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


Printed Page 3484 . . . . . Thursday, May 4, 2017

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Micah 7:18B: "He does not retain His anger forever, because He delights in showing clemency."

Let us pray. Open our ears, Creator, to hear the voice of Your delight in all You have made. Forgive us when we stray from Your presence and hurt other people. Make us know Your delight in giving us second chances. We give You thanks for these men and women who give of their time, talents, and selfless service. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this great cause. 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 and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

MOTION ADOPTED

Rep. WEEKS moved that when the House adjourns, it adjourn in memory of Maple Toney Rouse, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family and friends of former Representative Alma Byrd.

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson


Printed Page 3485 . . . . . Thursday, May 4, 2017

Atwater                Bales                  Ballentine
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                  Hardee                 Hart
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Long
Lowe                   Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                McEachern              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                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total Present--113


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LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. V. S. MOSS a temporary leave of absence due to a prior commitment.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert R. Morgan, Jr., of Greenville was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. ALLISON presented to the House the South Carolina District Teachers of the Year.

SPECIAL PRESENTATION

Rep. DANING presented to the House the Northwood Academy Girls Varsity Basketball Team, coaches and other school officials.


Printed Page 3487 . . . . . Thursday, May 4, 2017

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

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

CO-SPONSORS ADDED

Bill Number:   H. 3699 (Word version)
Date:   ADD:
05/04/17   WHIPPER and BROWN

CO-SPONSORS ADDED

Bill Number:   H. 3701 (Word version)
Date:   ADD:
05/04/17   WHIPPER and BROWN

CO-SPONSORS ADDED

Bill Number:   H. 3830 (Word version)
Date:   ADD:
05/04/17   W. NEWTON, ERICKSON, HERBKERSMAN, FINLAY and BERNSTEIN

CO-SPONSORS ADDED

Bill Number:   H. 4154 (Word version)
Date:   ADD:
05/04/17   MCCRAVY, B. NEWTON, POPE, BEDINGFIELD, PUTNAM, BERNSTEIN, PITTS, MARTIN, FUNDERBURK, LONG, TOOLE, FRY, DILLARD, KIRBY, HOSEY, CLYBURN and GILLIARD


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LEAVE OF ABSENCE

The SPEAKER granted Rep. D. C. MOSS a leave of absence for the remainder of the day.

CONFIRMATION OF APPOINTMENT

The following was received:

The Committee on House Ethics
Columbia, S.C., May 4, 2017

Statewide Appointment

The Committee respectfully reports that they have duly and carefully considered the same and recommends that the same do pass.

Commission Members, State Ethics Commission

Senate's Appointments:

3-Year Term Commencing: April 1, 2017
Term Expiring: March 31, 2020
Seat: Majority Political Party
James Fredrick "Rick" Reames III

5-Year Term Commencing: April 1, 2017
Term Expiring: March 31, 2022
Seat: Minority Political Party
Donald Gist

Sincerely,
Michael H. Pitts
Chairman of the House Ethics Committee

Rep. PITTS submitted a favorable report on the Ethics Commission appointments.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Bales


Printed Page 3489 . . . . . Thursday, May 4, 2017

Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Chumley                Clemmons
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crawford
Davis                  Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Fry                    Funderburk             Gagnon
Gilliard               Hardee                 Hart
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Ridgeway               Robinson-Simpson       Rutherford
Ryhal                  G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Yow

Total--95

Those who voted in the negative are:

Total--0

The appointment was confirmed and a message was ordered sent to the Senate accordingly.


Printed Page 3490 . . . . . Thursday, May 4, 2017

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on the Senate's appointees to the State Ethics Commission. If I had been present, I would have voted in favor of the Senate's appointees.

Rep. Joe Daning

S. 353--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 353 (Word version) -- Senator Massey: A BILL TO AMEND ACT 516 OF 1976, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, TO CHANGE THE COMMENCEMENT OF EACH COMMISSIONER'S OFFICE TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER 31 OF EACH EVEN-NUMBERED YEAR; AND TO AMEND ACT 1006 OF 1958, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, TO CHANGE THE COMMENCEMENT OF EACH COMMISSIONER'S TERM TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER 31 OF EACH EVEN-NUMBERED YEAR, TO CHANGE THE ELECTION DATE FOR COMMISSIONERS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO CHANGE THE FILING PROCEDURE FOR COMMISSION CANDIDATES SO AS TO REQUIRE THEM TO FILE AN INTENTION OF CANDIDACY WITH THE AIKEN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AND TO SET A FILING DEADLINE.

Reps. HIXON, BLACKWELL, CLYBURN and TAYLOR proposed the following Amendment No. 1 to S. 353 (COUNCIL\ZW\353C001. BBM.ZW17), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/   SECTION   3.   Section 2 of Act 1006 of 1958 is amended to read:

"SECTION   2.   (A)   Beginning in 2018, elections for water commissioners of each of the three water and sewer districts herein


Printed Page 3491 . . . . . Thursday, May 4, 2017

before specified shall be held on the first Tuesday in May, beginning with the year 1958, after the first Monday in November, and such elections thereafter shall be held on the first Tuesday in May after the first Monday in November of each even numbered year thereafter.

(B)   The term of office for each commissioner serving as of February 1, 2017, whose term in office expires before the date for the next election, as provided in subsection (A) shall continue to serve until the date of the next election. The term of office for the commissioner elected to fill this seat at the next election shall be such to ensure the terms of all commissioners are staggered, as required by Section 59-627(1) of Section 1 of Act 516 of 1976."   /
Renumber sections to conform.
Amend title to conform.

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

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 92; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Chumley                Clary                  Clemmons
Clyburn                Cogswell               Cole
Collins                Crawford               Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Fry                    Funderburk
Gagnon                 Gilliard               Hardee
Hart                   Hayes                  Henderson
Henegan                Herbkersman            Hewitt
Hixon                  Hosey                  Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis


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

Total--92

Those who voted in the negative are:

Total--0

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

S. 353--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HIXON, with unanimous consent, it was ordered that S. 353 (Word version) be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 289 (Word version) -- Senators Shealy, Rankin, McElveen, Sheheen, Hutto and McLeod: A BILL TO ENACT THE "SOUTH CAROLINA CRIME VICTIM SERVICES ACT" TO RESTRUCTURE AND CONSOLIDATE VICTIM SERVICES; TO AMEND CHAPTER 7, TITLE 1 OF THE 1976 CODE, RELATING TO THE ATTORNEY GENERAL AND SOLICITORS, BY ADDING ARTICLE 8, TO CREATE THE OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, TO MOVE THE STATE OFFICE OF VICTIM ASSISTANCE, THE SOUTH CAROLINA CRIME VICTIM OMBUDSMAN, AND THAT


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PORTION OF THE OFFICE OF HIGHWAY SAFETY AND JUSTICE PROGRAMS UNDER THE DEPARTMENT OF PUBLIC SAFETY THAT ADMINISTERS CERTAIN VICTIM SERVICES GRANTS UNDER THE NEWLY CREATED DIVISION, AND TO CREATE FOUR DEPARTMENTS UNDER THE DIVISION TO OVERSEE AND ADMINISTER DIFFERENT ASPECTS OF THE VICTIM SERVICES DELIVERY SYSTEM; TO AMEND SECTION 1-11-10(A), RELATING TO OFFICES AND DIVISIONS UNDER THE DEPARTMENT OF ADMINISTRATION, TO DELETE THOSE VICTIM SERVICES OFFICES AND OTHER ENTITIES THAT ARE MOVED TO THE NEW DIVISION; TO AMEND SECTIONS 14-1-203, 14-1-204(A), 14-1-205, 14-1-206(C), 14-1-207(C), 14-1-208(C), AND 14-1-210(A), RELATING TO THE DISTRIBUTION OF CERTAIN FILING FEES, TO MAKE CONFORMING CHANGES REFLECTING THE RESTRUCTURING OF VICTIM SERVICES GENERALLY RELATING TO THAT PORTION OF THE FEES DISTRIBUTED TO THE VICTIM COMPENSATION FUND; TO AMEND SECTIONS 16-3-1110, 16-3-1120, 16-3-1140, 16-3-1150, 16-3-1160, 16-3-1170, 16-3-1180, 16-3-1220, 16-3-1230, 16-3-1240, 16-3-1260, 16-3-1290, 16-3-1330, 16-3-1340, AND 16-3-1350, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, TO MAKE CONFORMING CHANGES REFLECTING THE RESTRUCTURING OF VICTIM SERVICES GENERALLY RELATING TO THE VICTIM COMPENSATION FUND AND CERTAIN RESPONSIBILITIES OF THE NEWLY CREATED OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME SERVICES DIVISION, DEPARTMENT OF CRIME VICTIM COMPENSATION; TO AMEND ARTICLE 14, CHAPTER 3, TITLE 16, TO RENAME THE ARTICLE "CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS," TO MAKE CONFORMING CHANGES REFLECTING THE RESTRUCTURING OF VICTIM SERVICES ALL GENERALLY RELATING TO THE NEWLY CREATED OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, AND ITS RESPONSIBILITIES, TO MAKE CONFORMING CHANGES TO THE VICTIM SERVICES COORDINATING COUNCIL, AND TO PROVIDE THAT THE DIRECTOR OF THE SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION SHALL SERVE AS CHAIRPERSON; TO AMEND ARTICLE 16, CHAPTER


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3, TITLE 16, TO RENAME THE ARTICLE "CRIME VICTIM OMBUDSMAN," TO MAKE CONFORMING CHANGES REFLECTING THE RESTRUCTURING OF VICTIM SERVICES ALL GENERALLY RELATING TO THE NEWLY CREATED OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF CRIME VICTIM OMBUDSMAN AND ITS RESPONSIBILITIES, AND TO PROVIDE A PROCEDURE FOR COMPLAINTS REGARDING THE OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION AND ITS AFFILIATED DEPARTMENTS TO BE HANDLED THROUGH THE OMBUDSMAN WITH APPEAL TO THE STATE INSPECTOR GENERAL; TO AMEND CHAPTER 3, TITLE 16, BY ADDING ARTICLE 12, TO ENTITLE THE ARTICLE "CRIME VICTIM ASSISTANCE GRANTS," AND TO PROVIDE THAT THE OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF CRIME VICTIM ASSISTANCE GRANTS WILL BE RUN BY A DEPUTY DIRECTOR WHO SHALL ESTABLISH A PROCESS TO SOLICIT AND ADMINISTER CERTAIN VICTIM SERVICES GRANTS AND THE DISBURSEMENT OF FUNDS FROM THOSE GRANTS; TO AMEND SECTIONS 23-6-500, 23-6-510, AND 23-6-520, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, TO MAKE CONFORMING CHANGES TO INCLUDE THE OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF CRIME VICTIM ASSISTANCE GRANTS IN THE GRANT PROCESS UNDER CERTAIN CIRCUMSTANCES, AND TO REVISE THE COUNCIL'S MEMBERSHIP TO INCLUDE THE ATTORNEY GENERAL AND A VICTIM WITH A DOCUMENTED HISTORY OF VICTIMIZATION APPOINTED BY THE ATTORNEY GENERAL; TO AMEND SECTION 16-5-445(C), RELATING TO THE SEIZURE AND FORFEITURE OF EQUIPMENT USED IN VIOLATION OF A CRIME, AND SECTION 24-3-40(A)(2)(b), RELATING TO THE PRISON INDUSTRIES PROGRAM AND DISTRIBUTION OF PRISONER WAGES, TO MAKE CONFORMING CHANGES REFLECTING THE RESTRUCTURING OF VICTIM SERVICES GENERALLY RELATING TO THE VICTIM COMPENSATION FUND; TO AMEND SECTIONS 14-1-206(E), 14-1-207(E), AND 14-1-208(E), RELATING TO THE DISTRIBUTION OF CERTAIN FILING FEES, TO MAKE CONFORMING CHANGES


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REFLECTING THE RESTRUCTURING OF VICTIM SERVICES GENERALLY, AND TO PROVIDE FOR THE UNIFORM SUPPLEMENTAL SCHEDULE FORM TO BE DEVELOPED BY THE OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION; AND BY ADDING SECTIONS 14-1-211.5, 14-1-211.6, AND 14-1-211.7, TO CODIFY EXISTING BUDGET PROVISOS RELATING TO THE DISTRIBUTION OF CERTAIN CRIME VICTIM FUNDS, TO PROVIDE FOR THE AUTHORITY OF THE VICTIM COMPENSATION FUND TO TRANSFER ANY STATE FUNDS DEEMED AVAILABLE TO THE DEPARTMENT OF CRIME VICTIM ASSISTANCE GRANTS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR AUDITING AND REPORTING PROCEDURES FOR VICTIM SERVICES PROVIDERS, AND TO TRANSFER A CERTAIN SUM FROM THE DEPARTMENT OF CORRECTIONS TO THE SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION.

S. 173 (Word version) -- Senators Sheheen, Turner and Timmons: A BILL TO AMEND SECTION 23-23-10 OF THE 1976 CODE, RELATING TO THE PURPOSE OF THE LAW ENFORCEMENT TRAINING COUNCIL AND CRIMINAL JUSTICE ACADEMY, TO PROVIDE NEW DEFINITIONS; TO AMEND CHAPTER 23, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 23-23-55 TO PROVIDE THAT A CLASS 1-LE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN MENTAL HEALTH OR ADDICTIVE DISORDERS; TO AMEND SECTION 23-23-80 OF THE 1976 CODE, RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL AND CRIMINAL JUSTICE ACADEMY, TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL IS AUTHORIZED TO ESTABLISH AND MAINTAIN A CRISIS INTERVENTION TRAINING CENTER AND TO GOVERN AND SUPERVISE CRISIS INTERVENTION TEAM TRAINING; TO AMEND TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING CHAPTER 52 TO CREATE A CRISIS INTERVENTION TRAINING COUNCIL, TO PROVIDE FOR THE COUNCIL'S DUTIES, AND TO PROVIDE THAT EVERY COUNTY SHALL ESTABLISH AT LEAST ONE CRISIS INTERVENTION TEAM.


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S. 443 (Word version) -- Senators Campsen, Young, McElveen, Williams and Corbin: A BILL TO AMEND ARTICLE 4, CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO NIGHT HUNTING AND HARASSMENT OF WILDLIFE, TO RESTRUCTURE THE EXISTING PROVISIONS THAT REGULATE NIGHT HUNTING, BY ADDING SECTION 50-11-705, TO PROVIDE THAT NIGHT HUNTING ANY ANIMAL EXCEPT DEER, BEAR, TURKEY, OR ANY ANIMAL LISTED IN SECTIONS 50-11-710 OR 50-11-715 IS UNLAWFUL, TO PROVIDE APPROPRIATE PENALTIES, TO PROVIDE THAT NIGHT HUNTING DEER, BEAR, OR TURKEY ON PROPERTY NOT REGISTERED WITH THE DEPARTMENT FOR NIGHT HUNTING FERAL HOGS, COYOTES, OR ARMADILLOS IS UNLAWFUL AND TO PROVIDE APPROPRIATE PENALTIES, TO PROVIDE THAT HUNTING DEER, BEAR, OR TURKEY ON PROPERTY REGISTERED WITH THE DEPARTMENT IS UNLAWFUL AND TO PROVIDE APPROPRIATE PENALTIES, AND TO PROVIDE THAT THE DISPLAY OR USE OF ARTIFICIAL LIGHT AT NIGHT ON PROPERTY NOT REGISTERED WITH THE DEPARTMENT FOR NIGHT HUNTING FERAL HOGS, COYOTES, OR ARMADILLOS, IN A MANNER CAPABLE OF DISCLOSING THE PRESENCE OF DEER, BEAR, OR TURKEY, TOGETHER WITH THE POSSESSION OF OR ACCESS TO A CENTERFIRE RIFLE AND AMMUNITION LARGER THAN CERTAIN WEAPONS, SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF NIGHT HUNTING DEER, BEAR, OR TURKEY; TO AMEND ARTICLE 4, CHAPTER 11, TITLE 50, BY ADDING SECTION 50-11-715, TO PROVIDE THAT IT IS UNLAWFUL TO NIGHT HUNT FOR HOGS, COYOTES, OR ARMADILLOS, AND TO PROVIDE APPROPRIATE PENALTIES; TO AMEND ARTICLE 4, CHAPTER 11, TITLE 50, BY ADDING SECTION 50-11-717, TO PROVIDE THAT THE USE OF ARTIFICIAL LIGHTS FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IS UNLAWFUL, EXCEPT THAT A PROPERTY OWNER MAY USE ARTIFICIAL LIGHTS TO OBSERVE WILDLIFE PRIOR TO 11:00 P.M., AND TO PROVIDE OTHER APPROPRIATE USES OF ARTIFICIAL LIGHT; TO AMEND SECTION 50-11-710, TO PROVIDE THAT IT IS UNLAWFUL TO NIGHT HUNT FOR RACCOONS, OPOSSUMS, FOXES, MINKS, OR SKUNKS UNLESS OTHERWISE PROVIDED IN THIS SECTION AND TO PROVIDE APPROPRIATE PENALTIES; TO AMEND SECTIONS 50-11-740, 50-11-745(A),


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AND 50-9-1120(2)(b), TO ADD TURKEY TO THE LISTS THAT INCLUDE DEER OR BEAR; TO REPEAL SECTIONS 50-11-708 AND 50-11-720, AND TO DEFINE NECESSARY TERMS.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 570 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 46-33-90 OF THE 1976 CODE, RELATING TO REGISTRATION REQUIREMENTS FOR THE SHIPMENT AND SALE OF TREES, PLANTS, AND SHRUBS, TO PROVIDE A NURSERY REGISTRATION FEE SCHEDULE AND A NURSERY DEALER REGISTRATION FEE SCHEDULE AND TO DEFINE NECESSARY TERMS; TO AMEND SECTION 46-9-90(A), RELATING TO PENALTIES FOR VIOLATING THE CHAPTER ON THE STATE CROP PEST COMMISSION, TO PROVIDE THAT A PERSON VIOLATING THE CHAPTER OR CHAPTERS ASSIGNED TO THE COMMISSION IS GUILTY OF A MISDEMEANOR; TO AMEND SECTION 46-10-100(A), RELATING TO BOLL WEEVIL ERADICATION, TO PROVIDE THAT A PERSON WHO VIOLATES SECTION 46-10-60 OR WHO ALTERS, FORGES, COUNTERFEITS, OR USES WITHOUT AUTHORITY A CERTIFICATE, PERMIT, OR OTHER DOCUMENT PROVIDED FOR IN THE CHAPTER IS GUILTY OF A MISDEMEANOR; TO AMEND SECTION 46-13-180(1), RELATING TO PENALTIES FOR VIOLATING THE PESTICIDE CONTROL ACT, TO PROVIDE THAT ANY PERSON WHO WILLFULLY VIOLATES THE PROVISIONS OF THE CHAPTER ON THE PESTICIDE CONTROL ACT IS GUILTY OF A MISDEMEANOR; TO AMEND SECTION 46-15-100, RELATING TO AGRICULTURAL MARKETING GENERALLY, TO PROVIDE THAT ANY PERSON WHO VIOLATES PROVISIONS WITHIN THE BOUNDS OF ANY MARKET ESTABLISHED UNDER CHAPTER 15, TITLE 46 OR ARTICLE 1, CHAPTER 19, TITLE 46 IS GUILTY OF A MISDEMEANOR; TO AMEND SECTION 46-23-80, RELATING TO NOXIOUS WEEDS, TO PROVIDE THAT ANY PERSON WHO VIOLATES CHAPTER 23, TITLE 46 IS GUILTY OF A MISDEMEANOR; AND TO AMEND SECTION 46-49-70, RELATING TO THE SUPERVISION AND REGULATION OF MILK


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AND MILK PRODUCTS, TO PROVIDE THAT ANY PERSON VIOLATING CHAPTER 49, TITLE 46 IS GUILTY OF A MISDEMEANOR.

S. 465--ORDERED ENROLLED FOR RATIFICATION

The following Bill was taken up:

S. 465 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS PERTAINING TO SALTWATERS, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "SHELLFISH MARICULTURE" AND "SHELLFISH SEED"; TO AMEND SECTION 50-5-360, RELATING TO WHOLESALE SEAFOOD DEALERS, PEELER CRAB, AND MOLLUSCAN SHELLFISH LICENSES, SO AS TO PROVIDE THAT A PERSON REQUIRED TO OBTAIN A WHOLESALE SEAFOOD DEALER LICENSE WHO RECEIVES MOLLUSCAN SHELLFISH MUST PROVIDE THE DEPARTMENT OF NATURAL RESOURCES CERTIFICATION OF COMPLETION OF CERTAIN SHELLFISH TRAINING; TO AMEND SECTION 50-5-945, RELATING TO A SHELLFISH CULTURE PERMITTEE ACQUIRING A PERMIT TO TAKE SHELLFISH FOR REPLANTING FROM STATE BOTTOMS DESIGNATED FOR THAT PURPOSE, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS TO SHELLFISH MARICULTURE PERMITTEES TO HARVEST WILD SHELLFISH SEED FOR USE IN MARICULTURE; TO AMEND SECTION 50-5-965, RELATING TO THE TAKING OF SHELLFISH FROM BOTTOMS OR WATERS DESIGNATED FOR COMMERCIAL HARVEST, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PLACE CERTAIN CONDITIONS UPON HARVEST PERMITS FOR THESE AREAS, PROVIDE THAT THE DEPARTMENT MAY SUSPEND OR REVOKE THE PERMITS UNDER CERTAIN CIRCUMSTANCES, AND TO PLACE ADDITIONAL REQUIREMENTS UPON A PERSON SEEKING TO OBTAIN AN INDIVIDUAL HARVESTER PERMIT; TO AMEND SECTION 50-5-995, RELATING TO THE ISSUANCE OF SHELLFISH MARICULTURE OPERATION PERMITS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR THE ISSUANCE OF OUT-OF-SEASON HARVEST PERMITS TO SHELLFISH MARICULTURE PERMITTEES; TO AMEND SECTION 50-5-1005, RELATING TO


Printed Page 3499 . . . . . Thursday, May 4, 2017

THE ISSUANCE OF SHELLFISH IMPORTATION PERMITS, SO AS TO PROHIBIT THE PLACING OF GENETICALLY MODIFIED SHELLFISH IN THE WATERS IN THIS STATE EXCEPT UNDER THE PROVISIONS OF A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE ISSUANCE OF PERMITS TO PERSONS WHO POSSESS, PRODUCE, BARTER, TRADE, OR SELL GENETICALLY MODIFIED SHELLFISH, AND TO PROVIDE FOR THE ISSUANCE OF PERMITS WITH CONDITIONS RELATING TO TESTING, TREATMENT OF EFFLUENT, AND BIOSECURITY; AND TO AMEND SECTION 50-5-2500, RELATING TO THE ASSIGNMENT OF POINT VALUES BY THE DEPARTMENT OF NATURAL RESOURCES UPON PERSONS WHO VIOLATE PROVISIONS RELATED TO THE MARINE RESOURCES ACT, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO VIOLATIONS RELATED TO HARVESTING AND HANDLING OF SHELLFISH.

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

Yeas 95; Nays 2

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atwater                Bales
Ballentine             Bannister              Bedingfield
Bennett                Blackwell              Bowers
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hayes
Henderson              Henegan                Herbkersman
Hewitt                 Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King


Printed Page 3500 . . . . . Thursday, May 4, 2017

Kirby                  Loftis                 Long
Lowe                   Lucas                  Mack
Martin                 McEachern              V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Rutherford
Ryhal                  Simrill                G. M. Smith
G. R. Smith            Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--95

Those who voted in the negative are:

Hill                   Magnuson

Total--2

The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 4204 (Word version) -- Reps. Parks, Pitts and McCravy: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO ADD THE ANGEL OAKS CROSSING AND GRAHAM'S GLEN PRECINCTS, TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE, AND TO CORRECT OUTDATED REFERENCES TO THE REVENUE AND FISCAL AFFAIRS OFFICE.


Printed Page 3501 . . . . . Thursday, May 4, 2017

H. 4205 (Word version) -- Reps. Kirby and Atkinson: A BILL TO AMEND SECTION 7-7-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN MARION COUNTY, SO AS TO DESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE AND TO CORRECT OUTDATED REFERENCES TO THE REVENUE AND FISCAL AFFAIRS OFFICE.

S. 234--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 234 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 44-61-160(A) OF THE 1976 CODE, RELATING TO THE CONFIDENTIALITY OF THE DATA COLLECTED OR PREPARED BY EMERGENCY MEDICAL SERVICES, TO PROVIDE THAT THE IDENTITIES OF PATIENTS AND EMERGENCY MEDICAL TECHNICIANS MENTIONED, REFERENCED, OR OTHERWISE APPEARING IN INFORMATION AND DATA COLLECTED OR PREPARED BY EMERGENCY MEDICAL SERVICES ARE SUBJECT TO SUBPOENA IN ANY ADMINISTRATIVE, CIVIL, OR CRIMINAL PROCEEDING.

Rep. HERBKERSMAN proposed the following Amendment No. 1 to S. 234 (COUNCIL\CM\234C001.GT.CM17), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION ___.   A.   Whereas, the Department of Health and Human Services issues personal emergency response system (PERS) devices to select Medicaid recipients pursuant to a Medicaid Home and Community-based waiver; and
Whereas, the current PERS device the department issues provides recipients with twenty-four hour monitoring and live phone contact for emergencies; and
Whereas, although PERS emergency response services are intended to respond to true emergency situations, it is not uncommon for a recipient to be transported by ambulance to a hospital emergency room for a nonemergency condition when an emergency response is the only available PERS option; and
Whereas, at many times in our communities there are outbreaks of dangerous and highly contagious diseases and conditions and sending a


Printed Page 3502 . . . . . Thursday, May 4, 2017

Medicaid recipient to the emergency room for a nonemergency condition can potentially expose the recipient, who likely is a high health risk, to potentially life threatening conditions and diseases. Having the ability to assess nonemergency situations by having access to a nurse triage service is an invaluable health consideration for Medicaid recipients as well as for the State; and
Whereas, it has been demonstrated that if a person is able to speak with a health care professional who can medically assess the person's situation and provide assistance, the person is less likely to utilize emergency room care and more likely to be able to manage a nonemergency situation in the home; and
Whereas, some PERS devices provide twenty-four hour live phone access to experienced nursing personnel, comparable in cost to emergency response PERS devices, which allow a person to consult with a nurse about the person's medical concern, possible solutions, and available options, including in-home management of the situation, if appropriate, likely producing a more efficient and effective result.
Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-55.   (A)(1)   The Department of Health and Human Services shall issue, pursuant to its Medicaid Home and Community-based waiver, Personal Emergency Response Systems (PERS) devices to Medicaid recipients that include, in addition to emergency response services, unlimited twenty-four hour, seven-day a week live phone contact with experienced registered nurses for triage services.

(2)   A PERS nurse triage call center must be accredited and must be separate from the PERS emergency response call center.

(B)   A PERS device, as provided for in subsection (A), must have a wireless radio transmitter and a console that is cellular and does not require a traditional land line.

(C)   A PERS device that includes nurse triage services also must:

(1)   comply with the requirements of Federal Communications Commission rules, 47 C.F.R. Part 68; and

(2)   be Underwriters Laboratory or Equipment Testing Laboratories-approved as a health care signaling product."

B.     The Department of Health and Human Services shall apply for any waiver necessary under the department's Medicaid Home and Community-based waiver to implement the provisions of this act.

C.     This act applies to Personal Emergency Response System (PERS) devices initially issued by the Department of Health and Human Services to Medicaid recipients, pursuant to the department's Medicaid


Printed Page 3503 . . . . . Thursday, May 4, 2017

Home and Community-based waiver, on or after the waiver's effective date and to Medicaid recipients for whom it is necessary to replace their previously issued PERS devices on or after the waiver's effective date. /
Renumber sections to conform.
Amend title to conform.

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

Rep. MURPHY explained the Bill.

Rep. HERBKERSMAN spoke in favor of the Bill.

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:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brown
Burns                  Caskey                 Chumley
Clary                  Clyburn                Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Fry                    Funderburk             Gagnon
Gilliard               Govan                  Hardee
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lowe
Lucas                  Mack                   Magnuson
Martin                 McEachern              V. S. Moss


Printed Page 3504 . . . . . Thursday, May 4, 2017

Murphy                 B. Newton              W. Newton
Ott                    Parks                  Pitts
Pope                   Putnam                 Quinn
Ridgeway               M. Rivers              S. Rivers
Rutherford             Ryhal                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
White                  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.

S. 444--ORDERED TO THIRD READING

The following Bill was taken up:

S. 444 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-1-10(15) AND 56-1-10(18) OF THE 1976 CODE, RELATING TO DRIVER'S LICENSE DEFINITIONS, TO CHANGE "AUTOMOTIVE THREE-WHEEL VEHICLE" TO "AUTOCYCLE" AND PROVIDE THE DEFINITION AND TO UPDATE REFERENCES TO THE DEFINITION; TO AMEND SECTION 56-1-130(C), RELATING TO LICENSE EXAMINATIONS, TO CHANGE "AUTOMOTIVE THREE-WHEEL VEHICLE" TO "AUTOCYCLE"; TO AMEND SECTION 56-3-20(30) AND 56-3-20(31), RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING DEFINITIONS, TO CHANGE "AUTOMOTIVE THREE-WHEEL VEHICLE" TO "AUTOCYCLE"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF "AUTOMOTIVE THREE-WHEEL VEHICLE", TO CHANGE "AUTOMOTIVE THREE-WHEEL VEHICLE" TO "AUTOCYCLE"; TO AMEND SECTION 56-5-155, RELATING TO THE DEFINITION OF "MOTORCYCLE THREE-


Printed Page 3505 . . . . . Thursday, May 4, 2017

WHEEL VEHICLE", TO UPDATE REFERENCES; AND TO AMEND SECTIONS 56-19-10(44) AND 56-19-10(45), RELATING TO DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, TO CHANGE "AUTOMOTIVE THREE-WHEEL VEHICLE" TO "AUTOCYCLE" AND UPDATE REFERENCES.

Rep. DANING explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atkinson               Atwater
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brown
Burns                  Chumley                Clary
Clemmons               Clyburn                Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Douglas                Duckworth
Elliott                Erickson               Finlay
Forrest                Fry                    Funderburk
Gagnon                 Gilliard               Hardee
Hayes                  Henderson              Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lowe
Lucas                  Magnuson               Martin
McEachern              V. S. Moss             B. Newton
W. Newton              Norrell                Ott
Parks                  Pope                   Putnam
Quinn                  Ridgeway               S. Rivers
Robinson-Simpson       Rutherford             Ryhal
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer


Printed Page 3506 . . . . . Thursday, May 4, 2017

Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--95

Those who voted in the negative are:

Total--0

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

RECURRENCE TO THE MORNING HOUR

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

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 04, 2017
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time today for the purpose of ratifying Acts.

Very respectfully,
President

On motion of Rep. TAYLOR the invitation was accepted.

REPORT OF STANDING COMMITTEE

Rep. HARDEE, from the Committee on Horry Delegation, submitted a favorable report on:

H. 4268 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO REDESIGNATE VARIOUS PRECINCTS AND REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND


Printed Page 3507 . . . . . Thursday, May 4, 2017

AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4273 (Word version) -- Reps. Clyburn, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, 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 HOUSE RESOLUTION TO RECOGNIZE AND HONOR MACK "HENRY" HOLLAND FOR HIS DEDICATED SERVICE TO HIS NATION, HIS STATE, AND HIS COMMUNITY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4274 (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,


Printed Page 3508 . . . . . Thursday, May 4, 2017

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 MR. LEROY HAMILTON WITH DEEP ADMIRATION AND APPRECIATION FOR HIS YEARS OF OUTSTANDING SERVICE AS AN EDUCATOR IN GREENVILLE COUNTY SCHOOLS AND TO WISH HIM GOOD HEALTH, MUCH HAPPINESS, AND CONTINUED SUCCESS ON THE OCCASION OF HIS RETIREMENT FROM GREENVILLE COUNTY SCHOOLS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4275 (Word version) -- Reps. Parks, McCravy and Pitts: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MAMIE W. NICHOLSON, PROGRAM OFFICER WITH THE SELF FAMILY FOUNDATION IN GREENWOOD, AND TO EXPRESS SINCERE APPRECIATION FOR HER TWENTY YEARS OF DEDICATED SERVICE AS A MEMBER OF THE BOARD OF TRUSTEES OF LANDER COLLEGE.

The Resolution was adopted.

S. 463--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 463 (Word version) -- Senators Cromer and Gambrell: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38, SO AS TO INCLUDE CERTAIN FORMS OF DISABILITY INSURANCE IN THE DEFINITION FOR THE TERM "SURPLUS LINES INSURANCE".


Printed Page 3509 . . . . . Thursday, May 4, 2017

Rep. RYHAL proposed the following Amendment No. 1 to S. 463 (COUNCIL\CZ\463C001.NBD.CZ17), which was adopted:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/   SECTION   2.   Section 38-43-100 of the 1976 Code, as last amended by Act 194 of 2016, is further amended to read:

"Section 38-43-100.   (A)   Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines insurance are approved in South Carolina and which are exempt from examination. A bank, finance company, or other company handling credit transactions operating in this State and utilizing one or more credit life or accident and health or credit property producers in a particular geographical area who are licensed without having taken the written examination is required to have readily available at least one credit life or accident and health or credit property producer to answer customers' questions concerning credit life, credit accident and health insurance, or credit property, or any combination of these.

(B)   A resident individual applying for an insurance producer license shall pass an examination. The examination must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and regulations of this State. The examination required by this section must be developed and conducted under regulations prescribed by the director or his designee.

(C)   The director or his designee may make arrangements, including contracting with an outside testing service, for administering licensing examinations.

(D)   Each individual applying for a licensing examination shall remit a nonrefundable examination fee as required by the licensing exam administrator.

(E)   An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an


Printed Page 3510 . . . . . Thursday, May 4, 2017

examination and remit all required fees and forms before being rescheduled for another examination.

(F)   A person applying for a resident insurance producer license or a person applying on behalf of the applicant shall make application to the director or his designee on the Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief. Before approving the application, the director or his designee shall find that the applicant:

(1)   is at least eighteen years of age;

(2)   is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years that is a ground for denial, suspension, or revocation as provided for in Section 38-43-130;

(3)   has paid the fees provided for in Section 38-43-80; and

(4)   has successfully passed the examination or examinations for the line or lines of insurance for which the person has applied.

(5)   Effective January 1, 2017, Before a license is issued to an applicant or is renewed permitting him to act as a resident producer, the applicant shall comply with the licensing and renewal requirements set for in this section and by regulation. In addition to those licensing requirements, the applicant shall:

(a)   furnish a complete set of his fingerprints to the director or his designee; and

(b)   undergo a state criminal records check, supported by his fingerprints, by the South Carolina Law Enforcement Division (SLED) and a national criminal records check, supported by his fingerprints, by the Federal Bureau of Investigation (FBI). The results of these criminal records checks must be reported to the department. SLED and the FBI are authorized to retain the fingerprints for use in identification purposes including, but not limited to, unsolved latent prints. SLED and the FBI are further authorized to provide the department with current and future information regarding fingerprints stored including arrest, convictions, dispositions, warrants, and other information available to the FBI including civil and criminal information. The department shall keep all information pursuant to this section privileged, in accordance with applicable state and federal guidelines. The cost associated with the criminal history records checks must be borne by the applicant. The applicant's fingerprints must be certified by a law enforcement officer authorized by SLED.; and:


Printed Page 3511 . . . . . Thursday, May 4, 2017

(c)   provide a complete set of fingerprints and the required fees and information in accordance with this subsection. Failure to provide the complete set of fingerprints with the required fees constitutes grounds for denial of an application for licensure; however, the director may waive the fingerprinting requirements of this subsection if it is impossible for the applicant to provide fingerprints due to a medically certified physical injury.

(G)(1)   An applicant for renewal of a current resident insurance producer license is exempt from the requirement set forth in subsection (F)(5) if the applicant complies with the requirements of this section and
(a)   has previously provided and has on file with the appropriate agency of the State an accessible, current, complete and legible set of fingerprints submitted as part of an earlier application for a license or for renewal of a license which was granted or approved; and
(b)   all licenses issued to the applicant by the department are in good standing on the date of the subsequent application.

(2)   A resident producer who has allowed the license to lapse for failure to comply with the continuing education requirements set forth in Section 38-43-106 is not required to submit new fingerprint records if the applicant:

(a)   has applied to reinstate the same license within six months from the compliance deadline;

(b)   has met the continuing insurance education requirements; and

(c)   has paid a penalty fee set forth by the director or his designee in full.

(3)   The director may require a complete set of fingerprints and payment of all applicable fingerprint processing fees from an applicant for licensure or renewal if the previously submitted set of fingerprints is not usable for obtaining a criminal history record check for any reason.

(G)(H)   The individual's producer license must contain the licensee's name, address, personal identification number, the date of issuance, the line or lines of authority, and other information the director or his designee considers necessary.

(H)(I)   An agency acting as an insurance producer is required to obtain an insurance producer license. Application must be made using the Uniform Business Entity Application. Before approving the application, the director or his designee shall find that:

(1)   the agency has paid the fees as prescribed by Section 38-43-80; and


Printed Page 3512 . . . . . Thursday, May 4, 2017

(2)   the agency has designated a licensed producer or other person responsible for the business entity's compliance with the insurance laws, rules, and regulations of this State.

(I)(J)   The director or his designee may require any documents reasonably necessary to verify the information contained in an application.

(J)(K)   The agency's license must contain the licensee's name, address, personal identification number, the date of issuance, and other information the director or his designee considers necessary.

(K)(L)   Each insurer that sells, solicits, or negotiates any form of credit insurance shall provide to each individual whose duties include selling, soliciting, or negotiating credit insurance, a program of instruction that has been filed with the director or his designee." /
Renumber sections to conform.
Amend title to conform.

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

Rep. RYHAL explained the Bill.

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                Anderson               Anthony
Arrington              Atwater                Ballentine
Bannister              Bedingfield            Bennett
Bernstein              Blackwell              Bowers
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hayes


Printed Page 3513 . . . . . Thursday, May 4, 2017

Henderson              Henegan                Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Putnam                 Quinn                  Ridgeway
S. Rivers              Rutherford             Ryhal
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whipper
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.

S. 463--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RYHAL, with unanimous consent, it was ordered that S. 463 (Word version) be read the third time tomorrow.

LEAVE OF ABSENCE

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


Printed Page 3514 . . . . . Thursday, May 4, 2017

S. 254--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 254 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "OWN RISK AND SOLVENCY ASSESSMENT ACT" BY ADDING ARTICLE 8 TO CHAPTER 13, TITLE 38 SO AS TO EXPRESS THE PURPOSE OF THIS ACT, TO DEFINE NECESSARY TERMS, TO REQUIRE AN INSURER TO MAINTAIN A RISK MANAGEMENT FRAMEWORK FOR CERTAIN PURPOSES, TO REQUIRE AN INSURER OR INSURANCE GROUP OF WHICH AN INSURER IS A MEMBER TO CONDUCT AN OWN RISK AND SOLVENCY ASSESSMENT (ORSA) ON NO LESS THAN AN ANNUAL BASIS, TO REQUIRE AN INSURER OR INSURANCE GROUP TO SUBMIT AN ORSA REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND TO DESCRIBE WHAT THE REPORT MUST CONTAIN, TO PROVIDE EXEMPTIONS FROM THE REPORTING PROVISIONS IN CERTAIN CIRCUMSTANCES AND TO ALLOW AN INSURER TO APPLY FOR A WAIVER UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH THAT THE ORSA REPORT BE PREPARED IN A MANNER CONSISTENT WITH THE ORSA GUIDANCE MANUAL, TO PROVIDE THAT ALL DOCUMENTS, MATERIALS, AND INFORMATION CREATED UNDER THE OWN RISK AND SOLVENCY ASSESSMENT ACT ARE CONFIDENTIAL, TO PROHIBIT THE DIRECTOR OR ANYONE WHO RECEIVES ORSA-RELATED INFORMATION FROM TESTIFYING IN A PRIVATE CIVIL ACTION CONCERNING THE CONFIDENTIAL INFORMATION, TO PERMIT THE DIRECTOR TO TAKE CERTAIN ACTIONS CONCERNING HIS REGULATORY DUTIES, TO PROVIDE A PENALTY FOR AN INSURER WHO FAILS TO FILE THE ORSA SUMMARY REPORT, AND TO SET AN EFFECTIVE DATE FOR THE PROVISIONS OF THIS ACT; AND TO AMEND SECTION 38-21-10, AS AMENDED, RELATING TO DEFINED TERMS FOR THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO DEFINE THE TERM "SUPERVISORY COLLEGE".

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 254 (COUNCIL\CZ\254C002.NBD. CZ17), which was adopted:


Printed Page 3515 . . . . . Thursday, May 4, 2017

Amend the bill, as and if amended, by striking Section 38-13-810(D), as contained in SECTION 1 on page 2, and inserting:
/   (D)   Nothing in this section prohibits an order from a court of competent jurisdiction requiring an insurance company that is subject to this article to produce an ORSA Summary Report.   /
Renumber sections to conform.
Amend title to conform.

Rep. RYHAL 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 96; Nays 1

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Brown
Burns                  Caskey                 Chumley
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Delleney               Dillard                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hardee                 Hayes
Henderson              Herbkersman            Hewitt
Hiott                  Hosey                  Howard
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope


Printed Page 3516 . . . . . Thursday, May 4, 2017

Putnam                 Quinn                  Ridgeway
S. Rivers              Robinson-Simpson       Rutherford
Ryhal                  G. R. Smith            J. E. Smith
Sottile                Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  Weeks                  West
Wheeler                Whipper                Whitmire
Williams               Willis                 Yow

Total--96

Those who voted in the negative are:

G. M. Smith

Total--1

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

S. 254--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RYHAL, with unanimous consent, it was ordered that S. 254 (Word version) be read the third time tomorrow.

S. 315--ORDERED TO THIRD READING

The following Bill was taken up:

S. 315 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 38-75-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HURRICANE, EARTHQUAKE, AND FIRE ADVISORY COMMITTEE, SO AS TO AUTHORIZE THE ADVISORY COMMITTEE TO ADDRESS THE MITIGATION OF PROPERTY LOSSES DUE TO FLOOD; TO AMEND SECTION 38-75-480, RELATING TO THE LOSS MITIGATION GRANT PROGRAM, SO AS TO ESTABLISH THAT GRANTS MAY BE MADE TO LOCAL GOVERNMENTS TO MITIGATE LOSSES AND PROVIDE TECHNICAL ASSISTANCE FOR THE DEVELOPMENT OF PROACTIVE HAZARD MITIGATION STRATEGIES AND TO ALLOW THE DEPARTMENT OF INSURANCE TO ACCEPT GRANTS IN AID FOR THE MITIGATION OF LOSSES FOR ELIGIBLE PROPERTIES; AND TO AMEND SECTION 38-75-485, RELATING TO THE SOUTH CAROLINA HURRICANE DAMAGE


Printed Page 3517 . . . . . Thursday, May 4, 2017

MITIGATION PROGRAM, SO AS TO ESTABLISH CERTAIN CRITERIA THAT A RESIDENTIAL PROPERTY MUST MEET IN ORDER TO BE ELIGIBLE FOR A NONMATCHING GRANT, TO PROHIBIT THE PROGRAM FROM ISSUING A GRANT FOR A RESIDENTIAL PROPERTY FROM EXCEEDING FIVE THOUSAND DOLLARS, TO ALLOW FOR MATCHING GRANT FUNDS TO BE MADE AVAILABLE TO LOCAL GOVERNMENTS AND NONPROFIT ENTITIES UNDER CERTAIN CIRCUMSTANCES, AND TO ESTABLISH A FORMULA FOR DETERMINING NONMATCHING GRANT AWARDS BASED ON AN APPLICANT'S HOUSEHOLD INCOME.

Rep. RYHAL explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 5

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Ballentine             Bannister              Bernstein
Blackwell              Bowers                 Bradley
Brown                  Burns                  Caskey
Chumley                Clary                  Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Duckworth              Elliott
Erickson               Finlay                 Forrest
Fry                    Funderburk             Gagnon
Gilliard               Govan                  Hayes
Henderson              Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis
Long                   Lowe                   Lucas
Mack                   Magnuson               Martin
McCoy                  McEachern              V. S. Moss
Norrell                Ott                    Parks
Pope                   Putnam                 Ridgeway


Printed Page 3518 . . . . . Thursday, May 4, 2017

S. Rivers              Robinson-Simpson       Rutherford
Ryhal                  G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Wheeler                Whitmire
Williams               Willis

Total--89

Those who voted in the negative are:

Bennett                Felder                 McCravy
B. Newton              Yow

Total--5

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

RECORD FOR VOTING

I was temporarily out of the Chamber on Legislative Oversight Committee business and missed the vote on S. 315. If I had been present, I would have voted in favor of the Bill.

Rep. Wm. Weston J. Newton

S. 315--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RYHAL, with unanimous consent, it was ordered that S. 315 (Word version) be read the third time tomorrow.

S. 9--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 9 (Word version) -- Senators Hutto and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-380 SO AS TO PROVIDE THAT THE OPTIONAL INTOXICANTS AND NARCOTICS EXCLUSION PROVISION CONTAINED IN CERTAIN INSURANCE POLICIES THAT REQUIRE THE REPLICATION OF EXACT LANGUAGE AS PROVIDED IN SECTION 38-71-370 DOES NOT APPLY TO A MEDICAL EXPENSE POLICY, AND TO DEFINE MEDICAL EXPENSE POLICY.


Printed Page 3519 . . . . . Thursday, May 4, 2017

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 9 (COUNCIL\CZ\9C001.NBD. CZ17), which was adopted:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/   SECTION   .   Chapter 55, Title 38 of the 1976 Code is amended by adding:

"Article 7
Electronic Documents

Section 38-55-710.   As used in this article:

(1)   'Delivered by electronic means' includes:

(a)   delivery to an electronic mail address at which a party has consented to receive notices or documents; or

(b)   placement on an electronic network or site accessible by means of the Internet, mobile application, computer, mobile device, tablet, or another electronic device, together with separate written notice of the placement which must be provided by electronic mail to the address at which the party has consented to receive notice or by another delivery method that has been consented to by the party.

(2)   'Party' means a recipient of a notice or document required as part of an insurance transaction including, but not limited to, an applicant, an insured, a policyholder, or an annuity contract holder.

Section 38-55-720.   (A)   Subject to the provisions of subsection (C), notice to a party of another document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of Chapter 6, Title 26, the South Carolina Uniform Electronic Transactions Act.

(B)   Delivery of a notice or document pursuant to this section must be considered equivalent to the following delivery methods:

(1)   first class mail; and

(2)   first class mail, postage prepaid.

(C)(1)   A notice or document may be delivered by electronic means by an insurer to a party if:

(a)   the party has affirmatively consented to that method of delivery and has not withdrawn the consent;

(b)   the party, before giving consent, is provided with a clear and conspicuous statement informing the party of:

(i)   the right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form at no additional cost;


Printed Page 3520 . . . . . Thursday, May 4, 2017

(ii)   the right of the party at any time to withdraw consent to have a notice or document delivered by electronic means;

(iii)   the specific notice or document or categories of notices or documents that may be delivered by electronic means during the course of the relationship between the insurer and the party;

(iv)   the means, after consent is given, by which a party may obtain a paper copy of a notice or document delivered by electronic means at no additional cost; and

(v)   the procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically; and

(c)   the transmission or delivery method used for the electronic notice includes conspicuous language concerning its subject or purpose;

(d)   the party:

(i)   before giving consent, is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(ii)   consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means as to which the party has given consent; and

(e)   after consent of the party is given, if a change occurs in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means that creates a material risk that the party will not be able to access or retain a subsequent notice or document to which the consent applies, the insurer shall:

(i)     provide the party with a statement of the revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

(ii)   comply with the requirements of subsection (A).

(2)   No insurer may cancel, refuse to issue, or refuse to renew a policy because the applicant or insured refuses to agree to receive mailings electronically pursuant to this subsection.

(D)   This section does not affect requirements related to content or timing of any notice or document required under applicable law.

(E)   If a provision of this title or applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or


Printed Page 3521 . . . . . Thursday, May 4, 2017

document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt.

(F)   The legal effectiveness, validity, or enforceability of the underlying contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party pursuant to subsection (C)(1)(d)(ii).

(G)   A withdrawal of consent by a party:

(1)   does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective; and

(2)   is effective four business days after receipt of the withdrawal by the insurer.

(H)   Failure by an insurer to comply with subsection (C)(1)(e) may be treated, at the election of the party, as a withdrawal of consent for purposes of this section.

(I)   This section does not apply to a notice or document delivered by an insurer in an electronic form before the effective date of this act to a party who, before that date, had consented to receive notice or document in an electronic form otherwise allowed by law.

(J)   If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before the effective date of this act, and pursuant to this section, an insurer intends to deliver additional notices or documents to such party in an electronic form, then prior to delivering such additional notices or documents electronically, the insurer shall notify the party of:

(1)   the notices or documents that may be delivered by electronic means under this section that were not previously delivered electronically; and

(2)   the party's right to withdraw at any time consent to have notices or documents delivered by electronic means.

(K)   If a provision of this title or applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice or document.

(L)   This section may not be construed to modify, limit, or supersede the provisions of the federal Electronic Signatures in Global and National Commerce Act, Public Law 106-229, as amended. It is intended to provide an insurer additional options for the delivery of electronic notices and documents. An insurer choosing to use procedures


Printed Page 3522 . . . . . Thursday, May 4, 2017

outlined in ESIGN, UETA, or other applicable law or regulation governing such notice or documents must be considered to be in compliance with this section.

(M)   An insurer delivering a notice or document by electronic means shall take appropriate and necessary measures reasonably calculated to ensure that the system for furnishing the notices of documents is secure and protects the confidentiality of information as defined by applicable law. An insurer who is in compliance with the Health Insurance Portability and Accountability Act, 45 C.F.R. 164.512(b) or the Gramm Leach Bliley Act, 16 C.F.R. 314.1, must be considered to be in compliance with this section.

(N)   The director or his designee may promulgate by bulletin, regulation or order the requirements necessary to implement the provisions of this section." /
Renumber sections to conform.
Amend title to conform.

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

Rep. RYHAL explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 94; Nays 2

Those who voted in the affirmative are:

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


Printed Page 3523 . . . . . Thursday, May 4, 2017

Govan                  Hayes                  Henderson
Herbkersman            Hewitt                 Hiott
Hixon                  Hosey                  Huggins
Jefferson              Johnson                Jordan
Kirby                  Loftis                 Lowe
Lucas                  Mack                   Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Putnam                 Quinn                  Ridgeway
M. Rivers              S. Rivers              Robinson-Simpson
Rutherford             Ryhal                  Simrill
G. M. Smith            G. R. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Wheeler
Whitmire               Williams               Willis
Yow

Total--94

Those who voted in the negative are:

Hill                   Magnuson

Total--2

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

S. 9--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RYHAL, with unanimous consent, it was ordered that S. 9 (Word version) be read the third time tomorrow.

S. 279--REQUEST FOR DEBATE AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 279 (Word version) -- Senator Alexander: A BILL TO ENACT THE "APPRAISAL MANAGEMENT COMPANY REGISTRATION ACT" BY ADDING ARTICLE 3 TO CHAPTER 60, TITLE 40 OF THE 1976 CODE,


Printed Page 3524 . . . . . Thursday, May 4, 2017

RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, TO PROVIDE CERTAIN DEFINITIONS, TO REQUIRE REGISTRATION FOR AN ENTITY ACTING AS AN APPRAISAL MANAGEMENT COMPANY, TO SPECIFY REGISTRATION AND RENEWAL REQUIREMENTS, TO PROVIDE EXEMPTIONS FROM REGISTRATION, TO PROVIDE FOR THE CONDUCT OF APPRAISAL MANAGEMENT COMPANIES, AND TO PROVIDE REMEDIES FOR VIOLATIONS; TO AMEND SECTION 40-60-10(B), RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD, TO PROVIDE FOR EIGHT MEMBERS TO INCLUDE ONE MEMBER REPRESENTING AN APPRAISAL MANAGEMENT COMPANY; AND TO REDESIGNATE CHAPTER 60, TITLE 40 AS "REAL ESTATE APPRAISERS AND APPRAISAL MANAGEMENT COMPANIES".

Rep. MACK explained the Bill.

Rep. HILL requested debate on the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 1

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crosby                 Daning                 Davis
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Hayes                  Henderson              Hewitt
Hiott                  Hixon                  Hosey


Printed Page 3525 . . . . . Thursday, May 4, 2017

Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Lowe                   Lucas
Mack                   Martin                 McCoy
McCravy                McEachern              V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Quinn                  Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Ryhal
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Weeks
Wheeler                White                  Whitmire
Williams               Willis                 Yow

Total--93

Those who voted in the negative are:

Hill

Total--1

So, the Bill 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 S. 279 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. Jay West


Printed Page 3526 . . . . . Thursday, May 4, 2017

OBJECTION TO MOTION

Rep. MACK asked unanimous consent that S. 279 (Word version) be read a third time tomorrow.
Rep. HILL objected.

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

OBJECTION TO MOTION

Rep. MURPHY asked unanimous consent that S. 234 (Word version) be read a third time tomorrow.
Rep. HILL objected.

S. 637--RECALLED FROM SPARTANBURG DELEGATION

On motion of Rep. ALLISON, with unanimous consent, the following Bill was ordered recalled from the Spartanburg Delegation:

S. 637 (Word version) -- Senators Talley, Martin, Peeler, Reese and Corbin: A BILL TO AMEND SECTION 7-7-490 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, TO ADD ANDERSON MILL BAPTIST, D. R. HILL MIDDLE SCHOOL, HOPE, LYMAN ELEMENTARY, AND TRINITY PRESBYTERIAN PRECINCTS; TO REMOVE THE FRIENDSHIP BAPTIST PRECINCT; AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

S. 562--RECALLED FROM SUMTER DELEGATION

On motion of Rep. WEEKS, with unanimous consent, the following Bill was ordered recalled from the Sumter Delegation:

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


Printed Page 3527 . . . . . Thursday, May 4, 2017

S. 488--RECALLED FROM COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. WILLIS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:

S. 488 (Word version) -- Senators Grooms, Johnson, Campbell, Climer, Campsen, Peeler, Reese and Shealy: A BILL TO AMEND SECTION 56-3-2320(A) OF THE 1976 CODE, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND DEMONSTRATION PLATES, TO PROVIDE THAT A DEALER LICENSE PLATE MAY BE USED BY A PERSON WHOSE VEHICLE IS BEING SERVICED OR REPAIRED BY THE DEALERSHIP, PROVIDED THE VEHICLE DISPLAYING THE LICENSE PLATE IS GIVEN TO THE PERSON BY THE DEALER AT NO CHARGE TO THE CONSUMER AND ONLY FOR THE DURATION OF THE SERVICE OR REPAIR, AND TO PROVIDE THAT A DEALER MAY BE ISSUED TWO PLATES FOR THE FIRST TWENTY VEHICLES SOLD DURING THE PRECEDING YEAR AND TWO ADDITIONAL PLATES FOR EACH FIFTEEN VEHICLES SOLD BEYOND THE INITIAL TWENTY DURING THE PRECEDING YEAR.

S. 61--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. SIMRILL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 61 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PARTICIPATION IN THE STATE HEALTH PLAN, SO AS TO ALLOW EMPLOYEES AND RETIREES, AND THEIR DEPENDENTS, OF ANY POLITICAL SUBDIVISION OF THE STATE TO PARTICIPATE IN THE STATE HEALTH PLAN.


Printed Page 3528 . . . . . Thursday, May 4, 2017

H. 3822--RECALLED FROM COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. BEDINGFIELD, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:

H. 3822 (Word version) -- Reps. Fry, Bedingfield, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Bennett, Crosby, Long, Putnam and Cogswell: A BILL TO AMEND SECTION 44-53-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCESS FOR MAKING CHANGES TO CONTROLLED SUBSTANCE SCHEDULES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE CODE COMMISSIONER OF ADDITIONS, DELETIONS, AND RESCHEDULING OF SUBSTANCES.

OBJECTION TO RECALL

Rep. BEDINGFIELD asked unanimous consent to recall H. 3819 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. YOW objected.

OBJECTION TO RECALL

Rep. MACK asked unanimous consent to recall S. 185 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. HILL objected.

H. 3247--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3247 (Word version) -- Reps. Crosby, Collins, Daning, Knight and Clemmons: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS AND TO ADD THE TERMS "MOPED", "DAYLIGHT HOURS", AND "VEHICLE" AND THEIR DEFINITIONS; TO AMEND SECTION 56-1-30, RELATING TO


Printed Page 3529 . . . . . Thursday, May 4, 2017

PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DELETE THE TERM "ARTICLE" AND REPLACE IT WITH THE TERM "CHAPTER"; TO AMEND SECTION 56-1-175, RELATING TO THE ISSUANCE OF A CONDITIONAL DRIVER'S LICENSE, SO AS TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS", AND TO PROVIDE THAT THE HOLDER OF A CONDITIONAL DRIVER'S LICENSE MAY OPERATE A MOPED DURING DAYLIGHT HOURS; TO AMEND SECTION 56-1-180, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION THAT ALLOWS A LICENSEE TO OPERATE A MOTOR SCOOTER OR LIGHT MOTOR-DRIVEN CYCLE, TO DELETE THE PROVISION THAT DEFINES THE TERM "DAYLIGHT HOURS", AND TO PROVIDE THAT THE HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A MOPED DURING DAYLIGHT HOURS; TO AMEND SECTION 56-1-185, RELATING TO THE REMOVAL OF THE RESTRICTIONS PLACED ON A CONDITIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A PERSON YOUNGER THAN SEVENTEEN YEARS OF AGE WHILE OPERATING A MOTOR VEHICLE UNDER A MOPED OPERATOR'S LICENSE WHO OBTAINS SIX POINTS AGAINST HIS DRIVING RECORD SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS, AND TO PROVIDE THAT A BEGINNER'S PERMIT, CONDITIONAL LICENSE, OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY NOT BE ISSUED TO A PERSON CONVICTED OF CERTAIN VIOLATIONS OF OPERATING A MOPED WHILE UNDER AGE OR WITHOUT A LICENSE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-1710, RELATING TO THE DEFINITION OF THE TERM MOPED, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-1-1720, RELATING TO THE OPERATION OF A MOPED, SO AS TO REVISE THE FORM OF LICENSURE A PERSON MUST POSSESS TO OPERATE A MOPED, AND TO DELETE THE PROVISION THAT PROHIBITS THE DEPARTMENT OF MOTOR VEHICLES FROM ISSUING A BEGINNER'S PERMIT OR A SPECIAL RESTRICTED LICENSE TO CERTAIN PERSONS CONVICTED OF A MOPED VIOLATION FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-


Printed Page 3530 . . . . . Thursday, May 4, 2017

1730, RELATING TO THE ELIGIBILITY TO OBTAIN, SUSPENSION OF, AND REVOCATION OF A MOPED OPERATOR'S LICENSE, SO AS TO PROVIDE A MAXIMUM SPEED FOR THE OPERATION OF A MOPED AND FINES AND PENALTIES FOR THE UNLAWFUL OPERATION OF A MOPED; TO AMEND SECTION 56-1-1740, RELATING TO THE ISSUANCE OF A MOPED OPERATOR'S LICENSE, SO AS TO REVISE THE FEE CHARGED FOR ADMINISTERING THE MOPED OPERATOR'S LICENSE EXAMINATION; TO AMEND SECTION 56-2-2740, RELATING TO MOTOR VEHICLE REGISTRATION AND PROPERTY TAXES, SO AS TO PROVIDE THAT VALIDATION DECALS MUST NOT BE ISSUED TO VEHICLES THAT DO NOT REQUIRE THE PAYMENT OF PROPERTY TAXES; BY ADDING ARTICLE 3 TO CHAPTER 2, TITLE 56 SO AS TO PROVIDE FOR THE REGISTRATION, TITLING, AND LICENSING OF MOPEDS, TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE, TO REGULATE THE OPERATION OF A MOPED, AND TO REGULATE THE SALE OF A MOPED; BY ADDING ARTICLE 4 TO CHAPTER 2, TITLE 56 SO AS TO PROVIDE A PENALTY FOR A VIOLATION OF CHAPTER 2, TITLE 56; TO AMEND SECTION 56-3-20, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-3-200, RELATING TO THE REGISTRATION OF A VEHICLE, SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE IS NOT REQUIRED TO REGISTER A MOPED; TO AMEND SECTION 56-3-250, RELATING TO THE REGISTRATION AND LICENSING OF A MOTOR VEHICLE ONCE ALL LOCAL PROPERTY TAXES ARE PAID, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO A MOPED, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-3-630, AS AMENDED, AND 56-3-760, BOTH RELATING TO VEHICLES, CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES AND THE REGISTRATION FEE FOR CERTAIN VEHICLES, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLE" AND REPLACE IT WITH THE TERM "MOPED", AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTIONS 56-5-120 AND 56-5-130, RELATING TO THE TERMS "VEHICLE" AND "MOTOR VEHICLE" AND THEIR DEFINITIONS, SO AS TO DELETE BOTH PROVISIONS; TO AMEND SECTION 56-5-140, RELATING TO


Printed Page 3531 . . . . . Thursday, May 4, 2017

THE TERM "MOTORCYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-150, RELATING TO THE TERM "MOTOR-DRIVEN CYCLE" AND ITS DEFINITION, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-155, RELATING TO THE TERM "MOTORCYCLE THREE-WHEEL VEHICLE" AND ITS DEFINITION, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-165, RELATING TO THE TERM "MOPED" AND ITS DEFINITION, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-361, RELATING TO THE TERM "PASSENGER CAR" AND ITS DEFINITION, SO AS TO DELETE THE TERM "MOTOR-DRIVEN CYCLES" AND ADD THE TERM "MOPEDS"; TO AMEND SECTION 56-5-410, RELATING TO THE TERM "OWNER" AND ITS DEFINITION, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-1550, RELATING TO THE OPERATION OF A MOTOR-DRIVEN CYCLE, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-5-1555, RELATING TO THE OPERATION OF A MOPED, SO AS TO RAISE THE MAXIMUM SPEED AT WHICH A MOPED MAY BE OPERATED; TO AMEND SECTION 56-5-4450, RELATING TO DISPLAY OF LIGHTS BY A VEHICLE DURING CERTAIN TIMES OF DAY, SO AS TO DELETE AN OBSOLETE PROVISION AND MAKE A TECHNICAL CHANGE; TO AMEND SECTION 56-9-20, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS CONTAINED IN THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELETE AND REVISE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-9-110, RELATING TO THE APPLICABILITY OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT TO CERTAIN ACCIDENTS OR JUDGMENTS, SO AS TO DELETE THIS PROVISION; TO AMEND SECTION 56-10-520, RELATING TO THE OFFENSE OF OPERATING AN UNINSURED MOTOR VEHICLE, SO AS TO MAKE A TECHNICAL CHANGE AND PROVIDE THAT THIS SECTION APPLIES TO AN OPERATOR OF AN UNINSURED MOPED WHO IS NOT THE REGISTERED OWNER OF THE MOPED, UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-10-535, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES REQUIRING A PERSON TO PROVIDE PROOF OF FINANCIAL RESPONSIBILITY AFTER A CONVICTION OF CERTAIN TRAFFIC OFFENSES, SO AS TO PROVIDE THAT THIS SECTION APPLIES TO A REGISTERED


Printed Page 3532 . . . . . Thursday, May 4, 2017

OWNER OF A MOPED; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE" TO EXCLUDE MOPEDS; TO AMEND SECTION 56-16-10, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS, AND WHOLESALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTORCYCLE" AND REVISE THE TYPE OF VEHICLES REGULATED BY THIS CHAPTER; TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO DELETE CERTAIN TERMS AND THEIR DEFINITIONS; TO AMEND SECTION 56-19-220, RELATING TO VEHICLES THAT ARE EXEMPTED FROM THE REQUIREMENT TO OBTAIN A CERTIFICATE OF TITLE, SO AS TO MAKE A TECHNICAL CHANGE AND TO ADD MOPEDS TO THE LIST OF EXEMPTED VEHICLES; TO AMEND SECTION 38-77-30, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING AUTOMOBILE INSURANCE, SO AS TO DELETE THE TERMS "MOTOR-DRIVEN CYCLES", "MOTOR SCOOTERS", AND "MOPEDS"; AND TO REPEAL ARTICLE 30, CHAPTER 5, TITLE 56 RELATING TO MOPED REGULATIONS.

Rep. DANING moved to adjourn debate upon the Senate Amendments until Tuesday, May 9, which was agreed to.

H. 3349--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3349 (Word version) -- Reps. Erickson and B. Newton: A BILL TO AMEND ARTICLE 15, CHAPTER 33, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NURSE LICENSURE COMPACT, SO AS TO REVISE THE PROVISIONS OF THE COMPACT TO REFLECT CHANGES MANDATED FOR MEMBERSHIP IN THE COMPACT.


Printed Page 3533 . . . . . Thursday, May 4, 2017

Rep. ERICKSON explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 1

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bowers                 Bradley                Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crosby                 Daning                 Davis
Delleney               Dillard                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hayes                  Henderson
Hewitt                 Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Lowe
Lucas                  Mack                   Martin
McCoy                  McCravy                V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Quinn                  M. Rivers              S. Rivers
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Weeks                  West                   Wheeler
White                  Williams               Willis
Yow

Total--88


Printed Page 3534 . . . . . Thursday, May 4, 2017

Those who voted in the negative are:

Hill

Total--1

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3587--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Joint Resolution were taken up for consideration:

H. 3587 (Word version) -- Reps. Henderson, Knight and Felder: A JOINT RESOLUTION TO CREATE THE "SEIZURE SAFETY IN SCHOOLS STUDY COMMITTEE" TO EXAMINE ISSUES RELATED TO EPILEPSY AND SEIZURE SAFETY AWARENESS IN PUBLIC SCHOOLS, TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE'S TERMINATION.

Rep. HENDERSON explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 89; Nays 1

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Ballentine
Bannister              Bedingfield            Blackwell
Bowers                 Bradley                Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Fry                    Funderburk             Gagnon
Gilliard               Govan                  Hayes
Henderson              Herbkersman            Hewitt


Printed Page 3535 . . . . . Thursday, May 4, 2017

Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Lucas                  Mack
Magnuson               Martin                 McCoy
McCravy                V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pitts
Pope                   Putnam                 Quinn
M. Rivers              S. Rivers              Ryhal
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Weeks
West                   Wheeler                Whipper
White                  Whitmire               Williams
Willis                 Yow

Total--89

Those who voted in the negative are:

Hill

Total--1

The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3879--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3879 (Word version) -- Reps. Davis, Yow, Thayer, Anderson and Gilliard: A BILL TO AMEND SECTION 42-9-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT OF BURIAL EXPENSES PAYABLE UNDER WORKERS' COMPENSATION LAWS FOR ACCIDENTAL DEATH, SO AS TO INCREASE THE MAXIMUM PAYABLE AMOUNT TO SEVENTY-FIVE HUNDRED DOLLARS.


Printed Page 3536 . . . . . Thursday, May 4, 2017

Rep. RYHAL explained the Senate Amendments.
Rep. G. M. SMITH spoke in favor the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 82; Nays 16

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brown                  Burns                  Caskey
Clary                  Clemmons               Clyburn
Cogswell               Cole                   Collins
Crawford               Daning                 Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Finlay
Forrest                Fry                    Funderburk
Gilliard               Govan                  Hart
Hayes                  Henderson              Herbkersman
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 Kirby                  Long
Mack                   McCoy                  McCravy
McEachern              V. S. Moss             Murphy
W. Newton              Norrell                Ott
Pope                   Quinn                  M. Rivers
S. Rivers              Rutherford             G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Taylor
Thayer                 Thigpen                Toole
Weeks                  Wheeler                Whipper
Whitmire               Williams               Willis
Yow

Total--82


Printed Page 3537 . . . . . Thursday, May 4, 2017

Those who voted in the negative are:

Bedingfield            Davis                  Felder
Gagnon                 Hewitt                 Hill
Lucas                  Magnuson               Martin
B. Newton              Pitts                  Putnam
Ryhal                  Simrill                Tallon
West

Total--16

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

LEAVE OF ABSENCE

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

H. 3531--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3531 (Word version) -- Reps. Crawford, Clemmons, Fry, Duckworth, Hixon, Hardee, V. S. Moss, Forrest and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 47 SO AS TO DEFINE CERTAIN TERMS, TO PROHIBIT CERTAIN PERSONS FROM OWNING, POSSESSING, IMPORTING, PURCHASING, OR SELLING A LARGE WILD CAT, NON-NATIVE BEAR, OR GREAT APE, TO AUTHORIZE CONFISCATION OF THESE ANIMALS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT LOCAL GOVERNMENTAL BODIES MAY ADOPT ORDINANCES THAT REGULATE THE POSSESSION OF THESE ANIMALS, TO REGULATE THE TREATMENT OF THESE ANIMALS, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 47-5-50, RELATING TO THE PROHIBITION OF THE SALE OF WILD CARNIVORES AS PETS AND THE SALE OF DOMESTICATED FERRETS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE PUBLIC DISPLAY, SHOWING, OR EXHIBITION OF


Printed Page 3538 . . . . . Thursday, May 4, 2017

CERTAIN WILD CARNIVORES, PRIMATES, OR OTHER ANIMALS.

Rep. HIOTT explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 6

Those who voted in the affirmative are:

Alexander              Anderson               Anthony
Atkinson               Atwater                Bales
Ballentine             Bannister              Bennett
Bernstein              Blackwell              Bowers
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hart                   Hayes
Henderson              Herbkersman            Hewitt
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lucas
Mack                   Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             B. Newton              W. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   M. Rivers
Rutherford             Ryhal                  Simrill
G. M. Smith            J. E. Smith            Sottile
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  Wheeler                Whipper


Printed Page 3539 . . . . . Thursday, May 4, 2017

Whitmire               Williams               Willis
Yow

Total--91

Those who voted in the negative are:

Hill                   Putnam                 Quinn
G. R. Smith            West                   White

Total--6

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3559--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3559 (Word version) -- Reps. Pitts, Ott, Putnam, Gagnon, Atkinson, Dillard, Martin, West, Hill, Bedingfield, Gilliard, Kirby, Davis, King, Whipper and Govan: 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


Printed Page 3540 . . . . . Thursday, May 4, 2017

MAKE IT APPEAR TO BE INDUSTRIAL HEMP, AND TO PROVIDE FOR LABORATORY TESTING OF INDUSTRIAL HEMP.

Rep. V. S. MOSS explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Ballentine
Bannister              Bedingfield            Bernstein
Blackwell              Bowers                 Bradley
Brown                  Burns                  Caskey
Chumley                Clary                  Clemmons
Clyburn                Cogswell               Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Funderburk             Gagnon                 Gilliard
Hayes                  Herbkersman            Hewitt
Hill                   Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Long
Lucas                  Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pitts
Pope                   Putnam                 Quinn
M. Rivers              Ryhal                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  Weeks                  West
Wheeler                Whipper                White


Printed Page 3541 . . . . . Thursday, May 4, 2017

Whitmire               Williams               Willis
Yow

Total--97

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3240--MOTION TO RECONSIDER TABLED

The motion of Rep. Pitts to reconsider the vote whereby the following Bill was given second reading was taken up:

H. 3240 (Word version) -- Reps. Clemmons, Lucas, Pope, Bannister, Rutherford, Delleney, White, Sandifer, Hiott, Allison, G. R. Smith, Bedingfield, W. Newton, Taylor, Yow, Murphy, Thayer, Finlay, D. C. Moss, Hayes, Crawford, Ryhal, Duckworth, Johnson, Fry, Hewitt, S. Rivers, Huggins, Chumley, Gagnon, Burns, Hill, Stringer, Loftis, Atwater, Clyburn, Elliott, Long, Magnuson, B. Newton, G. M. Smith, West, Whitmire, Hixon, Daning, Hamilton, Hardee, Crosby, Martin, V. S. Moss, Blackwell, Henderson, Herbkersman, Willis, Forrest and McCravy: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPONS PERMITS, SO AS TO ENACT THE "NATIONAL CONCEALED WEAPONS PERMIT RECIPROCITY ACT" BY REVISING THE CONDITIONS THAT ALLOW A HOLDER OF AN OUT-OF-STATE WEAPONS PERMIT TO CARRY A WEAPON IN THIS STATE.

Rep. PITTS moved to table the motion to reconsider, which was agreed to.

H. 3240--SENT TO THE SENATE

The following Bill was taken up:

H. 3240 (Word version) -- Reps. Clemmons, Lucas, Pope, Bannister, Rutherford, Delleney, White, Sandifer, Hiott, Allison, G. R. Smith, Bedingfield,


Printed Page 3542 . . . . . Thursday, May 4, 2017

W. Newton, Taylor, Yow, Murphy, Thayer, Finlay, D. C. Moss, Hayes, Crawford, Ryhal, Duckworth, Johnson, Fry, Hewitt, S. Rivers, Huggins, Chumley, Gagnon, Burns, Hill, Stringer, Loftis, Atwater, Clyburn, Elliott, Long, Magnuson, B. Newton, G. M. Smith, West, Whitmire, Hixon, Daning, Hamilton, Hardee, Crosby, Martin, V. S. Moss, Blackwell, Henderson, Herbkersman, Willis, Forrest and McCravy: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPONS PERMITS, SO AS TO ENACT THE "NATIONAL CONCEALED WEAPONS PERMIT RECIPROCITY ACT" BY REVISING THE CONDITIONS THAT ALLOW A HOLDER OF AN OUT-OF-STATE WEAPONS PERMIT TO CARRY A WEAPON IN THIS STATE.

The Bill was read the third time and ordered sent to the Senate.

RECORD FOR VOTING

I was granted a temporary leave of absence during the afternoon of May 3, 2017, and missed the vote on H. 3240. If I had been present, I would have voted in favor of second reading on the Bill. I voted in favor of third reading during the voice vote on May 4, 2017.

Rep. Bill Taylor

H. 3019--SENT TO THE SENATE

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.

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

Yeas 49; Nays 47

Those who voted in the affirmative are:

Alexander              Anthony                Atkinson
Bales                  Ballentine             Bannister
Bernstein              Bradley                Caskey


Printed Page 3543 . . . . . Thursday, May 4, 2017

Clary                  Clemmons               Clyburn
Collins                Douglas                Duckworth
Elliott                Finlay                 Forrest
Gilliard               Govan                  Hart
Hayes                  Herbkersman            Hewitt
Hosey                  Howard                 Huggins
Johnson                Jordan                 King
Kirby                  Lucas                  Mack
McCravy                McEachern              W. Newton
Norrell                Ott                    Parks
Quinn                  M. Rivers              Rutherford
G. M. Smith            J. E. Smith            Stavrinakis
Thigpen                Weeks                  Wheeler
Willis

Total--49

Those who voted in the negative are:

Allison                Arrington              Atwater
Bedingfield            Bennett                Bowers
Brown                  Burns                  Chumley
Cogswell               Cole                   Crosby
Daning                 Davis                  Delleney
Felder                 Forrester              Funderburk
Gagnon                 Hill                   Hiott
Hixon                  Jefferson              Loftis
Long                   Magnuson               Martin
McCoy                  V. S. Moss             Murphy
B. Newton              Pope                   Putnam
S. Rivers              Ryhal                  Simrill
G. R. Smith            Sottile                Tallon
Thayer                 Toole                  West
Whipper                White                  Whitmire
Williams               Yow

Total--47

The Bill was read the third time and ordered sent to the Senate.


Printed Page 3544 . . . . . Thursday, May 4, 2017

H. 4190--ADOPTED

The following House Resolution was taken up:

H. 4190 (Word version) -- Rep. Bernstein: A HOUSE RESOLUTION TO DECLARE THURSDAY, MAY 4, 2017, "SOUTH CAROLINA TEEN PREGNANCY PREVENTION DAY" IN SOUTH CAROLINA AND HONOR THE VALUABLE CONTRIBUTIONS OF THE SOUTH CAROLINA CAMPAIGN TO PREVENT TEEN PREGNANCY, THEIR PARTNERS WITHIN LOCAL COMMUNITIES AND ORGANIZATIONS, PARENTS, EDUCATORS, AND TRUSTED ADULTS.

The Resolution was adopted.

H. 4164--ADOPTED

The following House Resolution was taken up:

H. 4164 (Word version) -- Reps. Ott and Ridgeway: A HOUSE RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND TO URGE THEM TO PASS S. 829 TO REAUTHORIZE THE ASSISTANCE TO FIREFIGHTERS GRANT (AFG) AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT PROGRAM.

The Resolution was adopted.

H. 3401--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3401 (Word version) -- Rep. Clemmons: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS AND URGE THEM TO PROPOSE THE REGULATION FREEDOM AMENDMENT TO THE UNITED STATES CONSTITUTION.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4198--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4198 (Word version) -- Reps. Pope, Delleney, Felder, King, D. C. Moss, V. S. Moss, B. Newton and Simrill: A CONCURRENT RESOLUTION


Printed Page 3545 . . . . . Thursday, May 4, 2017

TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WEST SPRINGDALE ROAD IN YORK COUNTY FROM ITS INTERSECTION WITH FIRETOWER ROAD TO ITS INTERSECTION WITH LESSLIE HIGHWAY IN MEMORY OF ERIC LESSMEISTER AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "IN MEMORY OF ERIC LESSMEISTER, 'ONCE A BEARCAT, ALWAYS A BEARCAT'".

The Concurrent Resolution was adopted and sent to the Senate.

H. 4175--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4175 (Word version) -- Reps. Pope, D. C. Moss, Simrill, Felder, B. Newton, Delleney, V. S. Moss and King: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 5 IN YORK COUNTY FROM NORTHWESTERN HIGH SCHOOL TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 321 "VETERANS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.

The Concurrent Resolution was adopted and sent to the Senate.

S. 692--DEBATE ADJOURNED

The following Concurrent Resolution was taken up:

S. 692 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 11, 2017, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON TUESDAY, MAY 23, 2017, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, MAY 25, 2017, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE


Printed Page 3546 . . . . . Thursday, May 4, 2017

GENERAL ASSEMBLY ADJOURN NOT LATER 12:00 NOON TUESDAY, JANUARY 9, 2018, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Rep. STAVRINAKIS moved to adjourn debate on the Concurrent Resolution until Tuesday, May 9, which was agreed to.

MOTION PERIOD

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

H. 3565--DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, May 9, which was agreed to.

H. 3064--DEBATE ADJOURNED

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


Printed Page 3547 . . . . . Thursday, May 4, 2017

COMPLIANCE WITH WHICH PHARMACISTS, WITHOUT AN ORDER OF A PRACTITIONER, MAY PRESCRIBE AND DISPENSE HORMONAL CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVES; TO PROVIDE THE BOARD ALSO SHALL ADOPT CERTAIN RULES TO ESTABLISH STANDARD PROCEDURES FOR THESE PRESCRIPTIONS AND DISPENSATIONS; AND TO PROVIDE THAT LAWS GOVERNING INSURANCE COVERAGE OF CONTRACEPTIVE DRUGS, DEVICES, PRODUCTS, AND SERVICES MUST BE CONSTRUED TO APPLY TO HORMONAL CONTRACEPTIVE PATCHES AND SELF-ADMINISTERED ORAL HORMONAL CONTRACEPTIVES PRESCRIBED AND DISPENSED PURSUANT TO THIS ACT.

Rep. HART moved to adjourn debate on the Bill until Tuesday, May 9 which was agreed to.

H. 3722--DEBATE ADJOURNED

The following Bill was taken up:

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

Rep. WHITE moved to adjourn debate on the Bill until Tuesday, May 9, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ROBINSON-SIMPSON a leave of absence for the remainder of the day.


Printed Page 3548 . . . . . Thursday, May 4, 2017

S. 334--ORDERED TO THIRD READING

The following Bill was taken up:

S. 334 (Word version) -- Senators Senn and Kimpson: A BILL TO AMEND SECTIONS 61-4-515 AND 61-6-2016 OF THE 1976 CODE, RELATING TO PERMITS TO PURCHASE AND SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION AND A BIENNIAL LICENSE TO PURCHASE ALCOHOLIC LIQUORS BY THE DRINK AT A MOTORSPORTS ENTERTAINMENT COMPLEX OR TENNIS SPECIFIC COMPLEX, TO INCLUDE BASEBALL COMPLEX, AND TO PROVIDE A DEFINITION FOR "BASEBALL COMPLEX".
The Committee on Judiciary proposed the following Amendment No. 1 to S. 334 (COUNCIL\JH\334C001.DKA.JH17), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __.   A.   The General Assembly affirms its police power to regulate the business of retail liquor sales in the manner and to the extent allowed by law including, but not limited to, Article VIII-A, Section 1 of the South Carolina Constitution. This police power includes regulating the number and localities of retail dealer licenses that a person may be issued, a process that affects the health, safety, and morals of the state. Regulation of the number and localities of retail dealer licenses prevents monopolies and avoids problems associated with indiscriminate price cutting, excessive advertising of alcoholic products, and concentration of retail liquor stores in close proximity. Accordingly, in order to (1) protect the health, safety, and morals of this state; (2) prevent indiscriminate price cutting, excessive advertising of alcoholic products, and concentration of retail liquor stores in close proximity; (3) provide for the continuation of control and orderly processing by the state over the number and locations of retail liquor stores; and (4) ensure compliance with other laws governing the sales of alcoholic beverages, the General Assembly authorizes the planned and incremental growth of retail dealer licenses as provided in this SECTION of this act.
B.   Section 61-6-140 of the 1976 Code is amended to read:

"Section 61-6-140.   (A)   To provide for an orderly and incremental growth in retail dealer licenses, the issuance of retail dealer licenses must be governed pursuant to the following requirements:

(1)(a)   Until January 1, 2018, no more than three retail dealer licenses may be issued to one licensee, and the licensee must be eligible for a license for each store pursuant to Section 61-6-110.


Printed Page 3549 . . . . . Thursday, May 4, 2017

(b)   The limitation of no more than three retail dealer licenses to one licensee does not apply to a person having an interest in retail liquor stores as of July 1, 1978. Additional retail dealer licenses may be issued to that person as provided in this section.

(2)   Beginning January 2, 2018, no more than four retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.

(3)   Beginning January 2, 2019, no more than five retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.

(4)   Beginning January 2, 2021, no more than six retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.

(5)   Beginning January 2, 2023, no more than eight retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.

(6)   Beginning July 1, 2025, no more than nine retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.

(B)   No more than three Retail dealer licenses may be issued for the use of one corporation, association, partnership, or limited partnership, pursuant to the provisions of this section. A corporation having the use of a retail dealer license that is owned by another corporation is considered to be holding the retail dealer license for the use of the owning corporation.

(C)   The department may not grant or issue a new retail dealer license if the proposed place of business is within five hundred feet of an existing retail dealer licensee. For purposes of this section, the distance between the licensed premises of the existing business and the premises of the proposed business must be computed by a straight line measured between the two locations. This restriction does not apply to the renewal of a retail dealer license. Nothing in this subsection may be construed to abrogate or affect the provisions of any lawful ordinance, regulations or resolution, which are more restrictive than the provisions of this subsection."
C.   Section 61-6-150 of the 1976 Code is amended to read:

"Section 61-6-150.   No person, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the second degree, may have any interest whatsoever in a retail liquor store licensed under this section except the three stores


Printed Page 3550 . . . . . Thursday, May 4, 2017

covered by his the person's retail dealer's licenses, as provided for in Section 61-6-140. The prohibitions in this section do not apply to a person having an interest in retail liquor stores on July 1, 1978."
SECTION   __.   Section 61-6-1540 of the 1976 Code is amended to read:

"Section 61-6-1540.   (A)   Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:

(1)   drinking glassware and barware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;

(2)   nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and

(3)   nonalcoholic mixers and nonalcoholic cocktail condiments consumed in conjunction with alcoholic liquors;

(4)   beverage accessories and cooling accessories used in preparation of alcoholic liquors; and

(5)   lottery tickets under the provisions of Chapter 150 of Title 59.

(B)   Retail dealers licensed pursuant to the provisions of this article may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors by the drink. The provisions of this section do not amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes.

(C)   As used in this section:

(1)   'Nonalcoholic mixers' include, but are not limited to, powdered drink mixes, packaged drink mixes, tonics, club sodas, seltzer waters, and colas;

(2)   'Nonalcoholic cocktail condiments' include, but are not limited to, bitters, ginger beers, lemon juices, lime juices, grenadines, cream coconut, olives, olive juices, rimming salts and sugars, wild hibiscus flowers, and syrups;


Printed Page 3551 . . . . . Thursday, May 4, 2017

(3)   'Beverage accessories' include, but are not limited to, shakers, jiggers, muddlers, mixing pitchers, atomizers, bar knives, peelers, decanters, flasks, and martini picks;

(4)   'Cooling accessories' include, but are not limited to, ice molds, whiskey stones, ice picks, ice tongs, ice scoops, and ice buckets."
SECTION   __.   Section 61-4-960(A)(11), (12), and (13) of the 1976 Code, as last amended by Act 36 of 2013, is further amended to read:

"(11)   a sampling may not be offered for more than four hours; and

(12)   a retailer, pursuant to this section, may not offer more than one sampling per day; and

(13)   the tasting may not be held in conjunction with a tasting in a retail alcoholic liquor store, pursuant to Section 61-6-1035, that is adjacent to and licensed in the same name of the retail permit authorizing the sale of beer."
SECTION   __.   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, 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 effective.
SECTION   __.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to, or in conjunction with, other sections to the subject of premises licensed to sell alcoholic liquors to consumers. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act. /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.


Printed Page 3552 . . . . . Thursday, May 4, 2017

POINT OF ORDER

Rep. CLARY raised the Point of Order that under the Rule 9.3 Amendment No. 1 was not germane to S. 334. Rep. CLARY stated that the Bill related solely to allowing the sale of alcoholic beverages at baseball complexes that host minor league baseball games and that the substantial effect of Amendment No. 1 went much further and concerned the number of retail licenses to sell alcohol that dealers may possess.
Rep. DELLENEY spoke against the Point of Order.
The SPEAKER stated that it was a close decision. However, the Amendment's substantial effect went far beyond the scope of the Bill. The SPEAKER also stated that he must follow the precedents of the House. He sustained the Point of Order and ruled Amendment No. 1 to be not germane.

Rep. HAYES spoke against the Bill.

Rep. DELLENEY moved to adjourn debate on the Bill.

Rep. G. M. SMITH moved to table the motion.

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

Yeas 50; Nays 51

Those who voted in the affirmative are:

Alexander              Arrington              Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Davis                  Elliott
Felder                 Finlay                 Gilliard
Govan                  Hart                   Hayes
Henderson              Herbkersman            Hill
Hosey                  Huggins                Jefferson
King                   Martin                 B. Newton
Pitts                  Putnam                 Quinn
M. Rivers              Rutherford             G. M. Smith
J. E. Smith            Stavrinakis            Tallon


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Thigpen                Weeks                  West
Whipper                Williams

Total--50

Those who voted in the negative are:

Allison                Anthony                Bowers
Brown                  Burns                  Chumley
Clemmons               Crosby                 Daning
Delleney               Dillard                Duckworth
Erickson               Forrest                Forrester
Fry                    Funderburk             Gagnon
Hewitt                 Hiott                  Hixon
Howard                 Johnson                Jordan
Kirby                  Loftis                 Long
Lucas                  Magnuson               McCoy
McCravy                V. S. Moss             Murphy
W. Newton              Norrell                Ott
Parks                  Pope                   S. Rivers
Ryhal                  Simrill                G. R. Smith
Sottile                Taylor                 Thayer
Toole                  Wheeler                White
Whitmire               Willis                 Yow

Total--51

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate.

Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 49; Nays 52

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Bennett                Brown                  Burns
Chumley                Clemmons               Crosby
Delleney               Dillard                Duckworth
Erickson               Felder                 Forrest
Forrester              Fry                    Funderburk


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Gagnon                 Govan                  Hewitt
Hiott                  Hixon                  Howard
Johnson                Jordan                 Loftis
Long                   Lucas                  Magnuson
McCoy                  McCravy                V. S. Moss
Murphy                 W. Newton              Norrell
Ott                    Pope                   Ryhal
Simrill                G. R. Smith            Tallon
Taylor                 Toole                  Wheeler
White                  Whitmire               Willis
Yow

Total--49

Those who voted in the negative are:

Alexander              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bernstein              Blackwell
Bowers                 Bradley                Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crawford               Daning                 Davis
Douglas                Elliott                Finlay
Gilliard               Hart                   Hayes
Henderson              Herbkersman            Hill
Hosey                  Huggins                Jefferson
King                   Kirby                  Martin
B. Newton              Parks                  Putnam
Quinn                  M. Rivers              Rutherford
G. M. Smith            J. E. Smith            Sottile
Stavrinakis            Thayer                 Thigpen
Weeks                  West                   Whipper
Williams

Total--52

So, the House refused to adjourn debate.

Rep. DELLENEY proposed the following Amendment No. 12 to S. 334 (COUNCIL\CZ\334C049.NBD.CZ17), which was ruled out of order:


Printed Page 3555 . . . . . Thursday, May 4, 2017

Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/   SECTION   __.   The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to, or in conjunction with, other sections to the subject of premises licensed to sell alcoholic liquors to consumers. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act.   /
Renumber sections to conform.
Amend title to conform.

Rep. DELLENEY explained the amendment.

POINT OF ORDER

Rep. G. M. SMITH raised the Point of Order that under the Rule 9.3 Amendment No. 12 was not germane to S. 334. Rep. DELLENEY spoke against the Point of Order.
The SPEAKER stated that Amendment No. 12 attempted to add a clause to the Bill that defined the Bills' subject matter. He stated that the Amendment defined the subject matter in a manner that went beyond the substantial effect and impact of the Bill. He sustained the Point of Order and ruled the amendment to be not germane.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 55; Nays 46

Those who voted in the affirmative are:

Alexander              Arrington              Atkinson
Atwater                Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brown                  Caskey                 Clary
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Davis
Douglas                Elliott                Erickson
Finlay                 Fry                    Gagnon


Printed Page 3556 . . . . . Thursday, May 4, 2017

Gilliard               Hart                   Herbkersman
Hill                   Hosey                  Huggins
Jefferson              King                   Kirby
Martin                 McCoy                  McEachern
Murphy                 W. Newton              Quinn
M. Rivers              S. Rivers              Rutherford
Ryhal                  G. M. Smith            Sottile
Stavrinakis            Taylor                 Thigpen
Weeks                  West                   Whipper
Williams

Total--55

Those who voted in the negative are:

Allison                Anthony                Burns
Chumley                Clemmons               Crawford
Crosby                 Daning                 Delleney
Dillard                Duckworth              Felder
Forrest                Forrester              Funderburk
Govan                  Hayes                  Hewitt
Hiott                  Hixon                  Howard
Johnson                Jordan                 Loftis
Long                   Lucas                  Magnuson
McCravy                V. S. Moss             B. Newton
Norrell                Ott                    Parks
Pitts                  Pope                   Putnam
Simrill                G. R. Smith            Tallon
Thayer                 Toole                  Wheeler
White                  Whitmire               Willis
Yow

Total--46

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

RECURRENCE TO THE MORNING HOUR

Rep. COBB-HUNTER moved that the House recur to the morning hour, which was agreed to.


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S. 366--ORDERED TO THIRD READING

The following Bill was taken up:

S. 366 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 37-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE LENDING DEFINITIONS, SO AS TO MAKE CERTAIN CHANGES AND DEFINE THE TERM "LOAN CORRESPONDENT"; TO AMEND SECTION 37-22-140, RELATING TO MORTGAGE LENDING LICENSE APPLICATIONS, SO AS TO REMOVE THE STATE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK REQUIREMENT, TO REQUIRE THREE HOURS OF PRELICENSING EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS, TO ALLOW THE LICENSURE OF A PERSONAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO ALLOW FOR THE GRANT OF TRANSITIONAL LICENSES PURSUANT TO THE SAFE ACT; TO AMEND SECTION 37-22-150, RELATING TO EXPIRATION AND RENEWAL OF LICENSES, SO AS TO REMOVE REFERENCES TO A STATE FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK; TO AMEND SECTION 37-22-160, RELATING TO CONTINUING PROFESSIONAL EDUCATION, SO AS TO REQUIRE AT LEAST ONE HOUR OF ANNUAL CONTINUING PROFESSIONAL EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 37-22-190, RELATING TO PROHIBITED ACTIVITIES, SO AS TO REMOVE A REFERENCE TO THE SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; TO AMEND SECTION 37-22-210, RELATING TO THE COMMISSIONER'S RECORDS, SO AS TO UPDATE A REFERENCE; TO AMEND SECTION 37-22-240, RELATING TO CRIMINAL BACKGROUND CHECKS, SO AS TO REMOVE CERTAIN REQUIREMENTS AND TO AUTHORIZE THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY TO RETAIN FINGERPRINTS FOR CERTAIN PURPOSES; TO AMEND SECTION 37-22-270, RELATING TO PARTICIPATION IN THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY, SO AS TO DELETE REFERENCES TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 37-23-75, RELATING TO LOAN DISCLOSURES, SO AS TO REQUIRE A LOAN ESTIMATE TO BE MADE UNDER THE TILA-RESPA


Printed Page 3558 . . . . . Thursday, May 4, 2017

INTEGRATED DISCLOSURE RULE, TO AMEND SECTION 40-58-20, RELATING TO DEFINITIONS CONCERNING THE LICENSING OF MORTGAGE BROKERS ACT, SO AS TO MAKE CERTAIN CHANGES AND DEFINE THE TERM "LOAN CORRESPONDENT"; TO AMEND SECTION 40-58-50, AS AMENDED, RELATING TO MORTGAGE BROKER LICENSE APPLICATIONS, SO AS TO REMOVE THE STATE CRIMINAL BACKGROUND CHECK REQUIREMENT, TO AUTHORIZE THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY TO RETAIN FINGERPRINTS FOR CERTAIN PURPOSES, AND TO REQUIRE AT LEAST THREE HOURS OF PRELICENSING EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 40-58-60, RELATING TO THE ISSUING OF A MORTGAGE BROKERS LICENSE, SO AS TO AUTHORIZE THE GRANT OF TRANSITIONAL LICENSES; TO AMEND SECTION 40-58-65, RELATING TO THE MAINTENANCE OF RECORDS, SO AS TO REMOVE CERTAIN PHYSICAL PRESENCE REQUIREMENTS; TO AMEND SECTION 40-58-67, RELATING TO CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS, SO AS TO REQUIRE AT LEAST ONE HOUR OF ANNUAL CONTINUING PROFESSIONAL EDUCATION ON SOUTH CAROLINA LAWS AND REGULATIONS; TO AMEND SECTION 40-58-110, RELATING TO LICENSE APPLICATIONS AND RENEWAL FEES, SO AS TO ALLOW FOR THE DEPARTMENT TO LICENSE A PERSONAL RESIDENCE UNDER CERTAIN CIRCUMSTANCES, AND TO AMEND SECTION 48-58-130, RELATING TO PARTICIPATION IN THE NATIONWIDE MORTGAGE LICENSING SYSTEM REGISTRY, SO AS TO DELETE REFERENCES TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION.

Rep. BALLENTINE explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 3

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bennett                Bernstein


Printed Page 3559 . . . . . Thursday, May 4, 2017

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
Hart                   Hayes                  Henderson
Hewitt                 Hixon                  Hosey
Howard                 Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lucas
Martin                 McCoy                  McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Parks                  Pitts                  Pope
Putnam                 Quinn                  M. Rivers
S. Rivers              Ryhal                  Simrill
G. M. Smith            G. R. Smith            Sottile
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  West                   Wheeler
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--96

Those who voted in the negative are:

Hill                   Magnuson               McCravy

Total--3

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


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OBJECTION TO MOTION

Rep. BALLENTINE asked unanimous consent that S. 366 (Word version) be read a third time tomorrow.
Rep. HILL objected.

S. 321--DEBATE ADJOURNED

The following Bill was taken up:

S. 321 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 56 SO AS TO ESTABLISH PROCEDURES THAT REGULATE THE RELATIONSHIP BETWEEN RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF RECREATIONAL VEHICLES; TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERM "MOTOR VEHICLE" AND TO DELETE THE TERM "MOTOR HOME" AND ITS DEFINITION; TO REPEAL ARTICLE 5, CHAPTER 17, TITLE 31 RELATING TO THE SALE OF TRAVEL TRAILERS; AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY PROMULGATE REGULATIONS FOR ENFORCEMENT OF THE PROVISIONS OF CHAPTER 14, TITLE 56.

Rep. FORRESTER moved to adjourn debate on the Bill until Tuesday, May 9, which was agreed to.

S. 411--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 411 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-53-1410 OF THE 1976 CODE, RELATING TO THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION, TO INCREASE THE TOTAL NUMBER OF COMMISSION MEMBERS, AND TO INCREASE THE NUMBER OF MEMBERS APPOINTED FROM KERSHAW COUNTY.

Rep. G. M. SMITH proposed the following Amendment No. 1 to S. 411 (COUNCIL\WAB\411C002.AGM.WAB17), which was adopted:


Printed Page 3561 . . . . . Thursday, May 4, 2017

Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Section 59-53-1410 of the 1976 Code is amended to read:

"Section 59-53-1410.   There is created the Central Carolina Technical College Commission representing the counties of Clarendon, Kershaw, Lee, and Sumter. The commission is a body politic and corporate consisting of eleven twelve members. Each member must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of the member's respective county, and each member must be a qualified registered elector of the county represented. Six members must be appointed from Sumter County. Two Three members must be appointed from Kershaw County. Two members must be appointed from Clarendon County. One member must be appointed from Lee County. The terms of all members are for four years and until their successors are appointed and qualified. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. The commission shall organize by electing one of its members as chairman, one as vice chairman, and one as secretary. The terms of appointees expire July first of the appropriate year."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 77; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Arrington
Atkinson               Atwater                Bannister
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Clemmons               Clyburn
Cobb-Hunter            Cole                   Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Duckworth


Printed Page 3562 . . . . . Thursday, May 4, 2017

Elliott                Felder                 Finlay
Forrest                Forrester              Funderburk
Gagnon                 Gilliard               Hart
Henderson              Herbkersman            Hewitt
Hixon                  Hosey                  Howard
Jefferson              Jordan                 King
Kirby                  Loftis                 Long
Lucas                  Mack                   Magnuson
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 Norrell
Ott                    Pitts                  Pope
Putnam                 Quinn                  M. Rivers
S. Rivers              Rutherford             Ryhal
Simrill                J. E. Smith            Sottile
Stavrinakis            Tallon                 Thayer
Thigpen                Toole                  Weeks
Wheeler                Whipper                White
Willis                 Yow

Total--77

Those who voted in the negative are:

Total--0

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

S. 422--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 422 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.


Printed Page 3563 . . . . . Thursday, May 4, 2017

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Chumley                Clary
Clyburn                Cobb-Hunter            Collins
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Gagnon
Gilliard               Hart                   Hayes
Henderson              Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                Jordan
King                   Kirby                  Loftis
Long                   Lucas                  Magnuson
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Pitts                  Pope                   Putnam
Quinn                  S. Rivers              Rutherford
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--91


Printed Page 3564 . . . . . Thursday, May 4, 2017

Those who voted in the negative are:

M. Rivers

Total--1

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

S. 421--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 421 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO GENERAL REGULATIONS; AND ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4686, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, May 9, which was agreed to.

S. 601--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 601 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO CERTIFICATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4698, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Atwater


Printed Page 3565 . . . . . Thursday, May 4, 2017

Bales                  Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Clary                  Clemmons
Clyburn                Cobb-Hunter            Cole
Collins                Crawford               Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Gagnon                 Gilliard
Govan                  Hart                   Hayes
Herbkersman            Hewitt                 Hill
Hixon                  Hosey                  Howard
Huggins                Jefferson              Jordan
King                   Kirby                  Long
Lucas                  Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Pitts                  Pope                   Quinn
M. Rivers              S. Rivers              Ryhal
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  Weeks                  White
Whitmire               Williams               Willis
Yow

Total--88

Those who voted in the negative are:

Total--0

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


Printed Page 3566 . . . . . Thursday, May 4, 2017

S. 602--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 602 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 92; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bernstein              Blackwell
Bradley                Brown                  Burns
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Crawford               Crosby                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan
Hardee                 Hart                   Hayes
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lucas
Martin                 McCoy                  McCravy
McEachern              V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Pope                   Quinn
M. Rivers              S. Rivers              Rutherford
Ryhal                  Simrill                G. M. Smith


Printed Page 3567 . . . . . Thursday, May 4, 2017

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

Total--92

Those who voted in the negative are:

Total--0

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

S. 603--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 603 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4701, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anthony
Arrington              Atkinson               Atwater
Bales                  Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown
Burns                  Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Crosby


Printed Page 3568 . . . . . Thursday, May 4, 2017

Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Govan                  Hayes                  Henderson
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Loftis                 Long                   Lucas
Magnuson               Martin                 McCoy
McCravy                McEachern              V. S. Moss
Murphy                 B. Newton              Norrell
Ott                    Pitts                  Pope
Quinn                  M. Rivers              S. Rivers
Rutherford             Ryhal                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  West                   Wheeler
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--93

Those who voted in the negative are:

Total--0

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

S. 604--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 604 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE AND PROFESSIONAL PERSONNEL QUALIFICATIONS, DUTIES AND WORKLOADS, DESIGNATED AS REGULATION DOCUMENT


Printed Page 3569 . . . . . Thursday, May 4, 2017

NUMBER 4695, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Chumley                Clary                  Clyburn
Cobb-Hunter            Cole                   Collins
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan
Hayes                  Henderson              Hewitt
Hill                   Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Loftis                 Long
Lucas                  Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
Norrell                Ott                    Pitts
Pope                   Quinn                  M. Rivers
S. Rivers              Ryhal                  Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  West                   Wheeler
Whipper                White                  Whitmire
Williams               Willis                 Yow

Total--90


Printed Page 3570 . . . . . Thursday, May 4, 2017

Those who voted in the negative are:

Total--0

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

S. 520--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 520 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO CAREER OR TECHNOLOGY CENTERS/COMPREHENSIVE HIGH SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4697, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Bill until Tuesday, May 9, which was agreed to.

S. 521--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 521 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DEFINED PROGRAM, GRADES 9-12 AND GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, May 9, which was agreed to.

S. 526--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 526 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ADVANCED PLACEMENT,


Printed Page 3571 . . . . . Thursday, May 4, 2017

DESIGNATED AS REGULATION DOCUMENT NUMBER 4696, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, May 9, which was agreed to.

S. 316--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 316 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AT-RISK STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4656, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, May 9, which was agreed to.

S. 485--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 485 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA NATIONAL GUARD COLLEGE ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4730, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Ballentine             Bannister
Bedingfield            Bennett                Bernstein
Blackwell              Bradley                Brown


Printed Page 3572 . . . . . Thursday, May 4, 2017

Burns                  Chumley                Clary
Clyburn                Cobb-Hunter            Cole
Collins                Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Henderson              Hewitt                 Hill
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 Kirby                  Loftis
Long                   Lucas                  Magnuson
Martin                 McCoy                  McCravy
McEachern              V. S. Moss             Murphy
B. Newton              Norrell                Ott
Pitts                  Pope                   Quinn
M. Rivers              S. Rivers              Ryhal
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Stavrinakis            Tallon
Taylor                 Thayer                 Thigpen
Toole                  Weeks                  West
Wheeler                Whipper                White
Whitmire               Williams               Willis
Yow

Total--85

Those who voted in the negative are:

Total--0

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

LEAVE OF ABSENCE

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


Printed Page 3573 . . . . . Thursday, May 4, 2017

S. 486--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

S. 486 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO FREE TUITION FOR RESIDENTS SIXTY YEARS OF AGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4728, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 90; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Bales
Ballentine             Bannister              Bedingfield
Bennett                Bernstein              Blackwell
Bradley                Brown                  Burns
Caskey                 Chumley                Clary
Clemmons               Clyburn                Cobb-Hunter
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk
Gagnon                 Gilliard               Govan
Hayes                  Henderson              Hewitt
Hill                   Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 Kirby
Loftis                 Long                   Lucas
Magnuson               Martin                 McCoy
McCravy                McEachern              V. S. Moss
Murphy                 B. Newton              Norrell
Ott                    Pitts                  Pope
Quinn                  M. Rivers              S. Rivers
Rutherford             Ryhal                  Simrill


Printed Page 3574 . . . . . Thursday, May 4, 2017

G. M. Smith            G. R. Smith            J. E. Smith
Stavrinakis            Tallon                 Taylor
Thayer                 Thigpen                Toole
Weeks                  White                  Whitmire
Williams               Willis                 Yow

Total--90

Those who voted in the negative are:

Total--0

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

S. 371--DEBATE ADJOURNED

The following Joint Resolution was taken up:

S. 371 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO EXAMINATIONS; APPRENTICESHIP; AND CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4723, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD moved to adjourn debate on the Joint Resolution until Tuesday, May 9, which was agreed to.

S. 405--POINT OF ORDER

The following Joint Resolution was taken up:

S. 405 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE COMMISSION, RELATING TO REAL ESTATE COMMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4724, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 3575 . . . . . Thursday, May 4, 2017

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Joint Resolution 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.

S. 423--POINT OF ORDER

The following Joint Resolution was taken up:

S. 423 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO BOARD OF REGISTRATION FOR FORESTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Joint Resolution 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.

S. 543--POINT OF ORDER

The following Joint Resolution was taken up:

S. 543 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PROFESSIONAL EMPLOYER ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4624, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Joint Resolution was improperly before the House for consideration since its


Printed Page 3576 . . . . . Thursday, May 4, 2017

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.

S. 544--POINT OF ORDER

The following Joint Resolution was taken up:

S. 544 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MOTOR CLUB CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4708, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Joint Resolution 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.

S. 325--POINT OF ORDER

The following Bill was taken up:

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.

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Bill was improperly before the House for consideration since its number and title


Printed Page 3577 . . . . . Thursday, May 4, 2017

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.

S. 116--POINT OF ORDER

The following Bill was taken up:

S. 116 (Word version) -- Senators Rankin and Malloy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145, SO AS TO REQUIRE THAT A PERSON PERMITTED OR LICENSED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION SHALL MAINTAIN LIABILITY INSURANCE WITH COVERAGE OF AT LEAST ONE MILLION DOLLARS DURING THE PERIOD OF THE PERMIT OR LICENSE.

POINT OF ORDER

Rep. BEDINGFIELD 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.

S. 448--POINT OF ORDER

The following Bill was taken up:

S. 448 (Word version) -- Senators Young, Shealy, Johnson, Climer, Talley and McElveen: A BILL TO AMEND SECTION 63-7-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED USES OF UNFOUNDED CHILD ABUSE AND NEGLECT REPORTS, SO AS TO AUTHORIZE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; AND TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS, SO AS TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES.

POINT OF ORDER

Rep. BEDINGFIELD made the Point of Order that the Bill was improperly before the House for consideration since its number and title


Printed Page 3578 . . . . . Thursday, May 4, 2017

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. 3138--POINT OF ORDER

The following Bill was taken up:

H. 3138 (Word version) -- Reps. Stavrinakis and McCoy: A BILL TO AMEND SECTION 61-4-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR USE AT FAIRS AND SPECIAL FUNCTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE PERMITS TO SELL BEER AND WINE AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION FOR "FESTIVAL"; AND TO AMEND SECTION 61-6-2000, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE LICENSES TO SELL ALCOHOLIC LIQUOR BY THE DRINK AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION OF "FESTIVAL".

POINT OF ORDER

Rep. BEDINGFIELD 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.

S. 114--POINT OF ORDER

The following Bill was taken up:

S. 114 (Word version) -- Senators Bennett and Senn: A BILL TO AMEND CHAPTERS 4 AND 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-555 AND SECTION 61-6-2001, RELATING TO SPECIAL AND TEMPORARY PERMITS TO SELL ALCOHOLIC BEVERAGES AT CERTAIN EVENTS, SO AS TO ALLOW MANUFACTURERS OR PRODUCERS OF BEER, ALE, PORTER, WINE, OR ALCOHOLIC LIQUORS TO DONATE THEIR PRODUCTS AND FURNISH EQUIPMENT AND


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REPRESENTATIVES TO DISPENSE AND PROMOTE THEIR BEVERAGES TO QUALIFIED NONPROFIT ORGANIZATIONS THAT INTEND TO SELL THESE PRODUCTS AT PERMITTED EVENTS ORGANIZED TO RAISE FUNDS FOR THE NONPROFIT ORGANIZATION OR OTHER CHARITABLE PURPOSE.

POINT OF ORDER

Rep. BANNISTER 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.

S. 275--POINT OF ORDER

The following Bill was taken up:

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 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.

POINT OF ORDER

Rep. BANNISTER 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.

S. 179--POINT OF ORDER

The following Bill was taken up:

S. 179 (Word version) -- Senators Hutto and Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


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ARTICLE 19 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE LIMITED IMMUNITY FROM PROSECUTION FOR CERTAIN DRUG AND ALCOHOL-RELATED OFFENSES COMMITTED BY A PERSON WHO SEEKS MEDICAL ASSISTANCE FOR ANOTHER PERSON WHO IS EXPERIENCING A DRUG OR ALCOHOL-RELATED OVERDOSE OR BY A PERSON WHO IS EXPERIENCING A DRUG OR ALCOHOL-RELATED OVERDOSE AND SEEKS MEDICAL ASSISTANCE, TO ALLOW THE COURT TO CONSIDER AS A MITIGATING FACTOR IN PROCEEDINGS RELATED TO OTHER CRIMINAL OFFENSES WHETHER THE PERSON SOUGHT MEDICAL ASSISTANCE FOR A PERSON EXPERIENCING AN OVERDOSE, TO LIMIT THE IMMUNITY TO ALLOW PROSECUTION OF A PERSON FOR OTHER CRIMES ARISING OUT OF THE DRUG OR ALCOHOL-RELATED OVERDOSE, TO ALLOW FOR ADMISSIBILITY OF CERTAIN EVIDENCE, TO PROVIDE CIVIL AND CRIMINAL IMMUNITY FOR LAW ENFORCEMENT OFFICERS RELATING TO THE ARREST OF A PERSON LATER DETERMINED TO QUALIFY FOR LIMITED IMMUNITY, AND FOR OTHER PURPOSES.

POINT OF ORDER

Rep. BEDINGFIELD 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.

S. 271--POINT OF ORDER

The following Bill was taken up:

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


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THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.

POINT OF ORDER

Rep. BEDINGFIELD 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. 4247--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4247 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TERM AND CONDITIONS FOR THE PUBLIC'S USE OF STATE LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT OF NATURAL RESOURCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4727, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. BEDINGFIELD explained the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 0

Those who voted in the affirmative are:

Allison                Anthony                Arrington
Atkinson               Atwater                Ballentine
Bannister              Bedingfield            Bennett
Bernstein              Blackwell              Bradley
Brown                  Burns                  Chumley
Clary                  Clemmons               Clyburn
Cobb-Hunter            Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Douglas
Duckworth              Elliott                Erickson
Felder                 Finlay                 Forrest
Forrester              Fry                    Funderburk


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Gagnon                 Gilliard               Govan
Hayes                  Henderson              Hewitt
Hiott                  Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 Kirby                  Loftis
Lucas                  Magnuson               Martin
McCoy                  McCravy                McEachern
V. S. Moss             Murphy                 B. Newton
Norrell                Ott                    Pitts
Pope                   M. Rivers              S. Rivers
Ryhal                  Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Stavrinakis
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Weeks
West                   Whipper                White
Whitmire               Williams               Willis
Yow

Total--85

Those who voted in the negative are:

Total--0

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

H. 4247--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BEDINGFIELD, with unanimous consent, it was ordered that H. 4247 (Word version) be read the third time tomorrow.

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

S. 46--RECALLED FROM COMMITTEE ON
WAYS AND MEANS

On motion of Rep. WHITE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 46 (Word version) -- Senators Campsen, Bennett, Young and Alexander: A BILL TO AMEND SECTION 12-6-520, CODE OF LAWS OF SOUTH


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CAROLINA, 1976, RELATING TO INFLATION ADJUSTMENTS TO STATE INDIVIDUAL INCOME TAX BRACKETS, SO AS TO ENACT THE "TAXPAYER INFLATION PROTECTION ACT", TO DELETE THE PROVISION LIMITING THE INFLATION ADJUSTMENT TO ONE-HALF OF THE ACTUAL INFLATION RATE AND THE OVERALL FOUR PERCENT LIMIT ON THE TOTAL INFLATION ADJUSTMENT, AND TO DELETE REDUNDANT LANGUAGE.

RECURRENCE TO THE MORNING HOUR

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

REPORTS OF STANDING COMMITTEE

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 574 (Word version) -- Senators Scott, McLeod, Fanning, McElveen, Jackson and Setzler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ATTACH A SIGN CONTAINING THE WORDS "WELCOME TO THE CITY OF COLUMBIA" ONTO THE CONGRESSMAN JAMES E. CLYBURN PEDESTRIAN OVERPASS CROSSING THE SOUTHBOUND LANES OF SOUTH CAROLINA HIGHWAY 277 IN THE CITY OF COLUMBIA.
Ordered for consideration tomorrow.

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 655 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF THE 12TH STREET EXTENSION (SC-35) AND I-77 IN CAYCE "NOEL K. YOBS INTERSECTION" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.


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Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4245 (Word version) -- Reps. Felder, B. Newton, Simrill, King, Pope, Delleney and D. C. Moss: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES NAME A DEPARTMENT FACILITY IN HONOR OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT KYLE J. WHITE AND PLACE APPROPRIATE MARKERS OR SIGNS AT THAT FACILITY CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.

Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 4246 (Word version) -- Reps. Daning, Crosby, Jefferson, Davis and S. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE SIGNS ALONG UNITED STATES HIGHWAY 17 ALTERNATE AT SEPARATE LOCATIONS EAST AND WEST OF ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 IN BERKELEY COUNTY CONTAINING THE WORDS "NORTHWOOD ACADEMY LADY CHARGERS SCISA 3A 2017 STATE BASKETBALL CHAMPIONS".
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4276 (Word version) -- Reps. Williams, Jefferson, 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, 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,


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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, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF DR. JAMES ROBERT SCHUSTER OF TIMMONSVILLE AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4278 (Word version) -- Reps. Erickson, 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, 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 CELEBRATE THE SIXTY-SECOND ANNUAL BEAUFORT WATER FESTIVAL, TO BE HELD FRIDAY, JULY 14, 2017, THROUGH SUNDAY, JULY 23, 2017, TO ENCOURAGE ALL SOUTH CAROLINIANS TO ATTEND AND ENJOY THIS FAMILY-FRIENDLY EVENT, AND TO WISH ITS ORGANIZERS EVERY SUCCESS.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4279 (Word version) -- Reps. Forrester, 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, 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 HOUSE RESOLUTION TO CONGRATULATE AND HONOR DR. GABRIEL O'SULLIVAN OF MOORE, SOUTH CAROLINA, FOR HIS MANY ACCOMPLISHMENTS AND WISH HIM CONTINUED SUCCESS, HEALTH, AND HAPPINESS FOR MANY YEARS TO COME.
The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4280 (Word version) -- Reps. Erickson, 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, McKnight, Mitchell, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pitts, Pope,


Printed Page 3587 . . . . . Thursday, May 4, 2017

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 CONGRATULATE THE TECHNICAL COLLEGE OF THE LOWCOUNTRY VETERANS RESOURCE CENTER IN BEAUFORT COUNTY ON THE OCCASION OF ITS SECOND ANNIVERSARY AND TO THANK THE CENTER FOR THE OUTSTANDING SERVICE IT PROVIDES TO THE COLLEGE'S VETERANS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4281 (Word version) -- Reps. Erickson, 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, 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 THE PROCLAMATION OF THE RECONSTRUCTION ERA MONUMENT ENCOMPASSING THE HISTORIC SITES OF BRICK BAPTIST CHURCH, DARRAH HALL, THE PENN CENTER, CAMP SAXTON, AND THE OLD BEAUFORT FIREHOUSE IN BEAUFORT COUNTY.

The Resolution was adopted.


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HOUSE RESOLUTION

The following was introduced:

H. 4282 (Word version) -- Reps. Johnson, 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, 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 RECOGNIZE AND HONOR THE CONWAY HIGH SCHOOL GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2017 REGION 6 CLASS AAAAA CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4283 (Word version) -- Reps. Johnson, 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, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy,


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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 THE CONWAY HIGH SCHOOL VARSITY SOFTBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2017 CLASS AAAAA REGION 6 CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4284 (Word version) -- Reps. Douglas, Delleney and King: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WALNUT STREET IN THE CITY OF CHESTER FROM ITS INTERSECTION WITH SPRING STREET TO ITS INTERSECTION WITH GADSDEN STREET "THE REVEREND JOE H. NEAL WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4277 (Word version) -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 19 TO TITLE 55 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO AERIAL SPRAYING, INCLUDING THE PROHIBITION OF AERIAL SPRAYING WITHIN A DEFINED PROXIMITY OF A SCHOOL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


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H. 4285 (Word version) -- Reps. Bernstein, Collins, Rutherford, J. E. Smith, Quinn, Thigpen and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 10, TITLE 59 SO AS TO CREATE THE SOUTH CAROLINA OUT-OF-SCHOOL TIME VOLUNTARY RECOGNITION PROGRAM, TO CREATE A VOLUNTARY RECOGNITION PROGRAM FOR HEALTHY OUT-OF-SCHOOL TIME PROVIDERS TO IMPLEMENT EVIDENCE-BASED HEALTHY EATING AND PHYSICAL ACTIVITY AND BEST PRACTICE STANDARDS, TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION TO DEVELOP A PROCESS TO RECOGNIZE OUT-OF-SCHOOL TIME PROVIDERS AND TO PERFORM OTHER DUTIES, TO REQUIRE OUT-OF-SCHOOL TIME PROVIDERS TO SUBMIT A SELF-ASSESSMENT TO DEMONSTRATE COMPLIANCE WITH BEST PRACTICE STANDARDS, TO ESTABLISH THE HEALTHY OUT-OF-SCHOOL TIME PROGRAM FUND TO OPERATE AND ADMINISTER THE PROGRAM, AND FOR OTHER PURPOSES.
Referred to Committee on Education and Public Works

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

ADJOURNMENT

At 2:15 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Maple Toney Rouse, to meet at 10:00 a.m. tomorrow.

***

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