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 Isaiah 51:12: "I am He who comforts you."
Let us pray. Holy One, who comes to us and gives understanding and comforts us in times of need and in times of plenty, send Your comforting spirit to these Representatives and staff as they strive to do the work assigned to them. Give comfort and blessing to our Nation, President, State, Governor, Speaker, staff, and all who labor to make the system work. Bless and 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, 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.
Rep. WEST moved that when the House adjourns, it adjourn in memory of Bobby "Bob" Burriss, Sr., which was agreed to.
The following was received:
February 13, 2018
The Honorable Charles Reid
Clerk of the SC House of Representatives
PO Box 11867
Columbia, South Carolina 29211
Dear Charles:
The House Regulations and Administration Procedures Committee met on February 13, 2018, at 11:30 a.m. for the purpose of electing a new chairman. Representative Chip Huggins has been elected to serve in this position.
Sincerely,
Kami Thordahl
Executive Assistant
Regulations and Administrative Procedures Committee
Received as information.
Document No. 4760
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-61-610 et seq.
South Carolina Stroke Care System
Received by Speaker of the House of Representatives January 9, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 9, 2018
Document No. 4801
Agency: Department of Labor, Licensing and Regulation
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70 and 40-67-70
Board of Examiners in Speech-Language Pathology and Audiology
Received by Speaker of the House of Representatives January 9, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 9, 2018
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3739 (Word version) -- Reps. Loftis, Burns, Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880 SO AS TO DEFINE NECESSARY TERMS, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL BEAR COSTS, NOT TO EXCEED SEVEN AND ONE-HALF PERCENT OF THE TOTAL PROJECT
COSTS, FOR CONSTRUCTION PROJECTS OR IMPROVEMENTS, TO PROVIDE THAT THIS SECTION DOES NOT GRANT THE DEPARTMENT THE AUTHORITY TO PREVENT OR MATERIALLY LIMIT A PUBLIC WATER SYSTEM'S UTILIZATION OF PROPERTY LOCATED WITHIN A STATE TRANSPORTATION IMPROVEMENT PROJECT'S RIGHT OF WAY, AND TO PROVIDE THAT THE DEPARTMENT MAY ACQUIRE ADDITIONAL RIGHTS OF WAY TO FACILITATE THE LOCATION OF UTILITIES OUTSIDE OF RIGHTS OF WAY CURRENTLY CONTAINED IN THE PUBLIC HIGHWAY SYSTEM.
Ordered for consideration tomorrow.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4958 (Word version) -- Reps. Ridgeway, Henderson and Spires: A BILL TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS, SO AS TO ALLOW PHARMACISTS TO DISPENSE A VARYING QUANTITY OF MAINTENANCE MEDICATION, WITH EXCEPTIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 913 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-9-740(B) OF THE 1976 CODE, RELATING TO YOUTH HUNTING DAYS, TO PROVIDE THAT A LICENSE OR TAG REQUIRED PURSUANT TO CHAPTER 9, TITLE 50 IS WAIVED FOR A YOUTH HUNTER ON A YOUTH HUNTING DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Bales Ballentine 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 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 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 Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
I was sick with the flu on Thursday, February 15, 2018, and I was unable to attend session.
Rep. G. Murrell Smith
The SPEAKER granted Rep. SOTTILE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. HENEGAN a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. PUTNAM a temporary leave of absence.
The SPEAKER granted Rep. KIRBY a temporary leave of absence.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3183 (Word version)
Date: ADD:
02/20/18 THIGPEN
Bill Number: H. 3595 (Word version)
Date: ADD:
02/20/18 BALES
Bill Number: H. 3819 (Word version)
Date: ADD:
02/20/18 HENDERSON-MYERS
Bill Number: H. 3820 (Word version)
Date: ADD:
02/20/18 HENDERSON-MYERS
Bill Number: H. 4040 (Word version)
Date: ADD:
02/20/18 CLEMMONS
Bill Number: H. 4322 (Word version)
Date: ADD:
02/20/18 S. RIVERS
Bill Number: H. 4386 (Word version)
Date: ADD:
02/20/18 HENDERSON-MYERS
Bill Number: H. 4418 (Word version)
Date: ADD:
02/20/18 MACE, HAMILTON, LOFTIS, MAGNUSON, FELDER and DUCKWORTH
Bill Number: H. 4434 (Word version)
Date: ADD:
02/20/18 THAYER
Bill Number: H. 4443 (Word version)
Date: ADD:
02/20/18 MACE
Bill Number: H. 4705 (Word version)
Date: ADD:
02/20/18 BALLENTINE
Bill Number: H. 4717 (Word version)
Date: ADD:
02/20/18 PENDARVIS and THIGPEN
Bill Number: H. 4796 (Word version)
Date: ADD:
02/20/18 CLARY
Bill Number: H. 4810 (Word version)
Date: ADD:
02/20/18 HUGGINS, BALLENTINE and HENDERSON-MYERS
Bill Number: H. 4816 (Word version)
Date: ADD:
02/20/18 POPE
Bill Number: H. 4857 (Word version)
Date: ADD:
02/20/18 COGSWELL
Bill Number: H. 4874 (Word version)
Date: ADD:
02/20/18 DANING and BALES
Bill Number: H. 4911 (Word version)
Date: ADD:
02/20/18 FELDER
Bill Number: H. 4932 (Word version)
Date: ADD:
02/20/18 MACE
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. SIMRILL moved to adjourn debate on the Bill until Tuesday, February 27, which was agreed to.
The following Bill was taken up:
H. 4618 (Word version) -- Reps. Willis, Elliott and Allison: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REDUCE THE MINIMUM NUMBER OF MOTOR VEHICLE SALES A DEALER MUST MAKE BEFORE HE MAY BE ISSUED A DEALER PLATE AND THE NUMBER OF MOTOR VEHICLES HE MUST SELL BEFORE HE MAY BE ISSUED ADDITIONAL DEALER PLATES, AND TO REDUCE THE NUMBER OF MOTOR VEHICLES THAT MUST BE SOLD BY A DEALER PARTICIPATING IN A MANUFACTURER PROGRAM TO OBTAIN ADDITIONAL PLATES.
Rep. TOOLE moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4672 (Word version) -- Reps. Elliott, B. Newton, Allison, Felder, Bryant, Putnam, Martin, Arrington, Thigpen, Gagnon, Thayer, Douglas, Govan, Anderson, McGinnis, Huggins, Tallon, Daning, D. C. Moss, Long, Henderson, Mace, Cogswell, West, Chumley, Gilliard, Atwater, J. E. Smith, Bernstein, Jefferson, Williams, W. Newton, Henderson-Myers and Ballentine: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VISION SCREENING REQUIRED FOR ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT VISION SCREENING IS REQUIRED UPON RENEWAL OF A LICENSE, AND TO PROVIDE THAT A CERTIFICATE OF VISION EXAMINATION FORM MUST BE EXECUTED BY THE CERTIFYING OPHTHALMOLOGIST OR OPTOMETRIST.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4672 (COUNCIL\CM\4672 C001.GT.CM18):
Amend the bill, as and if amended, Section 56-1-220(A), as continued in SECTION 1, page 1 by striking SECTION 56-1-220(A) and inserting:
/ (A) The department shall require vision screening for all persons obtaining an initial license and upon license renewal after October 1, 2019. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state. /
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Reps. KING, HART, YOW, RUTHERFORD, OTT, TAYLOR, CROSBY, HOSEY, KIRBY, ANDERSON, ELLIOTT, CLYBURN, CRAWFORD, WILLIS, KNIGHT and WEST requested debate on the Bill.
The following Bill was taken up:
H. 4682 (Word version) -- Rep. Willis: A BILL TO AMEND SECTION 56-9-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE THE FILING OF A BOND AND THE FILING OF A CERTIFICATE OF DEPOSIT OF MONEY OR SECURITIES AS METHODS OF ESTABLISHING PROOF OF FINANCIAL RESPONSIBILITY; AND TO REPEAL SECTIONS 56-9-570 AND 56-9-580 BOTH RELATING TO ESTABLISHING PROOF OF FINANCIAL RESPONSIBILITY BY THE FILING OF A BOND OR A CERTIFICATE OF DEPOSIT OF MONEY OR SECURITIES.
Rep. ELLIOTT explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Brawley Brown Bryant Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Hamilton Hardee Hart Hayes Henderson Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Lowe Lucas
Mace Magnuson McCoy McCravy McGinnis McKnight D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Ridgeway M. Rivers S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4676 (Word version) -- Reps. Collins and Felder: A BILL TO AMEND SECTIONS 56-1-50, AS AMENDED, 56-1-125, 56-1-175, AS AMENDED, AND 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, A CONDITIONAL DRIVER'S LICENSE, AND A SPECIAL RESTRICTED DRIVER'S LICENSE, AND THE REQUIREMENT THAT CERTAIN INDIVIDUALS MUST REGISTER WITH THE UNITED STATES SELECTIVE SERVICE, ALL SO AS TO REVISE CERTAIN TERMS.
Rep. ELLIOTT explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Martin McCoy McCravy McGinnis McKnight D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway M. Rivers S. Rivers Robinson-Simpson Rutherford Sandifer G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 6 (Word version) -- Senators Bryant, Hembree, Campbell and Senn: A BILL TO AMEND SECTION 47-3-630 OF THE 1976 CODE, RELATING TO PENALTIES FOR TEASING, MALTREATING, AND INJURING POLICE DOGS AND HORSES, TO PROVIDE THAT A PERSON WHO TORTURES, MUTILATES, INJURES, DISABLES, POISONS, OR KILLS A POLICE DOG OR HORSE MAY BE FINED UP TO TEN THOUSAND DOLLARS, MAY BE IMPRISONED FOR UP TO TEN YEARS, MUST PAY RESTITUTION TO COVER THE COST OF RESTORING OR REPLACING THE DOG OR HORSE INJURED OR KILLED, AND MAY BE REQUIRED TO COMPLETE UP TO FIVE HUNDRED HOURS OF COMMUNITY SERVICE FOR AN ANIMAL-RELATED ORGANIZATION OR FOUNDATION.
Rep. TALLON moved to adjourn debate on the Bill until Wednesday, February 21, which was agreed to.
The following Bill was taken up:
H. 4705 (Word version) -- Reps. Bannister, Elliott, Arrington, Long, Chumley, B. Newton, Martin, Henderson-Myers, G. R. Smith, Trantham, Bryant, Hamilton, Hixon, S. Rivers, Stringer, Brawley and Ballentine: A BILL TO AMEND SECTION 63-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATED REPORTERS OF CHILD ABUSE OR NEGLECT, SO AS TO ADD RELIGIOUS COUNSELORS AS MANDATED REPORTERS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4705 (COUNCIL\VR\4705C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 63-7-310 of the 1976 Code is amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner, or coroner, or an employee of a county medical examiner's or coroner's office, or any other medical, emergency medical services, mental health, or allied health professional, member of the clergy including a Christian Science Practitioner or religious healer, clerical or nonclerical religious counselor who is a licensed counselor or holds himself out as a counselor or regularly counsels others, school or college administrator, coach, school teacher, counselor, principal, assistant principal, school attendance officer, social or public assistance worker, substance abuse treatment staff, or childcare worker in a childcare center or foster care facility, foster parent, police or law enforcement officer, firefighter, camp counselor, scout leader, juvenile justice worker, undertaker, funeral home director or employee of a funeral home, persons responsible for processing films, computer technician, judge, or a volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA must report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child has been or may be abused or neglected as defined in Section 63-7-20.
(B) If a person required to report pursuant to subsection (A) has received information in the person's professional capacity which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency.
(C) Except as provided in subsection (A), a person, including, but not limited to, a volunteer non-attorney guardian ad litem serving on behalf of the South Carolina Guardian Ad Litem Program or on behalf of Richland County CASA, who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report, and is encouraged to report, in accordance with this section who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report, and is encouraged to report, in accordance with this section. A person in subsection (A) or (B) who
reports child abuse or neglect to a supervisor or person in charge of an institution, school, facility, or agency is not relieved of the individual duty to report in accordance with this section. The duty to report is not superseded by an internal investigation within the institution, school, facility, or agency.
(D) Reports of child abuse or neglect may be made orally by telephone or otherwise to the county department of social services or to a law enforcement agency in the county where the child resides or is found."
SECTION 2. Section 63-7-450(A) of the 1976 Code is amended to read:
"(A) The Department of Social Services Protective Services shall inform all persons required to report under this subarticle pursuant to Section 63-7-310(A) of the nature, problem, and extent of child abuse and neglect and of their duties and responsibilities in accordance with this article. The department also, on a continuing basis, shall conduct training programs for department staff and appropriate training for persons required to report under this subarticle pursuant to Section 63-7-310(A)."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Blackwell Bowers Brawley Brown Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning
Davis Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Knight Loftis Long Lowe Mace Magnuson Martin McCoy McCravy McGinnis McKnight D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Robinson-Simpson Sandifer G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The following Bill was taken up:
H. 4377 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, V. S. Moss, Clyburn, Bennett, Arrington, Daning, Govan, Weeks, Henderson, Henderson-Myers, Williams and Knight: A BILL TO AMEND SECTION 58-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE PUBLIC SERVICE COMMISSION, SO AS TO REVISE THE MEMBERSHIP; TO AMEND SECTION 58-3-30, RELATING TO THE COMMISSIONERS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REQUIRE THE COMMISSIONERS AND THEIR EMPLOYEES TO ATTEND AT LEAST SIX HOURS OF CONTINUING EDUCATION CURRICULUM; TO AMEND SECTION 58-3-225, RELATING TO THE CONDUCT OF MEETINGS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REQUIRE THE COMMISSIONERS TO QUESTION THE PARTIES THOROUGHLY DURING HEARINGS OF CONTESTED CASES WHEN APPROPRIATE; AND TO AMEND SECTION 58-3-260, RELATING TO COMMUNICATIONS WITH THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW THE PUBLIC UTILITIES REVIEW COMMITTEE AND CERTAIN OTHER LEGISLATIVE OVERSIGHT COMMITTEES TO COMMUNICATE WITH THE PUBLIC SERVICE COMMISSION IN CERTAIN CIRCUMSTANCES.
The Bill was read the third time and ordered sent to the Senate.
Rep. TAYLOR moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4959 (Word version) -- Reps. Bennett, Rutherford, King, Daning, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bernstein, Blackwell, Bowers, Bradley,
Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, 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, 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, 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 SALUTE THE HONORABLE LONNIE HOSEY, A GENUINE AMERICAN PATRIOT AND SOUTH CAROLINA STATESMAN, AND TO HONOR HIS DISTINGUISHED SERVICE WITH THE FIRST MARINE DIVISION DURING THE VIETNAM WAR AND HIS SERVICE IN THE HOUSE OF REPRESENTATIVES.
Whereas, the members of the South Carolina House of Representatives have learned that their friend and colleague in the General Assembly, the Honorable Lonnie Hosey, will be honored by the Black History Month Symposium for a lifetime of distinguished service to our State and to the nation during a program entitled "From Barnwell County to the Statehouse" aboard the USS Yorktown at Patriot's Point in Mount Pleasant on Friday, February 23, 2018; and
Whereas, a native of South Carolina, young Lonnie Hosey joined the United States Marine Corps in the proud tradition of sons of the Palmetto State in June of 1966, and he served with the First Marine Division in Vietnam in 1966 and 1967, under unrelenting combat; and
Whereas, wounded twice in Vietnam, he was awarded a Purple Heart for his extraordinary service. As a result of serious bullet and shrapnel wounds, Sergeant Hosey spent thirteen months in the Charleston Naval Hospital before being honorably discharged from the Marine Corps in 1969; and
Whereas, after serving in the Vietnam War, Mr. Hosey earned a bachelor's degree from Voorhees College in 1978 and served for decades in higher education before he retired as a university administrator; and
Whereas, he has continued to serve veterans as a board member of the Salkehatchie Vietnam Veterans and as a member of the Veterans of Foreign Wars (VFW) Post No. 10595 and Disabled American Veterans; and
Whereas, Representative Hosey was elected to serve in the South Carolina House of Representatives in 1999 where he serves as a member of the Ways and Means Committee, and he has faithfully represented District 91 in Allendale, Barnwell, and Orangeburg counties for almost two decades; and
Whereas, devoted to his community, he has served as chairman of both the Barnwell County Community Activities Center, Inc., and the Barnwell County Democratic Party, and he has been a member of Omega Psi Phi Fraternity, Inc., of the Barnwell-Blackville Branch of the NAACP, and of the Community Service Club of Williston, Inc., in 1994; and
Whereas, a faithful member of St. Thomas Grove Missionary Baptist Church, Representative Hosey has served as president of Greenbranch Christian Benevolent Society and past Most Worshipful Grand Master of Prince Hall Masons of the State of South Carolina; and
Whereas, growing up during a time of Civil Rights' struggles, Lonnie Hosey has overcome many challenges in order to spend his life giving back to his nation, his State, and his community; and we, his colleagues, have been enriched by his sincere collegiality and dedicated service in the General Assembly. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution recognize and salute the Honorable Lonnie Hosey, a genuine American patriot and South Carolina statesman, and honor his distinguished service with the First Marine Division during the Vietnam War and his service in the House of Representatives.
Be it further resolved that a copy of this resolution be presented to the Honorable Lonnie Hosey.
The Resolution was adopted.
The following was introduced:
H. 4960 (Word version) -- Reps. West, 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, 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, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION MEMORIALIZING CONGRESS TO AUTHORIZE A PILOT PROGRAM BETWEEN THE STATES OF GEORGIA, SOUTH CAROLINA, AND NORTH CAROLINA GRANTING COMMERCIAL DRIVER'S LICENSE HOLDERS BETWEEN THE AGES OF EIGHTEEN AND TWENTY-ONE THE RIGHT TO OPERATE IN INTERSTATE COMMERCE AND TO HAUL INTERSTATE COMMODITIES WITHIN AND BETWEEN THESE STATES.
The Resolution was adopted.
The following was introduced:
H. 4961 (Word version) -- Reps. Felder, Bryant, Delleney, King, D. C. Moss, V. S. Moss, B. Newton, Pope, Simrill and Douglas: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOHN MARSHALL
MCCARTER, DISTRICT ENGINEERING ADMINISTRATOR FOR THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-SEVEN YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4965 (Word version) -- Reps. Dillard, Henegan and Henderson-Myers: A HOUSE RESOLUTION TO CONGRATULATE SHARON B. BROWN HARRIOTT ON HER EXCELLENT LEADERSHIP OVER THE PAST FOUR YEARS AND TO WISH HER CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4962 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES BY OTHER STATES AGAINST INSURANCE COMPANIES CHARTERED IN THIS STATE, SO AS TO PROVIDE TITLE INSURERS ONLY MAY INCLUDE THEIR PORTION OF THE PREMIUM IN THE RETALIATORY TAX COMPUTATIONS AND ARE PROHIBITED FROM INCLUDING THESE AMOUNTS IN THE SOUTH CAROLINA COLUMN OF RETALIATORY TAX WORKSHEETS.
Referred to Committee on Labor, Commerce and Industry
H. 4963 (Word version) -- Reps. King, Pendarvis, Gilliard, Govan, Williams, Thigpen, Robinson-Simpson, Alexander, McCravy, M. Rivers, Brawley, Hart, Howard and Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-66-25 SO AS TO PROVIDE PUBLIC SCHOOL DISTRICTS SHALL ENSURE THE CONTINUOUS PRESENCE OF SCHOOL
RESOURCE OFFICERS IN PUBLIC SCHOOLS DURING REGULAR OPERATING HOURS, TO PROVIDE ONE SUCH OFFICER MUST BE PROVIDED FOR EVERY FIVE HUNDRED STUDENTS ENROLLED AT THE SCHOOL, TO PROVIDE VARIOUS MEANS BY WHICH DISTRICTS MAY SATISFY THIS REQUIREMENT, AND TO MAKE THESE PROVISIONS APPLICABLE JULY 1, 2018.
Referred to Committee on Education and Public Works
H. 4964 (Word version) -- Rep. Clemmons: A BILL TO AMEND CHAPTER 11, TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ANTI-MONEY LAUNDERING ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES, TERMS, REQUIREMENTS, LICENSING, FEES, REPORTING, SANCTIONS, AND REMEDIES UNDER THE ACT.
Referred to Committee on Judiciary
The following Bill was taken up:
H. 4618 (Word version) -- Reps. Willis, Elliott and Allison: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REDUCE THE MINIMUM NUMBER OF MOTOR VEHICLE SALES A DEALER MUST MAKE BEFORE HE MAY BE ISSUED A DEALER PLATE AND THE NUMBER OF MOTOR VEHICLES HE MUST SELL BEFORE HE MAY BE ISSUED ADDITIONAL DEALER PLATES, AND TO REDUCE THE NUMBER OF MOTOR VEHICLES THAT MUST BE SOLD BY A DEALER PARTICIPATING IN A MANUFACTURER PROGRAM TO OBTAIN ADDITIONAL PLATES.
Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, February 21, which was agreed to.
The following Bill was taken up:
H. 4475 (Word version) -- Reps. Tallon, Hixon and W. Newton: A BILL TO AMEND SECTION 23-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY AND ITS DIVISIONS, SO AS TO DELETE THE DIVISIONS ESTABLISHED PURSUANT TO THIS SECTION, AND TO DELETE THE PROVISION THAT TRANSFERRED THE RESPONSIBILITIES OF CERTAIN AGENCIES TO THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE THAT THE DEPARTMENT IS COMPRISED OF THE DIVISIONS OUTLINED IN THIS CHAPTER, AND TO PROVIDE THAT THE DEPARTMENT SHALL MAINTAIN A LIST OF ITS DIVISIONS ON THE DEPARTMENT'S WEBSITE.
Rep. MCCOY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Blackwell Bowers Brawley Brown Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Mace Magnuson Martin McCoy McGinnis McKnight D. C. Moss V. S. Moss Murphy
B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4479 (Word version) -- Reps. Tallon, Hixon and W. Newton: A BILL TO AMEND SECTION 23-23-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL IS AUTHORIZED TO APPOINT ATTORNEYS EMPLOYED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO SIT AS HEARING OFFICERS FOR CONTESTED CASE HEARINGS; AND BY ADDING SECTION 23-23-150, SO AS TO PROVIDE THAT NO PERSON WHO HAS A PENDING ALLEGATION OF MISCONDUCT MAY BE EMPLOYED AS A LAW ENFORCEMENT OFFICER OR AS A TELECOMMUNICATIONS OPERATOR, MAY HAVE THE AUTHORITY OF A LAW ENFORCEMENT OFFICER, PERFORM ANY DUTIES OF A LAW ENFORCEMENT OFFICER, OR EXERCISE THE POWER OF ARREST UNTIL THE LAW ENFORCEMENT TRAINING COUNCIL OR AN APPELLATE COURT HAS ISSUED A DECISION AUTHORIZING THE PERSON
TO BE EMPLOYED IN THOSE AREAS, TO PROVIDE THAT A PERSON AGAINST WHOM AN ALLEGATION OF MISCONDUCT HAS BEEN RECEIVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL BE NOTIFIED BY CERTIFIED MAIL OF THE ALLEGATION OF MISCONDUCT AND HIS RIGHT TO A CONTESTED CASE HEARING, TO PROVIDE THAT A PERSON AGAINST WHOM AN ALLEGATION OF MISCONDUCT HAS BEEN RECEIVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY MUST REQUEST A CONTESTED CASE HEARING WITHIN SIXTY DAYS AFTER RECEIPT OF THE ALLEGATION OF MISCONDUCT AND RIGHT TO A CONTESTED CASE HEARING, AND TO PROVIDE FOR THE PROCEDURES OF A CONTESTED CASE HEARING.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4479 (COUNCIL\SD\4479C001.NL.SD18):
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Chapter 23, Title 26 of the 1976 Code is amended by adding:
"Section 23-23-150. (A) No person who has a pending allegation of misconduct, as this term is defined in the Law Enforcement Training Council regulations, may be employed as a law enforcement officer or as a telecommunications operator; have the authority of a law enforcement officer; perform any duties of a law enforcement officer, including those duties involving the control and direction of members of the public, detainees, or prisoners; or exercise the power of arrest until:
(1) the Law Enforcement Training Council has issued a final agency decision that the person may be granted certification, be granted certification with probation, be granted certification with any additional requirements deemed just and proper by the council, or be granted certification with a public reprimand; or
(2) an appellate court issues a ruling that the Law Enforcement Training Council shall issue the person his law enforcement certification or telecommunications certification and the Law Enforcement Training Council or Criminal Justice Academy has not appealed the ruling.
(B) Every law enforcement candidate, law enforcement officer, or telecommunications operator is required to notify the South Carolina Criminal Justice Academy of his current address.
(C) A person against whom an allegation of misconduct has been received by the South Carolina Criminal Justice Academy shall be
notified by certified mail of the allegation of misconduct and his right to a contested case hearing.
(D) A person against whom an allegation of misconduct has been received by the South Carolina Criminal Justice Academy has sixty days to request a contested case hearing after receipt of the allegation of misconduct and right to a contested case hearing. A person who fails to request a contested case hearing within the time allowed shall be deemed to have waived his right to a contested case hearing. The Law Enforcement Training Council shall proceed to enter a final agency decision to permanently deny the person from being issued his law enforcement certification or telecommunications certification. Hearings must be scheduled and conducted as expeditiously and efficiently as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. The South Carolina Criminal Justice Academy shall schedule a contested hearing within sixty days of receiving a request for a hearing.
(E) The parties will be notified via certified mail of the hearing officer's recommendation to the full Law Enforcement Training Council. A party opposing the recommendation may file a motion in opposition of the hearing officer's recommendation within fifteen days of receipt. Within ten days of receipt of the motion in opposition, a party supporting the recommendation may file a motion in support of the hearing officer's recommendation. These motions shall be submitted to the full Law Enforcement Training Council, along with the recommendation, hearing transcript, and exhibits. The Law Enforcement Training Council may schedule oral arguments for the next quarterly scheduled meeting. After reviewing the motions, recommendation, hearing transcript, and exhibits, the council may vote and issue a final agency decision at any time other than at a quarterly or special meeting.
(F) An allegation of law enforcement certification misconduct shall not be accepted in an original personnel change in status form, amended form, or any other form more than thirty days after an officer's separation from an agency, unless extenuating circumstances exist, as determined by the Law Enforcement Training Council." /
Renumber sections to conform.
Amend title to conform.
Rep. TALLON explained the amendment.
Rep. TALLON spoke in favor of the amendment.
Reps. MCKNIGHT, MCCOY, TAYLOR, YOUNG, HIXON, FORREST, HIOTT, BROWN, GILLIARD, PENDARVIS, ALLISON, FORRESTER, SANDIFER, MARTIN, COLE, G. R. SMITH, LOFTIS, DANING, CLARY, DAVIS, CLYBURN, DOUGLAS, HART, THIGPEN, KNIGHT, KING, TOOLE, WILLIAMS and JEFFERSON requested debate on the Bill.
Rep. PENDARVIS moved that the House do now adjourn, which was agreed to.
At 1:30 p.m. the House, in accordance with the motion of Rep. WEST, adjourned in memory of Bobby "Bob" Burriss, Sr., to meet at 10:00 a.m. tomorrow.
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