Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Isaiah 1:18a
"Come now let us reason together, says the Lord."
Let us pray. Almighty and holy God, You are the truth that we seek; You are the way that we wish to follow and You are the source of all that gives meaning to life. Yet on our own we sometimes find it difficult to know what is even reasonable as we seek to follow Your Word. If Your answers were clear in all matters of faith and practice, I guess we would all attend the very same church and worship in perfect harmony. But we don't. Not even in this Chamber can there be consistent agreement especially on matters of conscience. No matter whether we win or lose, help us to know that You love our advisaries and You love our supporters equally. Strengthen us with the knowledge that Your timetable is not always our timetable; but that truly You have the power to make all things work together for good. In Your holy name we pray, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator LEATHERMAN moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Allen Bennett Campbell Cash Corbin Cromer Davis Fanning Gambrell Gregory Grooms Johnson Leatherman Malloy Martin Massey Peeler Rice Sabb Senn Setzler Shealy Timmons Turner Verdin
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Reappointment, Dillon County Part-Time Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Mackie Hayes, P. O. Box 1204, Dillon, SC 29536
Reappointment, Marion County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Danny Barker, 2715 East Highway 76, Suite B, Mullins, SC 29574-6015
Initial Appointment, Fairfield County Part-Time Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Russell Feaster, 396 Dawkins Rd., Blair, SC 29015-8925 VICE Russell Price
The following was received:
Document No. 4775
Agency: Office of the Attorney General
Chapter: 13
Statutory Authority: 1976 Code Sections 35-11-100 et seq.
SUBJECT: South Carolina Anti-Money Laundering Act
Received by Lieutenant Governor January 9, 2018
Referred to Committee on Banking and Insurance
Legislative Review Expiration May 9, 2018
Withdrawn and Resubmitted April 18, 2018
Senator CROMER assumed the Chair.
At 12:22 P.M., on motion of Senator PEELER, the Senate receded from business not to exceed 15 minutes.
At 1:08 P.M., the Senate resumed.
The PRESIDENT assumed the Chair.
Senator HUTTO rose for an Expression of Personal Interest.
On motion of Senator SCOTT, with unanimous consent, Senators TIMMONS, TALLEY and SCOTT were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.
Senator PEELER rose for an Expression of Personal Interest.
Senator HUTTO assumed the Chair.
Senator SENN rose for an Expression of Personal Interest.
Members of the Senate, I wanted to take a minute to address something that is to me very uncomfortable. Several weeks ago, I took to the podium, as was my right, to complain about that fact that vote trading in our Body should not be allowed. But when I spoke, I was admittedly upset that my Bill, aimed at stopping school shootings before they occur, was killed. I'm still upset about it, but what I did and how I did it was not right. I feel the need to apologize for two things.
First, I spoke in anger. I lashed out rather than pointing out that our rules should change so that abuses do not occur. Because our rules are what they are and just because I may not agree with them, that does not give me the right to breach the decorum of this honorable Body. So for speaking in anger, I apologize, especially to Senator MALLOY.
Moreover, it has been brought to my attention that as an unintended consequence that may have occurred after my complaint about vote trading was made, the perception of the public might have been to think that these occurrences are common place. I have never said such and to clarify, the overwhelming majority of Senators in this Body work fairly and honorably with each other in negotiations. We sometimes agree and often we disagree and that is expected, but we work together towards solutions. And my complaint was not at all about the Body as a whole.
Now I do not apologize for shedding light on abuses of the rules that occur in the Senate which in my view hamstring us from doing the work of the Senate. The people of Charleston and Dorchester did not elect me to basically do the will or the bidding or be silenced by Senators simply because they are senior to me. They elected me to have a voice and not to be healed on matters that are important to our area and our State. But to the extent I use my voice and that it was interpreted to reflect poorly on any one Senator or the Body as a whole, I offer my sincere and heartfelt apology because nothing could be further from the truth. I am hopeful that you will maybe be receptive to a rules changes at a later date that may allow us to work more effectively to pass legislation but until then I sincerely apologize for my part in any recent turmoil and I do hope that this apology will allow us to use our last few weeks in this session productively for the people of South Carolina.
On motion of Senator RICE, with unanimous consent, the remarks of Senator SENN, were ordered printed in the Journal.
Senator CLIMER introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.
At 1:30 P.M., Senator McELVEEN requested a leave of absence for Senator KIMPSON for the day.
At 1:30 P.M., Senator TIMMONS requested a leave of absence for Senator TALLEY for the day.
On motion of Senator SABB, at 1:47 P.M., Senator ALLEN was granted a leave of absence until 2:30 P.M.
At 2:00 P.M., Senator SHEHEEN requested a leave of absence for the balance of the day.
At 3:27 P.M., Senator CROMER requested a leave of absence until Monday, April 23, 2018, at 9:00 A.M.
At 4:18 P.M., Senator McELVEEN requested a leave of absence for Senator JOHNSON for the balance of the day.
At 4:18 P.M., Senator GOLDFINCH requested a leave of absence for Senator VERDIN for the balance of the day.
At 5:53 P.M., Senator SABB, requested a leave of absence for Senator SCOTT for the balance of the day.
H. 5033 (Word version) -- Reps. Hewitt and Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH CAUSEWAY DRIVE (S-22-46) IN GEORGETOWN COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 TO ITS INTERSECTION WITH MYRTLE AVENUE THE "LINWOOD ALTMAN CAUSEWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Senator GOLDFINCH asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator GOLDFINCH asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GOLDFINCH, the Resolution was adopted and ordered sent to the House.
H. 4817 (Word version) -- Reps. Johnson, Hardee, Hewitt, McGinnis, Duckworth, Clemmons, Crawford, Fry and Atkinson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 129 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 501 TO ITS INTERSECTION WITH GOLDEN LEAF ROAD "JAMES BENNY ANDREW HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Senator WILLIAMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator WILLIAMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator WILLIAMS, the Resolution was adopted and ordered sent to the House.
H. 3656 (Word version) -- Reps. Hardee, Hewitt, Crawford, Fry, Anderson, Clemmons, Atkinson, Duckworth, Hayes and Johnson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAY 9 AND HIGHWAY S-26-410 IN HORRY COUNTY "DEPUTY SHERIFF TIMOTHY CAUSEY MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THIS DESIGNATION.
Senator HEMBREE asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator HEMBREE asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator HEMBREE, the Resolution was adopted and ordered sent to the House.
H. 5126 (Word version) -- Reps. Hardee, Johnson, Crawford, Fry, Clemmons, Duckworth, McGinnis, Hewitt, Atkinson, Anderson and Hayes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 378 IN HORRY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 501 TO ITS INTERSECTION WITH EL BETHEL ROAD "LOIS EARGLE HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Senator HEMBREE asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator HEMBREE asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator HEMBREE, the Resolution was adopted and ordered sent to the House.
H. 5156 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO REGULATIONS FOR THE LICENSING OF CHILD CARE CENTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4747, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator YOUNG asked unanimous consent to make a motion to recall the Resolution from the General Committee.
The Resolution was recalled from the General Committee and ordered placed on the Calendar for consideration tomorrow.
H. 5038 (Word version) -- Reps. Atwater, Bradley, Howard, Thayer, Gagnon, Huggins, Hewitt, McGinnis, Hayes, Willis, Spires, Ballentine, G.M. Smith, Sandifer, Norrell, Henderson, Toole, Erickson, Cobb-Hunter, Ott, Ridgeway, McEachern, Douglas, Rutherford, Bernstein, W. Newton, Clary, Anthony, Wheeler, Anderson, Kirby, Alexander, Tallon and Elliott: A BILL TO AMEND SECTION 38-71-2130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A PHARMACY BENEFIT MANAGER, SO AS TO ESTABLISH PROHIBITED ACTS FOR A PHARMACY BENEFIT MANAGER.
Senator CROMER asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
The Bill was recalled from the Committee on Banking and Insurance and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1177 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE WEST-OAK HIGH SCHOOL WRESTLERS, COACHES, AND SCHOOL OFFICIALS ON THEIR STELLAR SEASON AND TO HONOR THEM FOR WINNING SIX INDIVIDUAL STATE TITLES.
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The Senate Resolution was adopted.
S. 1178 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE OCONEE COUNTY UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND TO CELEBRATE ITS SPECTACULAR ASSETS AND THE NATURAL WONDERS THAT ARE UNIQUE TO THE AREA.
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The Senate Resolution was adopted.
S. 1179 (Word version) -- Senator Martin: A SENATE RESOLUTION TO HONOR CHIEF ROBERT BROWN, SR., FOR HIS ALMOST SIXTY YEARS OF SERVICE WITH THE GLENDALE FIRE DEPARTMENT AND TO EXPRESS GRATITUDE FOR HIS COMMITMENT TO
SELFLESSLY SERVING AND PROTECTING HIS COMMUNITY.
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The Senate Resolution was adopted.
S. 1180 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO HONOR AND CONGRATULATE JULIET CASPER FOR BEING THE FIRST WOMAN FROM NORTH MYRTLE BEACH TO BE NAMED STATE PRESIDENT OF THE GENERAL FEDERATION OF WOMEN'S CLUBS OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1181 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO DECLARE AUGUST 13 THROUGH 19, 2018, AS "IMMUNIZATION WEEK" IN SOUTH CAROLINA AND TO SEEK TO INCREASE THE POPULATION'S AWARENESS OF THE IMPORTANCE OF RECEIVING AGE-APPROPRIATE VACCINATIONS.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1182 (Word version) -- Senators M. B. Matthews and Davis: A SENATE RESOLUTION TO CONGRATULATE OREASE BROWN UPON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
H. 5195 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH MCQUEEN STREET IN THE CITY OF FLORENCE FROM ITS INTERSECTION WITH WEST LUCAS STREET TO ITS INTERSECTION WITH WEST SUMTER STREET "REVEREND EDWARD HEZEKIAH THOMAS WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5261 (Word version) -- Reps. Martin, Alexander, Allison, Anderson, Anthony, Arrington, Atkinson, Atwater, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bowers, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Cole, Collins, Crawford, Crosby, Daning, Davis, Delleney, Dillard, Douglas, Duckworth, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Gilliard, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, King, Kirby, Knight, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, 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 DECLARE MAY 2018 "ELECTRICAL SAFETY MONTH" IN SOUTH CAROLINA AND TO ENCOURAGE ALL CITIZENS TO ESTABLISH AND PRACTICE ELECTRICAL SAFETY HABITS IN THE HOME, SCHOOL, AND WORKPLACE TO REDUCE THE NUMBER OF ELECTRICALLY RELATED FIRES, INJURIES, AND DEATHS.
The Concurrent Resolution was introduced and referred to the Committee on Invitations.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 516 (Word version) -- Senators Gregory and Kimpson: A BILL TO AMEND SECTION 14-17-325 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATED TO CLERKS OF COURT, TO REQUIRE THAT EVERY CLERK OF COURT SHALL REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CASE IN GENERAL SESSIONS, AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND CHAPTER 1, TITLE 22 BY ADDING SECTION 22-1-200 TO REQUIRE MAGISTRATES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE, AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 14 BY ADDING SECTION 14-25-250 TO REQUIRE MAGISTRATES TO REPORT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION WITHIN TEN DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE, AND TO REPORT WITHIN FORTY-EIGHT HOURS THE ISSUANCE OF A RESTRAINING ORDER, ORDER OF PROTECTION, ORDER FOR THE PREVENTION OF POSSESSION OF A FIREARM, CONVICTIONS OR ORDERS RELATED TO DOMESTIC VIOLENCE, AND CONVICTIONS OR ORDERS RELATED TO STALKING, INTIMIDATION, OR HARASSMENT; TO AMEND CHAPTER 1, TITLE 23 BY ADDING SECTION 23-1-250 TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO SLED WITHIN TWENTY-FOUR HOURS, THE FILING OF EACH INCIDENT REPORT, ORDER OF PROTECTION, RESTRAINING ORDER, ANY ORDER OR REPORT RELATING TO AN INCIDENT OF DOMESTIC VIOLENCE, OR ANY INCIDENT IN WHICH A PERSON MAY BE PROHIBITED FROM OBTAINING OR POSSESSING A FIREARM BY STATE OR FEDERAL LAW; TO AMEND TITLE 14 BY ADDING CHAPTER 32 TO CREATE THE JUDICIAL CRIMINAL INFORMATION TECHNOLOGY COMMITTEE, TO ESTABLISH MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE COMMITTEE TO INCLUDE THE STUDY OF, AND TO MAKE RECOMMENDATIONS FOR, THE IMPROVEMENT OF JUDICIAL AND LAW ENFORCEMENT INFORMATION TECHNOLOGY AND REPORTING; TO AMEND CHAPTER 23, TITLE 16 BY ADDING ARTICLE 9, TO REQUIRE THAT NO GUN TRANSFER PRECEDED BY A CRIMINAL BACKGROUND CHECK MAY PROCEED, UNLESS THE CRIMINAL BACKGROUND CHECK HAS CONCLUDED THAT THE SALE MAY PROCEED, OR UNTIL AT LEAST FIVE DAYS HAVE PASSED FROM THE INITIATION OF THE BACKGROUND CHECK AND THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM HAS NOT REPORTED THAT THE SALE WOULD VIOLATE STATE OR FEDERAL LAW, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ARTICLE; AND TO PROVIDE A SUNSET FOR THE FIVE-DAY BACKGROUND CHECK PROVISIONS UPON THE FULL IMPLEMENTATION OF THE REPORTING REQUIREMENTS OF THIS ACT BUT NOT LATER THAN TWO YEARS FROM THE EFFECTIVE DATE OF THE ACT.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3138 (Word version) -- Reps. Stavrinakis, McCoy and Erickson: A BILL TO AMEND SECTION 61-4-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR USE AT FAIRS AND SPECIAL FUNCTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE PERMITS TO SELL BEER AND WINE AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION FOR "FESTIVAL"; AND TO AMEND SECTION 61-6-2000, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE LICENSES TO SELL ALCOHOLIC LIQUOR BY THE DRINK AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION OF "FESTIVAL".
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3139 (Word version) -- Reps. Stavrinakis and McCoy: A BILL TO AMEND SECTIONS 61-4-515 AND 61-6-2016, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO PURCHASE AND SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION AND A BIENNIAL LICENSE TO PURCHASE ALCOHOLIC LIQUORS BY THE DRINK AT A MOTORSPORTS ENTERTAINMENT COMPLEX OR TENNIS SPECIFIC COMPLEX, SO AS TO INCLUDE BASEBALL COMPLEX, AND TO PROVIDE A DEFINITION FOR "BASEBALL COMPLEX".
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
H. 3177 (Word version) -- Reps. Clemmons, G.R. Smith, Bedingfield and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-31-60 SO AS TO REQUIRE THAT ON THE EFFECTIVE DATE OF THIS ACT RECOGNIZED NATIVE AMERICAN INDIAN GROUPS CONTINUE TO BE RECOGNIZED AND ELIGIBLE TO EXERCISE PRIVILEGES AND OBLIGATIONS AUTHORIZED BY THAT DESIGNATION, THAT THE COMMISSION FOR MINORITY AFFAIRS CEASE TO RECOGNIZE ADDITIONAL NATIVE AMERICAN INDIAN GROUPS, THAT ANY REGULATIONS PROVIDING FOR RECOGNITION AS A NATIVE AMERICAN INDIAN GROUP ARE REPEALED, AND THAT THE COMMISSION REVISE ITS REGULATIONS TO PROVIDE FOR THE PRIVILEGES AND OBLIGATIONS OF NATIVE AMERICAN INDIAN GROUPS THAT CONTINUE TO BE RECOGNIZED.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3549 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERMIT ISSUED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR IN PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO PROVIDE THAT THE DECISION-MAKING BODY OF THE LOCAL SCHOOL MUST AFFIRMATIVELY STATE THAT IT DOES NOT OBJECT TO THE ISSUANCE OF A LICENSE.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
H. 4672 (Word version) -- Reps. Elliott, B. Newton, Allison, Felder, Bryant, Putnam, Martin, Arrington, Thigpen, Gagnon, Thayer, Douglas, Govan, Anderson, McGinnis, Huggins, Tallon, Daning, D.C. Moss, Long, Henderson, Mace, Cogswell, West, Chumley, Gilliard, Atwater, J.E. Smith, Bernstein, Jefferson, Williams, W. Newton, Henderson-Myers, Ballentine, Bowers, Weeks and M. Rivers: 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.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4673 (Word version) -- Reps. G.M. Smith, Brawley and Weeks: 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.
Ordered for consideration tomorrow.
Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:
H. 4946 (Word version) -- Reps. Erickson, Bradley, Bowers and M. Rivers: A BILL TO AMEND SECTION 50-5-1005, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SHELLFISH IMPORTATION PERMITS, SO AS TO DELETE THE PROVISION THAT ALLOWS THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE PERMITS TO PERSONS TO POSSESS, PRODUCE, PURCHASE, OR SELL GENETICALLY MODIFIED SHELLFISH, AND THE PROVISION THAT PROHIBITS THE PLACEMENT OF GENETICALLY MODIFIED SHELLFISH IN THE WATERS OF THIS STATE WITHOUT A PERMIT.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
H. 5153 (Word version) -- Rep. Delleney: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN WORKERS' COMPENSATION COMMISSION HEARINGS CONCERNING COMPENSATION PAYABLE, SO AS TO PROVIDE THESE HEARINGS MUST BE HELD IN THE DISTRICTS IN WHICH THE INJURIES OCCURRED INSTEAD OF THE CITIES OR COUNTIES IN WHICH THE INJURIES OCCURRED, AND TO PROVIDE THESE DISTRICTS MUST BE DETERMINED BY THE COMMISSION.
Ordered for consideration tomorrow.
Columbia, S.C., April 18, 2018
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 3698 (Word version) -- Reps. V.S. Moss, Duckworth, Forrest, Hiott and Hixon: A BILL TO AMEND SECTION 50-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GEOGRAPHICAL BOUNDARIES FOR CERTAIN BODIES OF WATER, SO AS TO PROVIDE GEOGRAPHIC BOUNDARIES FOR THE PORTION OF THE INTRACOASTAL WATERWAY LOCATED IN HORRY COUNTY AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 50-5-1556, RELATING TO LOCATIONS WHERE STRIPED BASS MAY BE TAKEN, SO AS TO REVISE THE PERIODS OF TIME WHEN STRIPED BASS MAY BE TAKEN IN VARIOUS BODIES OF WATER; AND TO AMEND SECTION 50-13-230, AS AMENDED, RELATING TO THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, SO AS TO REVISE THE PERIOD OF TIME WHEN STRIPED BASS MAY BE TAKEN WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR LIMITS FOR THE TAKING OF STRIPED BASS WITHIN VARIOUS BODIES OF WATER, TO PROVIDE FOR THE TAKING OF STRIPED BASS IN THE SANTEE RIVER, AND TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF NATURAL RESOURCES TO CONDUCT A STUDY OF THE STRIPED BASS FISHERY ON THE SANTEE AND COOPER RIVER SYSTEMS.
Very respectfully,
Speaker of the House
Received as information.
S. 1161 (Word version) -- Senators Peeler, Scott, Alexander and Verdin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 2, 2018, AS THE TIME TO ELECT A MEMBER TO THE BOARD OF TRUSTEES OF LANDER UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 8, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 9, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 10, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 12, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 14, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 15, WHOSE TERM WILL EXPIRE JUNE 30, 2022; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT, MEDICAL SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT, MEDICAL SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE THIRD CONGRESSIONAL DISTRICT, MEDICAL SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE FOURTH CONGRESSIONAL DISTRICT, LAY SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT, LAY SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE SIXTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; AND THE MEMBER FOR THE SEVENTH CONGRESSIONAL DISTRICT, LAY SEAT, FOR A TERM TO EXPIRE JUNE 30, 2022; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA TO FILL THE TERM OF THE MEMBER FOR THE FIRST JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE THIRD JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE FIFTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE SEVENTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE NINTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE ELEVENTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE TWELFTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; AND THE MEMBER FOR THE THIRTEENTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2022; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE SOUTH CAROLINA STATE UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT, SEAT 1, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT, SEAT 2, FOR A TERM TO EXPIRE JUNE 30, 2020; THE MEMBER FOR THE THIRD CONGRESSIONAL DISTRICT, SEAT 3, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE FOURTH CONGRESSIONAL DISTRICT, SEAT 4, FOR A TERM TO EXPIRE JUNE 30, 2020; THE MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT, SEAT 5, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FOR THE SIXTH CONGRESSIONAL DISTRICT, SEAT 6, FOR A TERM TO EXPIRE JUNE 30, 2020; THE MEMBER FOR THE SEVENTH CONGRESSIONAL DISTRICT, SEAT 7, FOR A TERM TO EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 8, WHOSE TERM WILL EXPIRE JUNE 30, 2020; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 9, WHOSE TERM WILL EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 10, WHOSE TERM WILL EXPIRE JUNE 30, 2020; THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2022; AND THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 12, WHOSE TERM WILL EXPIRE JUNE 30, 2020; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON TO FILL THE TERM OF THE MEMBER FROM THE FIRST CONGRESSIONAL DISTRICT, SEAT 1, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE SECOND CONGRESSIONAL DISTRICT, SEAT 3, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE THIRD CONGRESSIONAL DISTRICT, SEAT 5, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE FOURTH CONGRESSIONAL DISTRICT, SEAT 7, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE FIFTH CONGRESSIONAL DISTRICT, SEAT 9, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE SIXTH CONGRESSIONAL DISTRICT, SEAT 11, FOR A TERM TO EXPIRE JUNE 30, 2022; THE MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT, SEAT 13, FOR A TERM TO EXPIRE JUNE 30, 2022; THE TERM OF THE MEMBER FOR THE AT-LARGE, SEAT 15, WHOSE TERM WILL EXPIRE JUNE 30, 2022; AND THE TERM OF THE MEMBER FOR THE AT-LARGE, SEAT 17, WHOSE TERM WILL EXPIRE JUNE 30, 2022.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4655 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA INSURANCE DATA SECURITY ACT" BY ADDING CHAPTER 99 TO TITLE 38 SO AS TO DEFINE NECESSARY TERMS; TO REQUIRE A LICENSEE TO DEVELOP, IMPLEMENT, AND MAINTAIN A COMPREHENSIVE INFORMATION SECURITY PROGRAM BASED ON THE LICENSEE'S RISK ASSESSMENT AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE SECURITY PROGRAM, TO PROVIDE MINIMUM REQUIREMENTS FOR A LICENSEE'S BOARD OF DIRECTORS, IF APPLICABLE, TO REQUIRE A LICENSEE TO MONITOR THE SECURITY PROGRAM AND MAKE ADJUSTMENTS IF NECESSARY, TO PROVIDE THAT THE LICENSEE MUST ESTABLISH AN INCIDENT RESPONSE PLAN AND TO ESTABLISH CERTAIN REQUIREMENTS FOR THE INCIDENT RESPONSE PLAN, TO REQUIRE A LICENSEE TO SUBMIT A STATEMENT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE ANNUALLY; TO ESTABLISH CERTAIN REQUIREMENTS FOR A LICENSEE IN THE EVENT OF A CYBERSECURITY EVENT; TO REQUIRE A LICENSEE TO NOTIFY THE DIRECTOR OF CERTAIN INFORMATION IN THE EVENT OF A CYBERSECURITY EVENT; TO GRANT THE DIRECTOR THE POWER AND AUTHORITY TO EXAMINE AND INVESTIGATE A LICENSEE; TO PROVIDE THAT DOCUMENTS, MATERIALS, OR OTHER INFORMATION IN THE CONTROL OR POSSESSION OF THE DEPARTMENT MUST BE TREATED AS CONFIDENTIAL AND TO AUTHORIZE THE DIRECTOR TO SHARE OR RECEIVE CONFIDENTIAL DOCUMENTS UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE EXEMPTIONS FROM THE PROVISIONS OF THIS CHAPTER; TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS.
The Senate proceeded to a consideration of the Bill.
The question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Reese Rice Sabb Scott Setzler Shealy Timmons Turner Verdin Williams Young
Total--0
PRESENT
Cash
H. 4656 (Word version) -- Reps. Sandifer and Spires: A BILL TO AMEND SECTION 38-9-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSURANCE CREDITS, SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ADOPT ADDITIONAL REQUIREMENTS FOR REINSURANCE CREDITS, TO REQUIRE A REINSURER TO DEMONSTRATE IT HAS ADEQUATE FINANCIAL CAPACITY TO MEET ITS REINSURANCE OBLIGATIONS TO QUALIFY FOR A CREDIT, TO ALLOW FOR THE REDUCTION OF A TRUSTEED SURPLUS FOR AN ASSUMING INSURER WHO HAS PERMANENTLY DISCONTINUED UNDERWRITING NEW BUSINESS, TO ALLOW FOR CREDIT WHEN REINSURANCE IS CEDED AND ENUMERATE CERTAIN ELIGIBILITY REQUIREMENTS, TO ALLOW FOR AN ASSUMING INSURER WHO IS NOT LICENSED, CERTIFIED, OR ACCREDITED IN THIS STATE TO BECOME ELIGIBLE FOR A CREDIT UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE DIRECTOR TO SUSPEND OR REVOKE THE ACCREDITATION OR CERTIFICATION, TO REQUIRE AN INSURER TO MANAGE ITS REINSURANCE RECOVERABLES PROPORTIONATE TO ITS BOOK OF BUSINESS, AND TO AUTHORIZE THE DIRECTOR TO ADOPT RULES AND REGULATIONS; AND TO AMEND SECTION 38-9-210, RELATING TO LIABILITY REDUCTIONS FOR REINSURANCE, SO AS TO AUTHORIZE THE DIRECTOR TO ADOPT ADDITIONAL REQUIREMENTS FOR AN ASSET OR REDUCTION FROM LIABILITY FOR REINSURANCE CEDED BY A DOMESTIC INSURER AND TO EXPAND THE ACCEPTABLE FORM OF SECURITY FOR A LIABILITY REDUCTION.
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 OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE GENERAL PERMITS UNDER CERTAIN CIRCUMSTANCES.
H. 4488 (Word version) -- Reps. Henderson, Fry, Hewitt, West, Spires, Atwater, Erickson, Norrell, Weeks, Douglas, Dillard, Ridgeway and Huggins: A BILL TO AMEND SECTION 44-53-1650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO PERSONS AUTHORIZED TO HAVE ACCESS TO DATA MAINTAINED IN THE PRESCRIPTION MONITORING PROGRAM, SO AS TO AUTHORIZE CORONERS, DEPUTY CORONERS, MEDICAL EXAMINERS, AND DEPUTY MEDICAL EXAMINERS IN CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill.
Senator MALLOY proposed the following amendment (4488R001.KMM.GM), which was adopted:
Amend the bill, as and if amended, page 2, by striking line 17 and inserting:
/ medical examiner who is involved in a specific inquiry /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
The question being the third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Timmons Turner Verdin Williams Young
NAYS
Total--0
There being no further amendments, the Bill was read the third time and ordered returned to the House.
The following Bill was read the third time and ordered returned to the House with amendments.
H. 3699 (Word version) -- Reps. Putnam, Whipper, Brown, Knight, Henegan and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 63-7-765, 63-7-770, AND 63-9-80 SO AS TO ALLOW FOR THE DISCLOSURE OF PERSONAL HEALTH INFORMATION ABOUT A CHILD TO CERTAIN CAREGIVERS AS PART OF CHILD PROTECTION OR ADOPTION PROCEEDINGS; TO AMEND SECTION 63-7-390, RELATING TO MANDATED REPORTER IMMUNITY FROM LIABILITY, SO AS TO ADD IMMUNITY PROTECTIONS; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE OR NEGLECT RECORDS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RELEASE RECORDS CONTAINING PERSONAL HEALTH INFORMATION ABOUT THE CHILD TO CERTAIN CAREGIVERS; AND TO AMEND SECTION 63-7-2370, RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION ABOUT A FOSTER CHILD TO A FOSTER PARENT AT THE TIME OF PLACEMENT, SO AS TO MAKE CONFORMING CHANGES.
S. 1160 (Word version) -- Senators Campsen, Kimpson, Goldfinch, Campbell, Bennett, Grooms, M.B. Matthews and Senn: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES MAY ESTABLISH COMPENSATION FOR BOARD MEMBERS IN AN AMOUNT UP TO EIGHT HUNDRED DOLLARS PER MONTH, AND NINE HUNDRED DOLLARS PER MONTH FOR THE CHARLESTON COUNTY SCHOOL BOARD CHAIRMAN, AND TO PROVIDE THAT ANY COMPENSATION AMOUNT ESTABLISHED BY THE BOARD OF TRUSTEES MUST NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR BOARD MEMBERS.
The Senate proceeded to a consideration of the Bill.
Senator BENNETT explained the Bill.
The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
H. 4832 (Word version) -- Reps. Funderburk and J.E. Smith: A BILL TO AMEND SECTION 63-11-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THAT THE MEMBERS OF AT LEAST ONE LOCAL REVIEW BOARD IN THE FIFTH JUDICIAL CIRCUIT BE APPOINTED BY THE KERSHAW COUNTY LEGISLATIVE DELEGATION.
The Senate proceeded to a consideration of the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Timmons Turner Verdin Young
Total--0
The Bill was read the second time, passed and ordered to a third reading.
H. 4683 (Word version) -- Reps. Hewitt, Fry, Erickson, Clemmons, Duckworth, Yow, Martin, Hardee, Johnson, McGinnis, Crawford, Anderson, Herbkersman, Sottile, Hixon, Taylor, Arrington, D.C. Moss, Atwater, S. Rivers, Mace, Lucas, Bradley, Elliott, Atkinson, Bannister, Loftis, Williams, Jefferson and Hamilton: 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.
The Senate proceeded to a consideration of the Bill.
Senator CAMPSEN proposed the following amendment (CZ\4683C001.NBD.CZ18), which was adopted:
Amend the committee report, as and if amended, page [4683-2], by striking lines 7 through 9 and inserting:
/ (c) the location of the proposed October 6, 2017, baseline as revised by the department pursuant to a review or an appeal initiated before January 1, 2018. /
Amend further, page [4683-2], by striking lines 21 through 25 and inserting:
/ After that revision, The baseline baselines and setback line lines must be revised established anew during establishment cycles that are not less than every seven years, but not more than every ten years after each preceding revision following a previous establishment cycle and must be based upon the best available data. The department shall /
Amend further, by striking lines 38 on page [4683-3] through line 3 on page [4683-4] and inserting:
/ (B) Notwithstanding the provisions of subsection (A) and Section 48-39-280, if the department, pursuant to a review or an appeal initiated before January 1, 2018, revises the baseline proposed on October 6, 2017, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline and revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line." /
Amend further, page [4683-4], by striking lines 9 through 37 and inserting:
/ SECTION __. Section 48-39-250(6) of the 1976 Code is amended to read:
"(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it."
SECTION __. Section 48-39-260(2) of the 1976 Code is amended to read:
"(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;"
SECTION __. Section 48-39-350(A)(9) of the 1976 Code is amended to read:
"(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;"
SECTION __. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 14, 2020.
SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then 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. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
The Committee on Agriculture and Natural Resources proposed the following amendment (4683R006.DR.DBV), which was adopted:
Amend the bill, as and if amended, page 4, by striking lines 40 through 41 and inserting:
/ position on December 31, 2017. /
Amend the bill further, as and if amended, page 4, by striking lines 33 through 34 and inserting:
/ "Section 48-39-280. (A) A forty year policy of retreat from the shoreline beach preservation is established. The department must implement this policy /
Amend the bill further, as and if amended, page 5, by striking line 14 and inserting:
/implementation of the retreat beach preservation policy, the department, as part of the /
Amend the bill further, as and if amended, page 5, by striking line 27 and inserting:
/ (4) A baseline established pursuant to this section must not move seaward from the most seaward location of the following:
(a) the location of the baseline as established during the 2008 through 2012 establishment cycle;
(b) the location of the baseline as proposed by the department on October 6, 2017; and
(c) the location of the baseline as revised pursuant to a review or an appeal of the proposed October 6, 2017, baseline initiated before January 1, 2018.
(B) To implement the retreat beach preservation policy provided for in subsection /
Amend the bill further, as and if amended, page 5, line 34, by striking Section 48-39-280(C) in its entirety and inserting:
/ (C) The department, before July 3, 1991, must establish a final baseline baselines and setback line lines for all geographic areas where baselines and setback lines were established on or before January 31, 2012 each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline baselines and setback line lines must be revised established anew during establishment cycles that are not less than every seven years, but not more than every ten years after each preceding revision following the establishment cycle and must be based upon the best available data. The department shall establish the baseline and setback line for all locations where the baseline and setback line were established on or before January 31, 2012. Nothing in this section allows the seaward movement of the baseline after December 31, 2017. In the establishment and revision of the baseline and setback line, the department must transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department must hold one public hearing before establishing the final baseline and setback lines. Until the department establishes new baselines and setback lines for a geographic area, the existing baselines and setback lines for the geographic area must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section. /
Amend the bill further, as and if amended, page 6, by striking lines 38 through 40 and inserting:
/ (ii) make readily available to the public, including on the department's website, the information and raw data that the department used to determine the locations of the proposed baselines and setback lines and explanations for these determinations; /
Amend the bill further, as and if amended, page 7, by striking lines 33 through 42 and inserting:
/ (4) If an erosion zone incurs extraordinary erosion due to the impact of a storm system or event named by the National Weather Service after June 1, 2018, then data collected from the erosion zone within eighteen months of the date of impact of the storm system or event must not be used to locate the crests of primary oceanfront sand dunes or to establish baselines pursuant to subsections (A)(1) and (A)(3). /
Amend the bill further, as and if amended, page 9, by striking line 19 and inserting:
/ (5) The landowner or the county, municipality, or organization/
Amend the bill further, as and if amended, page 9, line 32, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. A. Chapter 39, Title 48 of the 1976 Code is amended by adding:
"Section 48-39-285. (A) Notwithstanding the provisions of Section 48-39-280, the department must initiate a new baseline cycle by no sooner than January 1, 2024. Until the department establishes a new baseline and setback line affecting a landowner as part of that establishment cycle, the baseline and setback line in effect for the landowner are the most seaward of the following, respectively:
(1)(a) the baseline established during the 2008 through 2012 establishment cycle; or
(b) the baseline proposed by the department on October 6, 2017; and
(2)(a) the setback line established during the 2008 through 2012 establishment cycle; or
(b) the setback line proposed by the department on October 6, 2017.
(B) Notwithstanding the provisions of subsection (A) and Section 48-39-280, if a proposed baseline under review or appeal prior to January 1, 2018, is revised by a consent order or court order, or otherwise by the department, to a location seaward of both the baseline established during the 2008 through 2012 establishment cycle and the baseline proposed on October 6, 2017, then both the revised proposed baseline as well as the revised proposed setback line will be in effect for the landowner until the department establishes a new baseline and setback line."
B. The provisions contained in this SECTION are repealed upon completion of the establishment cycle initiated on or after January 1, 2024. /
Amend the bill further, as and if amended, by adding appropriately numbered new SECTIONS to read:
/SECTION __. Section 48-39-250(6) of the 1976 Code is amended to read:
"(6) Erosion is a natural process which becomes a significant problem for man only when structures are erected in close proximity to the beach/dune system. It is in both the public and private interests to afford the beach/dune system space to accrete and erode in its natural cycle. This space can be provided only by discouraging new construction in close proximity to the beach/dune system and encouraging those who have erected structures too close to the system to retreat from it."
SECTION __. Section 48-39-260(2) of the 1976 Code is amended to read:
"(2) create a comprehensive, long-range beach management plan and require local comprehensive beach management plans for the protection, preservation, restoration, and enhancement of the beach/dune system. These plans must promote wise use of the state's beachfront to include a gradual retreat from the system over a forty-year period;"
SECTION __. Section 48-39-350(A)(9) of the 1976 Code is amended to read:
"(9) a detailed strategy for achieving the goals of this chapter by the end of the forty-year retreat period. Consideration must be given to relocating buildings, removal of erosion control structures, and relocation of utilities;"
SECTION __. The Department of Health and Environmental Control must promulgate regulations to implement the provisions of this act, including regulations that the department will use to locate a primary oceanfront sand dune as defined by Section 48-39-10, by January 8, 2019. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Timmons Turner Verdin Williams Young
Total--0
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 4411 (Word version) -- Rep. Henderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 48-39-40 RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL.
The Senate proceeded to a consideration of the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Timmons Turner Verdin Williams Young
Total--0
The Bill was read the second time, passed and ordered to a third reading.
S. 777 (Word version) -- Senator Senn: A BILL TO AMEND SECTIONS 61-4-515 AND 61-6-2016 OF THE 1976 CODE, RELATING TO PERMITS TO PURCHASE AND SELL BEER AND WINE FOR ON-PREMISES CONSUMPTION AND A BIENNIAL LICENSE TO PURCHASE ALCOHOLIC LIQUORS BY THE DRINK AT A MOTORSPORTS ENTERTAINMENT COMPLEX, TENNIS SPECIFIC COMPLEX, OR BASEBALL COMPLEX, TO INCLUDE SOCCER COMPLEX AND TO PROVIDE A DEFINITION FOR "SOCCER COMPLEX".
On motion of Senator MASSEY, the Bill was carried over.
H. 4434 (Word version) -- Reps. Clary, Elliott, Cogswell, Collins, Henderson-Myers, Felder, Pope, Taylor, Ott, Thayer, Govan, Cole and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 33, TITLE 59 SO AS TO DEFINE NECESSARY TERMS, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PROVIDE A UNIVERSAL SCREENING TOOL FOR USE BY LOCAL SCHOOL DISTRICTS TO SCREEN STUDENTS IN KINDERGARTEN THROUGH SECOND GRADE FOR CHARACTERISTICS OF DYSLEXIA BEGINNING WITH THE 2019-2020 SCHOOL YEAR; TO PROVIDE SPECIFIC ABILITIES THAT THE SCREENING TOOL MUST MEASURE; TO PROVIDE THAT PARENTS AND OTHER CERTAIN PARTIES MAY REQUEST THIS DYSLEXIA SCREENING FOR A STUDENT; TO REQUIRE LOCAL SCHOOL DISTRICTS TO CONVENE SCHOOL-BASED PROBLEM-SOLVING TEAMS TO ANALYZE SCREENING DATA AND PROGRESS MONITORING DATA TO ASSIST TEACHERS IN PLANNING AND IMPLEMENTING APPROPRIATE INSTRUCTION AND EVIDENCE-BASED INTERVENTIONS FOR ALL STUDENTS; TO REQUIRE DYSLEXIA-SPECIFIC INTERVENTIONS FOR STUDENTS INDICATED BY SCREENINGS TO HAVE CHARACTERISTICS OF DYSLEXIA; TO REQUIRE THE DEPARTMENT TO PROVIDE RELATED PROFESSIONAL DEVELOPMENT RESOURCES FOR EDUCATORS; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROMULGATE CERTAIN RELATED REGULATIONS; AND TO CREATE A DYSLEXIA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT IN MATTERS RELATING TO DYSLEXIA.
On motion of Senator MARTIN, the Bill was carried over.
H. 3055 (Word version) -- Reps. Robinson-Simpson, Clyburn, Gilliard, Mack, King and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "RESTORATIVE JUVENILE PRACTICES AND APPROACHES ACT" BY CREATING THE "JUVENILE RESTORATIVE PRACTICES STUDY COMMITTEE" TO REVIEW JUVENILE JUSTICE LAWS AND MAKE RECOMMENDATIONS CONCERNING RELATED REFORMS; AND TO PROVIDE FOR THE COMPOSITION, DUTIES, STAFFING, AND DISSOLUTION OF THE COMMITTEE.
On motion of Senator MALLOY, the Bill was carried over.
S. 759 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW AN EXEMPTION FOR THE DWELLING HOUSE AND ONE ACRE OF LAND FOR A PERSON WITH A BRAIN OR SPINAL CORD INJURY.
On motion of Senator SHEHEEN, the Bill was carried over.
S. 773 (Word version) -- Senator Rice: A BILL TO AMEND SECTION 56-5-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FAILURE TO STOP A MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THIS PROVISION.
On motion of Senator RICE, the Bill was carried over.
S. 982 (Word version) -- Senator Hutto: A BILL AMEND SECTION 56-1-286, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A LICENSE OR PERMIT OR DENIAL OF ISSUANCE OF A LICENSE OR PERMIT TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES AND HAVE A CERTAIN AMOUNT OF ALCOHOL CONCENTRATION, SO AS TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE WHO IS SERVING A SUSPENSION OR DENIAL OF A LICENSE OR PERMIT TO ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM; TO AMEND SECTION 56-1-385, RELATING TO THE REINSTATEMENT OF PERMANENTLY REVOKED DRIVER'S LICENSES, SO AS TO LIMIT APPLICATION TO OFFENSES OCCURRING PRIOR TO OCTOBER 1, 2014; TO AMEND SECTION 56-1-400, RELATING TO SURRENDER OF A LICENSE AND ENDORSING SUSPENSION AND IGNITION INTERLOCK DEVICE ON A LICENSE, SO AS TO REORGANIZE FOR CLARITY, REMOVE THE REQUIREMENT THAT A PERSON SEEKING TO HAVE A LICENSE ISSUED MUST FIRST PROVIDE PROOF THAT ANY FINE OWED HAS BEEN PAID, AND INCLUDE REFERENCE TO THE HABITUAL OFFENDER STATUTE; TO AMEND SECTION 56-1-1090, RELATING TO REQUESTS FOR RESTORATION OF THE PRIVILEGE TO OPERATE A MOTOR VEHICLE, SO AS TO ALLOW A PERSON CLASSIFIED AS AN HABITUAL OFFENDER TO OBTAIN A DRIVER'S LICENSE WITH AN INTERLOCK RESTRICTION IF HE PARTICIPATES IN THE INTERLOCK IGNITION PROGRAM; TO AMEND SECTION 56-1-1320, RELATING TO PROVISIONAL DRIVER'S LICENSES, SO AS TO ELIMINATE PROVISIONAL LICENSES FOR FIRST OFFENSE DRIVING UNDER THE INFLUENCE UNLESS THE OFFENSE WAS CREATED PRIOR TO THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 56-1-1340, RELATING TO THE ISSUANCES OF LICENSES AND CONVICTIONS TO BE RECORDED, SO AS TO CONFORM INTERNAL STATUTORY REFERENCES; TO AMEND SECTION 56-5-2941, AS AMENDED, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO INCLUDE REFERENCE TO THE HABITUAL OFFENDER STATUTE, REMOVE EXCEPTIONS TO IGNITION INTERLOCK DEVICES FOR OFFENDERS WHO ARE NONRESIDENTS AND FIRST TIME OFFENDERS OF DRIVING UNDER THE INFLUENCE WHO DID NOT REFUSE TO SUBMIT TO CHEMICAL TESTS AND HAD AN ALCOHOL CONCENTRATION OF LESS THAN FIFTEEN ONE- HUNDREDTHS OF ONE PERCENT OR MORE, REQUIRE DEVICE MANUFACTURERS PAY CERTIFICATION FEES ASSOCIATED WITH IGNITION INTERLOCK DEVICES, PERMIT THOSE DRIVERS WITH PERMANENTLY REVOKED LICENSES AFTER OCTOBER 2014 TO SEEK RELIEF AFTER FIVE YEARS, AND MAKE THE RECORDS OF THE IGNITION INTERLOCK DEVICES THE RECORDS OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE; TO AMEND SECTION 56-5-2951, RELATING TO TEMPORARY ALCOHOL LICENSES, SO AS TO REQUIRE AN IGNITION INTERLOCK DEVICE RESTRICTION ON A TEMPORARY ALCOHOL LICENSE AND TO DELETE PROVISIONS RELATING TO ROUTE-RESTRICTED LICENSES; AND TO AMEND SECTION 56-5-2990, RELATING TO SUSPENSION OF A CONVICTED PERSON'S DRIVER'S LICENSE AND THE PERIOD OF SUSPENSION, SO AS TO REQUIRE AN IGNITION INTERLOCK DEVICE IF A FIRST TIME OFFENDER OF DRIVING UNDER THE INFLUENCE SEEKS TO END A SUSPENSION.
On motion of Senator MALLOY, the Bill was carried over.
H. 4705 (Word version) -- Reps. Bannister, Elliott, Arrington, Long, Chumley, B. Newton, Martin, Henderson-Myers, G.R. Smith, Trantham, Bryant, Hamilton, Hixon, S. Rivers, Stringer, Brawley and Ballentine: A BILL TO AMEND SECTION 63-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATED REPORTERS OF CHILD ABUSE OR NEGLECT, SO AS TO ADD RELIGIOUS COUNSELORS AS MANDATED REPORTERS.
On motion of Senator SHEHEEN, the Bill was carried over.
S. 431 (Word version) -- Senators Senn, Campsen and Climer: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS OFFENSES INVOLVING WEAPONS, BY ADDING SECTION 16-23-540, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO THREATEN, SOLICIT ANOTHER TO THREATEN, OR CONSPIRE TO THREATEN TO CAUSE DAMAGE, INJURY, OR DEATH OR TO CAUSE DAMAGE TO OR DESTROY A BUILDING OR OTHER REAL OR PERSONAL PROPERTY BY USE OF A FIREARM ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC SCHOOL, COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION OR IN ANY PUBLICLY OWNED BUILDING; TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR; TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION RESULTING IN PROPERTY DAMAGE IS GUILTY OF A MISDEMEANOR; AND TO PROVIDE THAT A PERSON WHO VIOLATES THIS SECTION BY CAUSING INJURY OR DEATH IS GUILTY OF A FELONY.
Senator MALLOY objected to the consideration of the Bill.
H. 5138 (Word version) -- Rep. Lowe: A CONCURRENT RESOLUTION TO RECOGNIZE THE CASEY FELDMAN FOUNDATION AND THE SOUTH CAROLINA ASSOCIATION FOR JUSTICE FOR THEIR OUTSTANDING WORK IN HELPING PREVENT DISTRACTED DRIVING AND TO DESIGNATE APRIL 2018 AS "END DISTRACTED DRIVING" AWARENESS MONTH IN SOUTH CAROLINA.
The Resolution was adopted, ordered returned to the House.
At 1:58 P.M., the PRESIDENT assumed the Chair.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 2:11 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.
HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 954 (Word version) -- Senators Leatherman, Setzler, Massey and Fanning: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RATE FOR CUSTOMERS OF A PUBLIC UTILITY WHO ARE PAYING COSTS ASSOCIATED WITH THE BASE LOAD REVIEW ACT; TO PROHIBIT THE PUBLIC SERVICE COMMISSION FROM HOLDING A HEARING ON THE MERITS FOR A MATTER RELATED TO THE BASE LOAD REVIEW ACT BEFORE NOVEMBER 1, 2018, BUT MUST ISSUE A FINAL ORDER ON THE MERITS BY DECEMBER 21, 2018; AND TO SUSPEND PROVISIONS IN TITLE 58 THAT ARE IN CONFLICT WITH THE PROVISIONS OF THIS JOINT RESOLUTION FOR MATTERS RELATED TO THE V.C. SUMMER NUCLEAR REACTOR UNITS 2 AND 3 UNTIL THE PUBLIC SERVICE COMMISSION ISSUES ITS FINAL ORDER IN THE MATTER.
The House returned the Bill with amendments.
On motion of Senator FANNING, with unanimous consent, Amendment Nos. 1, 2B, 3A, 4A, 5A, and 7 were withdrawn.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senators HUTTO and GROOMS proposed the following amendment (954R024.SP.CBH), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Public Service Commission shall not hold a hearing on the merits for a docket in which requests were made pursuant to the Base Load Review Act before November 1, 2018; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.
SECTION 2. No final determination of these requests, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 1. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission, and a utility must not put into effect the change in rates that it requested in its schedule.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator SETZLER spoke on the amendment.
Senator MASSEY moved to lay the amendment on the table.
The amendment was tabled.
Senator HUTTO proposed the following amendment (954R025.SP.CBH) which was tabled:
Amend the joint resolution, as and if amended, page 8, by striking lines 23-24 and inserting:
/ Commission must enter this order for experimental rates within ten business days after the commission's denial of the proposed merger between Dominion Energy, Inc. and SCANA Corporation. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator MASSEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Davis Fanning Goldfinch Gregory Hembree Leatherman Malloy Massey Matthews, Margie McElveen McLeod Nicholson Rankin Reese Rice Sabb Senn Setzler Shealy Timmons Young
Corbin Gambrell Grooms Hutto Jackson Martin Peeler Verdin Williams
The amendment was tabled.
Senator MASSEY proposed the following amendment (JUD0954.011), which was adopted:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION before SECTION 4 to read:
/ SECTION ___. The Public Service Commission shall order investor-owned utilities to provide to the Office of Regulatory Staff and the Public Service Commission an accounting of their estimated tax savings from January 1, 2018, through December 31, 2018, resulting from the federal Tax Cuts and Jobs Act as expeditiously as possible. The Public Service Commission shall issue an order within fifteen business days after the receipt of this information to provide that investor-owned utility customers receive these estimated tax savings. On March 1, 2019, all investor-owned utilities must submit to the Office of Regulatory Staff and the Public Service Commission the actual tax savings, as well as any related tax benefits received, so that they may have the opportunity to true up the actual savings and benefits received. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
At 4:28 P.M. Senator HUTTO assumed the Chair.
The amendment was adopted.
Senator DAVIS proposed the following amendment (954R027.SP.TD), which was ruled out of order:
Amend the joint resolution, as and if amended, page 9, by adding an appropriately numbered new SECTION to read:
/ SECTION __. In addition to the experimental rate provided pursuant to this joint resolution, and in order to supplement this rate and to further achieve the public policies outlined above, the Public Service Commission shall (1) determine what contract length for power purchase agreements between electrical utilities and qualifying facilities (as defined in the Public Utility Regulatory Policies Act (Pub.L. 95-617, 92 Stat. 3117) (PURPA) is necessary to give such facilities a reasonable opportunity to attract capital; (2) adopt model power purchase agreements for such transactions that contain commercially reasonable terms and conditions, including a prohibition on the uncompensated curtailment of qualifying facilities except as authorized by PURPA; (3) require SCANA to compensate a qualifying facility for all capacity costs avoided by the utility as a result of the construction and operation of the facility; and (4) prohibit SCANA from charging or reducing the price paid to a qualifying facility based on costs incurred by SCANA to respond to the intermittent nature of electrical generation by the facility./
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
Senator CLIMER raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator DAVIS spoke against the Point of Order.
Senator GROOMS spoke against the Point of Order.
Senator LEATHERMAN spoke in favor of the Point of Order.
Senator CLIMER spoke in favor of the Point of Order.
Senator RANKIN spoke in favor of the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator GROOMS proposed the following amendment (954R028.SP.LKG), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Public Service Commission shall not hold a hearing on the merits for a docket in which requests were made pursuant to the Base Load Review Act before November 1, 2018; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order for a docket in which requests were made pursuant to the Base Load Review Act no later than January 31, 2019.
SECTION 2. No final determination of these requests, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 1. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission, and a utility must not put into effect the change in rates that it requested in its schedule.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
Senator MASSEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Davis Fanning Gambrell Goldfinch Gregory Hembree Leatherman Malloy Massey McElveen McLeod Nicholson Rankin Reese Rice Sabb Senn Setzler Shealy Timmons Turner Williams Young
Grooms Hutto Jackson Martin Matthews, Margie Peeler Verdin
The amendment was laid on the table.
Senator GROOMS proposed the following amendment (954R021.SP.LKG), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The Public Service Commission shall not hold a hearing on the merits for a docket in which requests were made pursuant to the Base Load Review Act before November 1, 2018; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.
SECTION 2. No final determination of these requests, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 1. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission, and a utility must not put into effect the change in rates that it requested in its schedule.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY moved to lay the amendment on the table.
The amendment was laid on the table.
At 5:15 P.M., Senator CAMPSEN assumed the Chair.
Senator HUTTO proposed the following amendment (954R026.SP.CBH), which was withdrawn:
Amend the joint resolution, as and if amended, by striking all after the title and inserting:
/ Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The Public Service Commission shall hold a hearing and issue a final order on the merits for a docket in which requests were made pursuant to the Base Load Review Act no later than September 30, 2018.
SECTION 2. Any such final order on the merits issued by the Public Service Commission approving terms proposed and agreed to by any petitioning parties requesting approval of a business combination shall provide for one billion three hundred million in up-front, one-time aggregate rate credits or refunds to eligible customers, to be apportioned based on a reasonable methodology as determined by the Public Service Commission. It is the intent of the General Assembly that a typical residential customer of the utility shall receive a rate credit or refund of no less than one thousand, issued in the form of a check and payable no later than ninety days following the closing date of any utility combination allowed pursuant to the Public Service Commission final order. It is also the intent of the General Assembly that any such final order on the merits provide for overall retail electric rate reductions for the utility's customers of seven percent from 2017 levels (excluding fuel charge adjustments), including the effect of federal tax reform, as well as other commitments, findings and cost recovery directives associated with the customer benefits plan as described in the petition for approval of business combination and related issues filed with the Public Service Commission.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved to withdraw the amendment.
The amendment was withdrawn.
Senator MALLOY proposed the following amendment (JUD0954.013), which was withdrawn:
Amend the joint resolution, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. The Public Service Commission shall not hold a hearing on the merits before November 1, 2018, for a docket in which requests were made pursuant to the Base Load Review Act; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order on the merits for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.
SECTION 2. Any such final order on the merits issued by the Public Service Commission approving terms proposed and agreed to by any petitioning parties requesting approval of a business combination shall provide for $1.3 billion in up-front, one-time aggregate rate credits or refunds to eligible customers, to be apportioned based on a reasonable methodology as determined by the Public Service Commission under the terms and conditions outlined below. It is the intent of the General Assembly that a typical residential customer of the utility shall receive a rate credit or refund of no less than $1,500, issued in the form of a check and payable no later than 90 days following the closing date of any utility combination allowed pursuant to the Public Service Commission final order, with the balance of the aggregate $1.3 billion credit amount to be allocated to non-residential customers. It is also the intent of the General Assembly that any such final order on the merits provide for overall retail electric rate reductions for the utility's customers of 7 percent from 2017 levels (excluding fuel charge adjustments), including the effect of federal tax reform, as well as other commitments, findings and cost recovery directives associated with the customer benefits plan as described in the Petition for approval of business combination and related issues filed with the Public Service Commission.
SECTION 3. This joint resolution takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Senator FANNING spoke on the amendment.
On motion of Senator MALLOY, the amendment was withdrawn.
The Resolution was ordered returned to the House of Representatives with amendments.
After the House voted to cut the entire 18% of the customer's rates, many in the Senate feared that we would end up in a lawsuit. That aside, the reason I did not vote for Senate Amendment No. 11 (which was adopted on March 28, 2018) is that the amendment brought the rate cut to only 13%. I felt as though the rate should have been cut further, based on my recollection of the testimony, that the lying from SCANA officials began in 2010. At that time, they had convinced the PSC to add 3.41% to our bills when the project had already experienced problems. I recognize that at first the project was on solid footing and there were good intentions and efforts. But after the lies began then that's the point where I think the bills should revert. So, I think we should have been striking 14.59% of the rates from the bills. I hoped a further amendment would occur to implement further cuts but it was not successful.
H. 4612 (Word version) -- Reps. Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-262 SO AS TO PROVIDE APPLICANTS FOR GENERAL AND MECHANICAL LICENSURE SUBJECT TO FINANCIAL STATEMENT REQUIREMENTS MAY INSTEAD PROVIDE CERTAIN SURETY BONDS, AND TO PROVIDE REQUIREMENTS CONCERNING THE SURETY BONDS.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator BENNETT explained the amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Total--0
Alexander Allen Bennett Campsen Cash Climer Corbin Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Leatherman Malloy Martin Massey Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Senn Setzler Shealy Timmons Turner Verdin Williams Young
On motion of Senator BENNETT, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Fairfield County Part-Time Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Russell Feaster, 396 Dawkins Rd., Blair, SC 29015-8925 VICE Russell Price
Reappointment, Marion County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Danny Barker, 2715 East Highway 76, Suite B, Mullins, SC 29574-6015
Reappointment, Dillon County Part-Time Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Mackie Hayes, P. O. Box 1204, Dillon, SC 29536
On motion of Senator LEATHERMAN, the Senate agreed to stand adjourned.
On motion of Senator PEELER, with unanimous consent, the Senate stood adjourned out of respect to the memory of former First Lady Barbara Bush. Mrs. Bush was one of the best known and most influential first ladies in American history. She was a champion for literacy and civil rights and was a lifelong volunteer. Mrs. Bush was a loving wife, devoted mother and doting grandmother who will be dearly missed.
MOTION ADOPTED
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Dan Gray of Myrtle Beach, S.C. Dan was a graduate of Clemson University and served in the U.S. Marine Corps Reserve. He was President of Grayco Steel Corporation for more than 50 years. He was owner of the Dan Gray Company, past president of the Chicora Rotary Club, past vice president of the Myrtle Beach Area Chamber of Commerce, past chair of the Horry County chapter of the American Cancer Society and Horry County Planning Commission to mention a few. Dan was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 5:59 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Wednesday, December 5, 2018 at 9:09 A.M.