Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 82:3: "Give justice to the weak and the orphan; maintain the right of the lowly and the destitute."
Let us pray. Gracious Heavenly Father, we call upon You for guidance in leading these Representatives and staff as they continue the work assigned to them. Help them remember the lowly and destitute, those who are weak and need Your comfort. Bless each as they strive to do what is right in Your sight. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in this vineyard of Yours. 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, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CHUMLEY moved that when the House adjourns, it adjourn in memory of Billy Dean "B.J." Simmons, Jr., which was agreed to.
The House stood in silent prayer for Representative Jimmy Bales.
The following was introduced:
H. 5164 (Word version) -- Reps. G. R. Smith, Clemmons, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, 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, 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 THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL FOR SIGNIFICANT CONTRIBUTIONS UPON THE OCCASION OF ITS FORTY-FIFTH ANNIVERSARY AND TO CONGRATULATE ITS BOARD OF DIRECTORS AND CHIEF EXECUTIVE OFFICER LISA B. NELSON.
The Resolution was adopted.
The Senate sent to the House the following:
S. 811 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO URGE THE FEDERAL GOVERNMENT TO WORK EXPEDITIOUSLY TO REMOVE BARRIERS TO CONDUCTING RESEARCH ON THE USE OF CANNABIS TO TREAT MEDICAL CONDITIONS AND ILLNESSES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1053 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 15, 2018.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1098 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE TUESDAY, APRIL 10, 2018, AS "DONOR DAY" IN SOUTH CAROLINA; TO HONOR ALL THOSE WHO HAVE MADE THE DECISION TO GIVE THE GIFT OF LIFE; TO FOCUS ATTENTION ON THE EXTREME NEED FOR ORGAN, EYE, AND TISSUE DONATION; AND TO ENCOURAGE ALL RESIDENTS TO TAKE ACTION AND SIGN UP ON SOUTH CAROLINA'S ORGAN AND TISSUE DONOR REGISTRY AT THEIR LOCAL SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES OFFICE OR AT DONATE LIFE SOUTH CAROLINA'S WEBSITE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
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 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 King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis 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 Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
The SPEAKER granted Rep. ERICKSON a leave of absence for the day.
The SPEAKER granted Rep. JORDAN a leave of absence due to a death in the family.
The SPEAKER granted Rep. V. S. MOSS a leave of absence due to medical reasons.
The SPEAKER granted Rep. M. RIVERS a leave of absence for the day.
The SPEAKER granted Rep. NORRELL a leave of absence for the day.
Announcement was made that Dr. Coleman F. Buckhouse of Florence was the Doctor of the Day for the General Assembly.
Rep. HUGGINS presented to the House the Ben Lippen School Boys Cross Country Team and the Ben Lippen School Girls Cheer Squad, coaches, and other school officials.
Rep. MCEACHERN presented to the House the W. J. Keenan High School Girls Varsity Basketball Team, coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3003 (Word version)
Date: ADD:
03/21/18 YOW
Bill Number: H. 3581 (Word version)
Date: ADD:
03/21/18 FORREST
Bill Number: H. 4392 (Word version)
Date: ADD:
03/21/18 BERNSTEIN
Bill Number: H. 4418 (Word version)
Date: ADD:
03/21/18 ARRINGTON, PUTNAM, ALLISON, SOTTILE, SIMRILL and WEST
Bill Number: H. 4795 (Word version)
Date: ADD:
03/21/18 BRADLEY
Bill Number: H. 4802 (Word version)
Date: ADD:
03/21/18 DOUGLAS
Bill Number: H. 4838 (Word version)
Date: ADD:
03/21/18 COBB-HUNTER
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4968 (Word version) -- Reps. Hiott, Clary and Collins: A BILL TO AMEND ACT 489 OF 1998, RELATING TO THE ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER, SO AS TO DESIGNATE THE OFFICE OF THE PICKENS COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AS THE POLLING LOCATION FOR THE ELECTION; TO ESTABLISH A THREE-WEEK VOTING PERIOD DURING THE BOARD'S NORMAL HOURS OF OPERATION IN WHICH TO CONDUCT THE ELECTION, TO AUTHORIZE ABSENTEE VOTING, AND TO SPECIFY WHEN THE BOARD OF VOTER REGISTRATION AND ELECTIONS OF PICKENS COUNTY SHALL MEET TO CERTIFY RESULTS.
H. 4710 (Word version) -- Reps. Hill, Williams, McKnight, Yow, West, Gagnon, McCravy, Wheeler, Parks, Henegan, Caskey, Gilliard, Brown, B. Newton, Allison, Chumley, Long, Elliott, Henderson and Blackwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 147 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE PERSIAN GULF WAR VETERAN SPECIAL LICENSE PLATES.
H. 3826 (Word version) -- Reps. Huggins, Bedingfield, Fry, Henderson, Johnson, Hewitt, Crawford, Duckworth, Allison, Forrester, Tallon, Hamilton, Felder, Elliott, B. Newton, Martin, Erickson, Dillard, G. R. Smith, Robinson-Simpson, Long, Taylor, Hixon, Arrington, Bennett, W. Newton, Putnam and Cogswell: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A COUNTERFEIT-RESISTANT PRESCRIPTION BLANK, WHICH MUST BE USED BY PRACTITIONERS FOR THE PURPOSE OF PRESCRIBING CONTROLLED SUBSTANCES.
H. 4117 (Word version) -- Reps. Henderson, Bedingfield and Fry: A BILL TO AMEND SECTION 44-53-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO CONFIDENTIALITY OF DATA IN THE PRESCRIPTION MONITORING PROGRAM, SO AS TO ADD AN EXCEPTION FOR THE PROVISION OF DATA TO DRUG COURTS.
H. 4600 (Word version) -- Reps. Huggins, Bedingfield, Alexander, Dillard, Douglas, Erickson, Fry, Henderson, Hewitt, Ridgeway, Spires, West, Norrell, Weeks, Rutherford and Atwater: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-130-70 SO AS TO AUTHORIZE CERTAIN COMMUNITY ORGANIZATIONS TO DISTRIBUTE OPIOID ANTIDOTES TO A PERSON AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE OR TO A CAREGIVER OF SUCH A PERSON; AND TO AMEND SECTION 44-130-20, RELATING TO TERMS DEFINED IN THE SOUTH CAROLINA OVERDOSE PREVENTION ACT, SO AS TO ADD A DEFINITION FOR "COMMUNITY DISTRIBUTOR".
H. 4602 (Word version) -- Reps. Henderson, Bedingfield, Alexander, Dillard, Douglas, Erickson, Fry, Hewitt, Huggins, Ridgeway, West, Norrell, Weeks, Rutherford and Atwater: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-130-70 SO AS TO REQUIRE HOSPITAL EMERGENCY DEPARTMENT PHYSICIANS AND PHARMACISTS TO SUBMIT CERTAIN INFORMATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) FOR INCLUSION IN THE PRESCRIPTION MONITORING PROGRAM WHEN A PERSON IS ADMINISTERED AN OPIOID ANTIDOTE; TO AMEND SECTION 44-130-60, RELATING TO THE AUTHORITY OF FIRST RESPONDERS TO ADMINISTER OPIOID ANTIDOTES, SO AS TO REQUIRE FIRST RESPONDERS TO SUBMIT CERTAIN INFORMATION TO DHEC FOR INCLUSION IN THE PRESCRIPTION MONITORING PROGRAM; TO AMEND SECTION 44-53-1640, AS AMENDED, RELATING TO THE PRESCRIPTION MONITORING PROGRAM, SO AS TO REQUIRE THE PROGRAM TO MONITOR THE ADMINISTERING OF OPIOID ANTIDOTES BY FIRST RESPONDERS AND IN EMERGENCY HEALTH CARE SETTINGS; AND TO AMEND SECTION 44-53-1645, RELATING TO THE REQUIREMENT OF PRACTITIONERS TO REVIEW A PATIENT'S CONTROLLED SUBSTANCE PRESCRIPTION HISTORY BEFORE PRESCRIBING A SCHEDULE II CONTROLLED SUBSTANCE, SO AS TO ALSO REQUIRE A REVIEW OF ANY INCIDENTS IN WHICH THE PATIENT HAS BEEN ADMINISTERED AN OPIOID ANTIDOTE BY A FIRST RESPONDER OR IN AN EMERGENCY HEALTH CARE SETTING.
H. 4485 (Word version) -- Reps. Henderson and W. Newton: A BILL TO AMEND SECTION 44-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 44-1-60, RELATING TO APPEALS FROM ADMINISTRATIVE DECISIONS OF THE DEPARTMENT, SO AS TO CLARIFY THAT NOTICE MAY BE PROVIDED ELECTRONICALLY UPON REQUEST; TO AMEND SECTION 44-1-130, RELATING TO THE DEPARTMENT'S AUTHORITY TO ESTABLISH HEALTH DISTRICTS AND DISTRICT ADVISORY BOARDS, SO AS TO ELIMINATE HEALTH ADVISORY BOARDS AND CHANGE CERTAIN TERMINOLOGY; AND TO REPEAL ARTICLE 3, CHAPTER 3, TITLE 44 RELATING TO THE CATAWBA HEALTH DISTRICT.
H. 4946 (Word version) -- Reps. Erickson, Bradley, Bowers and M. Rivers: A BILL TO AMEND SECTION 50-5-1005, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHELLFISH IMPORTATION PERMITS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO PERSONS TO POSSESS, PRODUCE, PURCHASE, OR SELL GENETICALLY MODIFIED SHELLFISH, AND THE PROVISION THAT PROHIBITS THE PLACEMENT OF GENETICALLY MODIFIED SHELLFISH IN THE WATERS OF THIS STATE WITHOUT A PERMIT.
H. 4877 (Word version) -- Reps. Clemmons and Bales: A BILL TO AMEND SECTION 40-56-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF PYROTECHNIC SAFETY, SO AS TO REVISE THE MEMBERSHIP BY DESIGNATING ONE ADDITIONAL SEAT FOR A MEMBER WHO IS A PYROTECHNIC RETAILER AND ELIMINATING ONE SEAT DESIGNATED FOR A MEMBER OF THE GENERAL PUBLIC.
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.
The following Bill was taken up:
H. 4875 (Word version) -- Reps. Ott and Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 50 SO AS TO ENACT THE "SOUTH CAROLINA SOLAR HABITAT ACT" TO ESTABLISH VOLUNTARY SOLAR BEST-MANAGEMENT PRACTICES FOR COMMERCIAL SOLAR ENERGY GENERATION SITES, TO ESTABLISH A NATIVE VEGETATION HABITAT AND POLLINATOR MANAGEMENT PLAN TO BE USED AS TECHNICAL GUIDANCE FOR THE PURPOSES OF THIS ACT, AND TO PROVIDE THAT CERTIFICATES OF COMPLIANCE MAY BE ISSUED TO ENTITIES THAT MEET SOLAR SITE GUIDELINES ESTABLISHED PURSUANT TO THIS ACT.
Rep. S. RIVERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Loftis Lowe Lucas Mace Mack Martin McCoy McEachern McGinnis B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Bryant Felder Hill Long Magnuson McCravy D. C. Moss Pitts Putnam Stringer White
The Bill was read the third time and ordered sent to the Senate.
I was temporarily out of the Chamber on constituent business during the vote on H. 4875. If I had been present, I would have voted in favor the Bill.
Rep. Patsy Knight
The following Bill was taken up:
H. 4795 (Word version) -- Reps. Herbkersman, Simrill, W. Newton and Bradley: 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, which was adopted.
The following Bill was taken up:
H. 3825 (Word version) -- Reps. Huggins, Bedingfield, Fry, Henderson, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Elliott, Hamilton, G. R. Smith, Jordan, B. Newton, Martin, Erickson, Long, Bradley, Weeks, Taylor, Putnam and Cogswell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-1655 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE PRESCRIPTION REPORT CARDS TO PRACTITIONERS UTILIZING THE PRESCRIPTION MONITORING PROGRAM THAT INCLUDE DATA RELEVANT TO A PRACTITIONER'S PRESCRIBING PRACTICES; AND TO AMEND SECTION 44-53-1650, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF PRESCRIPTION MONITORING PROGRAM DATA, SO AS TO ALLOW THE RELEASE OF PRESCRIPTION REPORT CARDS TO PRACTITIONERS.
Reps. FRY and HENDERSON proposed the following Amendment No. 1 to H. 3825 (COUNCIL\VR\3825C002.CC.VR18):
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-1655(A) and inserting:
/ "Section 44-53-1655. (A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum:
(1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;
(2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code over by specific substances to peer averages by specialty throughout the State;
(3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day;
(4) the total number of patients receiving opioid medications for thirty days or more;
(5) the total number of patients receiving opioids and benzodiazepines medications at the same time;
(6) the total number of patients issued prescriptions from three or more practitioners;
(7) the total number of patients filling prescriptions at three or more pharmacies;
(8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap;
(9) the total number of patients obtaining refills on their prescriptions more than one week early; and
(10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued.
The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards are not subject to the South Carolina Freedom of Information Act or discoverable under the South Carolina Rules of Civil Procedure. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
Rep. FRY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4112 (Word version) -- Reps. Bedingfield, Fry, Henderson, Huggins, Rutherford and Stringer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-363 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A VOLUNTARY NONOPIOID DIRECTIVE FORM TO ALLOW A PERSON TO DENY OR REFUSE THE ADMINISTERING OR PRESCRIBING OF A CONTROLLED SUBSTANCE CONTAINING AN OPIOID BY A PRACTITIONER, TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS AND DEVELOP GUIDELINES, TO PROVIDE CERTAIN IMMUNITIES FROM CIVIL AND CRIMINAL LIABILITY FOR PHARMACISTS, PRACTITIONERS, AND OTHERS, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE IN LIMITED CIRCUMSTANCES.
Rep. FRY moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up:
H. 4487 (Word version) -- Reps. Henderson, Hewitt, Robinson-Simpson, Fry, West, Atwater, Erickson, Norrell, Weeks, Douglas, Ridgeway, Dillard, Huggins and W. Newton: A BILL TO AMEND SECTION 44-53-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULING OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE A PROCESS FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) TO SCHEDULE CERTAIN SUBSTANCES ON AN EMERGENCY BASIS; TO AMEND SECTION 44-53-280, RELATING TO REGISTRATIONS TO MANUFACTURE, DISTRIBUTE, OR DISPENSE CONTROLLED SUBSTANCES, SO AS TO ELIMINATE REGISTRATION RENEWAL GRACE PERIODS; TO AMEND SECTION 44-53-290, RELATING IN PART TO REGISTRATIONS ISSUED TO PRACTITIONERS TO DISPENSE NARCOTICS FOR MAINTENANCE OR DETOXIFICATION TREATMENTS AND TO NURSE PRACTITIONERS AND PHYSICIAN ASSISTANTS TO PRESCRIBE SCHEDULE V DRUGS, SO AS TO CHANGE CERTAIN REQUIREMENTS; TO AMEND SECTION 44-53-310, RELATING TO APPLICATIONS FOR REGISTRATIONS TO MANUFACTURE, DISTRIBUTE, OR DISPENSE CONTROLLED SUBSTANCES, SO AS TO ALLOW DHEC TO DENY AN APPLICATION FOR REGISTRATION FOR ANY CRIMINAL CONVICTION; TO AMEND SECTION 44-53-480, RELATING TO THE DEPARTMENT OF NARCOTICS AND DANGEROUS DRUGS WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED), SO AS TO ELIMINATE ENFORCEMENT OF DRUG LAWS AS A FUNCTION OF DHEC; AND TO REPEAL SECTION 44-53-560 RELATING TO THE TRANSFER OF AGENTS FROM DHEC TO SLED.
Reps. HENDERSON, WHITMIRE, FORREST, FRY, HIOTT, DANING, BRYANT, BENNETT, DILLARD, BURNS, ARRINGTON and CROSBY requested debate on the Bill.
The following Bill was taken up:
H. 4601 (Word version) -- Reps. Fry, Bedingfield, Alexander, Dillard, Douglas, Erickson, Henderson, Hewitt, Huggins, Ridgeway, Spires, West, Norrell, Weeks, Rutherford and Atwater: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-225 SO AS TO PROVIDE CRITERIA FOR LICENSURE AS AN ADDICTION COUNSELOR; TO AMEND SECTION 40-75-5, RELATING TO CERTAIN PROVISIONS GENERALLY APPLICABLE TO BOARD REGULATION OF PROFESSIONS AND OCCUPATIONS, SO AS TO INCLUDE ADDICTION COUNSELORS; TO AMEND SECTION 40-75-10, AS AMENDED, RELATING TO THE BOARD OF EXAMINERS FOR LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND PSYCHO-EDUCATIONAL SPECIALISTS, SO AS TO INCLUDE ADDICTION COUNSELORS; TO AMEND SECTION 40-75-20, RELATING TO DEFINITIONS, SO AS TO MAKE REVISIONS; TO AMEND SECTION 40-75-30, RELATING TO THE REQUIREMENT OF LICENSURE BY THE BOARD TO PRACTICE CERTAIN PROFESSIONS, SO AS TO INCLUDE ADDICTION COUNSELORS; TO AMEND SECTION 40-75-50, RELATING TO THE BOARD, SO AS TO REMOVE DUTIES CONCERNING THE ESTABLISHMENT AND FUNCTION OF STANDARDS COMMITTEES; TO AMEND SECTION 40-75-110, RELATING TO DISCIPLINARY PROCEEDINGS CONCERNING BOARD LICENSEES, SO AS TO INCLUDE ADDICTION COUNSELORS; TO AMEND SECTION 40-75-190, RELATING TO CONFIDENTIALITY OF CLIENT COMMUNICATIONS BY LICENSEES, SO AS TO INCLUDE ADDICTION COUNSELORS AND TO REVISE EXCEPTIONS; TO AMEND SECTION 40-75-220, RELATING TO REQUIREMENTS FOR PROFESSIONAL COUNSELOR LICENSURE AND FAMILY AND MARRIAGE THERAPIST LICENSURE, SO AS TO REVISE THOSE REQUIREMENTS AND PROVIDE ADDITIONAL REQUIREMENTS FOR ADDICTION COUNSELOR LICENSURE; TO AMEND SECTION 40-75-230, RELATING TO REQUIREMENTS FOR PROFESSIONAL COUNSELOR SUPERVISOR LICENSURE AND FAMILY AND MARRIAGE THERAPIST SUPERVISOR LICENSURE, SO AS TO MAKE THOSE REQUIREMENTS APPLICABLE TO ADDICTION COUNSELOR SUPERVISOR LICENSURE; TO AMEND SECTION 40-75-240, RELATING TO INTERN LICENSES, SO AS TO REPLACE THE TERM "INTERN" WITH "ASSOCIATE" AND TO INCLUDE ADDICTION COUNSELOR INTERNS; TO AMEND SECTION 40-75-250, RELATING TO THE ISSUANCE OF DISPLAY OF LICENSES ISSUED BY THE BOARD, SO AS TO INCLUDE ADDICTION COUNSELOR LICENSES AND ADDICTION COUNSELOR ASSOCIATE LICENSES; TO AMEND SECTION 40-75-260, RELATING TO RECIPROCITY AGREEMENTS WITH OTHER STATES, SO AS TO INCLUDE ADDICTION COUNSELOR CREDENTIALS; TO AMEND SECTION 40-75-285, RELATING TO THE APPLICABILITY OF ARTICLE 1, CHAPTER 75, TITLE 40, SO AS TO INCLUDE ADDICTION COUNSELORS; AND TO AMEND SECTION 40-75-290, RELATING TO PERSONS NOT APPLICABLE TO ARTICLE 1, CHAPTER 75, TITLE 40, SO AS TO REMOVE PROVISIONS CONCERNING CERTAIN ADDICTION COUNSELORS; TO REDESIGNATE CHAPTER 75, TITLE 40 AS "PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, ADDICTION COUNSELORS, AND PSYCHO-EDUCATIONAL SPECIALISTS", AND TO REDESIGNATE ARTICLE 1, CHAPTER 75, TITLE 40 AS "PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND ADDICTION COUNSELORS".
Rep. PENDARVIS proposed the following Amendment No. 2 to H. 4601 (COUNCIL\WAB\4601C002.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 in its entirety and inserting:
/ SECTION 3. Section 40-75-10 of the 1976 Code is amended to read:
"Section 40-75-10. (A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, Addiction Counselors, and Psycho-Educational Specialists composed of nine eleven members appointed by the Governor. Of the nine eleven members, seven nine must be professional members, one with representation from each congressional district in the State. Of the professional members, three must be licensed professional counselors, one of whom two must be a certified addictions counselor licensed addiction counselors, three must be marriage and family therapists, and one must be a psycho-educational specialist. The remaining two members must be at large from the general public and must not be associated with, or financially interested in, the practice of professional counseling, marriage and family therapy, addiction counseling, or psycho-educational services.
(B) The membership must be representative of race, ethnicity, and gender. The seven eight professional members must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, marriage and family therapists, addiction counselors, or psycho-educational specialists for at least five years prior to appointment. Members may be licensed as a licensed professional counselor and a, marriage and family therapist, addiction counselor, or psycho-educational specialist. Members are eligible for reappointment. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. Each member shall receive per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations." /
Renumber sections to conform.
Amend title to conform.
Rep. PENDARVIS spoke in favor of the amendment.
The amendment was then adopted.
Rep. FRY explained the Bill.
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 Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Jefferson Johnson King Kirby Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Parks Pendarvis Pitts Pope Putnam Ridgeway 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 Willis Young Yow
Those who voted in the negative are:
Hill Magnuson
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4601. If I had been present, I would have voted in favor the Bill.
Rep. Patsy Knight
The SPEAKER granted Rep. BALES a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4603 (Word version) -- Reps. Bedingfield, Alexander, Dillard, Douglas, Erickson, Fry, Henderson, Hewitt, Huggins, Spires, West, Norrell, Weeks, Rutherford and Atwater: A BILL TO AMEND SECTION 44-53-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIBING LIMITATIONS, SO AS TO LIMIT INITIAL PRESCRIPTIONS OF AN OPIOID MEDICATION FOR ACUTE PAIN MANAGEMENT OR POSTOPERATIVE PAIN MANAGEMENT TO A FIVE-DAY SUPPLY, WITH EXCEPTIONS.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4603 (COUNCIL\VR\4603C001.CC.VR18), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-360( )(1) and inserting:
/ ( )(1) Initial opioid prescriptions for acute pain management must not exceed a five-day supply. Initial opioid prescriptions for postoperative pain management must not exceed a fourteen-day supply, except when clinically indicated for chronic pain, cancer pain, hospice care, palliative care, or medication-assisted treatment for substance abuse. Upon any subsequent consultation for the same pain, the practitioner may issue any appropriate renewal, refill, or new opioid prescription. /
Renumber sections to conform.
Amend title to conform.
Rep. HART moved to table the amendment, which was agreed to.
Reps. FRY and HENDERSON proposed the following Amendment No. 2 to H. 4603 (COUNCIL\VR\4603C002.CC.VR18), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-360( )(1) and inserting:
/ ( )(1) Initial opioid prescriptions for acute pain management must not exceed a seven-day supply. Initial opioid prescriptions for postoperative pain management must not exceed a seven-day supply, except when clinically indicated for chronic pain, cancer pain, hospice care, palliative care, or medication-assisted treatment for substance abuse. Upon any subsequent consultation for the same pain, the practitioner may issue any appropriate renewal, refill, or new opioid prescription. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY moved to table the amendment, which was agreed to.
Reps. FRY and HENDERSON proposed the following Amendment No. 3 to H. 4603 (COUNCIL\VR\4603C005.CC.VR18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-360( )(1) and inserting:
/ ( )(1) Initial opioid prescriptions for acute pain management or postoperative pain management must not exceed a seven-day supply, except when clinically indicated for chronic pain, cancer pain, hospice care, palliative care, major trauma, major surgery, treatment of sickle cell anemia, or medication-assisted treatment for substance abuse. Upon any subsequent consultation for the same pain, the practitioner may issue any appropriate renewal, refill, or new opioid prescription. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
Rep. FRY spoke in favor of the amendment.
The amendment was then adopted.
Rep. BAMBERG spoke in favor of the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Cobb-Hunter Cogswell Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Forrester Fry Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Howard Huggins Jefferson Johnson King Knight Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Parks Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Toole Trantham Weeks 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.
Rep. KING moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 4795 (Word version) -- Reps. Herbkersman, Simrill, W. Newton and Bradley: 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. FORREST moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3825 (Word version) -- Reps. Huggins, Bedingfield, Fry, Henderson, Johnson, Hewitt, Crawford, Duckworth, Arrington, Allison, Tallon, Elliott, Hamilton, G. R. Smith, Jordan, B. Newton, Martin, Erickson, Long, Bradley, Weeks, Taylor, Putnam and Cogswell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-1655 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE PRESCRIPTION REPORT CARDS TO PRACTITIONERS UTILIZING THE PRESCRIPTION MONITORING PROGRAM THAT INCLUDE DATA RELEVANT TO A PRACTITIONER'S PRESCRIBING PRACTICES; AND TO AMEND SECTION 44-53-1650, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF PRESCRIPTION MONITORING PROGRAM DATA, SO AS TO ALLOW THE RELEASE OF PRESCRIPTION REPORT CARDS TO PRACTITIONERS.
Reps. FRY and HENDERSON proposed the following Amendment No. 1 to H. 3825 (COUNCIL\VR\3825C002.CC.VR18), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-1655(A) and inserting:
/ Section 44-53-1655. (A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum:
(1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;
(2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code over by specific substances to peer averages by specialty throughout the State;
(3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day;
(4) the total number of patients receiving opioid medications for thirty days or more;
(5) the total number of patients receiving opioids and benzodiazepines medications at the same time;
(6) the total number of patients issued prescriptions from three or more practitioners;
(7) the total number of patients filling prescriptions at three or more pharmacies;
(8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap;
(9) the total number of patients obtaining refills on their prescriptions more than one week early; and
(10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued.
The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards are not subject to the South Carolina Freedom of Information Act or discoverable under the South Carolina Rules of Civil Procedure. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY moved to table the amendment, which was agreed to.
Reps. FRY, HENDERSON and G. M. SMITH proposed the following Amendment No. 2 to H. 3825 (COUNCIL\VR\3825C001.CC.VR18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-1655(A) and inserting:
/ Section 44-53-1655. (A) The department shall develop and maintain as part of the prescription monitoring program a system to provide prescription report cards to practitioners to inform the practitioner about certain prescribing trends. The report card must provide, at a minimum:
(1) a comparison of the practitioner's number of prescriptions issued per month by therapeutic class code or by specific substances to peer averages by specialty throughout the State;
(2) a comparison of the practitioner's number of milligrams prescribed per month by therapeutic class code over by specific substances to peer averages by specialty throughout the State;
(3) the total number of patients receiving ninety morphine milligram equivalents (MMEs) or more a day;
(4) the total number of patients receiving opioid medications for thirty days or more;
(5) the total number of patients receiving opioids and benzodiazepines medications at the same time;
(6) the total number of patients issued prescriptions from three or more practitioners;
(7) the total number of patients filling prescriptions at three or more pharmacies;
(8) the total number of patients with controlled substance prescriptions whose dispensing dates overlap;
(9) the total number of patients obtaining refills on their prescriptions more than one week early; and
(10) the total number of prescription drug monitoring program queries made by the practitioner and a ratio of the queries to the number of patients or prescriptions issued.
The report card also must provide data on the number of practitioners registered against which the comparisons of items (1) and (2) are being made and any other demographic data relating to the pool of practitioners and may include regional or nationwide prescribing comparison data that would be useful to the practitioner. Prescription report cards, data, documents, records, and any other information accessed or compiled in preparing prescription report cards, are confidential and not subject to discovery, subpoena, or introduction into evidence in any civil action, unless confidentiality is waived by the practitioner. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Arrington Atkinson Atwater Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Caskey Clary Clemmons Cobb-Hunter Cogswell Cole Collins Crosby Daning Davis Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gilliard Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Hewitt Hiott Hixon Howard Huggins Johnson King Knight Lowe Lucas Mack Martin McCoy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pope Ridgeway S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Trantham Weeks West Whitmire Willis Young Yow
Those who voted in the negative are:
Chumley Gagnon Hill Long Mace Magnuson McCravy D. C. Moss Pitts Putnam Stringer Thayer Toole White
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4410 (Word version) -- Reps. Henderson, Henegan and W. Newton: A BILL TO AMEND SECTION 44-34-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF TATTOO FACILITIES, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSESS MONETARY PENALTIES AGAINST PERSONS OPERATING UNLICENSED TATTOO FACILITIES.
Rep. W. NEWTON proposed the following Amendment No. 1 to H. 4410 (COUNCIL\VR\4410C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 44-34-80 of the 1976 Code is amended to read:
"Section 44-34-80. The department may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke may impose a monetary penalty, as established in regulation promulgated by the department, on a facility or person upon evidence as determined by the department that the licensee of the facility or the person under this chapter has:
(1) failed to maintain a business address or telephone number at which the tattoo facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;
(3) obtained a tattoo facility license through fraud or deceit; or
(4) violated any applicable law or regulation; or
(5) operated a tattoo facility without a license as required by this chapter." /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON 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:
Allison Anderson Anthony Atkinson Atwater Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Douglas Duckworth Elliott Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hixon Howard Huggins Jefferson Johnson King Knight Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Parks Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham West 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.
The following Bill was taken up:
H. 4412 (Word version) -- Rep. Henderson: A BILL TO AMEND SECTION 13-7-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REGULATION OF TANNING ESTABLISHMENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSPECT SOURCES OF NONIONIZING RADIATION AND TO RETAIN FEES TO ADMINISTER THE PROGRAM.
Rep. W. NEWTON moved to adjourn debate on the Bill until Tuesday, April 3, which was agreed to.
The following Bill was taken up:
H. 4426 (Word version) -- Reps. Henderson, Henegan and W. Newton: A BILL TO AMEND SECTION 44-32-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF BODY PIERCING FACILITIES, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE MONETARY PENALTIES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4426 (COUNCIL\VR\4426C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-32-20(B) of the 1976 Code is amended to read:
"(B) Prior to applying to the department for a permit license, a body piercing facility must ensure that all body piercing technicians obtain a certificate attesting to the successful completion of a course in blood-borne pathogens and body piercing infection control as approved by the department; the body piercing facility must then apply for and obtain a permit license issued by the department, who shall issue such permits licenses, renewable annually, upon presentation of a certificate of each body piercing technician's initial and annual certification of successful completion of a course in blood-borne pathogens and body piercing infection control and payment of an annual permitting license fee of three hundred dollars per body piercing facility."
SECTION 2. Section 44-32-40(A) of the 1976 Code is amended to read:
"(A) Every person engaged in the business of body piercing shall register by October 1, 2000, with the department. Upon completion of all the requirements of permitting licensing, the body piercing facility shall receive a body piercing permit license. A permitted licensed facility shall:
(1) obtain a copy of the department's standards from the department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards;
(2) provide the department with its business address and the address at which the permittee licensee performs any activity regulated by this chapter;
(3) pay an annual permit license fee of three hundred dollars to the department;
(4) post the body piercing facility permit license in a conspicuous place on the premises of a licensed body piercing facility."
SECTION 3. Section 44-32-50(A) of the 1976 Code is amended to read:
"(A) A body piercing technician must be at least eighteen years old and shall possess a current Red Cross First Aid certification or an American Safety and Health Institute certification, or certification from a program that meets or exceeds the certification standards of the Red Cross First Aid or the American Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR) certification. The Red Cross First Aid certification must be renewed every three years, and the Adult CPR certification must be renewed annually. A body piercing technician must conspicuously display:
(1) the annual certificate of successful completion of a course in CPR and infection control as approved by the department; and
(2) the annual permit license issued by the department."
SECTION 4. Section 44-32-60(A) of the 1976 Code is amended to read:
"(A) The department may conduct the following inspections of the locations at which permittees licensees under this chapter conduct regulated activities:
(1) an initial inspection which must be successfully completed as a condition of permitting licensure;
(2) an inspection after any complaint is filed with the department; and
(3) no-notice inspections which may be conducted by the department at any time without previous notification to the body piercing facility."
SECTION 5. Section 44-32-80 of the 1976 Code is amended to read:
"Section 44-32-80. The department may revoke, suspend, or refuse to issue or renew a permit license pursuant to this chapter or may place a body piercing facility on probation, and also may impose a monetary penalty on a body piercing facility or person upon proof that the operator of the facility under this chapter or a person has:
(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;
(3) obtained a body piercing facility license through fraud or deceit; or
(4) violated any applicable law or regulation; or
(5) operated a body piercing facility without a license as required by this chapter."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON-SIMPSON spoke in favor of the amendment.
The amendment was then adopted.
Rep. W. NEWTON proposed the following Amendment No. 2 to H. 4426 (COUNCIL\VR\4426C002.NBD.VR18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
/ SECTION 5. Section 44-32-80 of the 1976 Code is amended to read:
"Section 44-32-80. The department may revoke, suspend, or refuse to issue or renew a permit license pursuant to this chapter or may place a body piercing facility on probation, and also may impose a monetary penalty as established in regulation promulgated by the department on a body piercing facility or person upon proof that the operator of the facility under this chapter or a person has:
(1) failed to maintain a business address or telephone number at which the facility may be reached during business hours;
(2) failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;
(3) obtained a body piercing facility license through fraud or deceit; or
(4) violated any applicable law or regulation; or
(5) operated a body piercing facility without a license as required by this chapter." /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON 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:
Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Caskey Chumley Clary Clemmons Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hixon Howard Huggins Jefferson Johnson King Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis 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 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.
The following Bill was taken up:
H. 4438 (Word version) -- Reps. Henderson and W. Newton: A BILL TO AMEND SECTION 40-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING THE LICENSURE OF HEARING AID SPECIALISTS, SO AS TO ALLOW THE DEPARTMENT TO FACILITATE THIRD-PARTY ADMINISTRATION OF QUALIFYING EXAMINATIONS OF APPLICANTS FOR LICENSURE, AND TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS OF THE CHAPTER; TO AMEND SECTION 40-25-50, RELATING TO THE DUTIES OF THE COMMISSION FOR HEARING AID SPECIALISTS, SO AS TO REMOVE THE PREPARATION OF QUALIFYING EXAMINATIONS BY THE COMMISSION; TO AMEND SECTION 40-25-110, RELATING TO APPLICATIONS FOR LICENSURE, SO AS TO ALLOW THE DEPARTMENT TO CHARGE CERTAIN RELATED FEES, AND TO PROVIDE FOR THE USE AND ADMINISTRATION OF THESE FEES; AND TO AMEND SECTION 40-25-150, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS IMPOSE RELATED DUTIES ON THE DEPARTMENT INSTEAD OF THE COMMISSION.
Rep. W. NEWTON proposed the following Amendment No. 1 to H. 4438 (COUNCIL\WAB\4438C001.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, Section 40-25-30(6), as contained in SECTION 1, by deleting the item in its entirety and inserting:
/ (6) suspend or revoke licenses or, require that refunds be made, or impose monetary penalties as established in regulation promulgated by the department for violations; /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON 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:
Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Forrest Forrester 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 Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis 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 Thigpen Toole Trantham Weeks 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.
The following Joint Resolution was taken up:
S. 796 (Word version) -- Senator Sheheen: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE SESTERCENTENNIAL OF THE AMERICAN REVOLUTION IN SOUTH CAROLINA AND TO ESTABLISH THE AMERICAN REVOLUTION SESTERCENTENNIAL COMMISSION OF SOUTH CAROLINA.
Rep. DANING moved to adjourn debate on the Joint Resolution until Wednesday, April 11, which was agreed to.
The following Bill was taken up:
H. 4591 (Word version) -- Reps. D. C. Moss, Bryant, Delleney, McCravy, Spires, Felder, Johnson, Martin, Murphy, Blackwell, Hixon, Pitts, Pope and G. M. Smith: A BILL TO AMEND SECTION 11-35-1524, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENT VENDOR PREFERENCES UNDER THE CONSOLIDATED PROCUREMENT CODE SO AS TO PROVIDE THAT A BUSINESS OWNED BY A SERVICE-DISABLED VETERAN RESIDING IN THIS STATE SHALL RECEIVE A FIVE PERCENT PREFERENCE THROUGH THE USE OF SET-ASIDES ON CONTRACT AWARDS WHERE THE AWARDING PROCUREMENT OFFICER DETERMINES THE BUSINESS IS OTHERWISE QUALIFIED TO PERFORM THE REQUIREMENTS OF THE CONTRACT.
Reps. WHITE, GAGNON, HILL, WEST, THAYER, PUTNAM, TOOLE, BERNSTEIN, J. E. SMITH, HIOTT, BROWN, YOUNG, HAMILTON, FORRESTER, BRADLEY, MARTIN, ANDERSON, BLACKWELL, LOFTIS, KING, OTT and WHITMIRE requested debate on the Bill.
The following Bill was taken up:
H. 5038 (Word version) -- Reps. Atwater, Bradley, Howard, Thayer, Gagnon, Huggins, Hewitt, McGinnis, Hayes, Willis, Spires, Ballentine, G. M. Smith, Sandifer, Norrell, Henderson, Toole, Erickson, Cobb-Hunter, Ott, Ridgeway, McEachern, Douglas, Rutherford, Bernstein, W. Newton, Clary, Anthony, Wheeler, Anderson, Kirby, Alexander, Tallon and Elliott: A BILL TO AMEND SECTION 38-71-2130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A PHARMACY BENEFIT MANAGER, SO AS TO ESTABLISH PROHIBITED ACTS FOR A PHARMACY BENEFIT MANAGER.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 5038 (COUNCIL\WAB\5038 C001.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 20, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-2150. A pharmacy benefit manager may not:
(1) prohibit a pharmacist or pharmacy from providing an insured information on the amount of the insured's cost share for a prescription drug. A pharmacist or pharmacy may not be penalized by a pharmacy benefit manager for discussing such information to an insured or for selling a more affordable alternative to the insured if one is available;
(2) prohibit a pharmacist or pharmacy from offering and providing direct and limited delivery services to an insured as an ancillary service of the pharmacy;
(3) charge or collect a copayment from an insured that exceeds the total submitted charges by the network pharmacy;
(4) charge or hold a pharmacist or pharmacy responsible for a fee relating to the adjudication of a claim unless the fee is reported on the remittance advice of the adjudicated claim or is set out in contract between the pharmacy benefits manager and the pharmacy. This section does not apply with respect to claims under an employee benefit plan under the Employee Retirement Income Security Act of 1974 of Medicare Part D; or
(5) penalize or retaliate against a pharmacist or pharmacy for exercising rights provided pursuant to the provisions of this chapter."
SECTION 2. This act takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER 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 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 Duckworth Elliott Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Mace Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile 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.
The SPEAKER granted Rep. BURNS a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3002 (Word version) -- Reps. Atwater, Elliott, Felder, B. Newton, G. M. Smith, Taylor, Sandifer and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-138 SO AS TO ESTABLISH THAT A REGULATION PROMULGATED UNDER THE ADMINISTRATIVE PROCEDURES ACT EXPIRES FIVE YEARS AFTER JULY 1, 2017, OR THE EFFECTIVE DATE OF THIS ACT, WHICHEVER IS LATER; AND TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO THE APPROVAL OF REGULATIONS, SO AS TO REMOVE LANGUAGE REQUIRING A STATE AGENCY TO PERIODICALLY REVIEW THE REGULATIONS IT PROMULGATES.
The Committee on Regulations and Administrative Procedures proposed the following Amendment No. 1 to H. 3002 (COUNCIL\ CZ\3002C003.NBD.CZ18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Article 1, Chapter 23, Title 1 of the 1976 Code is amended by adding:
"Section 1-23-138. A regulation promulgated or amended under this article after July 1, 2017, or the effective date of this act, whichever occurs last, expires five years from the date on which it becomes effective." /
Amend the bill further by deleting SECTION 3.
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER 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 Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Caskey Chumley Clary Clemmons Clyburn Cogswell Cole Collins Crawford Crosby Daning Davis Delleney Dillard Duckworth Elliott Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis 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 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.
The SPEAKER granted Rep. HIOTT a leave of absence for the remainder of the day.
The SPEAKER granted Rep. COLLINS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. CLARY a leave of absence for the remainder of the day.
The following Joint Resolution was taken up:
H. 5154 (Word version) -- Reps. Fry and Hewitt: A JOINT RESOLUTION CALLING FOR A REFERENDUM TO BE CONDUCTED BY THE HORRY COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AT THE NEXT ELECTION FOR REPRESENTATIVES AMONG THE QUALIFIED ELECTORS OF A TERRITORY PROPOSED TO BE TAKEN FROM GEORGETOWN COUNTY AND GIVEN TO HORRY COUNTY PURSUANT TO SECTION 7, ARTICLE VII, CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING IF APPROVED BY TWO-THIRDS OF THE VOTES CAST, THE GENERAL ASSEMBLY AT ITS NEXT SESSION SHALL PROVIDE BY LAW FOR THE ALTERATION OF THE HORRY-GEORGETOWN COUNTY LINE, AND PROVIDING THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, DURING THE PENDENCY OF THE OUTCOME OF THE REFERENDUM REQUIRED BY THIS JOINT RESOLUTION, IT IS THE GENERAL ASSEMBLY'S INTENT NOT TO AFFECT, ALTER, RELEASE, OR EXTINGUISH ANY EXISTING ACTIONS, RIGHTS, DUTIES, PRACTICES, PENALTIES, FORFEITURES, OR LIABILITIES RESULTING FROM HORRY AND GEORGETOWN COUNTIES' MISINTERPRETATION OF THE ACTUAL HORRY-GEORGETOWN COUNTY LINE AS APPROVED BY THE GENERAL ASSEMBLY AND DELINEATED IN CHAPTER 3, TITLE 4 OF THE 1976 CODE, AND PROVIDING FURTHER THAT HAD THE GENERAL ASSEMBLY INTENDED TO AFFECT, DISTURB, OR DISRUPT THE STATUS QUO REGARDING ANY OF THE FOREGOING DURING THE PENDENCY OF THE OUTCOME OF THE REFERENDUM REQUIRED BY THIS JOINT RESOLUTION, IT SO EXPRESSLY WOULD HAVE PROVIDED.
Rep. FRY explained the Joint Resolution.
Rep. FRY moved to adjourn debate on the Joint Resolution, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. FRY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 4795 (Word version) -- Reps. Herbkersman, Simrill, W. Newton and Bradley: 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. BRADLEY proposed the following Amendment No. 1 to H. 4795 (COUNCIL\CM\4795C003.GT.CM18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-15-10 of the 1976 Code is amended to read:
"Section 56-15-10. As used in this chapter the following words shall, unless the text otherwise requires, have the following meanings:
(a) 'Motor vehicle', means any motor driven vehicle required to be registered pursuant to Section 56-3-110. This definition does not include motorcycles, new recreational vehicles as defined in Section 56-14-10, or mopeds.
(b) 'Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused motor vehicles.
(c) 'Factory branch,' means a branch office maintained by a manufacturer which manufactures or assembles motor vehicles for sale to distributors or motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer.
(d) 'Distributor branch', means a branch office maintained by a distributor who or which sells or distributes new motor vehicles to motor vehicle dealers.
(e) 'Factory representative,' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale or motor vehicles or for supervising, servicing, instructing or contracting with motor vehicle dealers or prospective motor vehicle dealers.
(f) 'Distributor representative', means a representative employed by a distributor branch or distributor.
(g) 'Distributor' means any person who sells or distributes new motor vehicles to motor vehicle dealers or who maintains distributor representatives within the State.
(h) 'Dealer' or 'motor vehicle dealer', means any person who sells or attempts to effect the sale of any motor vehicle. These terms do not include:
(1) distributors or wholesalers.;
(2) receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court.;
(3) public officers while performing their official duties.;
(4) persons disposing of motor vehicles acquired for their own use and so used in good faith and not for the purpose of avoiding the provisions of law. Any person who effects or attempts to effect the sale of more than five motor vehicles in any one calendar year is considered a dealer or wholesaler, as appropriate, for purposes of this chapter;
(5) finance companies or other financial institutions who sell repossessed motor vehicles and insurance companies who sell motor vehicles they own as an incident to payments made under policies of insurance; or
(6) a South Carolina dealer who conducts the auction of investment grade or collector motor vehicles not more than three days per year who:
(a) has obtained a surety bond in the amount of one million dollars;
(b) provides this service for an entity organized under 501(c)(3) of the Internal Revenue Code;
(c) possesses during the event all vehicle titles unencumbered by liens; and
(d) is responsible for ensuring all taxes are paid and all vehicles have been registered and titled property.
This subitem shall not permit any other temporary retail auctions or any other retail auctions of consignment vehicles.
(i) 'Franchise,' means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise.
(j) 'Franchiser,' means a manufacturer, distributor or wholesaler who grants a franchise to a motor vehicle dealer.
(k) 'Franchisee,' means a motor vehicle dealer to whom a franchise is offered or granted.
(l) 'Sale,' means shall include the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto; and any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with, or as, a bonus on account of the sale of anything shall be deemed a sale of such motor vehicle or franchise.
(m) 'Fraud,' means shall include, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact.
(n) 'Person,' means a natural person, corporation, partnership, trust or other entity, and, in case of an entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors and other persons in active control of the activities of each such entity.
(o) 'New motor vehicle,' means a motor vehicle which has not been previously sold to any person except a distributor or wholesaler or motor vehicle dealer for resale.
(p) 'Wholesaler' or 'motor vehicle wholesaler' means any person who sells or attempts to effect the sale of any used motor vehicle exclusively to motor vehicle dealers or to other wholesalers.
(q) Reserved.
(r) 'Due cause', means a material breach by a dealer of a lawful provision of a franchise or selling agreement that is not cured within a reasonable period of time after being given prior written notice of the specific material breach.
(s) 'Material breach', means a contract violation that is substantial and significant.
(t) 'Investment grade vehicle', means a motor vehicle not currently sold by a franchised motor vehicle dealer and not in current production with a value that exceeds two hundred fifty thousand dollars.
(u) 'Collector motor vehicle', means a motor vehicle that is at least twenty years old.
(v) 'Charity vehicle' means a donated vehicle of which the net proceeds go to charity.
(w) 'Special interest vehicle', means a unique vehicle of rarity, originality, unique or special coachwork, or previous ownership of significance vehicle that is not and or has not been mass produced. "
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN 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 Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Caskey Clemmons Clyburn Cobb-Hunter Cogswell Cole Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers 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
Those who voted in the negative are:
Hill Magnuson
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5154 (Word version) -- Reps. Fry and Hewitt: A JOINT RESOLUTION CALLING FOR A REFERENDUM TO BE CONDUCTED BY THE HORRY COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AT THE NEXT ELECTION FOR REPRESENTATIVES AMONG THE QUALIFIED ELECTORS OF A TERRITORY PROPOSED TO BE TAKEN FROM GEORGETOWN COUNTY AND GIVEN TO HORRY COUNTY PURSUANT TO SECTION 7, ARTICLE VII, CONSTITUTION OF SOUTH CAROLINA, 1895, PROVIDING IF APPROVED BY TWO-THIRDS OF THE VOTES CAST, THE GENERAL ASSEMBLY AT ITS NEXT SESSION SHALL PROVIDE BY LAW FOR THE ALTERATION OF THE HORRY-GEORGETOWN COUNTY LINE, AND PROVIDING THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, DURING THE PENDENCY OF THE OUTCOME OF THE REFERENDUM REQUIRED BY THIS JOINT RESOLUTION, IT IS THE GENERAL ASSEMBLY'S INTENT NOT TO AFFECT, ALTER, RELEASE, OR EXTINGUISH ANY EXISTING ACTIONS, RIGHTS, DUTIES, PRACTICES, PENALTIES, FORFEITURES, OR LIABILITIES RESULTING FROM HORRY AND GEORGETOWN COUNTIES' MISINTERPRETATION OF THE ACTUAL HORRY-GEORGETOWN COUNTY LINE AS APPROVED BY THE GENERAL ASSEMBLY AND DELINEATED IN CHAPTER 3, TITLE 4 OF THE 1976 CODE, AND PROVIDING FURTHER THAT HAD THE GENERAL ASSEMBLY INTENDED TO AFFECT, DISTURB, OR DISRUPT THE STATUS QUO REGARDING ANY OF THE FOREGOING DURING THE PENDENCY OF THE OUTCOME OF THE REFERENDUM REQUIRED BY THIS JOINT RESOLUTION, IT SO EXPRESSLY WOULD HAVE PROVIDED.
Rep. HILL spoke upon the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Caskey Chumley Clemmons Cobb-Hunter Cogswell Cole Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Forrester Fry Funderburk Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Huggins Jefferson Johnson King Kirby Loftis Lucas Mace Mack Magnuson Martin McCoy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Putnam Ridgeway S. Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Bryant Felder
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5156 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO REGULATIONS FOR THE LICENSING OF CHILD CARE CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Brown Bryant Caskey Chumley Clemmons Clyburn Cobb-Hunter Cogswell Cole Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Forrester Fry Funderburk Gilliard Govan Hamilton Hardee Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McEachern D. C. Moss Murphy B. Newton Ott Parks 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 Thigpen Toole Trantham Weeks West Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Felder Gagnon Hill Magnuson Pitts White
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5157 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY - STATE CROP PEST COMMISSION, RELATING TO BENGHAL DAYFLOWER QUARANTINE; AND EMERALD ASH BORER QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Caskey Chumley Clemmons Clyburn Cobb-Hunter Cogswell Cole Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Long Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss Murphy B. Newton W. Newton Ott Parks 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 Thigpen Toole Trantham Weeks Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Pitts
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5159 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4800, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Caskey Chumley Clemmons Clyburn Cobb-Hunter Cogswell Cole Crawford Crosby Davis Delleney Dillard Douglas Duckworth Elliott Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Huggins Jefferson Johnson King Kirby Knight Loftis Long Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Ott Parks Pope Putnam Ridgeway 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 Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Hill Pitts
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. DELLENEY moved that the House recur to the morning hour, which was agreed to.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 5042 (Word version) -- Reps. Felder and Allison: A BILL TO AMEND SECTION 59-20-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE PROGRAM FOR IDENTIFYING PUBLIC SCHOOL DISTRICT FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT CAN COMPROMISE THE FISCAL INTEGRITY OF THE DISTRICTS AND FOR ADVISING THE DISTRICTS ON APPROPRIATE CORRECTIVE ACTIONS, SO AS TO REVISE RELATED PROCEDURES.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 5150 (Word version) -- Reps. Finlay, Bannister and McCoy: A BILL TO AMEND SECTION 61-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUNSET PROVISION ON THE LIMITATION OF THREE RETAIL DEALER LICENSES HELD BY ONE LICENSEE, SO AS TO CHANGE THE DATE TO JULY 1, 2019.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 5153 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN WORKERS' COMPENSATION COMMISSION HEARINGS CONCERNING COMPENSATION PAYABLE, SO AS TO PROVIDE THESE HEARINGS MUST BE HELD IN THE DISTRICTS IN WHICH THE INJURIES OCCURRED INSTEAD OF THE CITIES OR COUNTIES IN WHICH THE INJURIES OCCURRED, AND TO PROVIDE THESE DISTRICTS MUST BE DETERMINED BY THE COMMISSION.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4832 (Word version) -- Reps. Funderburk and J. E. Smith: A BILL TO AMEND SECTION 63-11-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THAT THE MEMBERS OF AT LEAST ONE LOCAL REVIEW BOARD IN THE FIFTH JUDICIAL CIRCUIT BE APPOINTED BY THE KERSHAW COUNTY LEGISLATIVE DELEGATION.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4933 (Word version) -- Reps. Cole, Forrester, Allison, Tallon, Anthony, Long, Chumley, Henderson-Myers, Magnuson and V. S. Moss: A BILL TO AMEND SECTION 44-7-2060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF A REGIONAL HEALTH SERVICES DISTRICT'S BOARD OF DIRECTORS, SO AS TO PROVIDE THAT THE STATE INTEREST SHALL PREVAIL IF A CONFLICT EXISTS BETWEEN THE ANTITRUST LAWS OF THE STATE OR THE UNITED STATES AND THE EXERCISE OF POWER BY A REGIONAL HEALTH SERVICES DISTRICT WITH RESPECT TO THE OWNERSHIP, OPERATION, MANAGEMENT, OR LEASE OF A HOSPITAL, HEALTH CARE FACILITY, OR OTHER EXERCISE OF POWER.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5064 (Word version) -- Reps. Funderburk, W. Newton and Norrell: A BILL TO AMEND SECTION 1-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA COMMISSION ON HUMAN AFFAIRS, SO AS TO DELETE A DUPLICITOUS REPORTING REQUIREMENT; TO AMEND SECTION 1-13-70, RELATING TO THE POWERS OF THE COMMISSION, SO AS TO CLARIFY THAT THE COMMISSION MAY REQUIRE REPORTS FROM ALL EMPLOYERS; TO AMEND SECTION 1-13-90, RELATING TO THE DUTIES OF THE COMMISSION, SO AS TO EXTEND THE TIME BY WHICH A COMPLAINANT MAY BRING AN ACTION IN CIRCUIT COURT; AND TO AMEND SECTION 31-21-120, RELATING TO COMPLAINTS INVOLVING DISCRIMINATORY HOUSING PRACTICES, SO AS TO DELETE A REQUIREMENT THAT THE COMPLAINT AND ANSWER BE VERIFIED.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 4020 (Word version) -- Reps. Johnson and Hardee: A BILL TO AMEND SECTION 28-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO A CONDEMNOR'S RIGHT TO ENTER ON REAL PROPERTY SUBJECT TO CONDEMNATION FOR CERTAIN PURPOSES, SO AS TO REQUIRE THE CONDEMNOR TO PROVIDE NOTICE TO THE LANDOWNER OF APPLICATION FOR AN EX PARTE ORDER TO GAIN ENTRY.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3896 (Word version) -- Reps. Duckworth, Kirby, Johnson, Hardee, Hosey, Crosby, Arrington, Daning, V. S. Moss, Elliott, Bales, Bannister, Bennett, Dillard, Hamilton, G. R. Smith, Willis, Murphy, Stavrinakis, McCoy, McGinnis, Hewitt, Jefferson, Williams and McEachern: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF A COUNTY GOVERNMENT, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO ADOPT BY ORDINANCE THE REQUIREMENT THAT A RESIDENTIAL OR COMMERCIAL PROPERTY OWNER SHALL KEEP A LOT OR OTHER PROPERTY CLEAN AND FREE OF RUBBISH AND TO PROVIDE A PROCEDURE FOR ENFORCEMENT OF THE ORDINANCE.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4496 (Word version) -- Reps. Bannister, Burns and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION (SLED) TO CREATE, PREPARE, MAINTAIN, AND CERTIFY A REPORT LISTING BY NAME EACH SOUTH CAROLINA POLITICAL SUBDIVISION IT HAS DETERMINED TO BE IN COMPLIANCE WITH SECTIONS 17-13-170 AND 23-3-1100; TO DESIGNATE THIS REPORT THE "IMMIGRATION COMPLIANCE REPORT" (ICR); TO DELINEATE SPECIFIC DUTIES AND RESPONSIBILITIES RELATING TO THE SUBMISSION OF DOCUMENTATION NECESSARY TO PREPARE THE ICR; TO REQUIRE SLED ANNUALLY TO PROVIDE COPIES TO THE GOVERNOR, GENERAL ASSEMBLY, AND STATE TREASURER, TO PROHIBIT THE STATE TREASURER FROM DISBURSING CERTAIN FUNDS TO POLITICAL SUBDIVISIONS THAT HAVE NOT BEEN CERTIFIED AS COMPLIANT IN THE ICR, TO AUTHORIZE SLED TO CONDUCT CRIMINAL INVESTIGATIONS RELATING TO ICR CERTIFICATIONS; TO PROVIDE SANCTIONS FOR POLITICAL SUBDIVISIONS THAT HAVE BEEN FOUND TO HAVE SUBMITTED FALSIFIED COMPLIANCE DOCUMENTATION TO SLED; TO DEFINE "POLITICAL SUBDIVISION", AND TO PROVIDE THAT THE SANCTIONS AND REMEDIES DELINEATED IN THIS ACT ARE IN ADDITION TO OTHER SANCTIONS AND REMEDIES PROVIDED BY LAW.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
S. 27 (Word version) -- Senators Campsen, Young, Hembree, Climer, Gregory, Scott, J. Matthews, Setzler, Turner and Timmons: A BILL TO AMEND SECTION 59-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE SUPERINTENDENT BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, AND TO PROVIDE FOR THE TERM, QUALIFICATIONS, AND FILLING OF A VACANCY IN THE OFFICE OF SUPERINTENDENT; AND TO REPEAL SECTION 59-3-20 RELATING TO VACANCIES IN THE OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 814 (Word version) -- Senator Kimpson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF CALHOUN AND RUTLEDGE STREETS IN THE CITY OF CHARLESTON "OFFICER JAMES OWENS, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 974 (Word version) -- Senators J. Matthews and Hutto: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PEDESTRIAN BRIDGE IN THE CITY OF ORANGEBURG THAT CROSSES CHESTNUT STREET THE "DR. EMILY ENGLAND CLYBURN PEDESTRIAN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5165 (Word version) -- Reps. Thigpen, Bales, Ballentine, Bernstein, Brawley, Douglas, Finlay, Hart, Howard, McEachern, Rutherford, J. E. Smith, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bamberg, Bannister, Bennett, Blackwell, Bowers, Bradley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Duckworth, Elliott, Erickson, Felder, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, 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, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE RIDGE VIEW HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2018 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5166 (Word version) -- Reps. Thigpen, Bales, Ballentine, Bernstein, Brawley, Douglas, Finlay, Hart, Howard, McEachern, Rutherford and J. E. Smith: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE RIDGE VIEW HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM OF RICHLAND COUNTY WITH THE TEAM COACHES AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2018 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Ridge View High School boys varsity basketball team of Richland County with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2018 South Carolina Class AAAA State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5167 (Word version) -- Reps. Ott, 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, 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 HONOR JOHN "JACK" AUGUSTUS ADDEN, JR., OF ORANGEBURG COUNTY, ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY ON MARCH 26, 2018, AND TO WISH HIM CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5168 (Word version) -- Reps. 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, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE FLORENCE ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INCORPORATED, TO SALUTE ITS MEMBERS ON SIXTY-SIX YEARS OF SISTERHOOD, SCHOLARSHIP, AND SERVICE IN FLORENCE COUNTY AND IN THE CITY OF DARLINGTON, AND TO DECLARE THURSDAY, APRIL 19, 2018, AS "FLORENCE ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY DAY."
The Resolution was adopted.
The following was introduced:
H. 5169 (Word version) -- Reps. J. E. Smith, 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, 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 APRIL 2018 AS THE "MONTH OF THE MILITARY CHILD" IN SOUTH CAROLINA AND TO ENCOURAGE SOUTH CAROLINA'S CONTINUED COMMITMENT AND SUPPORT FOR MILITARY CHILDREN LIVING IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5170 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT NAVAL CRIMINAL INVESTIGATIVE SERVICE AGENTS ARE FEDERAL LAW ENFORCEMENT OFFICERS AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
Referred to Committee on Judiciary
H. 5171 (Word version) -- Rep. Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO THE ADMISSIONS TAX, SO AS TO EXEMPT CERTAIN AGROTOURISM BUSINESSES FROM THE ADMISSIONS TAX.
Referred to Committee on Ways and Means
H. 5172 (Word version) -- Reps. S. Rivers, Ott, Stringer, Bradley, Johnson, Forrest, Hiott, Long, Lowe and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-59-65 SO AS TO PROVIDE THE DEPARTMENT OF EDUCATION, IN CONJUNCTION WITH THE DEPARTMENT OF MOTOR VEHICLES, SHALL PLAN AND DEVELOP A CURRICULUM FOR USE BY HIGH SCHOOLS TO PROVIDE STUDENTS WITH TRAINING TO OBTAIN COMMERCIAL DRIVERS' LICENSES FOLLOWING GRADUATION PROVIDED THE STUDENTS MEET ALL OTHER RELATED REQUIREMENTS, TO PROVIDE THE MEANS FOR ENABLING STUDENTS TO OBTAIN BEHIND-THE-WHEEL EXPERIENCE THROUGH PARTNERSHIPS WITH THE TRUCKING INDUSTRY AND THE USE OF DRIVING SIMULATORS, AMONG OTHER THINGS, TO PROVIDE FOR A THREE-YEAR PILOT TESTING OF THE CURRICULUM IN FIVE SCHOOL DISTRICTS BY THE STATE BOARD OF EDUCATION BEGINNING WITH THE 2019-2020 SCHOOL YEAR, AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Education and Public Works
H. 5173 (Word version) -- Rep. Stringer: A BILL TO AMEND SECTION 56-5-4830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS PLACED ON THE TYPES OF LAMPS OR ILLUMINATING DEVICES THAT MAY BE INSTALLED ON A VEHICLE, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE EQUIPPED WITH CERTAIN SIGNS, SCREENS, OR OTHER DEVICES THAT UTILIZE AN ELECTRONIC OR REMOTE MEANS TO DISPLAY INTERMITTENT, CHANGING, OR FLASHING LIGHTS OR COLORS.
Referred to Committee on Education and Public Works
H. 5174 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "INTERSTATE MEDICAL LICENSURE COMPACT" BY ADDING ARTICLE 3 TO CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE ENTRY OF SOUTH CAROLINA INTO A MULTISTATE PHYSICIAN LICENSURE COMPACT, TO PROVIDE FOR THE RECIPROCAL PRACTICE OF MEDICINE AMONG THE STATES THAT ARE PARTIES TO THE COMPACT, TO PROVIDE STANDARDS AND PROCEDURES APPLICABLE TO PRACTICING MEDICINE IN OTHER STATES PURSUANT TO THE COMPACT, TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG COMPACT STATES, AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTIONS, DISCIPLINARY ACTIONS, AND TERMINATION OF MEMBERSHIPS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 345 (Word version) -- Senators Davis, McElveen, Scott and Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-55 SO AS TO PROVIDE CERTAIN NURSING PROFESSIONALS MAY PROVIDE NONCONTROLLED PRESCRIPTION DRUGS AT ENTITIES THAT PROVIDE FREE MEDICAL SERVICES FOR INDIGENT PATIENTS; BY ADDING SECTION 40-33-57 SO AS TO PROVIDE CERTAIN NURSING PROFESSIONALS MAY CERTIFY STUDENTS AS UNABLE TO ATTEND SCHOOL BUT WHO POTENTIALLY MAY BENEFIT FROM RECEIVING INSTRUCTION AT HOME OR IN A HOSPITAL; BY ADDING SECTION 40-33-59 SO AS TO PROVIDE THAT NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES ORALLY OR IN WRITING MAY REFER A PATIENT TO A PHYSICAL THERAPIST FOR TREATMENT; BY ADDING SECTION 40-33-61 SO AS TO PROVIDE RECIPIENTS AND BENEFICIARIES OF CERTAIN ASSISTANCE AND SERVICES WITHIN THE SCOPE OF PRACTICE OF A NURSE PRACTITIONER OR CERTIFIED NURSE MIDWIFE MAY CHOOSE THE PROVIDERS FROM WHOM THEY RECEIVE SUCH ASSISTANCE AND SERVICES; BY ADDING SECTION 40-33-63 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY PRONOUNCE DEATH AND SIGN DEATH CERTIFICATES; BY ADDING SECTION 40-33-65 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY ORDER HOSPICE AND PALLIATIVE CARE SERVICES FOR PATIENTS; BY ADDING SECTION 40-33-67 SO AS TO PROVIDE NURSE PRACTITIONERS AND CERTIFIED NURSE MIDWIVES MAY CERTIFY INDIVIDUALS AS HANDICAPPED FOR PURPOSES OF OBTAINING HANDICAPPED PARKING PLACARDS; AND BY ADDING SECTION 40-47-370 SO AS TO EXEMPT ADVANCED PRACTICE REGISTERED NURSES FROM CERTAIN LICENSURE AND PRACTICE PROVISIONS WHEN EMPLOYED BY THE UNITED STATES GOVERNMENT AND PROVIDING SERVICES UNDER THE DIRECTION AND CONTROL OF THE UNITED STATES GOVERNMENT; TO AMEND SECTION 40-33-20, RELATING TO DEFINITIONS CONCERNING THE NURSE PRACTICE ACT, SO AS TO REVISE AND ADD NECESSARY DEFINITIONS; TO AMEND SECTION 40-33-34, RELATING TO THE PERFORMANCE OF DELEGATED MEDICAL ACTS, QUALIFICATIONS, PROTOCOLS, AND PRESCRIPTIVE AUTHORIZATIONS OF LICENSEES OF THE NURSING BOARD, SO AS TO MAKE VARIOUS REVISIONS; TO AMEND SECTION 40-47-20, RELATING TO DEFINITIONS CONCERNING THE BOARD OF MEDICAL EXAMINERS, SO AS TO REVISE SEVERAL DEFINITIONS AFFECTING THE SCOPE OF PRACTICE OF CERTAIN LICENSEES OF THE NURSING BOARD; AND TO AMEND SECTION 40-47-195, RELATING TO PHYSICIANS SUPERVISING MEDICAL ACTS DELEGATED TO OTHER PROFESSIONALS, SO AS TO ELIMINATE THE REQUIREMENT THAT SUPERVISING PHYSICIANS BE RESPONSIBLE FOR ENSURING CERTAIN ACTS DELEGATED TO ADVANCED PRACTICE REGISTERED NURSES ARE PERFORMED TO CERTAIN STANDARDS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Rep. WHITE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5072 (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, 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 RECOGNIZE AND EXPRESS DEEP APPRECIATION TO THE SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM FOR ITS OUTSTANDING CONTRIBUTIONS IN EDUCATING AND TRAINING OUR STATE'S WORKFORCE AND TO DECLARE APRIL 4, 2018, AS "SOUTH CAROLINA TECHNICAL COLLEGE SYSTEM DAY".
At 1:22 p.m. the House, in accordance with the motion of Rep. CHUMLEY, adjourned in memory of Billy Dean "B.J." Simmons, Jr., to meet at 10:00 a.m. tomorrow.
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