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


Printed Page 1260 . . . . . Tuesday, February 6, 2018

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Nahum 1:15: "Look! On the mountain the feet of one who brings good tidings, who proclaims peace!"

Let us pray. Almighty God, You bring us to this place to do the work for the people of South Carolina. Inspire these Representatives to look for the One who proclaims peace in our time. Enlighten them to the importance of their calling to do their duty for this State. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom and first responders as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

SILENT PRAYER

The House stood in silent prayer in memory of the conductor and engineer killed and for all of the survivors in the Amtrak CSX train collision in Cayce.

SILENT PRAYER

The House stood in silent prayer in memory of those killed in fatal car crashes over the weekend.

COMMUNICATION

The following was received:

SOUTH CAROLINA BOARD OF HEALTH
AND ENVIRONMENTAL CONTROL
Healthy People. Healthy Communities.


Printed Page 1261 . . . . . Tuesday, February 6, 2018

January 30, 2018
The Honorable Charles F. Reid, Clerk
South Carolina House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211

Dear Mr. Reid:

Enclosed, please find the S.C. Board of Health and Environmental Control's (Department) designation of the synthetic N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide(cyclo propyl fentanyl), and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers in schedule I of the South Carolina Controlled Substances Act. The Board has taken this action at its meeting on January 30, 2018, pursuant to S.C. Code Section 44-53-160(C), which authorizes the Department to designate a substance as a controlled substance by scheduling it in accordance with an order effecting federal scheduling as a controlled substance.

On January 4, 2018, the U.S. Department of Justice, Drug Enforcement Administration (DEA) issued a temporary scheduling order to schedule the synthetic opioid, N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers in schedule I. Federal Register, Volume 83, Number 3, pp. 469-472; https://www.gpo.gov/fdsys/pkg/FR-2018-01-04/pdf/2017-28470.pdf.

The substances listed in Schedule I are those that have a high potential for abuse, no currently acceptable medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Cyclopropyl fentanyl has emerged on the illicit drug market and is being misused and abused for its opioid properties. Cyclopropyl fentanyl exhibits pharmacological profiles similar to that of fentanyl and other [micro]-opioid receptor agonists. The abuse of cyclopropyl fentanyl poses significant adverse health risks when compared to abuse of pharmaceutical preparations of opioid analgesics, such as morphine and oxycodone. The toxic effects of cyclopropyl fentanyl in humans are demonstrated by overdose fatalities involving this substance.

The Department makes this notification in accordance with S.C. Code Section 44-53-160(C), requiring that the Department notify the General Assembly in writing of the change in federal law or regulation and of the corresponding change in South Carolina law. Schedule I controlled substances are found in S.C. Code Section 44-53-190.


Printed Page 1262 . . . . . Tuesday, February 6, 2018

As required by law, the enclosed Board Order has been posted on the agency website.

Thank you for your attention to this matter.

Sincerely,
Rick Caldwell
Legislative Affairs

SOUTH CAROLINA BOARD OF HEALTH AND ENVIRONMENTAL CONTROL

Placement of Cyclopropyl Fentanyl into Schedule I
for Controlled Substances

Whereas, pursuant to S.C. Code Section 44-53-160(C), the South Carolina Board of Health and Environmental Control (Board) is authorized to add a substance as a controlled substance if the Federal government has so designated; and

Whereas, on January 4, 2018, the Administrator of the Drug Enforcement Administration issued a temporary scheduling order to schedule the synthetic opioid, N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers in schedule I. Federal Register, Volume 83, Number 3, pp. 469-472; https://www.gpo.gov/fdsys/pkg/FR-2018-01-04/pdf/2017-28470.pdf; and

Whereas, substances listed in Schedule I are those that have a high potential for abuse, no currently acceptable medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. The DEA conducted its own review and determined that cyclopropyl fentanyl met the criteria for placement in schedule I of the federal CSA because a review of available data showed it had a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use in treatment under medical supervision.; and

Whereas, with no legitimate medical use, cyclopropyl fentanyl has emerged on the illicit drug market and is being misused and abused for its opioid properties. Cyclopropyl fentanyl exhibits pharmacological profiles similar to that of fentanyl and other [micro]-opioid receptor agonists. The abuse of cyclopropyl fentanyl poses significant adverse health risks when compared to abuse of pharmaceutical preparations of


Printed Page 1263 . . . . . Tuesday, February 6, 2018

opioid analgesics, such as morphine and oxycodone. The toxic effects of cyclopropyl fentanyl in humans are demonstrated by overdose fatalities involving this substance.; and

Whereas, cyclopropyl fentanyl has been associated with numerous fatalities. At least 115 confirmed overdose deaths involving cyclopropyl fentanyl abuse have been reported from Georgia (1), Maryland (24), Mississippi (1), North Carolina (75), and Wisconsin (14) in 2017. As the data demonstrate, the potential for fatal and non-fatal overdoses exists for cyclopropyl fentanyl and this substance poses an imminent hazard to the public safety.; and

Therefore, the Board of Health and Environmental Control adopts the federal scheduling of cyclopropyl fentanyl and amends Section 44-53-190 by adding and designating into Schedule I of the South Carolina Controlled Substances Act: N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), and its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers.

January 30, 2018
Columbia, South Carolina
Allen Amsler, Chairman
S.C. Board of Health and Environmental Control

Received as information.

REPORT OF STANDING COMMITTEE

Rep. HOSEY, from the Barnwell Delegation, submitted a favorable report on:

H. 4797 (Word version) -- Rep. Hosey: A BILL TO AMEND SECTION 7-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS 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 UPDATE POLLING LOCATIONS.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4840 (Word version) -- Reps. Felder, Bryant, B. Newton, Simrill, Pope, D. C. Moss, King, Delleney, V. S. Moss, Alexander, Allison, Anderson,


Printed Page 1264 . . . . . Tuesday, February 6, 2018

Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Dillard, Douglas, Duckworth, Elliott, Erickson, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, Murphy, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY SPECIALIST JAVION SHAVONTE SULLIVAN OF THE UNITED STATES ARMY WHILE HE WAS SERVING A TOUR OF MILITARY DUTY IN IRAQ AND TO EXPRESS TO HIS FAMILY THE PROFOUND APPRECIATION OF A GRATEFUL STATE AND NATION FOR HIS LIFE, SACRIFICE, AND SERVICE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4841 (Word version) -- Reps. Cobb-Hunter, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, 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, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway,


Printed Page 1265 . . . . . Tuesday, February 6, 2018

M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CYNTHIA PEURIFOY UPON THE OCCASION OF HER RETIREMENT FROM THE POSITION OF ENVIRONMENTAL JUSTICE COORDINATOR AFTER OVER FORTY YEARS OF EXEMPLARY SERVICE TO THE FEDERAL GOVERNMENT IN MULTIPLE CAPACITIES AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4842 (Word version) -- Rep. King: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND SYBRINA FULTON, MOTHER OF TRAYVON MARTIN, FOR HER COMMITMENT TO TRANSFORMING FAMILY TRAGEDY INTO SOCIAL CHANGE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4843 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO REMEMBER AND CELEBRATE THE LIFE OF FRANCISZEK WOJTKIEWICZ, TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS PASSING, AND TO HONOR HIS REMARKABLE COMMITMENT TO HIS LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4846 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA


Printed Page 1266 . . . . . Tuesday, February 6, 2018

HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA DISTRICT TEACHERS OF THE YEAR, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED ON BEING SELECTED TO REPRESENT THEIR INDIVIDUAL SCHOOL DISTRICTS AS TEACHERS OF THE YEAR.

That the privilege of the floor of the South Carolina House of Representatives be extended to the South Carolina district Teachers of the Year, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended on being selected to represent their individual school districts as Teachers of the Year.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4847 (Word version) -- Reps. Pope, Bryant, Delleney, Felder, King, D. C. Moss, V. S. Moss, B. Newton and Simrill: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RONNIE BAILES, OWNER OF THE MEN'S SHOP IN YORK, UPON THE OCCASION OF HIS RETIREMENT AND THE STORE'S CLOSING AFTER MANY YEARS OF OUTSTANDING SERVICE TO THE YORK COMMUNITY AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4848 (Word version) -- Reps. Bowers, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, 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, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson,


Printed Page 1267 . . . . . Tuesday, February 6, 2018

Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO SALUTE JOHN B. RHODEN, JR., MAYOR OF THE TOWN OF HAMPTON, WHO, HAVING SERVED THE PUBLIC WITH DISTINCTION FOR MORE THAN THIRTY-SIX YEARS, IS WORTHY OF DEEP APPRECIATION FOR HIS DECADES OF COMMITTED SERVICE AND BEST WISHES FOR MUCH CONTINUED SUCCESS IN THE YEARS TO COME.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4834 (Word version) -- Reps. M. Rivers, Williams, Jefferson, Cobb-Hunter, Kirby, Alexander, Hosey, Hart and Thigpen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT THE JUNCTION OF DUKE STREET AND HAMAR STREET IN THE CITY OF BEAUFORT "REVEREND IKE INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4835 (Word version) -- Reps. Burns and Chumley: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO OFFSHORE DRILLING ACTIVITIES OFF SOUTH CAROLINA'S COAST AND THE POTENTIAL ECONOMIC AND ENVIRONMENTAL BENEFITS OF DOMESTIC ENERGY PRODUCTION FOR THE STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 1268 . . . . . Tuesday, February 6, 2018

CONCURRENT RESOLUTION

The following was introduced:

H. 4844 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, 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, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY 26 THROUGH MARCH 4, 2018, AS "EATING DISORDERS AWARENESS WEEK" IN THE STATE OF SOUTH CAROLINA TO COINCIDE WITH NATIONAL EATING DISORDERS AWARENESS WEEK AND TO DECLARE THURSDAY, MARCH 1, 2018, AS "EATING DISORDERS AWARENESS DAY" IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4845 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, 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,


Printed Page 1269 . . . . . Tuesday, February 6, 2018

Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2018 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 873 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE MARCH 19, 2018, AS "WOMEN IN PUBLIC OFFICE DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 1270 . . . . . Tuesday, February 6, 2018

INTRODUCTION OF BILLS

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

H. 4836 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-11-236 SO AS TO PROVIDE THAT IF A DAM WHICH FAILED OR SUFFERED A BREACH BETWEEN OCTOBER 1, 2015, AND OCTOBER 15, 2015, HAS A PUBLIC ROAD OR HIGHWAY IN THE STATE HIGHWAY SYSTEM RUNNING ACROSS THE TOP OF IT AND HAS NOT BEEN REPAIRED OR IS NOT CURRENTLY UNDER REPAIR, THE DEPARTMENT OF TRANSPORTATION SHALL PROCEED IMMEDIATELY WITH THE PROCESS OF REPAIRING THE PUBLIC ROAD OR HIGHWAY ATOP THE DAM, IF SUITABLE RIGHTS OF WAY OR EASEMENTS AFFORD THE STATE OR THE DEPARTMENT OF TRANSPORTATION THE RIGHT TO DO SO WITHOUT THE NECESSITY OF SAVING OR REPAIRING THE DAM, AND TO PROVIDE THAT IF SUITABLE RIGHTS OF WAY OR EASEMENTS DO NOT EXIST OVER WHICH THE PUBLIC ROAD OR HIGHWAY SHALL BE CONSTRUCTED, THE DEPARTMENT OF TRANSPORTATION SHALL BEGIN THE PROCESS OF ACQUIRING THEM BY ALL AVAILABLE LAWFUL MEANS SO THAT THE PUBLIC ROAD OR HIGHWAY CAN BE PUT BACK INTO SERVICE FOR THE USE OF THE GENERAL PUBLIC AS SOON AS POSSIBLE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4837 (Word version) -- Reps. Norrell and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE FOR THE SUBMISSION OF EVIDENCE OF SEXUAL ASSAULT OR ABUSE TO A SLED FORENSIC LABORATORY FOR ANALYSIS, TO PROVIDE THAT SLED SHALL ISSUE A QUARTERLY REPORT REGARDING THE NUMBER OF SUBMISSIONS IT RECEIVES, AND TO CREATE THE SEXUAL ASSAULT EVIDENCE TRACKING AND REPORTING COMMISSION.
Referred to Committee on Judiciary

H. 4838 (Word version) -- Rep. Norrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 22 TO


Printed Page 1271 . . . . . Tuesday, February 6, 2018

CHAPTER 13, TITLE 24 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO HAVE BEEN WRONGFULLY CONVICTED OF AND IMPRISONED FOR A CRIME MAY RECOVER THE MONETARY VALUE OF THE LOSS SUSTAINED THROUGH THE WRONGFUL CONVICTION AND IMPRISONMENT.
Referred to Committee on Judiciary

H. 4839 (Word version) -- Reps. Felder, Bryant, Simrill, B. Newton and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-42 SO AS TO REQUIRE HEALTH MAINTENANCE ORGANIZATIONS, INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND INSURANCE CONTRACTS ISSUED BEGINNING JANUARY 1, 2019, TO PROVIDE COVERAGE FOR CERTAIN TESTS FOR THE EARLY DETECTION OF CARDIOVASCULAR DISEASE; AND TO AMEND SECTION 1-11-710, AS AMENDED, RELATING TO THE PUBLIC EMPLOYEE BENEFIT AUTHORITY'S DUTY TO MAKE CERTAIN INSURANCE PLANS AVAILABLE, SO AS TO REQUIRE THE GROUP HEALTH PLAN COVER CERTAIN TESTS FOR THE EARLY DETECTION OF CARDIOVASCULAR DISEASE.
Referred to Committee on Labor, Commerce and Industry

S. 884 (Word version) -- Senator Nicholson: 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 RENAME CERTAIN PRECINCTS, 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.
Referred to Greenwood Delegation

S. 885 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO ELIMINATE THE PROSPERITY PRECINCT, TO ADD THE PROSPERITY CITY PRECINCT AND THE PROSPERITY OUTSIDE 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.
Referred to Newberry Delegation


Printed Page 1272 . . . . . Tuesday, February 6, 2018

ROLL CALL

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

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Bamberg
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Bryant
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              Henderson-Myers        Henegan
Herbkersman            Hewitt                 Hill
Hiott                  Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mace                   Mack                   Magnuson
Martin                 McCoy                  McCravy
McEachern              McGinnis               McKnight
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Parks                  Pendarvis
Pitts                  Pope                   Putnam
Ridgeway               M. Rivers              S. Rivers
Robinson-Simpson       Rutherford             Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks


Printed Page 1273 . . . . . Tuesday, February 6, 2018

West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. CLEMMONS a temporary leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. H. Timberlake Pearce, Jr., of Beaufort was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

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

CO-SPONSOR ADDED

Bill Number:   H. 3053 (Word version)
Date:   ADD:
02/06/18   MACE


Printed Page 1274 . . . . . Tuesday, February 6, 2018

CO-SPONSOR ADDED

Bill Number:   H. 3126 (Word version)
Date:   ADD:
02/06/18   LONG

CO-SPONSOR ADDED

Bill Number:   H. 3703 (Word version)
Date:   ADD:
02/06/18   MACE

CO-SPONSORS ADDED

Bill Number:   H. 4307 (Word version)
Date:   ADD:
02/06/18   MCCOY and MACE

CO-SPONSOR ADDED

Bill Number:   H. 4434 (Word version)
Date:   ADD:
02/06/18   POPE

CO-SPONSOR ADDED

Bill Number:   H. 4435 (Word version)
Date:   ADD:
02/06/18   HENDERSON-MYERS

CO-SPONSOR ADDED

Bill Number:   H. 4593 (Word version)
Date:   ADD:
02/06/18   BRAWLEY

CO-SPONSOR ADDED

Bill Number:   H. 4596 (Word version)
Date:   ADD:
02/06/18   ERICKSON

CO-SPONSOR ADDED

Bill Number:   H. 4597 (Word version)
Date:   ADD:
02/06/18   BRAWLEY


Printed Page 1275 . . . . . Tuesday, February 6, 2018

CO-SPONSOR ADDED

Bill Number:   H. 4599 (Word version)
Date:   ADD:
02/06/18   BRAWLEY

CO-SPONSORS ADDED

Bill Number:   H. 4672 (Word version)
Date:   ADD:
02/06/18   DANING, LONG, HENDERSON, MACE, COGSWELL, WEST, CHUMLEY, GILLIARD, ATWATER, J. E. SMITH and BERNSTEIN

CO-SPONSOR ADDED

Bill Number:   H. 4683 (Word version)
Date:   ADD:
02/06/18   HERBKERSMAN

CO-SPONSOR ADDED

Bill Number:   H. 4688 (Word version)
Date:   ADD:
02/06/18   BRAWLEY

CO-SPONSOR ADDED

Bill Number:   H. 4705 (Word version)
Date:   ADD:
02/06/18   BRAWLEY

CO-SPONSOR ADDED

Bill Number:   H. 4726 (Word version)
Date:   ADD:
02/06/18   ATWATER

CO-SPONSORS ADDED

Bill Number:   H. 4816 (Word version)
Date:   ADD:
02/06/18   SIMRILL, SOTTILE and ERICKSON

H. 4376--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 4376 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard,


Printed Page 1276 . . . . . Tuesday, February 6, 2018

Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Bennett, Arrington, Daning, Govan, Weeks and Henderson: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT THE TERMS OF ALL PRESENT MEMBERS OF THE BOARD SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS SECTION AT WHICH TIME NEW MEMBERS OF THE BOARD WITH SPECIFIED QUALIFICATIONS SHALL BE APPOINTED IN THE MANNER PROVIDED IN THE SECTION, AND TO PROVIDE FOR RELATED MATTERS PERTAINING TO THE RECONSTITUTED BOARD; BY ADDING SECTION 58-31-25 SO AS TO PROVIDE THAT NEW OR REVISED ELECTRIC RATES AND CHARGES OF THE PUBLIC SERVICE AUTHORITY AS PROPOSED BY THE AUTHORITY MUST BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL AND DETERMINED BY THE COMMISSION IN THE MANNER PROVIDED BY ARTICLE 7, CHAPTER 27, TITLE 58 AS SUPPLEMENTED BY ANY OTHER APPLICABLE PROVISIONS OF LAW; TO AMEND SECTION 58-31-30, RELATING TO THE POWERS AND DUTIES OF THE PUBLIC SERVICE AUTHORITY AND ITS BOARD OF DIRECTORS, SO AS TO REVISE THE POWER OF THE AUTHORITY TO FIX RATES AND CHARGES SO THAT NEW AND REVISED RATES AND CHARGES SHALL BE SUBJECT TO THE JURISDICTION AND APPROVAL OF THE PUBLIC SERVICE COMMISSION AND THAT NO NEW RATES OR REVISED CHARGES MAY BE IMPOSED OR APPROVED FOR THE PURPOSE OF PAYING ANY OF THE ABANDONMENT COSTS OF THE TWO NEW NUCLEAR REACTORS CONSTRUCTED PURSUANT TO THE BASE LOAD REVIEW ACT; AND TO AMEND SECTION 58-31-360, RELATING TO THE STATE OF SOUTH CAROLINA'S COVENANTS WITH HOLDERS OF BONDED OR OTHER INDEBTEDNESS OF THE AUTHORITY, SO AS TO CLARIFY AND FURTHER PROVIDE FOR THESE COVENANTS AS A RESULT OF THE ABANDONMENT OF THE TWO NUCLEAR REACTORS REFERRED TO ABOVE.

Reps. DELLENEY, CLARY, HIOTT, B. NEWTON, SANDIFER, ELLIOTT, MURPHY, BLACKWELL, BRYANT, HIXON, HART,


Printed Page 1277 . . . . . Tuesday, February 6, 2018

BROWN, YOUNG, ANDERSON, OTT and JEFFERSON requested debate on the Bill.

H. 4612--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4612 (Word version) -- Reps. Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-262 SO AS TO PROVIDE APPLICANTS FOR GENERAL AND MECHANICAL LICENSURE SUBJECT TO FINANCIAL STATEMENT REQUIREMENTS MAY INSTEAD PROVIDE CERTAIN SURETY BONDS, AND TO PROVIDE REQUIREMENTS CONCERNING THE SURETY BONDS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4612 (COUNCIL\WAB\46 12 C002.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Article 1, Chapter 11, Title 40 of the 1976 Code is amended by adding:

"Section 40-11-262.   (A)   In lieu of providing a financial statement showing a minimum net worth for a license group as required by Section 40-11-260, an applicant may provide a surety bond from a surety authorized to transact surety business in this State in an amount of two times the required net worth for the applicant's license group with his initial or renewal application.

(B)   The surety bond provided in subsection (A) must:

(1)   be continuous in form and must be maintained in effect for as long as the applicant maintains the license issued by the department or until the applicant submits a financial statement showing that he meets the net worth requirements for the his license group as provided in Section 40-11-260;

(2)   list the State of South Carolina as obligee for the bond;

(3)   be for the benefit of any person who is damaged by an act or omission of the applicant constituting a breach of construction contract or a contract for the furnishing of labor, materials, or professional services for construction undertaken by the applicant, or by any unlawful act or omission of the applicant in performing construction; and


Printed Page 1278 . . . . . Tuesday, February 6, 2018

(4)   be in addition to, and not in lieu of, any other surety bond required of the applicant by law or regulation, or by any party to a contract with the applicant.

(C)   The surety bond provided in subsection (A) only may be canceled by notification to the board by the surety and the applicant thirty days prior to cancellation. When the surety bond is canceled, the licensee shall provide proof of net worth for his license group as required by Section 40-11-260 within ten days of cancellation or his license is suspended until written proof of net worth is provided.

(D)   Claims may be filed against the bond on a form approved by the board in accordance with procedures established by the board in regulation."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

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

Rep. TOOLE explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Bannister
Bernstein              Blackwell              Bradley
Brawley                Brown                  Bryant
Burns                  Caskey                 Chumley
Clary                  Clyburn                Cobb-Hunter
Cole                   Collins                Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Herbkersman


Printed Page 1279 . . . . . Tuesday, February 6, 2018

Hewitt                 Hill                   Hiott
Hixon                  Hosey                  Jefferson
Johnson                King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             Murphy
B. Newton              W. Newton              Norrell
Ott                    Pendarvis              Pope
Putnam                 Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Rutherford
Sandifer               Simrill                G. M. Smith
G. R. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Weeks                  West
Wheeler                Whitmire               Williams
Willis                 Young                  Yow

Total--105

Those who voted in the negative are:

Total--0

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

S. 297--ORDERED TO THIRD READING

The following Bill was taken up:

S. 297 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 40-18-80(A)(2) OF THE 1976 CODE, RELATING TO SECURITY OFFICER REGISTRATION CERTIFICATES AND QUALIFICATIONS OF APPLICANTS, TO PROVIDE THAT, PENDING ISSUANCE OF A REGISTRATION CERTIFICATE, A SECURITY OFFICER MAY PERFORM THE DUTIES OF A SECURITY OFFICER FOR UP TO SIXTY DAYS AFTER RECEIPT BY SLED OF HIS APPLICATION FOR REGISTRATION.


Printed Page 1280 . . . . . Tuesday, February 6, 2018

Rep. TOOLE explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Bamberg
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley
Brawley                Brown                  Burns
Caskey                 Chumley                Clary
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hayes                  Henderson              Henderson-Myers
Henegan                Herbkersman            Hewitt
Hill                   Hiott                  Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mace                   Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Pendarvis
Pope                   Putnam                 Ridgeway
Robinson-Simpson       Rutherford             Sandifer
Simrill                G. M. Smith            G. R. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen


Printed Page 1281 . . . . . Tuesday, February 6, 2018

Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young

Total--109

Those who voted in the negative are:

Total--0

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

S. 185--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 185 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 40-19-20(1) OF THE 1976 CODE, RELATING TO THE DEFINITION OF "ADVERTISEMENT" AS USED IN REGARD TO EMBALMERS AND FUNERAL DIRECTORS, BY ADDING THE TERM "INTERNET" TO THE DEFINITION OF ADVERTISEMENT; TO AMEND SECTION 40-19-20 OF THE 1976 CODE BY ADDING A DEFINITION FOR THE TERM "THIRD PARTY FUNERAL SERVICE PROVIDER"; AND TO AMEND CHAPTER 19, TITLE 40 OF THE 1976 CODE, BY ADDING SECTION 40-19-40, TO PROVIDE THAT THIRD PARTY FUNERAL SERVICE PROVIDERS MUST BE LICENSED BY THE STATE BOARD OF FUNERAL SERVICE, TO PROVIDE NOTICE AND DISCLOSURE REQUIREMENTS FOR THIRD PARTY FUNERAL SERVICE PROVIDER ADVERTISEMENTS, TO PROVIDE FOR LICENSE REVOCATION FOR VIOLATIONS OF THE ADVERTISING REQUIREMENTS, TO PROVIDE THAT THE STATE BOARD OF FUNERAL SERVICE SHALL PRESCRIBE THE FORMAT OF ADVERTISEMENT DISCLOSURE BY REGULATION, AND TO PROVIDE THAT THIRD PARTY FUNERAL SERVICE PROVIDERS MUST DISCLOSE TO CUSTOMERS THE NAME AND CONTACT INFORMATION OF THE FUNERAL ESTABLISHMENT THAT WILL BE IN CHARGE OF HANDLING ALL FUNERAL ARRANGEMENTS.


Printed Page 1282 . . . . . Tuesday, February 6, 2018

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 185 (COUNCIL\WAB\185C002. AGM.WAB18), which was adopted:
Amend the bill, as and if amended, Section 40-19-20(2), as contained in SECTION 1, page 2, by deleting the item and inserting:
/   (2)   'Aiding and abetting' means allowing or permitting an internet service provider, unlicensed person, establishment, or entity to engage in the practice of funeral service, embalming, cremating, or conducting business as a funeral home, funeral establishment, crematory, or mortuary; provided, however, that 'aiding and abetting' does not include the publication, dissemination, circulation, or placing before the public by an internet service provider of an advertisement prepared by an unaffiliated or unlicensed person or entity. /
Renumber sections to conform.
Amend title to conform.

Rep. SANDIFER 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 104; Nays 0

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Bannister              Bennett
Bernstein              Blackwell              Bradley
Brown                  Burns                  Chumley
Clary                  Clyburn                Cogswell
Cole                   Collins                Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hardee                 Hart
Hayes                  Henderson              Henderson-Myers
Henegan                Herbkersman            Hewitt
Hiott                  Hixon                  Hosey


Printed Page 1283 . . . . . Tuesday, February 6, 2018

Howard                 Huggins                Jefferson
Johnson                King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Magnuson               Martin                 McCoy
McCravy                McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Ott                    Pendarvis
Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Sandifer               Simrill                G. M. Smith
J. E. Smith            Sottile                Spires
Stavrinakis            Stringer               Tallon
Taylor                 Thayer                 Thigpen
Toole                  Trantham               Weeks
West                   Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--104

Those who voted in the negative are:

Total--0

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

SPEAKER PRO TEMPORE IN CHAIR

SPEAKER IN CHAIR

H. 4654--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4654 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND SECTION 38-43-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR INDIVIDUAL AND AGENCY INSURANCE PRODUCERS, SO AS TO REQUIRE AN APPLICANT TO PROVIDE A COMPLETE


Printed Page 1284 . . . . . Tuesday, February 6, 2018

SET OF FINGERPRINTS WITH THE APPLICATION, TO PROVIDE THAT FAILURE TO PROVIDE A COMPLETE SET OF FINGERPRINTS CONSTITUTES GROUNDS FOR DENIAL OF AN APPLICATION, AND TO PROVIDE EXCEPTIONS TO THE FINGERPRINTING REQUIREMENT UNDER CERTAIN CIRCUMSTANCES.

Rep. SPIRES explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 1

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Bannister
Bennett                Bernstein              Blackwell
Bowers                 Brawley                Bryant
Caskey                 Clary                  Clyburn
Cobb-Hunter            Cogswell               Cole
Collins                Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Felder                 Finlay
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Hamilton               Hardee                 Hart
Hayes                  Henderson              Henderson-Myers
Henegan                Herbkersman            Hewitt
Hill                   Hixon                  Hosey
Howard                 Huggins                Jefferson
Johnson                Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Magnuson               Martin
McCoy                  McEachern              McGinnis
McKnight               D. C. Moss             V. S. Moss
Murphy                 B. Newton              W. Newton
Norrell                Pendarvis              Pitts
Pope                   Putnam                 Ridgeway


Printed Page 1285 . . . . . Tuesday, February 6, 2018

M. Rivers              S. Rivers              Robinson-Simpson
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Young

Total--104

Those who voted in the negative are:

Brown

Total--1

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

H. 4656--POINT OF ORDER

The following Bill was taken up:

H. 4656 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND SECTION 38-9-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSURANCE CREDITS, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ADOPT ADDITIONAL REQUIREMENTS FOR REINSURANCE CREDITS, TO REQUIRE A REINSURER TO DEMONSTRATE IT HAS ADEQUATE FINANCIAL CAPACITY TO MEET ITS REINSURANCE OBLIGATIONS TO QUALIFY FOR A CREDIT, TO ALLOW FOR THE REDUCTION OF A TRUSTEED SURPLUS FOR AN ASSUMING INSURER WHO HAS PERMANENTLY DISCONTINUED UNDERWRITING NEW BUSINESS, TO ALLOW FOR CREDIT WHEN REINSURANCE IS CEDED AND ENUMERATE CERTAIN ELIGIBILITY REQUIREMENTS, TO ALLOW FOR AN ASSUMING INSURER WHO IS NOT LICENSED, CERTIFIED, OR ACCREDITED IN THIS STATE TO BECOME ELIGIBLE FOR A CREDIT UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE DIRECTOR TO SUSPEND OR REVOKE THE ACCREDITATION OR CERTIFICATION, TO REQUIRE AN INSURER TO MANAGE ITS REINSURANCE RECOVERABLES


Printed Page 1286 . . . . . Tuesday, February 6, 2018

PROPORTIONATE TO ITS BOOK OF BUSINESS, AND TO AUTHORIZE THE DIRECTOR TO ADOPT RULES AND REGULATIONS; AND TO AMEND SECTION 38-9-210, RELATING TO LIABILITY REDUCTIONS FOR REINSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO ADOPT ADDITIONAL REQUIREMENTS FOR AN ASSET OR REDUCTION FROM LIABILITY FOR REINSURANCE CEDED BY A DOMESTIC INSURER AND TO EXPAND THE ACCEPTABLE FORM OF SECURITY FOR A LIABILITY REDUCTION.

Rep. SPIRES explained the Bill.

POINT OF ORDER

Rep. HILL 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. 4655--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4655 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA INSURANCE DATA SECURITY ACT" BY ADDING CHAPTER 99 TO TITLE 38 SO AS TO DEFINE NECESSARY TERMS; TO REQUIRE A LICENSEE TO DEVELOP, IMPLEMENT, AND MAINTAIN A COMPREHENSIVE INFORMATION SECURITY PROGRAM BASED ON THE LICENSEE'S RISK ASSESSMENT AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE SECURITY PROGRAM, TO PROVIDE MINIMUM REQUIREMENTS FOR A LICENSEE'S BOARD OF DIRECTORS, IF APPLICABLE, TO REQUIRE A LICENSEE TO MONITOR THE SECURITY PROGRAM AND MAKE ADJUSTMENTS IF NECESSARY, TO PROVIDE THAT THE LICENSEE MUST ESTABLISH AN INCIDENT RESPONSE PLAN AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE INCIDENT RESPONSE PLAN, TO REQUIRE A LICENSEE TO SUBMIT A STATEMENT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE ANNUALLY; TO ESTABLISH CERTAIN REQUIREMENTS FOR A LICENSEE IN THE EVENT OF


Printed Page 1287 . . . . . Tuesday, February 6, 2018

A CYBERSECURITY EVENT; TO REQUIRE A LICENSEE TO NOTIFY THE DIRECTOR OF CERTAIN INFORMATION IN THE EVENT OF A CYBERSECURITY EVENT; TO GRANT THE DIRECTOR THE POWER AND AUTHORITY TO EXAMINE AND INVESTIGATE A LICENSEE; TO PROVIDE THAT DOCUMENTS, MATERIALS, OR OTHER INFORMATION IN THE CONTROL OR POSSESSION OF THE DEPARTMENT MUST BE TREATED AS CONFIDENTIAL AND TO AUTHORIZE THE DIRECTOR TO SHARE OR RECEIVE CONFIDENTIAL DOCUMENTS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE EXEMPTIONS FROM THE PROVISIONS OF THIS CHAPTER; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4655 (COUNCIL\CZ\4655C001. NBD.CZ18), which was adopted:
Amend the bill, as and if amended, SECTION 3, by adding Section 38-99-100, on page 13 after line 41, to read:
/   Section 38-99-100.   Nothing in this chapter creates any duty or liability for a provider of communication services for the transmission of voice, data, or other information over its network.     /
Renumber sections to conform.
Amend title to conform.

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

Rep. SPIRES explained the Bill.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 2

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Bales                  Bamberg
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Bradley


Printed Page 1288 . . . . . Tuesday, February 6, 2018

Brawley                Bryant                 Caskey
Clary                  Clyburn                Cobb-Hunter
Cogswell               Cole                   Collins
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hardee                 Hart
Hayes                  Henderson              Henderson-Myers
Henegan                Hewitt                 Hixon
Hosey                  Howard                 Huggins
Jefferson              Johnson                King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Martin                 McCoy                  McCravy
McEachern              McGinnis               McKnight
D. C. Moss             V. S. Moss             Murphy
B. Newton              W. Newton              Norrell
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               M. Rivers
S. Rivers              Robinson-Simpson       Rutherford
Sandifer               Simrill                G. M. Smith
G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Young                  Yow

Total--105

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.


Printed Page 1289 . . . . . Tuesday, February 6, 2018

H. 4827--ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 4827 (Word version) -- Rep. Henderson: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR THE SEIZURE SAFETY IN SCHOOLS STUDY COMMITTEE TO SUBMIT ITS WRITTEN REPORT FROM JANUARY 31, 2018, TO JANUARY 31, 2019.

Rep. HENDERSON explained the Joint Resolution.

The question then recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 1

Those who voted in the affirmative are:

Allison                Anderson               Anthony
Arrington              Atkinson               Atwater
Bales                  Bamberg                Bannister
Bennett                Bernstein              Blackwell
Bowers                 Brawley                Brown
Bryant                 Caskey                 Clary
Clyburn                Cobb-Hunter            Cogswell
Cole                   Collins                Crosby
Daning                 Davis                  Delleney
Dillard                Douglas                Duckworth
Elliott                Erickson               Felder
Forrest                Forrester              Fry
Funderburk             Gagnon                 Gilliard
Govan                  Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Hewitt
Hixon                  Hosey                  Howard
Huggins                Jefferson              Johnson
King                   Kirby                  Knight
Loftis                 Long                   Lowe
Lucas                  Magnuson               Martin
McCoy                  McCravy                McEachern
McGinnis               McKnight               D. C. Moss
V. S. Moss             Murphy                 B. Newton
W. Newton              Norrell                Pendarvis


Printed Page 1290 . . . . . Tuesday, February 6, 2018

Pitts                  Pope                   Putnam
Ridgeway               S. Rivers              Robinson-Simpson
Rutherford             Sandifer               Simrill
G. M. Smith            G. R. Smith            J. E. Smith
Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Toole                  Trantham
Weeks                  West                   Wheeler
White                  Williams               Willis
Young

Total--103

Those who voted in the negative are:

Hill

Total--1

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

H. 4795--DEBATE ADJOURNED

The following Bill was taken up:

H. 4795 (Word version) -- Reps. Herbkersman, Simrill and W. Newton: A BILL TO AMEND SECTION 56-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MANUFACTURERS, DISTRIBUTORS, AND DEALERS, SO AS TO REVISE THE DEFINITION OF THE TERMS "DEALER" OR "MOTOR VEHICLE DEALER" TO EXCLUDE CERTAIN PERSONS CONDUCTING AUCTIONS IN CONJUNCTION WITH THE ANNUAL HILTON HEAD ISLAND CONCOURS D'ELEGANCE.

Rep. HERBKERSMAN moved to adjourn debate on the Bill until Tuesday, February 20, which was agreed to.

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


Printed Page 1291 . . . . . Tuesday, February 6, 2018

ADJOURNMENT

At 1:19 p.m. the House in accordance with the motion of Rep. THAYER adjourned to meet at 10:00 a.m. tomorrow.

***

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