NO. 42
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from 1 Corinthians 10:13: "God is faithful, and He will not let you be tested beyond your strength."
Let us pray. Faithful God, help us to listen with love to those who feel overwhelmed. Provide these Representatives and staff the will and strength to do what is required. Bless them in their endeavors. We remember before You our defenders of freedom and first responders who care for and protect us. Bless our Nation, President, State, Governor, Speaker, staff, and all who give of their time and talents in this House. 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 Wednesday, March 13, the SPEAKER ordered it confirmed.
Rep. DAVIS moved that when the House adjourns, it adjourn in memory of James Hewlette Rozier, Jr., which was agreed to.
The House stood in silent prayer for Representative Young and his family.
The following was received:
Columbia, S.C., March 13, 2019
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. POPE the invitation was accepted.
The following was received and referred to the appropriate committee for consideration:
Document No. 4873
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-10 et seq.
Air Pollution Control Regulations and Standards
Received by Speaker of the House of Representatives March 14, 2019
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration March 17, 2020
The following was introduced: H. 4248 (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 RECOGNIZE AND HONOR THE FIREFIGHTERS OF THE WARE SHOALS FIRE DEPARTMENT FOR DECADES OF OUTSTANDING SERVICE TO THE FIRE DISTRICT AND TO CELEBRATE THE GRAND OPENING OF THEIR NEW FIRE STATION.
The Resolution was adopted.
The Senate sent to the House the following:
S. 552 (Word version) -- Senators Shealy and Young: A CONCURRENT RESOLUTION TO RECOGNIZE WEDNESDAY, MARCH 20, 2019 AS "NATIONAL GUARD DAY" IN SOUTH CAROLINA TO HONOR THE MANY SACRIFICES AND VALUABLE CONTRIBUTIONS THAT THE SOUTH CAROLINA NATIONAL GUARD MAKES TO PROTECT THE FREEDOM, DEMOCRACY, AND SECURITY OF OUR STATE AND NATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4249 (Word version) -- Rep. Daning: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF COMPENSATION THAT MAY BE EARNED UPON RETURNING TO COVERED EMPLOYMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICER RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO DELETE THE EARNINGS LIMITATION.
Referred to Committee on Ways and Means
S. 214 (Word version) -- Senators Kimpson, Sheheen, Gregory, Campsen and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-71 SO AS TO DEFINE "MARKETPLACE FACILITATOR"; TO AMEND SECTIONS 12-36-70, 12-36-90, AND 12-36-130, ALL RELATING TO SALES TAX DEFINITIONS, SO AS TO FURTHER INFORM MARKETPLACE FACILITATORS OF THEIR REQUIREMENTS; AND TO AMEND SECTION 12-36-1340, RELATING TO THE COLLECTION OF SALES TAX BY RETAILERS, SO AS TO FURTHER INFORM MARKETPLACE FACILITATORS OF THEIR REQUIREMENTS.
Referred to Committee on Ways and Means
S. 525 (Word version) -- Senators Grooms, Reese, Massey, J. Matthews, Gambrell, Goldfinch, Setzler, Gregory, Harpootlian, Sheheen, Alexander, Verdin, Talley, Campsen, Campbell, Hutto, Young, Turner, Cromer, Corbin, Davis, Climer, Johnson, Kimpson, McElveen, McLeod, Sabb, Williams, Leatherman, Malloy, Fanning, Hembree and Rankin: A BILL TO AMEND SECTION 44-2-90 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF ACCRUED INTEREST IN THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND, TO REPEAL THE ABOLITION OF THE ENVIRONMENTAL IMPACT FEE.
Referred to Committee on Ways and Means
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 Daning Davis Dillard Elliott Erickson Felder Finlay Forrest 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 Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
The SPEAKER granted Rep. PARKS a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. YOUNG a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. FORRESTER a leave of absence for the day.
The SPEAKER granted Rep. THAYER a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. KIRBY a temporary leave of absence.
The SPEAKER granted Rep. CRAWFORD a temporary leave of absence.
The SPEAKER granted Rep. MACK a leave of absence for the day due to family concerns.
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:
03/19/19 TALLON and TAYLOR
Bill Number: H. 3166 (Word version)
Date: ADD:
03/19/19 DANING
Bill Number: H. 3259 (Word version)
Date: ADD:
03/19/19 ROSE
Bill Number: H. 3319 (Word version)
Date: ADD:
03/19/19 RIVERS, ALEXANDER, BRAWLEY and DILLARD
Bill Number: H. 3340 (Word version)
Date: ADD:
03/19/19 DANING
Bill Number: H. 3357 (Word version)
Date: ADD:
03/19/19 GILLIARD
Bill Number: H. 3391 (Word version)
Date: ADD:
03/19/19 DANING
Bill Number: H. 3596 (Word version)
Date: ADD:
03/19/19 WEEKS, YOW, WHITMIRE, HOSEY and CLYBURN
Bill Number: H. 3656 (Word version)
Date: ADD:
03/19/19 ROSE
Bill Number: H. 3681 (Word version)
Date: ADD:
03/19/19 SIMRILL
Bill Number: H. 3708 (Word version)
Date: ADD:
03/19/19 POPE and TALLON
Bill Number: H. 3936 (Word version)
Date: ADD:
03/19/19 ERICKSON
Bill Number: H. 3951 (Word version)
Date: ADD:
03/19/19 B. NEWTON
Bill Number: H. 4147 (Word version)
Date: ADD:
03/19/19 MCGINNIS
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:
H. 3845 (Word version) -- Reps. Elliott and Loftis: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA PUBLIC CHARTER SCHOOL DISTRICT TO PROVIDE CERTAIN FUNDS FOR THREE- AND FOUR-YEAR-OLD CHILDREN WITH A DISABILITY WHO ARE ELIGIBLE FOR SERVICES UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AND ATTENDED SCHOOLS THAT DID NOT RECEIVE CERTAIN FUNDING.
The following Bill was taken up: H. 3755 (Word version) -- Reps. Sandifer, Spires and Anderson: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO AUTOMOBILE INSURANCE COVERAGE, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR THE RENEWAL OF AN AUTOMOBILE COVERAGE POLICY AND TO DEFINE THE TERM "REDUCTION IN COVERAGE"; AND TO AMEND SECTION 38-77-120, RELATING TO NOTICE REQUIREMENTS FOR CANCELLATION OR THE REFUSAL TO RENEW A POLICY, SO AS TO ALLOW FOR AN INSURER TO RENEW A POLICY WITH A REDUCTION IN COVERAGE AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE REDUCTION IN COVERAGE.
Rep. SPIRES proposed the following Amendment No. 1 to H. 3755 (COUNCIL\CZ\3755C001.JN.CZ19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 38-77-120(b) of the 1976 Code is amended to read:
"(b) Subsection (a) does not apply if the:
(1) insurer has manifested to the insured its willingness to renew or to renew with a reduction in coverage by actually issuing or offering to the insured to issue a renewal policy, certificate, or other evidence of renewal, or has manifested such intention to the insured by any other means provided that in the case of a reduction in coverage, the insurer provides notice of a reduction in coverage to the named insured in a separate document entitled the 'Notice of Reduction in Coverage' no less than fifteen days prior to the effective date of the renewal that includes the proposed reduction in coverage. This notice must:
(i) inform the insured of the reduction or elimination by the coverage section in the renewal policy or certificate; and
(ii) provide that it is a notice of coverage changes.
The Notice of Reduction in Coverage does not amend, extend, or alter coverage provided in a policy. An insurer's Notice of Reduction in Coverage must be provided to the director or his designee upon request when investigating a consumer complaint or when otherwise requested. The director or his designee may direct the insurer to provide the renewal without the reduction in coverage if the insurer fails to meet the requirements of this section. The director or his designee may issue guidance to an insurer or to the industry regarding the form and contents of the Notice of Reduction in Coverage in response to consumer inquiries or complaints;
(2) named insured has demonstrated by some overt action to the insurer or its agent that he expressly intends that the policy be canceled or that it not be renewed." /
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS 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 Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bryant Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Sandifer Simmons G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Toole Weeks Wheeler White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
Caskey Fry Hill Johnson
The Bill, as amended, was read the third time, and ordered sent to the Senate.
The following Bill was taken up:
H. 3986 (Word version) -- Reps. G. M. Smith, Willis and Rose: A BILL TO AMEND ARTICLE 3 OF CHAPTER 5, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ABLE SAVINGS PROGRAM" SO AS TO RENAME THE PROGRAM THE "SOUTH CAROLINA STABLE ACCOUNT PROGRAM" AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 12-6-1140, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO MAKE CONFORMING CHANGES; AND TO DIRECT THE CODE COMMISSIONER TO MAKE CERTAIN CONFORMING CHANGES.
Rep. WEEKS moved to adjourn debate on the Bill until Wednesday, March 20, which was agreed to.
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.
Reps. WEEKS, HAYES, MOORE, GARVIN, S. WILLIAMS, MCDANIEL, KIRBY, ATKINSON, NORRELL, HENEGAN, OTT, JEFFERSON, PENDARVIS, BALES, KING, HEWITT, FRY, HOSEY and TOOLE requested debate on the Bill.
The following Bill was taken up:
S. 160 (Word version) -- Senators Allen, Davis, Turner, Rice, Talley, Gambrell and Nicholson: 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. WEEKS moved to adjourn debate on the Bill until Wednesday, March 20, which was agreed to.
The following Bill was taken up:
H. 3936 (Word version) -- Reps. Davis, Daning, Chellis, Thigpen, Pendarvis and Erickson: A BILL TO AMEND SECTION 59-104-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO INCLUDE TWO-YEAR INSTITUTIONS OF HIGHER LEARNING AND TECHNICAL COLLEGES AMONG INSTITUTIONS OF HIGHER LEARNING WHOSE STUDENTS MAY BE ELIGIBLE FOR THE SCHOLARSHIPS.
Rep. TAYLOR explained the Bill. Reps. STAVRINAKIS, STRINGER, ALLISON, ROSE, HART, KIRBY, JEFFERSON, R. WILLIAMS, MCCOY, GARVIN and S. WILLIAMS requested debate on the Bill.
The following Bill was taken up:
H. 3357 (Word version) -- Reps. Wooten, Collins, Brawley, Huggins, Taylor, Hixon and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ADD A NOTATION TO A PRIVATE PASSENGER-CARRYING MOTOR VEHICLE REGISTRATION TO INDICATE THE VEHICLE OWNER MAY BE DEAF OR HARD OF HEARING.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3357 (COUNCIL\CM\3357C002. GT.CM19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-115. The Department of Motor Vehicles may add a notation to a private passenger-carrying motor vehicle registration to indicate that the driver may be deaf or hard of hearing. The application for this special motor vehicle registration notation must include an original certificate from a licensed physician, as defined in Section 40-47-5, or licensed audiologist, as defined in Section 40-67-220, that certifies that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The 'deaf or hard of hearing' notation would only appear when a law enforcement check is run on the vehicle's license plate through the department's online interface with law enforcement to alert the officer that the driver may be deaf or hard of hearing."
SECTION 2. This act takes effect one year after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. LONG 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 Bradley Brawley Bryant Burns Caskey Clary Clemmons Cobb-Hunter Cogswell Collins W. Cox Daning Davis Dillard Elliott Erickson Felder Forrest Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henegan Herbkersman Hewitt Hill Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McCravy Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pope Ridgeway Simrill G. R. Smith Sottile Spires Stringer Taylor Thigpen Toole Trantham Weeks Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
I was temporarily out of the Chamber on constituent business during the vote on H. 3357. If I had been present, I would have voted in favor of the Bill.
Rep. Eddie Tallon
The following Bill was taken up:
H. 3952 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 56-2-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF GOLF CARTS AND THE ISSUANCE OF GOLF CART PERMITS BY THE DEPARTMENT OF MOTOR VEHICLES, AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT A LOCAL GOVERNMENTAL BODY MAY REGULATE AN ENTITY OFFERING GOLF CARTS FOR RENT OR LEASE WITHIN ITS JURISDICTION UNDER CERTAIN CIRCUMSTANCES; AND BY ADDING SECTION 56-2-3110 SO AS TO PROVIDE THAT A LOCAL GOVERNMENTAL BODY MAY REGULATE AN ENTITY OFFERING MOPEDS FOR RENT OR LEASE WITHIN ITS JURISDICTION UNDER CERTAIN CIRCUMSTANCES.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3952 (COUNCIL\CM\3952C002. GT.CM19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 56-2-105(F)(4) of the 1976 Code is amended to read:
"(4)(a) A political subdivision may not reduce or otherwise amend the other restrictions placed on the operation of a permitted golf cart contained in this section.
(b) Notwithstanding the provisions of this item, a county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering golf carts for rental or lease for a period of less than nine months that operate upon the public streets and highways within the jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased golf carts may operate. Nothing in this ordinance may conflict with or exceed existing limitations of state law."/
Amend the bill further, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Article 3, Chapter 2, Title 56 of the 1976 Code is amended by adding:
"Section 56-2-3110. A county in the unincorporated areas of the county or a municipality within its corporate limits may by ordinance regulate a person or entity offering mopeds for rental or lease for a period of less than nine months that operate upon the public streets and highways within its jurisdiction. However, this ordinance is limited to the use of safety devices and the geographic area, distance, identification of the vehicles, and specified public roadways on which the rented or leased mopeds may operate. Nothing in this ordinance may conflict with or exceed existing limitations of state law." /
Renumber sections to conform.
Amend title to conform.
Rep. STRINGER explained the amendment.
The amendment was then adopted.
Rep. STRINGER explained the Bill.
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:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henegan Herbkersman Hewitt Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Magnuson Martin McCoy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Trantham Weeks Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Hiott McCravy Toole White
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3621 (Word version) -- Reps. V. S. Moss, D. C. Moss, Erickson and W. Cox: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO CHANGE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50, RELATING TO CERTIFICATION OF ATHLETIC TRAINERS, SO AS TO REVISE THE NAME OF THE REQUIRED EXAMINATION; TO AMEND SECTION 44-75-100, RELATING TO EMPLOYEES OF ORGANIZATIONS THAT ARE CONSIDERED ATHLETIC TRAINERS, SO AS TO ADD CERTAIN ORGANIZATIONS; AND TO AMEND SECTION 44-75-120, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO TAKE CERTAIN DISCIPLINARY ACTIONS, INCLUDING THE IMPOSITION OF MONETARY PENALTIES.
Rep. V. S. MOSS 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 Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Felder Finlay Forrest Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss Murphy B. Newton W. Newton Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Hill Magnuson
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 3725 (Word version) -- Reps. Felder, King, Elliott, Hill, McDaniel, Simmons, W. Cox, Loftis, Jefferson, R. Williams, Henegan, Erickson and Burns: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-320 SO AS TO ESTABLISH AN "ADVISORY COUNCIL ON PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC SYNDROME (PANS) AND PEDIATRIC AUTOIMMUNE NEUROPSYCHIATRIC DISORDER ASSOCIATED WITH STREPTOCOCCAL INFECTIONS (PANDAS)"; TO PROVIDE FOR MEMBERSHIP, DUTIES, AND REPORTING REQUIREMENTS OF THE ADVISORY COUNCIL; TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPOINT CERTAIN MEMBERS AND TO PROVIDE STAFF SUPPORT; AND FOR OTHER PURPOSES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3725 (COUNCIL\VR\3725C001.AGM.VR19), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-320. (A) There is established an advisory council on pediatric acute-onset neuropsychiatric syndrome (PANS) and its subset, pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS), to advise the Department of Health and Environmental Control on research, diagnosis, treatment, and education relating to the syndrome and disorder.
(B) The advisory council shall consist of the following members who, except as otherwise provided, must be appointed by the director of the department:
(1) a representative of a nonprofit pediatric acute-onset neuropsychiatric syndrome advocacy organization;
(2) a representative of a professional organization for school psychologists or school social workers organized under the laws of this State;
(3) a representative of a professional organization for school nurses organized under the laws of this State;
(4) a family practice physician licensed and practicing in this State who has experience treating persons with pediatric acute-onset neuropsychiatric syndrome;
(5) a pediatrician licensed and practicing in this State who has experience treating persons with pediatric acute-onset neuropsychiatric syndrome;
(6) a child psychiatrist licensed and practicing in this State who has experience treating persons with pediatric acute-onset neuropsychiatric syndrome;
(7) a representative of the National Alliance on Mental Illness (NAMI), with training on teaching classes on mental health management, 'NAMI Ending the Silence', or support group facilitation; (8) a parent with a child who has been diagnosed with pediatric acute-onset neuropsychiatric syndrome;
(9) a representative of the State Board of Education with experience in special education;
(10) one member of the House of Representatives, appointed by the Chairman of the House Medical, Military, Public and Municipal Affairs Committee;
(11) one member of the Senate, appointed by the Chairman of the Senate Medical Affairs Committee; and
(12) the director of the department, or a designee, who shall be an ex-officio, nonvoting member and shall attend all meetings of the advisory council.
(C) Any member of the advisory council appointed pursuant to this section may be a member of the General Assembly. Appointed members shall serve for a period of two years and until their successor is appointed. The members shall elect a chairperson and vice chairperson from among the membership. The department shall provide staff support for the advisory council to perform their duties.
(D) Members of the advisory council may not receive compensation, but are entitled to mileage, subsistence, and per diem as allowed by law for members of state boards, committees, and commissions.
(E) The director of the department shall schedule the first meeting of the advisory council, which must be held no later than ninety days after the effective date of this act. A majority of the voting council members constitutes a quorum. A majority of the quorum is required for any official action of the advisory council. The advisory council shall meet upon the call of the chairperson and at the request of a majority of the members of the advisory council; provided, the advisory council shall meet at least four times per year.
(F) No later than July 1, 2020, and annually thereafter, the advisory council shall issue a report to the General Assembly with recommendations concerning:
(1) up-to-date practice guidelines for the diagnosis and treatment of pediatric acute-onset neuropsychiatric syndrome (PANS) and its subset, pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS);
(2) mechanisms to increase clinical awareness and education regarding the syndrome and disorder among physicians, including pediatricians, school-based health centers, and providers of mental health services; (3) outreach to educators and parents to increase awareness of the syndrome and disorder; and
(4) development of a network of volunteer experts on the diagnosis and treatment of the syndrome and disorder to assist in education and outreach.
(G) The advisory council must be dissolved two years after the effective date of this act."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HART 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:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Loftis Long Lucas Mace Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Being called out of the Chamber, I missed the vote on H. 3725. I wish for the record to show that I would have voted 'yes' on the Bill.
Rep. Bill Clyburn
The following Bill was taken up:
H. 3807 (Word version) -- Reps. Felder and Bernstein: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "TEEN SKIN CANCER PREVENTION ACT" BY ADDING CHAPTER 129 TO TITLE 44 SO AS TO PROHIBIT INDIVIDUALS UNDER EIGHTEEN YEARS OF AGE FROM USING TANNING EQUIPMENT IN TANNING FACILITIES, TO ESTABLISH PENALTIES, AND FOR OTHER PURPOSES.
Reps. FRY, MAGNUSON, TALLON, LONG, DANING, TOOLE, HILL, OTT, WHITE, JOHNSON, MCGINNIS, HARDEE, BAILEY, G. R. SMITH, S. WILLIAMS, GARVIN and B. COX requested debate on the Bill.
The following Bill was taken up: 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.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3821 (COUNCIL\WAB\3821C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act must be known and may be cited as the "Advanced Practice Registered Nurse Act".
SECTION 2. Section 40-33-34(D)(2) and (F)(1)(e) and (f) of the 1976 Code, as last amended by Act 234 of 2018, is further amended to read:
"(2) Notwithstanding any provisions of state law other than this chapter and Chapter 47, and to the extent permitted by federal law, an APRN may perform the following medical acts unless otherwise provided in the practice agreement:
(a) provide noncontrolled prescription drugs at an entity that provides free medical care for indigent patients;
(b) certify that a student is unable to attend school but may benefit from receiving instruction given in his home or hospital;
(c) refer a patient to physical therapy for treatment;
(d) pronounce death, certify the manner and cause of death, and sign death certificates pursuant to the provisions of Chapter 63, Title 44 and Chapter 8, Title 32;
(e) issue an order for a patient to receive appropriate services from a licensed hospice as defined in Chapter 71, Title 44; and
(f) certify that an individual is handicapped and declare that the handicap is temporary or permanent for purposes of the individual's application for a placard; and
(g) execute a do not resuscitate order pursuant to the provisions of Chapter 78, Title 44. (e) may include Schedule II narcotic substances if listed in the practice agreement and as authorized by Section 44-53-300, provided, however, that the prescription must not exceed a five-day supply and another prescription must not be written without the written agreement of the physician with whom the nurse practitioner, certified nurse-midwife, or clinical nurse specialist has entered into a practice agreement, unless the prescription is written for patients in hospice or palliative care or for patients residing in long-term care facilities;
(f) may include Schedule II narcotic substances for patients in hospice or palliative care, or for patients in long-term care facilities, if listed in the practice agreement as authorized by Section 44-53-300, provided, however, that each such prescription must not exceed a thirty-day supply;"
SECTION 3. This act takes effect sixty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CLARY 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:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Hayes Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan King Kirby Ligon Long Lucas Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Toole Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Yow
Those who voted in the negative are:
Calhoon Caskey Kimmons Wooten
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 3789 (Word version) -- Reps. Willis, Allison, Bennett and Elliott: A BILL TO AMEND SECTIONS 56-1-35, 56-1-40, 56-1-140, 56-1-210, 56-1-2100, AND 56-1-3350, RELATING TO THE ISSUANCE, RENEWAL, AND EXPIRATION OF A DRIVER'S LICENSE, BEGINNER'S PERMIT, COMMERCIAL DRIVER LICENSE, AND SPECIAL IDENTIFICATION CARD, AND THE PLACEMENT OF A VETERAN DESIGNATION ON A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, SO AS TO REVISE THE PERIOD IN WHICH A DRIVER'S LICENSE AND CERTAIN COMMERCIAL DRIVER LICENSES ARE VALID, TO REVISE THE FEE TO OBTAIN A DRIVER'S LICENSE, CERTAIN COMMERCIAL DRIVER LICENSES, AND SPECIAL IDENTIFICATION CARDS, TO REVISE THE DOCUMENTS THAT MUST BE PROVIDED TO THE DEPARTMENT OF MOTOR VEHICLES TO OBTAIN A VETERAN DESIGNATION ON A DRIVER'S LICENSE OR A SPECIAL IDENTIFICATION CARD, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON IS PERMITTED TO ONLY HAVE ONE DRIVER'S LICENSE OR IDENTIFICATION CARD.
Rep. HERBKERSMAN 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. STAVRINAKIS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4250 (Word version) -- Reps. Henegan, Bennett, Allison, Bernstein, Brawley, Calhoon, Cobb-Hunter, Crawford, Erickson, Felder, Funderburk, Henderson-Myers, Kimmons, Norrell, Parks, Robinson, Simmons, Thayer and Trantham: A HOUSE RESOLUTION TO PROCLAIM MARCH 19, 2019, AS "CELEBRATING WOMEN IN PUBLIC SERVICE DAY" IN SOUTH CAROLINA AND CALL UPON THE PEOPLE OF THE PALMETTO STATE TO UNITE AS WE SUPPORT THE SUCCESS OF WOMEN IN PUBLIC OFFICE.
Whereas, the month of March is Women's History Month and celebrates the significant contributions women of all races, ethnicities, and backgrounds have made to the world; and
Whereas, women play a critical role in the vitality and diversity of our communities, and are essential to ensuring South Carolina is well-represented; and Whereas, while the twentieth century was a pivotal time of growth for women entering politics, women remain underrepresented in male-dominated fields, and thus, providing opportunities to support women in public office is imperative; and
Whereas, recognizing women in public office will bring awareness to the fundamental necessity of their work and will inspire other young people to serve their communities. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, proclaim March 19th, 2019, as "Celebrating Women in Public Office Day" in South Carolina and call upon the people of the Palmetto State to unite as we support the success of women in public office.
The Resolution was adopted.
The following was introduced:
H. 4251 (Word version) -- Reps. Hiott, 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, 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 PICKENS COUNTY FIRST STEPS FOR ITS EFFORTS IN PROMOTING SCHOOL READINESS AMONG THE CHILDREN OF PICKENS COUNTY.
The following was introduced:
H. 4252 (Word version) -- Reps. Ballentine, Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, 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, 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 CONGRATULATE THE CHAPIN HIGH SCHOOL AND CHAPIN MIDDLE SCHOOL DANCE TEAMS FOR CAPTURING NATIONAL TITLES AT THE ESPN CONTEST OF CHAMPIONS NATIONAL DANCE TEAM CHAMPIONSHIP, HELD AT DISNEY WORLD.
The Resolution was adopted.
The following was introduced:
H. 4253 (Word version) -- Rep. Hixon: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE CITY OF NORTH AUGUSTA FOR THE DEVELOPMENT OF RIVERSIDE VILLAGE AND TO CONGRATULATE THE CITIZENS AND LEADERS OF NORTH AUGUSTA FOR RECEIVING THE 2019 JOSEPH P. RILEY JR. ACHIEVEMENT AWARD IN ECONOMIC DEVELOPMENT.
The following was introduced:
H. 4254 (Word version) -- Reps. Atkinson, Alexander, Allison, Anderson, 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, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE LATTA DIXIE PONYTAIL SOFTBALL TEAM AND COACHES FOR AN EXTRAORDINARY SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2018 TRADITIONAL DIVISION WORLD SERIES CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced: H. 4255 (Word version) -- Reps. Ridgeway, 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, 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 THE SCOTT'S BRANCH HIGH SCHOOL GIRLS BASKETBALL TEAM FOR CAPTURING THE 2019 CLASS A STATE CHAMPIONSHIP TITLE AND TO HONOR THE TEAM'S EXCEPTIONAL PLAYERS, COACHES, AND STAFF.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4256 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-295 SO AS TO PROHIBIT THE DIVIDING OF FEES OR OTHER COMPENSATION CHARGED OR RECEIVED BY LICENSEES OF THE BOARD OF FUNERAL SERVICE WITH ANOTHER PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION, OR LEGAL ENTITY FOR THE DELIVERY OR PERFORMANCE OF FUNERAL SERVICES; TO AMEND SECTION 32-7-100, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PRENEED FUNERAL CONTRACTS, SO AS TO INCREASE FINE RANGES AND PERMANENTLY BAR PERSONS CONVICTED OF A FELONY FROM CONDUCTING PRENEED CONTRACT SALES; TO AMEND SECTION 32-7-110, RELATING TO THE INVESTIGATION OF COMPLAINTS AGAINST UNLICENSED PRENEED CONTRACT SALES PROVIDERS, SO AS TO PROVIDE COMPLAINTS TO WHICH THE DEPARTMENT SHALL RESPOND MAY BE WRITTEN OR ORAL; TO AMEND SECTION 32-8-360, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFE CREMATION ACT, SO AS TO INCREASE MONETARY FINES AND REQUIRE IMMEDIATE REPORTING OF VIOLATIONS TO THE BOARD; TO AMEND SECTION 32-8-385, RELATING TO REQUIREMENTS THAT CREMATORIES EMPLOY CERTAIN TRAINED STAFF TO PERFORM CREMATIONS, SO AS TO REQUIRE ALL CREMATIONS BE PERFORMED BY THESE TRAINED STAFF MEMBERS; TO AMEND SECTION 40-19-10, RELATING TO THE COMPOSITION OF THE BOARD, SO AS TO REQUIRE SEVEN OF THE NINE LICENSEE MEMBERS BE APPOINTED ONE FROM EACH CONGRESSIONAL DISTRICT, AND TO PROVIDE FOR THE GRADUAL IMPLEMENTATION OF THIS PROVISION AS THE TERMS OF CURRENT MEMBERS EXPIRE ON A STAGGERED BASIS; TO AMEND SECTION 40-19-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 40-19-30, RELATING TO THE REQUIREMENT OF LICENSURE TO PRACTICE FUNERAL SERVICE, SO AS TO PROVIDE CONDUCT CONSTITUTING THE PRACTICE OF FUNERAL SERVICE INCLUDES PARTIES WHO EXERCISE ANY CONTROL OR AUTHORITY OVER A FUNERAL ESTABLISHMENT OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, AND TO PROHIBIT CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN WHOSE NAME APPEARS THE NAME OF A PERSON WITH A REVOKED OR LAPSED LICENSE FROM HAVING A LICENSE TO OPERATE A FUNERAL HOME; TO AMEND SECTION 40-19-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE BOARD MEMBERS, COMMITTEES, OR EMPLOYEES MAY NOT BE LIABLE FOR ACTS PERFORMED IN THE COURSE OF THEIR OFFICIAL DUTIES IN THE ABSENCE OF MALICE SHOWN AND PROVEN IN A COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 40-19-80, RELATING TO INSPECTORS EMPLOYED BY THE BOARD, SO AS TO INSTEAD REQUIRE THE BOARD TO EMPLOY AT LEAST TWO INVESTIGATORS WHO MAY BE LICENSED EMBALMERS AND FUNERAL DIRECTORS WITH CERTAIN EXPERIENCE BUT WHO HAVE NOT BEEN DISCIPLINED; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO CONDUCT CONSTITUTING UNPROFESSIONAL CONDUCT BY A LICENSEE OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 40-19-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO INCLUDE UNLICENSED PERSONS WITH THIS JURISDICTION; TO AMEND SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS PROHIBITING THE PRACTICE OF FUNERAL SERVICES WITHOUT A LICENSE OR USING FALSE INFORMATION TO OBTAIN SUCH LICENSURE, SO AS TO INCREASE MONETARY FINES, AND TO SUBJECT PERSONS WHO AID AND ABET UNLICENSED PERSONS OR ENTITIES IN ENGAGING IN THE PRACTICE OF FUNERAL SERVICE WITHOUT LICENSURE TO THESE PENALTIES; TO AMEND SECTION 40-19-250, RELATING TO CONTINUING EDUCATION PROGRAMS, SO AS TO REQUIRE CERTAIN COURSEWORK IN ETHICS, TO REQUIRE FOUR HOURS OF TOTAL ANNUAL COURSEWORK, TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK TO BE IN ETHICS, AND TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK BE COMPLETED IN PERSON; AND TO AMEND SECTION 40-19-290, RELATING TO THE FIDUCIARY RESPONSIBILITIES OF FUNERAL ESTABLISHMENTS WITH RESPECT TO PAYMENTS RECEIVED FOR FUNERAL MERCHANDISE BEING PURCHASED, SO AS TO PROVIDE THESE PAYMENTS MUST BE KEPT IN A TRUST ACCOUNT UNTIL THE MERCHANDISE IS DELIVERED FOR ITS INTENDED USE OR IS DELIVERED INTO THE PHYSICAL POSSESSION OF THE PURCHASER.
Referred to Committee on Labor, Commerce and Industry
H. 4257 (Word version) -- Rep. Finlay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-200 SO AS TO PROHIBIT THE MUNICIPAL ASSOCIATION OF SOUTH CAROLINA OR OTHER NONGOVERNMENTAL ENTITY FROM COLLECTING AN INSURANCE PREMIUM TAX OR BROKER'S PREMIUM TAX; TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND INSURANCE TAXES, SO AS TO AUTHORIZE THE DEPARTMENT OF INSURANCE TO COLLECT INSURANCE PREMIUM TAXES AND REMIT THEM TO THE APPROPRIATE MUNICIPALITIES; TO AMEND SECTION 38-45-10, RELATING TO NECESSARY DEFINITIONS, SO AS TO REMOVE THE TERM "MUNICIPAL AGENT"; AND TO AMEND SECTION 38-45-60, RELATING TO THE ACCOUNTING OF THE STATE'S PORTION OF BROKER'S PREMIUM TAXES COLLECTED, SO AS TO REMOVE REFERENCES TO MUNICIPAL AGENTS AND MAKE CONFORMING CHANGES.
Referred to Committee on Labor, Commerce and Industry
H. 4258 (Word version) -- Rep. Ballentine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 11 SO AS TO ESTABLISH THE "SOUTH CAROLINA WORK AND SAVE RETIREMENT SAVINGS PLAN", TO PROVIDE DEFINITIONS, TO ESTABLISH THE "SOUTH CAROLINA RETIREMENT SAVINGS PLAN TRUST", TO PROVIDE THAT THE STATE SHALL ADOPT AND IMPLEMENT THE PALMETTO WORK AND SAVE PLAN, TO PROVIDE DUTIES OF THE STATE TREASURER, TO PROVIDE FOR CERTAIN EXEMPTIONS FROM LIABILITY, TO PROVIDE THAT CERTAIN GUARANTEES MAY NOT BE MADE, TO PROVIDE FOR CONFIDENTIALITY OF CERTAIN INFORMATION, TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT OR A MEMORANDUM OF UNDERSTANDING WITH CERTAIN AGENCIES, TO PROVIDE THAT THE STATE TREASURER MAY USE PROGRAM MANAGERS, TO ESTABLISH THE "SOUTH CAROLINA WORK AND SAVE ADMINISTRATIVE FUND", TO PROVIDE THAT THE STATE TREASURER SHALL MAINTAIN AN ACCURATE ACCOUNT OF CERTAIN ACTIVITY, AND TO PROVIDE FOR SEVERABILITY.
Referred to Committee on Ways and Means
H. 4259 (Word version) -- Rep. Fry: A BILL TO AMEND SECTION 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATEGORIES OF MATTERS DECLARED TO BE PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO INCLUDE TOXICOLOGY REPORTS OBTAINED FOR MOTOR VEHICLE OPERATORS ARRESTED FOR DRIVING UNDER THE INFLUENCE OR UNDER INVESTIGATION FOR DRIVING UNDER THE INFLUENCE OR ANOTHER MOTOR VEHICLE TRAFFIC VIOLATION, AND TO MAKE THESE PROVISIONS APPLICABLE ONLY TO PUBLIC EMPLOYEES, PUBLIC OFFICIALS, AND SCHOOL DISTRICT BOARD MEMBERS WHILE ON OFFICIAL DUTY.
Referred to Committee on Judiciary
H. 4260 (Word version) -- Reps. Caskey, Clary, Lucas, Sandifer and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RATEPAYER PROTECTION ACT OF 2019" BY ADDING SECTIONS 8-27-70, 8-27-80, AND 8-27-90 ALL SO AS TO PROVIDE PROTECTIONS FOR EMPLOYEES OF A PUBLIC UTILITY WHO REPORT WRONGDOING BY THE UTILITY AND TO PROVIDE REMEDIES FOR EMPLOYEES WHO ARE DISMISSED OR SUFFER ADVERSE EMPLOYMENT ACTIONS BECAUSE OF A REPORT OF WRONGDOING; BY ADDING SECTIONS 37-6-610, 37-6-611, AND 37-6-612 ALL SO AS TO PROVIDE THAT NO PERSON MAY SERVE AS THE CONSUMER ADVOCATE IF THE PUBLIC SERVICE COMMISSION REGULATES A BUSINESS WITH WHICH THAT PERSON IS ASSOCIATED, AND TO PLACE RESTRICTIONS ON FUTURE EMPLOYMENT AND SPECIFIED ETHICAL REQUIREMENTS ON THE CONSUMER ADVOCATE AND EMPLOYEES OF THE DEPARTMENT OF CONSUMER AFFAIRS, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 58-3-20, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO DELETE PROVISIONS WHICH PERMIT THE REVIEW COMMITTEE TO FIND A CANDIDATE QUALIFIED IF HE DOES NOT HAVE THE BACKGROUND OR EXPERTISE REQUIRED BY LAW AND PROVISIONS WHICH PERMIT CERTAIN INCUMBENT COMMISSIONERS TO BE REELECTED WHO DO NOT MEET THESE QUALIFICATIONS; BY ADDING SECTIONS 58-3-21 AND 58-3-22 BOTH SO AS TO AUTHORIZE MILEAGE AND SUBSISTENCE ALLOWANCES FOR PUBLIC SERVICE COMMISSIONERS, AND TO PROVIDE THAT MEMBERS OF THE COMMISSION ARE NOT PROHIBITED FROM CONSULTING WITH RETAINED EXPERTS AND ATTORNEYS IN CLOSED SESSION IN A MANNER CONSISTENT WITH THE APPELLATE COURTS OF THIS STATE; TO AMEND SECTION 58-3-25, RELATING TO CONFLICTS OF INTEREST OF MEMBERS OF THE PUBLIC SERVICE COMMISSION AND EMPLOYEES OF THE COMMISSION SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHICH ARE CONSIDERED CONFLICTS, AND TO DELETE A REQUIREMENT FOR CERTAIN FILINGS BY EMPLOYEES; TO AMEND SECTION 58-3-30, RELATING TO CODES OF CONDUCT OF COMMISSIONERS AND EMPLOYEES OF THE COMMISSION, SO AS TO FURTHER PROVIDE FOR THE CODE OF CONDUCT AND PERMISSIBLE ACTIONS AND PRACTICES OF COMMISSIONERS AND EMPLOYEES OF THE COMMISSION, AND TO REQUIRE ANNUAL CONTINUING EDUCATION FOR COMMISSIONERS AND EMPLOYEES; TO AMEND SECTIONS 58-3-60, 58-3-190, AND 58-3-200, ALL RELATING TO AUDITS AND EXAMINATIONS OF PUBLIC UTILITIES, SO AS TO DELETE A PROVISION WHICH PROVIDES THAT THE INSPECTION, AUDIT, AND EXAMINATION OF PUBLIC UTILITIES IS THE SOLE RESPONSIBILITY OF THE OFFICE OF REGULATORY STAFF AND NOT THE COMMISSION, AND TO PERMIT THE COMMISSION TO DIRECT THE OFFICE OF REGULATORY STAFF TO AUDIT OR EXAMINE PUBLIC UTILITIES AND THE AUTHORITY OF THE COMMISSION TO UNDERTAKE THESE ACTIONS ON ITS OWN; BY ADDING SECTION 58-3-65 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION MAY EMPLOY, THROUGH CONTRACT OR OTHERWISE, THIRD-PARTY CONSULTANTS AND EXPERTS IN CARRYING OUT ITS DUTIES IF THE COMMISSION DETERMINES IT IS IN THE BEST INTEREST OF RATEPAYERS AND IT IS APPROVED BY THE PUBLIC UTILITIES REVIEW COMMITTEE; TO AMEND SECTION 58-3-225, RELATING TO CONDUCT OF HEARINGS BY THE COMMISSION, SO AS TO PROVIDE THAT BEFORE MAKING A DETERMINATION, THE COMMISSION SHALL QUESTION THE PARTIES THOROUGHLY DURING HEARINGS OF CONTESTED CASES WHEN APPROPRIATE; TO AMEND SECTION 58-3-260, RELATING TO THE PROHIBITION AGAINST COMMUNICATIONS BETWEEN THE COMMISSION AND PARTIES TO A PROCEEDING, SO AS TO PERMIT CERTAIN COMMUNICATIONS BETWEEN THE COMMISSION AND THE PUBLIC UTILITIES REVIEW COMMITTEE, AND A LEGISLATIVE COMMITTEE CHARGED WITH REVIEW OF THE COMMISSION; BY ADDING SECTIONS 58-3-281, 58-3-282, 58-3-283, 58-3-284, 58-3-285, 58-3-286, AND 58-3-287, ALL SO AS TO IMPOSE CERTAIN CIVIL AND CRIMINAL PENALTIES AND SANCTIONS AGAINST A PUBLIC UTILITY WHICH VIOLATES THE PROVISIONS OF TITLE 58 OR REFUSES TO OBEY A RULE, ORDER, OR REGULATION OF THE OFFICE OF REGULATORY STAFF OR THE COMMISSION, OR WHICH FILES OR SUBMITS FALSE INFORMATION, INCLUDING A REQUIREMENT THAT THE PRINCIPAL EXECUTIVE OFFICER AND THE PRINCIPAL FINANCIAL OFFICER OF A UTILITY CERTIFY THE ACCURACY OF INFORMATION PROVIDED; TO AMEND SECTION 58-3-520, RELATING TO THE PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND PREVENT A PERSON FROM BEING APPOINTED TO THE COMMITTEE WHO HAS MADE CERTAIN POLITICAL CONTRIBUTIONS TO THE APPOINTING AUTHORITY; TO AMEND SECTION 58-3-530, RELATING TO THE POWERS AND DUTIES OF THE REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL NOMINATE ALL CANDIDATES IT FINDS QUALIFIED FOR EACH SEAT ON THE COMMISSION, AND TO PROVIDE THAT THE COMMITTEE SHALL APPOINT THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF; TO AMEND SECTION 58-3-560, RELATING TO ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 58-3-24 PROHIBITING THE ELECTION OF MEMBERS OF THE GENERAL ASSEMBLY OR MEMBERS OF THEIR IMMEDIATE FAMILY TO THE COMMISSION, NO LONGER PROHIBITS THEIR ELECTION, AND TO PROVIDE THAT BEGINNING WITH THE 2020 ELECTIONS, THE ELECTIONS MUST BE HELD AT LEAST FORTY-FIVE DAYS AFTER THE SCREENING AND NOMINATION PROCESS; BY ADDING SECTION 58-3-565 SO AS TO PROVIDE THAT MEMBERS OF THE REVIEW COMMITTEE ARE PROHIBITED FROM CERTAIN ACTIONS OR HAVING CERTAIN BUSINESS RELATIONSHIPS; TO AMEND SECTION 58-4-40, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF REGULATORY STAFF, SO AS TO REVISE CERTAIN DISCLOSURE REQUIREMENTS ON THE PART OF EMPLOYEES AND TO PROHIBIT CERTAIN OTHER ACTIONS BY THESE EMPLOYEES; TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO PROHIBIT CERTAIN ACTIONS BY BOARD MEMBERS AND TO PROHIBIT CERTAIN BUSINESS RELATIONSHIPS BY BOARD MEMBERS; AND TO REPEAL SECTION 58-4-30 RELATING TO THE QUALIFICATIONS AND APPOINTMENT OF THE EXECUTIVE DIRECTOR OF THE OFFICE OF REGULATORY STAFF.
Referred to Committee on Labor, Commerce and Industry
H. 4261 (Word version) -- Reps. McCoy, G. M. Smith, Ott, Sandifer, Simrill and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-25 SO AS TO PROVIDE THAT MAJOR UTILITY FACILITIES OF THE PUBLIC SERVICE AUTHORITY MUST BE SUBMITTED TO THE PUBLIC SERVICE COMMISSION FOR APPROVAL IN THE MANNER DETERMINED BY LAW; BY ADDING ARTICLE 7 TO CHAPTER 31, TITLE 58 SO AS TO ESTABLISH CERTAIN MANDATORY PROCEDURES THAT THE PUBLIC SERVICE AUTHORITY MUST FOLLOW PRIOR TO REVISING ANY OF ITS BOARD-APPROVED RETAIL RATE SCHEDULES FOR RESIDENTIAL, LIGHTING, COMMERCIAL, OR INDUSTRIAL CUSTOMERS IN A MANNER THAT RESULTS IN A RATE INCREASE; BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 58 SO AS TO CREATE THE "SOUTH CAROLINA PUBLIC SERVICE AUTHORITY REVIEW AND OVERSIGHT COMMISSION", AND TO DEFINE THE COMMISSION'S COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES; TO AMEND SECTION 58-31-20, RELATING TO THE PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS AND ITS ADVISORY BOARD, SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO SUBMIT ANNUAL AUDITS TO THE ADVISORY BOARD AND TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY REVIEW AND OVERSIGHT COMMISSION, AND TO REQUIRE THE LIVE STREAMING OF BOARD AND COMMITTEE MEETINGS; TO AMEND SECTION 58-31-30, RELATING TO THE POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO REQUIRE THE PUBLIC SERVICE COMMISSION TO APPROVE THE PUBLIC SERVICE AUTHORITY'S CONSTRUCTION OF ANY MAJOR UTILITY FACILITY; AND TO AMEND SECTION 58-33-20, RELATING TO DEFINITIONS APPLICABLE TO CHAPTER 33, TITLE 58, SO AS TO REVISE THE DEFINITIONS OF "MAJOR UTILITY FACILITY" AND "PERSON".
Referred to Committee on Labor, Commerce and Industry
H. 4262 (Word version) -- Reps. Simrill, Rutherford, Sandifer and Forrester: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 58 SO AS TO ENACT THE "SOUTH CAROLINA SMALL WIRELESS FACILITIES DEPLOYMENT ACT"; TO MAKE LEGISLATIVE FINDINGS; TO DEFINE RELEVANT TERMS; TO PROVIDE, AMONG OTHER THINGS, THAT CERTAIN AGREEMENTS OR ENACTMENTS PERTAINING TO THE DEPLOYMENT OF SMALL WIRELESS FACILITIES THAT DO NOT COMPLY WITH CERTAIN PROVISIONS OF THIS ACT MUST BE DEEMED INVALID AND UNENFORCEABLE BEGINNING OCTOBER 1, 2019; TO PROVIDE THAT CERTAIN UNITS OF LOCAL GOVERNMENT "AUTHORITIES" WITH CONTROL OVER RIGHTS OF WAY MAY NOT PROHIBIT, REGULATE, OR CHARGE FOR THE COLLOCATION OF CERTAIN SMALL WIRELESS FACILITIES; TO PROVIDE THAT SMALL WIRELESS FACILITIES MUST BE CLASSIFIED AS PERMITTED USES AND NOT SUBJECT TO ZONING REVIEW AND APPROVAL UNDER SPECIFIED CIRCUMSTANCES; TO PROVIDE REQUIREMENTS FOR APPLICATIONS, FEES, APPLICATION REVIEW, AND ISSUANCE OF PERMITS FOR COLLOCATION OF SMALL WIRELESS FACILITIES; TO REQUIRE AUTHORITIES TO ALLOW THE COLLOCATION OF SMALL WIRELESS FACILITIES ON AUTHORITY UTILITY POLES UNDER SPECIFIED CIRCUMSTANCES; TO PROHIBIT AUTHORITIES FROM REGULATING THE DESIGN, ENGINEERING, CONSTRUCTION, INSTALLATION, OR OPERATION OF ANY SMALL WIRELESS FACILITY IN SPECIFIED CIRCUMSTANCES; TO PROVIDE THAT THE ADMINISTRATIVE LAW COURT HAS JURISDICTION TO RESOLVE ALL DISPUTES ARISING UNDER THE ACT; AND TO PROHIBIT AN AUTHORITY FROM REQUIRING A WIRELESS PROVIDER TO INDEMNIFY THE AUTHORITY OR ITS OFFICERS OR EMPLOYEES AND FROM NAMING THE AUTHORITY AS AN ADDITIONAL INSURED ON A WIRELESS PROVIDER'S INSURANCE POLICY.
Referred to Committee on Labor, Commerce and Industry
H. 4263 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 13 TO TITLE 10 SO AS TO PROVIDE THAT GOVERNMENTAL IMPROVEMENT PROJECTS, CONSTRUCTION PROJECTS, RENOVATION PROJECTS, OR IMPROVEMENTS TO REAL PROPERTY SHALL COMPLY WITH CERTAIN ENERGY STANDARDS; TO AMEND SECTION 48-52-620, RELATING TO THE REQUIREMENT THAT STATE AGENCIES AND SCHOOL DISTRICTS SUBMIT ENERGY CONSERVATION PLANS, SO AS TO ESTABLISH NEW METERING REQUIREMENTS; AND TO REPEAL ARTICLE 8, CHAPTER 52, TITLE 48 RELATING TO THE ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007.
Referred to Committee on Labor, Commerce and Industry
H. 4264 (Word version) -- Reps. Ridgeway and Wheeler: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PEOPLE EXEMPT FROM PAYING TUITION TO ATTEND PUBLIC INSTITUTIONS OF HIGHER LEARNING FOR A PERIOD OF FOUR YEARS, SO AS TO INCLUDE THE CHILDREN OF FULL-TIME LICENSED PHYSICIANS WHO RESIDE AND PRACTICE IN MEDICALLY UNDERSERVED AREAS OF THIS STATE FOR A CERTAIN PERIOD OF TIME.
Referred to Committee on Education and Public Works
Rep. R. WILLIAMS moved that the House do now adjourn pending ratification of acts, which was agreed to.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 19, 2019, at 3:00 p.m. and the following Acts and Joint Resolutions were ratified: (R. 6, S. 75 (Word version)) -- Senator Cromer: AN ACT 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".
(R. 7, S. 80 (Word version)) -- Senator Sheheen: A JOINT RESOLUTION TO AMEND SECTIONS 1 AND 3 OF ACT 289 OF 2018, RELATING TO THE SOUTH CAROLINA AMERICAN REVOLUTION SESTERCENTENNIAL COMMISSION, SO AS TO PROVIDE THE OBSERVANCE MUST INCLUDE THE ROLE OF PERSONS OF AFRICAN-AMERICAN DESCENT IN THE AMERICAN REVOLUTION AND TO MAKE SIMILAR CHANGES TO THE MEMBERSHIP OF THE COMMISSION, RESPECTIVELY.
(R. 8, S. 326 (Word version)) -- Senators Massey, Setzler, Malloy, Turner, Alexander and Young: A JOINT RESOLUTION TO DIRECT THE STATE LAW ENFORCEMENT DIVISION TO DISTRIBUTE TWO HUNDRED FIFTY THOUSAND DOLLARS TO THE SOUTH CAROLINA STATE FIREFIGHTERS ASSOCIATION TO PROVIDE FOR POST TRAUMATIC STRESS DISORDER INSURANCE AND PROGRAMS.
(R. 9, S. 327 (Word version)) -- Senator Shealy: AN ACT TO AMEND SECTION 1-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INTERAGENCY PLANNING AND EVALUATION ADVISORY COMMITTEE, SO AS TO REDESIGNATE THE NAME OF THE SENATE GENERAL COMMITTEE AS THE FAMILY AND VETERANS SERVICES' COMMITTEE. (R. 10, S. 358 (Word version)) -- Senator Cromer: AN ACT 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. (R. 11, S. 360 (Word version)) -- Senator Cromer: AN ACT 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.
(R. 12, S. 428 (Word version)) -- Senators Gambrell and Cash: AN ACT TO AMEND SECTION 7-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO DELETE THE GROVE SCHOOL AND ANDERSON 5/A PRECINCTS AND ADD THE SOUTH FANT PRECINCT, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
(R. 13, S. 441 (Word version)) -- Senator Nicholson: AN ACT TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE. (R. 14, S. 482 (Word version)) -- Senators Campbell and Bennett: AN ACT TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
(R. 15, S. 504 (Word version)) -- Senators Hutto and M.B. Matthews: AN ACT TO AMEND ACT 372 OF 2008, RELATING TO THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION, SO AS TO ABOLISH THE EXISTING NINE-MEMBER COMMISSION, TO TERMINATE THE TERMS OF ITS MEMBERS, TO RECONSTITUTE THE COMMISSION AS THE ALLENDALE COUNTY AERONAUTICS COMMISSION, AND TO REVISE THE COMPOSITION OF THE COMMISSION'S MEMBERSHIP.
(R. 16, H. 3127 (Word version)) -- Reps. Dillard, Henderson-Myers, Clyburn, Weeks, Robinson and Gilliard: A JOINT RESOLUTION TO ESTABLISH THE MOLD ABATEMENT AND REMEDIATION STUDY COMMITTEE TO STUDY THE IMPACT OF MOLD IN PUBLIC AREAS AND TO ASCERTAIN THE BEST METHOD OF ABATEMENT FOR MOLD IN PUBLIC AREAS; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, TO ESTABLISH CERTAIN GOALS FOR THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO DISSOLVE THE STUDY COMMITTEE.
(R. 17, H. 3639 (Word version)) -- Reps. Taylor, Allison, Felder and Huggins: AN ACT TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MILITARY PERSONNEL AND THEIR DEPENDENTS WHO ARE ENTITLED TO PAY IN-STATE TUITION AND FEES WITHOUT REGARD TO THE LENGTH OF TIME THEY HAVE RESIDED IN THIS STATE, SO AS TO EXPAND THE CATEGORIES OF INDIVIDUALS COVERED BY THESE PROVISIONS TO CONFORM WITH CERTAIN CHANGES IN FEDERAL LAW. (R. 18, H. 3697 (Word version)) -- Reps. Taylor, Allison, Gilliard, Simmons, Bales, Moore and Govan: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF REGULATION 62-6-(D), SOUTH CAROLINA CODE OF REGULATIONS, RELATING TO THE REQUIREMENT THAT AT LEAST TWENTY-FIVE PERCENT OF CURRICULUM REQUIREMENTS FOR CERTAIN ACADEMIC PROGRAMS MUST BE EARNED THROUGH INSTRUCTION BY THE INSTITUTION AWARDING THE DEGREE, THE COMMISSION ON HIGHER EDUCATION MAY GRANT ALTERNATE PROGRAM COMPLETION OPTIONS TO STUDENTS IMPACTED BY THE CLOSURE OF SIX EDUCATION CORPORATION OF AMERICA, INC., HIGHER EDUCATION PROVIDERS IN SOUTH CAROLINA IN 2018.
(R. 19, H. 3798 (Word version)) -- Reps. Clary, Hiott, Collins and W. Cox: AN ACT TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
(R. 20, H. 3849 (Word version)) -- Reps. G.M. Smith and Toole: A JOINT RESOLUTION TO PROVIDE A GRACE PERIOD ON THE ENFORCEMENT OF SECTION 12-21-735 OF THE 1976 CODE, RELATING TO THE STAMP TAX ON CIGARETTES, AGAINST UNSTAMPED PACKAGES OF CIGARETTES FOR WHICH APPLICABLE TAXES HAVE BEEN PAID.
(R. 21, H. 3987 (Word version)) -- Reps. Gagnon and West: AN ACT TO AMEND SECTION 7-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
The Senate returned to the House with concurrence the following: H. 4234 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO WELCOME TO THE PALMETTO STATE THE HONORABLE GUDRUN YNGVADOTTIR, INTERNATIONAL PRESIDENT OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 95TH ANNUAL SOUTH CAROLINA LIONS MULTIPLE DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS CLUBS FOR THEIR MANY YEARS OF COMMUNITY SERVICE.
H. 3928 (Word version) -- Reps. Sottile, Gilliard, McCoy, Mack, Hewitt, Pendarvis, Bennett, Cogswell, Mace and Brown: A CONCURRENT RESOLUTION TO REQUEST THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION RENAME THE PORTION OF THE NAVIGATIONAL CHANNEL ADJACENT TO THE CITY OF CHARLESTON WATERFRONT CONSISTING OF THE CHARLESTON MARITIME CENTER, INTERNATIONAL AFRICAN AMERICAN MUSEUM, AND THE PEDESTRIAN WALKWAY OF THE ARTHUR RAVENEL, JR. BRIDGE TO "RILEY REACH" IN ORDER TO HONOR THE LEGACY OF MAYOR JOSEPH P. RILEY, JR.
H. 3015 (Word version) -- Reps. McDaniel, King and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 32 IN FAIRFIELD COUNTY ALONG INTERSTATE HIGHWAY 77 THE "COUNTY COUNCILMEN DAVID BROWN & CARNELL MURPHY INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THESE WORDS.
At 3:05 p.m. the House, in accordance with the motion of Rep. DAVIS, adjourned in memory of James Hewlette Rozier, Jr., to meet at 10:00 a.m. tomorrow.
This web page was last updated on Tuesday, March 19, 2019 at 4:30 P.M.