NO. 35
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 12:00 a.m. noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 51:10: "Create in me a clean heart, O God and put a new and right spirit within me."
Let us pray. Loving God, Heavenly Father, we are pleased to know You love us and want us to have a new and right spirit within us. Guide these men and women to understand You, O Lord, love and cherish each of us and desire for us a clean heart as we go about our duties of the day. Bless our defenders of freedom and first responders as they care and protect us. Guide our Nation, President, State, Governor, Speaker, staff, and all who give of their effort for this State. 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 Friday, the SPEAKER ordered it confirmed.
Rep. NORRELL moved that when the House adjourns, it adjourn in memory of Lieutenant Jonathan Larry "Jon" Cook, which was agreed to.
The House stood in silent prayer for the family and friends of Mallory Beach and the others injured in the boating accident near Parris Island.
The House stood in silent prayer for the victims of the tornado in Alabama and Georgia.
The following was introduced:
H. 4156 (Word version) -- Rep. Rutherford: A HOUSE RESOLUTION TO DECLARE WEDNESDAY, MARCH 6, 2019, AS "ETIQUETTE DAY IN SOUTH CAROLINA" AND TO COMMEND THE UNIVERSITY OF SOUTH CAROLINA'S EDUCATIONAL TALENT SEARCH PROGRAM FOR THIS INITIATIVE AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN BECOMING PRODUCTIVE CITIZENS.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 199 (Word version) -- Senators Turner and McElveen: A BILL TO AMEND SECTION 56-1-140(B) OF THE 1976 CODE, RELATING TO A VETERAN DESIGNATION ON A DRIVER'S LICENSE, TO PROVIDE THAT AN APPLICANT FOR A NEW, RENEWED, OR REPLACEMENT DRIVER'S LICENSE MAY APPLY TO THE DEPARTMENT TO OBTAIN A VETERAN DESIGNATION ON THE FRONT OF HIS DRIVER'S LICENSE BY PROVIDING A UNITED STATES DEPARTMENT OF DEFENSE DISCHARGE CERTIFICATE, A NATIONAL GUARD BUREAU REPORT OF SEPARATION AND RECORD OF SERVICE, OR A UNITED STATES DEPARTMENT OF DEFENSE HONORABLE DISCHARGE CERTIFICATE.
Referred to Committee on Education and Public Works
S. 548 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-146 AND SECTION 56-1-148 OF THE 1976 CODE, RELATING TO THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, TO AMEND THE DEFINITION FOR A CRIME OF VIOLENCE.
Referred to Committee on Judiciary
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 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 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 Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young Yow
The SPEAKER granted Rep. BROWN a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. CRAWFORD a temporary leave of absence.
The SPEAKER granted Rep. V. S. MOSS a temporary leave of absence.
Announcement was made that Dr. Larry R. Winn of Easley was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3020 (Word version)
Date: ADD:
03/05/19 W. NEWTON
Bill Number: H. 3029 (Word version)
Date: ADD:
03/05/19 CLEMMONS
Bill Number: H. 3087 (Word version)
Date: ADD:
03/05/19 MOORE
Bill Number: H. 3145 (Word version)
Date: ADD:
03/05/19 LUCAS, BALLENTINE, CASKEY, SIMRILL, WEST, MURPHY, MCKNIGHT, MACE, KIMMONS, DAVIS, MAGNUSON, SOTTILE, HEWITT, HIOTT, B. NEWTON, POPE, FORREST, BALES, SANDIFER, ELLIOTT, G. R. SMITH, D. C. MOSS, RUTHERFORD, R. WILLIAMS, GILLIAM, NORRELL, FUNDERBURK, G. M. SMITH, WEEKS, RIDGEWAY, YOW, W. NEWTON, BAMBERG, STAVRINAKIS, MCCOY and ERICKSON
Bill Number: H. 3200 (Word version)
Date: ADD:
03/05/19 WEEKS, NORRELL and CASKEY
Bill Number: H. 3243 (Word version)
Date: ADD:
03/05/19 CLEMMONS
Bill Number: H. 3263 (Word version)
Date: ADD:
03/05/19 HIXON, TAYLOR, FRY, WEEKS, CASKEY and ATKINSON
Bill Number: H. 3294 (Word version)
Date: ADD:
03/05/19 NORRELL, ERICKSON and CLEMMONS
Bill Number: H. 3370 (Word version)
Date: ADD:
03/05/19 NORRELL, GILLIARD and ERICKSON
Bill Number: H. 3391 (Word version)
Date: ADD:
03/05/19 W. NEWTON
Bill Number: H. 3404 (Word version)
Date: ADD:
03/05/19 W. NEWTON and HERBKERSMAN
Bill Number: H. 3725 (Word version)
Date: ADD:
03/05/19 JEFFERSON, R. WILLIAMS, HENEGAN and ERICKSON
Bill Number: H. 3759 (Word version)
Date: ADD:
03/05/19 GILLIARD, TRANTHAM and GARVIN
Bill Number: H. 3807 (Word version)
Date: ADD:
03/05/19 BERNSTEIN
Bill Number: H. 3920 (Word version)
Date: ADD:
03/05/19 BALES
Bill Number: H. 3951 (Word version)
Date: ADD:
03/05/19 GAGNON, THAYER and MCCRAVY
Bill Number: H. 3973 (Word version)
Date: ADD:
03/05/19 WEEKS and GILLIARD
Bill Number: H. 3986 (Word version)
Date: ADD:
03/05/19 ROSE
Bill Number: H. 3255 (Word version)
Date: REMOVE:
03/05/19 WILLIS
Bill Number: H. 3968 (Word version)
Date: REMOVE:
03/05/19 HYDE
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3601 (Word version) -- Reps. Rose, McCoy and Caskey: A BILL TO AMEND SECTION 16-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO ALLOW AND PROVIDE PROCEDURES FOR CONDITIONAL DISCHARGE FOR FIRST TIME OFFENDERS.
H. 4120 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF OCCUPATIONAL THERAPY, RELATING TO REACTIVATION OF INACTIVE OR LAPSED LICENSES; AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4854, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4121 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up: H. 3370 (Word version) -- Reps. Clary, Elliott, Bernstein, Kirby, Cobb-Hunter, Crawford, Murphy, Kimmons, Chellis, Caskey, Norrell, Gilliard and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1656 SO AS TO REQUIRE NONPROFIT VICTIM ASSISTANCE ORGANIZATIONS THAT SERVE VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL ASSAULT TO PROTECT THE CONFIDENTIALITY AND PRIVACY OF CLIENTS, WITH EXCEPTIONS; AND BY ADDING SECTION 19-11-110 SO AS TO PROHIBIT EMPLOYEES, AGENTS, AND VOLUNTEERS OF SUCH ORGANIZATIONS FROM TESTIFYING IN ACTIONS OR PROCEEDINGS ABOUT COMMUNICATIONS MADE BY A CLIENT OR RECORDS KEPT DURING THE COURSE OF PROVIDING SERVICES TO THE CLIENT, WITH EXCEPTIONS, AND FOR OTHER PURPOSES.
Rep. MURPHY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 3294 (Word version) -- Reps. Crawford, McCravy, Huggins, Burns, V. S. Moss, Long, G. R. Smith, Trantham, Fry, Norrell, Erickson and Clemmons: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF INFANTS AT DESIGNATED LOCATIONS WITHOUT CRIMINAL LIABILITY, SO AS TO ALLOW THE PLACEMENT OF AN INFANT NOT MORE THAN ONE YEAR OLD AT A SAFE HAVEN AND TO CHANGE THE DEFINITION OF "INFANT".
Rep. BERNSTEIN 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 Bennett Bernstein Blackwell Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cobb-Hunter Cogswell Collins W. Cox Daning Davis Elliott Erickson Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Moore D. C. Moss Murphy B. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White 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 granted leave the morning of Tuesday, March 5 and missed the vote on H. 3294. If I had been present, I would have voted in favor of the Bill.
Rep. Heather Crawford
The following Bill was taken up:
H. 3973 (Word version) -- Reps. Crawford, Mace, Erickson, Thayer, Davis, Magnuson, Bennett, Allison, Bernstein, Cobb-Hunter, Henegan, McDaniel, Norrell, Funderburk, Brawley, Simmons, Henderson-Myers, Robinson, Collins, Calhoon, Dillard, Kimmons, Trantham, Caskey, Weeks and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 TO CHAPTER 3, TITLE 16 SO AS TO PROHIBIT GENITAL MUTILATION OF A FEMALE UNDER THE AGE OF EIGHTEEN YEARS AND TO CREATE THE OFFENSE OF FEMALE GENITAL MUTILATION OF A MINOR; AND TO AMEND SECTION 63-7-20, AS AMENDED, RELATING TO TERMS DEFINED IN THE CHILDREN'S CODE, SO AS TO ADD FEMALE GENITAL MUTILATION OF A MINOR TO THE DEFINITION OF "CHILD ABUSE OR NEGLECT" OR "HARM".
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3973 (COUNCIL\VR\3973C001.NBD.VR19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-2210. For purposes of this article:
(1) 'Facilitate' means to raise, solicit, collect, or provide material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation, or the concealment of an act of female genital mutilation.
(2) 'Female genital mutilation' or 'mutilation' means:
(a) the partial or total removal of the clitoris, prepuce, or labia minora, with or without excision of the labia majora; or
(b) the narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris. (3) 'Health care professional' means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public.
(4) 'Hindering the prosecution of female genital mutilation' means actions to include, but not be limited to the:
(a) harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation;
(b) warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or
(c) suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation.
(5) 'Material support or resources' means currency or other financial securities, financial services, instruments of value, lodging, training, false documentation or identification, medical equipment, computer equipment, software, facilities, personnel, transportation, or other physical assets.
(6) 'Mutilate' means to commit female genital mutilation or mutilation.
(7) 'Unable to consent' means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for the care of the patient if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to the patient's health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration. If a patient unable to consent is being admitted to hospice care pursuant to a physician certification of a terminal illness required by Medicare, that certification meets the certification requirements of this item.
Section 16-3-2220. (A) It is unlawful for a person to:
(1) knowingly mutilate or attempt to mutilate a female who is under eighteen years of age or who is unable to consent; (2) knowingly facilitate the mutilation of a female who is under eighteen years of age of who is unable to consent; or
(3) knowingly transport or facilitate the transportation of a female who is under eighteen years of age or who is unable to consent from this State for the purpose of mutilation.
(B) Any person who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than twenty thousand dollars or imprisoned not more than twenty years, or both.
(C) Section 63-5-330 does not apply to this chapter.
Section 16-3-2230. (A) It is not a defense to prosecution for a violation of this article that a female genital mutilation procedure is:
(1) required as a matter of belief, custom, or ritual;
(2) consented to by the minor or female who is unable to consent on whom the procedure is performed; or
(3) consented to by the parent or legal guardian of the minor or female who is unable to consent on whom the procedure is performed.
(B) A procedure involving female genital mutilation is not a violation of this article if it is:
(1) necessary to the physical health of the minor or female who is unable to consent on whom it is performed; or
(2) performed on a minor or female who is unable to consent who is in labor or who has just given birth for medical purposes connected with that labor or birth.
(C) A physician, physician-in-training, nurse, certified nurse-midwife, or any other medical professional who performs, participates in, or facilitates a female genital mutilation procedure which does not fall under one of the exceptions listed in subsection (B), in addition to the criminal penalties provided in this article, shall have his professional license or certification permanently revoked.
Section 16-3-2240. (A) An indictment for a violation or an attempted violation of this article may be found and filed within ten years after the offense is committed or by the alleged victim's twenty-second birthday, whichever is later.
(B) The provisions of this article do not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same transaction or occurrence as the violation of this article."
SECTION 2. Section 63-7-20(6)(a)(v) and (vi) of the 1976 Code, as last amended by Act 146 of 2018, is further amended to read:
"(v) encourages, condones, or approves the commission of delinquent acts by the child including, but not limited to, sexual trafficking or exploitation, and the commission of the acts are shown to be the result of the encouragement, condonation, or approval; or
(vi) commits or allows to be committed against the child female genital mutilation as defined in Section 16-3-2210 or engages in acts or omissions that present a substantial risk that the crime of female genital mutilation would be committed against the child; or
(vii) has committed abuse or neglect as described in subitems (i) through (v)(vi) such that a child who subsequently becomes part of the person's household is at substantial risk of one of those forms of abuse or neglect; or"
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. 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 question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bennett Bernstein Blackwell Bradley Brawley Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cobb-Hunter Cogswell Collins W. Cox Daning Davis Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis 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 leave the morning of Tuesday, March 5 and missed the vote on H. 3973. If I had been present, I would have voted in favor of the Bill.
Rep. Heather Crawford
The following Bill was taken up:
H. 3029 (Word version) -- Reps. Fry, B. Newton, Crawford and Clemmons: A BILL TO AMEND SECTION 7-17-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEES TO HEAR CERTAIN PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEES ALSO TO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS AND LESS THAN COUNTY OFFICERS; AND TO REPEAL SECTIONS 7-17-530, 7-17-540, AND 7-17-550 RELATING TO HEARINGS BY COUNTY EXECUTIVE COMMITTEES AND APPEALS FROM DECISIONS OF COUNTY EXECUTIVE COMMITTEES.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3029 (COUNCIL\ZW\3029C001.CC.ZW19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Sections 7-17-520, 7-17-530, 7-17-540, and 7-17-550 are repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Allison Anderson Atkinson Bailey Bales Ballentine Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee 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 Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss Murphy B. Newton W. Newton Norrell Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
I was granted leave the morning of Tuesday, March 5 and missed the vote on H. 3029. If I had been present, I would have voted in favor of the Bill.
Rep. Heather Crawford
The following Bill was taken up:
H. 3243 (Word version) -- Reps. Bernstein, W. Cox, Fry and Clemmons: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF SPECIFIED FILING AND RECORDING FEES, SO AS TO REVISE AND FURTHER PROVIDE FOR VARIOUS FILING FEES, INCLUDING A FLAT FEE OF TWENTY-FIVE DOLLARS FOR CERTAIN DOCUMENTS FILED OR RECORDED WITH THE REGISTER OF DEEDS OR CLERKS OF COURT, AND A FLAT FEE OF TEN DOLLARS FOR CERTAIN OTHER DOCUMENTS FILED OR RECORDED WITH THE REGISTER OF DEEDS OR CLERKS OF COURT, AS APPROPRIATE, AND TO PROVIDE EXCEPTIONS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3243 (COUNCIL\SD\3243C001.NL.SD19):
Amend the bill, as and if amended, Section 8-21-310(B), as contained in SECTION 1, page 6, beginning on line 32, by adding at the end of subitem (17) / ; or / and by adding a new subitem (18) to read:
/ (18) filing a document relating to title of an interest in a vacation time sharing plan organized under Title 27, Chapter 32. Provided, however, the document must include clear notice on the first page and be titled 'Vacation Timesharing Ownership Deed', indicating that the document relates to a deeded interest in a vacation time share plan. /
When amended items (17) and (18) shall read:
/ (17) recording a release or discharge of a mechanic's lien, or notice of pendency of an action of suit to enforce a mechanic's lien in accordance with Chapter 5, Title 29; or
(18) filing a document relating to title of an interest in a vacation time sharing plan organized under Title 27, Chapter 32. Provided, however, the document must include clear notice on the first page and be titled 'Vacation Timesharing Ownership Deed', indicating that the document relates to a deeded interest in a vacation time share plan. /
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
Rep. HILL requested debate on the Bill.
Rep. BERNSTEIN continued speaking.
Rep. TRANTHAM requested debate on the Bill.
Rep. JOHNSON moved to adjourn debate on the Bill until Wednesday, March 6, which was agreed to.
The following Joint Resolution was taken up:
H. 4111 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF SOCIAL WORK EXAMINERS, RELATING TO CONTINUING EDUCATION ADVISORY COMMITTEE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4864, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Alexander Allison Anderson Bailey Bales Ballentine Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon 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 Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Loftis Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. 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 Toole Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten Young Yow
So, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4112 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF VETERINARY MEDICAL EXAMINERS, RELATING TO VETERINARY MEDICINE AND ANIMAL SHELTERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bernstein Blackwell Bradley Brawley 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 Govan Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lowe Lucas Mace 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 Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. GARVIN moved that the House recur to the morning hour, which was agreed to.
The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4000 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2019, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference
H. 4001 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2018-2019, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Without Reference
H. 4157 (Word version) -- Reps. Lucas, G. M. Smith, Simrill and Bannister: A JOINT RESOLUTION TO EXTEND THE DEADLINE TO SUBMIT OFFERS FOR A SOLICITATION FOR A STATEWIDE VOTING SYSTEM SOLUTION FOR THE SOUTH CAROLINA ELECTIONS COMMISSION AND TO CREATE A SPECIAL EVALUATION PANEL TO EVALUATE AND SCORE EACH PROPOSAL.
On motion of Rep. G. M. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
Rep. JEFFERSON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 4102 (Word version) -- Reps. R. Williams, 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, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MRS. ALADA SHINAULT SMALL FOR HER SUPPORT IN IDENTIFYING AND PRESERVING THE CONTRIBUTIONS OF THE STATE'S AFRICAN AMERICANS THROUGH SERVICE AS A CHARTER MEMBER OF THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION. H. 4103 (Word version) -- Reps. R. Williams, 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, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. BHAKTI LARRY HOUGH FOR HIS SUPPORT IN IDENTIFYING AND PRESERVING THE CONTRIBUTIONS OF THE STATE'S AFRICAN AMERICANS THROUGH SERVICE AS A CHARTER MEMBER OF THE SOUTH CAROLINA AFRICAN AMERICAN HERITAGE COMMISSION.
At 1:21 p.m. the House, in accordance with the motion of Rep. NORRELL, adjourned in memory of Lieutenant Jonathan Larry "Jon" Cook, to meet at 10:00 a.m. tomorrow.
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