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


Printed Page 2430 . . . . . Tuesday, March 28, 2017

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Proverbs 9:9: "Give instruction to the wise, and they will become wiser still; teach the righteous and they will gain in learning."

Let us pray. Merciful God, the fountain of living water, quench our thirst with Your instructions, that we might use what You have provided for us. Teach us to be wise as serpents and innocent as doves. Guide us through this day and give us Your blessings. Look in favor upon our Nation, President, State, Governor, Speaker, staff, and all who contribute to this Assembly. Protect our first responders and those who defend us at home and abroad. Heal the wounds, those seen and those hidden, of our men and women who suffer for our freedom. Lord, in Your mercy, hear our prayer. Amen.

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

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

MOTION ADOPTED

Rep. CROSBY moved that when the House adjourns, it adjourn in memory of Miner William "Billy" Crosby III, of North Charleston, which was agreed to.

Mr. Miner William (Billy) Crosby III
June 22, 1953 - March 25, 2017

Billy was born June 22, 1953, in Charleston, South Carolina. He was the family accountant and was retired from Crosby's Garage. Billy was diagnosed with Becker Strain of Muscular Dystrophy, but he never lost his optimism and his incredible attitude of perseverance. Never losing faith and never complaining, Billy was an inspiration to all who came in contact with him. He was inspired by space and travel, keeping his


Printed Page 2431 . . . . . Tuesday, March 28, 2017

curiosity in the clouds and his eyes on his computer. Everything Billy tried he perfected, whether it was building his first computer, wood working, photography or finding ways to make his disability easier.

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., March 21, 2017
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: April 1, 2017
Term Expiring: April 1, 2020
Seat: At-large, Governor
Vice: None, Commission has been reconstituted

Mrs. Brandolyn T. Pinkston
5 Woodlands Ridge Court
Columbia, South Carolina 29229

Yours truly,
Henry McMaster
Governor

Referred to Ethics Committee

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor


Printed Page 2432 . . . . . Tuesday, March 28, 2017

Columbia, S.C., March 21, 2017
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: April 1, 2017
Term Expiring: April 1, 2020
Seat: At-large, Governor
Vice: None, Commission has been reconstituted

Ms. Ashleigh R. Wilson
4709 Faulkland Road
Columbia, South Carolina 29210

Yours truly,
Henry McMaster
Governor

Referred to Ethics Committee

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., March 21, 2017
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.


Printed Page 2433 . . . . . Tuesday, March 28, 2017

Statewide Appointment

State Ethics Commission
Term Commencing: April 1, 2017
Term Expiring: April 1, 2022
Seat: At-large, Governor's Political Party
Vice: None, Commission has been reconstituted

Mr. Brian M. Barnwell
1992 Congaree Road
Eastover, South Carolina 29044

Yours truly,
Henry McMaster
Governor

Referred to Ethics Committee

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., March 21, 2017
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.

Statewide Appointment

State Ethics Commission
Term Commencing: April 1, 2017
Term Expiring: April 1, 2022
Seat: At-large, Governor's Political Party
Vice: None, Commission has been reconstituted


Printed Page 2434 . . . . . Tuesday, March 28, 2017

Ms. Childs C. Thrasher
2726 Blossom Street
Columbia, South Carolina 29205

Yours truly,
Henry McMaster
Governor

Referred to Ethics Committee

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 28, 2017
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 6, S. 457 by a vote of 40 to 0:

(R. 6, S. 457 (Word version)) -- Senator Fanning: AN ACT TO AMEND ACT 191 OF 1991, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO ALLOW BOARD MEMBERS TO RECEIVE A MONTHLY STIPEND IN AN AMOUNT TO BE DETERMINED BY THE BOARD, AND TO REQUIRE ACTUAL ATTENDANCE AT A DULY CONSTITUTED BOARD MEETING IN ORDER TO RECEIVE THE MONTHLY STIPEND.

Very respectfully,
President
Received as information.

R. 6, S. 457--ORDERED PRINTED IN THE JOURNAL

The following was received:

March 13, 2017
The Honorable Kevin L. Bryant
President of the Senate
State House, First Floor, East Wing
Columbia, South Carolina 29201


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Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R. 6, S. 457 (Word version), which seeks to allow the Board of Trustees of the Fairfield County School District to receive a monthly stipend and to set the amount of the same. Under current law, the members of the Board of Trustees serve without pay but may receive a per diem allowed by law for boards and commissions and may be paid mileage and reimbursed for certain travel-related expenses.
At present, there is a patchwork of authorities governing South Carolina's school districts. Consequently, school districts have varying degrees of fiscal autonomy, and there is no uniform method of compensating school board members. In some school districts, board members serve without pay, whereas in others, board members receive in excess of $10,000 per year. I believe that decisions of this nature--concerning the operation and financial affairs of local school districts and the compensation of their board members--should be made primarily by the citizens of the affected communities and their local elected officials. Rather than micromanage matters such as the compensation of school board members, the State should allow local officials to make these decisions and allow their constituents to hold them accountable.
To this end, I submit that the General Assembly should enact statewide legislation that provides uniform authority and autonomy to South Carolina's school districts, instead of the current practice of addressing, or micromanaging, school board operations through piecemeal and inconsistent local legislation.
For the foregoing reasons, I am respectfully vetoing R. 6, S. 457 and returning the same without my signature.

Yours very truly,

Henry McMaster

Governor

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 4051 (Word version) -- Reps. Pope, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown,


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Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROBERT FRANCIS SMITH, FOUNDER OF THE LITTLE GREEN APPLES PROJECT, FOR HIS MANY REMARKABLE ACHIEVEMENTS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4052 (Word version) -- Rep. Mitchell: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR WANDA LOGAN UPON THE OCCASION OF HER RETIREMENT FROM THE CITY OF SPARTANBURG AFTER THIRTY-TWO YEARS OF EXEMPLARY SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4053 (Word version) -- Reps. Mack, Gilliard, Brown and Whipper: A JOINT RESOLUTION TO ESTABLISH BEGINNING WITH THE 2018-2019 SCHOOL YEAR A SIX-YEAR PILOT PROGRAM IN NINE SPECIFIC SCHOOL DISTRICTS TO IMPLEMENT AND MONITOR CONTINUOUS PRIMARY MODULES FOR USE INSTEAD OF


Printed Page 2437 . . . . . Tuesday, March 28, 2017

GRADES ONE THROUGH THREE, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP A CONTINUOUS PRIMARY MODULE, TO PROVIDE ELEMENTS OF A CONTINUOUS PRIMARY MODULE, TO PROVIDE THE DEPARTMENT SHALL MAKE RECOMMENDATIONS REGARDING STATEWIDE EXPANSION OF THE PROGRAM BASED ON THE OUTCOMES ACHIEVED BY THE SCHOOLS PARTICIPATING IN THE PILOT PROGRAM, TO PROVIDE SCHOOLS USING A CONTINUOUS PRIMARY MODULE IN THE PILOT PROGRAM MAY CONTINUE USE OF THE MODULE FOR ONE ACADEMIC YEAR AFTER THE SIX-YEAR PILOT PERIOD ENDS, TO PROVIDE THE DEPARTMENT MAY MODIFY AND WAIVE PROVISIONS OF THE READ TO SUCCEED ACT TO ACCOMMODATE THE STRUCTURE OF CONTINUOUS PRIMARY MODULES IN SCHOOLS PARTICIPATING IN THE PILOT PROGRAM, AND TO PROVIDE THE DEPARTMENT SHALL CREATE POLICIES TO IMPLEMENT THE PROVISIONS OF THIS JOINT RESOLUTION.
Referred to Committee on Education and Public Works

S. 115 (Word version) -- Senators Rankin and Hutto: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 3, SO AS TO PROVIDE FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF A MANDATORY ALCOHOL SERVER TRAINING AND EDUCATION PROGRAM; TO REQUIRE SERVERS OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN LICENSED OR PERMITTED BUSINESSES TO OBTAIN ALCOHOL SERVER CERTIFICATES; TO PROVIDE GUIDANCE FOR THE CURRICULA OF THE TRAINING PROGRAMS; TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO BE RESPONSIBLE FOR APPROVAL OF THE TRAINING PROGRAMS AND IMPLEMENTATION OF THE ALCOHOL SERVER CERTIFICATES; TO REQUIRE FEES FROM PROVIDERS OF TRAINING PROGRAMS AND FROM APPLICANTS FOR ALCOHOL SERVER CERTIFICATES TO COVER THE COSTS OF THE MANDATORY TRAINING AND ENFORCEMENT; TO REQUIRE COORDINATION AMONG THE DEPARTMENT OF REVENUE, THE STATE LAW ENFORCEMENT DIVISION, AND OTHER STATE AND LOCAL AGENCIES FOR THE IMPLEMENTATION AND ENFORCEMENT


Printed Page 2438 . . . . . Tuesday, March 28, 2017

OF THESE PROVISIONS; TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS NECESSARY TO ESTABLISH, IMPLEMENT, AND ENFORCE THESE PROVISIONS.
Referred to Committee on Judiciary

S. 201 (Word version) -- Senators McElveen, Campbell, McLeod, Talley and Gregory: A BILL TO AMEND SECTION 56-1-140(A) OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO CHANGE THE VALIDITY OF A DRIVER'S LICENSE FROM TEN YEARS TO EIGHT YEARS TO COMPLY WITH THE REQUIREMENTS OF THE FEDERAL REAL ID ACT OF 2005; TO AMEND ARTICLE 1, CHAPTER 1, TITLE 56, RELATING TO GENERAL PROVISIONS FOR DRIVER'S LICENSES, BY ADDING SECTION 56-1-86 TO DIRECT THE GOVERNOR TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE REQUIREMENTS OF THE FEDERAL REAL ID ACT OF 2005; AND TO REPEAL SECTION 56-1-85, RELATING TO THE FEDERAL REAL ID ACT OF 2005.
Referred to Committee on Education and Public Works

S. 271 (Word version) -- Senator Allen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO THE DEPARTMENT HAS DETERMINED IS NOT A SECURITY RISK AND CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS WHILE THEY ARE HOSPITALIZED, AND TO PROVIDE FOR THE TRANSPORTATION OF THE INMATE; AND TO AMEND SECTION 24-3-210, RELATING TO FURLOUGHS FOR QUALIFIED INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.
Referred to Committee on Judiciary

S. 275 (Word version) -- Senator Bennett: A BILL TO AMEND SECTION 61-4-1515, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BREWERIES, SAMPLES AND SALES FOR ON- AND OFF-PREMISES CONSUMPTION, SO AS TO PROVIDE THAT A BREWERY BREWING AND SELLING BEER ON ITS


Printed Page 2439 . . . . . Tuesday, March 28, 2017

LICENSED PREMISES IN THIS STATE MAY APPLY FOR A PERMIT TO SELL ALCOHOLIC LIQUOR BY THE DRINK FOR CONSUMPTION WITHIN A SPECIFIED AREA UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A BREWPUB MAY APPLY FOR A BREWERY PERMIT PROVIDED THAT IT SURRENDERS ITS BREWPUB PERMIT AT THE TIME THE BREWERY PERMIT IS ISSUED.
Referred to Committee on Judiciary

S. 325 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 43-33-350 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, TO PROVIDE THAT PROTECTION AND ADVOCACY FOR PEOPLE WITH DISABILITIES, INC., FORMERLY KNOWN AS THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SHALL ADMINISTER THE CLIENT ASSISTANCE PROGRAM; TO REPEAL SECTION 1-11-10(A)(9); AND TO PROVIDE FOR THE TRANSITION OF THE PROGRAM'S ADMINISTRATION FROM THE DEPARTMENT OF ADMINISTRATION.
Referred to Committee on Judiciary

S. 354 (Word version) -- Senators Alexander and Verdin: A BILL TO AMEND SECTION 44-7-130 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR THE STATE CERTIFICATION OF NEED AND HEALTH FACILITIES LICENSURE ACT, TO DEFINE CRISIS STABILIZATION UNIT FACILITY; TO AMEND SECTION 44-7-170(A), RELATING TO THE APPLICABILITY OF THE CERTIFICATE OF NEED PROCESS TO CERTAIN PROJECTS, TO MAKE THE CERTIFICATE OF NEED PROCESS INAPPLICABLE TO CRISIS STABILIZATION UNIT FACILITIES; AND TO AMEND SECTION 44-7-260(A), RELATING TO REQUIREMENTS FOR LICENSURE FOR HEALTH FACILITIES, TO REQUIRE CRISIS STABILIZATION UNIT FACILITIES OBTAIN A LICENSE FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Ways and Means

S. 562 (Word version) -- Senators McElveen and Johnson: A BILL TO AMEND SECTION 2(A) OF ACT 321 OF 2010, RELATING TO THE


Printed Page 2440 . . . . . Tuesday, March 28, 2017

CONSOLIDATION OF THE SUMTER COUNTY SCHOOL DISTRICT, TO PROVIDE FOR TWO AT-LARGE MEMBERS OF THE SUMTER COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES; TO PROVIDE FOR THE INITIAL APPOINTMENT AND SUBSEQUENT ELECTION OF AT-LARGE SCHOOL BOARD MEMBERS; AND TO STAGGER THE TERMS OF THE AT-LARGE SCHOOL BOARD MEMBERS.
Referred to Sumter Delegation

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Bales                  Ballentine             Bamberg
Bannister              Bedingfield            Bennett
Bernstein              Blackwell              Bowers
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McKnight               Mitchell
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pitts


Printed Page 2441 . . . . . Tuesday, March 28, 2017

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

Total Present--118

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a temporary leave of absence due to family medical reasons.

STATEMENT OF ATTENDANCE

Rep. HART signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 23.

DOCTOR OF THE DAY

Announcement was made that Dr. Helmut Albrecht of Columbia was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the


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House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSORS ADDED

Bill Number:   H. 3055 (Word version)
Date:   ADD:
03/28/17   HENEGAN, KING and MACK

CO-SPONSORS ADDED

Bill Number:   H. 3064 (Word version)
Date:   ADD:
03/28/17   GILLIARD and MACK

CO-SPONSOR ADDED

Bill Number:   H. 3137 (Word version)
Date:   ADD:
03/28/17   GILLIARD

CO-SPONSORS ADDED

Bill Number:   H. 3417 (Word version)
Date:   ADD:
03/28/17   MACK and GILLIARD

CO-SPONSORS ADDED

Bill Number:   H. 3428 (Word version)
Date:   ADD:
03/28/17   MACK and GILLIARD

CO-SPONSOR ADDED

Bill Number:   H. 3521 (Word version)
Date:   ADD:
03/28/17   GILLIARD

CO-SPONSORS ADDED

Bill Number:   H. 3548 (Word version)
Date:   ADD:
03/28/17   HUGGINS, HAMILTON and BEDINGFIELD


Printed Page 2443 . . . . . Tuesday, March 28, 2017

CO-SPONSOR ADDED

Bill Number:   H. 3559 (Word version)
Date:   ADD:
03/28/17   KING

CO-SPONSOR ADDED

Bill Number:   H. 3601 (Word version)
Date:   ADD:
03/28/17   HEWITT

CO-SPONSOR ADDED

Bill Number:   H. 3809 (Word version)
Date:   ADD:
03/28/17   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 3886 (Word version)
Date:   ADD:
03/28/17   S. RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 3922 (Word version)
Date:   ADD:
03/28/17   GAGNON

CO-SPONSOR ADDED

Bill Number:   H. 4003 (Word version)
Date:   ADD:
03/28/17   HIXON

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day to attend a funeral.

H. 3311--DEBATE ADJOURNED

The following Bill was taken up:

H. 3311 (Word version) -- Reps. White, G. R. Smith, Clyburn, Cobb-Hunter, Pitts, G. M. Smith, West, V. S. Moss, Thayer, Putnam, Loftis, Whipper, Brown and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 29 TO


Printed Page 2444 . . . . . Tuesday, March 28, 2017

CHAPTER 53, TITLE 59 SO AS TO DEVELOP AND IMPLEMENT A CAREER PATHWAYS INITIATIVE, TO ESTABLISH A PATHWAYS TO FIRST CAREERS PROGRAM, TO ESTABLISH A PATHWAYS TO NEW OPPORTUNITIES PROGRAM, AND TO ADMINISTER THE WORKFORCE SCHOLARSHIP AND GRANT FUND; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO HIRE AN APPRENTICE; BY ADDING SECTION 59-53-110 SO AS TO CREATE A "WORKFORCE SCHOLARSHIP AND GRANT FUND"; AND BY ADDING SECTION 12-6-3765 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO CONTRIBUTE TO THE WORKFORCE SCHOLARSHIP AND GRANT FUND.

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

H. 3343--DEBATE ADJOURNED

The following Bill was taken up:

H. 3343 (Word version) -- Reps. White, Allison, Daning and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION SCHOOL FACILITIES ACT" TO PROVIDE FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS IN ORDER TO ACQUIRE SCHOOL FACILITIES BY USING GENERAL OBLIGATION BONDS, AND OTHER FORMS OF ASSISTANCE, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DETERMINE AND SELECT ON A PRIORITY BASIS, QUALIFIED SCHOOL PROJECTS WHICH SHALL RECEIVE FINANCIAL ASSISTANCE FROM THE STATE, TO PROVIDE FOR THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION IN THIS REGARD, AND TO PROVIDE FOR OTHER RELATED PROVISIONS IN CONNECTION WITH THE CONSTRUCTION OR RENOVATION OF SCHOOL FACILITIES; AND TO REPEAL CHAPTER 146, TITLE 59 RELATING TO THE STATE SCHOOL FACILITIES BONDS ACT WHICH AUTHORIZED THE ISSUANCE OF SPECIFIC DOLLAR AMOUNTS OF STATE SCHOOL FACILITIES BONDS WITHIN A SPECIFIED TIME PERIOD.


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

H. 3804--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3804 (Word version) -- Reps. D. C. Moss, Chumley, Delleney, Burns, Long, G. R. Smith, Bedingfield, V. S. Moss, Herbkersman, Yow, Hixon and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4072 SO AS TO PROVIDE THAT A PICK-UP TRUCK WITH A FIFTH WHEEL ASSEMBLY MAY NOT TOW MORE THAN ONE SEPARATE TRAILING VEHICLE, AND TO PROVIDE A MAXIMUM LENGTH FOR THIS COMBINATION OF VEHICLES.

Rep. MURPHY explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bannister              Bedingfield
Bernstein              Blackwell              Bradley
Brown                  Burns                  Caskey
Chumley                Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long


Printed Page 2446 . . . . . Tuesday, March 28, 2017

Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McKnight               V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Putnam                 Ridgeway
S. Rivers              Robinson-Simpson       Rutherford
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Weeks                  West
Wheeler                White                  Whitmire
Williams               Willis                 Yow

Total--102

Those who voted in the negative are:

Total--0

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

H. 3019--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3019 (Word version) -- Reps. Rutherford and Robinson-Simpson: A BILL TO AMEND SECTION 17-5-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONER QUALIFICATIONS, SO AS TO PROVIDE THAT A PERSON WHO IS ELECTED AS CORONER AND COMPLETES NECESSARY TRAINING IS QUALIFIED TO SERVE AS CORONER.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3019 (COUNCIL\SD\3019C001.NL.SD17):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/   SECTION   1.   Section 17-5-130(A)(2) of the 1976 Code is amended to read:


Printed Page 2447 . . . . . Tuesday, March 28, 2017

"(2)   In addition to the requirements of subsection (A)(1), a coroner in this State shall have at least one of the following qualifications, the person shall:

(a)   have at least three years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;

(b)   have a two-year associate degree and two years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;

(c)   have a four-year baccalaureate degree and one year of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency;

(d)   be a law enforcement officer, as defined by Section 23-23-10(E)(1), who is certified by the South Carolina Law Enforcement Training Council with a minimum of two years of experience;

(e)   have completed a recognized forensic science degree or certification program or be enrolled in a recognized forensic science degree or certification program to be completed within one year of being elected to the office of coroner;

(f)   be a medical doctor; or

(g)   have a bachelor of science degree in nursing. nursing; or

(h)   have completed the training requirements defined in subsection (C) by the end of the calendar year after being elected. A person who is elected to serve as coroner who solely meets the qualifications of this subitem must have a medical examiner on staff or a deputy coroner who has obtained:

(i)   a high school diploma or its recognized equivalent by the state department of education and have at least three years of experience as a death investigator with a law enforcement agency, coroner, or medical examiner agency;

(ii)   have a two-year associate degree and two years of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency; or

(iii)   have a four-year baccalaureate degree and one year of experience in death investigation with a law enforcement agency, coroner, or medical examiner agency."   /
Renumber sections to conform.
Amend title to conform.

Rep. MURPHY explained the amendment.


Printed Page 2448 . . . . . Tuesday, March 28, 2017

Reps. COLE, TALLON, MURPHY, TAYLOR, BROWN, WHITMIRE, SANDIFER, FORRESTER, ALLISON, G. R. SMITH, MCCOY, DOUGLAS, JOHNSON, KNIGHT, WILLIAMS, HENEGAN, SPIRES, J. E. SMITH, BANNISTER, PARKS and HOSEY requested debate on the Bill.

H. 3125--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3125 (Word version) -- Reps. McEachern, Pitts and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-645 SO AS TO ALLOW TEMPORARY PLACEMENT OF A CHILD WITH A RELATIVE OR ALTERNATIVE CAREGIVER PURSUANT TO A SAFETY PLAN, TO PROVIDE REQUIREMENTS FOR A SAFETY PLAN, AND TO LIMIT THE DURATION OF A SAFETY PLAN TO NINETY DAYS, WITH EXCEPTIONS; BY ADDING SUBARTICLE 10 TO ARTICLE 3, CHAPTER 7, TITLE 63 SO AS TO ALLOW DSS TO OFFER PROTECTIVE SERVICES PURSUANT TO A CHILD AND FAMILY PLAN IN CERTAIN CHILD ABUSE OR NEGLECT MATTERS, TO PROVIDE REQUIREMENTS FOR A CHILD AND FAMILY PLAN, TO LIMIT THE DURATION OF A CHILD AND FAMILY PLAN TO SIX MONTHS, WITH EXCEPTIONS, AND TO PROVIDE FOR TERMINATION OF FAMILY PRESERVATION SERVICES; TO AMEND SECTION 63-7-20, AS AMENDED, RELATING TO DEFINITIONS USED IN CHAPTER 7, TITLE 63, SO AS TO ADD DEFINITIONS FOR "SAFETY PLAN", "PLACEMENT PLAN", AND "TREATMENT PLAN"; TO AMEND SECTION 63-7-650, RELATING TO REQUIREMENTS BEFORE PLACING A CHILD WITH A RELATIVE OR OTHER PERSON WHEN THE CHILD IS TAKEN INTO EMERGENCY PROTECTIVE CUSTODY, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 63-7-690, RELATING TO PLACEMENT OF A CHILD WITH A RELATIVE OR OTHER PERSON INSTEAD OF TAKING THE CHILD INTO DSS CUSTODY, SO AS TO MAKE CONFORMING CHANGES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3125 (COUNCIL\VR\3125C001.CC.VR17), which was adopted:


Printed Page 2449 . . . . . Tuesday, March 28, 2017

Amend the bill, as and if amended, by striking the bill in its entirety after the enacting words and inserting:
/ SECTION   1.   This act may be cited as the "Safe Children's Act".
SECTION   2.   Subarticle 3, Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding:
"Section 63-7-645.   (A)(1)   Following the initiation of an investigation of a report of suspected child abuse or neglect pursuant to Section 63-7-920, the department may determine that a child or children need to be temporarily placed with a relative or other person who is willing to serve as an interim placement for the child or children. The relative or other person must meet the requirements established pursuant to subsection (E). The department shall develop and execute a safety plan regarding the placement with the relative or other person within seventy-two hours of the decision for placement. The purpose of the safety plan is to reduce imminent threats to a child's safety.

(2)   A safety plan does not:

(a)   remove legal custody of the child from the parent or guardian; or

(b)   modify an existing court order regarding custody of the child, visitation, or child support.

(B)(1)   A safety plan expires no later than ninety days after receipt of the report of suspected child abuse or neglect. At the conclusion of the investigation or upon expiration of the safety plan, whichever comes first:

(a)   the child may return to the home, if the department determines that return of the child would not cause an unreasonable risk of harm to the child's physical health, safety, and well-being;

(b)   the department shall file a removal action pursuant to Section 63-7-1660;

(c)   the department shall file an intervention action pursuant to Section 63-7-1650; or

(d)   the department shall provide family preservation services pursuant to Section 63-7-1510.

(2)   A safety plan must terminate immediately upon a determination by the department that a report is unfounded.

(C)   A safety plan must be a written document and must be prepared by the department with the participation of the parent, custodian, or guardian and the relative or other person identified by the department to serve as an interim placement for the child or children, and be signed by all participants. It must include, at a minimum:

(1)   the name and address of the parent, custodian, or guardian;


Printed Page 2450 . . . . . Tuesday, March 28, 2017

(2)   the name and address of the relative or other person;

(3)   the name, address, and telephone number of the department case worker and supervisor;

(4)   the name and date of birth of the child;

(5)   a description of the reasons why a safety plan is required;

(6)   a description of the actions to be taken by the parent, custodian, or guardian; the responsibilities of the relative or other person; and the responsibilities of the department to protect the child during the safety plan;

(7)   a plan for visitation and other contact between the child and the parent, custodian, or guardian;

(8)   a description of the immediate needs of the child including, but not limited to, educational, medical, and mental health needs;

(9)   the date on which the safety plan expires;

(10)   a plan for the financial support of the child, if placed out of the home; and

(11)   a statement that the department has the right to file a court action at any time, if the parent, custodian, or guardian or the relative or other person fails to comply with the safety plan or if the department determines that the safety plan otherwise fails to reduce threats to the child's safety and a statement that the parent, custodian, or guardian may be entitled to representation by an attorney in such court action.

(D)   The department shall monitor the safety plan weekly, or more often if considered necessary, to assess the plan's effectiveness in controlling immediate threats to safety. The department shall make face-to-face contact with the child at least monthly. The safety plan may be amended to respond to any needs identified by the participants if amendment would enhance the effectiveness of the safety plan in controlling immediate threats to the child's safety. Any amendments must comply with the requirements set out in subsection (C). In no event shall an amendment to a safety plan extend the duration of the safety plan beyond ninety days.

(E)(1)   Before agreeing to placement of the child with a relative or other person, the department shall:

(a)   interview the relative or other person to determine the person's willingness, fitness, and suitability to serve as a placement; and

(b)   visit the relative's or other person's home to ensure that the placement is safe and appropriate for the needs of the child.

(2) Within twenty-four hours of placing the child with a relative or other person, the department shall secure from the person with whom the child is placed and other adults in the home a signed, written


Printed Page 2451 . . . . . Tuesday, March 28, 2017

statement attesting that no adult or child residing in the home has a history of child abuse or neglect and that no adult or child residing in the home has a criminal history that indicates that there is a significant risk that the child would be threatened with abuse or neglect in the home.

(3)   Within five days, the department shall confirm the information supplied in the signed, written statement by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The relative or other person shall consent to a background check by the department as provided for in this subsection.

(4)   The department must not agree to a placement if the interview, home visit, or signed, written statement, or records obtained pursuant to item (3) reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home."
SECTION   3.   Article 3, Chapter 7, Title 63 of the 1976 Code is amended by adding Subarticle 10:

"Subarticle 10
Family Preservation Services

Section 63-7-1510.   The purpose of this subarticle is to provide a process for the delivery of protective services when a report has been indicated pursuant to subarticles 5 and 13, and is not being brought before the family court for disposition.

The department shall develop a child and family plan pursuant to the requirements established in 63-7-1520 for the provision of family preservation services. The department shall monitor the family and, at a minimum, have monthly face-to-face visits with any child who suffered harm as that term is defined in Section 63-7-20(4). Additionally, the department shall conduct at least monthly face-to-face visits with all children who live in the home where the harm occurred and in the home of any perpetrator.

Section 63-7-1520.   (A)   When a report has been indicated pursuant to subarticles 5 and 13 and will not be brought before the family court for disposition, the department immediately shall coordinate services to ensure the safety and welfare of the minor children. However, no later than forty-five days after the indicated case decision, the department shall develop a child and family plan. The plan must be a written document prepared by the department. To the extent possible, the plan


Printed Page 2452 . . . . . Tuesday, March 28, 2017

must be prepared with the participation of the parents, custodian, or guardian of the child, the child, and any other agency or individual that will be required to provide services in order to implement the plan. At a minimum, the plan must:

(1)   be signed by the parents, custodian, or guardian, the department, and, if applicable, the relative or other person designated as an alternative placement for the child;

(2)   detail any changes in behavior or home conditions that must be made and any services that must be provided to the family to ensure, to the greatest extent possible, that the child will not be endangered;

(3)   describe any limitations on the parent's, custodian's, or guardian's contact with the minor child and a plan for visitation and other contact between the child and the parent, custodian, or guardian;

(4)   include the name and address of the parents, custodian, or guardian, and if applicable, the name and address of the relative or other person; the name, address, and telephone number of the department case worker and supervisor; and the name and date of birth of the child;

(5)   describe the reasons a plan is required;

(6)   describe the actions to be taken by the parent, custodian, or guardian; the responsibilities of the relative or other person; and the responsibilities of the department to protect the child during the plan;

(7)   list the needs of the child including, but not limited to, educational, medical, and mental health needs;

(8)   provide the date on which the plan expires;

(9)   address the financial support of the child, if placed out of the home;

(10)   contain a notice that the department has the right to file a court action for intervention or removal of the child at any time, if the parent, custodian, or guardian or the relative or other person fails to comply with the plan or if the department determines that the plan otherwise fails to reduce threats to the child's safety and a notice that the parent, custodian, or guardian may be entitled to representation by an attorney in such court action. The notice must be printed in boldface print or in all upper case letters; and

(11)   contain the following language in bold face type on the first page: 'Placing the child or children by the parent(s) or custodian(s) with a third party is a voluntary act. At any time during this agreement the parent(s) or custodian(s) may elect to discontinue the out-of-home placement and request the return of the child or children by notifying the department in writing. However, nothing prevents the department from requesting law enforcement to place the child or children in emergency


Printed Page 2453 . . . . . Tuesday, March 28, 2017

protective custody, filing an action seeking emergency removal of the child or children including requesting ex parte relief, filing an action for nonemergency removal, or filing an action to intervene to provide services.

(B)   The department shall give a copy of the plan to the parents, custodian, or guardian. The department shall give a copy of any portion of the plan that pertains to a relative or other person to that person.

(C)   If a child is to be placed out of the home pursuant to a child and family plan:

(1)   Before agreeing to placement of the child with a relative or other person, the department shall:

(a)   interview the relative or other person to determine the person's willingness, fitness, and suitability to serve as a placement; and

(b)   visit the relative's or other person's home to ensure that the placement is safe and appropriate for the needs of the child;

(2)   Within twenty-four hours of placing the child with a relative or other person, the department shall secure from the person with whom the child is placed and other adults in the home a signed, written statement attesting that no adult or child residing in the home has a history of child abuse or neglect and that no adult or child residing in the home has a criminal history that indicates that there is a significant risk that the child would be threatened with abuse or neglect in the home.

(3)   Within five days, the department shall confirm the information supplied in the signed, written statement by checking the Central Registry of Child Abuse and Neglect, other relevant department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The relative or other person shall consent to a background check by the department as provided for in this subsection.

(4)   The department must not agree to a placement if the interview, home visit, or signed, written statement, or records obtained pursuant to item (3) reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home.

(D) At a minimum, the department shall review the effectiveness of the plan every three months to determine whether all issues relating to abuse or neglect of the child are being appropriately addressed by the plan, including whether additional services are needed, progress is being made toward the required behavioral changes, and whether the child can be safely maintained in the home. The plan may be amended at any time


Printed Page 2454 . . . . . Tuesday, March 28, 2017

if the department, the parent, custodian, or guardian, and, if applicable, the relative or other person agrees to the revision. The plan must terminate within six months unless:

(1)   the parent, custodian, or guardian has demonstrated due diligence and a commitment to correcting conditions that led to the indicated case decision;

(2)   there are specific reasons to believe the conditions that led to the indicated case decision will be corrected by the end of an extension of time; and

(3)   the department documents specific reasons for extension of the plan.

In no event shall the plan exceed twelve months from the date it is first signed. An amendment to a plan or receipt of an additional indicated report must not extend the time.

Section 63-7-1530.   (A) Family preservation services pursuant to this subarticle must terminate when the department determines the child can be safely maintained in the home. If the child has resided with a relative or other person during the delivery of family preservation services, the child may return home when the child can be safely maintained in the home. In no event may family preservation services pursuant to this subarticle exceed twelve months from the date a child and family plan is first signed.

(B) At any time during the delivery of family preservation services if the department determines that a child cannot be safely maintained in the home of the parent, custodian, or guardian, or a relative or other person, the department may petition the family court for relief pursuant to Section 63-7-1650 or 63-7-1660. If the department determines there is probable cause to believe that by reason of abuse or neglect there exists imminent and substantial danger to the child's life, health, or physical safety, the department shall report this determination to a law enforcement officer, or, in the alternative, shall seek ex parte relief from the family court pursuant to Section 63-7-740."
SECTION   4.   Section 63-7-20 (21) - (27) of the 1976 Code, as last amended by Act 238 of 2016, is further amended to read:

"(21)   'Placement Plan' means a plan developed pursuant to Section 63-7-1680.

(22)   'Preponderance of evidence' means evidence which, when fairly considered, is more convincing as to its truth than the evidence in opposition.

(22)(23)   'Probable cause' means facts and circumstances based upon accurate and reliable information, including hearsay, that would


Printed Page 2455 . . . . . Tuesday, March 28, 2017

justify a reasonable person to believe that a child subject to a report under this chapter is abused or neglected.

(23)(24)   'Protective services unit' means the unit established within the Department of Social Services which has prime responsibility for state efforts to strengthen and improve the prevention, identification, and treatment of child abuse and neglect.

(24)(25)   'Reasonable and prudent parent standard' means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety, and best interest of a child while at the same time encouraging the growth and development of the child, that a caregiver shall use when determining whether to allow a child in foster care to participate in age or developmentally appropriate activities.

(26)   'Safety Plan' means a plan developed pursuant to Section 63-7-645.

(25)(27)   'Subject of the report' means a person who is alleged or determined to have abused or neglected the child, who is mentioned by name in a report or finding.

(26)(28)   'Suspected report' means all initial reports of child abuse or neglect received pursuant to this chapter.

(29)   'Treatment Plan' means a plan developed pursuant to Section 63-7-1670.

(27)(30)   'Unfounded report' means a report made pursuant to this chapter for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this chapter, it is presumed that all reports are unfounded unless the department determines otherwise."
SECTION   5.   Section 63-7-650 of the 1976 Code is amended to read:

"Section 63-7-650.   Before agreeing to or acquiescing in a corrective action that involves the placement of the a child with a relative or other person or making an interim placement with a relative while retaining custody of the child or as soon as possible after agreeing to or acquiescing to the placement of the child, the department shall follow procedures established in Section 63-7-645.
in a corrective action, the department shall secure from the relative or other person and other adults in the home an affidavit attesting to information necessary to determine whether a criminal history or history of child abuse or neglect exists and whether this history indicates there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. As soon as possible, the department shall confirm the information supplied in the affidavit by checking the Central Registry of Child Abuse and Neglect, other relevant


Printed Page 2456 . . . . . Tuesday, March 28, 2017

department records, county sex offender registries, and records for the preceding five years of law enforcement agencies in the jurisdiction in which the relative or other person resides and, to the extent reasonably possible, jurisdictions in which the relative or other person has resided during that period. The department must not agree to or acquiesce in a placement if the affidavit or these records reveal information indicating there is a significant risk that the child would be threatened with abuse or neglect in the home of the relative or other person. The relative or other person must consent to a check of the above records by the department."
SECTION   6.   Section 63-7-690 of the 1976 Code is amended to read:

"Section 63-7-690.   (A) If within the twenty-four hours following removal of the child The department may place the child with a relative or other person instead of taking legal custody of the child if within the twenty-four hours following removal of the child:

(1) the department has identified a specified relative or other person with whom it has determined that the child is to be placed instead of the department's taking legal custody of the child; and

(2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement the department and the relative or other person have complied with the requirements of Section 63-7-645.

(B)   The department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement.

(C)   A probable cause hearing pursuant to Section 63-7-710 shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings.

(C)(D)   If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in


Printed Page 2457 . . . . . Tuesday, March 28, 2017

Section 63-7-700(B). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time."
SECTION   7.   Section 43-3-60 of the 1976 Code is amended to read:

"Section 43-3-60.   (A)   The respective county directors shall act as the representatives of the director in administering such welfare activities within the county as are provided for by law or as are directed and required by the director when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department in the performance of such functions as the director may delegate to it.

(B)   The respective county directors shall act as the representatives of the director in facilitating the department's responsibilities in child abuse or neglect matters including, but not limited to, child abuse or neglect judicial proceedings. Legal counsel for the department shall abide by the decisions of the county directors concerning the objectives of the representation in a child abuse or neglect action. When a caseworker, or other county department employee, communicates with the department's legal counsel about the case, the communication is protected as a confidential attorney-client communication; however, the caseworker, or other employee of the county department, is not the client for purposes of communicating the department's decisions concerning the objectives of the representation." /
SECTION   8.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.

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

Rep. BANNISTER proposed the following Amendment No. 2 to H. 3125 (COUNCIL\CZ\3125C001.NBD.CZ17), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 7 in its entirety and inserting:


Printed Page 2458 . . . . . Tuesday, March 28, 2017

/   SECTION   7.   Section 43-3-60 of the 1976 Code is amended to read:

"Section 43-3-60.   (A)   The respective county directors shall act as the representatives of the director in administering such welfare activities within the county as are provided for by law or as are directed and required by the director when not otherwise provided for by law. Each of such county directors shall see that all laws are enforced for the protection and welfare of minors and the removal of moral menaces to the young and to safeguard and promote the health, education and general welfare of minors. Subject to the rules and regulations of the state department, each of the county directors may use any funds supplied by the county in which the county department operates for such purposes as may be directed by law, in addition to their other duties. Each county director shall serve as the agent of the state department in the performance of such functions as the director may delegate to it.

(B)   The respective county directors shall act as the representatives of the director in facilitating the department's responsibilities in child abuse or neglect matters including, but not limited to, child abuse or neglect judicial proceedings. Legal counsel for the department shall abide by the decisions of the South Carolina Department of Social Services concerning the objectives of the representation in a child abuse or neglect action. When a caseworker, or other county department employee, communicates with the department's legal counsel about the case, the communication is protected as a confidential attorney-client communication; however, the caseworker, or other employee of the county department, is not the client for purposes of communicating the department's decisions concerning the objectives of the representation."/
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Bales                  Ballentine


Printed Page 2459 . . . . . Tuesday, March 28, 2017

Bamberg                Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Hamilton
Hardee                 Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hill                   Hixon                  Hosey
Howard                 Huggins                Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              V. S. Moss
B. Newton              W. Newton              Norrell
Ott                    Parks                  Putnam
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Ryhal
Sandifer               Simrill                G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Wheeler
Whitmire               Williams               Willis
Yow

Total--100

Those who voted in the negative are:

Total--0

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


Printed Page 2460 . . . . . Tuesday, March 28, 2017

H. 3137--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3137 (Word version) -- Reps. Stavrinakis, McCoy, Bales, J. E. Smith and Gilliard: A BILL TO AMEND SECTIONS 61-6-1140 AND 61-6-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATED TO TASTINGS AND RETAIL SALES OF ALCOHOLIC LIQUORS AT LICENSED PREMISES OF A MICRO-DISTILLERY OR MANUFACTURER, SO AS TO REVISE THE OUNCE AMOUNT OF ALCOHOLIC LIQUORS DISPENSED AT LICENSED PREMISES AND TO REVISE THE SALE AT RETAIL OF ALCOHOLIC LIQUORS AT LICENSED PREMISES AND TO ALLOW MIXERS TO BE USED IN TASTINGS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3137 (COUNCIL\JH\3137C001.DKA.JH17):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Section 61-6-1140 of the 1976 Code, as added by Act 11 of 2009, is amended to read:

"Section 61-6-1140.   A holder of a valid micro-distillery or manufacturer license issued by the State may permit tastings and retail sales of the alcoholic liquors produced at the licensed premises subject to the following limitations and any other limitations provided in this subarticle:

(1)   tastings by and sales to consumers must be held in conjunction with a tour by the consumer of the on-site licensed premises;

(2)   the micro-distillery or manufacturer shall establish appropriate protocols to ensure that a consumer sold or served alcoholic liquors pursuant to this section is not under twenty-one years of age and that a consumer shall not attend more than one tasting in a day;

(3)   the micro-distillery or manufacturer shall dispense alcoholic liquors for tasting in quantities not greater than one-half ounce per sample;

(4)   the micro-distillery or manufacturer may not dispense more than one and one-half three ounces to an individual consumer in one day;

(5)(4)   tastings and sales may occur only between the hours of nine a.m. and seven p.m., Monday through Saturday;

(6)(5)   the micro-distillery or manufacturer may charge for alcoholic liquors consumed at a tasting, but must collect and remit the


Printed Page 2461 . . . . . Tuesday, March 28, 2017

liquor by the drink excise tax pursuant to the provisions of Chapter 33, Title 12;

(6)   the micro-distillery or manufacturer may provide mixers, which must be nonalcoholic and carry zero percent of alcohol by weight, in conjunction with the tasting, but the micro-distillery or manufacturer may not charge for the mixers;

(7)   tastings may not occur in conjunction with the service of food in a restaurant setting; and

(8)   only brands of alcoholic liquors actually manufactured, distilled, or fermented at and distributed to wholesalers from the licensed premises may be sold or offered for tasting."
SECTION   2.   Section 61-6-1150 of the 1976 Code, as added by Act 11 of 2009, is amended to read:

"Section 61-6-1150.   Authorization by this section of sales and tastings at licensed premises of a micro-distillery or manufacturer is expressly intended for the promotion of education regarding production of alcoholic liquors in the State and not to create competition between producers and retailers. A holder of a valid micro-distillery or manufacturer license issued by the State may:

(1)   sell in any quantities the alcoholic liquors produced at the licensed premises to a wholesaler licensed by the State;

(2)   transport in any quantities the alcoholic liquors produced at the licensed premises out of state for sale outside of the State;

(3)   sell at retail at the licensed premises only in quantities of 750-milliliter bottles the alcoholic liquors produced at the licensed premises, but only if the labels for the bottles are marked 'not for resale';

(4)   sell at retail no more than the equivalent of three 750-milliliter bottles of alcoholic liquors to a consumer in one business day;

(5)   not allow consumption on the licensed premises of alcoholic liquors sold by the bottle at the licensed premises;

(6)   maintain pricing of the alcoholic liquors sold at the licensed premises at a price approximating retail prices generally charged for identical alcoholic liquors in the county where the on-site premises is located;

(7)   in addition to the sale of alcoholic liquors as authorized by this section, sell items promoting the brand or brands of alcoholic liquors produced at that location in a room on the licensed premises separate from the locations of the tastings; and

(8)   not sell or store goods, wares, or merchandise in or from the room in which alcoholic liquors are sold or tasted;


Printed Page 2462 . . . . . Tuesday, March 28, 2017

(9)   store mixers used, but not sold, in conjunction with tastings; and

(10)   not allow minors into the portion of the facility where tastings are occurring."
SECTION   3.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.

Reps. WHITE, BANNISTER, MCCRAVY, WILLIS, GAGNON, LOFTIS, HILL, PITTS, WEST, YOW, THAYER, HENEGAN, DOUGLAS, KNIGHT, CROSBY, HOSEY, SANDIFER and MAGNUSON requested debate on the Bill.

H. 3885--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3885 (Word version) -- Reps. Bannister, Bedingfield, G. R. Smith, Loftis and Hamilton: A BILL TO AMEND SECTION 44-7-3420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF TERMS USED IN THE LEWIS BLACKMAN HOSPITAL PATIENT SAFETY ACT, SO AS TO ADD DEFINITIONS FOR "HEALTH CARE PRACTITIONER" AND "HEALTH CARE FACILITY"; AND BY ADDING SECTION 44-7-3435 SO AS TO REQUIRE HEALTH CARE PRACTITIONERS TO WEAR IDENTIFICATION BADGES DISPLAYING CERTAIN INFORMATION.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3885 (COUNCIL\VR\3885C001.CC.VR17), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   Article 27, Chapter 7, Title 44 of the 1976 Code is amended by adding:

"Section 44-7-3435.   All health care practitioners providing health care in a health care facility shall wear badges clearly stating their names, using at a minimum either first or last names with appropriate initials, their job or trainee titles, and level of training. This information must be clearly visible and must be stated in terms reasonably understandable to


Printed Page 2463 . . . . . Tuesday, March 28, 2017

the average person. DHEC shall only administer and enforce the provisions of Section 44-7-3460 for health care facilities in Article 3 of this chapter." /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 101; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bernstein              Blackwell
Bradley                Brown                  Caskey
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gilliard               Govan
Hamilton               Hardee                 Hart
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McKnight
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Putnam


Printed Page 2464 . . . . . Tuesday, March 28, 2017

Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Ryhal                  Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thigpen                Weeks
West                   Whitmire               Williams
Willis                 Yow

Total--101

Those who voted in the negative are:

Total--0

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

H. 3055--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3055 (Word version) -- Reps. Robinson-Simpson, Clyburn, Gilliard, Mack, King and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "STOP THE SCHOOL HOUSE TO JAIL HOUSE PIPELINE ACT" BY CREATING THE RESTORATIVE JUSTICE STUDY COMMITTEE TO REVIEW THE JUVENILE JUSTICE LAWS OF THE STATE AND MAKE RECOMMENDATIONS CONCERNING PROPOSED CHANGES TO FACILITATE AND ENCOURAGE DIVERSION OF JUVENILES FROM THE JUVENILE JUSTICE SYSTEM TO RESTORATIVE JUSTICE PRACTICES FOR SPECIFIC PURPOSES AND IN CERTAIN CIRCUMSTANCES, TO PROVIDE THE STUDY COMMITTEE SHALL MAKE RECOMMENDATIONS CONCERNING A RELATED PILOT PROGRAM, TO PROVIDE SPECIFIC REQUIREMENTS FOR THE PILOT PROGRAM, AND TO DEFINE A NECESSARY TERM; BY ADDING SECTION 59-63-212 SO AS TO PROVIDE THAT SCHOOL DISTRICTS SHALL ADOPT ZERO-TOLERANCE POLICIES THAT NOT BE RIGOROUSLY APPLIED TO PETTY ACTS OF MISCONDUCT AND MISDEMEANORS, MUST APPLY EQUALLY TO ALL STUDENTS REGARDLESS OF THEIR ECONOMIC STATUS, RACE, OR


Printed Page 2465 . . . . . Tuesday, March 28, 2017

DISABILITY, AND THAT ARE INTENDED TO PROMOTE SAFE AND SUPPORTIVE LEARNING ENVIRONMENTS IN SCHOOLS, PROTECT STUDENTS AND STAFF FROM CONDUCT THAT POSES A SERIOUS THREAT TO SCHOOL SAFETY, ENCOURAGES SCHOOLS TO USE ALTERNATIVES TO EXPULSION OR REFERRAL, AMONG OTHER THINGS; BY ADDING SECTION 23-23-117 SO AS TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY SHALL DEVELOP AND IMPLEMENT A CULTURAL COMPETENCY MODEL TRAINING PROGRAM CURRICULUM FOR SCHOOL RESOURCE OFFICERS, TO PROVIDE CONTENT REQUIREMENTS FOR THE CURRICULUM, AND TO REQUIRE SCHOOL RESOURCE OFFICERS TO COMPLETE TRAINING BASED ON THE CURRICULUM; AND TO REPEAL SECTIONS 59-63-235 AND 59-63-240 BOTH RELATING TO STUDENT EXPULSIONS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3055 (COUNCIL\WAB\3055C001.AGM.WAB17), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   (A)(1)   There is created a study committee that must be known as the Restorative Justice Study Committee to review the juvenile justice laws of the State and:

(a)   make recommendations to the General Assembly concerning proposed changes to facilitate and encourage diversion of juveniles from the juvenile justice system to restorative justice practices:

(i)     to provide data to assess the efficacy of restorative justice to reduce recidivism, to assist in repairing the harm caused to victims and the community, increase victim, offender, and community member satisfaction, and reduce cost; and to promote the restorative justice principles of reconciliation, responsibility, reintegration, respect, relationship-building, and restitution; and

(ii)   when diversion may prevent juveniles from committing additional criminal acts, restore victims of crime, facilitate the juveniles' ability to pay restitution to victims of crime, and reduce the number of cases in the juvenile justice system. Restorative justice should ensure accountability while allowing juveniles to avoid the collateral consequences associated with criminal charges and convictions; and


Printed Page 2466 . . . . . Tuesday, March 28, 2017

(b)   provide recommendations concerning the creation of a pilot restorative justice program. At a minimum, this pilot program must require the circuit solicitor, prior to filing charges, to assess if the juvenile is suitable for participation in the restorative justice pilot program, and if the assessment determines the juvenile is suitable, the circuit solicitor, after consultation with the victim, may offer the juvenile prefiling diversion to a program using restorative justice practices. If the juvenile accepts participation in the program using restorative justice practices, the circuit solicitor shall not file the petition. The circuit solicitor shall place the juvenile in a diversion program using restorative justice practices, and the juvenile shall pay a fee that may be reduced on sliding scale based on income consistent with guidelines used to determine eligibility for appointment of counsel. If the juvenile successfully completes the program, the circuit solicitor shall not file a petition against the juvenile for the alleged crimes that led to participation in the program. If the juvenile is charged with a new offense while in the program or does not successfully complete the program using restorative justice practices, the circuit solicitor may initiate a petition against the juvenile and shall proceed as authorized in this article. Any statements made during the conference are confidential and may not be used as a basis for charging or prosecuting the defendant unless the defendant commits a chargeable offense during the conference. Each participant in the restorative justice program shall complete the uniform restorative justice satisfaction evaluation. Fees collected pursuant to the pilot program must be credited to a separate fund in the State Treasury styled the 'Restorative Justice Account', and the earnings on this account must be credited to it. Restorative Justice Account proceeds only may be used for the pilot program and restorative justice measures for juveniles as the General Assembly provides by law.

(2)   For the purposes of the Restorative Justice Study Committee, 'restorative justice practices' means practices that emphasize repairing the harm caused to victims and the community by offenses. Restorative justice practices include victim initiated victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative justice practices must be facilitated meetings attended voluntarily by the victim or victim's representatives, the victim's supporters, the offender, and the offender's supporters and may include community members. By engaging the parties to the offense in voluntary dialogue, restorative justice practices provide an opportunity for the offender to accept responsibility for the harm caused to the victim and


Printed Page 2467 . . . . . Tuesday, March 28, 2017

community, promote victim healing, and enable the participants to agree on consequences to repair the harm, to the extent possible, including, but not limited to, apologies, community service, reparation, restoration, and counseling. Restorative justice practices may be used in addition to any other conditions, consequences, or sentences imposed by the court. Restorative justice practices include, but must be not limited to, victim-offender conferences, family group conferences, restorative circles of accountability and support, community group conferences, solution circles, peace circles, restorative circles, and restorative mediation. These practices may benefit and include harmed parties, people who have done harm and must be willing to take responsibility, and affected family, community, and other directly impacted members.

(B)   The study committee must be composed of five members of the Senate, appointed by the Chairman of the Senate Judiciary Committee, and five members of the House of Representatives, appointed by the Chairman of the House Judiciary Committee. The study committee shall review corresponding restorative justice laws in other states in order to determine whether amendments should be proposed to the state's existing laws.

(C)   Vacancies in the membership of the study committee must be filled for the remainder of the unexpired term in the manner of original appointment.

(D)   The Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee shall provide appropriate staffing for the study committee.

(E)   The study committee shall make a report of its recommendations to the General Assembly by March 1, 2018, at which time the study committee must be dissolved.
SECTION   2.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   3.   This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.


Printed Page 2468 . . . . . Tuesday, March 28, 2017

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 4

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Brown                  Burns
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Felder                 Forrest                Forrester
Fry                    Funderburk             Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Hewitt                 Hiott
Hixon                  Hosey                  Huggins
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Lowe                   Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McKnight
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Putnam                 Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Wheeler


Printed Page 2469 . . . . . Tuesday, March 28, 2017

Whitmire               Williams               Willis
Yow

Total--97

Those who voted in the negative are:

Bradley                Gagnon                 Hill
White

Total--4

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

H. 3215--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3215 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-770 SO AS TO CREATE THE OFFENSE OF IMPERSONATING A LAWYER AND PROVIDE GRADUATED PENALTIES.

Rep. WEEKS explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bernstein              Blackwell              Bradley
Brown                  Burns                  Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Dillard                Douglas
Duckworth              Elliott                Erickson
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee


Printed Page 2470 . . . . . Tuesday, March 28, 2017

Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Lowe
Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McKnight               V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Putnam                 M. Rivers
S. Rivers              Robinson-Simpson       Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Weeks                  West
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--100

Those who voted in the negative are:

Total--0

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

H. 3685--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3685 (Word version) -- Reps. Quinn and Whipper: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO ADJUST THE DATES ON WHICH PRIMARIES, RUNOFF PRIMARIES, AND SPECIAL ELECTIONS MUST BE HELD IN ORDER TO COMPLY WITH THE "SOUTH CAROLINA UNIFORM MILITARY AND OVERSEAS VOTERS ACT".


Printed Page 2471 . . . . . Tuesday, March 28, 2017

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3685 (COUNCIL\ZW\3685C001.AGM.ZW17), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 7-13-190(B) of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:

"(B)(1)   In partisan elections, whether seeking nomination by political party primary or political party convention, filing by these candidates shall open for the office at twelve o'clock noon on the third Friday after the vacancy occurs for a period to close ten eight days later at twelve o'clock noon. If seeking nomination by petition, the petitions must be submitted not later than twelve o'clock noon, sixty days prior to the election. Verification of these petitions must be made not later than twelve o'clock noon forty-five days prior to the election. If seeking nomination by political party primary or political party convention, filing with the appropriate official is the same as provided in Section 7-11-15, and if seeking nomination by petition, filing with the appropriate official is the same as provided in Section 7-11-70.

(2)   A primary must be held on the eleventh Tuesday after the vacancy occurs. A runoff primary must be held on the thirteenth Tuesday after the vacancy occurs. The special election must be on the eighteenth twentieth Tuesday after the vacancy occurs. If the eighteenth twentieth Tuesday after the vacancy occurs is no more than sixty days prior to the general election, the special election shall must be held on the same day as the general election. If the filing period closes on a state holiday, then filing must be held open through the succeeding weekday. If the date for an election falls on a state holiday, it the election must be set for the next succeeding Tuesday. For purposes of this section, state holiday does not mean the general election day."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.


Printed Page 2472 . . . . . Tuesday, March 28, 2017

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Lowe                   Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              McKnight
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Putnam
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Weeks                  Wheeler
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--105


Printed Page 2473 . . . . . Tuesday, March 28, 2017

Those who voted in the negative are:

Total--0

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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

H. 3311--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, March 29, which was agreed to:

H. 3311 (Word version) -- Reps. White, G. R. Smith, Clyburn, Cobb-Hunter, Pitts, G. M. Smith, West, V. S. Moss, Thayer, Putnam, Loftis, Whipper, Brown and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 29 TO CHAPTER 53, TITLE 59 SO AS TO DEVELOP AND IMPLEMENT A CAREER PATHWAYS INITIATIVE, TO ESTABLISH A PATHWAYS TO FIRST CAREERS PROGRAM, TO ESTABLISH A PATHWAYS TO NEW OPPORTUNITIES PROGRAM, AND TO ADMINISTER THE WORKFORCE SCHOLARSHIP AND GRANT FUND; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO HIRE AN APPRENTICE; BY ADDING SECTION 59-53-110 SO AS TO CREATE A "WORKFORCE SCHOLARSHIP AND GRANT FUND"; AND BY ADDING SECTION 12-6-3765 SO AS TO PROVIDE A TAX CREDIT FOR TAXPAYERS WHO CONTRIBUTE TO THE WORKFORCE SCHOLARSHIP AND GRANT FUND.

H. 3343--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Wednesday, March 29, which was agreed to:

H. 3343 (Word version) -- Reps. White, Allison, Daning and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 2474 . . . . . Tuesday, March 28, 2017

ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION SCHOOL FACILITIES ACT" TO PROVIDE FINANCIAL ASSISTANCE TO SCHOOL DISTRICTS IN ORDER TO ACQUIRE SCHOOL FACILITIES BY USING GENERAL OBLIGATION BONDS, AND OTHER FORMS OF ASSISTANCE, TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL DETERMINE AND SELECT ON A PRIORITY BASIS, QUALIFIED SCHOOL PROJECTS WHICH SHALL RECEIVE FINANCIAL ASSISTANCE FROM THE STATE, TO PROVIDE FOR THE POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION IN THIS REGARD, AND TO PROVIDE FOR OTHER RELATED PROVISIONS IN CONNECTION WITH THE CONSTRUCTION OR RENOVATION OF SCHOOL FACILITIES; AND TO REPEAL CHAPTER 146, TITLE 59 RELATING TO THE STATE SCHOOL FACILITIES BONDS ACT WHICH AUTHORIZED THE ISSUANCE OF SPECIFIC DOLLAR AMOUNTS OF STATE SCHOOL FACILITIES BONDS WITHIN A SPECIFIED TIME PERIOD.

H. 3150--DEBATE ADJOURNED

Rep. FRY moved to adjourn debate upon the following Bill until Wednesday, March 29, which was agreed to:

H. 3150 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO REMOVE A MUNICIPALITY'S AUTHORITY NOT TO CONDUCT GENERAL ELECTIONS UNDER CERTAIN CONDITIONS.

H. 3064--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3064 (Word version) -- Reps. Rutherford and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-185 SO AS TO PROVIDE THE BOARD OF PHARMACY SHALL ISSUE A WRITTEN PROTOCOL IN COMPLIANCE WITH WHICH PHARMACISTS, WITHOUT AN ORDER OF A PRACTITIONER, MAY PRESCRIBE AND DISPENSE HORMONAL CONTRACEPTIVE PATCHES AND SELF-


Printed Page 2475 . . . . . Tuesday, March 28, 2017

ADMINISTERED ORAL HORMONAL CONTRACEPTIVES; TO PROVIDE THE BOARD ALSO SHALL ADOPT CERTAIN RULES TO ESTABLISH STANDARD PROCEDURES FOR THESE PRESCRIPTIONS AND DISPENSATIONS; AND TO PROVIDE THAT LAWS GOVERNING INSURANCE COVERAGE OF CONTRACEPTIVE DRUGS, DEVICES, PRODUCTS, AND SERVICES MUST BE CONSTRUED TO APPLY TO HORMONAL CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVES PRESCRIBED AND DISPENSED PURSUANT TO THIS ACT.

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

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

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

Rep. HART explained the amendment.

Reps. SIMRILL, HIOTT, G. M. SMITH, DILLARD, S. RIVERS, KIRBY, BENNETT, DANING, CROSBY, WHIPPER, BROWN, COLE, TALLON, MAGNUSON, FORRESTER, ROBINSON-SIMPSON, BANNISTER, TAYLOR, G. R. SMITH, STRINGER, LOFTIS, BURNS, MCEACHERN, ERICKSON, HART, CRAWFORD, HEWITT and RYHAL requested debate on the Bill.


Printed Page 2476 . . . . . Tuesday, March 28, 2017

H. 3428--DEBATE ADJOURNED

The following Bill was taken up:

H. 3428 (Word version) -- Reps. J. E. Smith, Gilliard and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-65 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS SHALL RECEIVE AND RESPOND TO COMPLAINTS FROM VETERANS REGARDING COUNTY VETERANS' AFFAIRS OFFICERS.

Rep. DOUGLAS explained the Bill.

Rep. DOUGLAS moved to adjourn debate on the Bill, until Wednesday, March 29, which was agreed to.

H. 3440--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3440 (Word version) -- Reps. Henderson and W. Newton: A BILL TO AMEND SECTION 43-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO REQUIRE THREE MEMBERS OF THE COMMISSION TO MEET THE LEGAL DEFINITION OF BLINDNESS; TO AMEND SECTION 43-25-30, RELATING TO THE POWERS AND DUTIES OF THE COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 43-25-60, RELATING TO TEACHERS OF STUDENTS WITH CERTAIN VISUAL IMPAIRMENTS, SO AS TO PROVIDE USE OF COUNSELORS TO ASSIST THOSE TEACHERS.

The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3440 (COUNCIL \VR\3440C001.CC.VR17), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION   3.   Section 43-25-60 of the 1976 Code is amended to read:

"Section 43-25-60.   The commission may employ qualified itinerant teachers counselors to assist teachers in public or private schools who are responsible for the teaching of visually handicapped students. The itinerant teacher counselor shall assist the public or private


Printed Page 2477 . . . . . Tuesday, March 28, 2017

school teacher by providing methods and materials for teaching such student. The State Department of Education shall report to the commission the schools having visually handicapped students. All principals or heads of private schools shall report to the commission the names of visually handicapped students in attendance." /
Renumber sections to conform.
Amend title to conform.

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

Rep. HENDERSON explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Caskey                 Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe


Printed Page 2478 . . . . . Tuesday, March 28, 2017

Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McKnight               Mitchell
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Parks
Pitts                  Putnam                 Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Rutherford             Ryhal                  Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Wheeler
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--111

Those who voted in the negative are:

Total--0

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

H. 3487--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3487 (Word version) -- Reps. Ridgeway, Govan, Duckworth, Hardee and Douglas: A BILL TO AMEND SECTIONS 44-78-15, 44-78-20, 44-78-30, 44-78-45, ALL AS AMENDED, 44-78-50, AND SECTION 44-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DO NOT RESUSCITATE ORDERS, SO AS TO ALLOW A PARENT OR LEGAL GUARDIAN OF A PATIENT WHO IS A CHILD TO REQUEST AND REVOKE A DO NOT RESUSCITATE ORDER FOR EMERGENCY SERVICES FOR THE CHILD.

Rep. HART explained the Bill.


Printed Page 2479 . . . . . Tuesday, March 28, 2017

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Caskey                 Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McKnight               Mitchell
Murphy                 B. Newton              W. Newton
Norrell                Parks                  Pitts
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Weeks
West                   Wheeler                Whipper


Printed Page 2480 . . . . . Tuesday, March 28, 2017

White                  Whitmire               Williams
Willis                 Yow

Total--107

Those who voted in the negative are:

Stringer

Total--1

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

H. 3809--DEBATE ADJOURNED

The following Bill was taken up:

H. 3809 (Word version) -- Reps. Finlay, Bernstein, Collins, Spires, J. E. Smith, Ridgeway, Clary, Dillard, Gilliard and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-120 SO AS TO ESTABLISH THAT AN INDIVIDUAL OR GROUP HEALTH INSURANCE POLICY PROVIDING COVERAGE FOR CONTRACEPTIVE DRUGS MUST PROVIDE REIMBURSEMENT FOR A TWELVE-MONTH REFILL OF CONTRACEPTIVE DRUGS OBTAINED AT ONE TIME; AND BY ADDING SECTION 44-6-120 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAKE ARRANGEMENTS FOR ALL MEDICAID PROGRAMS OFFERED THROUGH MANAGED CARE PLANS OR FEE-FOR-SERVICE PROGRAMS TO REQUIRE THE DISPENSING OF CONTRACEPTIVE DRUGS WITH A TWELVE-MONTH SUPPLY PROVIDED AT ONE TIME.

Rep. FINLAY moved to adjourn debate on the Bill, until Wednesday, March 29, which was agreed to.

S. 181--DEBATE ADJOURNED

The following Bill was taken up:

S. 181 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 44-56-200(B) OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, TO PROVIDE THAT, FOR THE PURPOSES OF THIS CHAPTER,


Printed Page 2481 . . . . . Tuesday, March 28, 2017

"RESPONSIBLE PARTY" DOES NOT INCLUDE A PERSON WHO IS EXCLUDED FROM LIABILITY UNDER THE SUPERFUND RECYCLING EQUITY ACT, 42 U.S.C. SECTION 9627.

Rep. HIOTT moved to adjourn debate on the Bill until Tuesday, April 18, which was agreed to.

H. 3601--POINT OF ORDER

The following Bill was taken up:

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

POINT OF ORDER

Rep. HIOTT 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.


Printed Page 2482 . . . . . Tuesday, March 28, 2017

H. 4003--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4003 (Word version) -- Reps. Hiott, Hewitt, Davis, Forrest, Bennett, West, Ott, Atkinson and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 39 SO AS TO ENACT THE "PRODUCE SAFETY ACT", TO ESTABLISH THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE TO ENFORCE CERTAIN FOOD SAFETY STANDARDS APPLICABLE TO FARM PRODUCE INCLUDING, BUT NOT LIMITED TO, THE AUTHORITY TO INSPECT CERTAIN FARMS; TO SEIZE, CONDEMN, AND DESTROY COVERED PRODUCE; AND TO OBTAIN A COURT ORDER FOR FORFEITURE AND DESTRUCTION OF COVERED PRODUCE; TO PROVIDE FOR THE APPEAL OF COURT ORDERS; TO DEFINE CERTAIN TERMS, INCLUDING "FARM" AND "COVERED PRODUCE"; TO PROVIDE EXCEPTIONS FOR CERTAIN FARMS AND PRODUCE; TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS; TO ESTABLISH CERTAIN PENALTIES FOR VIOLATION OF THE CHAPTER; TO PROVIDE FOR THE REPEAL OF THE CHAPTER UNDER CERTAIN CIRCUMSTANCES; AND FOR OTHER PURPOSES.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4003 (COUNCIL\VR\4003C001.CC.VR17), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 6, by striking Section 39-26-60(A)(1) in its entirety and inserting:
/ (1)     enter at reasonable hours on any farm in which produce is grown, packed, stored or held for introduction into commerce or after introduction or enter any vehicle being used to transport or hold this food in commerce; /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.


Printed Page 2483 . . . . . Tuesday, March 28, 2017

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 11

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Chumley                Clary                  Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Govan                  Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hiott
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
K       ing            Kirby                  Knight
Loftis                 Lucas                  Mack
Martin                 McCoy                  McEachern
McKnight               Mitchell               V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Ryhal
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Weeks                  West
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--100


Printed Page 2484 . . . . . Tuesday, March 28, 2017

Those who voted in the negative are:

Bedingfield            Caskey                 Felder
Hamilton               Hill                   Jordan
Long                   Lowe                   Magnuson
McCravy                Putnam

Total--11

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

STATEMENT FOR THE HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on H. 4003 because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:

The reason for abstaining on the above referenced legislation is that a potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Anne J. Thayer

STATEMENT FOR THE HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on H. 4003 because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:

The reason for abstaining on the above referenced legislation is that a potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. Craig A. Gagnon


Printed Page 2485 . . . . . Tuesday, March 28, 2017

H. 3559--POINT OF ORDER

The following Bill was taken up:

H. 3559 (Word version) -- Reps. Pitts, Ott, Putnam, Gagnon, Atkinson, Dillard, Martin, West, Hill, Bedingfield, Gilliard, Kirby, Davis and King: A BILL TO AMEND CHAPTER 55, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CULTIVATION OF INDUSTRIAL HEMP, SO AS TO REVISE THE DEFINITIONS OF TERMS CONTAINED IN THIS CHAPTER, TO PROVIDE A DEFINITION FOR THE TERM "HUMAN CONSUMPTION", TO CREATE THE SOUTH CAROLINA INDUSTRIAL HEMP PROGRAM, TO PROVIDE THAT INDUSTRIAL HEMP IS AN AGRICULTURAL CROP UPON WHICH AN INSTITUTION OF HIGHER EDUCATION MAY CONDUCT RESEARCH, TO PROVIDE THAT INDUSTRIAL HEMP OR HEMP PRODUCTS MAY NOT BE CONSIDERED AN ADULTERANT, TO PROVIDE PROVISIONS THAT REGULATE THE GROWING, SELLING, AND IMPORTATION OF INDUSTRIAL HEMP AND HEMP SEED, TO DELETE THE PROVISION THAT EXCLUDES INDUSTRIAL HEMP FROM THE DEFINITION OF MARIJUANA, TO REVISE THE PROVISION THAT SPECIFIES THAT CERTAIN CONDUCT REGARDING THE MANUFACTURING, DISTRIBUTION, PURCHASE, AND OTHER ACTIVITIES RELATING TO DISGUISING MARIJUANA TO MAKE IT APPEAR TO BE INDUSTRIAL HEMP, AND TO PROVIDE FOR LABORATORY TESTING OF INDUSTRIAL HEMP.

POINT OF ORDER

Rep. OTT 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.

H. 3417--POINT OF ORDER

The following Bill was taken up:

H. 3417 (Word version) -- Reps. Henegan, King, Yow, Gilliard and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE


Printed Page 2486 . . . . . Tuesday, March 28, 2017

BARBERSHOP PERMITS, TO ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.

POINT OF ORDER

Rep. HIOTT 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.

H. 3041--POINT OF ORDER

The following Bill was taken up:

H. 3041 (Word version) -- Reps. Huggins, Elliott, Long and Hamilton: A BILL TO AMEND SECTION 40-57-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL BACKGROUND CHECKS REQUIRED FOR INITIAL LICENSURES BY THE REAL ESTATE COMMISSION, SO AS TO REQUIRE THESE BACKGROUND CHECKS FOR LICENSURE RENEWALS; AND TO AMEND SECTION 40-57-340, RELATING TO LICENSURE RENEWAL REQUIREMENTS FOR REAL ESTATE SALESPERSONS, BROKERS, AND BROKERS-IN-CHARGE, SO AS TO MAKE A CONFORMING CHANGE.

POINT OF ORDER

Rep. HIOTT 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.

H. 3968--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3968 (Word version) -- Reps. Sandifer and Forrester: A BILL TO AMEND SECTION 40-1-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EFFECTS OF PRIOR CRIMINAL CONVICTIONS ON PERSONS SEEKING AUTHORIZATION TO PRACTICE, PURSUE, OR ENGAGE IN REGULATED PROFESSIONS OR OCCUPATIONS, SO AS TO DELETE


Printed Page 2487 . . . . . Tuesday, March 28, 2017

PROVISIONS PROHIBITING DENIALS OF SUCH AUTHORIZATIONS SOLELY FOR CERTAIN PRIOR CRIMINAL CONVICTIONS, TO ALLOW THE DENIAL OF AN AUTHORIZATION TO PRACTICE WHICH WOULD POSE CERTAIN THREATS TO THE PUBLIC, TO REQUIRE CERTAIN MINIMUM CRIMINAL RECORD BACKGROUND CHECKS OF PERSONS SEEKING AUTHORIZATION TO PRACTICE, TO PROVIDE SUCH REQUIREMENTS ARE INTENDED TO OPERATE IN THE ABSENCE OF SUCH REQUIREMENTS BUT DO NOT LIMIT OR OTHERWISE RESTRICT THE ABILITY OF BOARDS, COMMISSIONS, AND PANELS FROM IMPOSING MORE RESTRICTIVE AND ADDITIONAL REQUIREMENTS, AND TO SPECIFY THE BOARDS, COMMISSIONS, AND PANELS TO WHICH THESE BACKGROUND CHECK REQUIREMENTS APPLY; TO AMEND SECTION 40-1-110, RELATING TO SPECIFIC GROUNDS FOR DISCIPLINARY ACTION AGAINST PERSONS AUTHORIZED TO PRACTICE, PURSUE, OR ENGAGE IN REGULATED PROFESSIONS AND AUTHORIZATIONS, SO AS TO INCLUDE CERTAIN PRIOR CRIMINAL CONVICTIONS OR PLEAS TO CRIMINAL CONDUCT; AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT TAKE EFFECT TWO YEARS AFTER APPROVAL BY THE GOVERNOR.

Reps. SANDIFER, LOFTIS, HIOTT, WHITMIRE, CROSBY, YOW, RYHAL, FRY, CRAWFORD, THAYER, JEFFERSON, FORRESTER, CLEMMONS and WEST requested debate on the Bill.

H. 3038--POINT OF ORDER

The following Bill was taken up:

H. 3038 (Word version) -- Reps. Duckworth, Clemmons, Johnson, Atkinson and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 42 TO TITLE 40 SO AS TO PROVIDE FOR THE LICENSURE OF LOCKSMITHS; TO DEFINE NECESSARY TERMINOLOGY; TO CREATE THE BOARD OF LOCKSMITHS AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE BOARD; TO REQUIRE APPLICANTS FOR LICENSURE TO SATISFY CERTAIN CRITERIA, COMPLETE WRITTEN TESTING REQUIREMENTS, AND SUBMIT TO FINGERPRINT-BASED NATIONAL CRIMINAL BACKGROUND RECORDS CHECKS; AND TO REQUIRE


Printed Page 2488 . . . . . Tuesday, March 28, 2017

LOCKSMITHS TO COMPLETE CERTAIN CONTINUING EDUCATION REQUIREMENTS TO MAINTAIN LICENSURE.

POINT OF ORDER

Rep. HIOTT 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.

H. 4048--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4048 (Word version) -- Reps. Herbkersman, G. M. Smith and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-55 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ISSUE PERSONAL EMERGENCY RESPONSE SYSTEM (PERS) DEVICES TO MEDICAID RECIPIENTS THAT INCLUDE A NURSE TRIAGE COMPONENT.

Rep. HERBKERSMAN explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales
Ballentine             Bamberg                Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Caskey                 Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan


Printed Page 2489 . . . . . Tuesday, March 28, 2017

Hamilton               Hardee                 Hart
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
McKnight               Mitchell               V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Putnam                 Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Ryhal                  Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Thigpen                Weeks
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--109

Those who voted in the negative are:

Total--0

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2490 . . . . . Tuesday, March 28, 2017

HOUSE RESOLUTION

The following was introduced:

H. 4054 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO DECLARE THURSDAY, APRIL 6, 2017, AS "FUTURE SCHOLAR 529 DAY" IN THE PALMETTO STATE AND TO ENCOURAGE FAMILIES TO SAVE FOR COLLEGE WITH THE SOUTH CAROLINA FUTURE SCHOLAR 529 COLLEGE SAVINGS PLAN.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4055 (Word version) -- Reps. V. S. Moss, Erickson, D. C. Moss, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern,


Printed Page 2491 . . . . . Tuesday, March 28, 2017

McKnight, Mitchell, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DEANDRE' JOHNSON FOR AN EXTRAORDINARY SEASON AND TO CONGRATULATE HIM FOR WINNING THE 2017 NATIONAL CHAMPIONSHIP TITLE IN THE 157-POUND WEIGHT CLASS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4056 (Word version) -- Reps. Gilliard, Mack, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MR. AND MRS. RAJAN SAHIJRAM, OWNERS OF OPTIONS MENSWEAR IN CHARLESTON, UPON THE OCCASION OF THEIR RETIREMENT AFTER THIRTY-SEVEN YEARS OF OUTSTANDING SERVICE TO THE CHARLESTON COMMUNITY, AND TO WISH THEM CONTINUED SUCCESS AND HAPPINESS IN ALL THEIR FUTURE ENDEAVORS.

The Resolution was adopted.


Printed Page 2492 . . . . . Tuesday, March 28, 2017

HOUSE RESOLUTION

The following was introduced:

H. 4057 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE THOMAS SUMTER ACADEMY GIRLS VARSITY BASKETBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2017 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) 2A STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4058 (Word version) -- Rep. Knight: A HOUSE RESOLUTION TO CONGRATULATE MARY FRANCES DUKES PENDARVIS OF DORCHESTER COUNTY ON THE OCCASION OF HER NINETIETH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

The Resolution was adopted.


Printed Page 2493 . . . . . Tuesday, March 28, 2017

HOUSE RESOLUTION

The following was introduced:

H. 4060 (Word version) -- Reps. Willis, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND APPLAUD THE CLINTON HIGH SCHOOL SCIENCE OLYMPIAD TEAM AND ITS COACHES ON CAPTURING THE 2017 SCIENCE OLYMPIAD DIVISION C STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4059 (Word version) -- Reps. G. R. Smith, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell,


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D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR WILLIAM L. CARPENTER OF GREENVILLE COUNTY UPON THE OCCASION OF HIS RETIREMENT FROM THE BOARD OF THE CONNECTOR 2000 ASSOCIATION AFTER SIXTEEN YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4061 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO WELCOME TO THE PALMETTO STATE THE HONORABLE HAYNES H. TOWNSEND, PAST INTERNATIONAL DIRECTOR OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 93RD ANNUAL SOUTH CAROLINA LIONS MULTIPLE


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DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS FOR THEIR MANY YEARS OF COMMUNITY SERVICE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4062 (Word version) -- Reps. Burns, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND SALUTE THE MEMBERS OF THE UNITED STATES ARMED FORCES WHO SERVED DURING THE KOREAN WAR, TO EXPRESS THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION, AND TO DECLARE THURSDAY, JULY 27, 2017, AS "KOREAN WAR VETERANS DAY" IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4063 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister,


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Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Weeks, West, Wheeler, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SETH BEER OF THE CLEMSON UNIVERSITY BASEBALL TEAM ON BEING NAMED WINNER OF THE 2016 DICK HOWSER TROPHY AND FOR HIS OUTSTANDING CONTRIBUTIONS TO CLEMSON BASEBALL.

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

INTRODUCTION OF BILLS

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

H. 4064 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-320 SO AS TO CLARIFY THE MEANING OF THE TERM "CONTIGUOUS" WHEN A MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE BORDERS OF A SPECIAL PURPOSE DISTRICT ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO LOCATED WITHIN THE SAME SPECIAL PURPOSE DISTRICT AS THE ANNEXING MUNICIPALITY.
Referred to Committee on Judiciary

H. 4065 (Word version) -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3697 SO AS TO ALLOW FOR AN INCOME TAX CREDIT FOR THE


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INCREMENTAL COSTS OR CONVERSION COSTS OF THE AMOUNT EXPENDED TO PURCHASE OR CONVERT AN ALTERNATIVE FUEL HEAVY-DUTY VEHICLE, ALTERNATIVE FUEL VEHICLE, AND A BI-FUEL ALTERNATIVE FUEL VEHICLE, AND TO SPECIFY THE AMOUNT OF THE CREDITS AND THE REQUIREMENTS OF THE CREDIT.
Referred to Committee on Ways and Means

H. 4066 (Word version) -- Reps. Elliott, Burns, Bennett, Arrington and Putnam: A BILL TO AMEND SECTION 2-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO MAKE CHANGES CONFORMING TO THE ENACTMENT OF A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE A MEANS FOR EXTENDING THE SINE DIE ADJOURNMENT DATE IN EVEN-NUMBERED YEARS IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 2-7-60, RELATING TO THE GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT BEGINNING WITH THE 2019 SESSION, AND TO CLARIFY THESE PROVISIONS DO NOT PREVENT THE GENERAL ASSEMBLY FROM ENACTING SUPPLEMENTAL APPROPRIATIONS BILLS OR CAPITAL RESERVE FUND APPROPRIATIONS BILLS IN ODD-NUMBERED OR EVEN-NUMBERED YEARS.
Referred to Committee on Judiciary

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

ADJOURNMENT

At 1:57 p.m. the House, in accordance with the motion of Rep. CROSBY, adjourned in memory of Miner William "Billy" Crosby III, of North Charleston, to meet at 10:00 a.m. tomorrow.

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