The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 77:13: "Your way, O God, is holy. What god is so great as our God?"
Let us pray. Heavenly Father, make us to be thankful for all the blessings You continue to bestow upon us. Fill these Representatives and staff with the good things which comes from Your hand. Bless them as they labor in doing the best for our State as they work together. Keep them ever in Your love and care. Bless our Nation, President, State, Governor, Speaker, staff, and those who work for the good of this Body and State. 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of Friday, March 23, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. G. M. SMITH moved that when the House adjourns, it adjourn in memory of William Allen "Al" Newman, which was agreed to.
On motion of Rep. COBB-HUNTER, with unanimous consent, the following were taken up for immediate consideration and accepted:
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Technical College System, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, April 4, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Karen O. Taylor
Project Coordinator
SCTCS
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of Capitol Consulting Strategies, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Thursday, April 5, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Krystel Reid Heath, LMSW
Principal and CEO
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina State Firefighters' Association, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Tuesday, April 10, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Ashley Boltin
Training & Events Coordinator
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Associated Builders and Contractors of the Carolinas, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, April 10, 2018, from 6:00 p.m.-8:00 p.m. at the Hilton Columbia Center.
Sincerely,
Chris Bullard
Director of Government Affairs
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of South Carolina Emergency Management Association (SCEMA), the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, April 11, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Danielle W. Maynard
SCEMA
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Hospital Association, the Members of the House of Representatives and staff are invited to a Legislative
Luncheon. This event will be held on Wednesday, April 11, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Thornton Kirby, FACHE
President and CEO
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of Absolute Total Care, the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, April 12, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Crystal Freie
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of Boeing, BMW, GE, and the South Carolina Manufacturer Alliance, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Tuesday, April 17, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Tommy Preston, Jr.
Director, National Strategy & Engagement
Boeing South Carolina
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Home Builders Association of South Carolina and the 48th Annual "Bird Supper", the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, April 17, 2018, from 6:00 p.m.-8:00 p.m. at the Governor's Mansion Complex.
Sincerely,
Mark Nix
Executive Director
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Speech Language and Hearing Association, the Members of the House of Representatives are invited to a Legislative breakfast. This event will be held on Wednesday, April 18, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Heather Smith
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Restaurant and Lodging Association, the Members of the House of Representatives and staff are invited to a
Legislative Luncheon. This event will be held on Wednesday, April 18, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Douglas O'Flaherty
Director of Operations
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Association for Justice, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, April 18, 2018, from 6:00 p.m.-8:00 p.m. at 1208 Washington Place.
Sincerely,
Michael E. Gunn
SCAJ CDO
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the CSC Health, "Compassionate SC", the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, April 18, 2018, from 7:00 p.m.-9:00 p.m. at 701 Whaley.
Sincerely,
Judy Ghanem
Secretary and State Director of Patient Outreach
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Association of Convenience Stores (SCACS), the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, April 19, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Hannah Lorance
SCACS Account Executive
South Carolina Association of Convenience Stores
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Jasper County Chamber of Commerce, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Tuesday, April 24, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.
Sincerely,
Kendall Malphrus
Executive Director
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the Citadel Alumni Association, the Members of the House of Representatives are invited to a Legislative Reception. This
event will be held on Tuesday, April 24, 2018, from 6:00 p.m.-8:00 p.m. at the Goodman Building at the State Fairgrounds.
Sincerely,
Sara A. Roth
Assistant Director
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Access and Independence Network, a program of Able South Carolina, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, April 25, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Robert W. Kopp
Director of Advocacy & Community Access
Able South Carolina
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Association of Habitat Affiliates, the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Wednesday, April 25, 2018, from 12:00 p.m.-2:00 p.m. in Room 112, Blatt Building.
Sincerely,
Greg Thomas
Executive Director
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of the South Carolina Archives and History Foundation, the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, April 25, 2018, from 6:00 p.m.-8:00 p.m. at 8301 Parklane Road.
Sincerely,
Grace Salter
Foundation Coordinator
South Carolina Archives & History Foundation
April 3, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Bales:
On behalf of "Future Scholars", Office of the State Treasurer, the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Tuesday, April 26, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.
Sincerely,
Jenny McGill
College Savings Program Director
The following were received and referred to the appropriate committee for consideration:
Document No. 4809
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-7-260
Standards for Licensing Crisis Stabilization Unit Facilities
Received by Speaker of the House of Representatives March 28, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration March 25, 2019
Document No. 4810
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-60, 48-39-50, and 48-39-280(E)
Administrative Procedures
Received by Speaker of the House of Representatives March 28, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration March 25, 2019
Document No. 4808
Agency: Clemson University - State Crop Pest Commission
Statutory Authority: 1976 Code Section 46-9-40
Plant Nursery Regulations
Received by Speaker of the House of Representatives March 27, 2018
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration March 24, 2019
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 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 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 Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
The SPEAKER PRO TEMPORE granted Rep. CRAWFORD a temporary leave of absence.
The SPEAKER PRO TEMPORE granted Rep. STRINGER a leave of absence for the day due to business reasons.
Announcement was made that Dr. Grant Joseph Sullivan of West Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3684 (Word version)
Date: ADD:
04/03/18 S. RIVERS
Bill Number: H. 3775 (Word version)
Date: ADD:
04/03/18 BRAWLEY and KING
Bill Number: H. 3896 (Word version)
Date: ADD:
04/03/18 W. NEWTON and CLARY
Bill Number: H. 4093 (Word version)
Date: ADD:
04/03/18 NORRELL
Bill Number: H. 4162 (Word version)
Date: ADD:
04/03/18 HENEGAN, BRAWLEY and KING
Bill Number: H. 4304 (Word version)
Date: ADD:
04/03/18 NORRELL, MCGINNIS, CASKEY, MACE, TRANTHAM, RIDGEWAY and W. NEWTON
Bill Number: H. 4376 (Word version)
Date: ADD:
04/03/18 KING
Bill Number: H. 4418 (Word version)
Date: ADD:
04/03/18 JOHNSON
Bill Number: H. 4421 (Word version)
Date: ADD:
04/03/18 GILLIARD and FUNDERBURK
Bill Number: H. 4496 (Word version)
Date: ADD:
04/03/18 MCCRAVY
Bill Number: H. 4591 (Word version)
Date: ADD:
04/03/18 ERICKSON and RIDGEWAY
Bill Number: H. 4597 (Word version)
Date: ADD:
04/03/18 ANDERSON, HUGGINS, GOVAN, PENDARVIS, HENEGAN and KING
Bill Number: H. 4796 (Word version)
Date: ADD:
04/03/18 NORRELL and FUNDERBURK
Bill Number: H. 4799 (Word version)
Date: ADD:
04/03/18 BRAWLEY and KING
Bill Number: H. 5001 (Word version)
Date: ADD:
04/03/18 NORRELL and FUNDERBURK
Bill Number: H. 5063 (Word version)
Date: ADD:
04/03/18 ERICKSON
Bill Number: H. 5182 (Word version)
Date: ADD:
04/03/18 HENEGAN and HENDERSON-MYERS
The following Bill was taken up:
H. 4412 (Word version) -- Rep. Henderson: A BILL TO AMEND SECTION 13-7-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REGULATION OF TANNING ESTABLISHMENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INSPECT SOURCES OF NONIONIZING RADIATION AND TO RETAIN FEES TO ADMINISTER THE PROGRAM.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4412 (COUNCIL\VR\ 4412C001.NBD.VR18), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 13-7-45(A)(3) and inserting:
/ (3) The department may in its discretion inspect a source of nonionizing radiation which is used in a commercial establishment for the tanning of human skin to protect public health and safety and shall have no duty to inspect a source of nonionizing radiation unless which is used in a commercial establishment for the tanning of human skin if it has received credible information indicating a violation of applicable statutes or regulations or the existence of a public health emergency. The department may retain up to thirty thousand dollars from the a sufficient amount of the fees collected to be used for the administration of this program. No other source of funds may be used for the administration of this program. /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON-SIMPSON explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Bales Ballentine Bamberg Bannister Bennett Bernstein Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Davis Delleney Douglas Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henegan Hewitt Hiott Hixon
Hosey Howard Huggins Johnson Jordan King Kirby Loftis Long Lowe Lucas Mace Martin McCravy McGinnis McKnight D. C. Moss Murphy B. Newton Ott Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Willis Young
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4412. If I had been present, I would have voted in favor the Bill.
Rep. Rosalyn Henderson-Myers
I was not in the Chamber when the House gave second reading to H. 4412. As this Bill implements a recommendation arising from the House Legislative Oversight Committee's study of the Department of Health and Environmental Control, I support its passage.
Rep. Wm. Weston Newton
I was temporarily out of the Chamber on constituent business during
the vote on H. 4412. If I had been present, I would have voted in favor the Bill.
Rep. Patsy Knight
The following Bill was taken up:
H. 5150 (Word version) -- Reps. Finlay, Bannister and McCoy: A BILL TO AMEND SECTION 61-6-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUNSET PROVISION ON THE LIMITATION OF THREE RETAIL DEALER LICENSES HELD BY ONE LICENSEE, SO AS TO CHANGE THE DATE TO JULY 1, 2019.
Rep. DELLENEY moved to adjourn debate on the Bill until Wednesday, April 4, which was agreed to.
The following Bill was taken up:
H. 4496 (Word version) -- Reps. Bannister, Burns, Toole, Long, Chumley, Magnuson and McCravy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-180 SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION (SLED) TO CREATE, PREPARE, MAINTAIN, AND CERTIFY A REPORT LISTING BY NAME EACH SOUTH CAROLINA POLITICAL SUBDIVISION IT HAS DETERMINED TO BE IN COMPLIANCE WITH SECTIONS 17-13-170 AND 23-3-1100; TO DESIGNATE THIS REPORT THE "IMMIGRATION COMPLIANCE REPORT" (ICR); TO DELINEATE SPECIFIC DUTIES AND RESPONSIBILITIES RELATING TO THE SUBMISSION OF DOCUMENTATION NECESSARY TO PREPARE THE ICR; TO REQUIRE SLED ANNUALLY TO PROVIDE COPIES TO THE GOVERNOR, GENERAL ASSEMBLY, AND STATE TREASURER, TO PROHIBIT THE STATE TREASURER FROM DISBURSING CERTAIN FUNDS TO POLITICAL SUBDIVISIONS THAT HAVE NOT BEEN CERTIFIED AS COMPLIANT IN THE ICR, TO AUTHORIZE SLED TO CONDUCT CRIMINAL INVESTIGATIONS RELATING TO ICR CERTIFICATIONS; TO PROVIDE SANCTIONS FOR POLITICAL SUBDIVISIONS THAT HAVE BEEN FOUND TO HAVE SUBMITTED FALSIFIED COMPLIANCE DOCUMENTATION TO SLED; TO DEFINE "POLITICAL
SUBDIVISION", AND TO PROVIDE THAT THE SANCTIONS AND REMEDIES DELINEATED IN THIS ACT ARE IN ADDITION TO OTHER SANCTIONS AND REMEDIES PROVIDED BY LAW.
Reps. KING, HART, CLARY, BRADLEY, BAMBERG, FRY, HEWITT, J. E. SMITH, COBB-HUNTER, OTT, MCKNIGHT, KIRBY, BRAWLEY, ANDERSON, HOSEY, CROSBY, BROWN, BLACKWELL, BRYANT, HIXON, TRANTHAM, G. R. SMITH and HAMILTON requested debate on the Bill.
The following Bill was taken up:
H. 4851 (Word version) -- Reps. Felder, J. E. Smith, Jefferson and W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-152 SO AS TO PROVIDE FOR THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF THE DEPARTMENT OF ARCHIVES AND HISTORY TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION BY GIFT OR SALE, TO PROVIDE FOR THE USE OF RESULTING PROCEEDS, AND TO PROVIDE ANNUAL REPORTING REQUIREMENTS; BY ADDING SECTION 60-11-153 SO AS TO PROVIDE FOR THE RETENTION AND USE BY THE DEPARTMENT OF ARCHIVES AND HISTORY OF CERTAIN PROCEEDS GENERATED BY ITS OPERATIONS; AND TO REPEAL SECTION 60-11-120 RELATING TO THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF DEPARTMENT OF ARCHIVES AND HISTORY.
Rep. FELDER proposed the following Amendment No. 1 to H. 4851 (COUNCIL\WAB\4851C001.AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 11, Title 60 of the 1976 Code is amended by adding:
"Section 60-11-102. Upon approval by the commission, the agency may remove certain record and nonrecord materials from its collections by gift to another public or nonprofit institution or by sale. This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records, and it pertains only to those accessioned archive materials
having a market value and which duplicate existing archival material, fall outside the scope of the archives collection policy, or have no further possible research value. All funds realized through sale must be placed in a special account to be used for improved access to and preservation of the state archives collections. The commission annually shall report to the State Department of Administration regarding these dispositions.
Section 60-11-103. The proceeds of facilities rentals, gift shop operations, training sessions, sales of publications, reproduction of documents, repair of documents, research fees, handling charges, and the proceeds of sales of National Register of Historic Places certificates and plaques by the Archives Department must be deposited in a special account in the State Treasury, and may be used by this department to cover the cost of facility operations and maintenance, gift shop inventory, additional training sessions, publications, reproduction expenses, repair expenses, and National Register of Historic Places certificates and plaques, and selected Historic Preservation Grants."
SECTION 2. Section 60-11-120 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Rep. FELDER explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Davis
Delleney Dillard Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Knight Loftis Long Lucas Mace Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Weeks White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4851. If I had been present, I would have voted in favor the Bill.
Rep. Gary Clary
I was not in the Chamber when the House gave second reading to H. 4851, a Bill which implements recommendations arising from the House Legislative Oversight Committee's study of the Department of Archives and History. As a co-sponsor of the Bill, I support its passage.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 5063 (Word version) -- Reps. Funderburk and Erickson: A BILL TO AMEND SECTION 44-1-143, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE RIGHT OF HOME-BASED FOOD PRODUCTION OPERATIONS TO APPLY FOR REGULATORY EXEMPTIONS FROM THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE, SO AS TO REFLECT THAT THE DEPARTMENT OF AGRICULTURE DOES NOT HAVE REGULATORY AUTHORITY OVER HOME-BASED FOOD PRODUCTION OPERATIONS.
Rep. FUNDERBURK explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons Cobb-Hunter Cole Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson
Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Johnson Jordan King Kirby Lucas Mace Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Lowe
So, the Bill was read the second time and ordered to third reading.
I was not in the Chamber when the House gave second reading to H. 5063. As this Bill implements a recommendation arising from the House Legislative Oversight Committee's study of the Department of Agriculture, I support its passage.
Rep. Wm. Weston Newton
I was temporarily out of the Chamber on constituent business during the vote on H. 5063. If I had been present, I would have voted in favor the Bill.
Rep. Patsy Knight
The following Bill was taken up:
H. 5152 (Word version) -- Reps. V. S. Moss and Hixon: A BILL TO AMEND SECTION 39-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION TAGS PLACED ON COTTON BALES STORED IN A WAREHOUSE OPERATED UNDER THE STATE WAREHOUSE SYSTEM, SO AS TO PROVIDE ADDITIONAL TYPES OF IDENTIFICATION NUMBERS, TAGS, AND STICKERS THAT THE WAREHOUSE MAY UTILIZE.
Rep. HIXON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons Cobb-Hunter Cole Collins Crosby Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Hamilton Hardee Hayes Henderson-Myers Henegan Hiott Hixon Hosey Huggins Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Martin McCoy McCravy McEachern McGinnis D. C. Moss B. Newton Norrell Ott Parks Pitts Pope Putnam Ridgeway S. Rivers Robinson-Simpson Sandifer
Simrill G. M. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Weeks West Wheeler White Whitmire Williams Willis Young
Those who voted in the negative are:
Daning Hill Trantham
So, the Bill was read the second time and ordered to third reading.
I was not in the Chamber when the House gave second reading to H. 5152. As this Bill implements a recommendation arising from the House Legislative Oversight Committee's study of the Department of Agriculture, I support its passage.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 5090 (Word version) -- Reps. Clemmons and Yow: A BILL TO AMEND SECTION 50-11-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF WILD TURKEY FEATHERS IN ART, SO AS TO PROVIDE THAT WILD TURKEY PARTS MAY BE USED IN ARTS AND CRAFTS BY CERTAIN INDIVIDUALS, TO PROVIDE THAT THIS PROVISION DOES NOT AUTHORIZE THE SALE OF WILD TURKEY MEAT, AND TO DELETE THE PROVISIONS THAT PROHIBIT THE SALE OF PARTS OF WILD TURKEYS AND THE SALE OF CAPES, BEARDS, AND FANS.
Rep. HIXON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Davis Delleney Dillard Douglas Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Hamilton Hardee Hart Hayes Henderson Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Loftis Long Lowe Lucas Mace Martin McCoy McCravy McEachern McGinnis D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5090. If I had been present, I would have voted in favor the Bill.
Rep. Patsy Knight
Rep. YOUNG moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. SIMRILL moved to adjourn debate on the motion to reconsider until Wednesday, April 4, which was agreed to.
On motion of Rep. FELDER, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs:
H. 4935 (Word version) -- Reps. Felder, Douglas, Ridgeway and Bryant: A JOINT RESOLUTION TO CREATE THE "SOUTH CAROLINA PALLIATIVE CARE AND QUALITY OF LIFE STUDY COMMITTEE"; TO PROVIDE FOR THE PURPOSE, MEMBERSHIP, AND DUTIES OF THE STUDY COMMITTEE; AND FOR OTHER PURPOSES.
Rep. KING asked unanimous consent to recall H. 5014 (Word version) from the Committee on Rules.
Rep. CLEMMONS objected.
Rep. PENDARVIS asked unanimous consent to recall H. 4966 (Word version) from the Committee on Education and Public Works.
Rep. TALLON objected.
Rep. KING asked unanimous consent to recall H. 5015 (Word version) from the Committee on Rules.
Rep. FRY objected.
Rep. BROWN asked unanimous consent to recall H. 4930 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.
Rep. BAMBERG asked unanimous consent to recall H. 4593 (Word version) from the Committee on Ways and Means.
Rep. WHITE objected.
Rep. CLEMMONS asked unanimous consent to recall H. 3177 (Word version) from the Committee on Judiciary.
Rep. KING objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4729 (Word version) -- Reps. Delleney, Yow, McCravy, Finlay, Spires, Loftis, G. R. Smith, Norrell, Funderburk, Huggins, Magnuson, Hewitt, Cobb-Hunter, Jordan, Clary, Johnson, Bennett, Martin, Bernstein, W. Newton, Fry, G. M. Smith, Caskey, Long, Burns, Chumley, Bannister, Trantham,
Bryant, Duckworth, Elliott, Forrest, Hayes, Henderson, Henegan, Herbkersman, Hiott, McCoy, D. C. Moss, Pitts, Pope, Simrill, J. E. Smith, Tallon, Toole, Wheeler, White, Willis and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-141 SO AS TO PROHIBIT THE DEPARTMENT OF REVENUE FROM ISSUING MORE THAN THREE RETAIL DEALER LICENSES TO ONE LICENSEE AND PROVIDE THAT A LICENSEE MAY BE ISSUED ADDITIONAL LICENSES UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 61-6-151 SO AS TO PROHIBIT A LICENSEE FROM HAVING AN INTEREST IN A RETAIL LIQUOR STORE OTHER THAN THE STORES COVERED BY HIS RETAIL DEALER'S LICENSE; TO AMEND SECTION 61-6-1636, RELATING TO THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO ALLOW A LICENSED WHOLESALER TO DELIVER NEW ALCOHOLIC LIQUOR TO A PERSON LICENSED TO SELL ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION UNDER CERTAIN CIRCUMSTANCES AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE FIRST BILL OF LADING; AND TO ESTABLISH A SCHEDULE FOR THE INCREMENTAL INCREASE OF RETAIL LICENSES THAT MAY BE ISSUED TO ONE LICENSEE.
Rep. DELLENEY 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 Bales Ballentine Bamberg Bannister Bennett Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cogswell 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 Hewitt Hiott Hixon Hosey Huggins Johnson Jordan King Kirby Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam Ridgeway S. Rivers Sandifer Simrill G. R. Smith J. E. Smith Sottile Stavrinakis Tallon Taylor Thigpen Trantham West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Hill
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 following Concurrent Resolution was taken up:
H. 5126 (Word version) -- Reps. Hardee, Johnson, Crawford, Fry, Clemmons, Duckworth, McGinnis, Hewitt, Atkinson, Anderson and Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED
STATES HIGHWAY 378 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 501 TO ITS INTERSECTION WITH EL BETHEL ROAD "LOIS EARGLE HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 1109 (Word version) -- Senator Davis: A CONCURRENT RESOLUTION TO CONGRATULATE THE RBC HERITAGE PRESENTED BY BOEING GOLF TOURNAMENT HELD EACH YEAR ON HILTON HEAD ISLAND ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY THIS COMING APRIL AND TO RECOGNIZE AND THANK THE HERITAGE CLASSIC FOUNDATION, THE TOURNAMENT SPONSORS, AND COUNTLESS FRIENDS AND VOLUNTEERS WHO HAVE MADE THIS SPECIAL EVENT SO SUCCESSFUL AND UNIQUE AMONG PGA TOUR EVENTS.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up:
S. 654 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF MOTOR VEHICLES NAME THE DEPARTMENT OF MOTOR VEHICLES' FIELD OFFICE LOCATED AT 509 LIBERTY STREET IN BATESBURG-LEESVILLE "CORPORAL KYLE CARPENTER FIELD OFFICE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate wtih concurrence.
The motion period was dispensed with on motion of Rep. DELLENEY.
The following Bill was taken up:
H. 3722 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED HEREBY, AND TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, DO NOT APPLY TO THE PROVISIONS OF THIS ACT.
Rep. WHITE moved to adjourn debate on the Bill until Wednesday, April 4, which was agreed to.
The following Bill was taken up:
H. 4380 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Clyburn, Bennett, Daning, Govan, Weeks, Henderson and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-875 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION SHALL ORDER REFUNDS TO RATEPAYERS OF AMOUNTS COLLECTED FOR COSTS ATTRIBUTED TO PROJECTS CONSTRUCTED UNDER THE PROVISIONS OF THE BASE LOAD REVIEW ACT IN SPECIFIC CIRCUMSTANCES; TO PROVIDE UTILITIES BEAR THE BURDEN OF PROVING THAT COLLECTED COSTS MAY BE RECOVERABLE UNDER STATE LAW; AND TO PROVIDE THE COMMISSION SHALL ORDER SUCH REFUNDS ON JUST AND REASONABLE BASES AND MAY MAKE SUCH REFUNDS BY ESTABLISHING CREDITS TO RATEPAYERS OVER PERIODS OF
TIME AND UNDER CONDITIONS THAT ARE JUST AND REASONABLE.
Rep. OTT moved to adjourn debate on the Bill until Wednesday, April 4, which was agreed to.
The following Bill was taken up:
H. 4376 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Bennett, Arrington, Daning, Govan, Weeks, Henderson, Henderson-Myers and King: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT THE TERMS OF ALL PRESENT MEMBERS OF THE BOARD SHALL EXPIRE ON THE EFFECTIVE DATE OF THIS SECTION AT WHICH TIME NEW MEMBERS OF THE BOARD WITH SPECIFIED QUALIFICATIONS SHALL BE APPOINTED IN THE MANNER PROVIDED IN THE SECTION, AND TO PROVIDE FOR RELATED MATTERS PERTAINING TO THE RECONSTITUTED BOARD; BY ADDING SECTION 58-31-25 SO AS TO PROVIDE THAT NEW OR REVISED ELECTRIC RATES AND CHARGES OF THE PUBLIC SERVICE AUTHORITY AS PROPOSED BY THE AUTHORITY MUST BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL AND DETERMINED BY THE COMMISSION IN THE MANNER PROVIDED BY ARTICLE 7, CHAPTER 27, TITLE 58 AS SUPPLEMENTED BY ANY OTHER APPLICABLE PROVISIONS OF LAW; TO AMEND SECTION 58-31-30, RELATING TO THE POWERS AND DUTIES OF THE PUBLIC SERVICE AUTHORITY AND ITS BOARD OF DIRECTORS, SO AS TO REVISE THE POWER OF THE AUTHORITY TO FIX RATES AND CHARGES SO THAT NEW AND REVISED RATES AND CHARGES SHALL BE SUBJECT TO THE JURISDICTION AND APPROVAL OF THE PUBLIC SERVICE COMMISSION AND THAT NO NEW RATES OR REVISED CHARGES MAY BE IMPOSED OR APPROVED FOR THE PURPOSE OF PAYING ANY OF THE ABANDONMENT
COSTS OF THE TWO NEW NUCLEAR REACTORS CONSTRUCTED PURSUANT TO THE BASE LOAD REVIEW ACT; AND TO AMEND SECTION 58-31-360, RELATING TO THE STATE OF SOUTH CAROLINA'S COVENANTS WITH HOLDERS OF BONDED OR OTHER INDEBTEDNESS OF THE AUTHORITY, SO AS TO CLARIFY AND FURTHER PROVIDE FOR THESE COVENANTS AS A RESULT OF THE ABANDONMENT OF THE TWO NUCLEAR REACTORS REFERRED TO ABOVE.
Reps. MCCOY, OTT and LUCAS proposed the following Amendment No. 2 to H. 4376 (COUNCIL\SD\4376C008.NL.SD18), which was adopted:
Amend the bill, as and if amended, Section 58-31-20, as contained in SECTION 1, beginning on page 5, by striking subsection (E) and inserting:
/ (E)(1) The terms of all twelve present members of the board of directors of the Public Service Authority serving in office on the effective date of this subsection expire on the effective date of this subsection. However, the present members of the board shall continue to serve in a holdover capacity after the effective date of this subsection until their successors appointed in the manner provided in this section qualify and take office.
(2) The terms of all members of the board appointed to succeed the present members of the board whose terms expire as provided in item (1), notwithstanding any other provision of this section, shall be for four years each and until their successors are appointed and qualify.
(3) Members of the board, notwithstanding their terms of office or any other provision of law, may be removed or replaced by the Governor at any time at the Governor's sole discretion.
(4) Members of the board must:
(A) implement and oversee compliance with the Rate Reduction and Stabilization Fund as mandated in Sections 58-31-105 and 58-31-106, and fully comply with their duties and responsibilities under Section 58-31-106; and
(B) cooperate fully with the Santee Cooper Evaluation and Recommendation Committee in the performance of the board's duties and responsibilities as provided by law. /
Amend further by adding a new SECTION appropriately numbered to read:
/ SECTION __. A. Chapter 31, Title 58 of the 1976 Code is amended by adding:
"Section 58-31-105. When used in Article 1, Chapter 31:
(1) 'Abandoned project' means the Public Service Authority's interest in the two abandoned partially completed nuclear generating units located at the V.C. Summer Nuclear Station in Fairfield County, South Carolina.
(2) 'Surplus moneys' means, for any fiscal year, those funds of the Public Service Authority remaining at the end of such fiscal year after the payment of:
(a) all necessary operating expenses and all annual debt requirements on bonds, notes or other obligations at any time outstanding from time to time and the discharge of all obligations arising under finance agreements, indentures, resolutions or other instruments under which bonds or obligations have been or may be issued, or to fulfill the terms and provisions of any agreements made with the purchasers or holders thereof or others,
(b) all other amounts required to be paid under this chapter, and
(c) deposits to such reserves as the board of directors of the Public Service Authority shall determine necessary and prudent conduct and operation of its business.
(3) 'Termination date' means the date on which the board of directors of the Public Service Authority finds that it has fully mitigated the impact on electric rates and charges of the Public Service Authority attributable to the undertaking of the Abandoned Project. This finding shall fully state the basis therefor and be provided to the President Pro Tempore of the Senate, Speaker of the House of Representatives, and the Chairmen of the Labor, Commerce, and Industry Committees for the Senate and House of Representatives no later than ten days of the finding by the board of directors. In determining whether the impact on electric rates and charges has been so mitigated, the board of directors may take into account maintenance and operation cost savings and efficiencies."
B. Chapter 31, Title 58 of the 1976 Code is amended by adding:
"Section 58-31-106. (A) Within ten days of the effective date of this section, the Public Service Authority shall create an interest bearing account known as the Rate Reduction and Stabilization Fund. The account shall be held and maintained by the Public Service Authority with an accounting of the balance of the Rate Reduction and Stabilization Fund provided to the President Pro Tempore of the Senate, Speaker of the House of Representatives, and the Chairmen of the Labor, Commerce and Industry Committees for the Senate and House of Representatives each fiscal year. The Rate Reduction and Stabilization Fund shall be funded, at the time of the creation of the account, with the
deposit by the Public Service Authority of the full amount of the funds received by the Public Service Authority from the Toshiba Corporation guarantee related to the Abandoned Project, known as the Toshiba Settlement monetization funds, the amount of which is eight hundred ninety-five million dollars, together with any earnings thereon. Any other guarantees, damages, settlements, or other recoveries, whenever received, also shall be deposited into the Rate Reduction and Stabilization Fund within ten days of receipt by the Public Service Authority.
(B) Within sixty days of the receipt of its audited financial statements for a fiscal year and until the termination date, the Public Service Authority shall deposit all surplus monies to the Rate Reduction and Stabilization Fund. The Public Service Authority also shall deposit any monies realized from cost savings undertaken to mitigate the rate impact of the abandoned project.
(C) Any and all funds received by the Public Service Authority from asset and salvage sales from the abandoned project shall be deposited into the Rate Reduction and Stabilization Fund within ten days of receipt by the Public Service Authority.
(D) Funds deposited to the Rate Reduction and Stabilization Fund shall be applied annually for the purposes of reducing or stabilizing electric rates and charges to mitigate the impact on electric rates and charges of the Public Service Authority attributable to the abandoned project. To that end the Public Service Authority by resolution, not less than annually and until the termination date, shall set forth the manner in which and the specific purposes for which the moneys in the Rate Reduction and Stabilization Fund shall be expended for debt reduction, and the debt reduction may include cash-funding debt service through redemption or defeasance of bonds, notes, or other evidences of indebtedness, paying off existing debt, or avoiding debt issuance. Funds deposited to the Rate Reduction and Stabilization Fund shall be applied annually for the purposes of reducing or stabilizing electric rates and charges.
The resolution shall include a finding of the authority that the manner and purpose of the use of the moneys in reducing or stabilizing rates constitutes the most effective and efficient manner of providing rate relief for customers for rates related to the abandoned project. The resolution also shall set forth the amount of surplus monies and other monies deposited to the Rate Reduction and Stabilization Fund in the prior fiscal year, the current fiscal year, and provide an itemization of reduction or stabilization of rates achieved by such action. The
resolution and any amendment thereto shall be provided to the President Pro Tempore of the Senate, Speaker of the House or Representatives, and the Chairmen of the Labor, Commerce and Industry Committees for the Senate and House of Representatives upon adoption. " /
Amend further by striking SECTIONS 2, 3 and 4.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. MURPHY a leave of absence for the remainder of the day.
Reps. MCCOY, OTT and LUCAS proposed the following Amendment No. 3 to H. 4376 (COUNCIL\SD\4376C011.NL.SD18), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ "SECTION __. (A) There is hereby created the Santee Cooper Evaluation and Recommendation Committee to be composed of nine members as hereinafter provided. Three members shall consist of the Speaker of the House of Representatives or his designee, the Majority Leader of the House of Representatives or his designee, and the Minority Leader of the House of Representatives or his designee. Three members shall consist of the President Pro Tempore of the Senate or his designee, the Majority Leader of the Senate or his designee, and the Minority Leader of the Senate or his designee. Three members shall consist of the Governor or his Designee, and two persons appointed by the Governor from the state at large. No person shall be appointed or confirmed to the committee if such person is employed by, receives compensation from, or accepts retirement or other benefits from a publicly owned utility, an investor-owned utility, an electric cooperative, or any association or organization that represents a publicly owned utility, an investor-owned utility, or an electric cooperative or otherwise participates in the energy industry or marketplace. Vacancies shall be filled by appointment in the manner of original appointment.
(B) The members of the committee shall elect a chairman and such other officers as they consider necessary. The committee shall meet upon the call of the chairman or a majority of its members. A member shall receive per diem, mileage, and subsistence as provided by law for members of legislative or other state committees as appropriate to be paid from the approved accounts of the office or House of their appointing authority. Meeting space and staff support shall be provided by the General Assembly as needed and required. The committee shall render recommendations to the General Assembly as soon as practicable, at which time the committee is dissolved, unless otherwise continued as provided by law.
(C) The committee shall evaluate the following non-exhaustive list of objectives:
(1) determine the manner in which the General Assembly may best protect ratepayers and taxpayers in regard to Santee Cooper;
(2) analyze whether selling Santee Cooper is in the best interests of South Carolina taxpayers, the ratepayers of Santee Cooper, and the Ratepayers of the Electric Cooperatives of South Carolina;
(3) determine whether the assets of Santee Cooper should be considered for sale as a whole or in parts, and which assets of Santee Cooper, if any, should be retained by the State;
(4) obtain a valuation of Santee Cooper and its assets;
(5) develop a transparent and public process to conduct hearings, receive bids from potential purchasers, and evaluate a potential sale of Santee Cooper; and
(6) determine the future role of Santee Cooper, whether sold or retained by the State.
(D) To assist with meeting those objectives, it is recommended that the committee consider, but is not limited to, the following:
(1) determine the criteria necessary to assess the viability and feasibility of the potential sale of Santee Cooper;
(2) identify all assets of Santee Cooper and then determine which assets if any of Santee Cooper should be considered for sale;
(3) evaluate whether Santee Cooper water system or the Santee Cooper lakes, or both, should be part of any sale;
(4) obtain valuation of Santee Cooper assets, both collectively and separately, with specific valuation for the transmission, distribution, and generation assets of Santee Cooper;
(5) establish the criteria, parameters, and process to receive bid proposals from potential purchasers of Santee Cooper assets;
(6) evaluate whether the Procurement Code or other state law or regulation impacts the sale parameters, and if so, determine the best course of action to address same in their requests for proposals;
(7) as allowed by the Procurement Code or other state law or regulation, conduct public hearings to receive a bid from each potential prospective bidder and set time for same;
(8) analysis of a potential sale of Santee Cooper on current employees and retirees and whether bidders must maintain current workforce levels and pension commitments for a set period post sale;
(9) develop or cause to be developed the request for proposals to be used by potential bidders;
(10) establish the time frame for receipts for proposals from potential bidders, evaluation of proposals by committee, and make a recommendation to the General Assembly on whether a sale is in the best interests of ratepayers and taxpayers;
(11) require that all bid proposals shall be made as the best and final offer from each bidder;
(12) identify legislation needed to complete any potential sale;
(13) determine whether the committee should hire an investment bank or other third-party expert to assist with evaluation of offers received;
(14) determine the impact of Santee Cooper debt, including all bonded indebtedness, in the sale of Santee Cooper assets and including a requirement that all bids must satisfy indebtedness of Santee Cooper existing at close of sale;
(15) identify potential risks to South Carolina taxpayers and ratepayers that could result from sale of Santee Cooper either in whole or in part including, but not limited to, loss of tax exempt status of buyer, impact on economic development, and whether sale at this time would not preclude South Carolina from recovering full value of Santee Cooper;
(16) determine what course of action, whether a sale or nonsale of Santee Cooper or other option, provides maximum rate relief to Santee Cooper ratepayers, customers of the Electric Cooperatives of South Carolina, and industrial customers of Santee Cooper;
(17) determine the total assets of Santee Cooper and identify those not necessary for generation, transmission, or distribution needs so such assets can be sold without violating Section 58-31-360;
(18) evaluate Santee Cooper's plan and strategy for future generation facilities in order to meet future electric demand, Santee Cooper's timeline for same, and costs for such projects to the ratepayers;
(19) ascertain future economic development projects for Santee Cooper and the projected revenue estimated from same and whether an investor-owned utility can provide the same economic development impact as Santee Cooper;
(20) calculate the revenue to Santee Cooper from the industrial and other nonresidential ratepayers, excluding revenue derived from the Electric Cooperatives of South Carolina;
(21) evaluation of whether diversification of Santee Cooper's generation portfolio, including purchases of generation from outside Santee Cooper, provides a more cost effective manner to service customer need;
(22) obtain information on current amounts of cash on hand and in reserve of Santee Cooper;
(23) obtain current estimate of Santee Cooper pension liabilities;
(24) evaluation of projected revenue growth and impact on same on the ability of Santee Cooper to meet debt obligations;
(25) quantify current amounts of long-term and short-term debt of Santee Cooper;
(26) identify the structure of each of Santee Cooper's bond offerings;
(27) review proposed rate schedules in both the long and short terms to determine full impact of V.C. Summer on ratepayers;
(28) determine whether Santee Cooper's debt to equity ratio comports with market ratios of other electric utilities;
(29) determine whether Santee Cooper has obtained efficiency or performance studies related to expenses for workforce management and how Santee Cooper's ratios relate to industry standards;
(30) evaluate the electric cooperative structure, including the role of the Central Electric Power Cooperative;
(31) evaluation of options to provide maximum rate relief to electric cooperative customers either through sale or retention of Santee Cooper;
(32) analysis of the central contract between Santee Cooper and the electric cooperatives to determine the impact of that agreement on any sale or management agreement involving Santee Cooper;
(33) solicit input from the electric cooperatives and other industrial customers on potential sale or long-term viability of Santee Cooper;
(34) direct Santee Cooper to inventory all assets at V.C. Summer site and obtain a salvage or sale valuation for those assets and that any
monies received from such salvage or sale be used as directed in the Rate Relief and Stabilization Fund;
(35) determine whether Santee Cooper should be subject to oversight by the Public Service Commission or Joint Bond Review Committee;
(36) provide alternative governance structures for Santee Cooper other than a board of directors based on other state-owned utilities; and
(37) any other factors that the committee finds relevant to the objectives contained in this section." /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY explained the amendment.
Rep. MCCOY spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
The amendment was then adopted.
Rep. CLARY proposed the following Amendment No. 4 to H. 4376 (COUNCIL\AHB\4376C001.BH.AHB18), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 58-31-20, by adding an appropriately lettered subsection at the end to read:
/ "( ) A member of the General Assembly or a member of his immediate family may not be appointed to the Public Service Authority while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be appointed to the authority for a period of four years after the member either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15." /
Renumber sections to conform.
Amend title to conform.
Rep. CLARY explained the amendment.
The amendment was then adopted.
Reps. KING, BRAWLEY and THIGPEN proposed the following Amendment No. 5 to H. 4376 (COUNCIL\AHB\4376C002. BH.AHB18), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 58-31-20(E), by adding an appropriately numbered item at the end to read:
/ "( ) In making appointments to the authority, the Governor shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, and shall strive to ensure that the membership of the authority will represent, to the greatest extent possible, all segments of the population of the State." /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
The amendment was then adopted.
Reps. CLEMMONS, CRAWFORD, FRY and HEWITT proposed the following Amendment No. 6 to H. 4376 (COUNCIL\WAB\4376 C001.AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ "SECTION __. (A) There is hereby created the Santee Cooper Evaluation and Recommendation Committee to be composed of nine members, three of whom are appointed by the Governor, three by the Speaker of the House of Representatives, and three by the President Pro Tempore of the Senate. Each of these sets of three members must consist of one resident of Horry County, Georgetown County, or Berkeley County; one member who is a customer of an electric cooperative served by Santee Cooper; and one member at large. No person shall be appointed or confirmed to the committee if such person is employed by, receives compensation from, or accepts retirement or other benefits from a publicly owned utility, an investor-owned utility, an electric cooperative, or any association or organization that represents a publicly owned utility, an investor-owned utility, or an electric cooperative or otherwise participates in the energy industry or marketplace. Vacancies shall be filled by appointment in the manner of original appointment.
(B) The members of the committee shall elect a chairman and such other officers as they consider necessary. The committee shall meet upon the call of the chairman or a majority of its members. A member shall receive per diem, mileage, and subsistence as provided by law for
members of legislative or other state committees as appropriate to be paid from the approved accounts of the office or House of their appointing authority. Meeting space and staff support shall be provided by the General Assembly as needed and required. The committee shall render recommendations to the General Assembly as soon as practicable, at which time the committee is dissolved, unless otherwise continued as provided by law.
(C) The committee shall evaluate the following non-exhaustive list of objectives:
(1) determine the manner in which the General Assembly may best protect ratepayers and taxpayers in regard to Santee Cooper;
(2) analyze whether selling Santee Cooper is in the best interests of South Carolina taxpayers, the ratepayers of Santee Cooper, and the Ratepayers of the Electric Cooperatives of South Carolina;
(3) determine whether the assets of Santee Cooper should be considered for sale as a whole or in parts, and which assets of Santee Cooper, if any, should be retained by the State;
(4) obtain a valuation of Santee Cooper and its assets;
(5) develop a transparent and public process to conduct hearings, receive bids from potential purchasers, and evaluate a potential sale of Santee Cooper; and
(6) determine the future role of Santee Cooper, whether sold or retained by the State.
(D) To assist with meeting those objectives, it is recommended that the committee consider, but is not limited to, the following:
(1) determine the criteria necessary to assess the viability and feasibility of the potential sale of Santee Cooper;
(2) identify all assets of Santee Cooper and then determine which assets if any of Santee Cooper should be considered for sale;
(3) evaluate whether Santee Cooper water system or the Santee Cooper lakes, or both, should be part of any sale;
(4) obtain valuation of Santee Cooper assets, both collectively and separately, with specific valuation for the transmission, distribution, and generation assets of Santee Cooper;
(5) establish the criteria, parameters, and process to receive bid proposals from potential purchasers of Santee Cooper assets;
(6) evaluate whether the Procurement Code or other state law or regulation impacts the sale parameters, and if so, determine the best course of action to address same in their requests for proposals;
(7) as allowed by the Procurement Code or other state law or regulation, conduct public hearings to receive a bid from each potential prospective bidder and set time for same;
(8) analysis of a potential sale of Santee Cooper on current employees and retirees and whether bidders must maintain current workforce levels and pension commitments for a set period post sale;
(9) develop or cause to be developed the request for proposals to be used by potential bidders;
(10) establish the time frame for receipts for proposals from potential bidders, evaluation of proposals by committee, and make a recommendation to the General Assembly on whether a sale is in the best interests of ratepayers and taxpayers;
(11) require that all bid proposals shall be made as the best and final offer from each bidder;
(12) identify legislation needed to complete any potential sale;
(13) determine whether the committee should hire an investment bank or other third-party expert to assist with evaluation of offers received;
(14) determine the impact of Santee Cooper debt, including all bonded indebtedness, in the sale of Santee Cooper assets and including a requirement that all bids must satisfy indebtedness of Santee Cooper existing at close of sale;
(15) identify potential risks to South Carolina taxpayers and ratepayers that could result from sale of Santee Cooper either in whole or in part including, but not limited to, loss of tax exempt status of buyer, impact on economic development, and whether sale at this time would not preclude South Carolina from recovering full value of Santee Cooper;
(16) determine what course of action, whether a sale or nonsale of Santee Cooper or other option, provides maximum rate relief to Santee Cooper ratepayers, customers of the Electric Cooperatives of South Carolina, and industrial customers of Santee Cooper;
(17) determine the total assets of Santee Cooper and identify those not necessary for generation, transmission, or distribution needs so such assets can be sold without violating Section 58-31-360;
(18) evaluate Santee Cooper's plan and strategy for future generation facilities in order to meet future electric demand, Santee Cooper's timeline for same, and costs for such projects to the ratepayers;
(19) ascertain future economic development projects for Santee Cooper and the projected revenue estimated from same and whether an
investor-owned utility can provide the same economic development impact as Santee Cooper;
(20) calculate the revenue to Santee Cooper from the industrial and other nonresidential ratepayers, excluding revenue derived from the Electric Cooperatives of South Carolina;
(21) evaluation of whether diversification of Santee Cooper's generation portfolio, including purchases of generation from outside Santee Cooper, provides a more cost effective manner to service customer need;
(22) obtain information on current amounts of cash on hand and in reserve of Santee Cooper;
(23) obtain current estimate of Santee Cooper pension liabilities;
(24) evaluation of projected revenue growth and impact on same on the ability of Santee Cooper to meet debt obligations;
(25) quantify current amounts of long-term and short-term debt of Santee Cooper;
(26) identify the structure of each of Santee Cooper's bond offerings;
(27) review proposed rate schedules in both the long and short terms to determine full impact of V.C. Summer on ratepayers;
(28) determine whether Santee Cooper's debt to equity ratio comports with market ratios of other electric utilities;
(29) determine whether Santee Cooper has obtained efficiency or performance studies related to expenses for workforce management and how Santee Cooper's ratios relate to industry standards;
(30) evaluate the electric cooperative structure, including the continued role of the Central Electric Power Cooperative;
(31) evaluation of options to provide maximum rate relief to electric cooperative customers either through sale or retention of Santee Cooper;
(32) analysis of the central contract between Santee Cooper and the electric cooperatives to determine the impact of that agreement on any sale or management agreement involving Santee Cooper;
(33) solicit input from the electric cooperatives and other industrial customers on potential sale or long-term viability of Santee Cooper;
(34) direct Santee Cooper to inventory all assets at V.C. Summer site and obtain a salvage or sale valuation for those assets and that any monies received from such salvage or sale be used as directed in the Rate Relief and Stabilization Fund;
(35) determine whether Santee Cooper should be subject to oversight by the Public Service Commission or Joint Bond Review Committee;
(36) provide alternative governance structures for Santee Cooper other than a board of directors based on other state-owned utilities; and
(37) any other factors that the committee finds relevant to the objectives contained in this section." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. CLEMMONS spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. MCCOY moved to table the amendment.
Rep. CLEMMONS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atwater Bales Ballentine Bamberg Bannister Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Clary Clyburn Cobb-Hunter Cole Collins Delleney Dillard Douglas Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gilliard Govan Hamilton Hart Henderson Henderson-Myers Hiott Hixon Hosey Howard Huggins Jordan King Kirby Knight Loftis Lowe Lucas Mack Magnuson Martin McCoy McCravy McEachern McKnight D. C. Moss
V. S. Moss W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway M. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith J. E. Smith Spires Stavrinakis Tallon Taylor Thigpen Weeks Wheeler Whitmire Williams Willis Young
Those who voted in the negative are:
Anderson Arrington Atkinson Bennett Chumley Clemmons Cogswell Crawford Crosby Daning Duckworth Fry Gagnon Hardee Hayes Hewitt Hill Johnson Long Mace McGinnis B. Newton Pitts Putnam S. Rivers G. R. Smith Sottile Thayer Trantham West White Yow
So, the amendment was tabled.
The SPEAKER granted Rep. RIDGEWAY a leave of absence for the remainder of the day.
Reps. MCCOY, OTT and LUCAS proposed the following Amendment No. 8 to H. 4376 (COUNCIL\AHB\4376C005. BH.AHB18), which was adopted:
Amend the bill, as and if amended, by deleting SECTION __ (A), as added by Amendment L:\council\sd\4376c011.nl.sd18, and inserting:
/ (A) There is hereby created the Santee Cooper Evaluation and Recommendation Committee to be composed of nine members as hereinafter provided. Three members shall consist of the Speaker of the
House of Representatives or his designee, the Majority Leader of the House of Representatives or his designee, and the Minority Leader of the House of Representatives or his designee. Three members shall consist of the President Pro Tempore of the Senate or his designee, the Majority Leader of the Senate or his designee, and the Minority Leader of the Senate or his designee. Three members shall consist of the Governor or his Designee, and two persons appointed by the Governor from the state at large. No person shall be appointed by the Governor to the committee if such person is employed by, receives compensation from, or accepts retirement or other benefits from a publicly owned utility, an investor-owned utility, an electric cooperative, or any association or organization that represents a publicly owned utility, an investor-owned utility, or an electric cooperative or otherwise participates in the energy industry or marketplace. Vacancies shall be filled by appointment in the manner of original appointment. /
Renumber sections to conform.
Amend title to conform.
Rep. MCCOY explained the amendment.
The amendment was then adopted.
Reps. CLEMMONS, CRAWFORD, FRY and HEWITT proposed the following Amendment No. 9 to H. 4376 (COUNCIL\WAB\4376C002.AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by deleting SECTION ___(A), as added by amendment L:\council\sd\4376c011.nl.sd18, and inserting:
/ SECTION __. (A) There is hereby created the Santee Cooper Evaluation and Recommendation Committee to be composed of twelve members, four of whom are appointed by the Governor, four by the Speaker of the House of Representatives, and four by the President Pro Tempore of the Senate. Each of these sets of four members must consist of one resident of Horry County, Georgetown County, or Berkeley County; one member who is a customer of an electric cooperative served by Santee Cooper; and two members at large. No person shall be appointed or confirmed to the committee if such person is employed by, receives compensation from, or accepts retirement or other benefits from a publicly owned utility, an investor-owned utility, an electric cooperative, or any association or organization that represents a publicly owned utility, an investor-owned utility, or an electric cooperative or otherwise participates in the energy industry or marketplace. Vacancies shall be filled by appointment in the manner of original appointment. /
Renumber sections to conform.
Amend title to conform.
Rep. HEWITT explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. HEWITT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Arrington Atwater Bales Ballentine Bamberg Bannister Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clyburn Cole Collins Delleney Douglas Elliott Felder Finlay Forrest Forrester Funderburk Gilliard Govan Hamilton Hart Henderson Henderson-Myers Hiott Hixon Hosey Huggins King Long Lucas Mack Magnuson Martin McCoy McEachern McKnight V. S. Moss W. Newton Norrell Parks Pope M. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Spires Stavrinakis Tallon Taylor Thigpen Weeks Wheeler Whitmire Young
Those who voted in the negative are:
Anderson Atkinson Bennett Clemmons Cobb-Hunter Cogswell Crawford Crosby Daning Dillard Duckworth Erickson Fry Gagnon Hardee Hayes Hewitt Hill Johnson Jordan Kirby Knight Lowe Mace McCravy McGinnis D. C. Moss B. Newton Ott Putnam S. Rivers Sottile Thayer Trantham West White Willis Yow
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 Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bowers Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Cole Collins Crosby Daning Delleney Dillard Douglas Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Hill
Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McKnight D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Tallon Taylor Thayer Trantham Weeks West Wheeler White Whitmire Williams Willis Young Yow
Those who voted in the negative are:
Atkinson Clemmons Crawford Duckworth Fry Hewitt McGinnis
So, the Bill, as amended, was read the second time and ordered to third reading.
Dear Speaker Lucas,
I am notifying you that I will not participate in the debate or vote on H. 4376, which addresses the Public Service Authority. In accordance with Section 8-13-700(B) of the SC Code, I recuse myself from voting on this Bill because a potential conflict of interest due to an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected.
I wish to have my recusal noted for the House Journal.
Sincerely,
Rep. Sylleste H. Davis
I was temporarily out of the Chamber on constituent business during the vote on H. 4376. If I had been present, I would have voted in favor the Bill.
Rep. Leon Stavrinakis
Rep. DELLENEY gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
The SPEAKER granted Rep. DOUGLAS a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4618 (Word version) -- Reps. Willis, Elliott and Allison: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND USE OF DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REDUCE THE MINIMUM NUMBER OF MOTOR VEHICLE SALES A DEALER MUST MAKE BEFORE HE MAY BE ISSUED A DEALER PLATE AND THE NUMBER OF MOTOR VEHICLES HE MUST SELL BEFORE HE MAY BE ISSUED ADDITIONAL DEALER PLATES, AND TO REDUCE THE NUMBER OF MOTOR VEHICLES THAT MUST BE SOLD BY A DEALER PARTICIPATING IN A MANUFACTURER PROGRAM TO OBTAIN ADDITIONAL PLATES.
Rep. TOOLE proposed the following Amendment No. 2 to H. 4618 (COUNCIL\DG\4618C004.BBM.DG18), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 56-3-2320(A)(1) and (2) of the 1976 Code is amended to read:
"(1) Upon application being made and the required fee being paid to the Department of Motor Vehicles, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, a prospective purchaser of the motor vehicle, or a person whose vehicle is being serviced or repaired by the dealer. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. A dealer license plate may be used by a person whose vehicle is being serviced or repaired by the dealership, provided that the vehicle displaying the license plate is part of a manufacturer program and given to the person by the dealer at no charge to the consumer. The use of a dealer license plate by the consumer for service and repair is limited to thirty days. The demonstration certificate for a prospective customer must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36, Title 12 and has made at least twenty five sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.
(2) A dealer may be issued two plates for the first fifteen five vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty five during the preceding year. A dealer participating in a manufacturer program may be issued two additional plates for each fifteen vehicles sold beyond the initial twenty five during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year.
The department may increase or decrease the number of plates issued based on actual sales made." /
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT moved to table the amendment, which was agreed to.
Rep. ELLIOTT explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Cole Collins Crosby Daning Davis Delleney Dillard Duckworth Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Hayes Henderson Henderson-Myers Hewitt 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 B. Newton W. Newton
Norrell Parks Pendarvis Pitts Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 6 (Word version) -- Senators Bryant, Hembree, Campbell and Senn: A BILL TO AMEND SECTION 47-3-630 OF THE 1976 CODE, RELATING TO PENALTIES FOR TEASING, MALTREATING, AND INJURING POLICE DOGS AND HORSES, TO PROVIDE THAT A PERSON WHO TORTURES, MUTILATES, INJURES, DISABLES, POISONS, OR KILLS A POLICE DOG OR HORSE MAY BE FINED UP TO TEN THOUSAND DOLLARS, MAY BE IMPRISONED FOR UP TO TEN YEARS, MUST PAY RESTITUTION TO COVER THE COST OF RESTORING OR REPLACING THE DOG OR HORSE INJURED OR KILLED, AND MAY BE REQUIRED TO COMPLETE UP TO FIVE HUNDRED HOURS OF COMMUNITY SERVICE FOR AN ANIMAL-RELATED ORGANIZATION OR FOUNDATION.
Rep. DELLENEY moved to adjourn debate on the Bill until Tuesday, April 10, which was agreed to.
The following Bill was taken up:
H. 3595 (Word version) -- Reps. Thayer, Hardee, Ryhal, Hewitt, Clary, Hiott, V. S. Moss, Williams, Taylor, Hixon, Young and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1537 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE APPROACHING A VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AS PROVIDED IN SECTION 56-5-2510, MUST PROCEED WITH CAUTION AND, IF POSSIBLE, YIELD THE RIGHT OF WAY BY MAKING A LANE CHANGE INTO A LANE THAT IS NOT ADJACENT TO THE VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AND TO PROVIDE A PENALTY.
Rep. THAYER moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
Rep. TALLON moved that the House recur to the morning hour, which was agreed to.
The following was received from the Senate:
Columbia, S.C., Thursday, March 22, 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 H. 3789:
H. 3789 (Word version) -- Reps. Govan, Yow, Henegan, J. E. Smith, Thigpen, Hart, Clemmons, Whipper and Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA YOUTH CHALLENGE ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM EXPUNGEMENT ACT"; BY ADDING ARTICLE 10 TO CHAPTER 22, TITLE 17 SO AS TO PROVIDE THAT PERSONS ELIGIBLE FOR EXPUNGEMENT OF A CRIMINAL RECORD PURSUANT TO SECTION 17-22-910 WHO SUCCESSFULLY GRADUATE AND COMPLETE THE SOUTH CAROLINA YOUTH CHALLENGE
ACADEMY AND SOUTH CAROLINA JOBS CHALLENGE PROGRAM ADMINISTERED BY THE SOUTH CAROLINA ARMY NATIONAL GUARD MAY APPLY TO HAVE THEIR RECORD EXPUNGED UPON SUCCESSFUL GRADUATION AND COMPLETION OF THE PROGRAMS UNDER CERTAIN DELINEATED CIRCUMSTANCES; AND TO AMEND SECTION 17-22-940, AS AMENDED, RELATING TO THE EXPUNGEMENT PROCESS, SO AS TO INCLUDE A REFERENCE TO THE DIRECTOR OF THE SOUTH CAROLINA YOUTH CHALLENGE ACADEMY ATTESTING TO THE ELIGIBILITY OF THE CHARGE FOR EXPUNGEMENT ON AN EXPUNGEMENT APPLICATION.
Very respectfully,
President
On motion of Rep. DELLENEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. POPE, MURPHY and WEEKS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4466 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-2-3110 SO AS TO PROVIDE THAT A COUNTY MAY ADOPT AN ORDINANCE THAT REGULATES THE OPERATION OF CERTAIN UNLICENSED VEHICLES UPON THE PUBLIC STREETS AND HIGHWAYS WITHIN ITS JURISDICTION WHEN THE VEHICLES ARE OFFERED TO THE PUBLIC FOR RENTAL ON A DAILY, WEEKLY, OR MONTHLY BASIS, AND TO PROVIDE THAT MUNICIPALITIES MAY ADOPT A SIMILAR ORDINANCE IN THE ABSENCE OF COUNTY ORDINANCES.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4480 (Word version) -- Reps. Taylor, Allison, Jefferson, Cogswell, McCravy, Henderson-Myers, Clary, Tallon, Spires, Toole, Knight and Henegan: A BILL TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF A WIRELESS COMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES WHEN IT IS UNLAWFUL TO USE A WIRELESS DEVICE, TO REVISE THE PENALTIES, TO CREATE THE OFFENSE OF DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE, TO DELETE THE PROVISION THAT PROHIBITS A LAW ENFORCEMENT OFFICER FROM STOPPING A PERSON FOR A VIOLATION OF THIS SECTION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL MAINTAIN STATISTICAL INFORMATION REGARDING CITATIONS ISSUED PURSUANT TO THIS SECTION; AND TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, SO AS TO PROVIDE THAT DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE SECOND OR SUBSEQUENT OFFENSE IS A TWO-POINT VIOLATION.
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 5027 (Word version) -- Reps. Pendarvis, McCoy, Rutherford, Bamberg, King, Murphy, McKnight, Bernstein, Stavrinakis and Weeks: A BILL TO AMEND SECTION 56-1-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERM "HABITUAL OFFENDER", SO AS TO PROVIDE THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR FAILURE TO PAY A TRAFFIC TICKET SHALL NOT CONSTITUTE A CONVICTION OF AN OFFENSE THAT WOULD RESULT IN THE PERSON BEING CONSIDERED AN "HABITUAL OFFENDER".
Ordered for consideration tomorrow.
Rep. DELLENEY, from the Committee on Judiciary, submitted a favorable report on:
H. 3208 (Word version) -- Reps. Pope, Elliott, West, Crosby and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 ENTITLED "TERRORISM", TO PROVIDE FOR THE OFFENSE OF FURTHERING TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; TO CREATE THE OFFENSE OF MATERIAL OR FINANCIAL SUPPORT OF AN ACT OF TERRORISM OR CONCEALMENT OF THE ACTIONS OR PLANS OF ANOTHER TO CARRY OUT AN ACT OF TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; AND TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF REAL AND PERSONAL PROPERTY USED IN CONNECTION WITH AN OFFENSE CONTAINED IN THE ARTICLE.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4698 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-47-32, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION REQUIREMENTS TO OBTAIN A LICENSE TO PRACTICE MEDICINE IN THE STATE, SO AS TO WAIVE CERTAIN ADDITIONAL EXAMINATION REQUIREMENTS FOR APPLICANTS WHO ARE TO PRACTICE IN A POSITION WITHIN THE DISABILITY DETERMINATION SERVICES UNIT OF THE STATE AGENCY OF VOCATIONAL REHABILITATION.
Ordered for consideration tomorrow.
Rep. HOWARD for the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments.
Rep. HILL for the minority, submitted an unfavorable report on:
H. 3751 (Word version) -- Reps. Parks, McCravy, King, Pitts, Ridgeway and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 84 TO TITLE 40 SO AS TO PROVIDE FOR THE REGULATION OF GENETIC COUNSELORS; TO ESTABLISH THE BOARD OF GENETIC COUNSELOR
EXAMINERS; TO PROVIDE THE POWERS AND DUTIES OF THE BOARD; TO DEFINE NECESSARY TERMINOLOGY; TO PROVIDE PROCEDURES AND CRITERIA FOR LICENSURE BY THE BOARD; TO PROVIDE RELATED DUTIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO PROVIDE FOR THE INVESTIGATION OF VIOLATIONS AND IMPOSITION OF PENALTIES; AND TO PROVIDE CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THIS CHAPTER, AMONG OTHER THINGS.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4486 (Word version) -- Reps. Henderson, Elliott, W. Newton, Govan, Erickson and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT ACT" BY ADDING ARTICLE 7 TO CHAPTER 61, TITLE 44 SO AS TO AUTHORIZE THE STATE OF SOUTH CAROLINA TO JOIN THE RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT IN ORDER TO FACILITATE THE DAY-TO-DAY MOVEMENT OF EMERGENCY MEDICAL SERVICES (EMS) PERSONNEL ACROSS STATE BOUNDARIES IN THE PERFORMANCE OF THEIR ASSIGNED EMS DUTIES AND TO AFFORD IMMEDIATE LEGAL RECOGNITION TO EMS PERSONNEL IN A MEMBER STATE; TO ESTABLISH CERTAIN EMS LICENSURE REQUIREMENTS UNDER THE COMPACT; TO PROVIDE FOR THE PRIVILEGE OF EMS PERSONNEL TO PRACTICE IN ANOTHER MEMBER STATE AND IN REMOTE STATES, WITH EXCEPTIONS, AND TO ESTABLISH CERTAIN LIMITATIONS ON THE APPLICATION OF THE COMPACT DURING A STATE OF EMERGENCY; TO PROVIDE CERTAIN LIMITATIONS ON THE PRIVILEGE TO PRACTICE UNDER THE COMPACT WHEN AN INDIVIDUAL'S LICENSE IS SUSPENDED OR OTHERWISE RESTRICTED AND TO ENABLE A MEMBER STATE TO TAKE ADVERSE ACTIONS AGAINST AN INDIVIDUAL'S LICENSE IN CERTAIN CIRCUMSTANCES; TO GRANT CERTAIN POWERS TO THE STATE'S EMS AUTHORITY; TO ESTABLISH THE INTERSTATE COMMISSION FOR EMS
PERSONNEL PRACTICE AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND AUTHORITY; TO PROVIDE FOR ENFORCEMENT OF THE COMPACT BY MEMBER STATES AND FOR DISPUTE RESOLUTION; AND FOR OTHER PURPOSES; AND TO AMEND SECTION 44-61-20, RELATING TO TERMS DEFINED IN THE "EMERGENCY MEDICAL SERVICES ACT OF SOUTH CAROLINA", SO AS TO CHANGE THE DEFINITION OF "INVESTIGATIVE REVIEW COMMITTEE".
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3775 (Word version) -- Reps. Knight, Delleney, Cobb-Hunter, Felder, J. E. Smith, Simrill, Douglas, West, Wheeler, Thigpen, Williams, McEachern, Johnson, Pitts, Ridgeway, Rutherford, Henegan, Collins, Brawley and King: A BILL TO AMEND SECTION 44-63-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO ORIGINAL BIRTH CERTIFICATES OF ADOPTED PERSONS, SO AS TO ALLOW AN ADULT ADOPTEE TWENTY-ONE YEARS OF AGE OR OLDER TO OBTAIN A COPY OF THE ADOPTEE'S OWN ORIGINAL BIRTH CERTIFICATE, TO ALLOW A BIOLOGICAL PARENT TO EXECUTE A CONTACT PREFERENCE FORM AT ANY TIME TO BE PROVIDED TO THE ADULT ADOPTEE WITH THE COPY OF THE ORIGINAL BIRTH CERTIFICATE, AND TO PROVIDE FOR THE SUBMISSION OF A MEDICAL HISTORY FORM BY A BIOLOGICAL PARENT.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4799 (Word version) -- Reps. Howard, Gilliard, Davis, Brawley and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 45, TITLE 40 ENTITLED THE "PHYSICAL THERAPY LICENSURE COMPACT"; TO PROVIDE FOR THE ENTRY OF SOUTH CAROLINA INTO THIS MULTI-STATE COMPACT, TO PROVIDE FOR THE STRUCTURE, FUNCTIONS, POWERS, AND DUTIES OF THE GOVERNING BODY OF THE COMPACT; TO PROVIDE THE OBLIGATIONS,
BENEFITS, AND RIGHTS OF COMPACT MEMBERS; AND TO DESIGNATE THE EXISTING PROVISIONS OF ARTICLE 3, CHAPTER 45, TITLE 40 AS "GENERAL PROVISIONS".
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4815 (Word version) -- Rep. Arrington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-67-75 SO AS TO PROVIDE SPEECH-LANGUAGE PATHOLOGISTS AND SPEECH-LANGUAGE PATHOLOGY ASSISTANTS UNDER THEIR SUPERVISION SHALL ADHERE TO CERTAIN GUIDELINES; TO AMEND SECTION 40-67-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF SPEECH PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO REVISE THE DEFINITION OF SPEECH-LANGUAGE PATHOLOGISTS; TO AMEND SECTION 40-67-30, RELATING TO THE SUPERVISION OF SPEECH-LANGUAGE PATHOLOGY INTERNS AND ASSISTANTS, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 40-67-110, RELATING TO DISCIPLINARY MATTERS, SO AS TO PROVIDE THAT THE FAILURE TO ADHERE TO CERTAIN SUPERVISORY GUIDELINES AMONG THE FORMS OF CONDUCT ARE SUBJECT TO DISCIPLINE; TO AMEND SECTION 40-67-260, RELATING TO THE COMPLETION OF CERTAIN CONTINUING EDUCATION HOURS FOR LICENSE RENEWAL, SO AS TO ALLOW FOR THE COMPLETION OF CONTINUING EDUCATION UNITS AS AN ALTERNATIVE; TO AMEND SECTION 40-67-280, RELATING TO THE COMPLETION OF CERTAIN CONTINUING EDUCATION HOURS FOR INACTIVE LICENSE REACTIVIATIONS, SO AS TO ALLOW FOR THE COMPLETION OF CONTINUING EDUCATION UNITS AS AN ALTERNATIVE; TO AMEND SECTION 40-67-300, RELATING TO THE APPLICABILITY OF THE CHAPTER, SO AS TO LIMIT THE EXEMPTION FOR SPEECH-PATHOLOGISTS AND AUDIOLOGISTS EMPLOYED BY THE FEDERAL GOVERNMENT OR THE STATE TO THOSE SO EMPLOYED BEFORE JANUARY 1, 2019, AND TO REMOVE AN EXEMPTION FOR PERSONS LICENSED UNDER TITLE 40 OR ANOTHER PROVISION OF LAW
WHOSE SCOPE OF PRACTICE OVERLAPS WITH THE PRACTICE OF SPEECH PATHOLOGY OR AUDIOLOGY; TO REDESIGNATE CHAPTER 67, TITLE 40 AS "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS"; AND TO REPEAL ACT 124 OF 2015 RELATING TO THE TEMPORARY EXEMPTION OF CERTAIN APPLICANTS FOR LICENSURE AS SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS FROM THE REQUIREMENT OF HAVING A BACHELOR'S DEGREE FROM A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 4162 (Word version) -- Reps. Mack, Whipper, Gilliard, Brown, Pendarvis, Henderson-Myers, Brawley, King and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA INCLUSIONARY ZONING ACT" TO PROVIDE THAT COUNTIES AND MUNICIPALITIES ARE AUTHORIZED TO USE INCLUSIONARY ZONING STRATEGIES TO INCREASE THE AVAILABILITY OF AFFORDABLE HOUSING.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Spartanburg Delegation, submitted a favorable report on:
H. 4592 (Word version) -- Reps. Allison and Forrester: A BILL TO AMEND ACT 248 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE STARTEX AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BORROWING LIMITS OF THE DISTRICT FROM FIVE HUNDRED THOUSAND TO SEVEN HUNDRED FIFTY THOUSAND DOLLARS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5183 (Word version) -- Reps. Bamberg, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bannister, Bennett,
Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR THE SIGNIFICANT HISTORY OF THE CARLISLE MILITARY SCHOOL IN THE CELEBRATION OF THE SCHOOL'S RICH LEGACY WITH A REUNION ON APRIL 14, 2018.
The Resolution was adopted.
The following was introduced:
H. 5184 (Word version) -- Reps. Huggins, 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, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham,
Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE BOBBY C. KEISLER OF LEXINGTON COUNTY ON THE OCCASION OF HIS SEVENTY-FIFTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5185 (Word version) -- Rep. Atkinson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MARION ALL-STAR 12U BASKETBALL TEAM OF MARION COUNTY WITH THE TEAM COACHES, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2018 SOUTH CAROLINA RECREATION AND PARKS ASSOCIATION 12U DIVISION 11 STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Marion All-Star 12U basketball team of Marion County with the team coaches, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2018 South Carolina Recreation and Parks Association 12U Division 11 State Championship title.
The Resolution was adopted.
The following was introduced:
H. 5186 (Word version) -- Reps. Daning, Crosby, S. Rivers, Sottile and Stavrinakis: A HOUSE RESOLUTION TO AMEND RULE 9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES BY ADDING RULE 9.7 SO AS TO PROVIDE THAT EVERY AMENDMENT NOT INTRODUCED OR VETTED BY A SUBCOMMITTEE OR FULL
COMMITTEE WHICH IS PRESENTED ON THE HOUSE FLOOR FOR DEBATE MUST BE PROJECTED ON THE SCREEN IN ITS ENTIRETY BEFORE THE BILL, AS AMENDED, RECEIVES SECOND READING.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 5187 (Word version) -- Reps. McEachern, 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, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR AND CELEBRATE THE LIFE AND LEGACY OF GLADYS HENDRIX MACK SUMPTER AND TO OFFER SINCERE CONDOLENCES TO HER LOVING FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5188 (Word version) -- Reps. Clemmons, Crawford, Fry, Duckworth, Johnson, Hewitt, Hardee, McGinnis, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clyburn, Cobb-Hunter,
Cogswell, Cole, Collins, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE MARK STEPHEN KELLEY, LOBBYIST AND FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, UPON THE OCCASION OF HIS RETIREMENT AFTER MANY 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. 5189 (Word version) -- Reps. Funderburk, W. Newton, 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, 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, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham,
Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REVEREND LARRY DAVID MCCUTCHEON, PASTOR OF CAMDEN FIRST UNITED METHODIST CHURCH, UPON THE OCCASION OF HIS RETIREMENT AFTER MORE THAN FORTY YEARS OF COMMENDABLE SERVICE TO HIS GOD, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5194 (Word version) -- Reps. Wheeler, 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, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO CELEBRATE THE ONE HUNDREDTH ANNIVERSARY OF THE SIGNING OF THE AGREEMENT ENDING HOSTILITIES IN THE CONFLICT KNOWN AS THE GREAT WAR, OR WORLD WAR I, TO EXPRESS THE GRATITUDE OF THE PEOPLE OF SOUTH CAROLINA FOR THOSE WHO VALIANTLY SERVED THIS COUNTRY DURING THAT CONFLICT, AND TO DECLARE SUNDAY, NOVEMBER 11, 2018, AS "ARMISTICE DAY" IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5205 (Word version) -- Reps. Gilliard, 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, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CHARLESTON NATIVE CYRUS BIRCH III FOR HIS MEANINGFUL CONTRIBUTIONS TO YOUNG PEOPLE IN THE PALMETTO STATE AND FOR HIS ROLE AS A STUNT PERFORMER IN MARVEL STUDIO'S THE BLACK PANTHER.
The Resolution was adopted.
The following was introduced:
H. 5190 (Word version) -- Reps. Felder, Bryant, Delleney, King, D. C. Moss, V. S. Moss, Pope and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 21 AND SOUTH CAROLINA HIGHWAY 160 IN YORK COUNTY "KARSON BAILEY WHITESELL MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5191 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, Anthony, Arrington, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE MARION ALL-STAR 12U BASKETBALL TEAM AND COACHES FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2018 SOUTH CAROLINA RECREATION AND PARKS ASSOCIATION 12U DIVISION 11 STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5192 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, Anthony, Arrington, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman,
Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO CELEBRATE CAJ THE COMFORT DOG OF THE MARION COUNTY SHERIFF'S OFFICE AND TO THANK THE AGENCY FOR ITS WONDERFUL GIFT TO THE COMMUNITY OF THIS COMFORTING CANINE CHARMER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5193 (Word version) -- Rep. McEachern: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF FARROW ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 20 TO ITS INTERSECTION WITH PISGAH CHURCH ROAD "REVEREND BOBBY L. SMITH, SR. HIGHWAY" AND 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 following was introduced:
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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5196 (Word version) -- Reps. Funderburk, 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, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO WELCOME ACTOR SAMUEL E. "SAM" WRIGHT BACK TO SOUTH CAROLINA, TO THANK HIM FOR HIS SUPPORT OF THE ARTS IN HIS NATIVE CAMDEN, AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5197 (Word version) -- Reps. Forrest, 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, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO CELEBRATE THE THIRTY-SECOND ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL TO BE HELD IN BATESBURG-LEESVILLE ON MAY 10-12, 2018, AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5198 (Word version) -- Reps. Clemmons, Crawford, Fry, Duckworth, Johnson, Hewitt, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham,
Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO SALUTE BRAD DEAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE, ON THE OCCASION OF HIS DEPARTURE FROM THE CHAMBER, TO EXTEND DEEP APPRECIATION FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO THE ORGANIZATION, AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN HIS NEW ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
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.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1070 (Word version) -- Senators Fanning and Rankin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 32 IN FAIRFIELD COUNTY ALONG INTERSTATE HIGHWAY 77 THE "COUNTY COUNCILMEN DAVID BROWN & CARNELL MURPHY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "COUNTY COUNCILMEN DAVID BROWN & CARNELL MURPHY INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5200 (Word version) -- Reps. Cobb-Hunter and Brawley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING ARTICLE XVIII SO AS TO PROVIDE FOR AN INDEPENDENT CITIZENS REDISTRICTING COMMISSION TO BE KNOWN AS THE "SOUTH CAROLINA CITIZENS REDISTRICTING COMMISSION", TO REQUIRE THE GENERAL ASSEMBLY TO PROVIDE FOR THE MEMBERSHIP AND FUNDING OF THE COMMISSION AND THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE CHOSEN, TO PROVIDE FOR THE DUTIES OF THE COMMISSION, TO PROVIDE FOR THE GENERAL ASSEMBLY'S ADOPTION OF THE COMMISSION'S REAPPORTIONMENT PLAN, TO PROVIDE THAT THERE MUST BE NO MECHANISM FOR EXECUTIVE OR LEGISLATIVE ALTERATION OR VETO POWER OVER THE COMMISSION'S FINAL REAPPORTIONMENT PLAN, AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT ADJOURN SINE DIE UNTIL IT HAS RECEIVED AND ADOPTED THE COMMISSION'S PROPOSED REAPPORTIONMENT PLAN.
Referred to Committee on Judiciary
H. 5201 (Word version) -- Reps. Cobb-Hunter and Brawley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 2 SO AS TO ESTABLISH THE SOUTH CAROLINA CITIZENS REDISTRICTING COMMISSION FOR THE PURPOSE OF SUBMITTING REAPPORTIONMENT PLANS TO THE GENERAL ASSEMBLY AND TO PROVIDE FOR THE SELECTION, QUALIFICATIONS, POWERS, DUTIES, AND TERMS OF THE COMMISSION AND ITS MEMBERS.
Referred to Committee on Judiciary
H. 5202 (Word version) -- Reps. Putnam, Long, West, Fry, Yow, G. R. Smith, Loftis, Burns, McCravy, Taylor, Young, Hiott, Chumley, Magnuson, Clemmons, Forrest, Hill, Huggins, Lowe, Martin, D. C. Moss, Pitts, Sandifer, Thayer, Trantham and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "SECOND AMENDMENT PROTECTION ACT"; TO PROVIDE
THAT NO MUNICIPALITY OR COUNTY MAY ENACT OR ENFORCE ANY ORDINANCE OR LAW THAT REGULATES THE OWNERSHIP, USE, OR POSSESSION OF FIREARMS, FIREARM ACCESSORIES, OR AMMUNITION IN A WAY THAT RESTRICTS ACCESS BEYOND THAT WHICH IS PROVIDED BY STATE LAW; TO REQUIRE THAT ANY AMENDMENT TO STATE LAW RESTRICTING THE OWNERSHIP, USE, OR POSSESSION OF FIREARMS, FIREARM ACCESSORIES, OR AMMUNITION OR OTHERWISE INFRINGES UPON A PERSON'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS REQUIRES A TWO-THIRDS VOTE ON THE THIRD READING OF THE BILL IN EACH BRANCH OF THE GENERAL ASSEMBLY; AND TO DEFINE THE TERM "FIREARM".
Referred to Committee on Judiciary
H. 5203 (Word version) -- Reps. Pope, Bowers, Jefferson, Erickson, Daning, Dillard, Atwater, Taylor, Thayer, Burns, Douglas, Norrell, Jordan, Kirby and Arrington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA INCOME TAX ACT FOR INDIVIDUALS, TRUSTS, AND ESTATES", TO PROVIDE, BEGINNING WITH TAXABLE YEAR 2018, A SINGLE OR "FLAT" RATE INCOME TAX RATE OF 4.85 PERCENT, TO CHANGE THE STATE'S INDIVIDUAL INCOME TAX BASE FROM FEDERAL TAXABLE INCOME TO FEDERAL ADJUSTED GROSS INCOME, TO PROVIDE FOR MODIFICATIONS TO FEDERAL ADJUSTED GROSS INCOME TO ARRIVE AT SOUTH CAROLINA TAXABLE INCOME, TO PROVIDE THAT THESE MODIFICATIONS INCLUDE A SOUTH CAROLINA STANDARD DEDUCTION, SOUTH CAROLINA PERSONAL EXEMPTION, A SOUTH CAROLINA DEPENDENT EXEMPTION, AND OTHER ADJUSTMENTS TO FEDERAL ADJUSTED GROSS INCOME, BOTH INCREASES AND DECREASES, TO ALLOW A CREDIT AGAINST A TAXPAYER'S INCOME TAX LIABILITY UNDER THIS NEW CHAPTER TO OFFSET DOUBLE TAXATION WHEN THE TAXPAYER'S INCOME IS SUBJECT TO INCOME TAX IN THIS STATE AND ANOTHER STATE OR JURISDICTION, AND TO ALLOW OTHER TRANSITIONAL CREDITS FOR CREDITS ACCRUED AND ALLOWED UNDER FORMER LAW THAT ARE IN CARRYFORWARD STATUS AFTER 2017.
Referred to Committee on Ways and Means
H. 5204 (Word version) -- Rep. Pitts: A BILL TO AMEND SECTION 8-13-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN GIFTS ON THE STATEMENT OF ECONOMIC INTERESTS, SO AS TO INCREASE THE MANDATORY REPORTING THRESHOLDS; AND TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO THE CONTENTS OF THE STATEMENT OF ECONOMIC INTERESTS, SO AS TO INCREASE THE MANDATORY REPORTING THRESHOLDS OF CERTAIN GIFTS TO PUBLIC OFFICIALS OR PUBLIC EMPLOYEES.
Referred to Committee on Judiciary
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.
Referred to Committee on Judiciary
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.
Referred to Committee on Education and Public Works
S. 709 (Word version) -- Senator Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 23, TITLE 59 SO AS TO REQUIRE FIRE AND SAFETY INSPECTIONS AT ALL PUBLIC SCHOOL FACILITIES AT LEAST ANNUALLY, AND TO PROVIDE RELATED POWERS AND DUTIES OF THE OFFICE OF THE STATE FIRE MARSHAL.
Referred to Committee on Education and Public Works
S. 834 (Word version) -- Senator Turner: A BILL TO AMEND SECTION 56-1-146 OF THE 1976 CODE, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE BY A PERSON CONVICTED OF CERTAIN CRIMES, TO AMEND THE DEFINITION FOR A CRIME OF VIOLENCE.
Referred to Committee on Judiciary
S. 854 (Word version) -- Senators Sheheen, Scott and Nicholson: A BILL TO AMEND SECTIONS 9-1-1540, 9-9-65, AND 9-11-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT A MEMBER IS CONSIDERED TO BE IN SERVICE ON THE DATE THE APPLICATION FOR DISABILITY RETIREMENT IS FILED IF THE LAST DAY THE MEMBER WAS EMPLOYED IN THE SYSTEM OCCURRED NOT MORE THAN ONE YEAR BEFORE THE DATE OF FILING.
Referred to Committee on Ways and Means
S. 874 (Word version) -- Senator Talley: A BILL TO AMEND SECTION 56-5-170(A) OF THE 1976 CODE, RELATING TO THE DEFINITION OF AUTHORIZED EMERGENCY VEHICLES, TO ADD ORGAN PROCUREMENT ORGANIZATION VEHICLES TO THE DEFINITION.
Referred to Committee on Education and Public Works
S. 932 (Word version) -- Senators Campbell, Hembree, Bennett, Williams and Grooms: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 57 OF THE 1976 CODE, RELATING TO THE CONSTRUCTION OF THE STATE HIGHWAY SYSTEM, BY ADDING SECTION 57-5-880, TO PROVIDE THAT AN ENTITY UNDERTAKING A TRANSPORTATION IMPROVEMENT PROJECT SHALL BEAR THE COSTS RELATED TO RELOCATING WATER AND SEWER LINES; TO PROVIDE THE REQUIREMENTS FOR UTILITIES TO BE ELIGIBLE FOR RELOCATION PAYMENTS; AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Education and Public Works
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".
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1014 (Word version) -- Senators Reese, Peeler, Talley and Martin: A BILL TO AMEND SECTION 44-7-2060 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF A REGIONAL HEALTH SERVICES DISTRICT'S BOARD OF DIRECTORS, TO PROVIDE THAT THE STATE INTEREST SHALL PREVAIL IF A CONFLICT EXISTS BETWEEN THE ANTITRUST LAWS OF THE STATE OR THE UNITED STATES AND THE EXERCISE OF POWER BY A REGIONAL HEALTH SERVICES DISTRICT WITH RESPECT TO THE OWNERSHIP, OPERATION, MANAGEMENT, OR LEASE OF A HOSPITAL, HEALTH CARE FACILITY, OR OTHER EXERCISE OF POWER.
On motion of Rep. COLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
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.
Referred to Committee on Labor, Commerce and Industry
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.
Referred to Committee on Judiciary
S. 1041 (Word version) -- Senators Davis, Campsen and Young: A BILL TO AMEND PART 1, CHAPTER 6, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-6-119, TO DEFINE AND PROHIBIT UNFAIR PRACTICES TARGETING VULNERABLE ADULTS BY OBTAINING MONEY, PROPERTY, OR PERSONALLY IDENTIFYING INFORMATION THROUGH DECEPTION, INTIMIDATION, UNDUE INFLUENCE, OR FALSE MISLEADING, OR DECEPTIVE ACTS OR PRACTICES; TO PROVIDE A RIGHT OF ACTION, RECOVERY AMOUNTS, AND PENALTIES; AND TO PROVIDE THAT THE REMEDIAL PROVISIONS OF THIS CHAPTER ARE CUMULATIVE.
Referred to Committee on Judiciary
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.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1083 (Word version) -- Senators Grooms, Campbell and Verdin: A BILL TO AMEND SECTION 56-3-210 OF THE 1976 CODE, RELATING TO THE TIME PERIOD FOR PROCURING REGISTRATION AND LICENSING, TEMPORARY LICENSE PLATES, AND THE TRANSFER OF LICENSE PLATES, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ADMINISTER A PROGRAM FOR AND REGULATE THE ISSUANCE OF TEMPORARY LICENSE PLATES FOR NEWLY ACQUIRED VEHICLES; TO PROVIDE FOR DESIGN AND OTHER SPECIFICATIONS; TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ADMINISTER AN ELECTRONIC SYSTEM FOR COUNTY AUDITOR'S OFFICES, LICENSED MOTOR VEHICLE DEALERS, LEASING COMPANIES, AND OTHER ENTITIES AUTHORIZED BY THE DEPARTMENT TO USE IN ISSUING TEMPORARY LICENSE PLATES; TO PROVIDE THAT ANY PERSON OR ENTITY AUTHORIZED BY THIS SECTION TO ISSUE A TEMPORARY LICENSE PLATE SHALL MAINTAIN RECORDS AS REQUIRED BY THE DEPARTMENT; TO PROVIDE FOR EXEMPTIONS; AND TO PROVIDE FOR PENALTIES.
Referred to Committee on Education and Public Works
S. 1099 (Word version) -- Senator Campbell: A BILL TO AMEND SECTION 48-20-280 OF THE 1976 CODE, RELATING TO THE APPLICATION OF THE SOUTH CAROLINA MINING ACT, TO ADD EXEMPTIONS FOR THE DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS, AND PERSONS ACTING UNDER CONTRACT WITH THE DEPARTMENT OF COMMERCE.
Referred to Committee on Labor, Commerce and Industry
S. 1101 (Word version) -- Senators Young, Hutto and Massey: A BILL TO AMEND ACT 205 OF 2016, RELATING TO AN EXEMPTION OF PRIVATE, FOR-PROFIT PIPELINE COMPANIES FROM CERTAIN RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES THAT OTHERWISE ARE EXTENDED TO PIPELINE COMPANIES, TO EXTEND THE SUNSET PROVISION TO NOVEMBER 30, 2020.
On motion of Rep. HIXON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
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.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1124 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 23-11-10 OF THE 1976 CODE, RELATING TO THE TIME FOR ELECTION OF SHERIFFS, TO PROVIDE THAT A COUNTY MAY HOLD A SHERIFF'S ELECTION EVERY FOUR YEARS DURING THE GENERAL ELECTION IN NON-PRESIDENTIAL ELECTION YEARS; AND TO AMEND SECTION 7-13-20 OF THE 1976 CODE, RELATING TO THE TIME FOR ELECTION OF CERTAIN COUNTY OFFICERS, TO PROVIDE THAT A COUNTY MAY HOLD A SHERIFF'S ELECTION EVERY FOUR YEARS DURING THE GENERAL ELECTION IN NON-PRESIDENTIAL ELECTION YEARS.
Referred to Committee on Judiciary
S. 1126 (Word version) -- Senator Sheheen: A BILL TO AMEND THE FIRST PARAGRAPH OF SECTION 1 OF ACT 930 OF 1970, AS LAST AMENDED BY ACT 606 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE KERSHAW COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT THE ELECTIONS SHALL BE HELD AT THE TIME OF THE GENERAL ELECTION IN APPROPRIATE YEARS.
On motion of Rep. FUNDERBURK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up:
H. 4973 (Word version) -- Reps. Bales, Taylor, Brown, Hosey, Simrill, Hixon, Blackwell and Young: A BILL TO AMEND SECTION 56-3-2150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES ISSUED TO CERTAIN CURRENT AND RETIRED PUBLIC OFFICIALS, SO AS TO PROVIDE THAT TWO SPECIAL LICENSE PLATES MAY BE ISSUED TO EACH OF THESE OFFICIALS, AND THAT A SPECIAL LICENSE PLATE ISSUED TO A MEMBER OF THE GENERAL ASSEMBLY WHO IS RECEIVING RETIREMENT BENEFITS MUST CONTAIN THE SEAL IMPRINTED ON SPECIAL LICENSE
PLATES ISSUED TO CURRENT MEMBERS OF THE GENERAL ASSEMBLY.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4973 (COUNCIL\CM\4973C001. GT.CM18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-2150 of the 1976 Code is amended to read:
"Section 56-3-2150. The Department of Motor Vehicles may issue special motor vehicle license plates to former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate, respectively, members of municipal and county councils, county coroners, and mayors of this State for private passenger motor vehicles owned by them. The department also may issue special motor vehicle license plates to former members of the General Assembly who are eligible to receive retirement benefits under the General Assembly Retirement System for private passenger motor vehicles and vehicles classified as private passenger motor vehicles in Section 56-3-630 owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate, respectively, a councilman, or a mayor, or a member of the General Assembly who is receiving retirement benefits. A coroner and a former member of the General Assembly may be issued two license plates. A special motor vehicle license plate issued to a former member of the General Assembly must contain the seal imprinted on special motor vehicle license plates issued to current members of the General Assembly. These license plates must be issued or revalidated biennially for the regular registration and licensing period. A person convicted of a crime involving dishonesty or moral turpitude, or another crime punishable by imprisonment for at least one year may not apply for special motor vehicle license plates issued pursuant to this section. A person convicted of an offense contained in this section subsequent to issuance of a special motor vehicle license plate shall surrender the special license plate to the Department of Motor Vehicles within three days of the date of the conviction."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Bales Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Burns Chumley Clyburn Cobb-Hunter Cole Collins Davis Delleney Dillard Elliott Erickson Felder Forrest Forrester Gilliard Govan Hamilton Hardee Hart Henderson-Myers Hewitt Hixon Hosey Howard Jordan King Kirby Knight Loftis Lowe Lucas Mack McCoy McEachern McGinnis McKnight D. C. Moss V. S. Moss B. Newton W. Newton Norrell Parks Pendarvis Pitts Pope M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Trantham Weeks West Wheeler Whitmire Young Yow
Those who voted in the negative are:
Atwater Ballentine Clary Clemmons Crosby Daning Duckworth Fry Funderburk Gagnon Hill Hiott Huggins Johnson Long Mace Magnuson Martin McCravy Putnam Thayer Willis
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3846 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 40-59-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM HOMEBUILDERS LICENSURE REQUIREMENTS FOR CERTAIN RESIDENTIAL PROPERTY IMPROVEMENTS MADE BY PROPERTY OWNERS FOR PERSONAL USE, SO AS TO REMOVE A PROVISION WHICH DISQUALIFIES PROPERTY OWNERS WHO SELL OR RENT SUCH AN IMPROVED PROPERTY WITHIN TWO YEARS AFTER THE IMPROVEMENTS ARE MADE FROM THIS EXCEPTION, AND TO MAKE A CONFORMING CHANGE IN A RELATED DISCLOSURE GIVEN TO PROPERTY OWNERS SEEKING TO QUALIFY FOR THE EXCEPTION.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3846 (COUNCIL\WAB\3846 C001.AGM.WAB18):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 59, Title 40 of the 1976 Code is amended by adding:
"Section 40-59-265. (A) This chapter does not apply to an owner of residential property who makes general cosmetic improvements, inside or outside the home including, but not limited to, the installation
or repair of interior and exterior paint or trim, flooring, toilets, showers, tubs, sinks, fixtures, cabinetry, shelving, appliances, doors, windows, drywall, driveways, landscaping, external storage buildings, decks, patios, porches, and fencing if the owner does the work himself.
(B) An owner of residential property meeting the requirements of subsection (A) is exempt from building permit application requirements for those cosmetic improvements identified in subsection (A) where the owner does the work himself."
SECTION 2. Section 40-59-20(7) of the 1976 Code is amended to read:
"(7) 'Residential specialty contractor' means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. The provisions of this chapter do not preclude a licensed residential builder from also obtaining licensure as a residential specialty contractor in an area of contracting identified in statute or recognized by the commission. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) floor covering installers;
(h) masons;
(i) dry wall installers;
(j) carpenters;
(k) stucco installers;
(l) painters/wall paperers."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER moved to adjourn debate on the amendment, which was agreed to.
Rep. SANDIFER proposed the following Amendment No. 2 to H. 3846 (COUNCIL\AHB\3846C002.BH.AHB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 59, title 40 of the 1976 Code is amended by adding:
"Section 40-59-265. (A) This chapter does not apply to an owner of residential property who improves the property when the improvements are for the following:
(1) building:
(a) one-story detached accessory structures, provided that the floor area does not exceed two hundred square feet;
(b) fences not over seven feet high;
(c) retaining walls that are not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge;
(d) water tanks supported directly upon grade if the capacity does not exceed five thousand gallons and the ratio of height to diameter or width does not exceed two to one;
(e) sidewalks and driveways;
(f) painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work;
(g) prefabricated swimming pools that are less than twenty-four inches deep;
(h) swings and other playground equipment;
(i) window awnings supported by an exterior wall that do not project more than fifty-four inches from the exterior wall and do not require additional support;
(j) decks not exceeding two hundred square feet in area, that are not more than thirty inches above grade at any point, are not attached to a dwelling and do not serve the exit door that serves as egress from habitable levels including habitable attics and basements;
(2) electrical:
(a) listed cord-and-plug connected temporary decorative lighting;
(b) reinstallation of attachment plug receptacles but not the outlets;
(c) replacement of branch circuit overcurrent devices of the required capacity in the same location;
(d) electrical wiring, devices, appliances, apparatus or equipment operating at less than twenty-five volts and not capable of supplying more than fifty watts of energy;
(e) minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles;
(3) gas:
(a) portable heating, cooking, or clothes drying appliances;
(b) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe;
(c) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid;
(4) mechanical:
(a) portable heating appliances;
(b) portable ventilation appliances;
(c) portable cooling units;
(d) steam, hot- or chilled-water piping within any heating or cooling equipment regulated by the South Carolina Residential Building Code;
(e) replacement of any minor part that does not alter approval of equipment or make such equipment unsafe;
(f) portable evaporative coolers;
(g) self-contained refrigeration systems containing ten pounds or less of refrigerant or that are actuated by motors of one horsepower or less;
(h) portable-fuel-cell appliances that are not connected to a fixed-piping system and are not interconnected to a power grid;
(5) plumbing:
(a) the stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work must be considered as new work and a permit must be obtained and inspection made as provided in the South Carolina Residential Building Code;
(b) the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures.
(B) The improvements delineated in subsection (A) are exempt from building permit application requirements and a homeowner who makes these improvements is not required to have a residential builder
or residential specialty contractor's license or be subject to the penalties provided in this chapter."
SECTION 2. Section 40-59-20(7) of the 1976 Code is amended to read:
"(7) 'Residential specialty contractor' means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. A residential specialty contractor is not authorized to construct additions to residential buildings or structures without supervision by a residential builder or other appropriately licensed person or entity. Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) floor covering installers;
(h) masons;
(i) dry wall installers;
(j) carpenters;
(k) stucco installers;
(l) painters/ and wall paperers.
Plumbers, electricians, and heating and air conditioning installers and repairers must be issued licenses after passing the required examination. Vinyl and aluminum siding installers, insulation installers, roofers, floor covering installers, masons, dry wall installers, carpenters, stucco installers, and painters and wall paperers must be issued registrations.
A residential specialty contractor is prohibited from undertaking work outside the scope of his license or registration, including employing, hiring, and contracting or subcontracting with others to perform such work on his behalf.
The provisions of this chapter do not preclude a licensed residential builder from also obtaining licensure or registration as a residential specialty contractor in an area of contracting identified in statute or
recognized by the commission. In addition, a residential builder, who is licensed by examination in this State, is authorized to perform work in any of the areas of residential specialty contracting without separately obtaining a residential specialty contractor license or registration."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3846 (COUNCIL\WAB\3846C001. AGM.WAB18), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 59, Title 40 of the 1976 Code is amended by adding:
"Section 40-59-265. (A) This chapter does not apply to an owner of residential property who makes general cosmetic improvements, inside or outside the home including, but not limited to, the installation or repair of interior and exterior paint or trim, flooring, toilets, showers, tubs, sinks, fixtures, cabinetry, shelving, appliances, doors, windows, drywall, driveways, landscaping, external storage buildings, decks, patios, porches, and fencing if the owner does the work himself.
(B) An owner of residential property meeting the requirements of subsection (A) is exempt from building permit application requirements for those cosmetic improvements identified in subsection (A) where the owner does the work himself."
SECTION 2. Section 40-59-20(7) of the 1976 Code is amended to read:
"(7) 'Residential specialty contractor' means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. The provisions of this chapter do not preclude a licensed residential builder from also obtaining licensure as a residential specialty contractor in an area of contracting identified in statute or recognized by the commission.
Residential specialty contracting includes the following areas of contracting and other areas as the commission may recognize by regulation:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) floor covering installers;
(h) masons;
(i) dry wall installers;
(j) carpenters;
(k) stucco installers;
(l) painters/wall paperers."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER 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 Atwater Bales Ballentine Bannister Bernstein Blackwell Bradley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crawford Crosby Davis Delleney Dillard Duckworth Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee
Hart Henderson Henderson-Myers Hewitt 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 B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
Arrington Bennett Daning Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4093 (Word version) -- Reps. Collins, J. E. Smith and Norrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT FIRST INITIATIVE ACT" BY ADDING CHAPTER 5 TO TITLE 41 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO ESTABLISH POLICIES SUPPORTIVE OF COMPETITIVE AND INTEGRATED
EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES, TO CREATE RELATED RESPONSIBILITIES FOR STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE, TO CREATE THE SOUTH CAROLINA EMPLOYMENT FIRST OVERSIGHT COMMISSION, AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE COMMISSION.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4093 (COUNCIL\WAB\4093C001. AGM.WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-5-110. This chapter must be known and may be cited as the 'Employment First Initiative Act'.
Section 41-5-120. As used in this chapter:
(1) 'Competitive integrated employment' means work in the competitive labor market that is:
(a) performed on a full-time or part-time basis in an integrated setting; and
(b) for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by individuals without disabilities.
(2) 'Integrated setting' means, with respect to an employment outcome, a setting typically found in the community in which employed individuals with disabilities interact with individuals without disabilities, other than individuals who are providing services to employees with disabilities, to the same extent that individuals without disabilities in comparable positions interact with other people.
Section 41-5-130. All state agencies and political subdivisions of this State shall consider adopting a policy that encourages competitive integrated employment for individuals with disabilities.
Section 41-5-140. All state agencies are encouraged to:
(1) coordinate efforts and collaborate within and among themselves to ensure that state programs, policies, procedures, and funding support the competitive and integrated employment of individuals with disabilities;
(2) share data and information across systems in order to track progress toward full implementation of this chapter, whenever feasible, and in accordance with all applicable state and federal confidentiality laws; and
(3) adopt rules and promulgate regulations to implement the provisions of this chapter.
Section 41-5-150. (A) There is hereby established the South Carolina Employment First Oversight Commission consisting of seventeen members. The commission consists of the following members who serve for a three-year term with a limit of two consecutive terms:
(1) one must be appointed by the Governor from Protection and Advocacy for People with Disabilities;
(2) one must be appointed by the Governor from the South Carolina Developmental Disabilities Council;
(3) one must be appointed by the Governor from Able South Carolina;
(4) one must be appointed by the Governor from the South Carolina University Center for Excellence in Developmental Disabilities;
(5) one must be appointed by the Governor from a cross-disability, consumer-run, private entity;
(6) two members representing the business community appointed by the Governor;
(7) the State Superintendent of Education or his designee, serving ex officio;
(8) the Director of the South Carolina Department of Employment and Workforce or his designee, serving ex officio;
(9) the Director of the South Carolina Department of Disabilities and Special Needs or his designee, serving ex officio;
(10) the Director of the South Carolina Department of Mental Health or his designee, serving ex officio;
(11) the Director of the South Carolina Vocational Rehabilitation Department or his designee, serving ex officio;
(12) the Director of the South Carolina Commission for the Blind or his designee, serving ex officio; and
(13) four members, each of whom has a disability or substantial knowledge of disability issues and who is employed by a governmental or private entity which provides an employment service to individuals with disabilities, provided at least two of these members must have a disability. Of the members appointed pursuant to the item:
(a) one must be appointed by the Speaker of the House of Representatives;
(b) one must be appointed by the Minority Leader of the House of Representatives;
(c) one must be appointed by the President Pro Tempore of the Senate; and
(d) one must be appointed by the Minority Leader of the Senate.
(B) The Governor shall designate one member to convene and organize the first meeting of the commission. During this meeting, the commission shall elect a chairperson and a vice chairperson from among its members.
(C) All actions of the commission must be taken by a majority of the members of the commission present and voting.
(D) Members of the commission may not receive compensation, mileage, subsistence, or per diem for their service to the commission.
Section 41-5-160. Within six months after the first meeting required in Section 41-5-150(B), the commission shall establish evidence-based measurable goals and objectives to encourage implementation of this chapter. The commission shall track the measurable progress of state agencies in implementing this chapter. All state agencies are encouraged to assist the commission in carrying out its duties by fully cooperating with each other and the commission, and by providing data and information in accordance with all applicable state and federal confidentiality laws.
Section 41-5-170. The commission annually shall, before January first, issue a report to the Governor and members of the General Assembly which details progress toward the goals and objectives of the commission and progress toward the full implementation of this chapter. The report also shall identify barriers to achieving the outcomes and effective strategies and policies that can help realize the employment first initiative. All state agencies are encouraged to cooperate with the commission on the creation and dissemination of the annual report.
Section 41-5-180. The commission may seek the guidance and expertise of all stakeholders, including individuals with disabilities, organizations that advocate on behalf of individuals with disabilities, providers of services to individuals with disabilities, local government, and business associations."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Bales Ballentine Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crosby Daning Davis Delleney Dillard Duckworth Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Henderson Henderson-Myers Hewitt 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 B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West
Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4304 (Word version) -- Reps. Duckworth, Loftis, Finlay, Henderson, Stavrinakis, Clary, McCoy, Taylor, Cogswell, Hewitt, Erickson, Crawford, Johnson, Jordan, Atwater, Spires, Fry, Clemmons, Putnam, McCravy, Huggins, Davis, Kirby, Arrington, Bennett, Collins, Felder, Ballentine, Bannister, Bedingfield, Blackwell, Cole, Forrest, Gagnon, Hardee, Herbkersman, Hiott, Hixon, Lowe, Lucas, V. S. Moss, Pope, S. Rivers, Simrill, G. R. Smith, Thayer, Wheeler, Willis, Murphy, Brown, Elliott, Ott, Norrell, McGinnis, Caskey, Mace, Trantham, Ridgeway and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-37-60 SO AS TO PROVIDE THAT "OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES" MEANS INITIATIVES UNDERTAKEN BY AN ELECTRICAL UTILITY FOR THE LONG-TERM ADVANCEMENT OF ECONOMIC DEVELOPMENT AND CLEAN ENERGY BENEFITS RESULTING FROM OFFSHORE WIND, TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION MAY ADOPT PROCEDURES THAT ENCOURAGE ELECTRICAL UTILITIES SUBJECT TO THE JURISDICTION OF THE COMMISSION TO INVEST IN OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES THAT PROVIDE COST RECOVERY FOR ENERGY SUPPLIERS AND DISTRIBUTORS WHO INVEST IN OFFSHORE WIND RESOURCE DEVELOPMENT ACTIVITIES THAT ARE REASONABLY EXPECTED TO RESULT IN ECONOMIC DEVELOPMENT FROM THE MANUFACTURING AND DEPLOYMENT OF OFFSHORE WIND.
The House Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4304 (COUNCIL\ZW\4304 C002.GGS.ZW18), which was adopted:
Amend the bill, as and if amended, by striking all after the Title but before the enacting words and inserting:
/ Whereas, South Carolina is well suited to meet the workforce and infrastructure needs related to offshore wind-energy development along the East Coast and this development would create long-term, well-paying jobs for the community; and
Whereas, the thirty-three wind energy manufacturing facilities currently operating in South Carolina employ over 1,100 people, generate $530 million of output annually in the State, and support 1,797 indirect and induced jobs statewide; and
Whereas, Clemson University's Wind-Turbine Drivetrain Testing Facility in North Charleston is one of a kind and the largest in the world and is well positioned to serve a central role in the further development of a wind-energy industry hub for South Carolina, attracting manufacturers; and
Whereas, South Carolina's shallow-water offshore wind resource is the second largest of the East Coast states and represents a long-term economic investment opportunity, as well as a long-term opportunity for in-state energy production; and
Whereas, Santee Cooper has demonstrated leadership in offshore wind assessment through buoy and SODAR projects collecting wind data in partnership with Coastal Carolina University, and through designing an offshore meteorological platform for further data collection; and
Whereas, offshore wind energy is a domestic source of energy shielded from hostile foreign interests; and
Whereas, the South Carolina coastline is also the location of 52,000 square miles comprising the Regional Military Operating Area bordering coastal Florida, Georgia, and South Carolina ("Military Operating Areas") which provide critical flight training areas to support the mission of military aviation forces in the southeastern United States; and
Whereas, it is recognized that the military use of the Military Operating Areas must not be impaired by the installation of wind turbines in areas incompatible with their continued use for vital military training purposes. Now, therefore, /
Amend the bill further, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 37, Title 58 of the 1976 Code is amended by adding:
"Section 58-37-60. (A) For purposes of this section:
(1) 'offshore wind-resource development activities' means initiatives undertaken by an electrical utility for the long-term advancement of economic development and clean-energy benefits resulting from offshore wind;
(2) 'used and useful' means an electric utility facility has commenced commercial operations and is presently providing actual electric utility service to customers; and
(3) 'prudent' or 'prudence' means and requires a high standard of care in making decisions and taking actions in order to protect the public interest.
(B) The South Carolina Public Service Commission may adopt procedures that encourage electrical utilities subject to the jurisdiction of the commission to invest in offshore wind-resource development activities if the commission determines that adopting these procedures would be in the best interest of South Carolina ratepayers.
(C) In considering an application under this act, the commission must not approve an application without making findings that approval of the application is reasonably expected to result in the development of energy resources that benefit South Carolina and are in ratepayers' best interest considering:
(1) reduced electric rates;
(2) economic development benefits for residents within the State; and
(3) environmental impacts.
(D) Offshore wind resource development activities undertaken by an electrical utility may include only:
(1) offshore wind-potential studies;
(2) a demonstration project developed in collaboration with regional electrical utility partners or other electrical utility partners of this State;
(3) utility transmission and distribution system improvements associated with a demonstration wind project;
(4) regional initiatives that include out-of-state partnerships for data gathering activities related to future offshore wind deployment; and
(5) partnership initiatives with colleges and universities.
(E) Nothing in this section is meant to require an electrical utility subject to the jurisdiction of the commission to invest in offshore wind-resource development activities.
(F) In considering an application for approval under this act of any offshore wind-resource development activities in areas that comprise a portion of the Military Training Areas bordering South Carolina or Georgia, the commission must not approve an application without the prior written concurrence of the applicable federal, state and local authority.
(G) A structure installed to accomplish the purposes of this chapter must not be visible by the human eye from land."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chumley Clary Clemmons 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 Hart Henderson Henderson-Myers Hewitt 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 B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5091 (Word version) -- Reps. White and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-225 SO AS TO PROMOTE STUDENT AND TEACHER SAFETY BY PROVIDING THAT PUBLIC AND PRIVATE SCHOOLS MAY INSTALL AND USE LOCKDOWN MAGNETIC DOOR STRIPS ON CLASSROOM DOOR FRAMES TO BETTER SECURE CLASSROOMS DURING LOCKDOWNS, TO DEFINE NECESSARY TERMINOLOGY, TO PROVIDE RELATED RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT MUST PREVAIL TO THE EXTENT THAT THEY CONFLICT WITH ANOTHER PROVISION OF LAW.
Reps. ATWATER, WHITE, BALES, SANDIFER, HIXON, FELDER, TALLON, BRYANT, BLACKWELL, YOUNG, BROWN, WHITMIRE, ALLISON, BENNETT, CROSBY, COLLINS, HIOTT, HOSEY, KIRBY, ALEXANDER, CLEMMONS, ERICKSON, ANDERSON and CRAWFORD requested debate on the Bill.
The following Bill was taken up:
H. 5046 (Word version) -- Reps. Loftis, Crawford, Hewitt, Ballentine, Anderson and Sandifer: A BILL TO AMEND SECTION 40-57-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO PROVIDE A ONE-MONTH GRACE PERIOD FOR LICENSEES OF THE COMMISSION TO SUBMIT RENEWAL APPLICATIONS AND PAY RENEWAL FEES WITHOUT INCURRING A LATE FEE OR ENGAGING IN THE UNLICENSED PRACTICE OF REAL ESTATE, TO PROVIDE THAT LICENSEES WHO FAIL TO SUBMIT RENEWAL APPLICATIONS AND PAY RENEWAL FEES AFTER THIS GRACE PERIOD ARE SUBJECT TO A SEVENTY-FIVE DOLLAR LATE FEE AND MAY NOT BE ASSESSED AN ADDITIONAL LATE FEE OR RENEWAL FEE, AND TO PROVIDE LICENSES WHICH ARE NOT RENEWED BEFORE THE END OF THE YEAR OF EXPIRATION ARE CANCELLED AND THE LICENSEE MUST REAPPLY AND REQUALIFY FOR LICENSURE; AND TO AMEND SECTION 40-57-60, RELATING TO POWERS AND DUTIES OF THE COMMISSION, SECTION 40-57-70, RELATING TO LICENSE AND APPLICATION FEES, AND SECTION 40-57-110, RELATING TO LICENSE LAPSES FOR LATE RENEWALS, ALL SO AS TO MAKE CONFORMING CHANGES.
Rep. ANDERSON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Atwater Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley
Brown Burns Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Crawford Davis Delleney Dillard Duckworth Elliott Erickson Forrest Forrester Fry Funderburk Gagnon Gilliard Govan Hamilton Hardee Hart Henderson Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McEachern McGinnis D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam M. Rivers S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
Arrington Bennett Bryant Crosby Daning Felder
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4009 (Word version) -- Reps. Lucas, Williams, Crawford, Alexander, McCoy, Hiott, Clemmons, Bales, Bedingfield, Ott, G. R. Smith, Herbkersman, Sandifer and S. Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 12 SO AS TO ENACT THE 'MOTORSPORTS ENTERTAINMENT COMPLEX INVESTMENT ACT' BY EXEMPTING CERTAIN BUILDING MATERIALS FOR A COMPLEX FROM THE SALES TAX AND TO PROVIDE THE PROCESS BY WHICH A QUALIFIED COMPANY MAY CLAIM THE EXEMPTION, TO CREATE THE MOTORSPORTS TOURISM INCENTIVE FUND TO AWARD GRANTS OR LOANS TO ATTRACT AND EXPAND TOURISM AND HOSPITALITY PROJECTS RELATED TO EVENTS AT SUCH COMPLEXES, TO PROVIDE THAT A COMPLEX IS ELIGIBLE FOR BENEFITS FROM THE CLOSING FUND, TO ALLOW A TAX CREDIT OF TWENTY-FIVE PERCENT OF THE COSTS INCURRED BY A TAXPAYER TO INSTALL EQUIPMENT OR TECHNOLOGY THAT ALLOWS INFORMATION TO BE TRANSMITTED THROUGH A WIRELESS LOCAL AREA NETWORK AT A COMPLEX; TO AMEND SECTION 12-20-110, RELATING TO THE APPLICABILITY OF CORPORATION LICENSE FEE PROVISIONS, SO AS TO MAKE SUCH PROVISIONS INAPPLICABLE TO A COMPLEX; AND TO AMEND SECTION 12-21-2425, RELATING TO THE ADMISSION LICENSE TAX, SO AS TO INCREASE THE EXEMPTION ON A COMPLEX, TO REMOVE THE TIME PERIOD FOR THE EXEMPTION, AND TO PROVIDE THAT THE EXEMPTED REVENUE MUST BE USED ON MARKETING FOR EVENTS AT THE COMPLEX.
Rep. HILL requested debate on the Bill.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 4009 (COUNCIL\DG\4009C002.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 12 of the 1976 Code is amended by adding:
Section 12-69-10. This chapter may be cited as the 'Motorsports Entertainment Complex Investment Act'.
Section 12-69-20. For purposes of this chapter:
(1) 'Company' means any corporation, partnership, limited liability company, or other business entity.
(2) 'Department' means the Department of Revenue.
(3) 'Motorsports entertainment complex' has the same meaning as provided in Section 12-21-2425.
Section 12-69-30. (A) A company, upon making application for, meeting the requirements of, and receiving written certification of that designation from the department, as provided in subsection (B), is exempt from state and local sales tax on building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a motorsports entertainment complex.
(B) A company shall become a qualified company by applying with the department. The director of the department shall approve the application so long as the application is accompanied by a practical plan to make a capital investment of at least ten million dollars on any motorsport entertainment complex in this State within the five-year period immediately following the approval of the application. Upon receiving written certification from the department, a company may utilize the exemption specified in subsection (A).
(C) Once a company has met the requirements of subsection (B), the department shall issue a sales and use tax exemption certificate to the company as evidence of the exemption. The exemption is effective upon receipt and shall remain effective until December thirty-first of the fifth full calendar year after its issuance. Once the exemption certificate is ineffective, the company must return the exemption certificate to the department and submit a report to the department of the actual expenditures made in South Carolina in connection with the investment. The company must designate a member or representative of the company to work with the department on reporting of the investment.
(D) A company that is approved and receives a sales and use tax exemption certificate but fails to meet the capital investment requirements within the five-year period, is liable for the sales and use taxes that would have been paid had the approval not been granted in the same proportion as the actual capital investment failed to meet the required capital investment. The company must be given a sixty-day period in which to pay the sales and use taxes without incurring
penalties. The sales and use taxes are considered due as of the date the tangible personal property was purchased in or brought into South Carolina for use, storage, or consumption.
(E) At the time the company is certified by the department it may make an irrevocable assignment of future payments attributable to the rebates made pursuant to this section. For purposes of this section, 'designated trustee' means the single financier or financial institution designated by the council to receive all assignments of payments made pursuant to this chapter and to the terms of an agreement entered into by the company. If a company elects to assign payments to the designated trustee, the election must be made on a form provided by the department including a waiver of the provisions of Section 12-54-240, and the payments may be paid only to the designated trustee. The company must file an application for the assignment with the director of the department no later than sixty days after certification."
SECTION 2. This act takes effect upon approval by the Governor and applies to tax years beginning after 2016. /
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 Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atkinson Atwater Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Clary Clemmons 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 Hart Henderson Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Knight Loftis Lowe Lucas Mack Martin McCoy McCravy McEachern McGinnis McKnight D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Putnam S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Weeks West Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3684 (Word version) -- Reps. G. R. Smith, Loftis, Hamilton, Elliott, Burns, Bedingfield and S. Rivers: A BILL TO AMEND SECTION 12-54-122, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX LIENS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO IMPLEMENT A SYSTEM OF FILING AND
INDEXING LIENS WHICH IS ACCESSIBLE TO THE PUBLIC OVER THE INTERNET OR THROUGH OTHER MEANS.
Rep. WHITMIRE explained the Bill.
Reps. HART, KING, GILLIARD, MCEACHERN, BRAWLEY, THIGPEN, M. RIVERS, WEEKS, GOVAN and MCKNIGHT requested debate on the Bill.
The following Bill was taken up:
H. 4715 (Word version) -- Reps. Kirby, Ott, Hiott, Hixon, Chumley, Burns, Johnson, Duckworth, Wheeler, Dillard, Forrest and Atkinson: A BILL TO AMEND SECTION 50-23-11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT DEALER DEMONSTRATION NUMBERS, SO AS TO PROVIDE FOR A THIRTY-DOLLAR APPLICATION FEE, TO PROVIDE FOR THE EXPIRATION OF DEMONSTRATION NUMBERS, AND TO PROVIDE FOR THE USE OF FEE REVENUE; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO MOTORCRAFT CERTIFICATE OF NUMBER FEES AND DECALS, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM ISSUING DUPLICATE DECALS WHEN AD VALOREM TAXES ARE OUTSTANDING; TO AMEND SECTION 50-23-340, RELATING TO THE APPLICATION FEE FOR WATERCRAFT CERTIFICATE OF NUMBERS, SO AS TO REDUCE THE FEE TO TEN DOLLARS; TO AMEND SECTION 50-23-345, AS AMENDED, RELATING TO TEMPORARY WATERCRAFT CERTIFICATE OF NUMBERS, SO AS TO PROVIDE A CERTIFICATE OF NUMBER MAY NOT BE ISSUED UNTIL AD VALOREM TAXES ARE PAID FOR THE YEAR IN WHICH THE CERTIFICATE IS ISSUED; TO AMEND SECTION 50-23-370, AS AMENDED, RELATING TO THE EXPIRATION AND RENEWAL OF WATERCRAFT CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF RENEWAL NOTICES AND PROCESSING OF RENEWALS BY COUNTY AUDITORS, AND TO MAKE RENEWALS ANNUAL INSTEAD OF EVERY THREE YEARS, AND TO PROVIDE FOR THE IMPLEMENTATION OF THESE PROVISIONS OVER A THREE-YEAR PERIOD; BY ADDING SECTION 50-23-12 SO AS TO REQUIRE THE
COMPLETION OF CERTAIN CHANGE IN STATUS FORMS FOR WATERCRAFT AND OUTBOARD MOTOR TRADE-INS; BY ADDING SECTION 50-23-35 SO AS TO PROVIDE FOR THE ISSUANCE OF WATERCRAFT TITLES UPON PROVIDING EVIDENCE OF AD VALOREM TAX PAYMENT, AND TO PROVIDE EXCEPTIONS; AND BY ADDING ARTICLE 26 TO CHAPTER 37, TITLE 12 SO AS TO PROVIDE PROCEDURES CONCERNING ASSESSMENTS AND PAYMENTS FOR PROPERTY TAXATION OF BOATS AND WATERCRAFT AND THE ISSUANCE OF CERTIFICATES OF NUMBER FOR BOATS AND WATERCRAFT.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4715 (COUNCIL\WAB\4715C003.AGM. WAB18), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Section 50-23-11 of the 1976 Code, as added by Act 344 of 2008, is amended by adding a subsection at the end to read:
"(E) The fee for a dealer demonstration number is thirty dollars and the fee must accompany the application for each demonstration number. Demonstration numbers expire on December thirty-first of each year or on the same date the marine dealer permit under which they were issued is voided, surrendered, or revoked. All revenue from each demonstration number must be used to support the Marine Investigations section of the department."
SECTION 2. Section 50-23-70 of the 1976 Code, as last amended by Act 344 of 2008, is further amended by adding a subsection at the end to read:
"(E) The department must not issue a duplicate document for a certificate of number decal, certificate of number card, outboard motor decal, or watercraft title decal if the department has notice that ad valorem taxes are due."
SECTION 3. Section 50-23-340 of the 1976 Code is amended to read:
"Section 50-23-340. The owner of each motorboat requiring numbering by this chapter shall file an application for a number with the department on forms approved by it. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of thirty ten dollars. Upon receipt of the application in approved form, the department shall enter the same upon the records of its office and issue
to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner. The certificate of number shall be pocket size."
SECTION 4. Section 50-23-345(A) of the 1976 Code, as last amended by Act 344 of 2008, is further amended to read:
"(A) A transferee shall utilize the temporary certificate of number on the department's application form as a temporary certificate of number to permit the use of watercraft while applications for certificates of number are processed. Temporary certificates of number apply to new and previously owned watercraft. A temporary certificate is valid for not more than sixty days from the date of purchase. No temporary certificate of number may be issued for a boat, boat motor, or watercraft until the ad valorem tax is paid for the year for which the registration is to be issued."
SECTION 5.A. Section 50-23-370 of the 1976 Code, as last amended by Act 344 of 2008, is further amended to read:
"Section 50-23-370. (A) Except as otherwise provided, a certificate of number awarded pursuant to this chapter continues in effect for three years one year unless sooner terminated or discontinued in accordance with this chapter. Certificates A certificate of number may be renewed by the owner in the same manner provided for in the initial securing of the certificates as provided in subsection (B). The department shall fix a day and month of the year on which certificates of number expire unless renewed pursuant to this chapter.
(B)(1) Beginning January 1, 2020, each county auditor annually shall mail watercraft certificate of number renewal notices to the owners of watercraft in the county as determined by the Department of Natural Resources no later than forty-five days before expiration of the certificate. The renewal notices, including the fees upon completion, must be returned to that county which shall:
(a) process the application and, if granting the renewal, notify the department to issue a renewed certificate and decal;
(b) transmit the processed renewal notices to the department within seven days; and
(c) transmit the fees, including any late fees, to the appropriate state fund.
(2) Each county auditor must have access to the motorboat titling and registration records of the department as applicable to the county auditor in the manner the county auditor and department agree for the purpose of the county auditor performing the functions required in item (1).
(3) The department may not charge counties for online access network fees for watercraft and owner information.
(4) If a certificate of number is not approved immediately by the department, an owner may operate under a paid tax receipt for thirty days.
(B)(C)(1) A renewal application for a certificate of number, except those from marine dealers, presented after thirty days from its expiration date is subject to a late penalty of fifteen dollars.
(2) A renewal application for a certificate of number presented after sixty days from its expiration date is subject to a late penalty of thirty dollars."
B. (A) Beginning January 1, 2020, the provisions of SECTION 5.A. of this act will be phased in over a three-year period as certificates of number expire. Any certificate of number awarded prior to January 1, 2020, will remain in effect for the full three-year term unless terminated or discontinued by the Department of Natural Resources. Certificates of number awarded after January 1, 2020, will become effective on an annual basis. Full implementation of SECTION 5.A. of this act begins on December 31, 2022.
(B) It is the intent of the General Assembly that the provisions of this act result in only one tax payment due per boat, boat motor, or watercraft in any twelve-month period. All interpretation and implementation of this act should be consistent with this intent.
SECTION 6. Article 1, Chapter 23, Title 50 of the 1976 Code is amended by adding:
"Section 50-23-12. A permitted marine dealer that accepts any watercraft or outboard motor as a trade-in must obtain from the owner a completed change in status form indicating the trade-in. The dealer must submit the form to the department within thirty days in the manner prescribed."
SECTION 7. Article 1, Chapter 23, Title 50 of the 1976 Code is amended by adding:
"Section 50-23-35. (A) No title for a watercraft or outboard motor may be issued by the department if currently titled in this State or titled or registered in another state unless it is accompanied by a receipt from the applicant's appropriate county official stating payment of ad valorem taxes due for the tax year in which the ownership was initiated has been paid. Applications submitted more than one year after ownership was initiated must be accompanied by paid tax receipts for all subsequent years up to the date the application was accepted by the department.
(B) A title for a watercraft or outboard motor sold by a permitted marine dealer is exempt from the requirement for a paid tax receipt and may be titled by the department without the receipt indicating ad valorem taxes have been paid. The department must transmit daily a list of the titles and certificates of registrations issued under this exemption to the respective county official for collection of ad valorem taxes.
(C) No receipt is required for a watercraft or outboard motor designated as exempt from ad valorem taxes by the appropriate county official, provided that each county makes such a determination when a watercraft or outboard motor is titled in their respective county."
SECTION 8. Chapter 37, Title 12 of the 1976 Code is amended by adding:
Section 12-37-3200. The tax year for boats, boat motors, and watercraft subject to property tax pursuant to Section 12-37-714 begins with the last day of the month in which a certificate of number required by Section 50-23-370 is issued and ends on the last day of the month in which the certificate of number expires or is due to expire. No certificate of number may be issued for a boat, boat motor, or watercraft until the ad valorem tax is paid for the year for which the registration is to be issued. All ad valorem taxes on a boat, boat motor, or watercraft are due and payable one hundred twenty days from the date of purchase.
Section 12-37-3210. (A) The auditor shall prepare a tax notice for all boats, boat motors, and watercraft owned by the same person and titled at the same time for each tax year. A notice must describe the boats, boat motors, or watercraft by name, model, and identification number. The notice must set forth the assessed value of the boat, the millage, the taxes due on each boat, and the tax year. The notice must be delivered to the county treasurer or official charged with the collection of taxes, who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the boat and, when practical, the auditor shall mail that copy to the owner of the boat. When the tax and all other charges included on the tax bill have been paid, the county treasurer or official charged with the collections of taxes shall issue the taxpayer a paid receipt once all charges on the tax bill including the taxes have been paid. The receipt or a copy may be delivered by the taxpayer to the Department of Natural Resources with either the application for and issuance of number and certificate referenced in Section 50-23-340 or the renewal application for a certificate of number referenced in Section 50-23-370. A record of the
payment of the tax must be retained by the treasurer. The auditor shall maintain a separate duplicate for boats, boat motors, and watercraft. No certificate of number may be issued by the Department of Natural Resources unless the application is accompanied by the receipt, or notice from the county treasurer, by other means satisfactory to the Department of Natural Resources, of payment of the tax.
(B) Tax bills (notices) for county-assessed personal property valued in accordance with applicable Department of Revenue regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period.
Section 12-37-3220. When a boat, boat motor, or watercraft is first taxable in a county, the owner shall make a property tax return prior to submitting the application for and issuance of number and certificate as referenced in Section 50-23-340. The return must be made to the auditor of the county in which the owner resides. The return must be signed under oath and must set forth the county, school district, special or tax district, and municipality in which the boat, boat motor, or watercraft is principally located.
Section 12-37-3230. The county auditor shall determine the assessed value of boats, boat motors, and watercraft and shall calculate the amount of taxes due on the property.
Section 12-37-3240. The provisions of this article do not apply to a boat, boat motor, or watercraft exempt from ad valorem taxation pursuant to Section 12-37-220(B)(38)(a) or classified as a primary or secondary residence pursuant to Section 12-37-224(B)."
SECTION 9. This act takes effect January 1, 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. WHITMIRE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Arrington Atwater Bales
Ballentine Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Clary Clemmons 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 Hart Henderson Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Johnson Jordan King Kirby Knight Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McEachern McGinnis McKnight D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts Pope Putnam S. Rivers Robinson-Simpson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks Wheeler White Whitmire Willis Young Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4182 (Word version) -- Reps. White and Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "STATE INSTITUTION OF HIGHER EDUCATION ENTERPRISE ACT", BY ADDING CHAPTER 157 TO TITLE 59 SO AS TO ALLOW THE BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER EDUCATION TO ESTABLISH BY RESOLUTION AN ENTERPRISE DIVISION AS PART OF THE COLLEGE OR UNIVERSITY, TO PROVIDE THAT CERTAIN ASSETS, PROGRAMS, AND OPERATIONS OF THE INSTITUTION MAY BE TRANSFERRED TO THE ENTERPRISE DIVISION, TO PROVIDE THAT THE ENTERPRISE DIVISION IS EXEMPT FROM VARIOUS STATE LAWS GOVERNING PROCUREMENT, HUMAN RESOURCES, PERSONNEL, AND THE DISPOSITION OF REAL AND PERSONAL PROPERTY, SUBJECT TO CERTAIN EXEMPTIONS, TO PROVIDE THAT BONDS, NOTES, OR OTHER EVIDENCE OF INDEBTEDNESS MAY BE ISSUED FOR THE ENTERPRISE DIVISION, AND TO PROVIDE AUDIT AND REPORTING REQUIREMENTS; AND TO AMEND SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA PROCUREMENT CODE, SO AS TO PROVIDE THAT THE STATE FISCAL ACCOUNTABILITY AUTHORITY MAY EXEMPT AN ENTERPRISE DIVISION IF A DIVISION IS ESTABLISHED PURSUANT TO CHAPTER 157, TITLE 59 IF THE BOARD OF TRUSTEES ADOPTS A PROCUREMENT POLICY FOR THE DIVISION THAT IS APPROVED BY THE AUTHORITY.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4182 (COUNCIL\WAB\4182C002.AGM. WAB18):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-157-110. This chapter may be cited as the 'State Institution of Higher Education Efficiency Act'.
Section 59-157-120. As used in this chapter:
(1) 'Board of trustees' means the board of trustees of an institution defined in item (3).
(2) 'Capital project' means the constructing, improving, equipping, renovating, or repairing of any buildings, structure, facility, or other permanent improvement project; the acquisition of land to construct or establish a building, structure, facility; or a permanent improvement project as defined in Section 2-47-50.
(3) 'Institution' means The Citadel, Clemson University, Coastal Carolina University, College of Charleston, Francis Marion University, Lander University, the Medical University of South Carolina, South Carolina State University, Winthrop University, and the University of South Carolina's main campus in Columbia and its Aiken, Beaufort, and Upstate campuses.
(4) 'Auxiliary activities' means programs and functions primarily related to research, housing, food services, stores, and athletics, with each constituting an auxiliary activity.
(5) 'Auxiliary division' means an operational unit of an institution established pursuant to this chapter. The auxiliary division will be referred to in this chapter as the 'division' or 'auxiliary division'.
(6) 'Procurement' has the same meaning as in Section 11-35-310(24).
(7) 'SCCPC' means the South Carolina Consolidated Procurement Code, as provided in Chapter 35, Title 11, and regulations promulgated pursuant to it.
(8) 'Transferable items' means, collectively, the duties, responsibilities, assets, personnel, and resources of, allocated to, or supporting an auxiliary activity.
Section 59-157-130. (A) A board of trustees, by resolution, may establish auxiliary divisions for its institution.
(B) A division created pursuant to this chapter is a constituent part of its institution.
(C) The resolution creating the division must assign auxiliary activities and the transferable items to that division and may amend that assignment from time to time as the board of trustees considers appropriate.
(D) The division and other non-division activities of the institution may share support resources and allocate cost for shared resources in an appropriate and reasonable manner.
Section 59-157-140. (A) The board of trustees has the same powers, duties, and responsibilities to manage and control the division as it does with other non-division activities of the institution.
(B) Contracts or agreements entered into for division activities including capital projects for the division, and the financing of those capital projects, are exempt from the provisions of Chapter 11, Title 1, Section 10-1-130, Chapter 47, Title 2, and Chapter 103, Title 59.
(C) Notwithstanding another provision of this chapter, any permanent improvement project as defined in Section 2-47-50 which requires the issuance of debt, capital improvement bond funds, state infrastructure bond funds, capital reserve funds or uses of state appropriated funds for its funding must be submitted to the Joint Bond Review Committee for review and comment and to the State Fiscal Accountability Authority for approval.
(D) Division and non-division purposes are allowed for a division capital project as long as the primary purpose of that project is to support the division's activities.
(E)(1) Subject to the provisions of item (2), the board of trustees shall adopt for the auxiliary division a procurement policy and amend the policy as it considers appropriate. Before the implementation of the procurement policy or any amendment, the policy or amendment must be approved by the State Fiscal Accountability Authority. Thereafter, every procurement of the auxiliary division is exempt from the SCCPC, and each procurement instead is subject to the procurement policy adopted by the board.
(2)(a) The procurement policy adopted by the auxiliary division may not include provisions relating to telecommunications, and the auxiliary division is subject to all procurement provisions relating to telecommunications and telecommunications equipment and service as set forth in the SCCPC and Section 1-11-430 unless otherwise exempt by Section 11-35-710(6).
(b) The auxiliary division may not construct, own, or operate a network that carries commercial traffic, commercial internet traffic, or K-12 traffic originated in South Carolina.
(F) The board may retain for the support of the division the services of advisors, consultants, attorneys, accountants, and financial experts, setting their duties and compensation without the necessity of additional approval.
Section 59-157-150. Institutions are exempt from the requirements of Section 2-47-50 for permanent improvement projects which are:
(1) not part of an auxiliary division, where the cost is less than five million dollars for research universities as defined in Section 11-51-30(5) and less than two million dollars for all other institutions
and for which no debt, capital improvement bond funds, capital reserve funds or state appropriated funds, or state infrastructure bond funds are required to fund the project; and
(2) included in the institution's comprehensive permanent improvement plan (CPIP).
Section 59-157-160. (A) The board of trustees annually before September thirtieth shall provide the Governor, the Senate Finance Committee, and the House Ways and Means Committee with a report of:
(1) property acquired or disposed, contracts or agreements entered, and capital projects commenced by the auxiliary divisions during the preceding fiscal year under the authority granted in this chapter; and
(2) capital projects exempt under the provisions of Section 59-157-150 that were commenced under the authority granted in this chapter during the preceding fiscal year.
(B) The board of trustees also shall establish an internal audit function to monitor the activities of the auxiliary division, and annually before September thirtieth report the findings of this audit function from the preceding fiscal year to the Governor, the Senate Finance Committee, and the House Ways and Means Committee.
Section 59-157-170. This chapter may in no way be construed as a waiver of sovereign immunity with respect to the institution including its auxiliary divisions. The tort liability for the institution including its auxiliary divisions must be governed by the South Carolina Tort Claims Act.
Section 59-157-180. Nothing in this chapter may be construed to exempt the auxiliary division from the provisions of Section 59-103-35, relating to the approval of new programs by the Commission on Higher Education, and auxiliary division land transactions, including leases, and permanent improvement projects are the only functions and areas removed from the commission."
SECTION 2. Section 11-35-710 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an auxiliary division, if a division is established pursuant to Chapter 157, Title 59, for which the board of trustees, pursuant to Section 59-157-140(E), has adopted a procurement policy for the division and the procurement policy was approved by the State Fiscal Accountability Authority."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COLE explained the amendment.
Reps. HILL, BENNETT, TAYLOR, G. R. SMITH, MAGNUSON, HIOTT, DANING, KNIGHT and HART requested debate on the Bill.
The following Bill was taken up:
H. 4021 (Word version) -- Rep. Finlay: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT CERTAIN FUEL AND ELECTRICITY USED IN PERISHABLE PREPARED FOOD MANUFACTURING AND TO EXEMPT CERTAIN CLOTHING WORN AT PERISHABLE PREPARED FOOD MANUFACTURING FACILITIES.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4021 (COUNCIL\DG\4021C001.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. A. Section 12-20-20(B) of the 1976 Code is amended to read:
"(B) Unless otherwise provided, corporations shall file an annual report on a form prescribed by the department on or before the date for filing the income tax return as provided in Section 12-6-4970. Any other entity subject to a license fee in this chapter must file an annual report on or before the fifteenth day of the fourth month following the close of the taxable year."
B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after 2017.
SECTION 3. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) incontinence supplies and related home medical supplies:
(a) as defined under federal and state Medicaid or Medicare laws;
(b) which is paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax; and
(c) sold by a person engaged in the business of selling such equipment and supplies at retail who holds a South Carolina retail sales license."
SECTION 4. A. Section 12-43-335(A) of the 1976 Code is amended by adding appropriately numbered items to read:
"(7) Sector 11, subsectors 111, 112, 113, 114, and 115, unless exempt;
(8) Sector 52, subsectors 522, 523, 524, and 525; Sector 53, subsectors 531 and 533; and Sector 55, subsector 551, unless exempt;
(9) Sector 51, subsector 512; Sector 54, subsector 541; Sector 61, subsector 611; Sector 62, subsectors 621, 622, 623, and 624; Sector 71, subsector 712; Sector 72, subsector 721; and Sector 81, subsectors 813 and 814, unless exempt."
B. Section 12-39-70 of the 1976 Code is repealed.
C. This SECTION takes effect upon approval by the Governor and applies to property tax returns due after December 31, 2018.
SECTION 5. A Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-265. Notwithstanding any other provision of law, the department may submit to a financial institution, as defined in Section 63-17-2310(A)(2), information that identifies a debtor named on a warrant for distraint that has been issued and filed by the department or whose debt has been submitted to the department for collection under the provisions of Section 12-4-580. For purposes of debts named on warrants for distraint, the debt must be at least one hundred eighty days old from the date of assessment. The department may submit the information to the financial institution on a quarterly basis or, with the agreement of the financial institution, on a more frequent basis. A financial institution that receives the information must conduct a data match. The financial institution must then provide to the department, in a manner and form prescribed by the department, information concerning the debtor for purposes of collecting outstanding debts. The
information provided to the department must include, but is not limited to, the information required pursuant to Section 63-17-2320(A). The financial institution must be paid a reasonable fee out of the collected funds not to exceed actual cost."
B. This SECTION takes effect upon approval by the Governor.
SECTION 6. Except where provided otherwise, this act takes effect January 1, 2019. /
Renumber sections to conform.
Amend title to conform.
Rep. FINLAY explained the amendment.
The amendment was then adopted.
Rep. FINLAY proposed the following Amendment No. 2 to H. 4021 (COUNCIL\DG\4021C004.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) incontinence supplies and related home medical supplies:
(i) as defined under federal and state Medicaid or Medicare laws;
(ii) which are paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax; and
(iii) sold by a person engaged in the business of selling such equipment and supplies at retail who holds a South Carolina retail sales license.
(b) This exemption only applies to sales to individuals and does not apply to sales to hospitals, infirmaries, nursing homes, and similar institutions, and medical doctors, dentists, and other medical professionals." /
Amend the bill further, by striking Section 4.C. and inserting:
/ C. This SECTION takes effect upon approval by the Governor and applies to property tax returns due after December 31, 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. FINLAY 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 Anderson Atkinson Atwater Bales Ballentine Bannister Bernstein Blackwell Brawley Brown Bryant Burns Chumley Clary Clyburn Cobb-Hunter Cole Delleney Dillard Elliott Erickson Finlay Gilliard Govan Hamilton Hart Henderson-Myers Hewitt Hosey Howard Huggins King Kirby Loftis Long Lowe Lucas Martin McCoy McCravy McEachern McGinnis McKnight V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pitts M. Rivers S. Rivers Robinson-Simpson Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis West Young
Those who voted in the negative are:
Allison Arrington Bennett Bradley Caskey Collins Crosby Daning Davis Duckworth Felder Forrest Forrester Fry Funderburk Gagnon Henderson Hill Hiott Jordan Knight Mace Magnuson D. C. Moss Putnam Tallon Thayer
Trantham Weeks Wheeler Whitmire Willis Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5163 (Word version) -- Reps. Loftis, G. R. Smith, Burns, Chumley, Elliott, Stringer and Trantham: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2018 GENERAL ELECTION TO DETERMINE WHETHER THE QUALIFIED ELECTORS OF GREENVILLE COUNTY FAVOR THE GREENVILLE HEALTH SYSTEM BEING GOVERNED BY A BOARD OF DIRECTORS NOMINATED AND APPOINTED BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION AND TO DETERMINE WHETHER THE QUALIFIED ELECTORS OF GREENVILLE COUNTY FAVOR AGREEMENTS BY THE GREENVILLE HEALTH SYSTEM TO LEASE ITS ASSETS TO A PRIVATE ENTITY FOR UP TO ONE HUNDRED YEARS FOR ONE DOLLAR A YEAR BEING DEEMED NULL AND VOID.
Reps. BANNISTER, HIOTT, ANDERSON, ELLIOTT, HENDERSON, MCCOY, CROSBY, ALLISON, SANDIFER, DILLARD, TALLON, HAMILTON, COBB-HUNTER, OTT and COLLINS requested debate on the Joint Resolution.
Rep. KNIGHT moved that the House do now adjourn, which was agreed to.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 3, 2018, at 3:40 p.m. and the following Acts were ratified:
(R. 152, H. 3442 (Word version)) -- Reps. Delleney, Felder, Pope, Martin, Norrell, B. Newton, Simrill, Norman, Thayer, Putnam, Clary, Hamilton, Yow, W. Newton, Kirby, Erickson, Knight, Hixon, Elliott, Henderson,
Bedingfield, V.S. Moss, Wheeler, Ballentine, King, Henegan and West: AN ACT TO AMEND SECTION 63-9-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUALS WHO MAY ADOPT A CHILD, SO AS TO ADD CIRCUMSTANCES UNDER WHICH A NONRESIDENT MAY ADOPT AND TO PROVIDE FOR THE RIGHT TO FILE A PETITION FOR ADOPTION WITHOUT REGARD TO WHOM HAS CUSTODY OF THE CHILD; TO AMEND SECTIONS 63-9-750 AND 63-9-1110, RELATING TO ADOPTION HEARINGS AND STEPPARENT OR RELATIVE ADOPTIONS, RESPECTIVELY, SO AS TO MAKE CONFORMING CHANGES; AND BY ADDING SECTION 63-9-370 SO AS TO ADDRESS THE RIGHT TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES.
(R. 153, H. 3513 (Word version)) -- Reps. Anthony and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO PROVIDE RETIRED EDUCATOR TEACHING CERTIFICATES TO ENABLE RETIRED EDUCATORS TO MAINTAIN ELIGIBLE CERTIFICATION FOR THE PURPOSE OF SUBSTITUTE TEACHING, TO PROVIDE ELIGIBILITY REQUIREMENTS, TO PROVIDE PROCEDURES FOR OBTAINING AND RENEWING CERTIFICATION, TO PROVIDE CERTIFICATION IS INVALIDATED UPON ISSUANCE OF OTHER EDUCATOR CERTIFICATION IN THIS STATE, TO PROVIDE RETIRED EDUCATOR TEACHING CERTIFICATE HOLDERS ARE NOT EXEMPT FROM DISTRICT PROFESSIONAL DEVELOPMENT REQUIREMENTS BY THE PROVISIONS OF THIS ACT, AND TO PROVIDE THE STATE BOARD OF EDUCATION SHALL PROMULGATE RELATED REGULATIONS.
(R. 154, H. 3701 (Word version)) -- Reps. Putnam, Whipper, Brown, Knight, Henegan and Henderson-Myers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-735 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO INFORM A RELATIVE WITH WHOM A CHILD MAY BE PLACED OF THE OPPORTUNITY TO BE LICENSED AS A FOSTER PARENT, INCLUDING THE LICENSURE PROCESS AND BENEFITS OF BEING LICENSED AS A FOSTER PARENT, AND TO REQUIRE THE COURT TO MAKE CERTAIN FINDINGS BEFORE SIGNING AN ORDER APPROVING PLACEMENT OF A CHILD WITH A RELATIVE WHO IS NOT A LICENSED FOSTER
PARENT; TO AMEND SECTION 63-7-650, RELATING IN PART TO THE DEPARTMENT MAKING AN INTERIM PLACEMENT OF A CHILD WITH A RELATIVE INSTEAD OF TAKING CUSTODY OF A CHILD, SO AS TO REQUIRE THE DEPARTMENT TO EXPLAIN TO THE RELATIVE ABOUT THE OPPORTUNITY TO BECOME LICENSED AS A KINSHIP FOSTER PARENT IF THE CHILD IS UNABLE TO RETURN HOME; TO AMEND SECTION 63-7-2320, RELATING TO THE KINSHIP FOSTER PROGRAM, SO AS TO ALLOW THE DEPARTMENT TO WAIVE CERTAIN NONSAFETY LICENSURE REQUIREMENTS WHEN LICENSING A RELATIVE AS A FOSTER PARENT AND TO INDICATE THE PREFERENCE FOR PLACING A CHILD WITH A RELATIVE; TO AMEND SECTION 63-7-2330, RELATING TO PLACEMENT OF A CHILD WITH A RELATIVE AS PART OF A REMOVAL ACTION, SO AS TO REQUIRE THE DEPARTMENT TO INFORM THE RELATIVE OF THE OPPORTUNITY TO BE LICENSED AS A FOSTER PARENT, INCLUDING THE LICENSURE PROCESS AND BENEFITS OF BEING SO LICENSED; TO AMEND SECTION 63-7-2350, RELATING TO RESTRICTIONS ON FOSTER CARE PLACEMENTS, SO AS TO CLARIFY THE PROCESS THE DEPARTMENT MUST FOLLOW TO DETERMINE WHETHER A PERSON HAS COMMITTED A CRIME THAT MAKES THE PERSON INELIGIBLE TO BE A FOSTER PARENT; TO AMEND SECTION 43-1-210, RELATING TO DEPARTMENT REPORTING REQUIREMENTS, SO AS TO REQUIRE REPORTING OF KINSHIP CARE DATA; AND TO AMEND SECTION 63-7-20, RELATING TO TERMS DEFINED IN THE CHILDREN'S CODE, SO AS TO CHANGE THE DEFINITION OF CHILD ABUSE OR NEGLECT TO INCLUDE CHILD TRAFFICKING IN CERTAIN CIRCUMSTANCES.
(R. 155, H. 4729 (Word version)) -- Reps. Delleney, Yow, McCravy, Finlay, Spires, Loftis, G.R. Smith, Norrell, Funderburk, Huggins, Magnuson, Hewitt, Cobb-Hunter, Jordan, Clary, Johnson, Bennett, Martin, Bernstein, W. Newton, Fry, G.M. Smith, Caskey, Long, Burns, Chumley, Bannister, Trantham, Bryant, Duckworth, Elliott, Forrest, Hayes, Henderson, Henegan, Herbkersman, Hiott, McCoy, D.C. Moss, Pitts, Pope, Simrill, J.E. Smith, Tallon, Toole, Wheeler, White, Willis and King: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-141 SO AS TO PROHIBIT THE DEPARTMENT OF REVENUE FROM ISSUING
MORE THAN THREE RETAIL DEALER LICENSES TO ONE LICENSEE AND PROVIDE THAT A LICENSEE MAY BE ISSUED ADDITIONAL LICENSES UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 61-6-151 SO AS TO PROHIBIT A LICENSEE FROM HAVING AN INTEREST IN A RETAIL LIQUOR STORE OTHER THAN THE STORES COVERED BY HIS RETAIL DEALER'S LICENSE; TO AMEND SECTION 61-6-1636, RELATING TO THE SALE OF ALCOHOLIC LIQUOR BY THE DRINK, SO AS TO ALLOW A LICENSED WHOLESALER TO DELIVER NEW ALCOHOLIC LIQUOR TO A PERSON LICENSED TO SELL ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION UNDER CERTAIN CIRCUMSTANCES AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE FIRST BILL OF LADING; AND TO ESTABLISH A SCHEDULE FOR THE INCREMENTAL INCREASE OF RETAIL LICENSES THAT MAY BE ISSUED TO ONE LICENSEE.
(R. 156, H. 4868 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTION 9-4-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUDIT OF THE PUBLIC EMPLOYEE BENEFIT AUTHORITY, SO AS TO CHANGE THE DATE THE AUDIT MUST BE COMPLETED.
(R. 157, H. 4869 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTIONS 9-1-1650, 9-9-70, 9-9-100, 9-11-110, AND 9-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN AMOUNTS TO BE PAID UPON TERMINATION OF EMPLOYMENT, OPTIONAL FORMS OF ALLOWANCE, CERTAIN PAYMENTS ON DEATH OF A MEMBER OR BENEFICIARY, CERTAIN LUMP-SUM PAYMENTS TO BE PAID IN THE EVENT OF DEATH, AND THE SUPPLEMENTAL ALLOWANCE PROGRAM, RESPECTIVELY, ALL SO AS TO REMOVE CERTAIN NOTARIZATION REQUIREMENTS.
(R. 158, H. 4870 (Word version)) -- Reps. B. Newton, Norrell, Yow and Lucas: AN ACT TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD ONE PRECINCT, AND REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND
AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
(R. 159, H. 4968 (Word version)) -- Reps. Hiott, Clary and Collins: AN ACT TO AMEND ACT 489 OF 1998, RELATING TO THE ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER, SO AS TO REVISE THE PROCEDURE FOR FILLING A VACANCY IN THE OFFICE OF PICKENS COUNTY VETERANS AFFAIRS OFFICER; TO DESIGNATE THE OFFICE OF THE PICKENS COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AS THE POLLING LOCATION FOR THE ELECTION; TO ESTABLISH A VOTING PERIOD DURING THE BOARD'S NORMAL HOURS OF OPERATION IN WHICH TO CONDUCT THE ELECTION, TO AUTHORIZE ABSENTEE VOTING, AND TO SPECIFY WHEN THE BOARD OF VOTER REGISTRATION AND ELECTIONS OF PICKENS COUNTY SHALL MEET TO CERTIFY RESULTS.
(R. 160, H. 4981 (Word version)) -- Reps. Simrill, Felder and Bryant: AN ACT TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO ADD ONE PRECINCT, TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE, AND TO CORRECT OUTDATED REFERENCES TO THE REVENUE AND FISCAL AFFAIRS OFFICE.
The Senate returned to the House with concurrence the following:
H. 5169 (Word version) -- Reps. J. E. Smith, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan,
Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO DECLARE APRIL 2018 AS THE "MONTH OF THE MILITARY CHILD" IN SOUTH CAROLINA AND TO ENCOURAGE SOUTH CAROLINA'S CONTINUED COMMITMENT AND SUPPORT FOR MILITARY CHILDREN LIVING IN SOUTH CAROLINA.
At 5:27 p.m. the House, in accordance with the motion of Rep. G. M. SMITH, adjourned in memory of William Allen "Al" Newman, to meet at 10:00 a.m. tomorrow.
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