NO. 17
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 5:2: "Listen to the sound of my cry, my King and my God, for to You I pray."
Let us pray. Almighty God, You who cares for each of these people, protect them from all harm and guide them this day. Give them the tools to do the work required of them. We give thanks for those who give extra time and toil to get the work done. We give thanks for our defenders of freedom and first responders who protect us. May Your mighty hand rest with our Nation, President, State, Governor, Speaker, staff, and all who contribute to the success of this Body. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FINLAY moved that when the House adjourns, it adjourn in memory of Robert Adams VI, of Columbia, which was agreed to.
The House stood in silent prayer for the family and friends of Robert Adams VI.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young Yow
The SPEAKER granted Rep. WHITE a leave of absence for the day.
The SPEAKER granted Rep. HILL a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. HENEGAN a leave of absence for the day due to a family commitment.
The SPEAKER granted Rep. WILLIS a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. DAVIS a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Rep. BANNISTER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 30.
Announcement was made that Dr. Victoria R. Pollard was the Doctor of the Day for the General Assembly.
Reps. HYDE and TALLON presented to the House the Spartanburg High School Girls Relay Swim and Girls Tennis Teams, coaches, and other school officials.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3019 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3031 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3032 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3034 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3035 (Word version)
Date: ADD:
01/31/19 WHEELER
Bill Number: H. 3036 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3037 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3039 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3041 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3043 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3044 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3046 (Word version)
Date: ADD:
01/31/19 CLEMMONS and MURPHY
Bill Number: H. 3054 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3063 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3075 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3078 (Word version)
Date: ADD:
01/31/19 HUGGINS and FORREST
Bill Number: H. 3087 (Word version)
Date: ADD:
01/31/19 CASKEY, BERNSTEIN, THIGPEN, BAILEY and HARDEE
Bill Number: H. 3098 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3109 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3114 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3135 (Word version)
Date: ADD:
01/31/19 ANDERSON, HENDERSON-MYERS and CLEMMONS
Bill Number: H. 3136 (Word version)
Date: ADD:
01/31/19 CLEMMONS, GILLIARD and MOORE
Bill Number: H. 3137 (Word version)
Date: ADD:
01/31/19 R. WILLIAMS, MCDANIEL, MOORE, JEFFERSON, BLACKWELL, BALES, ANDERSON, COGSWELL, B. NEWTON, CLEMMONS, HENDERSON-MYERS, GILLIARD and YOUNG
Bill Number: H. 3150 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3158 (Word version)
Date: ADD:
01/31/19 HARDEE
Bill Number: H. 3159 (Word version)
Date: ADD:
01/31/19 BENNETT
Bill Number: H. 3182 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3202 (Word version)
Date: ADD:
01/31/19 BURNS, CHUMLEY, LONG and LOFTIS
Bill Number: H. 3203 (Word version)
Date: ADD:
01/31/19 CRAWFORD
Bill Number: H. 3248 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3249 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3277 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3294 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3295 (Word version)
Date: ADD:
01/31/19 TRANTHAM
Bill Number: H. 3296 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3298 (Word version)
Date: ADD:
01/31/19 G. R. SMITH
Bill Number: H. 3309 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3322 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3332 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3342 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3355 (Word version)
Date: ADD:
01/31/19 GOVAN and HARDEE
Bill Number: H. 3369 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS and WHEELER
Bill Number: H. 3395 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3404 (Word version)
Date: ADD:
01/31/19 HENDERSON-MYERS
Bill Number: H. 3411 (Word version)
Date: ADD:
01/31/19 CLEMMONS and YOUNG
Bill Number: H. 3417 (Word version)
Date: ADD:
01/31/19 CLEMMONS
Bill Number: H. 3420 (Word version)
Date: ADD:
01/31/19 CLEMMONS and SIMMONS
Bill Number: H. 3472 (Word version)
Date: ADD:
01/31/19 ANDERSON, B. NEWTON, CLEMMONS and LIGON
Bill Number: H. 3576 (Word version)
Date: ADD:
01/31/19 MOORE, GILLIARD, CLEMMONS and JEFFERSON
Bill Number: H. 3615 (Word version)
Date: ADD:
01/31/19 SIMMONS and HOWARD
Bill Number: H. 3621 (Word version)
Date: ADD:
01/31/19 W. COX
Bill Number: H. 3659 (Word version)
Date: ADD:
01/31/19 COBB-HUNTER, NORRELL and GARVIN
Bill Number: H. 3681 (Word version)
Date: ADD:
01/31/19 MARTIN
Bill Number: H. 3759 (Word version)
Date: ADD:
01/31/19 BENNETT, YOUNG and NORRELL
Bill Number: H. 3778 (Word version)
Date: ADD:
01/31/19 BANNISTER, COBB-HUNTER and W. COX
Bill Number: H. 3829 (Word version)
Date: ADD:
01/31/19 COBB-HUNTER, HOWARD, OTT, HENDERSON-MYERS and WHEELER
Bill Number: H. 3832 (Word version)
Date: ADD:
01/31/19 COBB-HUNTER, HOWARD, OTT, HENDERSON-MYERS, GOVAN and WHEELER
The following Bill was taken up: H. 3046 (Word version) -- Reps. Pope, Bryant, Caskey, B. Newton, Wooten, Davis, Murphy and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 ENTITLED "TERRORISM", TO PROVIDE FOR THE OFFENSE OF FURTHERING TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; TO CREATE THE OFFENSE OF MATERIAL OR FINANCIAL SUPPORT OF AN ACT OF TERRORISM OR CONCEALMENT OF THE ACTIONS OR PLANS OF ANOTHER TO CARRY OUT AN ACT OF TERRORISM, DEFINE THE ELEMENTS OF THE OFFENSE, AND TO PROVIDE A PENALTY; AND TO PROVIDE FOR THE SEIZURE AND FORFEITURE OF REAL AND PERSONAL PROPERTY USED IN CONNECTION WITH AN OFFENSE CONTAINED IN THE ARTICLE.
Rep. MURPHY explained the Bill.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3472 (Word version) -- Reps. Murphy, Caskey, Pope, Bryant, Fry, B. Newton, McCoy, Stavrinakis, Ligon, Clemmons and Anderson: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY, SO AS TO INCLUDE THE ATTORNEY GENERAL AND ASSISTANT ATTORNEYS GENERAL IN THE PURVIEW OF THE STATUTE.
Rep. MURPHY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Dillard Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rutherford Sandifer Simmons G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams Wooten Young Yow
Those who voted in the negative are:
Gilliard
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3472. If I had been present, I would have voted in favor of the Bill.
Rep. Jason Elliott
I was temporarily out of the Chamber on constituent business during the vote on H. 3472. If I had been present, I would have voted in favor of the Bill.
Rep. Seth Rose
On motion of Rep. MURPHY, with unanimous consent, it was ordered that H. 3472 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3417 (Word version) -- Reps. Tallon, Wooten, W. Newton, Fry, R. Williams and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 TO CHAPTER 3, TITLE 23 SO AS TO ESTABLISH THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE STATE LAW ENFORCEMENT DIVISION; TO REPEAL SECTION 23-6-60 RELATING TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT ESTABLISHED WITHIN THE DEPARTMENT OF PUBLIC SAFETY; AND TO TRANSFER ALL THE ASSOCIATED EMPLOYEES, AUTHORIZED APPROPRIATIONS, ASSETS, AND LIABILITIES.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3417 (COUNCIL\DG\3417C001.NBD.DG19):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 3, Title 23 of the 1976 Code is amended by adding:
(B) The Illegal Immigration Enforcement Unit is under the administrative direction of the Chief of SLED. The chief shall maintain and provide administrative support for the Illegal Immigration Enforcement Unit. The chief may appoint appropriate personnel within SLED to administer and oversee the operations of the Illegal Immigration Enforcement Unit.
(C)(1) The Illegal Immigration Enforcement Unit is composed of officers, agents, and employees as the chief considers necessary and proper for the enforcement of immigration laws as authorized pursuant to federal laws and the laws of this State.
(2)(a) The enforcement of immigration laws as authorized pursuant to federal laws and the laws of this State must be the only responsibility of the officers of the Illegal Immigration Enforcement Unit.
(b) The officers are commissioned by the Governor upon the recommendation of the chief.
(c) The officers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as those sheriffs to arrest without warrants and to detain persons found violating or attempting to violate immigration laws. The officers also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
(D) Notwithstanding any other provision of law, the Illegal Immigration Enforcement Unit must be funded annually by a specific appropriation to the Illegal Immigration Enforcement Unit in the state general appropriations act, separate and distinct from SLED's other appropriations.
(E) The chief shall negotiate the terms of a memorandum of agreement with the United States Immigration and Customs Enforcement pursuant to Section 287(g) of the federal Immigration and Nationality Act as soon as possible after the effective date of this act.
(F) Nothing in this section may be construed to prevent other law enforcement agencies of the State and political subdivisions of the State, including local law enforcement agencies, from enforcing immigration laws as authorized pursuant to federal laws and the laws of this State.
(G) SLED shall develop an illegal immigration enforcement training program which SLED shall offer to all local law enforcement agencies to assist any local law enforcement agency wishing to utilize the training program in the proper implementation, management, and enforcement of applicable immigration laws." /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON explained the amendment.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3446 (Word version) -- Reps. Pitts, G. M. Smith, Crawford, Caskey, Pope, Bryant and Fry: 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 REQUIRED BY LAW, INCLUDING, BUT NOT LIMITED TO, FINANCIAL INSTITUTIONS, AND TO DEFINE THE TERM "FINANCIAL INSTITUTION".
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3446 (COUNCIL\ZW\3446C001.CC.ZW19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ Section 1. Section 2-69-10 of the 1976 Code is amended to read:
"Section 2-69-10. (A) Every standing committee of the Senate and of the House of Representatives, in the discharge of its duties, including, but not limited to, the conducting of studies or investigations, is by majority vote of the committee authorized to issue subpoenas and subpoenas duces tecum to any agency, department, board, or commission of this State or of any political subdivision of this State or to any representative of any agency, department, board, or commission of this State or of any political subdivision of this State to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its work, investigation, or study. Every standing committee of the Senate and of the House of Representatives is also authorized to issue subpoenas and subpoenas duces tecum on behalf of any of its subcommittees. The committee shall have the right to issue such subpoenas and/or receive the subpoenaed evidence in executive session.
(B) House and Senate Ethics Committees, in the discharge of its duties, investigating candidates or former candidates' campaign accounts, is by majority vote of the committee authorized to issue subpoenas and subpoenas duces tecum to any agency, department, board, or commission of this State or of a political subdivision of this State or to a representative of any agency, department, board, or commission of this State or of a political subdivision of this State or to a financial institution to compel the attendance of witnesses and production of documents, books, papers, correspondence, memoranda, and other relevant records to its investigation. As used in this section, 'financial institution' means:
(1) a bank with deposits insured by the Federal Deposit Insurance Corporation; or
(2) a credit union with accounts insured by the National Credit Union Administration Board."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Dillard Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rutherford Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams Wooten Young Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3446. If I had been present, I would have voted in favor of the Bill.
Rep. Jason Elliott
I was temporarily out of the Chamber on constituent business during the vote on H. 3446. If I had been present, I would have voted in favor of the Bill.
Rep. Seth Rose
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3446.
Rep. Sylleste Davis
On motion of Rep. W. NEWTON, with unanimous consent, it was ordered that H. 3446 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 3420 (Word version) -- Reps. Bernstein, Finlay, Thayer, West, Clemmons and Simmons: A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2006", SO AS TO PROHIBIT MINORS FROM ENTERING RETAIL ESTABLISHMENTS THAT PRIMARILY SELL TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR BOTH; AND TO AMEND SECTION 16-17-501, RELATING IN PART TO THE DEFINITION OF "ALTERNATIVE NICOTINE PRODUCT", SO AS TO CHANGE THE DEFINITION.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3420 (COUNCIL\VR\3420C001.CC.VR19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-17-500(C), (E)(1), (F)(1), and (J) of the 1976 Code is amended to read:
"(C) A person engaged in the sale of tobacco products or alternative nicotine products made through the Internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age before a tobacco product or alternative nicotine product will be released to the purchaser, unless the Internet or other remote sales methods employ the following protections to ensure age verification:
(1) the creation of a customer online profile with information to include a social security number and valid phone number;
(2) the uploading of a valid government-issued photo identification of the customer; and
(3) delivery made only to the named recipient.
(E)(1) An individual who knowingly violates a provision of subsections (A), (B), (C), or (D), or (J) in person, by agent, or in any other way is guilty of a misdemeanor and, upon conviction, must be:
(a) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars;
(b) for a second offense, which occurs within three years of the first offense, fined not less than two hundred dollars nor more than three hundred dollars;
(c) for a third or subsequent offense, which occurs within three years of the first offense, fined not less than three hundred dollars nor more than four hundred dollars. (F)(1)(a) A minor under the age of eighteen years must not purchase, attempt to purchase, possess, or attempt to possess a tobacco product or an alternative nicotine product, or present or offer proof of age that is false or fraudulent for the purpose of purchasing or possessing these products.
(b) A minor under the age of eighteen years is prohibited from entering a retail establishment that has as its primary purpose the sale of tobacco products, alternative nicotine products, or both, unless the minor is actively supervised and accompanied by an adult.
(J)(1) A retail establishment that has as its primary purpose the sale of tobacco products, alternative nicotine products, or both, must prohibit minors under the age of eighteen years of age from entering the retail establishment, unless the minor is actively supervised and accompanied by an adult, and shall determine whether a person is at least eighteen years by requiring proper proof of age in accordance with subsection (B), prior to the purchase of a tobacco or alternative nicotine product.
(2) A retail establishment described in item (1) must conspicuously post on all entrances to the establishment the following:
(a) a sign in boldface type that states 'NOTICE: It is unlawful for a person under eighteen years of age to enter this store, unless the minor is actively supervised and accompanied by an adult. Age will be verified prior to purchase.'
(b) a sign printed in letters and numbers at least one-half inch high that displays a toll free number for assistance to callers in quitting smoking, as determined by the Department of Health and Environmental Control.
(3) For purposes of this section, whether a retail establishment has as its primary purpose the sale of tobacco products, alternative nicotine products, or both, must be based on the totality of the circumstances. Facts that must be considered, but not be limited to, are the retail establishment's business filings, business name and signage, marketing and other advertisements, and the percentage of revenue and inventory directly related to the sale of tobacco and alternative nicotine products.
(K) Notwithstanding any other provision of law, a violation of this section does not violate the terms and conditions of an establishment's beer and wine permit and is not grounds for revocation or suspension of a beer and wine permit."
SECTION 2. A. The undesignated clause in Section 16-17-501 of the 1976 Code is amended to read:
"As used in this section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:"
B. Section 16-17-501(6) of the 1976 Code is amended to read:
"(6) 'Alternative nicotine product' means a any vaping product, whether or not it includes nicotine, including electronic cigarettes, that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. 'Alternative nicotine product' does not include:
(a) a cigarette, as defined in Section 12-21-620, or other tobacco products, as defined in Section 12-21-800;
(b) a product that is a drug pursuant to 21 U.S.C. 321(g)(1);
(c) a device pursuant to 21 U.S.C. 321(h); or
(d) a combination product described in 21 U.S.C. 353(g)."
SECTION 3. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:
"Section 59-1-380. (A) By August 1, 2019, every local school district in the State shall adopt, implement, and enforce a written policy prohibiting at all times the use of any tobacco product or alternative nicotine product by any person in school buildings, in school facilities, on school campuses, and in or on any other school property owned or operated by the local school administrative unit. The policy also must prohibit the use of any tobacco product or alternative nicotine product by persons attending a school-sponsored event at a location not listed in this subsection when in the presence of students or school personnel or in an area where smoking or other tobacco use is otherwise prohibited by law.
(B) The policy must include at least all of the following elements:
(1) adequate notice to students, parents or guardians, the public, and school personnel of the policy;
(2) posting of signs prohibiting at all times the use of tobacco products or alternative nicotine products by any person in and on school property; and
(3) requirements that school personnel enforce the policy, including appropriate disciplinary action.
(C) Disciplinary actions for violating the policy may include, but not be limited to:
(1) for students: administrator and parent or legal guardian conference, mandatory enrollment in tobacco prevention education or cessation programs, community service, in-school suspension, suspension for extracurricular activities, or out-of-school suspension.
(2) for staff: verbal reprimand, written notification in personnel file, mandatory enrollment in tobacco prevention education, voluntary enrollment in cessation programs, or suspension; (3) for contract or other workers: verbal reprimand, notification to contract employer, or removal from district property; and
(4) for visitors: verbal request to leave district property or prosecution for disorderly conduct for repeated offenses.
(D) The local school district shall collaborate with the Department of Health and Environmental Control, the Department of Alcohol and Other Drug Abuse Services, and the South Carolina Department of Education, as appropriate, to implement the policy, including as part of tobacco education and cessation programs and substance use prevention efforts.
(E) The policy may permit tobacco products or alternative nicotine products to be included in instructional or research activities in public school buildings if the activity is conducted or supervised by the faculty member overseeing the instruction or research and the activity does not include smoking, chewing, inhaling, or otherwise ingesting the tobacco product or alternative nicotine product.
(F) For purposes of this section:
(1) 'Tobacco product' has the same meaning as defined in Section 16-17-501.
(2) 'Alternative nicotine product' has the same meaning as defined in Section 16-17-501."
SECTION 4. Section 44-95-20(1) of the 1976 Code is amended to read:
"(1) public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;"
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
The amendment was then adopted.
The following Bill was taken up:
H. 3369 (Word version) -- Reps. Bernstein, Erickson, Collins, Brawley, Henegan, Rose, Caskey, Clary, Pope, Bryant, Fry, Wheeler and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 20-1-300 RELATING TO THE ISSUANCE OF A MARRIAGE LICENSE TO MINORS WHEN THE FEMALE IS PREGNANT OR HAS GIVEN BIRTH TO A CHILD.
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3369. If I had been present, I would have voted in favor of the Bill.
Rep. Seth Rose
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3369.
Rep. Sylleste Davis
On motion of Rep. BERNSTEIN, with unanimous consent, it was ordered that H. 3369 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 3031 (Word version) -- Reps. Funderburk, Hosey, Norrell, R. Williams and Henderson-Myers: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF THE VOTER REGISTRATION BOOKS, SO AS TO CHANGE THE DATE ON WHICH THE REGISTRATION BOOKS MUST BE CLOSED FROM THIRTY DAYS BEFORE EACH ELECTION TO TWENTY DAYS; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF ELECTORS BY MAIL, SO AS TO REDUCE FROM THIRTY DAYS TO TWENTY DAYS THE TIME REQUIRED BEFORE AN ELECTION TO FILE THE APPROPRIATE STATE OR FEDERAL REGISTRATION BY MAIL APPLICATION FORM; TO AMEND SECTION 7-5-185, RELATING TO ELECTRONIC APPLICATIONS FOR VOTER REGISTRATION, SO AS TO PROVIDE THAT AN APPLICATION IS EFFECTIVE UPON RECEIPT OF THE APPLICATION BY THE STATE ELECTION COMMISSION IF THE APPLICATION IS RECEIVED TWENTY DAYS BEFORE AN ELECTION TO BE HELD IN THE PRECINCT OF THE PERSON SUBMITTING THE APPLICATION; TO AMEND SECTION 7-5-220, RELATING TO THE REQUIREMENT THAT REGISTRATION MADE THIRTY DAYS OR LESS BEFORE AN ELECTION IS NOT VALID FOR THAT ELECTION, SO AS TO SHORTEN THE REGISTRATION DEADLINE FROM THIRTY DAYS OR LESS TO TWENTY DAYS OR LESS; TO AMEND SECTION 7-5-330, RELATING TO THE COMPLETION, RECEIPT, OR DISPOSITION OF A VOTER REGISTRATION APPLICATION, SO AS TO SHORTEN APPLICABLE DEADLINES REGARDING THE COMPLETION, RECEIPT, OR DISPOSITION OF CERTAIN VOTER REGISTRATION DEADLINES FROM THIRTY DAYS TO TWENTY DAYS; TO AMEND SECTION 7-5-440, RELATING TO FAILURES TO NOTIFY COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS OF CHANGES IN ADDRESS, SO AS TO CHANGE THE TIME PERIOD IN WHICH NOTIFICATION DOES NOT OCCUR FROM THIRTY DAYS BEFORE AN ELECTION TO TWENTY DAYS; TO AMEND SECTION 7-7-990, RELATING TO THE ACCESSIBILITY OF POLLING PLACES, SO AS TO CHANGE THE PERIOD FROM THIRTY DAYS BEFORE AN ELECTION TO TWENTY DAYS BEFORE AN ELECTION IN WHICH AN ELECTOR MAY APPLY FOR AND RECEIVE A TRANSFER AUTHORIZATION ALLOWING THE ELECTOR TO VOTE AT A COUNTY BARRIER-FREE POLLING PLACE; AND TO AMEND SECTION 7-15-120, RELATING TO ABSENTEE VOTER REGISTRATION FORMS, SO AS TO REDUCE FROM THIRTY DAYS TO TWENTY DAYS BEFORE THE ELECTION THE DEADLINE FOR VOTER REGISTRATION.
Rep. CLEMMONS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3035 (Word version) -- Reps. Funderburk, Thigpen, W. Newton, R. Williams and Wheeler: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT POLL WORKERS MUST BE RESIDENTS AND REGISTERED ELECTORS OF THE STATE OF SOUTH CAROLINA.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up: H. 3135 (Word version) -- Reps. G. M. Smith, Erickson, Yow, Funderburk, Huggins, Wheeler, Clemmons, Anderson and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WORKFORCE ENHANCEMENT AND MILITARY RECOGNITION ACT"; TO AMEND SECTION 12-6-1171, RELATING TO THE MILITARY RETIREMENT INCOME DEDUCTION, SO AS TO REMOVE CERTAIN LIMITS.
Rep. CLEMMONS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rutherford Simmons G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
As a military retiree, I abstained from voting on H. 3135 to avoid the appearance of a potential conflict of interest.
Rep. Richard L. Yow
I abstained from voting on H. 3135 because I am a military veteran drawing retirement. My vote could possibly be perceived as self-serving. Therefore, I did not vote.
Rep. Bill Sandifer
I was temporarily out of the Chamber on constituent business during the vote on H. 3135. If I had been present, I would have voted in favor of the Bill.
Rep. Seth Rose
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3135.
Rep. Sylleste Davis
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 3135 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3136 (Word version) -- Reps. G. M. Smith, G. R. Smith, Erickson, Clyburn, B. Newton, V. S. Moss, Yow, W. Newton, Clemmons, Moore and Gilliard: A BILL TO AMEND SECTION 12-6-3790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONAL NEEDS TAX CREDIT, SO AS TO PROVIDE THAT THE CUMULATIVE MAXIMUM ANNUAL CREDIT AMOUNTS ARE INCREASED TO PROVIDE A SCHOLARSHIP TO ANY EXCEPTIONAL NEEDS CHILD OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES AND WHO IS EITHER ON ACTIVE DUTY OR WAS KILLED IN THE LINE OF DUTY.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3136 (COUNCIL\DG\3136C001.NBD.DG19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 12-6-3790(D)(1)(a) of the 1976 Code is amended to read:
(D)(1)(a) Tax credits authorized by subsection (H)(1) and subsection (I) annually may not exceed cumulatively a total of twelve twenty million dollars for contributions to the Educational Credit for Exceptional Needs Children's Fund, unless an increased limit is authorized in the annual general appropriations act.
SECTION 3. This act takes effect upon approval by the Governor and the adjustments first apply to the cumulative total for tax year 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Rose Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young Yow
Felder
So, the Bill, as amended, was read the second time and ordered to third reading.
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3136.
Rep. Sylleste Davis
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 3136 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 3137 (Word version) -- Reps. G. M. Smith, Lucas, Ott, Stavrinakis, Simrill, Rutherford, Pope, Clyburn, S. Williams, Cobb-Hunter, Bailey, Erickson, Bradley, Yow, Forrest, Kirby, Sottile, Murphy, Chellis, Kimmons, Rose, Wheeler, Young, Clemmons, Cogswell, Gilliard, B. Newton, Anderson, Jefferson, Bales, Blackwell, McDaniel, Moore, R. Williams and Henderson-Myers: A BILL TO AMEND CHAPTER 27, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SO AS TO CHANGE THE NAME OF THE LOCAL GOVERNMENT FUND, TO DELETE THE REQUIREMENT THAT THE FUND RECEIVE NO LESS THAN FOUR AND ONE-HALF PERCENT OF THE GENERAL FUND REVENUES OF THE LATEST COMPLETED FISCAL YEAR, TO DELETE A PROVISION REGARDING MIDYEAR CUTS, TO PROVIDE THAT THE APPROPRIATION TO THE FUND MUST BE INCREASED BY THE SAME PERCENTAGE THAT GENERAL FUND REVENUES ARE PROJECTED TO INCREASE, IF APPLICABLE, BUT NOT TO EXCEED FIVE PERCENT, TO REQUIRE THAT THE PERCENTAGE INCREASE, IF APPLICABLE, BE INCLUDED IN ALL STAGES OF THE BUDGET PROCESS, TO AMEND THE DISTRIBUTION PERCENTAGE OF THE FUND, AND TO DELETE A PROVISION REQUIRING AMENDMENTS TO THE STATE AID TO SUBDIVISIONS ACT BE INCLUDED IN SEPARATE LEGISLATION.
Rep. MAGNUSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. COBB-HUNTER moved to waive Rule 5.10, pursuant to Rule 5.15.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Calhoon Caskey Chellis Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons Kirby Lowe Lucas Mace Mack McDaniel McGinnis D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young Yow
Those who voted in the negative are:
Burns Chumley W. Cox Long Magnuson Martin McCravy Morgan Thayer
So, Rule 5.10 was waived, pursuant to Rule 5.15.
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of waiving the print on H. 3137.
Rep. Sylleste Davis
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. OTT moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill: H. 3137 (Word version) -- Reps. G. M. Smith, Lucas, Ott, Stavrinakis, Simrill, Rutherford, Pope, Clyburn, S. Williams, Cobb-Hunter, Bailey, Erickson, Bradley, Yow, Forrest, Kirby, Sottile, Murphy, Chellis, Kimmons, Rose, Wheeler, Young, Clemmons, Cogswell, Gilliard, B. Newton, Anderson, Jefferson, Bales, Blackwell, McDaniel, Moore, R. Williams and Henderson-Myers: A BILL TO AMEND CHAPTER 27, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE AID TO SUBDIVISIONS ACT, SO AS TO CHANGE THE NAME OF THE LOCAL GOVERNMENT FUND, TO DELETE THE REQUIREMENT THAT THE FUND RECEIVE NO LESS THAN FOUR AND ONE-HALF PERCENT OF THE GENERAL FUND REVENUES OF THE LATEST COMPLETED FISCAL YEAR, TO DELETE A PROVISION REGARDING MIDYEAR CUTS, TO PROVIDE THAT THE APPROPRIATION TO THE FUND MUST BE INCREASED BY THE SAME PERCENTAGE THAT GENERAL FUND REVENUES ARE PROJECTED TO INCREASE, IF APPLICABLE, BUT NOT TO EXCEED FIVE PERCENT, TO REQUIRE THAT THE PERCENTAGE INCREASE, IF APPLICABLE, BE INCLUDED IN ALL STAGES OF THE BUDGET PROCESS, TO AMEND THE DISTRIBUTION PERCENTAGE OF THE FUND, AND TO DELETE A PROVISION REQUIRING AMENDMENTS TO THE STATE AID TO SUBDIVISIONS ACT BE INCLUDED IN SEPARATE LEGISLATION.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3137 (COUNCIL\DG\3137C003.NBD.DG19), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 6-27-20 through Section 6-27-30(B) and inserting:
/ Section 6-27-20. There is created the Local Government Fund administered by the State Treasurer. This fund is part of the general fund of the State. It is the intent of the General Assembly that this fund not be subject to mid-year cuts. However, if mid-year cuts are mandated by the State Budget and Control Board to avoid a year-end deficit, this fund is not subject to such cuts, except by a majority vote of the entire State Budget and Control Board which is separate and apart from any other reduction. These cuts are permitted only to the extent that counties and municipalities do not receive less funding than received in the immediate preceding fiscal year. The Local Government Fund must be financed as provided in this chapter.
Section 6-27-30. (A) In the annual general appropriations act, an amount equal to not less than four and one-half percent of general fund revenues of the latest completed fiscal year must be appropriated the General Assembly must appropriate funds to the Local Government Fund.
(B)(1) In any fiscal year in which general fund revenues are projected to increase, the appropriation to the Local Government Fund for the upcoming fiscal year must be increased by the same projected percentage increase, but not to exceed five percent, when compared to the appropriation in the current fiscal year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-880, the percentage increase in general fund revenues must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor of the projected percentage increase. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage increase. However, the forecast in effect on May thirty-first of the current fiscal year is the final forecast for which the percentage increase is determined, and no subsequent forecast modifications shall have any effect on that determination.
(2) The Governor shall include the appropriation increase to the Local Government Fund in the Executive Budget.
(3) The Revenue and Fiscal Affairs Office shall determine the current fiscal year's recurring general fund expenditure base, and determine any projected increase in general fund revenues. If an increase is projected, the appropriation for the upcoming fiscal year must be adjusted accordingly. /
Amend the bill further, SECTION 1, page 3, by striking Section 6-27-40(A) and inserting:
/ Section 6-27-40. (A) Not later than thirty days after the end of the calendar quarter, the State Treasurer shall distribute the monies appropriated to the Local Government Fund as follows:
(1) Eighty-three and two hundred seventy-eight thousandths percent must be distributed to counties. Of the total distributed to counties, each county must receive an amount based on the ratio that the county's population is of the whole population of this State according to the most recent United States Census.
(2) Sixteen and seven hundred twenty-two thousandths percent must be distributed to municipalities. Of the total distributed to municipalities, each municipality must receive an amount based on the ratio that the municipality's population is of the population of all municipalities in this State according to the most recent United States Census. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH proposed the following Amendment No. 2 to H. 3137 (COUNCIL\SD\3137C001.NL.SD19), which was adopted:
Amend the bill, as and if amended, page 4, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and first applies for the annual general appropriations bill process for Fiscal Year 2019-2020. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. G. M. SMITH explained the Bill.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons G. M. Smith G. R. Smith Sottile Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Wooten Young Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3137.
On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that H. 3137 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3576 (Word version) -- Reps. White, Cobb-Hunter, Garvin, Rose, Loftis, Gilliard, Moore, Clemmons and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-365 SO AS TO ESTABLISH THE SOUTH CAROLINA WORKFORCE INDUSTRY NEEDS SCHOLARSHIP (SC WINS), TO PROVIDE THAT CERTAIN STUDENTS ATTENDING A TWO-YEAR TECHNICAL COLLEGE ARE ELIGIBLE FOR THE SCHOLARSHIP, AND TO PROVIDE ELIGIBILITY REQUIREMENTS.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3576 (COUNCIL\SA\3576C001.RT.SA19), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 1, by striking Section 59-150-365(A)(1) and inserting:
/ "Section 59-150-365. (A)(1) A student who is attending a two-year public technical college, who is majoring in a critical workforce area program, as defined and recommended by the State Board for Technical and Comprehensive Education (SBTCE) and ratified by the South Carolina Coordinating Council for Workforce Development, and who is receiving a Lottery Tuition Assistance Program Scholarship (LTAP) for the current school year, shall receive an additional South Carolina Workforce Industry Needs Scholarship (SC WINS). The SC WINS scholarship is equal to the cost of tuition and mandatory fees after applying all other scholarships or grants, not to exceed two thousand five hundred dollars each year for no more than three years of instruction, including the student's freshman year, if the student is enrolled in an associate degree program, or no more than two years of instruction, including the student's freshman year, if enrolled in a diploma or certificate program. /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
Rep. LOFTIS spoke in favor of the amendment.
The amendment was then adopted.
Reps. LOWE and CRAWFORD proposed the following Amendment No. 2H. 3576 (COUNCIL\SA\3576C002.RT.SA19), which was adopted:
Amend the bill, as and if amended, SECTION 1, page 2, by striking Section 59-150-365(F) and inserting:
/ (F) A dual-enrollment student in high school, who is majoring in one of the critical workforce areas at a technical college qualifies for the SC WINS scholarship. /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins W. Cox Crawford Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Whitmire R. Williams S. Williams Wooten Young Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3576.
Rep. Sylleste Davis
I was granted leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of the H. 3576.
On motion of Rep. LOFTIS, with unanimous consent, it was ordered that H. 3576 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3595 (Word version) -- Reps. Elliott, G. M. Smith, Simrill, Stavrinakis, Loftis, Clemmons and Erickson: A BILL TO AMEND SECTION 12-6-3585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO INCREASE THE AGGREGATE ANNUAL CREDIT AMOUNT.
Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3411 (Word version) -- Reps. G. R. Smith, W. Newton, Funderburk, Willis, Anderson, Weeks, Erickson, Elliott, R. Williams, Wheeler, Young and Clemmons: A BILL TO AMEND SECTION 12-54-122, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX LIENS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO IMPLEMENT A SYSTEM OF FILING AND INDEXING LIENS WHICH IS ACCESSIBLE TO THE PUBLIC OVER THE INTERNET OR THROUGH OTHER MEANS.
Rep. BALLENTINE explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Whitmire R. Williams S. Williams Wooten Young Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber when the House gave second reading to H. 3411, a bill which implements a recommendation from the House Legislative Oversight Committee's study of the Department of Revenue. As co-sponsor of H.3411, I would have voted to give the bill second reading.
Rep. Wm. Weston Newton
I was granted medical leave for Session on Thursday, January 31, 2019. If I had been present, I would have voted in favor of H. 3411.
Rep. Sylleste Davis
On motion of Rep. BALLENTINE, with unanimous consent, it was ordered that H. 3411 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3274 (Word version) -- Reps. Simrill, Rutherford, Ligon, Taylor, Loftis and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-45 SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT ENACT ANY LAWS, ORDINANCES, OR RULES PERTAINING TO INGREDIENTS, FLAVORS, OR LICENSING OF CIGARETTES, ELECTRONIC CIGARETTES, TOBACCO PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; AND TO PROVIDE THAT SUCH LAWS, ORDINANCES, AND RULES ENACTED BY A POLITICAL SUBDIVISION PRIOR TO JANUARY 1, 2019, ARE NOT SUBJECT TO THE PREEMPTION IMPOSED BY THIS ACT.
Rep. CLEMMONS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. MCGINNIS moved that the House recur to the morning hour, which was agreed to.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3585 (Word version) -- Reps. Spires and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-47-55 SO AS TO CLARIFY THAT CERTAIN INDIVIDUALS ARE AUTHORIZED TO ADJUST FOOD SPOILAGE CLAIMS WITHOUT AN ADJUSTER'S LICENSE; BY ADDING SECTION 38-72-75 SO AS TO REQUIRE A LONG-TERM CARE INSURANCE PROVIDER TO SUBMIT ALL PREMIUM RATE SCHEDULES TO THE DEPARTMENT OF INSURANCE AND TO ESTABLISH CERTAIN PROCEDURES CONCERNING THE PREMIUM APPROVAL PROCESS; TO AMEND SECTION 38-3-110, RELATING TO THE DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO ALTER PUBLIC HEARING REQUIREMENTS; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO EXCLUDE CERTAIN FACTORS FROM THE TOTAL PREMIUM COMPUTATION; TO AMEND SECTION 38-7-60, RELATING TO THE SUBMISSION OF A RETURN OF PREMIUMS, SO AS TO REQUIRE THE SUBMISSION OF A RETURN OF PREMIUMS COLLECTED; TO AMEND SECTION 38-43-247, RELATING TO THE REPORTING OF CRIMINAL PROSECUTIONS, SO AS TO ONLY REQUIRE THE REPORTING OF CRIMINAL CONVICTIONS; TO AMEND SECTION 38-44-50, RELATING TO THE REVIEW OF A MANAGING GENERAL AGENT, SO AS TO ALTER THE SUBMISSION DATE FROM MARCH FIRST TO JUNE FIRST; TO AMEND SECTIONS 38-46-60 AND 38-46-90, BOTH RELATING TO A PARTY ENGAGED AS A REINSURANCE INTERMEDIARY-BROKER, SO AS TO ALTER THE SUBMISSION DATE OF CERTAIN DOCUMENTS FROM MARCH FIRST TO JUNE FIRST; TO AMEND SECTIONS 38-57-130, 38-57-140, AND 38-57-150, ALL RELATING TO PROHIBITED TRADE PRACTICES, SO AS TO CLARIFY THAT CERTAIN PRACTICES ARE PROHIBITED; TO AMEND SECTIONS 38-75-730 AND 38-75-1200, BOTH RELATING TO CANCELLATIONS OF PROPERTY, CASUALTY, AND TITLE INSURANCE POLICIES, SO AS TO EXTEND WHEN AN INSURER CAN CANCEL A POLICY WITHOUT CAUSE TO ONE HUNDRED TWENTY DAYS AND TO PROHIBIT AN INSURER FROM CANCELLING A POLICY OUTSIDE OF THE ONE HUNDRED TWENTY-DAY PERIOD IF THEY HAD NOTICE OF A CHANGE IN RISK PRIOR TO THE EXPIRATION OF THE ONE HUNDRED TWENTY-DAY PERIOD; TO AMEND SECTION 38-90-160, AS AMENDED, RELATING TO THE APPLICATION OF CERTAIN PROVISIONS TO CAPTIVE INSURANCE COMPANIES, SO AS TO APPLY THE SOUTH CAROLINA INSURANCE DATA SECURITY ACT TO CAPTIVE INSURANCE COMPANIES; AND TO AMEND SECTION 38-99-70, RELATING TO LICENSEES EXEMPTED FROM CERTAIN DATA SECURITY REQUIREMENTS, SO AS TO ONLY EXEMPT THE LICENSEES FROM THE PROVISIONS OF SECTION 38-99-20.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3587 (Word version) -- Reps. Spires and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 13, TITLE 38 SO AS TO REQUIRE AN INSURER OR AN INSURANCE GROUP TO SUBMIT A CORPORATE GOVERNANCE ANNUAL DISCLOSURE AND ESTABLISH CERTAIN REQUIREMENTS FOR THE DISCLOSURE, TO DEFINE NECESSARY TERMS, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATED TO THE DISCLOSURE, TO PROVIDE CERTAIN CONFIDENTIALITY REQUIREMENTS FOR INFORMATION SUBMITTED TO THE DIRECTOR AND TO PROHIBIT THE DIRECTOR OR A PERSON WHO RECEIVES INFORMATION RELATED TO THE ANNUAL DISCLOSURE FROM TESTIFYING IN A PRIVATE CIVIL ACTION CONCERNING THE CONFIDENTIAL INFORMATION, TO AUTHORIZE THE DIRECTOR TO RETAIN THIRD-PARTY CONSULTANTS AND PRESCRIBE CERTAIN RULES FOR THE CONSULTANTS, TO PROVIDE A PENALTY FOR AN INSURER WHO FAILS TO FILE THE CORPORATE GOVERNANCE ANNUAL DISCLOSURE, AND TO SET AN EFFECTIVE DATE; BY ADDING SECTION 38-21-295 SO AS TO AUTHORIZE THE DIRECTOR TO ACT AS THE GROUP-WIDE SUPERVISOR FOR AN INTERNATIONALLY ACTIVE INSURANCE GROUP UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH A PROCEDURE FOR THE DIRECTOR TO DETERMINE WHETHER HE MAY ACT AS THE GROUP-WIDE SUPERVISOR OR ACKNOWLEDGE ANOTHER REGULATORY OFFICIAL TO ACT AS THE GROUP-WIDE SUPERVISOR, TO AUTHORIZE THE DIRECTOR TO ENGAGE IN CERTAIN ACTIVITIES AS GROUP-WIDE SUPERVISOR, AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 38-21-10, RELATING TO INSURANCE HOLDING COMPANY REGULATORY ACT DEFINITIONS, SO AS TO DEFINE THE TERMS "DIRECTOR," "GROUP-WIDE SUPERVISOR," AND "INTERNATIONALLY ACTIVE INSURANCE GROUP".
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3705 (Word version) -- Reps. Spires and Sandifer: A BILL TO AMEND SECTION 38-31-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION, SO AS TO APPLY THE PROVISIONS OF CHAPTER 31, TITLE 38, TO A CLAIM OR LOSS COVERED BY SELF-INSURANCE THAT OCCURRED PRIOR TO THE ACQUISITION OF A BLOCK OF BUSINESS BY A LICENSED INSURER; AND TO AMEND SECTION 42-5-20, RELATING TO INSURANCE REQUIREMENTS FOR WORKERS' COMPENSATION, SO AS TO PROHIBIT A SELF-INSURER FROM PARTICIPATING IN OR OBTAINING BENEFITS FROM THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION AND TO REQUIRE THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO SECURE AN ACTUARIAL OPINION BEFORE APPROVING THE TRANSFER OF A SELF-INSURER TO A LICENSED INSURER.
Ordered for consideration tomorrow.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3644 (Word version) -- Reps. Clemmons, Huggins and Willis: A BILL TO AMEND SECTION 50-11-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF WILD TURKEY FEATHERS IN ART, SO AS TO ALLOW FOR THE USE OF WILD TURKEY PARTS, TO ESTABLISH A LABEL REQUIREMENT, TO PROVIDE THAT THIS PROVISION DOES NOT AUTHORIZE THE SALE OF WILD TURKEY MEAT AND TO DELETE PROVISIONS PROHIBITING THE SALE OF PARTS OF WILD TURKEYS.
Ordered for consideration tomorrow.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3483 (Word version) -- Reps. Hiott, Clary, Collins, Forrest and Caskey: A BILL TO REPEAL SECTION 3 OF ACT 138 OF 2016 RELATING TO THE AUTOMATIC REPEAL OF STATUTORY PROVISIONS REQUIRING CERTAIN COAL COMBUSTION RESIDUALS BE PLACED IN A CLASS 3 LANDFILL.
Ordered for consideration tomorrow.
The following was introduced:
H. 3810 (Word version) -- Reps. Bennett, Brown, Chellis, Cogswell, Gilliard, Hewitt, Mace, Mack, McCoy, Pendarvis, Simmons, Sottile, Stavrinakis, Daning, Davis, Jefferson, Moore, Kimmons and Murphy: A HOUSE RESOLUTION TO COMMEMORATE AND CELEBRATE THE COMMISSIONING CEREMONY OF THE USS CHARLESTON (LCS 18) TO BE HELD IN CHARLESTON, SOUTH CAROLINA ON SATURDAY, MARCH 2, 2019.
The Resolution was adopted.
The following was introduced: H. 3811 (Word version) -- Reps. Calhoon, Spires, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO HONOR CANCER PATIENTS, SURVIVORS, AND THEIR FAMILIES, TO REMEMBER THOSE PEOPLE WHO HAVE BEEN LOST TO CANCER, AND TO DECLARE TUESDAY, FEBRUARY 5, 2019, AS "SUITS AND SNEAKERS DAY" IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced: H. 3812 (Word version) -- Reps. G. R. Smith, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SUSAN S. LONG OF THE LEGISLATIVE AUDIT COUNCIL ON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR MANY YEARS OF DEDICATED PUBLIC SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3813 (Word version) -- Rep. McCravy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CAMBRIDGE ACADEMY GIRLS SOCCER TEAM WITH THE TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2018 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 1A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Cambridge Academy girls soccer team with the team coaches and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for capturing the 2018 South Carolina Independent School Association Class 1A State Championship title.
The Resolution was adopted.
The following was introduced: H. 3814 (Word version) -- Reps. Brown, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ABRAHAM BILL JENKINS FOR HIS YEARS OF OUTSTANDING MILITARY SERVICE IN THE UNITED STATES AIR FORCE AND HIS EXEMPLARY COMMUNITY SERVICE IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced: H. 3815 (Word version) -- Reps. McCravy, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO SALUTE THE NINETY SIX HIGH SCHOOL MARCHING BAND, BAND DIRECTORS, AND SCHOOL OFFICIALS FOR A SENSATIONAL SEASON AND TO CONGRATULATE THEM ON WINNING THE 2018 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 3816 (Word version) -- Rep. McCravy: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NINETY SIX HIGH SCHOOL MARCHING BAND, BAND DIRECTORS, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2018 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the Ninety Six High School marching band, band directors, and school officials, at a date and time to be determined by the Speaker, for the purpose of being recognized and commended for winning the 2018 South Carolina Band Directors Association Class A State Championship title.
The Resolution was adopted.
The following was introduced:
H. 3817 (Word version) -- Rep. Alexander: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CITY YEAR COLUMBIA FOR THE MANY CONTRIBUTIONS THAT THE ORGANIZATION MAKES TO THE CITIZENS OF THE MIDLANDS AND TO EXPRESS SINCERE APPRECIATION TO THE TEAM MEMBERS, STAFF MEMBERS, AND SUPPORTERS WHO GIVE SO GENEROUSLY OF THEIR TIME AND RESOURCES FOR THE CHILDREN SERVED BY CITY YEAR COLUMBIA. The Resolution was adopted.
The following was introduced:
H. 3818 (Word version) -- Reps. Govan, Alexander, Anderson, Bamberg, Brawley, Brown, Clyburn, Dillard, Garvin, Gilliard, Hart, Henderson-Myers, Henegan, Hosey, Howard, Jefferson, King, Mack, McDaniel, McKnight, Moore, Parks, Pendarvis, Rivers, Robinson, Rutherford, Simmons, Thigpen, Weeks, R. Williams and S. Williams: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE THE AFRICAN-AMERICAN MEMBERS OF THE SOUTH CAROLINA EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF GOVERNMENT AND THE MEMBERS OF THE STATE'S CONGRESSIONAL DELEGATION WHO HEROICALLY SERVED THE PEOPLE OF THIS STATE FOLLOWING THE CIVIL WAR UNTIL THE EARLY TWENTIETH CENTURY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3819 (Word version) -- Reps. Gagnon and West: A BILL TO AMEND ACT 755 OF 1988, RELATING TO ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT BOARD OF TRUSTEES SHALL HAVE TOTAL FISCAL AUTONOMY.
Referred to Abbeville Delegation
H. 3820 (Word version) -- Rep. Mace: A JOINT RESOLUTION TO ALLOW AN INDIVIDUAL INCOME TAX CREDIT IN TAX YEAR 2019, TO SET THE AGGREGATE CREDIT AMOUNT TO EQUAL GENERAL FUND REVENUES IN EXCESS OF GENERAL FUND APPROPRIATIONS IN FISCAL YEARS 2017-2018 AND 2018-2019, AND TO SET THE AMOUNT OF THE CREDIT TO A PROPORTIONATE AMOUNT OF THE INDIVIDUAL'S LIABILITY.
Referred to Committee on Ways and Means
H. 3821 (Word version) -- Rep. Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "ADVANCED PRACTICE REGISTERED NURSE ACT"; TO AMEND SECTION 32-8-325, RELATING TO THE USE OF DEATH CERTIFICATES TO AUTHORIZE CREMATORIES TO CREMATE HUMAN REMAINS, SO AS TO INCLUDE ADVANCED PRACTICE REGISTERED NURSES AMONG THE PERSONS AUTHORIZED TO SIGN SUCH DEATH CERTIFICATES; TO AMEND SECTION 32-8-340, RELATING TO CONDITIONS FOR CREMATIONS, SO AS TO INCLUDE ADVANCED PRACTICE REGISTERED NURSES AMONG THE PERSONS AUTHORIZED TO SIGN DEATH CERTIFICATES AND WAIVE CERTAIN TIME REQUIREMENTS; TO AMEND SECTION 40-33-34, AS AMENDED, RELATING TO MEDICAL ACTS THAT ADVANCED PRACTICE REGISTERED NURSES MAY PERFORM, SO AS TO INCLUDE CERTIFYING THE MANNER OF DEATH AND EXECUTING DO NOT RESUSCITATE ORDERS AMONG THE MEDICAL ACTS THAT MAY BE PERFORMED UNLESS OTHERWISE PROVIDED IN A PRACTICE AGREEMENT, AND TO PERMIT THE PRESCRIPTION OF SCHEDULE II NARCOTIC SUBSTANCES FOR PATIENTS RESIDING IN LONG-TERM CARE SETTINGS IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 44-63-74, RELATING TO THE MANDATORY ELECTRONIC FILING OF DEATH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO MAKE CONFORMING CHANGES TO REFLECT THE AUTHORITY OF ADVANCED PRACTICE REGISTERED NURSES TO SIGN DEATH CERTIFICATES AND CERTIFY CAUSES OF DEATH, AND TO PROVIDE ADVANCED PRACTICE REGISTERED NURSES WHO FAIL TO COMPLY WITH CERTAIN TIME LIMITS FOR CERTIFYING A CAUSE OF DEATH MAY BE SUBJECT TO CERTAIN PENALTIES; TO AMEND SECTION 44-78-15, RELATING TO DEFINITIONS IN THE DO NOT RESUSCITATE ORDER ACT, SO AS TO REVISE THE DEFINITION OF A "HEALTH CARE PROVIDER" TO INCLUDE ADVANCED PRACTICE REGISTERED NURSES; AND TO AMEND SECTION 44-78-30, RELATING TO THE FORM OF DO NOT RESUSCITATE ORDERS, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3822 (Word version) -- Rep. Sandifer: A BILL TO REPEAL SECTION 6 OF ACT 268 OF 2014 RELATING TO THE UNCODIFIED REQUIREMENT THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION MUST SUBMIT AN ANNUAL REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE COMMITTEES ON LABOR, LICENSING AND REGULATION CONCERNING THE WORKLOAD OF THE ACCOUNTANCY BOARD'S ADMINISTRATOR, SPECIFICALLY ADDRESSING THE AMOUNT OF TIME THAT THE ADMINISTRATOR MUST DEVOTE TO THE WORK OF THE ACCOUNTANCY BOARD COMPARED TO THE AMOUNT OF TIME THAT HE MUST DEVOTE TO OTHER DUTIES AND RESPONSIBILITIES, AMONG OTHER THINGS.
Referred to Committee on Labor, Commerce and Industry
H. 3823 (Word version) -- Reps. Mace and G. M. Smith: A BILL TO AMEND SECTIONS 44-7-110, 44-7-120, 44-7-130, 44-7-140, 44-7-150, AND 44-7-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE REGULATION OF HEALTH CARE FACILITIES IN THE STATE, SO AS TO ELIMINATE REFERENCES TO CERTIFICATE OF NEED REQUIREMENTS; TO REPEAL SECTIONS 44-7-160, 44-7-170, 44-7-180, 44-7-190, 44-7-200, 44-7-210, 44-7-220, 44-7-225, 44-7-230, AND 44-7-240 ALL RELATING TO THE CERTIFICATE OF NEED PROGRAM; TO RENAME ARTICLE 3, CHAPTER 7, TITLE 44 AS "STATE HEALTH FACILITY LICENSURE ACT"; AND FOR OTHER PURPOSES.
Referred to Committee on Ways and Means
H. 3824 (Word version) -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-225 SO AS TO REQUIRE MEMBERS OF THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS TO COMPLETE CERTAIN TRAINING; AND TO AMEND SECTION 44-20-210, RELATING TO CREATION OF THE COMMISSION, SO AS TO ESTABLISH CERTAIN QUALIFICATIONS FOR COMMISSION MEMBERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3825 (Word version) -- Rep. Taylor: A BILL TO AMEND SECTION 44-66-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY MAKE HEALTH CARE DECISIONS FOR ADULTS UNABLE TO MAKE SUCH DECISIONS, SO AS TO MAKE CHANGES TO THE LIST OF AUTHORIZED DECISION MAKERS; AND TO AMEND SECTIONS 44-26-40, 44-26-50, AND 44-26-60, ALL RELATING TO CLIENTS OF THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS WHO ARE INCOMPETENT TO MAKE THEIR OWN HEALTH CARE DECISIONS, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 3826 (Word version) -- Reps. Loftis and Burns: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-28-115 SO AS TO ESTABLISH THAT PARENTS HAVE THE FUNDAMENTAL RIGHT OF LIBERTY TO DIRECT THE EDUCATION OF THEIR CHILDREN, AND TO PROVIDE PUBLIC SCHOOLS MAY NOT INFRINGE ON THIS RIGHT WITHOUT MEETING CERTAIN CRITERIA; BY ADDING SECTION 59-29-115 SO AS TO PROVIDE SCHOOL DISTRICTS MAY INCLUDE ELECTIVE COURSEWORK SURVEYING RELIGIONS OF THE WORLD IN HIGH SCHOOL CURRICULA, TO PROVIDE REQUIREMENTS FOR THE CONTENT OF THE COURSEWORK, TO PROVIDE DISTRICTS ALSO MAY REQUIRE TEACHING VARIOUS THEORIES CONCERNING THE ORIGIN OF LIFE; TO PROVIDE PUBLIC SCHOOL PRINCIPALS MAY ALLOW STUDENTS TO ATTEND CERTAIN SCHOOLS FOR RELIGIOUS INSTRUCTION, TO RECEIVE RELIGIOUS INSTRUCTION AT THE WRITTEN REQUEST OF A PARENT, TO PROVIDE REQUIREMENTS FOR SUCH SCHOOLS OF RELIGIOUS INSTRUCTION, TO PROVIDE TIME LIMITS AND ATTENDANCE REQUIREMENTS, TO PROVIDE PUBLIC SECONDARY SCHOOLS MAY AWARD ACADEMIC CREDIT IF THE DISTRICT ADOPTS CERTAIN RELATED POLICIES, AND TO PROVIDE STUDENTS MAY RECEIVE NO MORE THAN TWO ELECTIVE UNITS FOR COMPLETING THIS COURSEWORK; AND TO AMEND SECTION 59-1-320, RELATING TO THE REQUIRED DISPLAY OF THE UNITED STATES FLAG AND THE FLAG OF THIS STATE, SO AS TO ALSO REQUIRE DISPLAY OF THE MOTTO OF THE UNITED STATES, TO SPECIFY THE MANNER OF DISPLAYING THESE FLAGS AND THIS MOTTO, AND TO PROVIDE OPTIONS FOR THE ACQUISITION OF THESE DISPLAYS.
Referred to Committee on Education and Public Works
H. 3827 (Word version) -- Reps. Pope, Taylor, Yow, McCravy, Bryant, Fry, W. Newton, Clary, Caskey, B. Newton, Johnson, Simrill, Young, Bennett, Norrell, Elliott, Daning, West, Magnuson, Hardee, Lucas, Blackwell, Forrest, Gagnon, Gilliam, Hixon, Mace, D. C. Moss and Tallon: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION AND PUBLICATION OF THE DOCKET, SO AS TO CLARIFY THE ROLE OF THE CIRCUIT SOLICITOR IN THE DEVELOPMENT, DISSEMINATION, AND EXECUTION OF THE GENERAL SESSIONS COURT DOCKET PLAN; TO PROVIDE THAT THE ABILITY OF THE CIRCUIT SOLICITOR TO ADMINISTER THE DOCKET MAY NOT INTERFERE WITH A DEFENDANT'S RIGHT TO A SPEEDY TRIAL; TO ALLOW FOR THE CIRCUIT COURT TO RULE ON CASES AND CONTROVERSIES ARISING FROM THE ADMINISTRATION OF THE DOCKET; AND TO PRESERVE ALL CRIME VICTIMS' CONSTITUTIONAL RIGHTS.
Referred to Committee on Judiciary
H. 3828 (Word version) -- Reps. Pendarvis and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 7, TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA DEVELOPER-PROVIDED TRANSIT STOP ACT" TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO INCENTIVIZE DEVELOPERS OF CERTAIN HOUSING PROJECTS THAT ADJOIN OR ARE WITHIN A HALF MILE OF A PUBLIC TRANSIT LINE TO PROVIDE SPACE AND APPROPRIATE BUS STOP INFRASTRUCTURE FOR TRANSIT RIDERS INCLUDING A SAFE, WALKABLE PATH ON THEIR PROPERTY TO SUCH STOPS; AND TO AMEND SECTION 12-6-3420, RELATING TO TAX CREDITS FOR THE CONSTRUCTION OR IMPROVEMENT OF CERTAIN INFRASTRUCTURE PROJECTS, SO AS TO PROVIDE A TAX CREDIT FOR EXPENSES ACCRUED BY A TAXPAYER TO BUILD, CONSTRUCT, OR OTHERWISE PROVIDE SPACE AND APPROPRIATE BUS STOP INFRASTRUCTURE IN CONJUNCTION WITH THE DEVELOPMENT OF A HOUSING PROJECT THAT RECEIVED ONE OR MORE OF THE LOCAL GOVERNMENT INCENTIVES PROVIDED PURSUANT TO THIS ACT.
Referred to Committee on Labor, Commerce and Industry
H. 3829 (Word version) -- Reps. Norrell, Erickson, Thayer, Calhoon, Garvin, Cobb-Hunter, Howard, Ott, Henderson-Myers and Wheeler: A BILL TO AMEND SECTION 16-3-651, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF CRIMINAL SEXUAL CONDUCT OFFENSES, SO AS TO PROVIDE A DEFINITION FOR THE TERM "CONSENT"; AND TO AMEND SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE FRAUD BY THE ACTOR IN THE PURVIEW OF THE STATUTE.
Referred to Committee on Judiciary
H. 3830 (Word version) -- Reps. Norrell, Cobb-Hunter, Kirby, Funderburk, Henegan, Rose, Bernstein, Thigpen, Rivers, Pendarvis, S. Williams, Garvin, Bales, Bennett, Finlay, Ridgeway, Simmons, Spires and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 3, TITLE 16 SO AS TO ENACT THE "SEXUAL ASSAULT SURVIVORS' BILL OF RIGHTS ACT".
Referred to Committee on Judiciary
H. 3831 (Word version) -- Reps. Norrell, Henegan, Rose, Parks, Wheeler, Kirby, Bernstein, West, Calhoon, Thigpen, Rivers, Pendarvis, S. Williams, Bales, Bennett, Brown, Finlay, Funderburk, Ridgeway, Simmons and Spires: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-266 SO AS TO REQUIRE NURSING HOMES AND COMMUNITY RESIDENTIAL CARE FACILITIES TO ACQUIRE AND KEEP IN EFFECT COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE.
Referred to Committee on Labor, Commerce and Industry
H. 3832 (Word version) -- Reps. Norrell, Spires, Calhoon, Kirby, Pendarvis, Bernstein, S. Williams, Garvin, Bales, Bennett, Brown, Ridgeway, Rivers, West, Cobb-Hunter, Howard, Ott, Henderson-Myers, Govan and Wheeler: A BILL TO AMEND SECTIONS 44-53-210, 44-53-230, AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE II, SCHEDULE III, AND SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO RESCHEDULE FLUNITRAZEPAM AND GAMMA HYDROXYBUTYRIC ACID AS SCHEDULE II CONTROLLED SUBSTANCES.
Referred to Committee on Judiciary
H. 3833 (Word version) -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 41 TO TITLE 5 SO AS TO ENACT THE "MUNICIPAL TAX RELIEF ACT", TO ALLOW A MUNICIPALITY TO IMPOSE A SALES AND USE TAX NOT TO EXCEED ONE PERCENT, SUBJECT TO A REFERENDUM, FOR MUNICIPAL TAX RELIEF OR TO DEFRAY DEBT SERVICE FOR CERTAIN AUTHORIZED PROJECTS, AND TO SPECIFY THE MANNER IN WHICH THE TAX IS IMPOSED, COLLECTED, AND EXPENDED; TO AMEND SECTION 4-10-320, RELATING TO THE CAPITAL PROJECT SALES TAX ACT, SO AS TO ALLOW A MUNICIPALITY TO CREATE A COMMISSION; AND TO AMEND SECTION 4-10-970, RELATING TO THE USE OF REVENUES FROM THE LOCAL OPTION TOURISM DEVELOPMENT FEE, SO AS TO PROVIDE THAT IF THE FEE IS IMPOSED IN A MUNICIPALITY THAT IS IMPOSING THE SALES AND USE TAX AUTHORIZED BY CHAPTER 41, TITLE 5, THEN AT LEAST TWENTY PERCENT OF THE REVENUES MUST BE USED TO PROVIDE A PROPERTY TAX CREDIT.
Referred to Committee on Ways and Means
S. 12 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-225 SO AS TO DESIGNATE THE THIRD WEDNESDAY IN FEBRUARY OF EACH YEAR AS "BARBERS' DAY" IN SOUTH CAROLINA.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 75 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 13, TITLE 38 SO AS TO REQUIRE AN INSURER OR AN INSURANCE GROUP TO SUBMIT A CORPORATE GOVERNANCE ANNUAL DISCLOSURE AND ESTABLISH CERTAIN REQUIREMENTS FOR THE DISCLOSURE, TO DEFINE NECESSARY TERMS, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS RELATED TO THE DISCLOSURE, TO PROVIDE CERTAIN CONFIDENTIALITY REQUIREMENTS FOR INFORMATION SUBMITTED TO THE DIRECTOR AND TO PROHIBIT THE DIRECTOR OR A PERSON WHO RECEIVES INFORMATION RELATED TO THE ANNUAL DISCLOSURE FROM TESTIFYING IN A PRIVATE CIVIL ACTION CONCERNING THE CONFIDENTIAL INFORMATION, TO AUTHORIZE THE DIRECTOR TO RETAIN THIRD PARTY CONSULTANTS AND PRESCRIBE CERTAIN RULES FOR THE CONSULTANTS, TO PROVIDE A PENALTY FOR AN INSURER WHO FAILS TO FILE THE CORPORATE GOVERNANCE ANNUAL DISCLOSURE, AND TO SET AN EFFECTIVE DATE; BY ADDING SECTION 38-21-295 SO AS TO AUTHORIZE THE DIRECTOR TO ACT AS THE GROUP-WIDE SUPERVISOR FOR AN INTERNATIONALLY ACTIVE INSURANCE GROUP UNDER CERTAIN CIRCUMSTANCES, TO ESTABLISH A PROCEDURE FOR THE DIRECTOR TO DETERMINE WHETHER HE MAY ACT AS THE GROUP-WIDE SUPERVISOR OR ACKNOWLEDGE ANOTHER REGULATORY OFFICIAL TO ACT AS THE GROUP-WIDE SUPERVISOR, TO AUTHORIZE THE DIRECTOR TO ENGAGE IN CERTAIN ACTIVITIES AS GROUP-WIDE SUPERVISOR, AND TO AUTHORIZE THE DIRECTOR TO PROMULGATE REGULATIONS; AND TO AMEND SECTION 38-21-10 SO AS TO DEFINE THE TERMS "DIRECTOR", "GROUP-WIDE SUPERVISOR", AND "INTERNATIONALLY ACTIVE INSURANCE GROUP".
Referred to Committee on Labor, Commerce and Industry
S. 108 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 10-11-310 OF THE 1976 CODE, RELATING TO THE DEFINITION OF "CAPITOL GROUNDS", TO DEFINE "CAPITOL GROUNDS" AS THAT AREA INWARD FROM THE VEHICULAR TRAVELED SURFACES OF GERVAIS, SUMTER, PENDLETON, AND ASSEMBLY STREETS IN THE CITY OF COLUMBIA.
Referred to Committee on Judiciary
S. 168 (Word version) -- Senators Hembree, Leatherman, Climer, Setzler, Young, Cromer, Verdin, Johnson, Rice, Alexander and Campsen: A JOINT RESOLUTION TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP RECOMMENDATIONS FOR REDUCING AND STREAMLINING THE AMOUNT OF PAPERWORK AND REPORTING REQUIREMENTS OF TEACHERS, SCHOOLS, AND SCHOOL DISTRICTS, TO PROVIDE REQUIREMENTS FOR THE CONTENT OF THESE RECOMMENDATIONS, AND TO PROVIDE THE DEPARTMENT SHALL REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 15, 2020.
Referred to Committee on Education and Public Works
S. 176 (Word version) -- Senators Hembree, Martin and Verdin: A BILL TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CAPITAL CRIME AND HAVING IMPOSED UPON HIM THE SENTENCE OF DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR, AT THE ELECTION OF THE PERSON, LETHAL INJECTION, IF IT IS AVAILABLE AT THE TIME OF ELECTION, UNDER THE DIRECTION OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, TO PROVIDE THAT IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, THE ELECTION EXPIRES AND MUST BE RENEWED IN WRITING, TO PROVIDE THAT THE PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES THE RIGHT OF ELECTION, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, TO PROVIDE THAT A CONVICTED PERSON'S SIGNATURE MUST BE WITNESSED BY TWO PERSONS WHOSE SIGNATURES MUST BE NOTARIZED AND CERTIFIES THAT THE CONVICTED PERSON'S SIGNATURE WAS MADE FREE FROM COERCION AND VOLUNTARILY GIVEN, AND TO PROVIDE THAT IF EXECUTION BY LETHAL INJECTION UNDER THIS SECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION, THEN THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON.
Referred to Committee on Judiciary
S. 196 (Word version) -- Senators Shealy, Hutto, Jackson and Senn: A BILL TO REPEAL SECTION 20-1-300 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF A LICENSE TO AN UNMARRIED FEMALE AND MALE UNDER EIGHTEEN YEARS OF AGE WHEN THE FEMALE IS PREGNANT OR HAS BORNE A CHILD.
Referred to Committee on Judiciary
S. 228 (Word version) -- Senator Gambrell: A BILL TO AMEND SECTION 59-53-2410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITIES, SO AS TO CREATE THE TRI-COUNTY TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY.
On motion of Rep. GAGNON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 335 (Word version) -- Senator Massey: A BILL TO AMEND ACT 516 OF 1976, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, TO CHANGE THE COMMENCEMENT OF EACH COMMISSIONER'S OFFICE TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER 31 OF EACH EVEN-NUMBERED YEAR; AND TO AMEND ACT 1006 OF 1958, RELATING TO THE ELECTION OF COMMISSIONERS OF THE BATH, LANGLEY, AND CLEARWATER WATER AND SEWER DISTRICTS IN AIKEN COUNTY, TO CHANGE THE COMMENCEMENT OF EACH COMMISSIONER'S TERM TO JANUARY FIRST IN THE YEAR FOLLOWING THE COMMISSIONER'S ELECTION AND TO CHANGE THE TERM EXPIRATION DATE TO DECEMBER 31 OF EACH EVEN-NUMBERED YEAR, TO CHANGE THE ELECTION DATE FOR COMMISSIONERS TO THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, AND TO CHANGE THE FILING PROCEDURE FOR COMMISSION CANDIDATES TO REQUIRE THEM TO FILE AN INTENTION OF CANDIDACY WITH THE AIKEN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS AND TO SET A FILING DEADLINE.
On motion of Rep. YOUNG, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. CALHOON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3770 (Word version) -- Reps. Jordan, Lowe, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Kimmons, King, Kirby, Ligon, Loftis, Long, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JUDGE A. E. "GENE" MOREHEAD III, FAMILY COURT JUDGE FOR THE TWELFTH JUDICIAL CIRCUIT, UPON THE OCCASION OF HIS RETIREMENT AS THE LONGEST SERVING FAMILY COURT JUDGE IN THE STATE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS. H. 3771 (Word version) -- Reps. Mace, B. Cox, Murphy, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE SENIOR CADET SARAH ZORN ON BECOMING THE FIRST FEMALE REGIMENTAL COMMANDER IN THE HISTORY OF THE CITADEL AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS IN ALL HER FUTURE ENDEAVORS AS SHE GRADUATES IN MAY 2019.
H. 3772 (Word version) -- Reps. Willis, Allison, Stavrinakis, Alexander, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA ARTS ALLIANCE ON THE OCCASION OF THE FORTIETH ANNIVERSARY OF ITS FOUNDING, TO CELEBRATE THE ORGANIZATION FOR FOUR DECADES OF LEADERSHIP AND ADVOCACY IN THE ARTS, AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF SUCCESS IN PURSUIT OF ITS MISSION. H. 3793 (Word version) -- Reps. Parks, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE LIFE AND WORK OF WILLIE A. TOMPKINS AND TO COMMEMORATE THE CELEBRATION AT BETHANY MISSIONARY BAPTIST CHURCH ON FEBRUARY 17, 2019.
At 11:55 a.m. the House, in accordance with the motion of Rep. FINLAY, adjourned in memory of Robert Adams VI, of Columbia, to meet at 10:00 a.m. tomorrow.
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