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 62:8: "Trust in Him at all times, O people; pour out your heart before Him; God is a refuge for us."
Let us pray. Merciful God, You hear our prayers even before we speak them. Receive them for the sake of all people, whom You have called to be servants and representatives of the people. Help them discern what is the best way to accomplish those items which are left over. Give them the wisdom, power, strength, and integrity to work together with vigor to accomplish all the work. Bless our Nation, President, State, Governor, Speaker, staff, and all who faithfully serve in these Halls of Government. 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. HERBKERSMAN moved that when the House adjourns, it adjourn in memory of Caroline Rothstein Fins, which was agreed to.
The House stood in silent prayer for Representative Robinson-Simpson.
The following was received:
Columbia, S.C., Tuesday, May 8, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 857:
S. 857 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 59-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, SO AS TO REVISE THE COMPOSITION OF THE BOARD BY ELIMINATING TWO EX OFFICIO SEATS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Tuesday, May 8, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4612:
H. 4612 (Word version) -- Reps. Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-262 SO AS TO PROVIDE APPLICANTS FOR GENERAL AND MECHANICAL LICENSURE SUBJECT TO FINANCIAL STATEMENT REQUIREMENTS MAY INSTEAD PROVIDE CERTAIN SURETY BONDS, AND TO PROVIDE REQUIREMENTS CONCERNING THE SURETY BONDS.
The Report of the Committee of Free Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Tuesday, May 8, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4434:
H. 4434 (Word version) -- Reps. Clary, Elliott, Cogswell, Collins, Henderson-Myers, Felder, Pope, Taylor, Ott, Thayer, Govan, Cole and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 33, TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE A UNIVERSAL SCREENING TOOL FOR USE BY LOCAL SCHOOL DISTRICTS TO SCREEN STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE FOR CHARACTERISTICS OF DYSLEXIA BEGINNING WITH THE 2019-2020 SCHOOL YEAR; TO PROVIDE SPECIFIC ABILITIES THAT THE SCREENING TOOL MUST MEASURE; TO PROVIDE THAT PARENTS AND OTHER CERTAIN PARTIES MAY REQUEST THIS DYSLEXIA SCREENING FOR A STUDENT; TO REQUIRE LOCAL SCHOOL DISTRICTS TO CONVENE SCHOOL-BASED PROBLEM-SOLVING TEAMS TO ANALYZE SCREENING DATA AND PROGRESS MONITORING DATA TO ASSIST TEACHERS IN PLANNING AND IMPLEMENTING APPROPRIATE INSTRUCTION AND EVIDENCE-BASED INTERVENTIONS FOR ALL STUDENTS; TO REQUIRE DYSLEXIA-SPECIFIC INTERVENTIONS FOR STUDENTS INDICATED BY SCREENINGS TO HAVE CHARACTERISTICS OF DYSLEXIA; TO REQUIRE THE DEPARTMENT TO PROVIDE RELATED PROFESSIONAL DEVELOPMENT RESOURCES FOR EDUCATORS; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN RELATED REGULATIONS; AND TO CREATE A DYSLEXIA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT IN MATTERS RELATING TO DYSLEXIA.
Very respectfully,
President
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
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 Clyburn Cobb-Hunter 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 Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers 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 Wooten Young Yow
The SPEAKER granted Rep. V. S. MOSS a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. CLEMMONS a leave of absence for the day to represent South Carolina at the opening of the United States Embassy in Jerusalem.
The SPEAKER granted Rep. COGSWELL a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. ROBINSON-SIMPSON a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. ANDERSON a temporary leave of absence.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
The SPEAKER granted Rep. MCCOY a temporary leave of absence.
The SPEAKER granted Rep. MACK a temporary leave of absence.
Announcement was made that Dr. Anthony E. Harris of Aiken was the Doctor of the Day for the General Assembly.
REP. TALLON made a statement relative to Rep. COLE'S service in the House.
Rep. COLE made a statement relative to his service in the House.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 5141 (Word version) -- Reps. Clary, Collins and Hiott: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 123 AND SOUTH CAROLINA HIGHWAY 93 IN PICKENS COUNTY "DR. B.R. SKELTON INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Rep. CLARY explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West White Whitmire Williams Willis Wooten Young Yow
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 5383 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 10, 2018, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON WEDNESDAY, MAY 23, 2018, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, MAY 24, 2018, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 24, 2018, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON WEDNESDAY, JUNE 13, 2018, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 15, 2018, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER NOT LATER THAN 11:59 P.M., SUNDAY, NOVEMBER 11, 2018, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. LUCAS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Blackwell Bowers Bradley Brawley Brown Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West White Whitmire Williams Willis Wooten Young Yow
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3549 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERMIT ISSUED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR IN PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO PROVIDE THAT THE DECISION-MAKING BODY OF THE LOCAL SCHOOL MUST AFFIRMATIVELY STATE THAT IT DOES NOT OBJECT TO THE ISSUANCE OF A LICENSE.
Rep. BANNISTER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Arrington Atkinson Atwater Bales Ballentine Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Burns Caskey Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Jefferson King Kirby Knight Loftis Lowe Lucas Mace Magnuson McCoy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers 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 Wooten Young
Those who voted in the negative are:
Chumley Long McCravy Willis Yow
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3329 (Word version) -- Reps. Fry, Clemmons, Crawford, Duckworth, Atwater, Cobb-Hunter, Elliott, B. Newton, Daning, Henegan, Toole, King and Yow: A BILL TO AMEND SECTION 16-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE ARTICLE ON TRAFFICKING IN PERSONS, SO AS TO DELETE THE DEFINITION OF "TRAFFICKING IN PERSONS"; AND TO AMEND SECTION 16-3-2020, AS AMENDED, RELATING TO THE OFFENSE OF TRAFFICKING IN PERSONS, PENALTIES, AND DEFENSES, SO AS TO RESTRUCTURE THE OFFENSE AND PROVIDE A PENALTY WHEN THE VICTIM IS A MINOR UNDER THE AGE OF EIGHTEEN AND TO FURTHER ENSURE THE PROTECTION OF MINOR VICTIMS.
Rep. FRY explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay 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 McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers 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 Wooten Young Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. PITTS moved to reconsider the vote whereby the House concurred in the Senate amendments to the following Bill, which was agreed to:
H. 3329 (Word version) -- Reps. Fry, Clemmons, Crawford, Duckworth, Atwater, Cobb-Hunter, Elliott, B. Newton, Daning, Henegan, Toole, King and Yow: A BILL TO AMEND SECTION 16-3-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE ARTICLE ON TRAFFICKING IN PERSONS, SO AS TO DELETE THE DEFINITION OF "TRAFFICKING IN PERSONS"; AND TO AMEND SECTION 16-3-2020, AS AMENDED, RELATING TO THE OFFENSE OF TRAFFICKING IN PERSONS, PENALTIES, AND DEFENSES, SO AS TO RESTRUCTURE THE OFFENSE AND PROVIDE A PENALTY WHEN THE VICTIM IS A MINOR UNDER THE AGE OF EIGHTEEN AND TO FURTHER ENSURE THE PROTECTION OF MINOR VICTIMS.
Rep. PITTS moved to adjourn debate upon the Senate Amendments until Thursday, May 10, which was agreed to.
CONFERENCE REPORT
H. 3819 (Word version)
The General Assembly, Columbia, S.C., May 9, 2018
The Committee of Conference, to whom was referred:
H. 3819 (Word version) -- Reps. Bedingfield, Fry, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, King, Knight, Arrington, Forrester, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, McCravy, Wheeler, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Thigpen, Bennett, Crosby, Long, Putnam, Cogswell and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-363 SO AS TO ESTABLISH REQUIREMENTS RELATED TO PRESCRIBING OPIOID ANALGESICS TO MINORS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/29/18.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-363. (A) Except as provided in subsection (C), before issuing, for a minor, the first prescription in a single course of treatment for an opioid analgesic, regardless of whether the dosage is modified during that course of treatment, a prescriber shall:
(1) as part of the prescriber's examination of the minor, assess whether the minor has ever suffered from or is currently suffering from a mental health or substance abuse disorder and whether the minor has taken or is currently taking prescription drugs for treatment of a mental health or substance abuse disorder;
(2) discuss with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment all of the following:
(a) the risks of addiction and overdose associated with opioid analgesics;
(b) the increased risk of addiction to controlled substances of individuals suffering from both mental health and substance abuse disorders;
(c) the dangers of taking opioid analgesics with benzodiazepines, alcohol, or other central nervous system depressants;
(d) any other information in the patient counseling information section of the labeling for the opioid analgesic required pursuant to 21 C.F.R. 201.57(c)(18); and
(3) obtain written consent for the prescription from the minor's parent, guardian, or, subject to subsection (E), another adult authorized to consent to the minor's medical treatment.
(B) The prescriber shall record the consent required pursuant to subsection (A)(3) on a 'Start Talking!' consent form developed by the State Board of Medical Examiners. The form must be separate from any other document the prescriber uses to obtain informed consent for other treatment provided to the minor and must contain:
(1) the name and quantity of the opioid analgesic being prescribed and the amount of the initial dose;
(2) a statement indicating that a controlled substance is a drug or other substance that the United States Drug Enforcement Administration has identified as having a potential for abuse;
(3) a statement certifying that the prescriber discussed with the minor and the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment the matters described in subsection (A)(2);
(4) the number of refills, if any, authorized by the prescription; and
(5) the signature of the minor's parent, guardian, or another adult authorized to consent to the minor's medical treatment and the date of signing.
(C)(1) The requirements set forth in subsection (A) do not apply if the minor's treatment with an opioid analgesic:
(a) is associated with or incident to a medical emergency;
(b) is associated with or incident to surgery, regardless of whether the surgery is performed on an inpatient or outpatient basis;
(c) is associated with pain management treatment for palliative care, cancer care, or hematological disorders including, but not limited to, sickle cell disease;
(d) is associated with the treatment of neonatal abstinence syndrome;
(e) in the prescriber's professional judgment, fulfilling the requirements of subsection (A) would be a detriment to the minor's health or safety;
(f) except as provided in subsection (D), the treatment is rendered in a hospital, emergency facility, ambulatory surgical facility, nursing home, pediatric respite care program, residential care facility, freestanding rehabilitation facility, or similar institutional facility;
(g) is ordered by a practitioner issuing a prescription for a Schedule II controlled substance to treat a hospice-certified patient;
(h) is ordered by a practitioner issuing a prescription for a Schedule II controlled substance that does not exceed a five-day supply for a patient; or
(i) is ordered by a practitioner prescribing a Schedule II controlled substance for a patient with whom the practitioner has an established relationship for the treatment of a chronic condition; however, the practitioner must review the patient's controlled substance history maintained in the prescription drug monitoring program at least every three months.
(2) The requirements of subsection (A) do not apply to a prescription for an opioid analgesic that a prescriber issues to a minor at the time of discharge from a facility or other location described in subsection (C)(1)(f).
(D) The exemption provided pursuant to subsection (C)(1)(f) does not apply to treatment rendered in a prescriber's office that is located on the premises of or adjacent to a facility or other location described in that subsection.
(E) If the individual who signs the consent form required pursuant to subsection (A)(3) is another adult authorized to consent to the minor's medical treatment, the prescriber shall prescribe not more than a single, seventy-two hour supply and indicate on the prescription the quantity that is to be dispensed pursuant to the prescription.
(F) A signed 'Start Talking!' consent form obtained pursuant to this section must be maintained in the minor's medical record.
(G)(1) As used in this section:
(a) 'Another adult authorized to consent to the minor's medical treatment' means an adult to whom a minor's parent or guardian has given written authorization to consent to the minor's medical treatment.
(b) 'Medical emergency' means a situation that in a prescriber's good faith medical judgment creates an immediate threat of serious risk to the life or physical health of a minor.
(c) 'Minor' means an individual under eighteen years of age who is not emancipated.
(2) For purposes of this section, an individual under eighteen years of age is emancipated only if the individual has married, has entered the armed services of the United States, has become employed and self-sustaining, or otherwise has become independent from the care and control of the individual's parent, guardian, or custodian."
SECTION 2. This act takes effect six months after approval by the Governor. /
Amend title to conform.
/s/Sen. Brad Hutto /s/Rep. Russell W. Fry /s/Sen. Tom Davis /s/Rep. Phyllis J. Henderson /s/Sen. Thomas D. "Tom" Corbin /s/Rep. Robert Lee Ridgeway III On Part of the Senate. On Part of the House.Rep. FRY explained the Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 109; Nays 0 Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay 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 Lucas Mace Mack Magnuson Martin McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Putnam Ridgeway M. Rivers S. Rivers 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 Wooten Young Yow
Total--109 Those who voted in the negative are:
Total--0 The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
RECORD FOR VOTING I was temporarily out of the Chamber on constituent business during the vote on H. 3819. If I had been present, I would have voted in favor of the Conference Report.
Rep. Gary E. Clary
H. 4117--CONFERENCE REPORT ADOPTED CONFERENCE REPORT
H. 4117 (Word version)
The General Assembly, Columbia, S.C., May 9, 2018The Committee of Conference, to whom was referred:
H. 4117 (Word version) -- Reps. Henderson, Bedingfield and Fry: A BILL TO AMEND SECTION 44-53-1650, 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 3/20/18.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-53-1650(D) of the 1976 Code is amended to read:
"(D) Drug control may provide data in the prescription monitoring program to the following persons:
(1) a practitioner or pharmacist or authorized delegate who requests information and certifies that the requested information is for the purpose of providing medical or pharmaceutical treatment to a bona fide patient;
(2) an individual who requests the individual's own prescription monitoring information in accordance with procedures established pursuant to state law;
(3) a designated representative of the South Carolina Department of Labor, Licensing and Regulation responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other persons authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;
(4) a local, state, or federal law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who is involved in a bona fide specific drug related investigation involving a designated person;
(5) the South Carolina Department of Health and Human Services regarding Medicaid program recipients;
(6) a properly convened grand jury pursuant to a subpoena properly issued for the records;
(7) personnel of drug control for purposes of administration and enforcement of this article;
(8) qualified personnel for the purpose of bona fide research or education; however, data elements that would reasonably identify a specific recipient, prescriber, or dispenser must be deleted or redacted from such information prior to disclosure. Further, release of the information only may be made pursuant to a written agreement between qualified personnel and the department in order to ensure compliance with this subsection; and
(9) the presiding judge of a drug court pertaining to a specific case involving a designated person."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Sen. Brad Hutto /s/Rep. Russell W. Fry /s/Sen. Tom Davis /s/Rep. Phyllis J. Henderson /s/Sen. Thomas D. "Tom" Corbin /s/Rep. Robert Lee Ridgeway III On Part of the Senate. On Part of the House.Rep. HENDERSON explained the Conference Report.
The yeas and nays were taken resulting as follows:
Yeas 110; Nays 0 Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam Ridgeway S. Rivers 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 Wooten Young Yow
Total--110 Those who voted in the negative are:
Total--0 The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
S. 1218--ORDERED TO THIRD READING The following Bill was taken up:
S. 1218 (Word version) -- Senator Gregory: A BILL TO AMEND ACT 879 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE LANCASTER COUNTY NATURAL GAS AUTHORITY, SO AS TO ALTER THE METHOD OF APPOINTING MEMBERS TO THE BOARD OF DIRECTORS.
The yeas and nays were taken resulting as follows:
Yeas 100; Nays 0 Those who voted in the affirmative are:
Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brown Burns Caskey Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hamilton Hardee Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer G. M. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Willis Wooten Young Yow
Total--100 Those who voted in the negative are:
Total--0 So, the Bill was read the second time and ordered to third reading.
RECORD FOR VOTING I was temporarily out of the Chamber on constituent business during the vote on S. 1218. If I had been present, I would have voted in favor of the Bill.
Rep. Gary E. Clary
S. 962--DEBATE ADJOURNED The following Bill was taken up:
S. 962 (Word version) -- Senator Alexander: 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. FRY moved to adjourn debate on the Bill, which was agreed to.
ORDERED ENROLLED FOR RATIFICATION The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 506 (Word version) -- Senators Shealy and Rankin: A BILL TO AMEND SECTION 40-43-170(A) OF THE 1976 CODE, RELATING TO A STATE OF EMERGENCY, PREREQUISITES TO EMERGENCY REFILLS, AND THE DISPENSING OF MEDICATIONS BY PHARMACISTS NOT LICENSED IN THIS STATE, TO ALLOW FOR A ONE-TIME, THIRTY-DAY EMERGENCY REFILL DURING A STATE OF EMERGENCY.
S. 933 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705(D) OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO REDUCE THE CATCH LIMITED FOR RED DRUM.
S. 758 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT RESTRICTIONS ALONG LAKE H. TAYLOR BLALOCK, SO AS TO EXTEND THE PERIOD FOR THE HUNTING OF WATERFOWL ON THE LAKE TO DECEMBER 31, 2023.
S. 1111 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-2730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEDERAL FISHING REGULATIONS, SO AS TO PROVIDE A SPECIFIC SIZE AND POSSESSION LIMIT FOR COBIA.
S. 302--AMENDED AND SENT TO THE SENATE The following Bill was taken up:
S. 302 (Word version) -- Senators Sheheen and Bennett: A BILL TO AMEND SECTION 59-29-80(A) OF THE 1976 CODE, RELATING TO PHYSICAL EDUCATION INSTRUCTION IN PUBLIC SCHOOLS, TO PROVIDE THAT MARCHING BAND INSTRUCTION BASED ON THE SOUTH CAROLINA ACADEMIC STANDARDS FOR THE VISUAL AND PERFORMING ARTS MUST BE CONSIDERED THE EQUIVALENT OF PHYSICAL EDUCATION INSTRUCTION.
Rep. ALLISON proposed the following Amendment No. 9 to S. 302 (COUNCIL\WAB\302C009.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 59-29-80(A) of the 1976 Code is amended to read:
"Section 59-29-80. (A) Thereshall beis established and provided in all the public schools of this State physical education, training, and instruction of pupils of both sexes, and every. Every pupil attendinganypublic school, in so far as he is physically fit and able to do so, shall take the course or courses provided by this section. Suitable modified coursesshallmust be provided for students physically or mentally unable or unfit to take the course or courses prescribed for normal pupils. However, inanypublic schoolwhichthat offers a military or naval ROTC program sponsored by one of the military services of the United States, training in such a programmaymust bedeemedconsidered to be the equivalenttoof physical education instruction,andmaymust be accepted in lieu of such instruction for all purposes, academic or nonacademic, as may hereinafter be provided. Additionally, in a public school that offers instruction in marching band based on the South Carolina Academic Standards for the Visual and Performing Arts and which incorporates the South Carolina Academic Standards for Physical Education, the school district board may, in its sole discretion, elect to offer this marching band instruction as the equivalent of physical education instruction and in lieu of such separate coursework, and this marching band instruction must be accepted in lieu of physical education instruction for all purposes; provided:
(1) the district first shall submit a plan to the department documenting that all South Carolina Academic Standards for Physical Education are met in the proposed marching band instruction, and upon approval of the plan by the department, this instruction may be offered and considered to be the equivalent of physical education instruction;
(2) the students also must complete the coursework in cardiopulmonary resuscitation required in Section 59-32-30(A)(7); and
(3) the provisions of Title 59, Chapter 32 must continue to be met."
SECTION 2.A. Section 59-32-20 of the 1976 Code is amended to read:
"Section 59-32-20. (A) Before August 1, 1988, the board, through the department, shall select or develop an instructional unit with separate components addressing the subjects of reproductive health education, family life education, pregnancy prevention education, and sexually transmitted diseases and make the instructional unit available to local school districts. The board, through the department, also shall make available information about other programs developed by other states upon request of a local school district.
(B) In addition to the provisions of subsection (A), before September 1, 2015, the board, through the department, shall select or develop instructional units in sexual abuse and assault awareness and prevention, with separate units appropriate for each age level from four-year-old kindergarten through twelfth grade.
(C) Before August 1, 2018, and through the cyclical review process, the board shall include instruction on prescription opioid abuse prevention, with an emphasis on the prescription drug epidemic and the connection between opioid abuse and addiction to other drugs, such as heroin, in the health standards. In addition, the board shall make available to districts a list of instructional materials that meet state standards. Districts shall continue to adopt or develop curriculum locally."
B. This SECTION takes effect upon approval by the Governor and is applicable beginning with the 2018-2019 School Year.
SECTION 3. Article 1, Chapter 103, Title 59 of the 1976 Code is amended by adding:
"Section 59-103-155. Any public or private institution of higher education in the State from which a student may earn a degree in a health care profession that allows the person to prescribe controlled substances listed in Schedules II, III, and IV in the State shall require for those programs that students complete coursework on the prescription and monitoring of Schedule II, III, and IV controlled substances, including coursework on the prescription of Schedule II controlled substances to treat or manage pain, and strategies that can be employed to recognize signs of and reduce the likelihood of patient addiction. These institutions of higher education shall coordinate with the state's Commission on Higher Education, Board of Medical Examiners, Board of Dentistry, and Board of Nursing to develop the curriculum."
SECTION 4. Except as otherwise provided, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Rep. ALLISON explained the amendment.
The amendment was then adopted.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bernstein Blackwell Bowers Brawley Brown Bryant Burns Chumley Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee 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 D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam Ridgeway S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 67 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-10-88, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT FEES, SO AS TO SPECIFY TO WHOM REDEVELOPMENT FEES MAY BE REMITTED; TO AMEND SECTION 31-12-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE REDEVELOPMENT OF CERTAIN FEDERAL INSTALLATIONS, SO AS TO DEFINE "REDEVELOPMENT PROJECT"; AND BY ADDING SECTION 31-12-70 SO AS TO AUTHORIZE A REDEVELOPMENT AUTHORITY TO USE REDEVELOPMENT FEES ON CERTAIN OPERATING COSTS.
S. 648 (Word version) -- Senators Scott, Setzler, McLeod, Jackson and McElveen: A BILL TO AMEND SECTION 59-53-1784, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OF SURPLUS PROPERTY BY THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, SO AS TO PROVIDE THAT THE EXEMPTION OF THE AUTHORITY FROM SURPLUS PROPERTY LAWS APPLIES TO REAL, PERSONAL, AND MIXED PROPERTY IN CERTAIN CIRCUMSTANCES.
S. 913 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-9-740(B) OF THE 1976 CODE, RELATING TO YOUTH HUNTING DAYS, TO PROVIDE THAT A LICENSE OR TAG REQUIRED PURSUANT TO CHAPTER 9, TITLE 50 IS WAIVED FOR A YOUTH HUNTER ON A YOUTH HUNTING DAY.
The following Bill was taken up:
S. 949 (Word version) -- Senators M. B. Matthews, Malloy, Rice, Cash, Massey and Senn: A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 24 OF THE 1976 CODE, RELATING TO PROBATION, BY ADDING SECTION 24-21-435, TO PROVIDE THAT PROBATION OFFICERS, COURT PERSONNEL, COUNTY AND MUNICIPAL PERSONNEL, PUBLIC OFFICIALS, AND PRIVATE VOLUNTEERS WHO PARTICIPATE IN COMMUNITY SERVICE PROGRAMS IN WHICH A PROBATIONER IS COMPLETING COMMUNITY SERVICE AS A CONDITION OF PROBATION PURSUANT TO SECTION 24-21-430 ARE NOT LIABLE FOR CIVIL DAMAGES UNLESS AN INJURY OR DAMAGES RESULT FROM THE GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT OF SUCH PERSON.
Rep. ATWATER proposed the following Amendment No. 3 to S. 949 (COUNCIL\WAB\949C001.AGM.WAB18):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 16-11-700 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) Evidence may be submitted to any local or state law enforcement agency showing footage or photographic evidence of a vehicle littering where the vehicle make, model, and license plate is clearly visible. If a fine is assessed in lieu of or in addition to court ordered community service or probation, and the fine is collected by the court, a reward must be awarded to the individual providing footage or photographic evidence equal to half the total amount of the fine."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER explained the amendment.
Reps. STAVRINAKIS, RUTHERFORD, PITTS, WILLIAMS, FRY, JEFFERSON, CASKEY, WHEELER, WEST, LOFTIS, LONG, BLACKWELL, ATKINSON, BRYANT and BROWN requested debate on the Bill.
The following Bill was taken up:
S. 190 (Word version) -- Senator Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 33 SO AS TO ENACT THE "REVISED UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT", TO AMONG OTHER THINGS, DEFINE TERMS, SPECIFY APPLICABILITY, SET FORTH POWERS OF UNINCORPORATED NONPROFIT ASSOCIATIONS, TO SPECIFY LIABILITY, AND TO SET FORTH THE PROCESS BY WHICH A LEGAL ACTION AGAINST AN ASSOCIATION IS ADJUDICATED.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 190 (COUNCIL\DG\190C001.BBM.DG18):
Amend the bill, as and if amended, SECTION 1, page 36, by striking lines 10-23 and inserting:
/ Section 33-33-300. (A) If, before July 1, 2018, an interest in property was by terms of a transfer purportedly transferred to an unincorporated nonprofit association but under the law of this State the interest did not vest in the association, or in one or more persons on behalf of the association under subsection (B), on July 1, 2018, the interest vests in the association, unless the parties to the transfer have treated the transfer as ineffective.
(B) If, before July 1, 2018, an interest in property was by terms of a transfer purportedly transferred to an unincorporated nonprofit association but the interest was vested in one or more persons to hold the interest for members of the association, on or after July 1, 2018, the persons, or their successors in interest, may transfer the interest to the association in its name, or the association may require that the interest be transferred to it in its name. /
Amend the bill further, by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect July 1, 2018. /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY explained the amendment.
Rep. MCCOY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 917 (Word version) -- Senators Kimpson, Scott and Campsen: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, SO AS TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
Rep. DELLENEY moved to adjourn debate on the Bill, which was agreed to.
The SPEAKER granted Rep. NORRELL a temporary leave of absence.
The following Bill was taken up:
S. 596 (Word version) -- Senators Peeler, Nicholson, Sheheen and Gambrell: A JOINT RESOLUTION TO REMOVE THE CURRENT MEMBERS OF THE BOARD OF TRUSTEES OF JOHN DE LA HOWE SCHOOL AND DEVOLVE THE BOARD'S POWERS UPON AN INTERIM BOARD OF TRUSTEES WHO SHALL SERVE UNTIL JUNE 30, 2019, OR UNTIL A FULL NEW BOARD OF TRUSTEES IS APPOINTED AND QUALIFIED; TO PROVIDE THAT THE INTERIM BOARD OF TRUSTEES IS RESPONSIBLE FOR THE SELECTION, PERIODIC EVALUATION, RETENTION, AND TERMINATION OF THE SCHOOL'S PRESIDENT; TO PROVIDE FOR OTHER SPECIFIC DUTIES OF THE INTERIM BOARD OF TRUSTEES; AND TO DIRECT THE INTERIM BOARD OF TRUSTEES, IN CONSULTATION WITH THE PRESIDENT OF THE SCHOOL, TO REVIEW EDUCATIONAL ACCREDITATION AND THE PAST AND CURRENT FINANCIAL SITUATION OF THE SCHOOL AND MAKE RECOMMENDATIONS TO DIRECT THE SCHOOL OUT OF THE CURRENT FINANCIAL CRISIS, WITH AN EMPHASIS ON DETERMINING THE MOST FEASIBLE PATH THE STATE MUST PURSUE TO BE IN COMPLIANCE WITH THE LAST WILL AND TESTAMENT OF JOHN DE LA HOWE.
Rep. WHITE proposed the following Amendment No. 1 to S. 596 (COUNCIL\WAB\596C008.AGM.WAB18), which was adopted:
Amend the joint resolution, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-05. (A) The John de la Howe School previously established under the provisions of this chapter shall cease operations on June 30, 2018, and is dissolved as an institution on June 30, 2019.
(B) The board of trustees of the John de la Howe School appointed before the effective date of this section is immediately dissolved and the terms of its members are terminated as of the effective date of this section.
(C) The Clemson University President or his designee, the Provost, and Vice President of The University's Public Service Activities (PSA) Program are hereby temporarily appointed trustees to the John de la Howe School until permanent trustees are appointed. The John de la Howe School is hereby under the control of Clemson University until the John de la Howe School is dissolved. Clemson University is authorized to take such actions related to expenditures of funds, the disposition of personnel, and the rules and regulations governing the property as it considers appropriate as long as such actions are in keeping with State law and with the purpose of preserving the assets of the Will of John de la Howe. Clemson University shall not be liable for any actions taken pursuant to and consistent with this section.
(D) Clemson University, its employees, and its board of trustees shall not be liable for the debts of, nor claims made against, the John de la Howe School or claims by or against the former trustees of the John de la Howe School.
(E) Clemson University shall develop a plan to implement the purposes of the Will of Dr. John de la Howe and shall submit the plan before September 1, 2018 to the South Carolina Attorney General for approval. Clemson University may use the funds of the John de la Howe School to pay for the development of this plan.
(F) Upon approval of the plan provided in subsection (E), the South Carolina Attorney General shall notify the General Assembly so that the General Assembly may consider the approved plan and enact appropriate enabling legislation to implement the purposes of the Will of Dr. John de la Howe and appoint permanent trustees."
SECTION 2. Sections 59-49-10, 59-49-20, 59-49-30, 59-49-40, 59-49-60, 59-49-70, 59-49-80, 59-49-90, 59-49-100, 59-49-110, 59-49-120, 59-49-130, 59-49-140, and 59-49-150 of the 1976 Code are repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. PARKS proposed the following Amendment No. 2 to S. 596 (COUNCIL\WAB\596C009.AGM.WAB18), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1, by adding an appropriately lettered subsection to read:
/ ( ) The interim board of trustees shall give first consideration to persons employed by the John de la Howe School on the effective date of this act when making decisions concerning the retention and hiring of personnel. /
Renumber sections to conform.
Amend title to conform.
Rep. PARKS 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 Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter 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 Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mack Magnuson McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers 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 Wooten Young Yow
Those who voted in the negative are:
Erickson Herbkersman Howard Mace Martin
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1044 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 50-13-260 OF THE 1976 CODE, RELATING TO THE PROTECTION OF FRESHWATER GAME FISH, TO ESTABLISH A YEAR-ROUND "CATCH AND RELEASE" ZONE ON THE LOWER REACH OF THE SALUDA RIVER.
Rep. HIXON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Burns Caskey Chumley Clary Clyburn Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay 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 McEachern McGinnis McKnight Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Sandifer G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks Wheeler White Whitmire Williams Willis Wooten Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BANNISTER made a statement relative to Rep. HAMILTON'S service in the House.
Rep. HAMILTON made a statement relative to his service in the House.
Rep. HIXON moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. D. C. MOSS a leave of absence for the remainder of the day.
Rep. TOOLE made a statement relative to Rep. ATWATER'S service in the House.
Rep. ATWATER made a statement relative to his service in the House.
Rep. HOSEY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
S. 962 (Word version) -- Senator Alexander: 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. FRY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 190 (Word version) -- Senator Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 33 SO AS TO ENACT THE "REVISED UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT", TO AMONG OTHER THINGS, DEFINE TERMS, SPECIFY APPLICABILITY, SET FORTH POWERS OF UNINCORPORATED NONPROFIT ASSOCIATIONS, TO SPECIFY LIABILITY, AND TO SET FORTH THE PROCESS BY WHICH A LEGAL ACTION AGAINST AN ASSOCIATION IS ADJUDICATED.
Rep. MCCOY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 917 (Word version) -- Senators Kimpson, Scott and Campsen: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, SO AS TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
Reps. FRY and CLEMMONS proposed the following Amendment No. 1 to S. 917 (COUNCIL\DG\917C002.BBM.DG18), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 4-9-30(5)(a)(ii) of the 1976 Code is amended to read:
"(ii) When a petition is submitted to the county council signed by seventy-five percent or more of the resident freeholders who own at least seventy-five percent of the assessed valuation of real property in the proposed special tax district, the county council upon certification of the petition may pass an ordinance establishing the special tax district. For the purposes of this item, 'freeholder' has the same meaning as defined in Section 5-3-240, and specifically includes a qualifying limited liability company. The petition must contain a designation of the boundaries of the proposed special tax district, the nature of the services to be rendered, and the maximum level of the taxes or user service charges, or both, authorized to be levied and collected." /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that under Rule 9.3 that Amendment No. 1 to S. 917 was out of order in that it was not germane to the Bill.
Rep. FRY spoke against the Point of Order.
The SPEAKER sustained the Point of Order and ruled Amendment No. 1 to be non-germane.
Rep. G. R. SMITH proposed the following Amendment No. 2 to S. 917 (COUNCIL\DG\917C005.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-54-122(G) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Instead of filing a tax lien notice pursuant to item (1), the department may implement a system of filing and indexing liens which must be accessible to the public over the Internet or through other means as the department considers appropriate. A lien filed pursuant to this item is effective statewide from the date and time it is recorded and encumbers all the taxpayer's property and rights to property as provided in Section 12-54-120, regardless of the property's location. A lien filed pursuant to item (1) remains effective from the date and time it was recorded. Nothing in this item may be construed so as to extend the effectiveness of a lien beyond ten years from the date of filing, as provided in Section 12-54-120."
B. This SECTION takes effect July 1, 2018. /
Renumber sections to conform.
Amend title to conform.
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. B. NEWTON proposed the following Amendment No. 3 to S. 917 (COUNCIL\DG\917C007.BBM.DG18), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-180. (A) Beginning with the adoption of the 2020 official United States decennial census, each political subdivision of the State that is not otherwise required by law to undergo periodic reapportionment and whose governing board, commission, or council is popularly elected from single-member election districts, residency requirements, or a combination of at-large and single-member districts, must be reapportioned to a population variance of less than ten percent within three years of the date on which the latest federal decennial census is adopted by the General Assembly.
(B) A popularly elected board, commission, or council member who is serving in a district that has been reapportioned must be allowed to continue to serve the balance of his unexpired term representing the people in the new reapportioned district if he is an elector in the reapportioned district.
(C) In the event that two or more popularly elected members of a political subdivision's governing board, commission, or council, elected by single-member districts or residency requirements, because of reapportionment, become electors in the same district:
(1) if there are two or more years remaining on two or more of the affected members' terms after the reapportionment becomes effective, their terms expire by the next general election and an election must be held to fill the remaining term for the seat with two or more members and for the seat for the district with the vacancy, if applicable; or
(2) if there are two or more years remaining on only one affected member's term, that member may continue to serve the balance of his unexpired term representing the people in the newly reapportioned district.
(D) If a seat becomes vacant after election districts have been reapportioned, but prior to the expiration of the incumbent's term of office due to death, resignation, removal, or another cause, the resulting vacancy must be filled under the new reapportionment plan in the manner provided by law for the district that has the same district number as the district from which the council member whose office is vacant was elected.
(E) Each political subdivision of the State described in subsection (A) shall furnish the Revenue and Fiscal Affairs Office a copy of the adopted version of the applicable reapportionment ordinance and its accompanying map and statistics." /
Renumber sections to conform.
Amend title to conform.
Rep. B. NEWTON explained the amendment.
Rep. WILLIAMS raised the Point of Order that under Rule 9.3 that Amendment No. 3 to S. 917 was out of order in that it was not germane to the Bill.
Rep. B. NEWTON spoke against the Point of Order.
The SPEAKER sustained the Point of Order and ruled Amendment No. 3 to be non-germane.
Rep. STAVRINAKIS moved to reconsider the vote whereby Amendment No. 2 was adopted, which was agreed to.
Rep. G. R. SMITH proposed the following Amendment No. 2 to S. 917 (COUNCIL\DG\917C005.BBM.DG18), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Section 12-54-122(G) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Instead of filing a tax lien notice pursuant to item (1), the department may implement a system of filing and indexing liens which must be accessible to the public over the Internet or through other means as the department considers appropriate. A lien filed pursuant to this item is effective statewide from the date and time it is recorded and encumbers all the taxpayer's property and rights to property as provided in Section 12-54-120, regardless of the property's location. A lien filed pursuant to item (1) remains effective from the date and time it was recorded. Nothing in this item may be construed so as to extend the effectiveness of a lien beyond ten years from the date of filing, as provided in Section 12-54-120."
B. This SECTION takes effect July 1, 2018. /
Renumber sections to conform.
Amend title to conform.
Rep. KING raised the Point of Order that under Rule 9.3 that Amendment No. 2 to S. 917 was out of order in that it was not germane to the Bill.
Rep. G. R. SMITH spoke against the Point of Order.
The SPEAKER sustained the Point of Order and ruled Amendment No. 2 to be non-germane.
Rep. WHITE proposed the following Amendment No. 4 to S. 917 (COUNCIL\DG\917C008.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/ SECTION 1. A. Section 6-1-530(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, renourishment, or other tourism-related lands and water access;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-530 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the local accommodations tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 2. A. Section 6-1-730(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related ddemand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-730 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the hospitality tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 3. Section 6-4-10(4)(b) of the 1976 Code is amended to read:
"(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
(i) advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(ii) promotion of the arts and cultural events;
(iii) construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
(iv) the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
(v) public facilities such as restrooms, dressing rooms, parks, and parking lots;
(vi) tourist shuttle transportation;
(vii) control and repair of waterfront erosion, including beach renourishment;
(viii)operating visitor information centers;
(ix) site preparation including, but not limited to, demolition, repair, or construction to be used for the subitems of this section; and
(x) control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas.
The provisions of item (b)(x) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of item (b)(x).
If applying the provisions of item (b)(x) relating to flooding and drainage, the revenues must be expended exclusively on beach outfalls and on other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
A county or municipality may not expend more than thirty percent of the revenues of the local accommodations tax on the purposes set forth in item (b)(x).
The provisions of item (b)(x) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county or municipality has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of item (b)(x) remain effective for that county or municipality until such project is completed or until the indebtedness on such bonds is discharged, as applicable." /
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. CASKEY moved to table the amendment.
Rep. WHITE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atwater Ballentine Bannister Bowers Bradley Brawley Burns Caskey Chumley Daning Dillard Douglas Erickson Funderburk Hamilton Henderson Hill Huggins Loftis Long Magnuson W. Newton G. R. Smith Stringer Toole Trantham Wooten
Those who voted in the negative are:
Alexander Allison Anderson Arrington Atkinson Bales Bamberg Bennett Blackwell Brown Bryant Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Davis Delleney Duckworth Elliott Felder Forrest Forrester Fry Gagnon Gilliard Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Jefferson Johnson Jordan King Knight Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis McKnight Murphy B. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Rutherford Sandifer Simrill G. M. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Weeks West Wheeler White Whitmire Williams Willis Young Yow
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. MAGNUSON a leave of absence for the remainder of the day.
Rep. HIXON proposed the following Amendment No. 5 to S. 917 (COUNCIL\WAB\917C001.AGM.WAB18):
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/ SECTION 1. A. Section 6-1-530(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, renourishment, or other tourism-related lands and water access;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-530 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the local accommodations tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 2. A. Section 6-1-730(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related ddemand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-730 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the hospitality tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 3. Section 6-4-10(4)(b) of the 1976 Code is amended to read:
"(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
(i) advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(ii) promotion of the arts and cultural events;
(iii) construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
(iv) the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
(v) public facilities such as restrooms, dressing rooms, parks, and parking lots;
(vi) tourist shuttle transportation;
(vii) control and repair of waterfront erosion, including beach renourishment;
(viii) operating visitor information centers;
(ix) site preparation including, but not limited to, demolition, repair, or construction to be used for the subitems of this section; and
(x) control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas.
The provisions of item (b)(x) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of item (b)(x) or fronts the Savannah River.
If applying the provisions of item (b)(x) relating to flooding and drainage, the revenues must be expended exclusively on beach outfalls and on other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
A county or municipality may not expend more than thirty percent of the revenues of the local accommodations tax on the purposes set forth in item (b)(x).
The provisions of item (b)(x) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county or municipality has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of item (b)(x) remain effective for that county or municipality until such project is completed or until the indebtedness on such bonds is discharged, as applicable." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON explained the amendment.
Reps. G. R. SMITH, MCCRAVY, WHEELER, HEWITT, TOOLE, CRAWFORD, JEFFERSON, ELLIOTT, ERICKSON, STRINGER, TRANTHAM, LOFTIS, HAMILTON, LONG, FORRESTER, DILLARD and HUGGINS requested debate on the Bill.
Reps. PENDARVIS, BROWN and GILLIARD withdrew their requests for debate on the following Bill:
S. 810 (Word version) -- Senator Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-39-165 SO AS TO PROVIDE COUNTIES OR MUNICIPALITIES MAY ENACT ORDINANCES REQUIRING THE PAYMENT OF FEES OR TAXES RELATED TO PAWN TRANSACTIONS OR PURCHASES, AND TO PROVIDE THE PROVISIONS OF CHAPTER 39, TITLE 40 DO NOT AFFECT THE AUTHORITY OF A COUNTY OR MUNICIPALITY TO ESTABLISH LAND USE CONTROLS OR REQUIRE A PAWNBROKER TO OBTAIN A LOCAL OCCUPATIONAL LICENSE; TO AMEND SECTION 40-39-40, AS AMENDED, RELATING TO THE PROHIBITION ON AUTHORIZED PAWNBROKER FEES, SO AS TO REMOVE THE PROHIBITION; TO AMEND SECTION 40-39-70, AS AMENDED, RELATING TO RECORDKEEPING AND MISCELLANEOUS REQUIREMENTS OF PAWNBROKERS, SO AS TO REQUIRE CERTAIN DIGITAL RECORDS AND TO PROVIDE ALL PLEDGED ITEMS MUST BE HELD FOR TWENTY-ONE DAYS; TO AMEND SECTION 40-39-90, RELATING TO RECORDS PAWNBROKERS SHALL MAINTAIN FOR INSPECTION BY CERTAIN PUBLIC OFFICIALS, SO AS TO PROVIDE MUNICIPALITIES OR COUNTY GOVERNMENTS MAY ENACT LOCAL REGULATIONS REQUIRING THE PAWNSHOPS TO PROVIDE OR TRANSFER THE PAWN RECORDS BY ELECTRONIC DATA TRANSFER TO A LAW ENFORCEMENT DATABASE; TO AMEND SECTION 40-39-145, AS AMENDED, RELATING TO HOLD ORDERS, SO AS TO REMOVE THE EXISTING PROVISIONS AND PROVIDE LAW ENFORCEMENT SHALL SEIZE SUSPECTED STOLEN OR MISAPPROPRIATED PROPERTY IN THE POSSESSION OF A PAWN SHOP, TO PROVIDE A PAWNBROKER'S RELEASE OF SUCH PROPERTY TO LAW ENFORCEMENT DOES NOT CONSTITUTE WAIVER OF THE PAWNBROKER'S INTEREST IN THE PROPERTY, AND TO PROVIDE PLEDGORS SHALL PAY RESTITUTION FOR STOLEN GOODS PLEDGED TO PAWNBROKERS UPON THE COMPLETION OF RELATED CRIMINAL PROCEEDINGS INVOLVING THE STOLEN PLEDGED PROPERTY; TO AMEND SECTION 40-39-160, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS CONCERNING PAWN TICKETS; AND TO REPEAL SECTION 15 OF ACT 262 OF 2016 RELATING TO CERTAIN AUTHORITY OF COUNTIES AND MUNICIPALITIES REGARDING PAWNBROKERS.
Reps. PENDARVIS, GILLIARD and WILLIAMS withdrew their requests for debate on the following Bill:
S. 1027 (Word version) -- Senator Young: A BILL TO AMEND SECTION 41-27-370(4) OF THE 1976 CODE, RELATING TO UNEMPLOYMENT, TO PROVIDE THAT THE FILING PROVISIONS IMPOSED PURSUANT TO A REGULATION OR PROCEDURE OF THE DEPARTMENT DO NOT APPLY TO EMPLOYERS IN THIS STATE WITH FEWER THAN FIFTY EMPLOYEES.
Reps. ALLISON, DANING, S. RIVERS, CROSBY, LONG, BRYANT, FELDER and FORREST withdrew their requests for debate on the following Bill:
S. 170 (Word version) -- Senators Shealy and Hutto: A BILL TO AMEND ARTICLE 7, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, BY ADDING SECTIONS 17-5-541 AND 17-5-542, SO AS TO PROVIDE THAT THE CORONER OF EACH COUNTY SHALL SCHEDULE A LOCAL CHILD FATALITY REVIEW TEAM TO PERFORM A REVIEW OF A CASE WHERE A CHILD UNDER THE AGE OF EIGHTEEN DIES IN THE COUNTY HE SERVES AND TO PROVIDE THE PURPOSE OF THE REVIEW TEAM; TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, RELATING TO CORONERS, BY ADDING SECTION 17-5-140, SO AS TO PROVIDE THAT FUNDS MUST BE DISBURSED TO THE COUNTIES EQUALLY TO PAY THE DULY ELECTED FULL-TIME CORONER OR OTHER RELATED PERSONNEL OR EQUIPMENT AND TO PROVIDE THAT EXCESS FUNDS MUST BE USED BY THE CORONERS TRAINING ADVISORY COMMITTEE TO PERFORM ITS DUTIES; AND TO AMEND SECTION 17-5-130, RELATING TO THE CORONERS TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE ADDITIONAL DUTIES.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
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 Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis McKnight Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Rutherford G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire Williams Willis Wooten Young Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5272 (Word version) -- Rep. Parks: A BILL TO AMEND ACT 185 OF 1997, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 4 OF MCCORMICK COUNTY, SO AS TO REVISE THE FILING PERIOD FOR STATEMENTS OF CANDIDACY.
Rep. PARKS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Henderson Henderson-Myers Henegan Hewitt Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack McCoy McCravy McEachern McGinnis McKnight Murphy B. Newton W. Newton Ott Parks Pitts Putnam Ridgeway S. Rivers Rutherford Sandifer Simrill Sottile Spires Stavrinakis Stringer Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER granted Rep. YOW a leave of absence for the remainder of the day.
The following Concurrent Resolution was taken up:
H. 5302 (Word version) -- Reps. Johnson, Duckworth, McGinnis, Hewitt, Hardee, Crawford, Clemmons and Fry: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 135 (CATES BAY HIGHWAY) AND FIREHOUSE ROAD IN HORRY COUNTY "JAMES RONALD HUCKS MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1192 (Word version) -- Senators Gambrell, Nicholson and Campsen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221/SOUTH CAROLINA HIGHWAY 72 IN GREENWOOD COUNTY, FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 25 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 246, "EMMETT I. DAVIS, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
Rep. DELLENEY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
S. 962 (Word version) -- Senator Alexander: 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. FRY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 190 (Word version) -- Senator Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 33 TO TITLE 33 SO AS TO ENACT THE "REVISED UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT", TO AMONG OTHER THINGS, DEFINE TERMS, SPECIFY APPLICABILITY, SET FORTH POWERS OF UNINCORPORATED NONPROFIT ASSOCIATIONS, TO SPECIFY LIABILITY, AND TO SET FORTH THE PROCESS BY WHICH A LEGAL ACTION AGAINST AN ASSOCIATION IS ADJUDICATED.
Rep. MCCOY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
S. 862 (Word version) -- Senator Young: A BILL TO AMEND SECTION 35-1-602(d) OF THE 1976 CODE, RELATING TO SECURITIES COMMISSIONERS' INVESTIGATIONS AND SUBPOENAS, TO PROVIDE THAT THIS SECTION DOES NOT PRECLUDE A PERSON FROM APPLYING TO THE RICHLAND COUNTY COURT OF COMMON PLEAS FOR RELIEF.
Rep. DELLENEY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cole Collins Crawford Crosby Daning Davis Delleney Duckworth Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan Kirby Knight Loftis Long Lowe Lucas Mace Martin McCoy McCravy McEachern McGinnis McKnight Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 1033 (Word version) -- Senators Shealy, Hutto, McElveen, Jackson, Hembree, Climer, Young, Turner, Campbell, Goldfinch, Gregory, Bennett, Verdin and M. B. Matthews: A BILL TO AMEND SECTION 63-7-1640 OF THE 1976 CODE, RELATING TO FAMILY PRESERVATION AND REUNIFICATION, TO ALLOW THE DEPARTMENT OF SOCIAL SERVICES TO FOREGO REASONABLE EFFORTS TO REUNIFY A FAMILY IN THE CASE OF TORTURE; TO AMEND SECTION 63-7-2570, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, TO ADD TORTURE, OR CONSPIRING TO COMMIT TORTURE, AS A GROUND FOR TERMINATING A PARENT'S RIGHTS; TO AMEND SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, TO ADD DEATH OF A CHILD BY TORTURE, OR BY CONSPIRING TO TORTURE, AS ACTIONS CONSTITUTING THE OFFENSE, AND TO ESTABLISH CRIMINAL PENALTIES; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16 OF THE 1976 CODE, RELATING TO HOMICIDE, BY ADDING SECTION 16-3-100 TO PROVIDE THAT TORTURING A CHILD, OR ALLOWING ANOTHER TO TORTURE A CHILD, IS A CRIMINAL OFFENSE, AND TO ESTABLISH PENALTIES; AND TO DEFINE NECESSARY TERMS.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 1033 (COUNCIL\VR\1033C001.CC.VR18):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 63-7-20(6)(f) and (27) of the 1976 Code is amended to read:
"(f) commits torture or allows torture to be committed against the child; or
(g) has committed abuse or neglect as described in subsections (a) through (e)(f) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect.
(27) Torture includes, but is not limited to, inflicting, or participating in or assisting in inflicting, intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of terrorizing a child or for the purpose of satisfying the sadistic, craven, cruel, or prurient desires of the perpetrator or another person.
(28) 'Unfounded report' means a report made pursuant to this chapter for which there is not a preponderance of evidence to believe that the child is abused or neglected. For the purposes of this chapter, it is presumed that all reports are unfounded unless the department determines otherwise." /
Amend the bill further, as and if amended, by striking SECTION 5 and inserting:
/ SECTION 5. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-100. (A) For purposes of this section, 'torture' includes, but is not limited to, inflicting, or participating in or assisting in inflicting, intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of terrorizing a child or for the purpose of satisfying the sadistic, craven, cruel, or prurient desires of the perpetrator or another person.
(B) It is unlawful for a child's parent or guardian, an adult with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 63-7-20 to torture a child. A person who is convicted of or pleads guilty to violating the provisions of this subsection is guilty of a felony and, upon conviction, may be imprisoned for life but not less than a term of twenty years.
(C) It is unlawful for a child's parent or guardian, an adult with whom the child's parent or guardian is cohabitating, or any other person responsible for a child's welfare as defined in Section 63-7-20 knowingly to allow another person to torture a child. A person who is convicted of or pleads guilty to violating the provisions of this subsection is guilty of a felony and, upon conviction, must be imprisoned for a term not less than ten years." /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
Rep. BANNISTER moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 820 (Word version) -- Senators Fanning, Climer and Peeler: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A REFERENDUM VOTE, SO AS TO DELETE A PRIOR REFERENCE TO A DATE.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 820 (COUNCIL\CZ\820C001.NBD.CZ18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 61-6-2010(C)(2) and inserting:
/ (2) A referendum for this purpose may not be held more often than once in forty-eight months On or after June 21, 1993, a question authorized by this subsection may not appear on the ballot for a county or municipality less than forty-eight months following the failure of a question authorized by this subsection in said county or municipality. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Duckworth Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Long Lowe Lucas Mace Mack McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pope Putnam Ridgeway S. Rivers Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
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:
S. 115 (Word version) -- Senators Rankin and Hutto: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 3, SO AS TO PROVIDE FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF A MANDATORY ALCOHOL SERVER TRAINING AND EDUCATION PROGRAM; TO REQUIRE SERVERS OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN LICENSED OR PERMITTED BUSINESSES TO OBTAIN ALCOHOL SERVER CERTIFICATES; TO PROVIDE GUIDANCE FOR THE CURRICULA OF THE TRAINING PROGRAMS; TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO BE RESPONSIBLE FOR APPROVAL OF THE TRAINING PROGRAMS AND IMPLEMENTATION OF THE ALCOHOL SERVER CERTIFICATES; TO REQUIRE FEES FROM PROVIDERS OF TRAINING PROGRAMS AND FROM APPLICANTS FOR ALCOHOL SERVER CERTIFICATES TO COVER THE COSTS OF THE MANDATORY TRAINING AND ENFORCEMENT; TO REQUIRE COORDINATION AMONG THE DEPARTMENT OF REVENUE, THE STATE LAW ENFORCEMENT DIVISION, AND OTHER STATE AND LOCAL AGENCIES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THESE PROVISIONS; TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS NECESSARY TO ESTABLISH, IMPLEMENT, AND ENFORCE THESE PROVISIONS.
Reps. HIOTT, WHITMIRE, FORREST, BROWN, ATKINSON, FINLAY, TOOLE, WOOTEN, MCGINNIS, CRAWFORD, BALLENTINE, HILL, GAGNON, THAYER, DUCKWORTH, CROSBY, GILLIARD, MACK, HOSEY, S. RIVERS, BENNETT and HAYES requested debate on the Bill.
The following Bill was taken up:
S. 959 (Word version) -- Senators Corbin, Hembree and Timmons: A BILL TO AMEND SECTION 16-11-770 OF THE 1976 CODE, RELATING TO ILLEGAL GRAFFITI VANDALISM, TO PROVIDE THAT, NOTWITHSTANDING THE PROVISIONS OF SECTIONS 22-3-540, 22-3-545, 22-3-550, AND 14-25-65, A FIRST OFFENSE MAY BE TRIED IN MAGISTRATES OR MUNICIPAL COURT.
Rep. WEEKS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Arrington Atwater Ballentine Bamberg Bannister Bernstein Blackwell Bowers Brawley Brown Burns Chumley Clary Cobb-Hunter Cole Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McEachern Murphy B. Newton W. Newton Parks Pitts Putnam Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
Bryant Pope
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 176 (Word version) -- Senator Sheheen: A BILL TO AMEND CHAPTER 1, TITLE 24 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING SECTION 24-1-300, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A DEPARTMENT OF CORRECTIONS FACILITY WITHOUT WRITTEN CONSENT, AND TO PROVIDE PENALTIES FOR THE VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 176 (COUNCIL\CM\176C001.GT.CM18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-300. (A) Except as provided in subsection (D), a person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any Department of Corrections facility without written consent from the Director of the Department of Corrections.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C)(1) In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the Department of Corrections. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Records must be kept of all confiscated unmanned aerial vehicles received by the Department of Corrections under the provisions of this section. Upon conviction, pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be transferred to the State Law Enforcement Division to use within the agency for any lawful purpose or for destruction, unless otherwise provided in this section.
(2) Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the Department of Corrections with proof of ownership; shall certify that the innocent owner neither was a consenting party to nor had knowledge of the use of the unmanned aerial vehicle that made it subject to confiscation; and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The Department of Corrections shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the Department of Corrections may use the unmanned aerial vehicle within the agency for any lawful purpose or destroy it.
(D) The provisions of this section do not apply to any person who: registers with the Federal Aviation Administration as an operator of a commercial unmanned aerial vehicle; operates the vehicle for the purpose of monitoring, operating, maintaining or enhancing electric, communications, water conveyance, or transportation infrastructure or determining if repairs to such infrastructure are necessary; and separately notifies the Director of the Department of Corrections or his designee no more than five days and no less two hours prior to each operation of the vehicle, provided that the notification must include the registration number the Federal Aviation Administration has issued for the vehicle."
SECTION 2. Article 1, Chapter 5, Title 24 of the 1976 Code is amended by adding:
"Section 24-5-175. (A) Except as provided in subsection (D), a person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of two hundred fifty feet from any local detention facility without written consent from the jail administrator.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C)(1) In addition to the penalty provided in this section, an unmanned aerial vehicle involved in the violation of this section may be confiscated by the jail administrator of a local detention facility. An unmanned aerial vehicle must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Records must be kept of all confiscated unmanned aerial vehicles received by the jail administrator under the provisions of this section. Upon conviction, pursuant to a violation of this section, the relevant unmanned aerial vehicle shall be transferred to the South Carolina Law Enforcement Division to use within the agency for any lawful purpose or for destruction, unless otherwise provided in this section.
(2) Any unmanned aerial vehicle confiscated pursuant to this section shall be administratively released to an innocent owner. The unmanned aerial vehicle must not be released to the innocent owner until the results of any legal proceedings in which the unmanned aerial vehicle may be involved are finally determined, or as otherwise required by Section 17-28-300, et seq. Before the unmanned aerial vehicle may be released, the innocent owner shall provide the jail administrator with proof of ownership; shall certify that the innocent owner neither was a consenting party to nor had knowledge of the use of the unmanned aerial vehicle that made it subject to the confiscation; and shall certify that the innocent owner will not release the unmanned aerial vehicle to the person who was charged with the violation of this section that resulted in the confiscation of the unmanned aerial vehicle. The jail administrator shall notify the innocent owner when the unmanned aerial vehicle is available for release. If the innocent owner fails to recover the unmanned aerial vehicle within thirty days after notification of the release, the local detention facility may use the unmanned aerial vehicle within the agency for any lawful purpose or destroy it.
(D) The provisions of this section do not apply to any person who: registers with the Federal Aviation Administration as an operator of a commercial unmanned aerial vehicle; operates the vehicle for the purpose of monitoring, operating, maintaining or enhancing electric, communications, water conveyance, or transportation infrastructure or determining if repairs to such infrastructure are necessary; and separately notifies the jail administrator or his designee no more than five days and no less two hours prior to each operation of the vehicle, provided that the notification must include the registration number the Federal Aviation Administration has issued for the vehicle."
SECTION 3. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-310. The Department of Corrections shall petition the Federal Aviation Administration (FAA) to designate any local detention facility, or State or federal correctional facility in the State as a fixed site facility within ninety days of the effective date of this section, pursuant to rules and regulations adopted pursuant to Section 2209 of the FAA Extension, Safety, and Security Act of 2016, Public Law No. 114-190. The department shall follow all guidance from the FAA in submitting and processing the petition. The South Carolina Aeronautics Commission shall publish designations by the FAA in accordance with this act on the commission's website."
SECTION 4. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-320. To promote harmonization and air safety, the Department of Corrections and local detention facilities shall provide the South Carolina Aeronautics Commission a list of designated sites or facilities, and shall provide the commission with the unmanned aerial vehicle boundary in electronic format (ARGIS or AutoCAD) necessary to display the information within the Geographical Information Systems formats utilized by the commission within thirty day of the effective date of this section, and the commission shall publish the designated sites or facilities' information on the commission's website."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS explained the amendment.
The amendment was then adopted.
Rep. PITTS proposed the following Amendment No. 2 to S. 176 (COUNCIL\WAB\176C001.AGM.WAB18), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Article 18
Illegal Immigration Unit
Section 23-3-1600. (A) There is created an Illegal Immigration Enforcement Unit within the South Carolina Law Enforcement Division (SLED). The purpose of the Illegal Immigration Enforcement Unit is to enforce immigration laws as authorized pursuant to federal laws and the laws of this State.
(B) The Illegal Immigration Enforcement Unit is under the administrative direction of the Chief of SLED. The chief shall maintain and provide administrative support for the Illegal Immigration Enforcement Unit. The chief may appoint appropriate personnel within SLED to administer and oversee the operations of the Illegal Immigration Enforcement Unit.
(C)(1) The Illegal Immigration Enforcement Unit is composed of officers, agents, and employees as the chief considers necessary and proper for the enforcement of immigration laws as authorized pursuant to federal laws and the laws of this State.
(2)(a) The enforcement of immigration laws as authorized pursuant to federal laws and the laws of this State must be the only responsibility of the officers of the Illegal Immigration Enforcement Unit.
(b) The officers are commissioned by the Governor upon the recommendation of the chief.
(c) The officers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as those sheriffs to arrest without warrants and to detain persons found violating or attempting to violate immigration laws. The officers also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
(d) SLED must provide the officers with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. The officers at all times, when in the performance of their duties, must wear complete uniforms with badges conspicuously displayed on the outside of their uniforms, except officers performing undercover duties. The chief shall prescribe a unique and distinctive official uniform with appropriate insignia to be worn by all officers when on duty and at other times as the chief orders, and a distinctive color or colors and appropriate emblems for all motor vehicles used by the Illegal Immigration Enforcement Unit except those designated by the chief. Any other law enforcement agency, private security agency, or any person may not wear a similar uniform and insignia that could be confused with the uniform and insignia of the Illegal Immigration Enforcement Unit. An emblem may not be used on a non-SLED motor vehicle, nor may the vehicle be painted in a color or in any manner that would cause the vehicle to be similar to an Illegal Immigration Enforcement Unit vehicle or readily confused with it. The chief shall file with the Legislative Council for publication in the State Register a description and illustration of the official Illegal Immigration Enforcement Unit uniform with insignia and the emblems of the official Illegal Immigration Enforcement Unit and motor vehicles including a description of the color of the uniforms and vehicles.
(D) Notwithstanding any other provision of law, the Illegal Immigration Enforcement Unit must be funded annually by a specific appropriation to the Illegal Immigration Enforcement Unit in the state general appropriations act, separate and distinct from SLED's other appropriations.
(E) The chief shall negotiate the terms of a memorandum of agreement with the United States Immigration and Customs Enforcement pursuant to Section 287(g) of the federal Immigration and Nationality Act as soon as possible after the effective date of this act.
(F) Nothing in this section may be construed to prevent other law enforcement agencies of the State and political subdivisions of the State, including local law enforcement agencies, from enforcing immigration laws as authorized pursuant to federal laws and the laws of this State.
(G) SLED shall develop an illegal immigration enforcement training program which SLED shall offer to all local law enforcement agencies to assist any local law enforcement agency wishing to utilize the training program in the proper implementation, management, and enforcement of applicable immigration laws."
SECTION ___. The Illegal Immigration Enforcement Unit of the Department of Public Safety is transferred to and incorporated into the State Law Enforcement Division (SLED). The employees, authorized appropriations, assets, and liabilities of the unit also are transferred to and become part of SLED. All classified or unclassified personnel employed by the unit on the effective date of this act, either by contract or by employment at will, shall become employees of SLED, with the same employment status, compensation, classification, and grade level, as applicable.
SECTION ___. Section 23-6-60 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. PITTS explained the amendment.
Rep. WILLIAMS raised the Point of Order that under Rule 9.3 that Amendment No. 2 to S 176 was out of order in that it was not germane to the Bill.
Rep. PITTS spoke against the Point of Order.
The SPEAKER sustained the Point of Order and ruled Amendment No. 2 to be non-germane.
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 Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Long Lowe Lucas Mace Mack McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
Brawley Martin Rutherford G. R. Smith Trantham
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. DELLENEY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
S. 962 (Word version) -- Senator Alexander: 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. FRY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 1033 (Word version) -- Senators Shealy, Hutto, McElveen, Jackson, Hembree, Climer, Young, Turner, Campbell, Goldfinch, Gregory, Bennett, Verdin and M. B. Matthews: A BILL TO AMEND SECTION 63-7-1640 OF THE 1976 CODE, RELATING TO FAMILY PRESERVATION AND REUNIFICATION, TO ALLOW THE DEPARTMENT OF SOCIAL SERVICES TO FOREGO REASONABLE EFFORTS TO REUNIFY A FAMILY IN THE CASE OF TORTURE; TO AMEND SECTION 63-7-2570, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, TO ADD TORTURE, OR CONSPIRING TO COMMIT TORTURE, AS A GROUND FOR TERMINATING A PARENT'S RIGHTS; TO AMEND SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, TO ADD DEATH OF A CHILD BY TORTURE, OR BY CONSPIRING TO TORTURE, AS ACTIONS CONSTITUTING THE OFFENSE, AND TO ESTABLISH CRIMINAL PENALTIES; TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16 OF THE 1976 CODE, RELATING TO HOMICIDE, BY ADDING SECTION 16-3-100 TO PROVIDE THAT TORTURING A CHILD, OR ALLOWING ANOTHER TO TORTURE A CHILD, IS A CRIMINAL OFFENSE, AND TO ESTABLISH PENALTIES; AND TO DEFINE NECESSARY TERMS.
Reps. RUTHERFORD, KING, WHEELER, PITTS, WILLIAMS, HENEGAN, GILLIARD and ERICKSON requested debate on the Bill.
The following Bill was taken up:
S. 109 (Word version) -- Senator McElveen: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO TRESPASSES AND THE UNLAWFUL USE OF THE PROPERTY OF OTHERS, BY ADDING SECTION 16-11-605, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A STATE OR FEDERAL MILITARY INSTALLATION AND TO PROVIDE PENALTIES FOR THE VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 109 (COUNCIL\AHB\109C001.BH.AHB18):
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-605. (A) Except as provided in subsection (B), a person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of four hundred feet from a state or federal military installation with restricted public access without written consent from the commander of the specific military installation or his designee. If specific approvals have been given, all flights must be conducted within the requirements set forth by the Federal Aviation Administration for the operations of unmanned aerial vehicles.
(B) This section does not apply to any person who: registers with the Federal Aviation Administration as an operator of a commercial unmanned aerial vehicle; operates the vehicle for the purpose of monitoring, operating, maintaining, or enhancing electric, communications, water conveyance, or transportation infrastructure or determining if repairs to such infrastructure are necessary; and notifies the commander of the specific military installation prior to operating the vehicle, provided that the notification must include the registration number the Federal Aviation Administration has issued for the vehicle.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS explained the amendment.
Reps. PITTS, RUTHERFORD, MURPHY, STAVRINAKIS, WEST, HIOTT and G. R. SMITH requested debate on the Bill.
The following Bill was taken up:
S. 131 (Word version) -- Senators McLeod, Hutto, Jackson, Kimpson, M. B. Matthews, Fanning, Shealy, Senn and Malloy: A BILL TO AMEND SECTION 16 17 420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING DISTURBING SCHOOLS, SO AS TO RESTRUCTURE THE OFFENSES TO PROVIDE A DELINEATED LIST OF THOSE ACTIONS WHICH INVOLVE DISTURBING SCHOOLS, TO REVISE THE PENALTY FOR A VIOLATION OF A DISTURBING SCHOOLS OFFENSE, AND TO PROVIDE AN EXCEPTION FOR SCHOOL SPONSORED ATHLETIC EVENTS.
Rep. WEEKS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Burns Caskey Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Hamilton 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 Martin McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
Bryant Chumley
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 928 (Word version) -- Senators Scott, Jackson, McLeod, Campbell and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO PROVIDE THAT A SPECIAL PURPOSE DISTRICT THAT HAS ACQUIRED A WORK OF ART BY GIFT, BEQUEST, PURCHASE, OR BY OTHER MEANS, MAY TRANSFER OWNERSHIP OF THE OBJECT TO A NONPROFIT CORPORATION ORGANIZED FOR THE PURPOSE OF DISPLAYING WORKS OF ART FOR SUCH CONSIDERATION OR UPON THE TERMS THE GOVERNING BODY OF THE SPECIAL PURPOSE DISTRICT, IN ITS DISCRETION, FINDS TO BE SUFFICIENT AND APPROPRIATE.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 928 (COUNCIL\ZW\928C001.GGS.ZW18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/ SECTION 1. Article 1, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-180. (A) Notwithstanding another provision of law, a special purpose district that has acquired a work of art by gift, bequest, purchase, or other means, may transfer ownership of the object:
(1) to a nonprofit corporation organized for the purpose of displaying works of art for the public; and
(2) for the consideration and upon the terms the governing body of the special purpose district, in its discretion, finds to be sufficient and appropriate.
(B) A transfer of a work of art by a special purpose district to a nonprofit corporation pursuant to this section must be documented by written agreement in which the nonprofit corporation must covenant that money proceeds, if any, which arise from its subsequent transfer of a work of art must be held by the nonprofit corporation and expended solely in furtherance of its purpose of displaying works of art for the public."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. JOHNSON 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 Arrington Atkinson Atwater Ballentine Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton 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 Martin McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill Sottile Spires Stavrinakis Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
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. 1190 (Word version) -- Senators Sheheen, Campsen, Verdin and Campbell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FOCUS THE RESOURCES OF THE DEPARTMENT'S DAMS AND RESERVOIRS SAFETY PROGRAM ON REGULATING THE STATE'S HIGH AND SIGNIFICANT HAZARD DAMS.
Rep. HIOTT explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Ballentine Bannister Bennett Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hiott Hosey Howard Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Wooten Young
Those who voted in the negative are:
Hill Putnam Willis
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
S. 671 (Word version) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2017-2018 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.
Rep. WHITE proposed the following Amendment No. 1 to S. 671 (COUNCIL\DG\671C001.BBM.DG18), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) If the 2018-2019 state fiscal year begins with no annual general appropriations act in effect for that year, the authority to pay the recurring expenses of state government continues at the level of amounts appropriated in Act 97 of 2017 for the recurring expenses of state government for Fiscal Year 2018-2019 except as provided in subsection (B).
The effective dates of Parts IA and IB of Act 97 of 2017 are extended until the effective date for appropriations made in a general appropriations act for Fiscal Year 2018-2019, after which appropriations made pursuant to this joint resolution are deemed to have been made pursuant to the general appropriations act for Fiscal Year 2018-2019.
(B) Notwithstanding debt service appropriations in Act 97 of 2017 and until the effective date of the appropriations made in a general appropriations act for Fiscal Year 2018-2019, there is appropriated from the general fund of the State whatever amount is necessary for timely debt service on state obligations and other amounts constitutionally required to be appropriated, including the Capital Reserve Fund. The General Reserve Fund is established in the amount required by law.
SECTION 2. This joint resolution takes effect July 1, 2018, and applies as provided in SECTION 1. /
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Ballentine Bannister Bennett Blackwell Bowers Bradley Brawley Bryant Burns Caskey Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis B. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 810 (Word version) -- Senator Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-39-165 SO AS TO PROVIDE COUNTIES OR MUNICIPALITIES MAY ENACT ORDINANCES REQUIRING THE PAYMENT OF FEES OR TAXES RELATED TO PAWN TRANSACTIONS OR PURCHASES, AND TO PROVIDE THE PROVISIONS OF CHAPTER 39, TITLE 40 DO NOT AFFECT THE AUTHORITY OF A COUNTY OR MUNICIPALITY TO ESTABLISH LAND USE CONTROLS OR REQUIRE A PAWNBROKER TO OBTAIN A LOCAL OCCUPATIONAL LICENSE; TO AMEND SECTION 40-39-40, AS AMENDED, RELATING TO THE PROHIBITION ON AUTHORIZED PAWNBROKER FEES, SO AS TO REMOVE THE PROHIBITION; TO AMEND SECTION 40-39-70, AS AMENDED, RELATING TO RECORDKEEPING AND MISCELLANEOUS REQUIREMENTS OF PAWNBROKERS, SO AS TO REQUIRE CERTAIN DIGITAL RECORDS AND TO PROVIDE ALL PLEDGED ITEMS MUST BE HELD FOR TWENTY-ONE DAYS; TO AMEND SECTION 40-39-90, RELATING TO RECORDS PAWNBROKERS SHALL MAINTAIN FOR INSPECTION BY CERTAIN PUBLIC OFFICIALS, SO AS TO PROVIDE MUNICIPALITIES OR COUNTY GOVERNMENTS MAY ENACT LOCAL REGULATIONS REQUIRING THE PAWNSHOPS TO PROVIDE OR TRANSFER THE PAWN RECORDS BY ELECTRONIC DATA TRANSFER TO A LAW ENFORCEMENT DATABASE; TO AMEND SECTION 40-39-145, AS AMENDED, RELATING TO HOLD ORDERS, SO AS TO REMOVE THE EXISTING PROVISIONS AND PROVIDE LAW ENFORCEMENT SHALL SEIZE SUSPECTED STOLEN OR MISAPPROPRIATED PROPERTY IN THE POSSESSION OF A PAWN SHOP, TO PROVIDE A PAWNBROKER'S RELEASE OF SUCH PROPERTY TO LAW ENFORCEMENT DOES NOT CONSTITUTE WAIVER OF THE PAWNBROKER'S INTEREST IN THE PROPERTY, AND TO PROVIDE PLEDGORS SHALL PAY RESTITUTION FOR STOLEN GOODS PLEDGED TO PAWNBROKERS UPON THE COMPLETION OF RELATED CRIMINAL PROCEEDINGS INVOLVING THE STOLEN PLEDGED PROPERTY; TO AMEND SECTION 40-39-160, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO PROVIDE CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS CONCERNING PAWN TICKETS; AND TO REPEAL SECTION 15 OF ACT 262 OF 2016 RELATING TO CERTAIN AUTHORITY OF COUNTIES AND MUNICIPALITIES REGARDING PAWNBROKERS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to S. 810 (COUNCIL\WAB\810C001. AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 40-39-70 of the 1976 Code is amended to read:
"Section 40-39-70. (A) A pawnbroker shall keep a record, at the time of any loan or purchase, containing:
(1) an account and, description, and digital photograph of the goods, articles, or things pawned, pledged, or purchased,;
(2) the amount of money loaned thereon,;
(3) the time of pledging them,;
(4) the charges, or the rate of interest to be paid on the loan,; and
(5) the name and residence of the person selling, pawning, or pledging the goods, articles, or things.
(B) Before a pledge or purchase, the pawnbroker shall verify the identity of the pledgor or seller by reviewing a state-issued or federally-issued photographic identification card, including a United States military identification card, or a passport issued by the United States.
(C) A pawn or purchase transaction must be performed by the owner of the property, or his authorized agent, whose identity and agency relationship must be verified by the pawnbroker."
SECTION 2. Section 40-39-90 of the 1976 Code is amended to read:
"Section 40-39-90. (A) Records kept by pawnbrokers pursuant to this chapter must at all reasonable times be open to the inspection by court officials, law enforcement officers, the administrator of the Department of Consumer Affairs, and their designees. Any loan records identifying any individual must be handled in a confidential manner at all times.
(B) Pawnshops operating in this State shall provide all records of pledged items by electronic data transfer to a database system accessible by law enforcement and approved by the South Carolina Department of Consumer Affairs.
SECTION 3. Section 40-39-145 of the 1976 Code is amended to read:
"Section 40-39-145. (A)(1) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated or stolen, he may place a written hold order on the property. The written hold order must impose a holding period not to exceed ninety days unless extended by court order. The appropriate law enforcement official may rescind, in writing, any hold order. An appropriate law enforcement official may place only one hold order on the property at any given time.
(2) A hold order must specify:
(a) the name and address of the pawnbroker;
(b) the name, title, and identification number of the representative of the appropriate law enforcement official or the court placing the hold order;
(c) the name and address of the appropriate law enforcement official or court to which such representative is attached and the number, if any, assigned to the claim regarding the property;
(d) a complete description of the property to be held, including model number and serial number if applicable;
(e) the name of the person reporting the property to be misappropriated or stolen, unless otherwise prohibited by law;
(f) the mailing address of the pawnbroker where the property is held; and
(g) the expiration date of the holding period.
(3) The pawnbroker or his representative must sign and date a copy of the hold order as evidence of receipt of the hold order and the beginning of the ninety-day holding period.
(4)(a) Except as provided in subitem (b), a pawnbroker may not release or dispose of property subject to a hold order except pursuant to a court order, a written release from the appropriate law enforcement official, or the expiration of the holding period of the hold order.
(b) While a hold order is in effect, the pawnbroker shall, upon request, release the property subject to the hold order to the custody of the appropriate law enforcement official for use in a criminal investigation. The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the pawnbroker unless the court orders another disposition, in which case the court additionally shall order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property together with reasonable attorney's fees and costs he shall deliver to the pawnbroker the relevant police report or case number pertaining to the property, and the pawnbroker shall release the property to the appropriate law enforcement agency for use in a criminal investigation or return the property to the identified innocent owner. A pawnbroker who releases the property to law enforcement must be listed as a statutory victim on all transmitted reports and case files. If at the conclusion of the criminal investigation no identifiable innocent owner is found, the property must be returned to the pawnbroker by the appropriate law enforcement agency.
(B) Upon the expiration of the holding period, the pawnbroker shall notify, in writing, the appropriate law enforcement official by certified mail, return receipt requested, that the holding period has expired. If, on the tenth day after the written notice has been received by the appropriate law enforcement official, the pawnbroker has not received from a court an extension of the hold order on the property and the property is not the subject of a proceeding under this subsection, title to the property shall vest in and be deemed conveyed by operation of law to the pawnbroker, free of any liability for claims but subject to any restrictions contained in the pawn transaction contract and subject to this chapter The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding involving the property identified as stolen, the court additionally shall order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property.
(C) When law enforcement seizes property pursuant to subsection (A), they shall hold the seized property for ten business days before releasing it to an innocent owner. During this ten business day period, a pawnbroker may file an action for claim and delivery of the seized property, provided it also shall serve notice of this action to the law enforcement agency. If no notice is received within this ten business day period, the law enforcement agency may release the property to an identified innocent owner. A law enforcement agency that receives notice shall hold the property during the pendency of the action."
SECTION 4. Section 40-39-160 of the 1976 Code is amended to read:
"Section 40-39-160. (1) If a pawnbroker violates Section 40-39-80, 40-39-100, 40-39-110, or 40-39-130, the pledgor has a cause of action to recover from the pawnbroker actual damages and the right in an action other than a class action to recover from the person violating these provisions a penalty in an amount to be determined by the court of not less than one hundred nor more than one thousand dollars. No action pursuant to this subsection may be brought more than one year after the scheduled or accelerated maturity of the debt.
(2) A pledgor is not obligated to pay a charge in excess of that allowed by this chapter, and has a right of refund of any excess charge paid within ten days of written demand. A refund may not be made by reducing the consumer's obligation by the amount of the excess charge unless the pawnbroker has notified the pledgor that the pledgor may request a refund and the pledgor has not so requested within ten days thereafter.
(3) In an action in which it is found that a pawnbroker has violated this chapter, the court shall award to the pledgor the costs of the action and to the pledgor's attorney reasonable fees. In determining attorney's fees the amount of recovery on behalf of the consumer is not controlling.
(4) Liability to the pledgor for violation of Section 40-39-130 is in lieu of and not in addition to his liability under the Federal Truth in Lending Act. No action with respect to the same violation may be maintained pursuant to both subsection (1) of this section and the Federal Truth in Lending Act.
(5) A pawnbroker who knowingly and intentionally violates the provisions of Section 40-39-90 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. A violation of the provisions of this section is triable in magistrates or municipal court, as appropriate."
SECTION 5. This act takes effect ninety days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. THAYER explained the amendment.
The amendment was then adopted.
Rep. HILL proposed the following Amendment No. 2 to S. 810 (COUNCIL\WAB\810C002.AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by appropriately numbered SECTIONS to read:
/ SECTION ___. Section 40-39-80(B)(1) of the 1976 Code, as added by Act 262 of 2016, is amended to read:
"(1) The pawn ticket for a pledge or purchase transaction must satisfy the requirements of the Truth in Lending Act and Regulation Z, must identify whether the transaction is a pawn or purchase, and at a minimum must include:
(a) the name and address of the pledgor or seller;
(b) the date of birth of the pledgor or seller;
(c) the driver's license number or other state or federal government-issued photographic identification number of the pledgor or seller;
(d) the transaction date;
(e) the transaction maturity date;
(f) the amount financed or purchase price;
(g) the finance charge;
(h) the total of payments;
(i) the annual percentage rate;
(j) the words, 'You are entitled to redeem goods pledged for a loan at any time, in whole or in part, and a pawnbroker must prorate your interest obligation and refund excess payments accordingly';
(jk) a statement of the pledgor or seller that the pledgor or seller is the lawful owner of the pledged or sold property;
(kl) the name and business address of the pawnbroker; and
(lm) a complete and accurate description of the pledged or purchased goods including any applicable:
(i) brand name;
(ii) model number;
(iii) manufacturer's serial number, if issued by the manufacturer and not intentionally defaced, altered or removed;
(iv) size;
(v) color, as apparent to the untrained eye, not applicable to diamonds;
(vi) precious metal type, weight, and content, if known or indicated;
(vii) gemstone color and shape, as apparent to the untrained eye, and number of stones;
(viii) type of action, caliber or gauge, number of barrels, barrel length and finish if the item is a firearm; and
(ix) any other unique markings, numbers, names, or letters."
SECTION ___. Section 40-39-100 of the 1976 Code, as last amended by Act 262 of 2016, is further amended to read:
"Section 40-39-100. (A)(1) A pawnbroker may charge interest on loans not exceeding the following amounts:
(1a) at the rate of two dollars and fifty cents per thirty-day period for each ten dollars loaned for the first fifty dollars loaned;
(2b) at the rate of two dollars per thirty-day period for each ten dollars loaned on that portion of the loan exceeding fifty dollars but not exceeding one hundred dollars;
(3c) at the rate of one dollar and fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one hundred dollars but not exceeding two hundred dollars;
(4d) at the rate of one dollar per thirty-day period for each ten dollars loaned on that portion of the loan exceeding two hundred dollars but not exceeding one thousand dollars;
(5e) at the rate of fifty cents per thirty-day period for each ten dollars loaned on that portion of the loan exceeding one thousand dollars but not exceeding the maximum amount in subsection (C).
(2) If a pledgor redeems pledged goods, in whole or in part, before the expiration of any thirty-day period or agrees to repay a loan in monthly periodic installments before the expiration of any thirty-day period, a pawnbroker:
(a) shall prorate interest owed for the month and finance charges owed for the month from the first day of the month through the date of the redemption or agreement, to include the date of redemption or agreement;
(b) shall, based on the proration in subitem (a), refund any received interest or finance charges that exceed the prorated amounts owed for the period of time beginning with the first day of the month through the date of the redemption or agreement, to include the date of redemption or agreement;
(c) may not impose an additional charge or other fee, or charge interest, for the remaining portion of the thirty-day period after redemption.
(B) No pawnbroker may separate or divide a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn interest rate in excess of that authorized for an amount financed equal to the total of the amounts financed in the resulting transactions.
(C) No pawnbroker may make a loan in excess of fifteen thousand dollars. Every pawnbroker shall post the rates in a form which is prescribed by the administrator. The following statement must be included in the posted rate schedule:
'Consumers: All pawnbrokers operating in South Carolina are required by law to post a schedule showing the maximum rate of LOAN FINANCE CHARGES stated as dollars for each ten dollars for each thirty-day period that the pawnbroker intends to charge for various types of pawn transactions. The purpose of this requirement is to assist you in comparing the maximum rates that pawnbrokers charge, thereby furthering your understanding of the terms of pawn transactions and helping you to avoid the uninformed use of credit.
NOTE: Pawnbrokers are prohibited only from granting credit at rates higher than those specified above. A pawnbroker may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral, and your credit worthiness.
NOTE: You are entitled to redeem goods pledged for a loan at any time, in whole or in part, and a pawnbroker must prorate your interest obligation and refund excess payments accordingly. The purpose of this requirement is to enable you to repay your loan early without penalty and without paying interest on repaid loan money.'" /
Renumber sections to conform.
Amend title to conform.
Rep. HILL explained the amendment.
Rep. THAYER moved to table the amendment.
Rep. HILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Caskey Chumley Clary Cole Collins Crawford Crosby Daning Delleney Duckworth Erickson Felder Forrest Forrester Fry Funderburk Gagnon Hamilton Hayes Henderson Herbkersman Hewitt Hiott Hixon Huggins Jefferson Jordan Knight Loftis Long Lowe Lucas Mack Martin McCoy McGinnis Murphy B. Newton Pitts Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Trantham Weeks West Whitmire Willis Wooten Young
Those who voted in the negative are:
Alexander Anderson Bowers Brawley Brown Cobb-Hunter Dillard Douglas Gilliard Govan Henderson-Myers Henegan Hill Hosey King Kirby McCravy McEachern Ott Parks Pendarvis Putnam Ridgeway Rutherford Wheeler Williams
So, the amendment was tabled.
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 Arrington Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Sandifer Simrill G. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
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. SPIRES a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 1027 (Word version) -- Senator Young: A BILL TO AMEND SECTION 41-27-370(4) OF THE 1976 CODE, RELATING TO UNEMPLOYMENT, TO PROVIDE THAT THE FILING PROVISIONS IMPOSED PURSUANT TO A REGULATION OR PROCEDURE OF THE DEPARTMENT DO NOT APPLY TO EMPLOYERS IN THIS STATE WITH FEWER THAN FIFTY EMPLOYEES.
Rep. THAYER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brown Bryant Burns Caskey Chumley Clary Cole Collins Crawford Crosby Daning Davis Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Putnam Ridgeway S. Rivers Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
Brawley Cobb-Hunter M. Rivers
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 170 (Word version) -- Senators Shealy and Hutto: A BILL TO AMEND ARTICLE 7, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, BY ADDING SECTIONS 17-5-541 AND 17-5-542, SO AS TO PROVIDE THAT THE CORONER OF EACH COUNTY SHALL SCHEDULE A LOCAL CHILD FATALITY REVIEW TEAM TO PERFORM A REVIEW OF A CASE WHERE A CHILD UNDER THE AGE OF EIGHTEEN DIES IN THE COUNTY HE SERVES AND TO PROVIDE THE PURPOSE OF THE REVIEW TEAM; TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, RELATING TO CORONERS, BY ADDING SECTION 17-5-140, SO AS TO PROVIDE THAT FUNDS MUST BE DISBURSED TO THE COUNTIES EQUALLY TO PAY THE DULY ELECTED FULL-TIME CORONER OR OTHER RELATED PERSONNEL OR EQUIPMENT AND TO PROVIDE THAT EXCESS FUNDS MUST BE USED BY THE CORONERS TRAINING ADVISORY COMMITTEE TO PERFORM ITS DUTIES; AND TO AMEND SECTION 17-5-130, RELATING TO THE CORONERS TRAINING ADVISORY COMMITTEE, SO AS TO PROVIDE ADDITIONAL DUTIES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to S. 170 (COUNCIL\ AHB\170C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-541. (A) For the purposes of this section, 'a person responsible for a child's welfare' has the same meaning as in Section 63-7-20(16).
(B) The coroner of each county, within a timeframe not exceeding seven working days, shall schedule a local Child Fatality Review Team to perform a review of a case where a child under the age of eighteen dies in the county he serves. The team may be composed of:
(1) the county coroner or his designee;
(2) a local law enforcement officer;
(3) an agent from the State Law Enforcement Division's Department of Child Fatalities assigned to the case;
(4) a board certified child abuse pediatrician;
(5) a representative from the local county department of social services; and
(6) a forensic pathologist.
(C) In addition to the mandatory notification requirement in Section 17-5-540, the coroner shall immediately notify the local county department of social services and request any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case.
(D) The local county department of social services, within twenty-four hours or one working day, whichever comes first, must provide the coroner and the State Law Enforcement Division's Department of Child Fatalities information related to any involvement of the agency, excluding any economic services, in the life of the child, a sibling, or a person responsible for a child's welfare that resulted in a referred, indicated, or unfounded case.
Section 17-5-542. (A) The purpose of the local Child Fatality Review Team is to rapidly and expeditiously review all child deaths that occur in the county in which each coroner serves.
(B) To achieve this purpose, the local Child Fatality Review Team shall:
(1) enter the team's findings of each reviewed child death into the Child Death Review Case Reporting System at the direction of the coroner;
(2) submit to the State Child Fatality Advisory Committee, a monthly report and any other reports prepared by the team, including the team's findings of each reviewed child death; and
(3) submit a report of the findings of each reviewed child death to the Bureau of Vital Statistics as prescribed by the State."
SECTION 2. Article 3, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-140. (A) From the funds appropriated for the implementation of this section, and subject to the provisions of subsection (C), the State Treasurer shall disburse an equal amount to each county treasurer on a monthly basis. These funds must supplement, and not supplant, existing funds utilized for full-time county coroners.
(B) From the funds received pursuant to this section, each county treasurer must pay the duly elected full-time coroner at least thirty-five thousand dollars annually. If the funds are not totally expended to pay the duly elected full-time coroner, then at the discretion of the coroner he may use the funds to hire a deputy coroner, administrative personnel, or personnel with forensic training. Also, the coroner may use the funds to provide an office or office equipment.
(C) Upon disbursing thirty-five thousand dollars to each county treasurer in a fiscal year, the State Treasurer shall credit any remaining funds pursuant to subsection (D) to the full-time coroners of each county for the performance of their duties. The remaining funds shall be disbursed as follows:
(1) For those counties with a population of one hundred fifty thousand and above, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of fifty-five percent of the remaining funds.
(2) For those counties with a population of at least fifty thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of thirty-five percent of the remaining funds.
(3) For those counties with a population of less than fifty thousand, according to the latest official United States Decennial Census, each full-time coroner shall receive an equal share of ten percent of the remaining funds.
(D) Implementation of this section is contingent upon the appropriation of state general funds or the availability of financial support from other sources and must be operational within one year of adequate funding becoming available."
SECTION 3. Section 17-5-130(G) of the 1976 Code is amended to read:
"(G)(1) The Director of the South Carolina Criminal Justice Academy shall appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners and to determine those forensic science degree and certification programs that qualify as 'recognized' pursuant to the requirements of this section. Also, the committee shall assist in determining annual training requirements as set forth in this section. The committee must consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation.
(2) The Coroners Training Advisory Committee shall govern the qualifications of all coroners, deputy coroners, and candidates for coroner as set forth in this section. Also, the committee must certify all coroners. The committee may require a coroner or a deputy coroner to appear before it for performance review. Failure to appear before the committee or failure to follow state law relating to the performance of official duties may result in sanctioning in the form of a private or public reprimand. Also, the committee may recommend suspension to the Governor and loss of funding to the county council. A person may appeal an action of the committee pursuant to the provisions of Chapter 23, Title 1. The committee may hire an administrative assistant if it is determined necessary."
SECTION 4. Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-543. (A) Meetings of the Child Fatality Review Team the 'review team' are closed to the public and are not subject to Chapter 4, Title 30, the Freedom of Information Act, when the review team is discussing individual cases of child deaths.
(B) Except as provided in subsection (C), meetings of the review team are open to the public and subject to the Freedom of Information Act when the review team is not discussing individual cases of child deaths.
(C) Information identifying a deceased child or a family member, guardian, or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child may not be disclosed during a public meeting and information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
(D) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned not more than six months, or both."
SECTION 5. Article 7, Chapter 5, Title 17 of the 1976 Code is amended by adding:
"Section 17-5-544. (A) All information, documents, and records of the Child Fatality Review team, records acquired by the review team, or records prepared by members of the review team in the exercise of their purposes and duties pursuant to this article are confidential, exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act, and only may be disclosed as necessary to carry out the review team's duties and purposes.
(B) Statistical compilations of data that do not contain information that would permit the identification of a person to be ascertained are public records.
(C) Reports of the review team that do not contain information that would permit the identification of a person to be ascertained are public information.
(D) Except as necessary to carry out the review team's purposes and duties, members of the committee and persons attending their meeting may not disclose what transpired at a meeting and may not disclose information, the disclosure of which is prohibited by this section.
(E) Members of the Child Fatality Review Team, persons attending a committee meeting, and persons who present information to the review team may be required to disclose in any civil or criminal proceeding information presented in or opinions formed as a result of a meeting, except that information available from other sources is not immune from introduction into evidence through those sources solely because it was presented during proceedings of the committee or department or because it is maintained by the committee or department. Nothing in this subsection may be construed to prevent a person from testifying to information obtained independently of the committee or which is public information.
(F) All information, documents, and records of the Child Fatality Review team, records acquired by the review team, and records prepared by the review team are not subject to subpoena, discovery, or the Freedom of Information Act, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or the Freedom of Information Act through those sources solely because they were presented during proceedings of the committee or department or because they are maintained by the committee or department.
(G) Violation of this section is a misdemeanor and, upon conviction, a person must be fined not more than five hundred dollars or imprisoned for not more than six months, or both."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RIDGEWAY 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 Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Cobb-Hunter Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis Murphy B. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Rutherford Sandifer G. R. Smith Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Reps. WEST, MURPHY and HIOTT withdrew their requests for debate on the following Bill:
S. 109 (Word version) -- Senator McElveen: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO TRESPASSES AND THE UNLAWFUL USE OF THE PROPERTY OF OTHERS, BY ADDING SECTION 16-11-605, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A STATE OR FEDERAL MILITARY INSTALLATION AND TO PROVIDE PENALTIES FOR THE VIOLATION.
Reps. HUGGINS, JEFFERSON, MCCRAVY, WHEELER, LONG, DILLARD, TRANTHAM, HAMILTON, ELLIOTT, CRAWFORD, ERICKSON, G. R. SMITH and FORRESTER withdrew their requests for debate on the following Bill:
S. 917 (Word version) -- Senators Kimpson, Scott and Campsen: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, SO AS TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
Rep. DELLENEY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
S. 962 (Word version) -- Senator Alexander: 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. FRY moved to adjourn debate on the Bill until Thursday, May 10, which was agreed to.
The following Bill was taken up:
S. 109 (Word version) -- Senator McElveen: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO TRESPASSES AND THE UNLAWFUL USE OF THE PROPERTY OF OTHERS, BY ADDING SECTION 16-11-605, TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE AN UNMANNED AERIAL VEHICLE WITHIN A CERTAIN DISTANCE OF A STATE OR FEDERAL MILITARY INSTALLATION AND TO PROVIDE PENALTIES FOR THE VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 109 (COUNCIL\AHB\109C001.BH.AHB18), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-605. (A) Except as provided in subsection (B), a person shall not operate an unmanned aerial vehicle within a horizontal distance of five hundred feet or a vertical distance of four hundred feet from a state or federal military installation with restricted public access without written consent from the commander of the specific military installation or his designee. If specific approvals have been given, all flights must be conducted within the requirements set forth by the Federal Aviation Administration for the operations of unmanned aerial vehicles.
(B) This section does not apply to any person who: registers with the Federal Aviation Administration as an operator of a commercial unmanned aerial vehicle; operates the vehicle for the purpose of monitoring, operating, maintaining, or enhancing electric, communications, water conveyance, or transportation infrastructure or determining if repairs to such infrastructure are necessary; and notifies the commander of the specific military installation prior to operating the vehicle, provided that the notification must include the registration number the Federal Aviation Administration has issued for the vehicle.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars or imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. WEEKS moved to table the amendment, which was agreed to.
Reps. G. M. SMITH and RUTHERFORD proposed the following Amendment No. 2 to S. 109 (COUNCIL\WAB\109C001.AGM. WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 11, Title 16 of the 1976 Code is amended by adding:
"Section 16-11-605. (A) Except as provided in subsection (B), a person shall not intentionally and wilfully operate an unmanned aerial vehicle within the flight path of a federal military installation with restricted public access without written consent from the commander of the specific military installation or his designee. If specific approvals have been given, all flights must be conducted within the requirements set forth by the Federal Aviation Administration for the operations of unmanned aerial vehicles.
(B) This section does not apply to any person who: registers with the Federal Aviation Administration as an operator of a commercial unmanned aerial vehicle; operates the vehicle for the purpose of monitoring, operating, maintaining, or enhancing electric, communications, water conveyance, or transportation infrastructure or determining if repairs to such infrastructure are necessary; and notifies the commander of the specific military installation prior to operating the vehicle, provided that the notification must include the registration number the Federal Aviation Administration has issued for the vehicle.
(C) A person who violates this section is subject to a civil fine not to exceed one hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WEEKS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Bradley Brawley Bryant Burns Caskey Chumley Clary Cobb-Hunter Collins Crawford Crosby Daning Davis Delleney Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Huggins Jefferson Johnson Jordan King Kirby Knight Long Lucas Mace Mack Martin McCoy McCravy McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
Pitts
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 917 (Word version) -- Senators Kimpson, Scott and Campsen: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, SO AS TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
Rep. HIXON proposed the following Amendment No. 5 to S. 917 (COUNCIL\WAB\917C001.AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/ SECTION 1. A. Section 6-1-530(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, renourishment, or other tourism-related lands and water access;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-530 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the local accommodations tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 2. A. Section 6-1-730(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related ddemand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-730 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the hospitality tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 3. Section 6-4-10(4)(b) of the 1976 Code is amended to read:
"(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
(i) advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(ii) promotion of the arts and cultural events;
(iii) construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
(iv) the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
(v) public facilities such as restrooms, dressing rooms, parks, and parking lots;
(vi) tourist shuttle transportation;
(vii) control and repair of waterfront erosion, including beach renourishment;
(viii)operating visitor information centers;
(ix) site preparation including, but not limited to, demolition, repair, or construction to be used for the subitems of this section; and
(x) control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas.
The provisions of item (b)(x) only may be utilized in counties which have collected at least fourteen million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of item (b)(x) or fronts the Savannah River.
If applying the provisions of item (b)(x) relating to flooding and drainage, the revenues must be expended exclusively on beach outfalls and on other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
A county or municipality may not expend more than thirty percent of the revenues of the local accommodations tax on the purposes set forth in item (b)(x).
The provisions of item (b)(x) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county or municipality has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of item (b)(x) remain effective for that county or municipality until such project is completed or until the indebtedness on such bonds is discharged, as applicable." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON moved to table the amendment, which was agreed to.
Rep. CRAWFORD proposed the following Amendment No. 8 to S. 917 (COUNCIL\CM\917C001.GT.CM18), which was tabled:
Amend the bill, as and if amended, Section 6-4-10(4)(b), as contained in SECTION 3, by adding the following undesignated paragraph at the end:
/ As contained in this subitem, "tourism-related lands or areas" means any area or lands within the coastal zone. /
Renumber sections to conform.
Amend title to conform.
Rep. CRAWFORD explained the amendment.
Rep. MURPHY moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atwater Ballentine Bannister Brawley Bryant Caskey Clary Cobb-Hunter Collins Crosby Daning Davis Dillard Douglas Felder Finlay Forrest Funderburk Gilliard Hamilton Henegan Hiott Hixon Hosey Howard Huggins Jefferson King Kirby Knight Mace Mack McCoy McCravy Murphy Ott Parks Pendarvis Pitts Ridgeway M. Rivers S. Rivers Sandifer G. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Thigpen Trantham Willis Wooten Young
Those who voted in the negative are:
Atkinson Bamberg Bennett Burns Chumley Crawford Duckworth Forrester Fry Gagnon Govan Hayes Henderson-Myers Herbkersman Hewitt Hill Johnson Jordan Loftis Long Lowe Martin McEachern McGinnis B. Newton Putnam Rutherford G. M. Smith Weeks West Wheeler Whitmire
So, the amendment was tabled.
The SPEAKER granted Rep. MCCOY a leave of absence for the remainder of the day.
Rep. ERICKSON proposed the following Amendment No. 9 to S. 917 (COUNCIL\WAB\917C005.AGM.WAB18), which was rejected:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/ SECTION 1. A. Section 6-1-530(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, renourishment, or other tourism-related lands and water access;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-530 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least seven million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the local accommodations tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 2. A. Section 6-1-730(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related ddemand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-730 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) The provisions of subsection (A)(7) only may be utilized in counties which have collected at least seven million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of subsection (A)(7).
(2) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(3) A county may not expend more than thirty percent of the revenues of the hospitality tax authorized in this article on the purposes set forth in subsection (A)(7).
(4) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 3. Section 6-4-10(4)(b) of the 1976 Code is amended to read:
"(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
(i) advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(ii) promotion of the arts and cultural events;
(iii) construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
(iv) the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
(v) public facilities such as restrooms, dressing rooms, parks, and parking lots;
(vi) tourist shuttle transportation;
(vii) control and repair of waterfront erosion, including beach renourishment;
(viii)operating visitor information centers;
(ix) site preparation including, but not limited to, demolition, repair, or construction to be used for the subitems of this section; and
(x) control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas.
The provisions of item (b)(x) only may be utilized in counties which have collected at least seven million dollars in state accommodations taxes as imposed pursuant to Section 12-36-920(A) in the most recent fiscal year for which full collection figures are available. Once a county meets this threshold it thereafter may utilize the provisions of item (b)(x).
If applying the provisions of item (b)(x) relating to flooding and drainage, the revenues must be expended exclusively on beach outfalls and on other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
A county or municipality may not expend more than thirty percent of the revenues of the local accommodations tax on the purposes set forth in item (b)(x).
The provisions of item (b)(x) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county or municipality has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of item (b)(x) remain effective for that county or municipality until such project is completed or until the indebtedness on such bonds is discharged, as applicable." /
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
Rep. PITTS moved to table the amendment.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bannister Brawley Bryant Clary Cobb-Hunter Cole Collins Crosby Daning Dillard Felder Forrester Gagnon Gilliard Hamilton Henderson Henderson-Myers Henegan Hiott Hixon Hosey Howard Jefferson King Knight Lucas Mack Murphy Parks Pendarvis Pitts Pope Sandifer G. M. Smith G. R. Smith Sottile Stavrinakis Taylor Thigpen Trantham Whitmire Willis Young
Those who voted in the negative are:
Allison Arrington Atkinson Atwater Ballentine Bamberg Bennett Blackwell Burns Caskey Chumley Davis Douglas Erickson Finlay Fry Funderburk Govan Herbkersman Hewitt Hill Huggins Johnson Jordan Loftis Long Lowe Mace Martin McCravy McEachern McGinnis B. Newton W. Newton Putnam Ridgeway M. Rivers S. Rivers Simrill Thayer Weeks West Wheeler Wooten
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. PITTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Arrington Atkinson Atwater Ballentine Bamberg Bennett Blackwell Burns Caskey Chumley Davis Duckworth Elliott Erickson Finlay Fry Funderburk Govan Herbkersman Hewitt Hill Huggins Johnson Jordan Loftis Long Lowe Lucas Mace Martin McCravy McGinnis B. Newton W. Newton M. Rivers S. Rivers Simrill Thayer West Wheeler Wooten
Those who voted in the negative are:
Alexander Anderson Bannister Brawley Bryant Clary Cobb-Hunter Cole Collins Crosby Daning Delleney Dillard Douglas Felder Forrester Gagnon Gilliard Hamilton Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Jefferson King Kirby Knight Mack McEachern Murphy Ott Parks Pendarvis Pitts Pope Putnam Ridgeway Sandifer G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Taylor Thigpen Trantham Weeks Whitmire Willis Young
So, the amendment was rejected.
Rep. WILLIAMS proposed the following Amendment No. 10 to S. 917 (COUNCIL\WAB\917C006.AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 1, 2, and 3, and inserting:
/ SECTION 1. A. Section 6-1-530(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, renourishment, or other tourism-related lands and water access;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-530 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(2) A county may not expend more than thirty percent of the revenues of the local accommodations tax authorized in this article on the purposes set forth in subsection (A)(7).
(3) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 2. A. Section 6-1-730(A) of the 1976 Code is amended to read:
"(A) The revenue generated by the hospitality tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access and renourishment;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related ddemand;
(7) subject to subsection (C), control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas; or
(8) site preparation including, but not limited to, demolition, repair, or construction, to be used for the subitems of this section."
B. Section 6-1-730 of the 1976 Code is amended by adding a subsection at the end to read:
"(C)(1) If applying the provisions of subsection (A)(7), the revenues must be expended exclusively on beach outfalls or other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
(2) A county may not expend more than thirty percent of the revenues of the hospitality tax authorized in this article on the purposes set forth in subsection (A)(7).
(3) The provisions of subsection (A)(7) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of subsection (A)(7) remain effective for that county until such project is completed or until the indebtedness on such bonds is discharged, as applicable."
SECTION 3. Section 6-4-10(4)(b) of the 1976 Code is amended to read:
"(b) The funds received by a county or municipality which has a high concentration of tourism activity may be used to provide additional county and municipal services including, but not limited to, law enforcement, traffic control, public facilities, and highway and street maintenance, as well as the continual promotion of tourism. The funds must not be used as an additional source of revenue to provide services normally provided by the county or municipality but to promote tourism and enlarge its economic benefits through advertising, promotion, and providing those facilities and services which enhance the ability of the county or municipality to attract and provide for tourists.
'Tourism-related expenditures' include:
(i) advertising and promotion of tourism so as to develop and increase tourist attendance through the generation of publicity;
(ii) promotion of the arts and cultural events;
(iii) construction, maintenance, and operation of facilities for civic and cultural activities including construction and maintenance of access and other nearby roads and utilities for the facilities;
(iv) the criminal justice system, law enforcement, fire protection, solid waste collection, and health facilities when required to serve tourists and tourist facilities. This is based on the estimated percentage of costs directly attributed to tourists;
(v) public facilities such as restrooms, dressing rooms, parks, and parking lots;
(vi) tourist shuttle transportation;
(vii) control and repair of waterfront erosion, including beach renourishment;
(viii)operating visitor information centers;
(ix) site preparation including, but not limited to, demolition, repair, or construction to be used for the subitems of this section; and
(x) control and repair of flooding and drainage, including beach outfalls, within or on tourism-related lands or areas.
If applying the provisions of item (b)(x) relating to flooding and drainage, the revenues must be expended exclusively on beach outfalls and on other public works projects designed to eliminate or mitigate adverse effects of recurrent nuisance tidal flooding, including that which is attributable to sea-level rise, or other recurrent flooding. Such adverse effects include road closures and other transportation disruptions, storm-water drainage issues, and compromised public infrastructure. The beach outfalls or other public works projects must be within or on tourism-related lands or areas. Revenues must not be used to pay claims or otherwise settle litigation that may arise from time to time due to the harmful impacts of nuisance or other flooding.
A county or municipality may not expend more than thirty percent of the revenues of the local accommodations tax on the purposes set forth in item (b)(x).
The provisions of item (b)(x) may not be utilized and the revenues may not be expended for such purposes after July 1, 2028. However, if a county or municipality has begun a project or pledges the revenues for the servicing of bonds on such projects before July 1, 2028, the provisions of item (b)(x) remain effective for that county or municipality until such project is completed or until the indebtedness on such bonds is discharged, as applicable." /
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS explained the amendment.
Rep. SIMRILL moved to table the amendment, which was agreed to.
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 Arrington Atkinson Bannister Bennett Bernstein Blackwell Brawley Burns Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Finlay Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hixon Hosey Jefferson Johnson Jordan King Kirby Knight Lowe Lucas Mace Mack Martin McEachern McGinnis Murphy B. Newton W. Newton Ott Parks Pendarvis Pitts Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith Sottile Stavrinakis Tallon Taylor Thayer Thigpen Weeks West Wheeler Whitmire Williams Willis Young
Those who voted in the negative are:
Atwater Ballentine Bryant Caskey Chumley Felder Forrest Hiott Huggins Loftis Long McCravy G. R. Smith Trantham Wooten
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
The SPEAKER granted Rep. FUNDERBURK a leave of absence for the remainder of the day.
Rep. DELLENEY moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., Wednesday, May 9, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
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.
Very Respectfully,
President
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
The following was received:
Columbia, S.C., Wednesday, May 9, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3819:
H. 3819 (Word version) -- Reps. Bedingfield, Fry, Henderson, Huggins, Johnson, Hewitt, Crawford, Duckworth, King, Knight, Arrington, Forrester, Allison, Tallon, Hamilton, Felder, Elliott, Jordan, B. Newton, Martin, McCravy, Wheeler, Erickson, West, Lowe, Ryhal, Atwater, Willis, Jefferson, W. Newton, Thigpen, Bennett, Crosby, Long, Putnam, Cogswell and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-363 SO AS TO ESTABLISH REQUIREMENTS RELATED TO PRESCRIBING OPIOID ANALGESICS TO MINORS.
The Report of the Committee of Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 9, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 67:
S. 67 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 12-10-88, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT FEES, SO AS TO SPECIFY TO WHOM REDEVELOPMENT FEES MAY BE REMITTED; TO AMEND SECTION 31-12-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE REDEVELOPMENT OF CERTAIN FEDERAL INSTALLATIONS, SO AS TO DEFINE "REDEVELOPMENT PROJECT"; AND BY ADDING SECTION 31-12-70 SO AS TO AUTHORIZE A REDEVELOPMENT AUTHORITY TO USE REDEVELOPMENT FEES ON CERTAIN OPERATING COSTS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 9, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 648:
S. 648 (Word version) -- Senators Scott, Setzler, McLeod, Jackson and McElveen: A BILL TO AMEND SECTION 59-53-1784, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OF SURPLUS PROPERTY BY THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, SO AS TO PROVIDE THAT THE EXEMPTION OF THE AUTHORITY FROM SURPLUS PROPERTY LAWS APPLIES TO REAL, PERSONAL, AND MIXED PROPERTY IN CERTAIN CIRCUMSTANCES.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., Wednesday, May 9, 2018
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 913:
S. 913 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-9-740(B) OF THE 1976 CODE, RELATING TO YOUTH HUNTING DAYS, TO PROVIDE THAT A LICENSE OR TAG REQUIRED PURSUANT TO CHAPTER 9, TITLE 50 IS WAIVED FOR A YOUTH HUNTER ON A YOUTH HUNTING DAY.
Very respectfully,
President
On motion of Rep. HIOTT, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HIXON, KIRBY and YOW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The SPEAKER ordered the following Veto printed in the Journal:
May 3, 2018
The Honorable James H. Lucas
Speaker of the House of Representatives
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. Speaker and Members of the House:
I am hereby vetoing and returning without my approval R. 181, H. 4592 (Word version), which seeks to increase the borrowing limit of the Startex Area Fire District ("District"). To be clear, I am grateful for the District's dedicated and courageous firefighters, and I appreciate the District's cited need to raise its borrowing limit to account for increased operational expenses. However, because the manner in which H. 4592 attempts to accomplish this goal conflicts with the Constitution, I am compelled to veto the Bill.
Article VIII, Section 7 of the South Carolina Constitution expressly prohibits the General Assembly from enacting legislation that applies only to a single county. S.C. Const. art VIII, Section 7; see also S.C. Const. art. Ill, Section 34(1X) (prohibiting local or special laws "where a general law can be made applicable"). Yet, a review of H. 4592 and the District's original enabling legislation reflects that the District is located entirely within Spartanburg County. Accordingly, H. 4592 represents unconstitutional special, or local, legislation. See Spartanburg Sanital J' Sewer Dist. v. City of Spartanburg, 283 S.C. 67, 80, 321 S.E.2d 258, 265 (1984)("Article VIII, Section 7 is not only applicable to special legislation creating a special purpose district, but also to special legislation dealing with special purpose districts created prior to the ratification of [a]rticle VIII or the amendment of prior special legislation." (citation omitted)). Moreover, in attempting to raise the District's borrowing limit, H. 4592 does not appear to satisfy the requirements of Article X, Section 14(8), which "governs the incurring of indebtedness by political subdivisions. . .when such is to be accomplished by tax anticipation notes." 1990 WL 599207 (S.C.A.G. May 30, 1990); see 1993 WL 720103 (S.C.A.G. Apr. 26, 1993); 1993 WL 720104 (S.C.A.G. A pr. 26, 1993); 1981 WL 158253 (S.C.A.G. Apr. 28, 1981). Therefore, while I applaud the sponsors of H. 4592 for their efforts to craft a legislative solution to this problem, I must veto the same because the measure is of doubtful constitutionality.
For the foregoing reasons, I am respectfully vetoing R. 181, H. 4592 and returning the same without my signature.
Yours very truly,
Henry McMaster
Governor
Received as information.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4458 (Word version) -- Reps. Johnson, Hixon, Kirby, Yow, Duckworth, Burns, Blackwell, Dillard, Davis, Forrest, Fry, Hewitt, Crawford, McGinnis, Ott, Bamberg, Erickson, Cobb-Hunter, Willis, Mace, Hill, Gagnon, West, Hardee, Wheeler, McEachern, Magnuson, Martin and Bowers: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUMPING OF LITTER ON PRIVATE OR PUBLIC PROPERTY AND ITS PENALTIES, SO AS TO RESTRUCTURE THE OFFENSES TO ENSURE CIGARETTE BUTTS AND CIGARETTE COMPONENT LITTER AND DECEASED ANIMALS ARE INCLUDED IN THE PURVIEW OF THE STATUTE, AND TO RESTRUCTURE THE PENALTIES.
Rep. HIOTT proposed the following Amendment No. 2A to H. 4458 (COUNCIL\WAB\4458C002.AGM.WAB18):
Amend the bill, as and if amended, Section 16-11-700(M), as contained in SECTION 1, by deleting the subsection in its entirety and inserting:
/ (M) Nothing in this section shall be construed as granting any cause of action to a probationer who is completing litter pickup without direct oversight as a condition of probation pursuant to Section 24-21-430, including any claim under Workers' Compensation. Routine follow up to ensure completion of litter pickup by a county, municipality, or state employee is not considered oversight. /
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT explained the amendment.
Rep. HIOTT moved to adjourn debate upon the Senate Amendments until Thursday, May 10, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
S. 302 (Word version) -- Senators Sheheen and Bennett: A BILL TO AMEND SECTION 59-29-80(A) OF THE 1976 CODE, RELATING TO PHYSICAL EDUCATION INSTRUCTION IN PUBLIC SCHOOLS, TO PROVIDE THAT MARCHING BAND INSTRUCTION BASED ON THE SOUTH CAROLINA ACADEMIC STANDARDS FOR THE VISUAL AND PERFORMING ARTS MUST BE CONSIDERED THE EQUIVALENT OF PHYSICAL EDUCATION INSTRUCTION.
Rep. FELDER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Allison Anderson Arrington Atkinson Atwater Ballentine Bannister Bennett Bernstein Blackwell Brawley Bryant Burns Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCravy McEachern McGinnis B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer Simrill G. M. Smith G. R. Smith Sottile Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire Williams Willis Wooten Young
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
S. 918 (Word version) -- Senators Peeler, Malloy, Hembree and M. B. Matthews: A BILL TO AMEND SECTION 44-53-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE "NARCOTICS AND CONTROLLED SUBSTANCES ACT", SO AS TO ADD A DEFINITION FOR "TARGETED CONTROLLED SUBSTANCE"; TO AMEND SECTION 44-53-360, RELATING TO PRESCRIPTIONS, SO AS TO REQUIRE THE USE OF ELECTRONIC PRESCRIPTIONS WHEN PRESCRIBING NARCOTIC DRUGS, WITH EXCEPTIONS, AND TO ESTABLISH CERTAIN PRESCRIBING LIMITATIONS; BY ADDING SECTION 44-53-1655 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE PRESCRIPTION REPORTS TO PRACTITIONERS AND TO CONDUCT AUDITS OF THE PRESCRIPTION MONITORING PROGRAM, AND SECTION 44-53-1665 SO AS TO ESTABLISH REPORTING REQUIREMENTS OF THE DEPARTMENT; TO AMEND SECTIONS 44-53-1630, AS AMENDED, 44-53-1640, AS AMENDED, 44-53-1645, 44-53-1650, AND 44-53-1680, AS AMENDED, ALL RELATING TO THE PRESCRIPTION MONITORING PROGRAM, SO AS TO ADD A DEFINITION FOR "TARGETED CONTROLLED SUBSTANCE", TO REQUIRE DISPENSERS TO SUBMIT ADDITIONAL INFORMATION TO THE PROGRAM AND TO REVIEW PROGRAM DATA BEFORE DISPENSING IN CERTAIN CIRCUMSTANCES, TO CHANGE THE REQUIREMENTS FOR PRACTITIONERS TO REVIEW PRESCRIPTION HISTORY BEFORE PRESCRIBING SELECT CONTROLLED SUBSTANCES, TO ALLOW PRACTITIONERS TO OBTAIN PRESCRIPTION REPORTS, AND TO MAKE CONFORMING CHANGES, RESPECTIVELY; AND TO AMEND SECTIONS 40-47-965 AND 40-33-34, BOTH AS AMENDED, RELATING TO PRESCRIPTIVE AUTHORITY OF PHYSICIANS ASSISTANTS AND NURSES, RESPECTIVELY, SO AS TO ADDRESS THE AUTHORITY TO PRESCRIBE NARCOTICS TO CERTAIN PATIENTS.
Rep. HENDERSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Arrington Atkinson Atwater Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Bryant Burns Caskey Chumley Clary Cobb-Hunter Cole Collins Crawford Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Gagnon Gilliard Govan Hamilton Hayes Henderson Henderson-Myers Henegan Herbkersman Hewitt Hill Hixon Hosey Huggins Jefferson Johnson King Kirby Knight Loftis Long Lowe Lucas Mace Mack Martin McCravy McEachern McGinnis B. Newton W. Newton Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Sandifer G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Whitmire Williams Willis Wooten Young
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1097 (Word version) -- Senators Martin and Turner: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF I-385 AND BRIDGES ROAD "TROOPER DANIEL K. REBMAN, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1217 (Word version) -- Senator Corbin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF HIGHWAY 276 AND HIGHWAY 288 (PUMPKINTOWN HIGHWAY) IN NORTHERN GREENVILLE COUNTY "DR. JAMES E. BARNETT INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1164 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH ACADEMY STREET IN THE CITY OF GREENVILLE FROM ITS INTERSECTION WITH EAST NORTH STREET TO ITS INTERSECTION WITH NORTH MAIN STREET "ROBERT PEABO BRYSON BOULEVARD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5384 (Word version) -- Reps. Lucas, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO HONOR AND COMMEND PHYLLIS GRIGGS FOR HER INDEFATIGABLE SERVICE TO THE STUDENTS OF HARTSVILLE HIGH SCHOOL ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-EIGHT YEARS AND TO WISH HER THE GREATEST CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5385 (Word version) -- Reps. Lucas, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DR. CHARLIE BURRY, JR., PRINCIPAL OF HARTSVILLE HIGH SCHOOL, ON THE OCCASION OF HIS RETIREMENT AFTER FORTY-FIVE YEARS OF DEDICATION TO THE CULTIVATION OF YOUNG MINDS AND TO WISH HIM MUCH CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5386 (Word version) -- Reps. Govan, Hosey and Cobb-Hunter: A HOUSE RESOLUTION TO HONOR THOMAS C. DANDRIDGE, FORMER PRESIDENT AND CEO OF THE REGIONAL MEDICAL CENTER (RMC) OF ORANGEBURG & CALHOUN COUNTIES, TO COMMEND HIM FOR TWENTY-FOUR YEARS OF DISTINGUISHED SERVICE TO RMC AS A HEALTHCARE ADMINISTRATION PROFESSIONAL, AND TO OFFER BEST WISHES AS HE TAKES UP NEW CHALLENGES AND OPPORTUNITIES IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 5386 (Word version) -- Reps. Govan, Hosey and Cobb-Hunter: A HOUSE RESOLUTION TO HONOR THOMAS C. DANDRIDGE, FORMER PRESIDENT AND CEO OF THE REGIONAL MEDICAL CENTER (RMC) OF ORANGEBURG & CALHOUN COUNTIES, TO COMMEND HIM FOR TWENTY-FOUR YEARS OF DISTINGUISHED SERVICE TO RMC AS A HEALTHCARE ADMINISTRATION PROFESSIONAL, AND TO OFFER BEST WISHES AS HE TAKES UP NEW CHALLENGES AND OPPORTUNITIES IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 5387 (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, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CAROLYN G. BROOKS, SPARTANBURG COUNTY FIRST STEPS EXECUTIVE DIRECTOR, UPON THE OCCASION OF HER RETIREMENT AFTER DECADES OF OUTSTANDING SERVICE TO FAMILIES AND EDUCATION, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5388 (Word version) -- Reps. Henegan, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF HAROLD T. SPEARS OF MARLBORO COUNTY AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5389 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR BRIAN MCCORMACK, A VETERAN TEACHER, COACH, AND ATHLETIC DIRECTOR AT RIDGE SPRING-MONETTA HIGH SCHOOL, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-FIVE YEARS OF DEDICATED AND EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5390 (Word version) -- Reps. Erickson, Herbkersman, W. Newton, Bradley, Bowers, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, 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, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE JEAN GURLEY NORRIS OF BEAUFORT COUNTY UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER THIRTY-SEVEN YEARS OF DEDICATED SERVICE AS AN EDUCATOR, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5391 (Word version) -- Reps. Thigpen, 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, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE HONORABLE STEVEN K. BENJAMIN, MAYOR OF COLUMBIA, UPON THE OCCASION OF HIS INAUGURATION AS PRESIDENT OF THE UNITED STATES CONFERENCE OF MAYORS.
The Resolution was adopted.
The following was introduced:
H. 5392 (Word version) -- Reps. Long, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DONNA HUMPHRIES FOR FORTY-FIVE YEARS OF CONTINUOUS SERVICE AS A CUSTOMER SERVICE REPRESENTATIVE FOR THE WATSON INSURANCE AGENCY IN CHESNEE, AND TO COMMEND HER DEVOTION AND LOYALTY TO HER PROFESSION.
The Resolution was adopted.
The following was introduced:
H. 5393 (Word version) -- Reps. Hosey, Clyburn, Bamberg, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE PASTOR JAMES E. HOLIDAY AT THE CELEBRATION OF HIS TWENTY-FIVE YEARS OF CONTINUOUS AND FAITHFUL SERVICE TO BUSHY POND BAPTIST CHURCH IN NORWAY.
The Resolution was adopted.
The following was introduced:
H. 5394 (Word version) -- Reps. Cobb-Hunter, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF DR. SAMUEL ALPHINE HUNTER OF GIFFORD, FLORIDA, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE, LOVING FAMILY, HIS MANY FRIENDS AND COLLEAGUES IN THE AFRICAN METHODIST EPISCOPAL CHURCH, AND THOSE LIVES IN THE COMMUNITY HE IMPACTED IN THE STATE OF FLORIDA AND ACROSS THE COUNTRY.
The Resolution was adopted.
The following was introduced:
H. 5395 (Word version) -- Reps. J. E. Smith, King, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE THE ORGANIZATION OF AFRICAN UNITY, SOUTH CAROLINA, THE UMBRELLA BODY OF THE AFRICAN COMMUNITY, AS THEY CELEBRATE THE FIRST-EVER AFRICAN FESTIVAL TAGGED "AFRICAN DAY CELEBRATION 2018" AND TO APPLAUD THE CONTRIBUTIONS THAT HAVE BEEN MADE TO ADVANCE THE CULTURAL DIVERSITY OF OUR GREAT STATE.
The Resolution was adopted.
The following was introduced:
H. 5396 (Word version) -- Reps. Yow, 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, Wooten and Young: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KEITH COX, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA FUTURE FARMERS OF AMERICA ASSOCIATION, UPON THE OCCASION OF HIS RETIREMENT AFTER FOURTEEN YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5397 (Word version) -- Reps. Bradley, Erickson, Bowers, M. Rivers, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, 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, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO CELEBRATE THE GRAND OPENING OF THE FRANCES JONES COMMUNITY PARK ON DAUFUSKIE ISLAND.
The Resolution was adopted.
The following was introduced:
H. 5398 (Word version) -- Reps. Fry, 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, 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, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR FRANCIE EVANS FOR HER EXCEPTIONAL POISE, TALENT, BEAUTY, AND CONCERN FOR THE ENVIRONMENT AND TO CONGRATULATE HER ON BEING NAMED MISS SOUTH CAROLINA UNITED STATES EARTH FOR 2018.
The Resolution was adopted.
The following was introduced:
H. 5399 (Word version) -- Reps. Funderburk, Bales, Lucas and Wheeler: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. LAWRENCE ERWIN "LARRY" SLADE OF KERSHAW COUNTY ON THE OCCASION OF THEIR GOLDEN WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSINGS AND FULFILLMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5400 (Word version) -- Reps. Felder, 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, 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, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO HONOR AND COMMEND CHIEF THOMAS SAMUEL "SAM" LESSLIE, JR., ON THE OCCASION OF HIS RETIREMENT FROM RIVERVIEW FIRE DEPARTMENT AFTER FORTY-FIVE YEARS OF COMMITTED SERVICE AND TO WISH HIM MUCH HAPPINESS IN HIS WELL-EARNED RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5401 (Word version) -- Reps. Jefferson, 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, 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, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO REMEMBER AND CELEBRATE THE LIFE OF NATASHA ROBERTA WESTON MCCOY, WHO PASSED FROM HER EARTHLY HOME ON SUNDAY, MAY 6, 2018, TO LIVE IN PEACE WITH HER LORD AND TO WISH THE DEEPEST SYMPATHY TO HER LOVING FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5402 (Word version) -- Reps. Ridgeway, 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, 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, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DONNA COLLINS SHUMPERT ON THE OCCASION OF HER RETIREMENT AFTER MORE THAN THIRTY-TWO YEARS OF OUTSTANDING SERVICE WITH THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, AND WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1240 (Word version) -- Senator Fanning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF EAST MADISON STREET IN YORK, SOUTH CAROLINA, FROM ITS INTERSECTION WITH NORTH CONGRESS STREET TO ITS INTERSECTION WITH HUNTER STREET "DANIEL LEE LOWRY BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1251 (Word version) -- Senators Scott, Cromer, Alexander, Allen, Bennett, Campbell, Campsen, Cash, Climer, Corbin, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Senn, Setzler, Shealy, Sheheen, Talley, Timmons, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR SHARON PAIR, OFFICE MANAGER FOR THE SOUTH CAROLINA LEGISLATIVE COUNCIL, ON THE OCCASION OF HER RETIREMENT, TO EXTEND DEEP APPRECIATION FOR HER FORTY-FIVE YEARS OF EXEMPLARY AND DEVOTED SERVICE TO THE STATE OF SOUTH CAROLINA, AND TO OFFER BEST WISHES FOR A SATISFYING AND REWARDING RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1252 (Word version) -- Senators Sheheen, Alexander, Allen, Bennett, Campbell, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Scott, Senn, Setzler, Shealy, Talley, Timmons, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BRENDA MELTON, DIRECTOR OF DRAFTING AND PUBLICATION SERVICES FOR THE SOUTH CAROLINA LEGISLATIVE COUNCIL, FOR HER FORTY YEARS OF DISTINGUISHED SERVICE TO THE STATE OF SOUTH CAROLINA, TO CONGRATULATE HER ON THE OCCASION OF HER WELL-EARNED RETIREMENT, AND TO WISH HER ALL THE BEST FOR MUCH ENJOYMENT AND FULFILLMENT IN THE YEARS AHEAD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1253 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Campbell, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Senn, Setzler, Shealy, Sheheen, Talley, Timmons, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GLORIA GENTRY SHACKELFORD, ADMINISTRATIVE ASSISTANT FOR THE SOUTH CAROLINA LEGISLATIVE COUNCIL, UPON THE OCCASION OF HER RETIREMENT AFTER TWENTY YEARS OF EXEMPLARY AND STEADFAST SERVICE AND TO WISH HER CONTINUED SATISFACTION AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5403 (Word version) -- Rep. Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA FETAL HEARTBEAT PROTECTION FROM ABORTION ACT" BY ADDING ARTICLE 6 TO CHAPTER 41, TITLE 44 SO AS TO PROHIBIT ABORTIONS UPON DETECTION OF A FETAL HEARTBEAT WITH EXCEPTIONS, TO REQUIRE PHYSICIANS TO DETERMINE WHETHER THERE IS THE PRESENCE OF A HEARTBEAT BEFORE PERFORMING AN ABORTION ON A PREGNANT WOMEN AND TO PROVIDE DOCUMENTATION OF THE TESTING TO THE PREGNANT WOMAN, TO CREATE CRIMINAL PENALTIES, AND FOR OTHER PURPOSES; BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT CERTAIN ACTIONS WITH RESPECT TO FETAL BODY PARTS AND TO CREATE CRIMINAL PENALTIES; AND TO AMEND SECTION 44-41-10, RELATING TO ABORTION-RELATED DEFINITIONAL TERMS, SO AS TO ADD A DEFINITION FOR 'FETAL BODY PART' AND OTHER TERMS.
Referred to Committee on Judiciary
H. 5404 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 38-79-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO REDEFINE CERTAIN TERMS AND DEFINE THE TERM "DEFICIT"; TO AMEND SECTION 38-79-120, RELATING TO THE CREATION OF THE ASSOCIATION, SO AS TO INCLUDE INSURERS AUTHORIZED TO WRITE PROFESSIONAL LIABILITY INSURANCE AS MEMBERS OF THE ASSOCIATION AND ESTABLISH THE PURPOSE OF THE ASSOCIATION; TO AMEND SECTION 38-79-180, RELATING TO THE FILING OF POLICY FORMS, SO AS TO REQUIRE THE ASSOCIATION TO SUBMIT CERTAIN FORMS AND ESTABLISH A TIMEFRAME FOR THE SUBMISSION OF THESE FORMS; TO AMEND SECTIONS 38-79-210 THROUGH 38-79-290, ALL RELATING TO THE PARTICIPATION IN THE ASSOCIATION AND OBLIGATIONS OF THE ASSOCIATION MEMBERS AND THE BOARD OF DIRECTORS OF THE ASSOCIATION, SO AS TO ESTABLISH CERTAIN RECOUPMENT METHODS FOR DEFICITS ACCUMULATED BY THE ASSOCIATION, TO BIND ASSOCIATION MEMBERS TO THE APPROVED PLAN OF OPERATION AND ANY AMENDMENTS TO THE PLAN, TO ESTABLISH TERMS FOR THE BOARD OF DIRECTORS, AND REQUIRE THE ASSOCIATION TO FILE FINANCIAL STATEMENTS ON SPECIFIED DATES; AND BY ADDING SECTIONS 40-15-390, 40-33-240, 40-43-115, 40-47-46, 40-47-1025, AND 40-51-185 ALL SO AS TO REQUIRE THE COLLECTION OF FEES TO SUPPORT THE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.
Referred to Committee on Labor, Commerce and Industry
H. 5405 (Word version) -- Rep. Finlay: A BILL TO AMEND ACT 613 OF 1986, AS AMENDED, RELATING TO SCHOOL DISTRICTS IN RICHLAND COUNTY, SO AS TO REASSIGN CERTAIN TERRITORY PRESENTLY ZONED FOR RICHLAND COUNTY SCHOOL DISTRICT TWO TO RICHLAND COUNTY SCHOOL DISTRICT ONE; TO REQUIRE THE REVENUE AND FISCAL AFFAIRS OFFICE TO PREPARE, DESIGNATE, AND DISTRIBUTE APPROPRIATE MAPS THAT REFLECT THE REASSIGNMENT OF CERTAIN TERRITORY FROM RICHLAND COUNTY SCHOOL DISTRICT TWO TO RICHLAND COUNTY SCHOOL DISTRICT ONE; TO REAPPORTION THE FOUR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF RICHLAND COUNTY SCHOOL DISTRICT ONE ARE ELECTED, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.
Referred to Richland Delegation
Rep. SIMRILL moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5195 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH MCQUEEN STREET IN THE CITY OF FLORENCE FROM ITS INTERSECTION WITH WEST LUCAS STREET TO ITS INTERSECTION WITH WEST SUMTER STREET "REVEREND EDWARD HEZEKIAH THOMAS WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
H. 4245 (Word version) -- Reps. Felder, B. Newton, Simrill, King, Pope, Delleney and D. C. Moss: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF MOTOR VEHICLES NAME A DEPARTMENT FACILITY IN HONOR OF CONGRESSIONAL MEDAL OF HONOR RECIPIENT KYLE J. WHITE AND PLACE APPROPRIATE MARKERS OR SIGNS AT THAT FACILITY CONTAINING THIS DESIGNATION.
H. 5199 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF MT. CALVARY ROAD IN DILLON COUNTY FROM ITS INTERSECTION WITH ARRIE ROAD TO ITS INTERSECTION WITH EAST COUNTRY CLUB DRIVE "HENRY T. SMITH MEMORIAL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
At 6:59 p.m. the House, in accordance with the motion of Rep. HERBKERSMAN, adjourned in memory of Caroline Rothstein Fins, to meet at 10:00 a.m. tomorrow.
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