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


Printed Page 963 . . . . . Wednesday, January 24, 2018

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Nahum 2:7: "The Lord is good, a stronghold in a day of trouble; He protects those who take refuge in Him."

Let us pray. We offer our thanks and praise to You, O Lord, for the many blessings you bestow upon these Representatives and staff. We are grateful for Your love and the protection You provide these men and women. Give them courage and strength to carry the work for the people of this State. Bless our Nation, President, State, Governor, Speaker, staff, and all who support this great cause. Protect our defenders of freedom and first responders who protect us. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

COMMUNICATION

The following was received:

State of South Carolina
Office of the Governor

January 17, 2018
The Honorable James H. Lucas
Speaker of the House of Representatives
506 Blatt Building
Columbia, South Carolina 29201


Printed Page 964 . . . . . Wednesday, January 24, 2018

Dear Mr. Speaker,

I am hereby transmitting my formal appointment of Robert T. Bockman, Esquire, of Columbia, to serve as a member of the Public Service Commission representing the Sixth Congressional District. The present appointment is made pursuant to Section 58-3-20(F) of the South Carolina Code of Laws and is therefore submitted for consideration by the General Assembly.

For ease of reference, enclosed herewith please find pervious correspondence dated November 6, 2017, reflecting my interim appointment of Commissioner Bockman in accordance with Section 58-3-20(F) of the South Carolina Code of Laws.

Yours very truly,
Henry McMaster
Governor

Received as information.

INVITATIONS

On motion of Rep. KIRBY, with unanimous consent, the following were taken up for immediate consideration and accepted:

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of the Foundation for the South Carolina Commission for the Blind the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, February 1, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Mary Sonksen
Foundation for the South Carolina Commission for the Blind


Printed Page 965 . . . . . Wednesday, January 24, 2018

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of the Municipal Association of South Carolina the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, February 6, 2018, from 6:00 p.m.-8:00 p.m. at the Marriott.

Sincerely,
Ken Ivey, Conference Manager
Municipal Association of South Carolina

January 16, 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 Progressive Network Education Fund the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, February 6, 2018, from 7:00 p.m.-9:00 p.m. at the USC Law School, auditorium.

Sincerely,
Brett Bursey, Executive Director
South Carolina Progressive Network Education Fund

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Coalition for Access to Healthcare the Members of the House of Representatives and staff are invited to a Legislative Breakfast.


Printed Page 966 . . . . . Wednesday, January 24, 2018

This event will be held on Wednesday, February 7, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Wendy Holmquist
Coalition for Access to Healthcare

January 16, 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 Association for community Economic Development the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, February 7, 2018, from 12:00 p.m.-2:00 p.m. in Room 112, Blatt Building.

Sincerely,
Charlotte W. Grant, Executive assistant
South Carolina Association for Community Economic Development

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of City of Columbia and the Columbia Museum of Art the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, February 7, 2018, from 6:00 p.m.-8:00 p.m. at the Columbia Museum of Art.

Sincerely,
Ray Borders Gray
Special Projects Administrator
Governmental Affairs and Community Relations
City of Columbia


Printed Page 967 . . . . . Wednesday, January 24, 2018

January 16, 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 Water Works Association Water Utility Council the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, February 8, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Jeffrey Scott Willett, Chairman
SCAWWA Water Utility Council

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Electric Cooperatives of South Carolina the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, February 13, 2018, from 6:00 p.m.-8:00 p.m. at the Columbia Convention Center.

Sincerely,
Mike Couick, President and CEO
Electric Cooperatives of South Carolina

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 968 . . . . . Wednesday, January 24, 2018

Dear Chairman Bales:

On behalf of South Carolina Brewers Guild the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, February 13, 2018, from 7:00 p.m.-9:00 p.m. at River Rat Brewery, 1231 Shop Road.

Sincerely,
Sally
South Carolina Brewers Guild

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Independent Banks of South Carolina the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Tuesday, February 14, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Amber Barnes
Independent Banks of South Carolina

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of SC Optometric Physicians Association the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Tuesday, February 14, 2018, from 12:00 p.m.-2:00 p.m. at the Palmetto Club.

Sincerely,
Jackie Rivers


Printed Page 969 . . . . . Wednesday, January 24, 2018

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of AARP South Carolina the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, February 15, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Coretta Bedsole
Associate State Director- Advocate
AARP South Carolina

January 16, 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 Department of Natural Resources the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Tuesday, February 20, 2018, from 6:00 p.m.-8:00 p.m. at the State Fairgrounds, Moore Building.

Sincerely,
Alvin A. Taylor, Director
SC Department of Natural Resources

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201


Printed Page 970 . . . . . Wednesday, January 24, 2018

Dear Chairman Bales:

On behalf of South Carolina Association of Probate Judges the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, February 21, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Carolyn W. Rogers, Judge
York County Probate Court

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of United Way Association of South Carolina the Members of the House of Representatives and staff are invited to a Legislative Luncheon. This event will be held on Wednesday, February 21, 2018, from 12:00 p.m.-2:00 p.m. in Room 112, Blatt Building.

Sincerely,
Lenza Hoose
United Way Association of South Carolina

January 16, 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 Association of Counties the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, February 21, 2018, from 6:00 p.m.-8:00 p.m. at the Palmetto Club.

Sincerely,
Michael B. Cone
Executive Director, SCAC


Printed Page 971 . . . . . Wednesday, January 24, 2018

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Myrtle Beach Area Chamber of Commerce the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, February 21, 2018, from 7:00 p.m.-9:00 p.m. at the Columbia Convention Center.

Sincerely,
Brad Dean, President and CEO
Myrtle Beach Area Chamber of Commerce

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of the SC Conservation Coalition the Members of the House of Representatives and staff are invited to a Legislative Breakfast. This event will be held on Thursday, February 22, 2018, from 8:00 a.m.-10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Rebecca Haynes
Deputy Director

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Clemson University the Members of the House of Representatives and staff are invited to a Legislative Reception. This


Printed Page 972 . . . . . Wednesday, January 24, 2018

event will be held on Tuesday, February 27, 2018, from 6:00 p.m.-8:00 p.m. at the Hall at Senate's End.

Sincerely,
James P. Clements, Ph.D.
President, Clemson University

January 16, 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 Catholic Conference and Diocese of Charleston the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, February 28, 2018, from 8:00 a.m.-10:00 a.m. on the State House Grounds.

Sincerely,
Michael Acquilano
South Carolina Catholic Conference

January 16, 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 Baptist Convention the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, February 28, 2018, from 12:00 p.m.-2:00 p.m. on the State House Grounds.

Sincerely,
Diane Cockrell
Office of Public Policy
South Carolina Baptist Convention


Printed Page 973 . . . . . Wednesday, January 24, 2018

January 16, 2018
The Honorable Jimmy Bales
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Bales:

On behalf of Richland County Government the Members of the House of Representatives and staff are invited to a Legislative Reception. This event will be held on Wednesday, February 28, 2018, from 6:00 p.m.-8:00 p.m. at the Columbia Museum of Art.

Sincerely,
Kim W. Roberts
Assistant Clerk to Council
Richland County Council

January 16, 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 State Alumni Association the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Wednesday, February 28, 2018, from 7:00 p.m.-9:00 p.m. at the Palmetto Club.

Sincerely,
Heather Smith
South Carolina State Alumni Association

REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received and referred to the appropriate committee for consideration:

Document No. 4729
Agency: Commission on Higher Education
Chapter: 62
Statutory Authority: 1976 Code Section 59-112-100


Printed Page 974 . . . . . Wednesday, January 24, 2018

Determination of Rates of Tuition and Fees
Received by Speaker of the House of Representatives January 13, 2017
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration January 10, 2018
Regulations and Administrative Procedures

01/13/2017           Received by Lt. Gov & Speaker         01/10/2018
H   01/17/2017   Referred to Committee
S   01/17/2017   Referred to Committee

02/06/2017   Scrivener's Error (Correction to

the Statutory Authority)
S   03/08/2017   Committee Requested Withdrawal

120 Day Period Tolled
-   03/10/2017   Withdrawn and     Resubmitted   01/12/2018
H   05/03/2017   Resolution Introduced to Approve   4250
S   05/10/2017   Committee Requested Withdrawal

120 Day Period Tolled
-   01/24/2018   Withdrawn and     Resubmitted   02/13/2018

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 23, 2018
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto No. 29 by the Governor on R. 128, H. 3720 was sustained and has overridden the Veto by a vote of 29 to 9.

Veto 29   Part lB, Page 374, Section 49, Department of Parks, Recreation and Tourism - Proviso 49.18, PRT: Horry County Museum

Very respectfully,
President
Received as information.


Printed Page 975 . . . . . Wednesday, January 24, 2018

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 23, 2018
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby Veto No. 28 by the Governor on R. 128, H. 3720 was sustained and has overridden the Veto by a vote of 39 to 2.

Veto 28   Part lB, Page 356, Section 34, Department of Health and Environmental Control - Proviso 34.59, DHEC: Alida Street Project

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., January 23, 2018
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden Veto No. 13 by the Governor on R. 128, H. 3720 (Word version), by a vote of 39 to 1.

Veto 13   Part lB, Page 405, Section 81, Department of Labor, Licensing and Regulation - Proviso 81.13, LLR: Amusement Park Rides

Very respectfully,
President
Received as information.

ACTING SPEAKER OTT IN CHAIR

MOTION ADOPTED

Rep. WHEELER moved that when the House adjourns, it adjourn in memory of former Representative Isaac C. Joe, which was agreed to.


Printed Page 976 . . . . . Wednesday, January 24, 2018

SILENT PRAYER

The House stood in silent prayer for the families of the Benton, Kentucky school shooting victims and their families.

SPEAKER IN CHAIR

HOUSE RESOLUTION

The following was introduced:

H. 4658 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO DESIGNATE THE WEEK OF JANUARY 21 THROUGH JANUARY 27, 2018, AS "NATIONAL SCHOOL CHOICE WEEK IN SOUTH CAROLINA" AND TO CONGRATULATE STUDENTS, PARENTS, TEACHERS, AND SCHOOL LEADERS FROM K-12 EDUCATIONAL ENVIRONMENTS OF ALL VARIETIES FOR THEIR PERSISTENCE, ACHIEVEMENTS, DEDICATION, AND CONTRIBUTIONS TO THEIR COMMUNITIES IN SOUTH CAROLINA.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4659 (Word version) -- Reps. Forrester, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, 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, 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


Printed Page 977 . . . . . Wednesday, January 24, 2018

Yow: A HOUSE RESOLUTION TO RECOGNIZE THAYER HALL OF SPARTANBURG COUNTY FOR HER PERSEVERANCE AND HARD WORK, AND TO COMMEND HER FOR EARNING THE PRESTIGIOUS HONOR OF GATORADE NATIONAL PLAYER OF THE YEAR.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4660 (Word version) -- Reps. Knight, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, 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, 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 JOHN A. MEANS ON CELEBRATING HIS NINETY-NINTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS IN THE DAYS AND YEARS AHEAD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4661 (Word version) -- Reps. Knight, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley,


Printed Page 978 . . . . . Wednesday, January 24, 2018

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, 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 DAVID COLEMAN SOJOURNER, OF DORCHESTER COUNTY, ON THE OCCASION OF HIS NINETIETH BIRTHDAY ON NOVEMBER 19, 2017, AND TO COMMEND HIM FOR A LIFE DEDICATED TO THE SERVICE OF OTHERS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4662 (Word version) -- Reps. Taylor, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, 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, Thayer, Thigpen, Toole,


Printed Page 979 . . . . . Wednesday, January 24, 2018

Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOHN W. OSTEEN OF AIKEN COUNTY FOR HIS LIFELONG DEDICATION TO THE PRESERVATION OF THE HISTORY OF SOUTH CAROLINA FOR FUTURE GENERATIONS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4663 (Word version) -- Reps. Taylor, Hixon, Clyburn, Young, Blackwell, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, 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, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE, HONOR, AND REMEMBER ROBERT SPENCE "SKIPPER" PERRY, JR., OF AIKEN, FOR HIS LIFELONG SERVICE AND COMMITMENT TO BOTH THE PEOPLE AND THE STATE OF SOUTH CAROLINA AS A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IN MANY OTHER CAPACITIES.

Whereas, the members of the House of Representatives of the State of South Carolina deem it altogether fitting and proper to pause in their deliberations to honor a revered member of their body, Robert Spence "Skipper" Perry, Jr., a man who has dedicated himself to the public good and to those unable to help themselves both through his work in elected office and in his daily life; and


Printed Page 980 . . . . . Wednesday, January 24, 2018

Whereas, Skipper Perry was elected to the South Carolina House of Representatives in 1999 and served the citizens of District 81 for ten years. In the House of Representatives, Mr. Perry was a member of the Rules Committee; the Labor, Commerce, and Industry Committee; the Subcommittee on Insurance; and the Subcommittee on Public Utilities; and

Whereas, as a member of the House of Representatives for the Palmetto State, he was visible as an advocate for sidewalk access for handicapped citizens and even used his Segway scooter with permission inside the State House; and

Whereas, Mr. Perry received many honors throughout his life, including Sertoman of the Year, the Order of the Palmetto, and "2017 Man of the Year" from the Greater Aiken Chamber of Commerce; and

Whereas, in addition to his service in the House of Representatives, he served his community in Aiken County as president and member of the Aiken Sertoma Club, president and chairman of the United Way of Aiken County, founding member and chairman of the Tri Development Center, founding member of the Historic Aiken Foundation, president of the Aiken Symphony Guild, vice president of the Aiken Center for the Arts, Mayor Pro Tempore for the City of Aiken, member of the Aiken City Council, president of the Mended Hearts of Aiken, chairman of the Adult Development Center, Chairman of the Heart Walk, president of the Pinecrest Elementary PTA, chairman of the Palmetto Amateur Golf Tournament, president of the Aiken Jaycees, member of the American Legion Post 26, and many positions within the Aiken County and South Carolina Republican Party leadership; and

Whereas, Mr. Perry was also the announcer for the Aiken Polo Club for many years, and his distinctive voice will be well remembered in his hometown; and

Whereas, Mr. Perry was the son of the late Robert Spence Perry, Sr. and May Seigler Perry of Aiken. He is survived by his wife, Anne Straus; son, Stanley, and his wife Meg; son, Richard, and his wife Kristin; and four grandchildren; and

Whereas, the historic wooden bridges on York Street in Aiken have been named in his honor. The newly erected wood and steel structures will serve the traveling public for many years to come as a fitting and


Printed Page 981 . . . . . Wednesday, January 24, 2018

proper tribute to the accomplishments and public service of this son of South Carolina; and

Whereas, the members of the South Carolina House of Representatives express their sorrow at the loss of so great a man and extend their sincerest condolences to his family and friends. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, recognize, honor, and remember Robert Spence "Skipper" Perry, Jr., of Aiken, for his lifelong service and commitment to both the people and the State of South Carolina as a former member of the South Carolina House of Representatives and in many other capacities.

Be it further resolved that a copy of this resolution be presented to the family of Robert Spence "Skipper" Perry, Jr.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4664 (Word version) -- Reps. Burns, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, 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,


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Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MAYOR DANNY WAYNE MCCALL OF TRAVELERS REST UPON THE OCCASION OF HIS RETIREMENT FROM THE POSITION OF MAYOR ON DECEMBER 31, 2017, AFTER EIGHT YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4665 (Word version) -- Reps. Pope, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, 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, 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 COMMEND AND SUPPORT THE REPUBLIC OF CHINA (TAIWAN) FOR ITS RELATIONS WITH THE UNITED STATES AND FOR OTHER PURPOSES.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4666 (Word version) -- Reps. Sandifer, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister,


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Bedingfield, 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, 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 COMMEND JAMES HAROLD GOLDIN OF COLUMBIA FOR HIS SIX YEARS OF DISTINGUISHED SERVICE TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4667 (Word version) -- Reps. G. M. Smith, Weeks, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, 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. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer,


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Thigpen, Toole, Trantham, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR CHARLES LEMMON "FLOP" SHAW, OF SUMTER COUNTY, AND TO OFFER THE SINCEREST CONDOLENCES TO HIS LARGE, LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4668 (Word version) -- Reps. Hewitt, Anderson, Alexander, Allison, 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, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF BATTALION CHIEF JOSHUA CARNEY OF HORRY COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 4669 (Word version) -- Reps. Clemmons, Weeks, Erickson, Crawford, Hiott, Forrester, G. R. Smith, Bernstein, Bennett, Rutherford, Douglas, Felder, Funderburk, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crosby, Daning, Davis, Delleney, Dillard, Duckworth, Elliott, Finlay, Forrest, Fry, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, 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, Sandifer, Simrill, G. M. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE SEVENTIETH ANNIVERSARY OF THE FOUNDING OF THE MODERN STATE OF ISRAEL AND TO REAFFIRM THE BONDS OF CLOSE FRIENDSHIP AND COOPERATION BETWEEN THE STATE OF SOUTH CAROLINA AND ISRAEL.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 902 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE ST. PAUL UNITED METHODIST CHURCH UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY, TO RECOGNIZE AND HONOR THE CHURCH FOR ITS DEEP HERITAGE IN CAMDEN, AND TO COMMEND ITS LEADERSHIP AND CONGREGATION FOR THEIR MANY YEARS OF SERVICE TO THE COMMUNITY.

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 904 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO CONGRATULATE THE LIMESTONE COLLEGE MEN'S LACROSSE TEAM AND COACHES FOR AN EXTRAORDINARY SEASON AND FOR WINNING THE 2017 NCAA DIVISION II NATIONAL CHAMPIONSHIP TITLE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 905 (Word version) -- Senator J. Matthews: A CONCURRENT RESOLUTION TO REMEMBER AND CELEBRATE THE LIFE OF DR. BENJAMIN FRANKLIN PAYTON AND TO HONOR HIS SIGNIFICANT CONTRIBUTIONS TO ACADEMIA.

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

INTRODUCTION OF BILLS

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

H. 4670 (Word version) -- Reps. Chumley, Long, Atkinson, Henegan, Burns, Allison, Martin, Magnuson, Loftis, McCravy, B. Newton, Bryant, Forrester, Toole, Bennett, Cobb-Hunter, Elliott, McGinnis, Spires, Daning, Crosby, West, Anthony, Arrington, Robinson-Simpson, Funderburk, V. S. Moss, Kirby, Taylor, G. R. Smith, Huggins, Duckworth, Forrest, Hamilton, Hardee, Hayes, Henderson, Henderson-Myers, Hixon, Norrell, Parks, Pendarvis, Pitts, Pope, Putnam, Rutherford, Tallon, Thayer, Wheeler and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 13, TITLE 24 SO AS TO ESTABLISH A STATE WORK PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS.
Referred to Committee on Judiciary

H. 4671 (Word version) -- Reps. Elliott, Bryant and Pope: A BILL TO AMEND SECTION 12-21-6000, CODE OF LAWS OF SOUTH CAROLINA,


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1976, RELATING TO THE PENALTIES FOR VIOLATING THE MARIJUANA AND CONTROLLED SUBSTANCES TAX ACT, SO AS TO PROVIDE THAT A CONVICTION OF A DEALER IS NOT REQUIRED FOR THE DEPARTMENT TO LEVY THE TAX; TO AMEND SECTION 12-21-6050, RELATING TO THE DISTRIBUTION OF TAX PROCEEDS FROM THE MARIJUANA AND CONTROLLED SUBSTANCES TAX, SO AS TO PROVIDE THAT SEVENTY-FIVE PERCENT OF THE FUNDS MUST BE DISTRIBUTED TO THE STATE OR LOCAL LAW ENFORCEMENT AGENCY THAT CONDUCTED THE INVESTIGATION OF A DEALER THAT LED TO THE ASSESSMENT.
Referred to Committee on Judiciary

H. 4672 (Word version) -- Reps. Elliott, B. Newton, Allison, Felder, Bryant, Putnam, Martin, Arrington, Thigpen, Gagnon, Thayer, Douglas and Govan: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VISION SCREENING REQUIRED FOR ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT VISION SCREENING IS REQUIRED UPON RENEWAL OF A LICENSE, AND TO PROVIDE THAT A CERTIFICATE OF VISION EXAMINATION FORM MUST BE EXECUTED BY THE CERTIFYING OPHTHALMOLOGIST OR OPTOMETRIST.
Referred to Committee on Education and Public Works

H. 4673 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 62-2-507, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OF CERTAIN BENEFICIARY DESIGNATIONS BY DIVORCE, ANNULMENT, OR AN ORDER TERMINATING MARITAL PROPERTY RIGHTS, SO AS TO EXEMPT BENEFICIARY DESIGNATIONS UNDER EMPLOYEE BENEFIT PLANS ADMINISTERED BY THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY.
Referred to Committee on Judiciary

H. 4674 (Word version) -- Reps. G. M. Smith and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 11, TITLE 63 SO AS TO ESTABLISH THE DEPARTMENT OF CHILDREN'S SERVICES AND TO PROVIDE FOR THE DEPARTMENT'S POWERS, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 63-11-1310, AS


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AMENDED, RELATING TO THE PURPOSE OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO PROVIDE THAT THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN SHALL BE A DIVISION OF THE DEPARTMENT OF CHILDREN'S SERVICES; TO AMEND SECTION 63-11-1340, AS AMENDED, RELATING TO THE DIRECTOR OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO PROVIDE FOR THE APPOINTMENT OF A DIVISION DIRECTOR OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN; TO AMEND SECTION 63-11-1360, AS AMENDED, RELATING TO THE ANNUAL REPORT OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO PROVIDE THAT THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN SHALL MAKE ANNUAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 63-11-1510, AS AMENDED, RELATING TO THE INTERAGENCY SYSTEM FOR CARING FOR EMOTIONALLY DISTURBED CHILDREN, SO AS TO CONFORM WITH THE TRANSFER OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN TO THE DEPARTMENT OF CHILDREN'S SERVICES; TO AMEND SECTION 63-11-700, AS AMENDED, RELATING TO THE FOSTER CARE REVIEW BOARD, SO AS TO PROVIDE THAT THE FOSTER CARE REVIEW BOARD SHALL BE A DIVISION OF THE DEPARTMENT OF CHILDREN'S SERVICES; TO AMEND SECTION 63-11-730, AS AMENDED, RELATING TO BACKGROUND CHECKS FOR EMPLOYEES AND BOARD MEMBERS, SO AS TO CONFORM WITH THE TRANSFER OF THE FOSTER CARE REVIEW BOARD TO THE DEPARTMENT OF CHILDREN'S SERVICES; TO AMEND SECTION 63-11-500, AS AMENDED, RELATING TO THE CASS ELIAS MCCARTER GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM SHALL BE A DIVISION OF THE DEPARTMENT OF CHILDREN'S SERVICES; BY ADDING SECTION 13-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF COMMERCE SHALL ADMINISTER THE OFFICE OF ECONOMIC OPPORTUNITY; TO AMEND SECTION 11-35-5270, AS AMENDED, RELATING TO THE DIVISION OF SMALL AND MINORITY BUSINESS CONTRACTING AND CERTIFICATION, SO AS TO PROVIDE THAT THE DIVISION MUST BE


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ESTABLISHED WITHIN THE STATE FISCAL ACCOUNTABILITY AUTHORITY; TO AMEND SECTION 1-11-10, AS AMENDED, RELATING TO THE DEPARTMENT OF ADMINISTRATION, SO AS TO REFLECT THE TRANSFER OF CERTAIN OFFICES AND PROGRAMS FROM THE DEPARTMENT OF ADMINISTRATION TO OTHER STATE AGENCIES AS PROVIDED IN THIS ACT; AND TO REPEAL ARTICLE 11, CHAPTER 11, TITLE 63 RELATING TO THE CHILDREN'S CASE RESOLUTION SYSTEM.
Referred to Committee on Judiciary

H. 4675 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND ARTICLE 1, CHAPTER 90, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPTIVE INSURANCE COMPANIES, SO AS TO REMOVE REFERENCES TO CAPTIVE REINSURANCE COMPANIES, TO REQUIRE A CAPTIVE INSURANCE COMPANY TO POSSESS AND MAINTAIN FREE AND UNIMPAIRED PAID-IN CAPITAL, SURPLUS, OR A COMBINATION THEREOF AND ESTABLISH REQUIREMENTS, TO DELETE CERTAIN SURPLUS REFERENCES AND INCORPORATION REQUIREMENTS, TO PROVIDE THE PROVISIONS OF CHAPTER 90 APPLY TO CAPTIVE INSURANCE COMPANIES FORMED AS A MUTUAL INSURER, TO ESTABLISH REPORTING REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES AND REMOVE CERTAIN PROVISIONS, TO ALLOW A CAPTIVE INSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT WITH APPROVAL BY THE DIRECTOR, TO ESTABLISH OVERSIGHT REQUIREMENTS FOR RISK RETENTION GROUPS AND CAPTIVE INSURANCE COMPANIES, TO ALLOW FOR CERTAIN CAPTIVE INSURANCE COMPANIES TO MAKE LOANS TO ITS PARENT COMPANY AND AFFILIATES WITH APPROVAL BY THE DIRECTOR, TO ESTABLISH STANDARDS FOR AGGREGATE TAXES FOR PROTECTED CELLS, TO ALLOW THE DIRECTOR TO REDUCE CAPITAL REQUIREMENTS FOR AN INACTIVE CAPTIVE INSURANCE COMPANY, TO REMOVE CERTAIN ASSET REQUIREMENTS, AND TO ALTER PARTICIPANT REQUIREMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; AND TO REPEAL ARTICLE 5, CHAPTER 90, TITLE 38 RELATING TO THE COASTAL CAPTIVE INSURANCE COMPANY ACT.
Referred to Committee on Labor, Commerce and Industry


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H. 4676 (Word version) -- Rep. Collins: A BILL TO AMEND SECTIONS 56-1-50, AS AMENDED, 56-1-125, 56-1-175, AS AMENDED, AND 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, A CONDITIONAL DRIVER'S LICENSE, AND A SPECIAL RESTRICTED DRIVER'S LICENSE, AND THE REQUIREMENT THAT CERTAIN INDIVIDUALS MUST REGISTER WITH THE UNITED STATES SELECTIVE SERVICE, ALL SO AS TO REVISE CERTAIN TERMS.
Referred to Committee on Education and Public Works

H. 4677 (Word version) -- Rep. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-25 SO AS PROVIDE THAT THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY BY ORDINANCE MAY INSTITUTE A CONVENIENCE FEE FOR THE ELECTRONIC PAYMENT OF TRAFFIC AND OTHER CITATIONS ISSUED ELECTRONICALLY BY LAW ENFORCEMENT OFFICERS OF THAT JURISDICTION, AND TO PROVIDE FOR THE DISTRIBUTION OF THE ELECTRONIC CITATION FEES.
Referred to Committee on Judiciary

H. 4678 (Word version) -- Reps. Yow, Henegan, Johnson, Atkinson, Clemmons, Duckworth, Fry, Hewitt, Jordan and Lowe: A BILL TO AMEND SECTION 12-36-2130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT AN ALL-TERRAIN VEHICLE PURCHASED OR LEASED IN ANOTHER STATE IF THE PURCHASER PAID THE SALES TAX IN THE OTHER STATE.
Referred to Committee on Ways and Means

H. 4679 (Word version) -- Reps. Hardee, Johnson, Duckworth, McGinnis, Yow, D. C. Moss, Simrill, Felder, Lucas, Spires, Clemmons, Delleney, Gagnon, Hewitt, McCravy, Pitts, Pope, G. M. Smith, Wheeler and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "AIR AMBULANCE AFFORDABILITY ACT"; BY ADDING SECTION 44-61-55 SO AS TO PROVIDE THAT NO AIRCRAFT MAY BE OPERATED AS AN AIR AMBULANCE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE REQUIREMENTS FOR THIS PERMIT,


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AND TO PROVIDE FOR THE DURATION OF THE PERMIT ABSENT REVOCATION OR SUSPENSION; TO AMEND SECTION 44-61-20, RELATING TO DEFINITIONS CONCERNING EMERGENCY MEDICAL SERVICES, SO AS TO DEFINE THE TERM "AIR AMBULANCE"; AND BY ADDING SECTION 38-71-285 SO AS TO PROVIDE THAT ALL INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS SHALL PROVIDE COVERAGE FOR AIR AMBULANCE TRANSPORTATION TO A HOSPITAL OR MEDICAL FACILITY FOR EMERGENCY TREATMENT OR WHEN A PHYSICIAN CONSIDERS AIR TRANSPORTATION A MEDICAL NECESSITY, TO PROVIDE HOW THIS COVERAGE MUST PAY FOR AIR AMBULANCE TRANSPORTATION UNDER THESE POLICIES, TO PROVIDE THIS RATE REQUIREMENT IS RETROACTIVE FIVE YEARS FROM THE EFFECTIVE DATE, AND TO PROVIDE NECESSARY DEFINITIONS.
Referred to Committee on Education and Public Works

H. 4680 (Word version) -- Reps. S. Rivers, Crosby, Murphy, Elliott, Sottile, Allison, West, Atwater, W. Newton, Putnam, Ballentine, Bannister, Burns, Davis, Forrest, Hamilton, Herbkersman, Hiott, Hixon and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-250 SO AS TO CREATE THE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMATICS (STEM) PATHWAY RESOURCE NETWORK TO FACILITATE THE PROVISION OF STEM EDUCATION THROUGHOUT THE STATE, AND TO PROVIDE RELATED REQUIREMENTS OF THE STATE DEPARTMENT OF EDUCATION; BY ADDING ARTICLE 29 TO CHAPTER 53, TITLE 59 SO AS TO DEFINE NECESSARY TERMINOLOGY CONCERNING CONSTRUCTION AND MANUFACTURING CAREER PATHWAYS, TO PROVIDE COLLABORATIVE DESIGN OF A CAREER PATHWAY FOR STUDENTS WITHIN THE CONSTRUCTION INDUSTRY AND WITHIN THE MANUFACTURING SECTOR TO CONNECT SCHOOL DISTRICTS, TECHNICAL COLLEGES, VOCATIONAL SCHOOLS, JUNIOR COLLEGES, AND FOUR-YEAR INSTITUTIONS OF HIGHER EDUCATION WITH ADULT EDUCATION PROGRAMS, LOCAL WORKFORCE DEVELOPMENT PROGRAMS, AND REGIONAL CONSTRUCTION INDUSTRY PARTNERSHIPS AND REGIONAL MANUFACTURING SECTOR PARTNERSHIPS IN A MANNER TO


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ALLOW A STUDENT TO EARN INCOME WHILE PROGRESSING ALONG THE CAREER PATHWAY, TO SPECIFY REQUIREMENTS OF THE PROGRAM, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION, IN COLLABORATION WITH THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, SHALL POST CERTAIN INFORMATION CONCERNING THE CAREER PATHWAY ON THE STATE-PROVIDED, FREE ONLINE RESOURCE; AND BY ADDING ARTICLE 31 TO CHAPTER 53, TITLE 59 SO AS TO CREATE SEVEN MANUFACTURING AND CONSTRUCTION CAREER PATHWAY DISTRICTS IN THE STATE, WITH ONE REPRESENTING EACH CONGRESSIONAL DISTRICT, WITHIN EACH OF WHICH ARE ESTABLISHED TWO MANUFACTURING AND CONSTRUCTION CAREER PATHWAY CENTERS TO PROVIDE COURSEWORK AND GUIDANCE FOR RESIDENTS SEEKING TO PURSUE STUDIES IN A MANUFACTURING CAREER PATHWAY PROGRAM OR A CONSTRUCTION CAREER PATHWAY PROGRAM, TO PROVIDE OVERSIGHT OF THE DISTRICTS AND CENTERS BY THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, TO PROVIDE FOR THE FUNDING FOR THE CENTERS, TO PROVIDE EACH CENTER MUST BE MANAGED BY A DIRECTOR, AND TO PROVIDE TRANSPORTATION TO AND FROM THE CENTERS BY PUBLIC SCHOOL DISTRICTS AND REGIONAL TRANSPORTATION AUTHORITIES.
Referred to Committee on Education and Public Works

H. 4681 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 56-1-2080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE AND A COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO PROVIDE A PERSON MAY NOT BE ISSUED A COMMERCIAL DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED BEFORE HE COMPLETES A HUMAN TRAFFICKING PREVENTION COURSE.
Referred to Committee on Education and Public Works

H. 4682 (Word version) -- Rep. Willis: A BILL TO AMEND SECTION 56-9-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF PROVIDING PROOF OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE THE FILING OF A BOND


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AND THE FILING OF A CERTIFICATE OF DEPOSIT OF MONEY OR SECURITIES AS METHODS OF ESTABLISHING PROOF OF FINANCIAL RESPONSIBILITY; AND TO REPEAL SECTIONS 56-9-570 AND 56-9-580 BOTH RELATING TO ESTABLISHING PROOF OF FINANCIAL RESPONSIBILITY BY THE FILING OF A BOND OR A CERTIFICATE OF DEPOSIT OF MONEY OR SECURITIES.
Referred to Committee on Education and Public Works

H. 4683 (Word version) -- Reps. Hewitt, Fry, Erickson, Clemmons, Duckworth, Yow, Martin, Hardee, Johnson, McGinnis, Crawford and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "BEACHFRONT MANAGEMENT REFORM ACT"; TO AMEND SECTION 44-1-60, RELATING TO APPEALS FROM DECISIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL GIVING RISE TO CONTESTED CASES, SO AS TO EXCLUDE DECISIONS TO ESTABLISH BASELINES OR SETBACK LINES FROM THE APPEAL PROCEDURES; TO AMEND SECTION 48-39-10, RELATING TO COASTAL TIDELANDS AND WETLANDS DEFINITIONS, SO AS TO REDEFINE THE TERM "PRIMARY OCEANFRONT SAND DUNE" FOR PURPOSES OF ESTABLISHING A BASELINE AND TO DEFINE THE TERM "STORM SURGE"; AND TO AMEND SECTION 48-39-280, RELATING TO THE STATE'S FORTY-YEAR RETREAT POLICY, SO AS TO REQUIRE THE USE OF HISTORICAL AND SCIENTIFIC DATA THAT ACCOUNTS FOR EFFECTS OF NATURAL PROCESSES WHEN DETERMINING EROSION RATES, TO ESTABLISH THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST ESTABLISH BASELINES AND SETBACK LINES FOR CERTAIN AREAS AND UNDER CERTAIN GUIDELINES, TO PROHIBIT THE USE OF DATA FROM AN AREA IMPACTED BY A STORM SYSTEM OR EVENT NAMED BY THE NATIONAL WEATHER SERVICE FOR TWO YEARS AFTER THE STORM, TO REQUIRE THE DEPARTMENT TO GRANT A REVIEW OF A BASELINE OR SETBACK LINE FOR A LANDOWNER, A MUNICIPALITY, COUNTY, OR ORGANIZATION ACTING ON BEHALF OF A LANDOWNER THAT SUBMITS SUBSTANTIATING EVIDENCE SHOWING AN ADVERSE AFFECT ON HIS PROPERTY AND TO ESTABLISH GUIDELINES FOR REVIEW.


Printed Page 994 . . . . . Wednesday, January 24, 2018

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4684 (Word version) -- Reps. Chumley, Burns, Long, Magnuson, Robinson-Simpson, G. R. Smith, Allison, Funderburk, Henderson-Myers and Norrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT THE TIME KNOWN AS EASTERN STANDARD TIME IS ADVANCED BY ONE HOUR BEGINNING AT 2:00 A.M. ON THE SECOND SUNDAY OF MARCH OF 2018, AND BEGINNING ON THIS DATE AND TIME AND THEREAFTER PERMANENTLY BECOMES STANDARD TIME IN SOUTH CAROLINA WITH NO FURTHER ADJUSTMENTS UNDER STATE OR FEDERAL LAW, AND TO PROVIDE FOR PROCEDURAL AND RELATED PROVISIONS TO GIVE THE ABOVE PROVISIONS EFFECT INCLUDING HAVING THE STATE ATTORNEY GENERAL SUBMIT A WAIVER REQUEST TO THE FEDERAL SECRETARY OF TRANSPORTATION PERMITTING AND APPROVING THESE PROVISIONS IN ORDER FOR THEM TO TAKE EFFECT.
Referred to Committee on Judiciary

H. 4685 (Word version) -- Rep. Pitts: A BILL TO PROVIDE THAT BEGINNING JULY 1, 2019, THE STATE FISCAL ACCOUNTABILITY AUTHORITY SHALL TRANSFER STATE PUBLIC FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING TO A NOT-FOR-PROFIT ORGANIZATION TO BE ESTABLISHED OR DESIGNATED AS PROVIDED IN THIS ACT FOR THE PURPOSE OF OPERATING IT AS A PRIVATE AND NOT A PUBLIC INSTITUTION; AND TO PROVIDE THE TERMS, CONDITIONS, AND PROCEDURES TO IMPLEMENT THE ABOVE REQUIREMENTS.
Referred to Committee on Ways and Means

H. 4686 (Word version) -- Reps. Pitts, Weeks, Dillard, Bernstein, Delleney, Crawford, D. C. Moss, G. M. Smith and Stavrinakis: A BILL TO AMEND SECTION 2-69-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STANDING COMMITTEES TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM, SO AS TO AUTHORIZE THE STANDING COMMITTEES TO ISSUE SUBPOENAS OR SUBPOENAS DUCES TECUM TO PRIVATE ENTITIES OR INDIVIDUALS AS


Printed Page 995 . . . . . Wednesday, January 24, 2018

REQUIRED BY LAW, INCLUDING, BUT NOT LIMITED TO, FINANCIAL INSTITUTIONS, AND TO DEFINE THE TERM "FINANCIAL INSTITUTION".
Referred to Committee on Judiciary

ROLL CALL

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

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


Printed Page 996 . . . . . Wednesday, January 24, 2018

Sottile                Spires                 Stavrinakis
Stringer               Tallon                 Taylor
Thayer                 Thigpen                Toole
Trantham               Weeks                  West
Wheeler                White                  Whitmire
Williams               Willis                 Young
Yow

Total Present--118

LEAVE OF ABSENCE

The SPEAKER granted Rep. V. S. MOSS a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRADLEY a leave of absence for the day.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. PARKS a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALES a leave of absence for the day due to medical reasons.

DOCTOR OF THE DAY

Announcement was made that Dr. Gary R. Culbertson of Sumter was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:

"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented


Printed Page 997 . . . . . Wednesday, January 24, 2018

by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3099 (Word version)
Date:   ADD:
01/24/18   ALEXANDER

CO-SPONSOR ADDED

Bill Number:   H. 4378 (Word version)
Date:   ADD:
01/24/18   PENDARVIS

CO-SPONSOR ADDED

Bill Number:   H. 4382 (Word version)
Date:   ADD:
01/24/18   TOOLE

CO-SPONSOR ADDED

Bill Number:   H. 4386 (Word version)
Date:   ADD:
01/24/18   HENEGAN

CO-SPONSOR ADDED

Bill Number:   H. 4435 (Word version)
Date:   ADD:
01/24/18   HUGGINS

CO-SPONSOR ADDED

Bill Number:   H. 4643 (Word version)
Date:   ADD:
01/24/18   HENEGAN


Printed Page 998 . . . . . Wednesday, January 24, 2018

CO-SPONSORS ADDED

Bill Number:   H. 4458 (Word version)
Date:   ADD:
01/24/18   KIRBY, YOW, DUCKWORTH, BURNS, BLACKWELL, DILLARD and DAVIS

CO-SPONSORS ADDED

Bill Number:   H. 4460 (Word version)
Date:   ADD:
01/24/18   RIDGEWAY, BROWN, PENDARVIS, KIRBY, FUNDERBURK, M. RIVERS and GOVAN

CO-SPONSORS ADDED

Bill Number:   H. 4644 (Word version)
Date:   ADD:
01/24/18   KIRBY, HENDERSON-MYERS, MARTIN, BURNS, WILLIAMS and YOW

CO-SPONSORS ADDED

Bill Number:   H. 4672 (Word version)
Date:   ADD:
01/24/18   PUTNAM, MARTIN, ARRINGTON, THIGPEN, GAGNON, THAYER, DOUGLAS and GOVAN

STATEMENT BY REP. TRANTHAM

Rep. TRANTHAM made a statement relative to former Representative Bedingfield's service in the House.

HOUSE STANDS AT EASE

The House stood at ease for former Representative Bedingfield's remarks regarding his service in the House.

THE HOUSE RESUMES

At 2:45 p.m. the House resumed, the SPEAKER in the Chair.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4379 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard,


Printed Page 999 . . . . . Wednesday, January 24, 2018

Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, Robinson-Simpson, V. S. Moss, Clyburn, Bennett, Arrington, Daning, Pendarvis, Govan and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 7, TITLE 1 SO AS TO CREATE THE UTILITIES CONSUMER ADVOCATE IN THE OFFICE OF THE ATTORNEY GENERAL, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE UTILITIES CONSUMER ADVOCATE, AMONG OTHER THINGS; TO AMEND SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF AND ITS MISSION, SO AS TO REMOVE THE PRESERVATION OF THE FINANCIAL INTEGRITY OF THE STATE'S PUBLIC UTILITIES, CONTINUED INVESTMENT, AND MAINTENANCE OF FACILITIES FROM THE MISSION; TO AMEND SECTION 58-4-50, RELATING TO REGULATORY STAFF DUTIES AND RESPONSIBILITIES, SO AS TO ADD THAT THE OFFICE SHALL PROVIDE RESEARCH, EXPERTISE, AND OTHER ASSISTANCE TO THE UTILITIES CONSUMER ADVOCATE AND MAKE OTHER CONFORMING CHANGES; TO AMEND SECTION 58-4-55, RELATING TO THE OFFICE OF REGULATORY STAFF'S ABILITY TO REQUEST CERTAIN INFORMATION, SO AS TO ADD THAT THE OFFICE SHALL HAVE SUBPOENA POWERS AND THAT THE UTILITIES CONSUMER ADVOCATE MAY REQUEST THE EXECUTIVE DIRECTOR TO ISSUE SUBPOENAS ON HIS BEHALF, AND TO PROVIDE A PENALTY FOR FAILURE TO PROVIDE REQUESTED INFORMATION UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 58-4-80, RELATING TO INTERVENTION IN CIVIL PROCEEDINGS BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE THAT ON APPEAL THE OFFICE DOES NOT REPRESENT THE PUBLIC SERVICE COMMISSION.

H. 4378--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4378 (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, Fry, Robinson-Simpson, V. S. Moss, Clyburn,


Printed Page 1000 . . . . . Wednesday, January 24, 2018

Bennett, Arrington, Jefferson, King, Daning, Govan, Weeks and Pendarvis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 3, TITLE 58 SO AS TO CREATE THE UTILITY OVERSIGHT COMMITTEE AND TO PROVIDE FOR THE COMPOSITION, DUTIES, AND ADMINISTRATION OF THE COMMITTEE; TO REPEAL ARTICLE 5, CHAPTER 3, TITLE 58 RELATING TO THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE; AND TO AMEND SECTIONS 8-13-935, 58-3-5, 58-9-280, 58-9-285, 58-9-2689, 58-27-2630, 58-31-20, AND 58-39-140, ALL RELATING TO UTILITIES AND THE REGULATION AND OVERSIGHT OF UTILITIES, SO AS TO MAKE CONFORMING CHANGES.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4378 (COUNCIL\DG\4378C002.BBM.DG18):
Amend the bill, as and if amended, Part 3, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   Section 8-13-1344(A) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(A)(1)   A public utility may not include in its operating expenses a contribution or expenditure to influence an election or to operate a political action committee.

(2)   A public utility may not make a campaign contribution to any member of the Utility Oversight Committee, established pursuant to Article 6, Chapter 3, Title 58."     /
Renumber sections to conform.
Amend title to conform.

Rep. CASKEY moved to adjourn debate on the amendment, which was agreed to.

Rep. CASKEY proposed the following Amendment No. 2 to H. 4378 (COUNCIL\AHB\4378C006.AGM.AHB18), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 6, line 40, immediately after Section 58-3-660, by inserting:
/   Section 58-3-665.   (A)   A member of the Utility Oversight Committee may not knowingly, directly or indirectly, while serving in the position:

(1)   have a business relationship with or receive any form of income or compensation from a public utility, an affiliate of a public


Printed Page 1001 . . . . . Wednesday, January 24, 2018

utility, an association representing a public utility, or other person or entity whose business is regulated, whether wholly or in part, by the Office of Regulatory Staff or the Public Service Commission; or

(2)   ask, demand, solicit, seek, accept, receive, or agree to receive a campaign contribution, lodging, transportation, entertainment, food, meals, beverages, money, or anything of value from a public utility, an affiliate of a public utility, an association representing a public utility, or other person or entity whose business is regulated, whether wholly or in part, by the Office of Regulatory Staff or the Public Service Commission.

(B)   A public utility, an affiliate of a public utility, an association representing a public utility, or other person or entity whose business is regulated, whether wholly or in part, by the Office of Regulatory Staff or the Public Service Commission may not:

(1)   enter into a business relationship with or provide any form of income or compensation to a member of the Utility Oversight Committee; or

(2)   offer, solicit, facilitate, or provide a campaign contribution, lodging, transportation, entertainment, food, meals, beverages, money, or anything of value to a member of the Utility Oversight Committee.

(C)   For purposes of this section:

(1)   'person' means as defined in Section 8-13-100; and

(2)   'public utility' means as defined in Section 58-3-5(6).

(D)   A violation of this section subjects the violator, upon conviction, to the penalties provided in Article 15, chapter 13, Title 8. /
Renumber sections to conform.
Amend title to conform.

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

Rep. CASKEY proposed the following Amendment No. 3 to H. 4378 (COUNCIL\DG\4378C009.BBM.DG18), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   ___.   A.   Section 58-4-30(G) of the 1976 Code is amended to read:

"(G)   In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's permanent or interim successor must be submitted by the review committee to the Governor."


Printed Page 1002 . . . . . Wednesday, January 24, 2018

B.   Section 58-4-30 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( )   Notwithstanding any other provision of law, the Utility Oversight Committee may remove the executive director of the Office of Regulatory Staff if the committee loses confidence in the executive director. Upon removal, the committee shall nominate a permanent or interim successor for the executive director."
C.   This SECTION takes effect upon approval by the Governor and first applies to the executive director serving on the date of the Governor's approval and any executive director appointed thereafter. /
Renumber sections to conform.
Amend title to conform.

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

Rep. CASKEY proposed the following Amendment No. 4 to H. 4378 (COUNCIL\AHB\4378C007.AGM.AHB18), which was adopted:
Amend the bill, as and if amended, page 2, SECTION 1, by deleting Section 58-3-620(B) and inserting:
/   (B)   The oversight committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman, and other officers as the oversight committee may consider necessary. Thereafter, the oversight committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of seven members. /
Amend the bill further, pages 6 and 7, SECTION 1, by deleting Section 58-3-670 and inserting:
/   Section 58-3-670.   Notwithstanding any other provision of law, the oversight committee is authorized to approve position descriptions and compensation schedules for each position within the Office of Regulatory Staff. Notwithstanding any other provision of law, the salary of the Executive Director of the Office of Regulatory Staff shall not be construed as limiting the maximum salary that may be paid to other employees of the Office of Regulatory Staff. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Regulatory Staff has sole authority to select and employ personnel of the Office of Regulatory Staff." /
Renumber sections to conform.
Amend title to conform.


Printed Page 1003 . . . . . Wednesday, January 24, 2018

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

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4378 (COUNCIL\DG\4378C002.BBM.DG18), which was tabled:
Amend the bill, as and if amended, Part 3, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   Section 8-13-1344(A) of the 1976 Code, as added by Act 248 of 1991, is amended to read:

"(A)(1)   A public utility may not include in its operating expenses a contribution or expenditure to influence an election or to operate a political action committee.

(2)   A public utility may not make a campaign contribution to any member of the Utility Oversight Committee, established pursuant to Article 6, Chapter 3, Title 58."     /
Renumber sections to conform.
Amend title to conform.

Rep. MCCOY moved to table the amendment, which was agreed to.

Rep. CASKEY explained the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CASKEY continued speaking.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. FINLAY a temporary leave of absence.

Rep. CASKEY continued speaking.

Rep. CASKEY proposed the following Amendment No. 5 to H. 4378 (COUNCIL\AHB\4378C010.AGM.AHB18), which was adopted:
Amend the bill, as and if amended, page 5, SECTION 1, by deleting Section 58-3-640(A) and (B) and inserting:
/   (A)   The oversight committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the


Printed Page 1004 . . . . . Wednesday, January 24, 2018

duties for which appointed. These expenses shall be paid by the Oversight Committee as provided in subsection (B) of this section.

(B)   The expenses associated with the oversight committee's duties provided in subsection (A) and to qualify and nominate candidates for the commission and the Executive Director of the Office of Regulatory Staff, to develop and distribute surveys, to develop an annual workshop on ethics and the Administrative Procedures Act, and to undertake studies shall be borne by the public utilities subject to the jurisdiction of the Public Service Commission. On or before the first day of July in each year, the Department of Revenue must assess each public utility its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54, Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State. The oversight committee must certify to the Department of Revenue annually on or before May first the amounts to be assessed. The expenses of the oversight committee shall be advanced by a legislative body and the legislative body incurring such expense shall be reimbursed by the State at such time as the funds have been collected from the corporations liable therefor and, when collected, placed in the state treasury. /
Amend the bill further, page 6, SECTION 1, by deleting Section 58-3-650(D).
Renumber sections to conform.
Amend title to conform.

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

POINT OF ORDER

Rep. HILL raised the Point of Order that H. 4378 was out of order under Rule 5.13 in that a fiscal impact statement was not attached to the Bill.
SPEAKER PRO TEMPORE overruled the point stating that Amendment No. 5 to H. 4378, which had just been adopted, deleted the


Printed Page 1005 . . . . . Wednesday, January 24, 2018

provisions that effected the expenditure of state money. Therefore, the SPEAKER PRO TEMPORE overruled the Point of Order.

The question then recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 104; Nays 5

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Arrington              Atkinson
Atwater                Ballentine             Bamberg
Bannister              Bennett                Bernstein
Blackwell              Bowers                 Brown
Bryant                 Burns                  Caskey
Chumley                Clary                  Clemmons
Cogswell               Cole                   Collins
Crawford               Crosby                 Daning
Davis                  Delleney               Dillard
Douglas                Duckworth              Elliott
Erickson               Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Herbkersman
Hewitt                 Hixon                  Hosey
Huggins                Jefferson              Johnson
Jordan                 King                   Kirby
Knight                 Loftis                 Long
Lowe                   Lucas                  Mace
Mack                   Martin                 McCoy
McCravy                McEachern              McGinnis
D. C. Moss             Murphy                 B. Newton
W. Newton              Norrell                Ott
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               M. Rivers
S. Rivers              Sandifer               Simrill
G. M. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham


Printed Page 1006 . . . . . Wednesday, January 24, 2018

Weeks                  Wheeler                White
Whitmire               Williams               Willis
Young                  Yow

Total--104

Those who voted in the negative are:

Brawley                Hill                   Hiott
Magnuson               G. R. Smith

Total--5

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4378. If I had been present, I would have voted in favor the Bill.

Rep. Jay West

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 4378. If I had been present, I would have voted in favor the Bill.

Rep. Beth Bernstein

STATEMENT BY REP. DELLENEY

Rep. DELLENEY gave notice of offering technical amendments on third reading if necessary to H. 4378, pursuant to Rule 9.2.

SPEAKER IN CHAIR

H. 4377--DEBATE ADJOURNED

The following Bill was taken up:

H. 4377 (Word version) -- Reps. McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Hixon, Mack, Pope, Rutherford, J. E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, V. S. Moss, Clyburn, Bennett, Arrington,


Printed Page 1007 . . . . . Wednesday, January 24, 2018

Daning, Govan and Weeks: A BILL TO AMEND SECTION 58-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE PUBLIC SERVICE COMMISSION, SO AS TO REVISE THE MEMBERSHIP; TO AMEND SECTION 58-3-30, RELATING TO THE COMMISSIONERS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REQUIRE THE COMMISSIONERS AND THEIR EMPLOYEES TO ATTEND AT LEAST SIX HOURS OF CONTINUING EDUCATION CURRICULUM; TO AMEND SECTION 58-3-225, RELATING TO THE CONDUCT OF MEETINGS OF THE PUBLIC SERVICE COMMISSION, SO AS TO REQUIRE THE COMMISSIONERS TO QUESTION THE PARTIES THOROUGHLY DURING HEARINGS OF CONTESTED CASES WHEN APPROPRIATE; AND TO AMEND SECTION 58-3-260, RELATING TO COMMUNICATIONS WITH THE PUBLIC SERVICE COMMISSION, SO AS TO ALLOW THE PUBLIC UTILITIES REVIEW COMMITTEE AND CERTAIN OTHER LEGISLATIVE OVERSIGHT COMMITTEES TO COMMUNICATE WITH THE PUBLIC SERVICE COMMISSION IN CERTAIN CIRCUMSTANCES.

Rep. MCCOY moved to adjourn debate on the Bill until Thursday, January 25, which was agreed to.

H. 4376--DEBATE ADJOURNED

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 and Weeks: 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


Printed Page 1008 . . . . . Wednesday, January 24, 2018

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.

Rep. MCCOY moved to adjourn debate on the Bill until Thursday, January 25, which was agreed to.

H. 4375--DEBATE ADJOURNED

The following Bill was taken up:

H. 4375 (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, Fry, Robinson-Simpson, V. S. Moss, Clyburn, Martin, Magnuson, Bennett, Arrington, Daning and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 58 SO AS TO ESTABLISH PROVISIONS FOR SPECIFIC UTILITY PLANTS OR PROJECTS IN


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REGARD TO RATE DETERMINATIONS AND OTHER REQUIREMENTS WHICH WILL SUPPLEMENT THE GENERAL RATE PROVISIONS AND REQUIREMENTS OF ARTICLE 7, CHAPTER 27, TITLE 58; TO AMEND ARTICLES 4 AND 5, CHAPTER 33, TITLE 58, RELATING TO THE BASE LOAD REVIEW ACT OF 2007, SO AS TO FURTHER PROVIDE FOR PROCEDURAL AND OTHER MATTERS RELATING TO THE ACT, INCLUDING PROVISIONS TO DEFINE CERTAIN TERMS, AND TO PROVIDE THAT RATE INCREASES FOR THESE BASE LOAD PLANTS PROSPECTIVELY SHALL BE DETERMINED IN ACCORDANCE WITH ARTICLE 7, CHAPTER 27, TITLE 58, AS WELL AS CERTAIN REVISED PROVISIONS OF THIS ARTICLE; TO AMEND SECTION 58-27-850, RELATING TO CHANGES OF RATES BY THE PUBLIC SERVICE COMMISSION AFTER INVESTIGATION, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION AND THE ARTICLE WHEREIN IT IS CONTAINED SHALL BE SUPPLEMENTED BY THE PROVISIONS OF CHAPTER 34; AND TO DELETE ARTICLES 1, 3, AND 7 OF CHAPTER 33, TITLE 58, RELATING TO UTILITY FACILITY SITING, PROTECTIONS, AND CERTIFICATION.

Rep. MCCOY moved to adjourn debate on the Bill until Thursday, January 25, which was agreed to.

H. 4380--DEBATE ADJOURNED

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, Young, McEachern, Clary, Tallon, Brown, Robinson-Simpson, V. S. Moss, Clyburn, Bennett, Daning, Govan and Weeks: 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


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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. MCCOY moved to adjourn debate on the Bill until Thursday, January 25, which was agreed to.

H. 3920--DEBATE ADJOURNED

The following Bill was taken up:

H. 3920 (Word version) -- Reps. Felder, Funderburk, Davis, Bryant, Pope, Forrester, Sandifer, Allison, Fry and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-85 SO AS TO PROVIDE THAT BEGINNING WITH THE 2018-2019 SCHOOL YEAR, ALL PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS, SHALL POST AT LEAST FIVE SIGNS THAT PROVIDE TELEPHONE NUMBERS AND RELATED INFORMATION FOR REPORTING INCIDENTS OF CHILD ABUSE, NEGLECT, AND EXPLOITATION; AND TO PROVIDE DETAILS CONCERNING THE CONTENT, PLACEMENT, AND APPEARANCE OF THE SIGNS; AND BY AMENDING SECTION 63-7-910, RELATING TO A TOLL-FREE NUMBER FOR THE REFERRAL OF INCIDENTS OF CHILD ABUSE OR NEGLECT THAT THE DEPARTMENT OF SOCIAL SERVICES MAY MAINTAIN, SO AS TO REQUIRE THE DEPARTMENT TO MAINTAIN SUCH A SERVICE AND TO INCLUDE CHILD EXPLOITATION AMONG THE CATEGORIES OF REPORTABLE INCIDENTS FOR WHICH THE SERVICE IS INTENDED.

Rep. TAYLOR moved to adjourn debate on the Bill until Thursday, January 25, which was agreed to.

H. 3068--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3068 (Word version) -- Reps. J. E. Smith and Clyburn: A BILL TO AMEND CHAPTER 102, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM


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ATHLETE AGENTS ACT OF 2017", TO ADOPT THE INTERSTATE COMPACT FOR REGISTRATION OF STUDENT ATHLETE AGENTS AND MAKE NECESSARY CONFORMING CHANGES, TO REVISE VARIOUS PROVISIONS IN CONSIDERATION OF THE EXPANDED IMPACT OF SOCIAL MEDIA ON THE SOLICITATION AND RECRUITMENT OF STUDENT ATHLETES BY ATHLETE AGENTS, TO REVISE REQUIREMENTS REGARDING THE ESTABLISHMENT OF RELATIONSHIPS BETWEEN STUDENT ATHLETES AND ATHLETE AGENTS, AND TO REVISE VARIOUS AVAILABLE REMEDIES, AMONG OTHER THINGS.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3068 (COUNCIL\WAB \3068C001.AGM.WAB17), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION   1.   Chapter 102, Title 59 of the 1976 Code is amended to read:

"CHAPTER 102
Athlete Agents and Student Athletes

Section 59-102-10.   This chapter may be cited as the 'Uniform Athlete Agents Act of 2004 2017'.

Section 59-102-20.   In this chapter:

(1)   'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract.

(2)   'Athlete agent': means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization

(a)   means an individual, whether or not registered under this chapter, who:

(i)     directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain


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employment for a student athlete as a professional athlete or member of a professional sports team or organization;

(ii)   for compensation or in anticipation of compensation related to a student athlete's participation in athletics:

(A)   serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

(B)   manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or

(iii)   in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:

(A)   gives consideration to the student athlete or another person;

(B)   serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or

(C)   manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; but

(b)   does not include an individual who:

(i)     acts solely on behalf of a professional sports team or organization; or

(ii)   is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

(A)   also recruits or solicits the athlete to enter into an agency contract;

(B)   also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or

(C)   receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

(3)   'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.


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(4)   'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract.

(5)   'Educational institution' includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.

(6)   'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use a product or service based on behalf of another party any value the student athlete has because of publicity, reputation, following, or fame obtained from athletic ability or performance.

(7)   'Enrolled' means registered for courses and attending athletic practice or class. 'Enrolls' has a corresponding meaning.

(68)   'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of that promotes or regulates collegiate athletics.

(9)   'Interscholastic sport' means a sport played between educational institutions that are not community colleges, colleges, or universities.

(10)   'Licensed, registered, or certified professional' means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.

(711)   'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, other legal or commercial entity, or government, governmental subdivision, agency, or instrumentality.

(812)   'Professional sports services contract' means an agreement under which an individual is employed or agrees to render services as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

(913)   'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14)   'Recruit or solicit' means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or


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guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the indiviual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

(1015)   'Registration' means registration as an athlete agent pursuant to this chapter.

(16)   'Sign' means, with present intent to authenticate or adopt a record, to:

(a)   execute or adopt a tangible symbol; or

(b)   attach to or logically associate with the record an electronic symbol, sound, or process.

(1117)   'State' means the State of South Carolina when referring to this State or a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States when referring to another state.

(1218)   'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in an interscholastic or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic or intercollegiate sport, the individual is not a student athlete for purposes of that sport.

Section 59-102-30.   (A)   The provisions of the Administrative Procedures Act of Chapter 23, Title 1 apply to this chapter. The Department of Consumer Affairs may promulgate regulations to effectuate the purposes of this chapter.

(B)   By acting as an athlete agent in this State, a nonresident person appoints the Director of the Department of Consumer Affairs as his agent for service of process in a civil action in this State related to his acting as an athlete agent in this State.

(BC)   The Department of Consumer Affairs may issue subpoenas for material relevant to the administration of this chapter.

Section 59-102-40.   (A)   Except as otherwise provided in subsection (B), a person may not act as an athlete agent in this State without holding a certificate of registration pursuant to Section 59-102-60 or 59-102-80.

(B)   Before being issued a certificate of registration, a person may act as an athlete agent in this State for all purposes except signing an agency contract if:

(1)   a student athlete or one acting on behalf of the student athlete initiates communication with the person; and


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(2)   within seven days after an initial act as an athlete agent, the person submits an application for registration as an athlete agent in this State.

(C)   An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return all consideration received pursuant to the contract.

Section 59-102-50.   (A)   An applicant for registration shall submit an application for registration to the Department of Consumer Affairs in a form prescribed by the department of Consumer Affairs. An application filed pursuant to this section is a public record. The application must be in the name of a person and, except as otherwise provided in subsection (B), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

(1)   the name, date of birth, and place of birth of the applicant and the address of the applicant's principal place of business;:

(a)   the address of his principal place of business;

(b)   his work and mobile telephone numbers; and

(c)   any means of communicating with him electronically, including:

(i)     facsimile number;

(ii)   electronic mail address; and

(iii)   personal, business, or employer websites;

(2)   the name of the applicant's business or employer, if applicable, including for each business or employer its mailing address, telephone number, organizational form, and the nature of the business;

(3)   each social media account with which the applicant, his business, or his employer is affiliated;

(4)   any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;

(45)   a description of the applicant's:

(a)   formal training as an athlete agent;

(b)   practical experience as an athlete agent; and

(c)   educational background relating to his activities as an athlete agent;

(56)   the names and addresses of three individuals not related to the applicant who are willing to serve as references;

(67)   the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next


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preceding the date of submission of the application, or, if the individual is a minor, the name of his parent or guardian;

(78)   the names and addresses of all persons who are:

(a)   with respect to the athlete agent's business, if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business who hold an equity interest of five percent or greater in that business; and

(b)   with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;

(89)   whether the applicant or a person named pursuant to item (78) has been convicted of a crime that would be a crime involving moral turpitude or a felony if committed in this State, and identification of the:

(a)   crime;

(b)   law enforcement agency involved; and

(c)   if applicable, the date of conviction and the fine or penalty imposed;

(10)   whether, within fifteen years before the date of application, the applicant or a person named under item (8) has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;

(11)   whether the applicant or a person named under item (8) has an unsatisfied judgment or a judgment of continuing effect, including alimony or a family court order for child support, which is not current at the date of the application;

(12)   whether, within ten years before the date of application, the applicant or a person named under paragraph (8) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

(913)   whether there has been any administrative or judicial determination that the applicant or a person named pursuant to item (78) has made a false, misleading, deceptive, or fraudulent representation;

(1014)   an instance in which the conduct of the applicant or a person named pursuant to item (78) resulted in the imposition against a student athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event;

(1115)   a sanction, suspension, or disciplinary action taken against the applicant or a person named pursuant to item (78) arising out of occupational or professional conduct; and


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(1216)   whether there has been a denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or a person named pursuant to item (78) as an athlete agent in any state;

(17)   each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

(18)   if the applicant is certified or registered by a professional league or players association:

(a)   the name of the league or association;

(b)   the date of certification or registration, and the date of expiration of the certification or registration, if any; and

(c)   if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

(19)   any additional information required by the department.

(B)   Instead of submitting an application in the form prescribed pursuant to subsection (A), an applicant for registration in this State, who has applied for and holds a certificate, registration, or licensure as an athlete agent in another state, may submit a copy of that application and certificate instead of submitting an application in the form prescribed pursuant to subsection (A):

(1)   a copy of the application for registration in the other state;

(2)   a statement that:

(a)   identifies any material change in the information on the application described in item (1), cosigned under penalty of perjury; or

(b)   verifies there is no such material change provided in subitem (a), signed under penalty of perjury; and

(3)   a copy of the certificate of registration from the other state.

(C)   The Department of Consumer Affairs shall accept the application and the certificate from the other state as an application for registration in this State and issue a certificate of registration to the applicant if the application to the other state:

(1)   was submitted in the other state within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;

(2)   contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and

(3)   was signed by the applicant under penalty of perjury; and


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(4)   the registration has not been revoked or suspended and no action involving the person's conduct as an athlete agent is pending against the person or his registration in any state.

(D)   For purposes of implementing the provisions of subsection (C), the department shall:

(1)   cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and

(2)   exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

Section 59-102-60.   (A)   Except as otherwise provided in subsection (B), the Department of Consumer Affairs shall issue a certificate of registration to a person who complies with Section 59-102-50(A) or whose application has been accepted pursuant to Section 59-102-50(B).

(B)   The department of Consumer Affairs may refuse to issue a certificate of registration if he determines the applicant has engaged in conduct that has a significantly adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the department of Consumer Affairs may consider whether the applicant has:

(1)   pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime that would be a crime involving moral turpitude or a felony if committed in this State;

(2)   made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;

(3)   engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(4)   engaged in conduct prohibited by Section 59-102-140;

(5)   had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;

(6)   engaged in conduct resulting in the imposition against a student athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event; or

(7)   engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.


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(C)   In making a determination pursuant to subsection (B), the department of Consumer Affairs shall consider:

(1)   how recently the conduct occurred;

(2)   the nature of the conduct and the context in which it occurred; and

(3)   other relevant conduct of the applicant.

(D)   An athlete agent registered under subsection (A) may apply to renew a registration by submitting an application for renewal in a form prescribed by the department of Consumer Affairs. An application filed pursuant to this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.

(E)   A person who has submitted an application for renewal of registration or licensure in another state may file a copy of that application for renewal and a valid certificate of registration or licensure from the other state instead of submitting an application for renewal in the form prescribed pursuant to subsection (D). An athlete agent registered pursuant to Section 59-102-50(C) may renew the registration by proceeding under Section 59-102-50(D) or, if registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department of Consumer Affairs shall accept the application for renewal from the other state as an application for renewal in this State if the application to the other state:

(1)   was submitted in the other state within six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;

(2)   contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and

(3)   was signed by the applicant under penalty of perjury renew the registration if it determines:

(1)   registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

(2)   the renewed registration has not been suspended or revoked and no action involving the person's conduct as an athlete agent is pending against him or his registration in any state.

(F)   A certificate of registration or a renewal of a registration is valid for two years.


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Section 59-102-70.   (A)   The Department of Consumer Affairs may limit, suspend, revoke, or refuse to renew a registration of a person registered pursuant to Section 59-102-60(A) for conduct that would have justified denial of registration pursuant to Section 59-102-60(B).

(B)   A person aggrieved by an action taken by the department pursuant to this subsection or pursuant to Section 59-102-60(B) may request review by filing a request for a contested case hearing with the Administrative Law Court.

(C)   The Department of Consumer Affairs may file a request for a contested case hearing with the Administrative Law Court for an order revoking or suspending the registration of an athlete agent for cause or for a violation of a provision of this chapter The department may suspend or revoke the registration of a person registered pursuant to Section 59-102-50(C) or renewed pursuant to Section 59-102-60(E) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration pursuant to Section 59-102-60(B).

Section 59-102-80.   The Department of Consumer Affairs may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

Section 59-102-90.   An application for registration or renewal of registration must be accompanied by a fee of:

(1)   five hundred dollars for an initial application for registration; or

(2)   five hundred dollars for registration based on a certificate of registration issued by another state;

(3)   three hundred dollars for an application for renewal of registration; or

(4)   three hundred dollars for renewal of registration based on a renewal of registration in another state.

Section 59-102-100.   (A)   An agency contract must be in a record that is signed or otherwise authenticated by the parties.

(B)   An agency contract must include:

(1)   in a statement that the athlete agent is registered as an athlete agent in this State and a list of other states in which he is registered as an athlete agent;

(2)   the amount and method of calculating the consideration to be paid by the student athlete for services provided by the athlete agent under the contract and other consideration the athlete agent receives from another source for entering into the contract or for providing the services;


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(23)   the name of a person not listed in the application for registration or renewal of registration to be compensated because the student athlete signed the agency contract;

(34)   a description of expenses the student athlete agrees to reimburse;

(45)   a description of the services to be provided to the student athlete;

(56)   the duration of the contract; and

(67)   the date of execution.

(C)   Subject to the provisions of subsection (G), an agency contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating:
'WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:

(1)   YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

(2)   IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN SEVENTY-TWO HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

(3)   YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.'

(D)   An agency contract that does not conform to this section is voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not required to pay consideration under the contract or to return consideration received from the athlete agent to induce the student athlete to enter into the contract.

(E)   The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may


Printed Page 1022 . . . . . Wednesday, January 24, 2018

result in the loss of the athlete's eligibility to participate in the athlete's sport.

(E)   A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

(F)   At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgement required by subsection (D).

(G)   If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (C) must be revised accordingly.

Section 59-102-110.   (A)   Within seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.

(B)   Within seventy-two hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract In this section, 'communicating or attempting to communicate' means contacting or attempting to contact by an in-person meeting, a record, or another method that conveys or attempts to convey a message.

(B)   Not later than seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

(C)   Not later than seventy-two hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is


Printed Page 1023 . . . . . Wednesday, January 24, 2018

enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

(D)   If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than seventy-two hours after the agent knew or should have known the athlete enrolled.

(E)   If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than ten days after the enrollment if the agent knows or should have known of the enrollment and:

(1)   the relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

(2)   the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

(F)   An athlete agent shall give notice in a record to the athletic director of an educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

(1)   the athlete or, if the athlete is a minor, a parent or guardian of the athlete to influence the athlete or parent or guardian to enter into an agency contract; or

(2)   another person to have that person influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

(G)   If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another person on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than ten days after the communication or attempt.

(H)   An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Department of Consumer Affairs and a professional league or players' association with which the institution is aware the agent is licensed or registered of the violation.

Section 59-102-120.   (A)   A student athlete, or if the athlete is a minor, his parent or guardian may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within fourteen days after the contract is signed.

(B)   A student athlete may not waive The right to cancel an agency contract provided in subsection (A) may not be waived.


Printed Page 1024 . . . . . Wednesday, January 24, 2018

(C)   If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay consideration under the contract or to return consideration received from the athlete agent to induce the student athlete to enter into the contract.

Section 59-102-130.   (A)   An athlete agent shall retain the following records for a period of five years:

(1)   the name and address of each individual person represented by the athlete agent;

(2)   an agency contract entered into by the athlete agent; and

(3)   direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.

(B)   Records retained pursuant to subsection (A) are open to inspection by the Department of Consumer Affairs during normal business hours.

Section 59-102-140.   (A)   An athlete agent, with the intent to induce a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to enter into an agency contract, may not take any of the following actions or encourage another person to take or assist another person in taking any of the following actions on behalf of the athlete agent:

(1)   give materially false or misleading information or make a materially false promise or representation;

(2)   furnish anything of value to a student athlete before the student athlete enters into the agency contract; or

(3)   furnish anything of value to an individual other than the student athlete or another registered athlete agent.

(B)   An athlete agent may not intentionally do any of the following or encourage another person to do any of the following on behalf of the athlete agent:

(1)   initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete to recruit the student athlete, parent, or guardian to enter an agency contract unless registered pursuant to this chapter;

(2)   refuse or fail to retain or permit inspection of records pursuant to Section 59-102-130;

(3)   fail to register as required by Section 59-102-40;

(4)   provide materially false or misleading information in an application for registration or renewal of registration;

(5)   predate or postdate an agency contract; or

(6)   fail to notify a student athlete or, if the student athlete is a minor, a parent or guardian of the athlete before the student athlete,


Printed Page 1025 . . . . . Wednesday, January 24, 2018

parent, or guardian signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.

Section 59-102-150.   An athlete agent who violates Section 59-102-140 is guilty of a misdemeanor and, upon conviction, may be fined not more than ten thousand dollars or imprisoned for not more than three years, or both.

Section 59-102-160.   (A)   An educational institution has a right of action against an athlete agent or a former student athlete for damages caused by a violation of this chapter. In an action pursuant to this section, the court may award costs and reasonable attorney's fees to the prevailing party.

(B)   Damages to an educational institution pursuant to subsection (A) include, without limitation, losses and expenses incurred because the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.

(C)   A right of action pursuant to this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student athlete.

(D)   Liability of the athlete agent or the former student athlete pursuant to this section is several and not joint.

(E)   This chapter does not restrict rights, remedies, or defenses of a person under law or equity An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or a person who was a student athlete at the time of the act or omission and enrolled in the institution:

(1)   is suspended or disqualified from participation in an interscholastic or intercollegiate athletic event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

(2)   suffers financial damage.

(B)   A plaintiff that prevails in an action under this section may recover actual damages, punitive damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits


Printed Page 1026 . . . . . Wednesday, January 24, 2018

any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

(C)   A violation of this chapter is an unfair trade practice for purposes of the South Carolina Unfair Trade Practices Act.

Section 59-102-170.   Upon a finding that an athlete agent has violated a provision of this chapter, as determined from admissions of the athlete agent freely and voluntarily made or as the result of a contested case hearing, the administrative law judge may assess a fine against an athlete agent not to exceed one hundred thousand dollars for a violation of this chapter.

Section 59-102-180.   In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 59-102-190. The provisions of this chapter modify, limit, or supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b)."
SECTION   2.   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   3.   After enactment of the provisions of this act, the Code Commissioner is authorized to insert the Official Comments, as amended, available from the Uniform Law Commission into the annotated versions of the provisions of this act, as contained in the South Carolina Code of Laws, after the appropriate provision and before the South Carolina Reporter's Comments, to the extent that the South Carolina Reporter's Comments follow a provision. The Official Comments, prepared by the Uniform Law Commission with the intent of aiding the user in understanding the provisions to the Uniform Commercial Code, are not considered part of this act and do not indicate legislative intent.


Printed Page 1027 . . . . . Wednesday, January 24, 2018

SECTION   4.   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.

Rep. TAYLOR explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Alexander              Allison                Anderson
Anthony                Atkinson               Atwater
Ballentine             Bamberg                Bannister
Bennett                Bernstein              Blackwell
Bowers                 Brawley                Brown
Burns                  Caskey                 Chumley
Clary                  Clemmons               Cogswell
Cole                   Collins                Crawford
Crosby                 Daning                 Davis
Delleney               Dillard                Douglas
Duckworth              Elliott                Erickson
Finlay                 Forrest                Forrester
Fry                    Funderburk             Gagnon
Gilliard               Hamilton               Hardee
Hart                   Hayes                  Henderson
Henderson-Myers        Henegan                Herbkersman
Hewitt                 Hiott                  Hixon
Hosey                  Huggins                Jefferson
Johnson                Jordan                 King
Kirby                  Knight                 Loftis
Long                   Lowe                   Lucas
Mace                   Mack                   Martin
McCoy                  McCravy                McEachern
McGinnis               D. C. Moss             Murphy
B. Newton              W. Newton              Norrell
Pendarvis              Pitts                  Pope
Putnam                 Ridgeway               M. Rivers
Sandifer               Simrill                G. M. Smith


Printed Page 1028 . . . . . Wednesday, January 24, 2018

G. R. Smith            J. E. Smith            Sottile
Spires                 Stavrinakis            Stringer
Tallon                 Taylor                 Thayer
Thigpen                Toole                  Trantham
Weeks                  West                   Wheeler
White                  Whitmire               Williams
Willis                 Young                  Yow

Total--105

Those who voted in the negative are:

Total--0

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

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3068. If I had been present, I would have voted in favor the Bill.

Rep. Katie Arrington

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3068. If I had been present, I would have voted in favor the Bill.

Rep. Jerry Govan

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. TRANTHAM moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4689 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett,


Printed Page 1029 . . . . . Wednesday, January 24, 2018

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 CONGRATULATE SUZI ROBERTS, MISS SOUTH CAROLINA 2017, OF PAWLEYS ISLAND, AND TO COMMEND THE DISCIPLINE, ASPIRATIONS, AND TALENT THAT HAVE ENABLED HER TO REPRESENT THE PALMETTO STATE WITH DIGNITY AND POISE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4690 (Word version) -- Reps. Allison, Alexander, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis,


Printed Page 1030 . . . . . Wednesday, January 24, 2018

Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO HONOR ALLY MCCASLIN, MISS SOUTH CAROLINA TEEN 2017, AND TO COMMEND HER FOR THE DISCIPLINE, ASPIRATIONS, AND TALENT THAT HAVE ENABLED HER TO REPRESENT THE PALMETTO STATE WITH DIGNITY AND POISE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4691 (Word version) -- Reps. Atwater, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McEachern, McGinnis, McKnight, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pitts, Pope, Putnam, Ridgeway, M. Rivers, S. Rivers, Robinson-Simpson, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, Williams, Willis, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. LUCAS C. CLAMP OF RIVER BLUFF HIGH SCHOOL FOR EARNING THE PRESTIGIOUS HONOR OF BEING NAMED THE 2018 SOUTH CAROLINA SECONDARY PRINCIPAL OF THE YEAR.

The Resolution was adopted.


Printed Page 1031 . . . . . Wednesday, January 24, 2018

HOUSE RESOLUTION

The following was introduced:

H. 4692 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO SUZI ROBERTS, MISS SOUTH CAROLINA, AND ALLY MCCASLIN, MISS SOUTH CAROLINA TEEN, ALONG WITH THE OTHER CONTESTANTS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2017 MISS SOUTH CAROLINA AND MISS SOUTH CAROLINA TEEN TITLES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to Suzi Roberts, Miss South Carolina, and Ally McCaslin, Miss South Carolina Teen, along with the other contestants, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the 2017 Miss South Carolina and Miss South Carolina Teen titles.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4693 (Word version) -- Reps. Hamilton, 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, 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,


Printed Page 1032 . . . . . Wednesday, January 24, 2018

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 DECLARE MARCH 2, 2018, AS NATIONAL SPEECH AND DEBATE EDUCATION DAY IN THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4687 (Word version) -- Reps. Yow, Henegan and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES TEALS MILL POND AND BEAR CREEK ALONG TEALS MILL ROAD IN CHESTERFIELD COUNTY "TEALS MILL MEMORIAL BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4688 (Word version) -- Reps. Jefferson, Crosby, Daning and Knight: A CONCURRENT RESOLUTION TO RAISE THE AWARENESS OF THE BRADLEY BLAKE FOUNDATION SURROUNDING THE ISSUE OF GUN VIOLENCE AND TO DECLARE THE MONTH OF JUNE 2018 "GUN VIOLENCE AWARENESS MONTH".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4713 (Word version) -- Reps. Jefferson, Daning, Williams, Crosby, Davis and S. Rivers: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 197 ALONG INTERSTATE HIGHWAY 26 IN BERKELEY COUNTY "COLONEL


Printed Page 1033 . . . . . Wednesday, January 24, 2018

CHRISTOPHER N. WILLIAMSON INTERCHANGE" 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.

INTRODUCTION OF BILLS

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

H. 4694 (Word version) -- Rep. Delleney: A BILL TO ADOPT REVISED CODE VOLUMES 15A AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE; AND TO ADOPT THE 2017 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 2018.
Referred to Committee on Judiciary

H. 4695 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-412 SO AS TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, FORMAL APPLICATION TO AND WRITTEN APPROVAL FROM THE PUBLIC SERVICE COMMISSION MUST BE OBTAINED BEFORE THE SALE, ASSIGNMENT, PLEDGE, OR TRANSFER OF AN EXISTING OR FUTURE FRANCHISE WITH A RETAIL ELECTRIC PROVIDER ISSUED PURSUANT TO THE PROVISIONS OF THIS CHAPTER, OR CONTROL OF AN EXISTING OR FUTURE FRANCHISE WITH A RETAIL ELECTRIC PROVIDER ISSUED PURSUANT TO THE PROVISIONS OF THIS CHAPTER IS CHANGED, ALTERED, OR AMENDED THROUGH STOCK TRANSFER, LEASE, OR OTHERWISE, OR A MERGER OR CONSOLIDATION AFFECTING A RETAIL ELECTRIC PROVIDER MADE THROUGH ACQUISITION OR CONTROL BY STOCK PURCHASE OR OTHERWISE; AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION'S APPROVAL MUST BE GIVEN IF JUSTIFIED BY PUBLIC CONVENIENCE OR NECESSITY, AND THAT THE


Printed Page 1034 . . . . . Wednesday, January 24, 2018

PROVISIONS OF THIS SECTION DO NOT APPLY TO REGULAR TRADING IN LISTED SECURITIES ON RECOGNIZED MARKETS.
Referred to Committee on Labor, Commerce and Industry

H. 4696 (Word version) -- Rep. Allison: A BILL TO AMEND SECTION 6-9-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATIONS OF THE BUILDING CODES OR REGULATIONS, SO AS TO PROVIDE CRIMINAL PENALTIES FOR THOSE PERSONS FOUND TO BE IN VIOLATION OF A BUILDING CODE OR REGULATION ADOPTED PURSUANT TO THE PROVISIONS OF CHAPTER 9, TITLE 6, AND TO PROVIDE THAT THOSE PERSONS CHARGED WITH VIOLATING A BUILDING CODE OR REGULATION MUST BE TRIED EXCLUSIVELY IN THE APPROPRIATE MAGISTRATES OR MUNICIPAL COURT.
Referred to Committee on Labor, Commerce and Industry

H. 4697 (Word version) -- Rep. Bamberg: A BILL TO AMEND SECTION 7-7-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
On motion of Rep. BAMBERG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4699 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3775 SO AS TO PROVIDE FOR AN INCOME TAX CREDIT TO AN


Printed Page 1035 . . . . . Wednesday, January 24, 2018

INDIVIDUAL OR BUSINESS THAT CONSTRUCTS, PURCHASES, OR LEASES CERTAIN SOLAR ENERGY PROPERTY AND PLACES IT IN SERVICE IN THIS STATE, AND TO PROVIDE A DEFINITION OF "SOLAR ENERGY PROPERTY".
Referred to Committee on Ways and Means

H. 4700 (Word version) -- Reps. Herbkersman and Cobb-Hunter: A BILL TO AMEND SECTION 12-37-2460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITING PROPERTY TAXES ON AIRLINES, SO AS TO CREDIT THE PROCEEDS OF TAXES TO THE STATE AVIATION FUND; AND TO AMEND SECTION 55-5-280, AS AMENDED, RELATING TO THE STATE AVIATION FUND, SO AS TO PHASE-IN THE CREDITING OF THE PROCEEDS.
Referred to Committee on Ways and Means

H. 4701 (Word version) -- Reps. S. Rivers, King and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "B.P. ACT"; TO AMEND SECTION 59-63-140, RELATING TO BULLYING PROHIBITION POLICIES ADOPTED BY SCHOOL DISTRICTS, SO AS TO PROVIDE PROCEDURES FOR RESPONDING TO AND REMEDIATING ALLEGATIONS OF BULLYING, AND TO REQUIRE AN APPEALS PROCEDURE.
Referred to Committee on Education and Public Works

H. 4702 (Word version) -- Reps. S. Rivers, Bennett and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "B.P. ACT"; TO AMEND SECTION 59-63-140, RELATING TO BULLYING PROHIBITION POLICIES ADOPTED BY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT WHEN SCHOOL OFFICIALS DETERMINE THAT A STUDENT HAS COMMITTED A PROHIBITED ACT, THE SCHOOL SHALL NOTIFY HIS PARENT, GUARDIAN, OR ANOTHER ADULT WHO CONSENTS TO HAVING RESPONSIBILITY FOR THE STUDENT WITHIN ONE BUSINESS DAY, AND SHALL THEN MEET WITH THE STUDENT AND HIS PARENT, GUARDIAN, OR ANOTHER ADULT WHO CONSENTS TO HAVING RESPONSIBILITY FOR THE STUDENT WITHIN THREE BUSINESS DAYS AFTER THIS NOTICE IS GIVEN; TO PROVIDE THE STUDENT MUST BE SUSPENDED FROM SCHOOL UNTIL HE AND HIS PARENT, GUARDIAN, OR ANOTHER ADULT WHO CONSENTS TO


Printed Page 1036 . . . . . Wednesday, January 24, 2018

HAVING RESPONSIBILITY FOR THE STUDENT AGREES TO ATTEND COUNSELING OFFERED OR APPROVED BY THE DISTRICT; TO PROVIDE THE DISTRICT SHALL MAKE COUNSELORS, SCHOOL PSYCHOLOGISTS, OR OTHER APPROPRIATE PERSONNEL CURRENTLY EMPLOYED OR CONTRACTED BY THE DISTRICT AVAILABLE FOR THIS COUNSELING; TO PROVIDE THE DISTRICT SHALL INFORM THE STUDENT AND HIS PARENTS, GUARDIANS, AND OTHER ADULTS WHO CONSENT TO HAVING RESPONSIBILITY FOR THE STUDENT THAT THE REQUIREMENTS PROSCRIBED BY THE COUNSELOR MUST BE MET OR THE STUDENT WILL BE SUSPENDED UNTIL SUCH COUNSELING REQUIREMENTS ARE MET, WHICH MUST INCLUDE ATTENDANCE BY THE PARENTS AT TWO OF FIVE COUNSELING SESSIONS; AND TO PROVIDE THE DISTRICT SHALL INFORM ANOTHER SCHOOL IN WHICH THE STUDENTS SEEKS TO ENROLL OF THE STUDENT'S MISCONDUCT AND FAILURE TO COMPLY WITH RELATED COUNSELING REQUIREMENTS.
Referred to Committee on Education and Public Works

H. 4703 (Word version) -- Rep. S. Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA NATURAL GAS PIPELINES INITIATIVE ACT"; TO AMEND SECTION 12-6-2320, RELATING TO ALLOCATION AND APPORTIONMENT OF INCOME, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ENTER INTO AN AGREEMENT ESTABLISHING THE ALLOCATION AND APPORTIONMENT OF THE INCOME OF A TAXPAYER THAT BUILDS OR EXPANDS A NATURAL GAS PIPELINE AND INVESTS AT LEAST TEN MILLION DOLLARS; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT BUILDING MATERIALS NECESSARY TO BUILD OR EXPAND NATURAL GAS PIPELINES IN THIS STATE.
Referred to Committee on Ways and Means

H. 4704 (Word version) -- Reps. Loftis, Burns, Erickson, Chumley, Yow, Herbkersman, Hiott, Hixon, McCravy and Pitts: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO UTILIZE CRITICAL AREAS, SO AS TO AUTHORIZE THE DEPARTMENT


Printed Page 1037 . . . . . Wednesday, January 24, 2018

OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE GENERAL PERMITS UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4705 (Word version) -- Reps. Bannister, Elliott, Arrington, Long, Chumley, B. Newton, Martin, Henderson-Myers, G. R. Smith, Trantham, Bryant, Hamilton, Hixon, S. Rivers and Stringer: A BILL TO AMEND SECTION 63-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATED REPORTERS OF CHILD ABUSE OR NEGLECT, SO AS TO ADD RELIGIOUS COUNSELORS AS MANDATED REPORTERS.
Referred to Committee on Judiciary

H. 4706 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 TO CHAPTER 9, TITLE 58 SO AS TO ENACT THE "SOUTH CAROLINA NET NEUTRALITY PROTECTION AND MAINTENANCE ACT", TO DEFINE RELEVANT TERMS, TO PROVIDE THAT A TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER ENGAGED IN THE PROVISION OF BROADBAND INTERNET ACCESS SERVICE PUBLICLY SHALL DISCLOSE ACCURATE INFORMATION REGARDING THE NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS OF ITS BROADBAND INTERNET ACCESS SERVICES SUFFICIENT FOR CONSUMERS TO MAKE INFORMED CHOICES REGARDING USE OF THESE SERVICES AND FOR CONTENT, APPLICATION, SERVICE, AND DEVICE PROVIDERS TO DEVELOP, MARKET, AND MAINTAIN INTERNET OFFERINGS, AND TO PROHIBIT CERTAIN PRACTICES BY TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDERS ENGAGED IN THE PROVISION OF BROADBAND INTERNET ACCESS SERVICE IN SOUTH CAROLINA; TO PROVIDE THAT VIOLATIONS OF THIS ACT ARE NOT REASONABLE IN RELATION TO THE DEVELOPMENT AND PRESERVATION OF BUSINESS AND CONSTITUTE AN UNFAIR OR DECEPTIVE ACT IN TRADE OR COMMERCE AND AN UNFAIR METHOD OF COMPETITION FOR THE PURPOSE OF APPLYING THE SOUTH CAROLINA CONSUMER PROTECTION CODE; AND TO PROVIDE THAT A PUBLIC ENTITY MAY NOT ENTER INTO A CONTRACT WITH A TELECOMMUNICATIONS


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OR INTERNET SERVICE PROVIDER ENGAGED IN THE PROVISION OF BROADBAND INTERNET ACCESS SERVICE IN SOUTH CAROLINA UNLESS THE CONTRACT INCLUDES A REPRESENTATION THAT THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER IS NOT CURRENTLY ENGAGED IN, AND AN AGREEMENT THAT THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER WILL NOT ENGAGE IN, THOSE PRACTICES PROHIBITED BY THIS ACT.
Referred to Committee on Labor, Commerce and Industry

H. 4707 (Word version) -- Reps. Hill, Gagnon and Thayer: A BILL TO AMEND SECTION 23-31-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIVITIES TO DO WITH FIREARMS THAT MAY NOT BE REGULATED BY A POLITICAL SUBDIVISION OF THE STATE, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION MAY NOT REGULATE FIREARM ACCESSORIES.
Referred to Committee on Judiciary

H. 4708 (Word version) -- Reps. Hill, Gagnon and Thayer: A BILL TO AMEND SECTION 50-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES, SO AS TO PROVIDE THAT A PERSON OR HIS IMMEDIATE FAMILY MEMBERS ARE NOT REQUIRED TO OBTAIN A HUNTING LICENSE TO HUNT ON PROPERTY THAT CONTAINS THEIR PRIMARY RESIDENCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4709 (Word version) -- Reps. Hill, Gagnon and Thayer: A BILL TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO REVISE THE PROVISION THAT PROHIBITS THE CARRYING OF A CONCEALABLE WEAPON INTO CERTAIN LOCATIONS.
Referred to Committee on Judiciary

H. 4710 (Word version) -- Reps. Hill, Williams, McKnight, Yow, West, Gagnon and McCravy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 147 TO CHAPTER 3,


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TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE PERSIAN GULF WAR VETERAN SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works

H. 4711 (Word version) -- Reps. Sandifer and Mack: A BILL TO AMEND SECTION 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL CHARGES A LENDER MAY CHARGE IN CONNECTION WITH A CONSUMER LOAN, SO AS TO ALLOW A LENDER TO CHARGE A CONVENIENCE FEE FOR ACCEPTING AN ELECTRONIC PAYMENT AND TO ESTABLISH CERTAIN STANDARDS FOR THE CONVENIENCE FEE.
Referred to Committee on Labor, Commerce and Industry

H. 4712 (Word version) -- Reps. G. R. Smith, Taylor, Loftis, Burns, Elliott, Magnuson, Bennett, Chumley, Hamilton, Hardee, Atwater, Crosby, Allison, Bannister, Trantham, Daning, Long, S. Rivers, Toole and Willis: A BILL TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUISITE STUDY OF THE UNITED STATES CONSTITUTION AND OTHER TEXTS REFLECTING THE HISTORY OF THE UNITED STATES IN PUBLIC HIGH SCHOOLS AND PUBLICLY SUPPORTED COLLEGES AND UNIVERSITIES, SO AS TO PROVIDE THE COMMISSION ON HIGHER EDUCATION MAY IDENTIFY RELATED RECOMMENDED INSTRUCTIONAL MATERIALS AND TO REMOVE A LOYALTY OATH, AMONG OTHER THINGS; TO AMEND SECTION 59-29-130, RELATING TO THE REQUIREMENT THAT THESE SUBJECTS BE GIVEN FOR AT LEAST ONE YEAR, SO AS TO REVISE THE REQUIREMENT FOR COLLEGES AND UNIVERSITIES; AND TO REPEAL SECTION 59-29-140 RELATING TO THE ROLE OF THE STATE SUPERINTENDENT OF EDUCATION TO ENFORCE THESE STUDY REQUIREMENTS AND PRESCRIBE SUITABLE TESTS, AND SECTION 59-29-150 RELATING TO PENALTIES FOR FAILING TO COMPLY WITH THESE PROVISIONS.
Referred to Committee on Education and Public Works

S. 882 (Word version) -- Senator Rankin: A BILL TO ADOPT REVISED CODE VOLUMES 15A AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE


Printed Page 1040 . . . . . Wednesday, January 24, 2018

STATE; AND TO ADOPT THE 2017 CUMULATIVE SUPPLEMENTS TO THE CODE OF LAWS AS PART OF THE CODE AND PROVIDE THAT THESE SUPPLEMENTS, VOLUMES AS SUPPLEMENTED BY THEM, AND THE REPLACEMENT VOLUMES CONSTITUTE THE ONLY GENERAL PERMANENT STATUTORY LAWS OF THE STATE AS OF JANUARY 1, 2018.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

Rep. BURNS moved that the House recede until 6:45 p.m., which was agreed to.

JOINT ASSEMBLY

At 7:00 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

H. 4631 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, HENRY DARGAN MCMASTER, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 24, 2018, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Governor Henry McMaster and distinguished party were escorted to the rostrum by Senators Peeler, Reese, Massey, Shealy, Bright-Matthews and Representatives BENNETT, BRYANT, HAMILTON, FUNDERBURK, HENEGAN and PUTNAM. The President of the Senate introduced Governor McMaster, who then addressed the Joint Assembly as follows:

2018 State of the State Address
Governor Henry McMaster
January 24, 2018

Mr. Speaker, Mr. President, ladies and gentlemen of the General Assembly, Constitutional Officers, and my fellow South Carolinians:


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I begin tonight by recognizing those South Carolinians in uniform no longer with us -- who gave their lives in the line of duty, and in service to us all.

Corporal James Eric Chapman, of the Johnston Police Department;

Trooper Daniel Keith Rebman, Jr., of the South Carolina Highway Patrol;

Master Deputy Devin Pressley Hodges, of the Anderson County Sheriff's Office;

Officer Jason Gregory Harris, of the Spartanburg Police Department;

Detective Michael Robert Doty of the York County Sheriff's Office;

And Specialist Javion Shavonte Sullivan, United States Army, of Fort Mill, who gave his life in Iraq in support of Operation Inherent Resolve.

To the families and loved ones of these six men, on behalf of all South Carolinians, we share your sadness, honor their service, and wish you strength.

To my wife, Peggy, and my children, Henry and Mary Rogers, and to the members of my Cabinet: I thank you for your support.

Ladies and gentlemen, our State is strong.

Today, we stand at the dawn of a new prosperity. In the history of our great Country, this is our time.

To those generations of South Carolinians who have fought, toiled and labored -- I say: Thank you.

To those of us here tonight who have inherited the richness, beauty and brilliance of this land -- and the fruits of our predecessors' talents and imaginations -- I say: Let us not hesitate, stumble or stall, but let us act.

Let us open our eyes. Let us focus our energies on the vast opportunities which can be ours. Knowing yet, that though they are vast, they are also fleeting.

And to the young ones of today, those born and yet to be born, we pledge to you now that when our work is done, we will be able to say to you:

We have done our best. We have kept the faith. We have accepted the treasures and accomplishments of South Carolina -- enhanced them, built upon them -- and now we give them to you.

May you see our time not as one of petty squabbles, ambitions or bickering -- and not one of favor to friend or punishment of foe -- but one of vision, principled service and sacrifice for you, our children... and yours to come... and theirs.

I am confident that in this Assembly and in others throughout our State, there are men and women of good will and determination who can


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forge the ideas, hopes and dreams of our people today -- and the wisdom of the centuries -- into a force which can lift our State into an era of prosperity, strength and happiness unlike any we have seen before.

So, with the freshness and promise of this new year, let us begin.

In 2017, we announced more than 17,000 new jobs from over 120 economic development projects, with nearly $5 billion in new capital investment.

In this, we welcomed new friends to our South Carolina family, through new businesses or expansions. These companies have placed great faith in our people, as we have in them. Some are here tonight.

Representing Samsung, Mr. Joon So and Mr. Tony Fraley;

Representing Volvo, Ms. Katarina Fjording and Ms. Katherine Yehl;

Representing BMW, Mr. Alfred Haas;

Representing Magna, Mr. Steve Salvatore and Ms. Misti Rice;

And, representing Harbor Freight Tools, Mr. Robby Roberson and Mr. David Matthews.

Ladies and gentlemen, we welcome you to this historic State House.

We have a lot to offer. Our port in Charleston will soon be the deepest on the eastern seaboard. Our two inland ports in Dillon and Greer provide unique logistical strength. And we have three research universities and a world-renowned technical college system.

But newcomers all tell us the same thing: it's our people who make the biggest difference. South Carolina is a "handshake state". When someone from South Carolina gives you their word, they keep it.

My word to you, the people of South Carolina, is that I will do whatever it takes to continue the success we see today, to keep and enhance our competitive edge and build for an even better tomorrow.

The recent Tax Reform Bill signed by President Trump was a great victory for American taxpayers and our economy. Companies have already begun announcing reinvestment and raises for employees.

But with the federal government cutting taxes, it is now more important than ever for us to do our part. I recently unveiled my executive budget, which proposes a $2.2 billion tax cut for every South Carolinian.

The first year's cut amounts to $139 million. To all the South Carolinians listening tonight: that's $139 million that would have gone to government, and will stay with you instead.

Also under my plan, retired veterans, first responders, and law officers will never pay state income taxes on their retirement pay again -- ever.

This tax relief not only enhances their compensation during their retirement years, but also strengthens recruitment and retention. It


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reaffirms the unwavering commitment of South Carolinians to the people who have chosen to serve.

We thank you for your service.

Like Presidents Reagan, Kennedy, and now Trump, I believe that low taxes spur economic growth and prosperity. Yet, South Carolina currently has the highest marginal income tax rate in the southeast -- the 12th highest in the Nation. Seven states have no income tax at all. Taxes of all kinds at all levels add up -- little by little -- to smother growth.

We must act. We must heed the lessons of history. We must respect the right of the people to their own money, for their own purposes, according to their own priorities.

Today, the nations of the world are transitioning into a new kind of economy. Information, goods, and services are moving with lightning speed. Language is no barrier and neither is distance. Workers who previously carried tool boxes now carry tablets.

In South Carolina, our workforce must keep pace with our own success. Despite our low unemployment rate, we still have an estimated 60,000 jobs available throughout the State. That number is expected to grow -- good paying jobs.

We must invest in our workforce development institutions. Fortunately, we have the talent, vision and means to do just that.

Dr. Tim Hardee is here tonight representing the South Carolina Technical College System, the engine of our economic and workforce development.

We should use this magnificent system to the fullest extent. To that end, I'm calling for the creation of the South Carolina Workforce Partnership.

This new initiative will connect businesses with high schools and technical colleges to collaborate on internships, dual credit and certificate programs for students interested in the skilled trades -- focused on rural areas of our State.

My budget also increases funding for Workforce Scholarships and Grants -- so that more students can access the financial resources to obtain certificates and associate's degrees at our technical colleges.

Just as we cannot have a thriving economy without an educated workforce, we cannot have a productive educational system without economic growth. When a school district prospers, the schools in that district prosper.

We know that South Carolina has some of the best educators in the Country. We have with us tonight the 2017 National Principal of the Year, Dr. Akil Ross from Chapin High School.


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Dr. Ross represents the kind of educator we must have; men and women who are not just good teachers, but role models as well.

I recently visited most of the school districts in the Abbeville case. One thing is clear: the words "minimally adequate" bear absolutely no relation to our aspirations for our children.

So what do we want? And what must we do?

We want a multifaceted system, anchored by traditional public schools boasting the best teachers, principals, and technologies. We want charter schools -- all public -- to flourish, including those for children with special needs. Parents want vigorous, accountable, innovative school choice.

So how do we accomplish this?

After meeting with educators, parents, and students with this question in mind, I offer these observations:

Poverty is the enemy of education; some of our children, through no fault of their own, live in circumstances so bleak that intellectual stimulation and learning are but fleeting experiences. Ultimately, gainful employment of the parents or adults in the home offers the surest deliverance of the child into educated society.

But economic development often comes slowly, and is easily outpaced by the child's birthdays. What can be done in the meantime?

Good teachers and good principals clearly are the key to success. There is rarely a child who will not or cannot be taught. The key is not trying to pour knowledge in, but rather opening eyes and imaginations and letting eagerness and fascination out. A good teacher can do this.

Clemson's Call Me MISTER program works to increase the pool of available teachers and principals from diverse backgrounds. My executive budget invests more for this important initiative.

But our work will require systemic reforms.

The Abbeville Court's observation about administrative costs being disproportionate to school district size remains both accurate and astute. Spiraling administrative costs have a direct impact on educational outcomes. Consolidating small districts will reduce costs, limit duplication and put more money and resources where they belong: in the classrooms.

A Department of Education study recently identified up to $338 million in savings over five years if consolidation efforts are undertaken. We must realize such savings -- in school districts and across all of state government.

Recruiting new jobs and economic investment will do more to improve educational opportunity than simply sending money from


Printed Page 1045 . . . . . Wednesday, January 24, 2018

Columbia. Yet, students must have the resources to reach their full potential. My executive budget invests in "base student cost" for South Carolina's public schools, and provides $3.3 million to train new computer science and coding teachers for classroom instruction in every school in the State.

This will help us align our educational system with the technological necessities of the new economy.

We must continue to invest in school choice. A robust charter school program allows parents to choose the education opportunities that best suit their children. With the entry of Erskine College as a new charter authorizer, we are expanding choice across the State.

My executive budget increases per-pupil funding for charter schools, and establishes a transportation program to reduce barriers to access.

Last year, the House and Senate passed their own versions of legislation which would bring more accountability to our education system by making the Superintendent of Education a cabinet-level position. The General Assembly has debated this for years. Now, you have the legislation before you -- again. I urge you to pass it this year.

Teachers cannot teach and students cannot learn when distracted or threatened. Too often we have seen crime and violence find their way into our classrooms. A safe learning environment can be enhanced by the presence of a certified, trained police officer as a shield against disruption and tragedy.

My budget provides $5 million for a need-based grant program to place these officers in schools. I ask each member of the General Assembly to work with me to station a trained police officer in every school, in every county, on every campus, all day, every day.

Prosperity requires law and order. We cannot tolerate lawlessness. That means we must say "no" to "sanctuary cities".

Right now, there is no way for the people of South Carolina -- or elsewhere -- to know for sure whether our local governments are following state and federal immigration laws.

Experience shows that a refusal to enforce one law generally reflects a softness in enforcing other criminal laws, and attracts criminal behavior.

Our rule is "trust, but verify." I thank Representative Bruce Bannister and Senator Rex Rice for introducing Bills which would create an enforcement mechanism to register compliance. This legislation will make our position clear. I ask the General Assembly to pass it immediately.


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We will keep our people safe, and send a message across the Nation that there will be no "sanctuary cities" in South Carolina.

We also face threats from inside our prisons. Today, cell phones are so concealable and available that they have revolutionized criminal activity. With cell phones smuggled inside the prison or secretly thrown over the wall, inmates and their conspirators on the outside can practice extortion, conduct blackmail, plan and execute "hits", operate drug rings, and run any number of fraud schemes. It is as though they never got caught.

Bryan Stirling, our Director of the Department of Corrections, is leading the national effort to repeal the federal law which prohibits us from jamming these phone signals. Until we accomplish that, we must take every action, try every idea and implement any law which will stop these criminals. I ask for your determined assistance.

Another threat we now face comes in pill form. The opioid epidemic is affecting every state in the Country. But it's not a typical crime problem; it's a crisis born of human pain and suffering.

54% of the pills on the street come from your neighbor's medicine cabinet in an unused prescription of too many pills.

For the last three years, we had more opioid-related deaths in South Carolina than homicides and drunk driving deaths combined. In 2016, this "silent hurricane" killed 616 people.

And it's not just pills. Addictions intensify from one substance to another. From 2014 to 2016, heroin deaths increased 67%. Since 2015, SLED has seen a more than 700% increase in the number of cases involving fentanyl-related compounds.

We must take a bold new approach to this unprecedented threat. It consists of a "full court press", including awareness, information, and treatment.

Last month, I declared a statewide public health emergency in South Carolina. This allows us to bring the full power of the State's emergency management infrastructure, health care apparatus and law enforcement resources to bear -- as a single team -- upon the growing epidemic of opioid deaths, addiction, and abuse.

A comprehensive, informational website has been established. Doctors are warning patients that opioids which make the procedure pain-free may also make the patient an addict. Disposal protocols are being enshrined. Our task force is scouring the Country for ideas that work -- and we will produce results.

In addition, my executive budget provides more than $10 million for treatment, prevention and education.


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I'd like to take a moment to recognize a man who has demonstrated inspirational leadership and courage in challenging the opioid crisis -- Representative Eric Bedingfield. Mr. Bedingfield retired last week after ten years in the House of Representatives. Today, I had the honor of presenting him with the Order of the Palmetto on behalf of five million grateful South Carolinians, but the sentiment bears repeating.

Eric, thank you for your service to the State of South Carolina.

The most important function of government is providing for the safety and security of the people. That extends to all life -- born and unborn, young and old.

I believe that human life begins at conception. That's why, in August, I directed state agencies to stop providing state funds to abortion clinics.

This right to life is the most precious of rights -- and the most fragile. We must never let it be taken for granted.

Nor can we take for granted our precious natural resources which define and sustain us, from the mountains to the sea.

South Carolina's beaches, sea islands, and marshes are the most beautiful in the Nation, bringing 29 million people to South Carolina every year and supporting a $20 billion tourism industry.

From Little River and Myrtle Beach, to Georgetown and Charleston, to Hilton Head and Beaufort and Daufuskie Island, our economy and culture depend on a living, pristine coastline. Every municipality along our coast has voted to oppose drilling and seismic testing. They are right.

With offshore drilling comes the construction of onshore infrastructure -- refineries, gas storage tanks, maintenance and operating facilities, trucks and traffic. We have no place to put it. It is incompatible with everything we have and do on our coast.

Oil spills, like hurricanes, can disrupt and damage a state's economy. We cannot stop hurricanes, but we can avoid oil spills. We cannot take a chance. We must do whatever it takes to preserve this economic paradise we call "the beach, the marsh, the coast, and the lowcountry". It is made of gold.

South Carolinians must be able to trust those they elect to represent them.

Two years ago, Governor Haley commissioned Attorney General Travis Medlock and me to co-chair the Ethics Reform Commission. Our group proposed sweeping reforms -- some of which have been implemented, some not. My goal as Governor is to see them all implemented.


Printed Page 1048 . . . . . Wednesday, January 24, 2018

That means stronger and expanded investigative authority for the State Ethics Commission -- to obtain, verify and investigate campaign finance disclosures and statements of economic interest.

It means requiring legislators to recuse themselves from participating when conflicts exist. And it means everyone complying with the Freedom of Information Act.

Today, the Legislature is shielded from Freedom of Information Act requests. That destroys public confidence. This exemption must end.

But ethics reform doesn't start and stop at the State House. It extends to every city hall, county council and school district. Ironically, these government bodies which are closest to the people conduct business with the least transparency of all.

For example, citizens have no way of knowing who is being paid to lobby to raise their school millage rates, change zoning laws or obtain easements across their backyard.

I ask you to join me in making sure that anybody who is paid to lobby county councils, city councils, school boards or anything else be required to register as a lobbyist.

You send me the Bills to strengthen the public's trust in government, and I will sign them.

We must also earn the public's trust every day in deciding whether to spend their money. State government can no longer afford to buy, maintain and repair buildings and vehicles which wear out and depreciate. We should not own many of them in the first place.

So, my executive budget requires state agencies to save money by leasing, renting, and consolidating administrative services through the Department of Administration. It also establishes a new property management process to provide for maximum efficiency in the use of those facilities we do own, and those we lease in the future.

A recent report from the department showed that by consolidating IT services, we saved over $14 million in twelve months.

Another example: a year ago, agents at Probation, Parole and Pardon Services needed more vehicles -- sometimes they were assigned three to a car. Director Jerry Adger saw his chance. Instead of buying vehicles, he leased them from the state fleet, and was able to get twice as many cars -- for half the cost.

There's no reason we cannot extend this "shared services" model across other agencies with similar functions -- human resources, accounts payable, procurement, budgeting, reporting and maintenance.

Here's the point: Let's let the taxpayers keep their money.


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This Session, we must take further action to address the ongoing crisis in our pension system. We are now facing a $24 billion unfunded liability which threatens our long-term stability.

In April, we enacted legislation increasing employee and employer contributions for the South Carolina Retirement System and the Police Officers Retirement System. This was the only way to immediately begin reducing this unfunded liability. Now we must finish our work.

I believe we must close the current "defined benefit plan" and move to a "defined contribution plan" for new employees. And, as I asked the Joint Committee on Pension Systems Review, we should consider: enhanced contributions which recognize employees' years of service, the elimination of unfunded cost-of-living adjustments and raising the age of retirement eligibility.

We must maintain our commitment to the many people who rely on our state retirement systems. We must protect the taxpayers from bearing the financial burden caused by delay. And we must do it now, before this Body adjourns.

South Carolina's bright economic future and continued job growth require an abundant supply of clean and affordable energy. Without it, we are at a competitive disadvantage.

Santee Cooper's and SCANA's decisions to suspend and abandon the construction of two nuclear reactors at the V.C. Summer Nuclear Station require us to take action immediately, but carefully.

Customers of Santee Cooper and SCANA have already paid billions for this project. Now, they face the prospect of also being charged for years in the future for reactors which may never be completed. This cannot happen.

We must carefully assess our situation. We must construct the best possible solution. The customers must either get the reactors or get their money back.

On Friday, the Office of Regulatory Staff produced an independent audit which contradicted the bleak scenario painted by SCANA's executives, concluding SCANA's bankruptcy to be "unlikely" if the Base Load Review Act is reformed.

In light of this new information, it is plainly irresponsible to allow SCANA or any prospective purchasers to continue collecting money from customers for this project. Send me a Bill that replaces the Base Load Review Act and prevents ratepayers from being charged in the future for the abandoned reactors, and I will sign it. Send me a Bill that continues to place the financial burden of this corporate failure on South Carolina ratepayers, and I will veto it.


Printed Page 1050 . . . . . Wednesday, January 24, 2018

The interests of the ratepayers must come first.

Unlike SCANA, Santee Cooper has no stockholders to bear part or all of this debt. Santee Cooper is owned by the State. It is currently saddled with $4.3 billion in debt from this project alone, with nothing to show for it. It also has another $4 billion in other debt.

This debt will have to be paid. But it won't be paid from the sale of power from these two unfinished nuclear reactors. Santee Cooper will have no choice but to raise rates on customers. Their largest customer, the electric cooperatives, will be required to pay roughly 70% of it for the next 30 years.

The only feasible solution suggested so far is the sale of Santee Cooper.

As you know, I have been meeting with several companies which have expressed serious interest in buying Santee Cooper. Some have made proposals. Its value is well recognized.

I have informed all of these interested purchasers that the State will not consider any proposal which saddles the customers or taxpayers with Santee Cooper's debt.

There are powerful market and competitive forces at play here, as well as economic and legal consequences. All of us in this room have to be deliberate and wise. But being deliberate and wise does not mean we have to be tentative. We have to make the best decisions for the people, both now and for generations to come. I have great confidence in our people and our future.

There are other things we must do.

We must encourage the spirits of charity and volunteerism among our people, organizations and institutions, including our houses of worship, because government cannot and should not attempt to be all things to all people.

We must promote and celebrate excellence wherever we find it, whether in academics, industry, athletics or art, because excellence in one thing begets excellence in another.

And we must approach our duties not with the goal of managing scarcity but of creating abundance.

Above all, I ask that we reaffirm our commitment to being smart, innovative and doing more with less. Let the taxpayers keep more and more of their money. Let us build a state government which is efficient, transparent and accountable, and let our service be distinguished by wisdom, vision, and steady hands.


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As I close, I am reminded that the scriptures tell us to be awake, for we know neither the day nor the hour in which the moments of opportunity will come. I believe such moments are here. This is our time.

So, let us seize this day, and each which follows. Let us recognize that there is no power in a small idea.

And let us resolve to serve the people of South Carolina in ways uncommon, to build a new prosperity for generations to come -- which, in their turn, they can build upon -- and which will be recorded as the fulfillment of our highest hopes and duties. And let us always be proud of South Carolina.

May God bless you and make his light shine upon you. And may God bless South Carolina, and may God bless the United States of America.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 7:52 p.m. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4646 (Word version) -- Reps. Bryant, Pope, Simrill, Delleney, Felder, King, D. C. Moss, V. S. Moss and B. Newton: A CONCURRENT RESOLUTION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY DETECTIVE MICHAEL R. DOTY OF THE YORK COUNTY SHERIFF'S OFFICE IN THE LINE OF DUTY AND TO EXPRESS TO HIS FAMILY THE DEEPEST SYMPATHY AND APPRECIATION OF A GRATEFUL STATE FOR HIS LIFE, SACRIFICE, AND SERVICE.


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ADJOURNMENT

At 7:55 p.m. the House, in accordance with the motion of Rep. WHEELER, adjourned in memory of former Representative Isaac C. Joe, to meet at 10:00 a.m. tomorrow.

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