South Carolina General Assembly
123rd Session, 2019-2020
Journal of the House of Representatives

NO. 44

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________

THURSDAY, MARCH 21, 2019
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Daniel 6:26: "For He is the living God, enduring forever. His Kingdom shall never be destroyed and His dominion has no end."

Let us pray. Almighty God, fill us with faith to trust in You when we are facing the many trials we encounter in life. Fill us with the spirit of doing work expected of us from the people we serve. Encourage these Representatives and staff to do what You desire. Bless our defenders of freedom and first responders as they care for us. Make Your face shine upon our Nation, President, State, Governor, Speaker, staff, and all who gather here to do the work of the people. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

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

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

MOTION ADOPTED

Rep. GAGNON moved that when the House adjourns, it adjourn in memory of Gus Wilson, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for Representative Thayer and her family.

SILENT PRAYER

The House stood in silent prayer for Representative Bales.

HOUSE RESOLUTION

The following was introduced:

H. 4284 (Word version) -- Rep. Allison: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE STEPHEN MICHAEL CASTON ON THE OCCASION OF HIS RETIREMENT FROM SJWD WATER DISTRICT AFTER TWENTY-EIGHT YEARS OF DEDICATED SERVICE AND TO WISH HIM MANY HAPPY YEARS IN RETIREMENT.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4285 (Word version) -- Reps. Allison, Alexander, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, 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 FORTY-ONE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2019 ACADEMIC ALL-STATE TEAM BY THE PHI THETA KAPPA HONOR SOCIETY IN RECOGNITION OF THEIR SCHOLARLY ACCOMPLISHMENTS AND SERVICE TO THEIR COMMUNITIES.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 661 (Word version) -- Senator Fanning: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON WATEREE ROAD WHERE IT CROSSES THE WATEREE CREEK "JERRY NEALY BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4286 (Word version) -- Rep. D. C. Moss: A BILL TO AMEND SECTION 39-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PRESCRIPTION DRUG LABELS, SO AS TO INCLUDE LOT NUMBERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 11 (Word version) -- Senators Peeler, Bennett, McElveen and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-30 SO AS TO PROVIDE THAT THE SOUTH CAROLINA GENERAL ASSEMBLY INTENDS FOR DAYLIGHT SAVING TIME TO BE THE YEAR-ROUND STANDARD TIME OF THE ENTIRE STATE SHOULD THE UNITED STATES CONGRESS AMEND CERTAIN RELATED FEDERAL LAW TO ALLOW STATES TO OBSERVE DAYLIGHT SAVING TIME YEAR ROUND.
Referred to Committee on Judiciary

S. 206 (Word version) -- Senator Young: A BILL TO AMEND SECTION 13-7-810 OF THE 1976 CODE, RELATING TO THE NUCLEAR ADVISORY COUNCIL, TO RENAME THE COUNCIL; AND TO AMEND SECTION 1-5-40(A)(70) AND SECTION 1-11-10(A)(15) OF THE 1976 CODE, RELATING TO THE SECRETARY OF STATE'S MONITORING OF STATE BOARDS AND COMMISSIONS AND TO OFFICES, DIVISIONS, AND OTHER AGENCIES WITHIN THE DEPARTMENT OF ADMINISTRATION, RESPECTIVELY, TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary

S. 252 (Word version) -- Senator Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-215 SO AS TO DESIGNATE THE MONTH OF JUNE OF EVERY YEAR AS "SALKEHATCHIE SUMMER SERVICE MONTH" IN SOUTH CAROLINA.
Referred to Committee on Education and Public Works

S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND ACT"; TO ESTABLISH THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND" TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED-HOME BUYOUTS AND FLOODPLAIN RESTORATION, TO AUTHORIZE THE BANK TO UNDERTAKE CERTAIN ACTIONS IN ORDER TO PROPERLY FUNCTION, TO ESTABLISH CERTAIN CRITERIA FOR LOANS AND ELIGIBLE FUND RECIPIENTS, TO PROVIDE CERTAIN REQUIREMENTS FOR THE MONIES WITHIN THE FUND, TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO UNDERTAKE CERTAIN ACTIONS TO EFFECTIVELY OPERATE THE FUND.
Referred to Committee on Labor, Commerce and Industry

S. 475 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN THREE TRIPLETAIL IN ANY ONE DAY, NOT TO EXCEED NINE TRIPLETAIL IN ANY ONE DAY ON ANY BOAT; AND TO AMEND SECTION 50-5-1710(B) OF THE 1976 CODE, RELATING TO SIZE LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, PURCHASE, OR ATTEMPT TO SELL OR PURCHASE TRIPLETAIL OF LESS THAN EIGHTEEN INCHES IN TOTAL LENGTH.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 486 (Word version) -- Senators Talley and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 26 SO AS TO ENACT THE "SOUTH CAROLINA REMOTE ONLINE NOTARIZATION ACT", TO PROVIDE A CITATION, TO PROVIDE NECESSARY DEFINITIONS, TO PROVIDE FOR THE APPLICABILITY OF THE CHAPTER, TO PROVIDE THE SECRETARY OF STATE BY RULE SHALL DEVELOP AND MAINTAIN STANDARDS FOR CREDENTIAL ANALYSIS AND IDENTITY PROOFING AND TO PROVIDE REQUIREMENTS FOR THE DEVELOPMENT OF THESE STANDARDS, TO PROVIDE NOTARIES PUBLIC COMMISSIONED IN THIS STATE MAY REGISTER AS REMOTE ONLINE NOTARIES PUBLIC UPON SATISFYING CERTAIN REQUIREMENTS, TO ENUMERATE NOTARIAL ACTS THAT MAY BE PERFORMED BY REMOTE ONLINE NOTARIES USING ELECTRONIC TECHNOLOGY, TO PROVIDE REQUIREMENTS FOR CONDUCTING ONLINE NOTARIAL ACTS, TO PROVIDE REMOTE ONLINE NOTARIES PUBLIC MAY CHARGE FEES FOR PERFORMING REMOTE ONLINE NOTARIAL ACTS, TO PROVIDE LIABILITY, SANCTIONS, AND REMEDIES FOR THE IMPROPER PERFORMANCE OF REMOTE ONLINE NOTARIAL ACTS OR FOR PROVIDING FALSE OR MISLEADING INFORMATION IN REGISTERING TO PERFORM REMOTE ONLINE NOTARIAL ACTS ARE THE SAME AS PROVIDED BY LAW FOR THE IMPROPER PERFORMANCE OF NONELECTRONIC NOTARIAL ACTS, TO SPECIFY CERTAIN RECORDING REQUIREMENTS THAT ARE CONSIDERED SATISFIED BY REMOTE NOTARIAL ACTS, AND TO PROVIDE REMOTE ONLINE NOTARY PUBLIC APPLICATIONS WILL NOT BE ACCEPTED FOR PROCESSING UNTIL THE ADMINISTRATIVE RULES ARE IN EFFECT AND VENDORS OF TECHNOLOGY ARE APPROVED BY THE SECRETARY OF STATE, AMONG OTHER THINGS.
Referred to Committee on Judiciary

ROLL CALL

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                  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               B. Newton
W. Newton                Norrell                  Ott
Pendarvis                Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simmons
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Stringer                 Tallon                   Taylor
Thigpen                  Trantham                 Weeks
West                     Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total Present--117

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. John K. Corless of Charleston was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. ANDERSON presented to the House the Andrews High School Softball team, coaches, and other school officials.

SPECIAL PRESENTATION

Rep. MCCRAVY presented to the House the Nintey Six High School Marching Band, band directors, and other school officials.

SPECIAL PRESENTATION

Rep. MCCRAVY presented to the House the Ninety Six High School Indoor Percussion Ensemble, band directors, and other school officials.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3053 (Word version)
Date:   ADD:
03/21/19   ROSE

CO-SPONSOR ADDED

Bill Number:   H. 3915 (Word version)
Date:   ADD:
03/21/19   CASKEY

CO-SPONSOR ADDED

Bill Number:   H. 3967 (Word version)
Date:   ADD:
03/21/19   CASKEY

CO-SPONSORS ADDED

Bill Number:   H. 4044 (Word version)
Date:   ADD:
03/21/19   B. COX, ELLIOTT, GAGNON, FELDER, BAILEY and HEWITT

CO-SPONSORS ADDED

Bill Number:   H. 4046 (Word version)
Date:   ADD:
03/21/19   FELDER, B. COX, ELLIOTT, BAILEY and HEWITT

CO-SPONSORS ADDED

Bill Number:   H. 4047 (Word version)
Date:   ADD:
03/21/19   BAILEY, HEWITT, B. COX, ELLIOTT, FELDER and COGSWELL

CO-SPONSOR ADDED

Bill Number:   H. 4210 (Word version)
Date:   ADD:
03/21/19   HEWITT

CO-SPONSORS ADDED

Bill Number:   H. 4243 (Word version)
Date:   ADD:
03/21/19   JEFFERSON, R. WILLIAMS, CALHOON, MCKNIGHT, SPIRES, ELLIOTT, GILLIAM, WEST and ATKINSON

CO-SPONSORS ADDED

Bill Number:   H. 4261 (Word version)
Date:   ADD:
03/21/19   JEFFERSON and R. WILLIAMS

CO-SPONSORS ADDED

Bill Number:   H. 4262 (Word version)
Date:   ADD:
03/21/19   JEFFERSON and R. WILLIAMS

CO-SPONSORS REMOVED

Bill Number:   H. 3020 (Word version)
Date:   REMOVE:
03/21/19   WHEELER and THIGPEN

CO-SPONSOR REMOVED

Bill Number:   H. 3681 (Word version)
Date:   REMOVE:
03/21/19   COGSWELL

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of be changed to that of an Act, and that it be enrolled for ratification:

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.

H. 3986--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3986 (Word version) -- Reps. G. M. Smith, Willis, Rose and Caskey: 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. G.M. SMITH proposed the following Amendment No. 1 to H. 3986 (Word version) (COUNCIL\SA\3986C001.RT.SA19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/   SECTION   1.   Article 3, Chapter 5, Title 11 of the 1976 Code is amended to read:

"Article 3
Palmetto ABLE Savings Program

Section 11-5-400.   There is established the 'South Carolina Palmetto ABLE Savings Program'. The purpose of the South Carolina Palmetto ABLE Savings Program is to authorize the establishment of savings accounts empowering individuals with a disability and their families to save private funds which can be used to provide for disability related expenses in a way that supplements, but does not supplant, benefits provided through private insurance, the Medicaid program under Title XIX of the Social Security Act, the supplemental security income program under Title XVI of the Social Security Act, the beneficiary's employment, and other sources; and to provide guidelines for the maintenance of these accounts.

Section 11-5-410.   As used in this article:

(1)   'Palmetto ABLE savings account' or 'account' means an individual savings account established in accordance with the provisions of this article and pursuant to Section 529A of the federal Internal Revenue Code of 1986, as amended.

(2)   'Account owner' means the person who enters into an a Palmetto ABLE savings account agreement pursuant to the provisions of this article. The account owner also must be the designated beneficiary; however, a trustee, guardian, or conservator may be appointed as an account owner for a designated beneficiary who is a minor or lacks capacity to enter into an agreement. Also, the agent of the designated beneficiary acting under durable power of attorney may open and manage an account on behalf of and in the name of a designated beneficiary who lacks capacity.

(3)   'Designated beneficiary' means an eligible individual whose qualified disability expenses may be paid from the account. The designated beneficiary must be an eligible individual at the time the account is established. The account owner may change the designated beneficiary so long as the new beneficiary is an eligible individual who is a qualified member of the family of the designated beneficiary at the time of the change.

(4)   'Eligible individual', as defined in Section 529A(e)(1) of the federal Internal Revenue Code of 1986, as amended, means:

(a)   an individual who is entitled to benefits based on blindness or disability pursuant to 42 U.S.C. Section 401, et seq. or 42 U.S.C. Section 1381, as amended, and the blindness or disability occurred before the date on which the individual attained age twenty-six; or

(b)   an individual with respect to which a disability certification, as defined in Section 529A(e)(2) of the federal Internal Revenue Code of 1986, as amended, to the satisfaction of the Secretary of the United States Treasury is filed with the Secretary for a taxable year and the blindness or disability occurred before the date on which the individual attained age twenty-six.

(5)   'Financial organization' means an organization authorized to do business in this State and is:

(a)   licensed or chartered by the Director of Insurance;

(b)   licensed or chartered by the State Commissioner of Banking;

(c)   chartered by an agency of the federal government; or

(d)   subject to the jurisdiction and regulation of the federal Securities and Exchange Commission.

(6)   'Management contract' means a contract executed by the State Treasurer and a program manager selected to act as a depository or manager of the program, or both.

(7)   'Member of the family' has the meaning defined in Section 529A of the federal Internal Revenue Code of 1986, as amended.

(8)   'Nonqualified withdrawal' means a withdrawal from an account which is not:

(a)   a qualified withdrawal; or

(b)   a rollover distribution.

(9)   'Program' means the South Carolina Palmetto ABLE Savings Program established pursuant to this article.

(10)   'Program manager' means a financial organization or an agency or department of another state that has been designated to administer a qualified ABLE Savings Program selected by the State Treasurer to act as a depository or manager of the program, or both.

(11)   'Qualified disability expense' means any qualified disability expense included in Section 529A of the federal Internal Revenue Code of 1986, as amended.

(12)   'Qualified withdrawal' means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account.

(13)   'Rollover distribution' means a rollover distribution as defined in Section 529A of the federal Internal Revenue Code of 1986, as amended.

(14)   'Savings agreement' means an agreement between the program manager or the State Treasurer and the account owner.

(15)   'Secretary' means the Secretary of the United States Treasury.

Section 11-5-420.   (A)   The State Treasurer shall implement and administer the program under the terms and conditions established by this article. The State Treasurer has the authority and responsibility to:

(1)   develop and implement the program in a manner consistent with the provisions of this article;

(2)   engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;

(3)   seek rulings and other guidance from the Secretary and the federal Internal Revenue Service relating to the program;

(4)   make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by Section 529A of the federal Internal Revenue Code of 1986, as amended;

(5)   charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;

(6)   develop marketing plans and promotional materials;

(7)   establish the methods by which the funds held in accounts must be dispersed;

(8)   establish the method by which funds must be allocated to pay for administrative costs;

(9)   do all things necessary and proper to carry out the purposes of this article;

(10)   adopt rules and promulgate regulations necessary to effectuate the provisions of this article;

(11)   prepare an annual report of the Palmetto ABLE Savings Program to the Governor, the Senate, and the House of Representatives; and

(12)   notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary.

(B)   The State Treasurer may contract with other states in developing the program.

Section 11-5-430.   (A)   The State Treasurer may implement the program through use of program managers as account depositories or managers, or both. The State Treasurer may solicit proposals from program managers to act as depositories or managers of the program, or both. Program managers submitting proposals shall describe the investment instruments to be held in accounts. The State Treasurer may select more than one program manager and investment instrument for the program. The State Treasurer may select as program depositories or managers the program managers, from among the bidding program managers, that demonstrate the most advantageous combination, both to potential program participants and this State, of the following factors:

(1)   financial stability and integrity of the program manager;

(2)   the safety of the investment instrument being offered;

(3)   the ability of the program manager to satisfy recordkeeping and reporting requirements;

(4)   the program manager's plan for promoting the program and the investment the organization is willing to make to promote the program;

(5)   the fees, if any, proposed to be charged to the account owners;

(6)   the minimum initial deposit and minimum contributions that the financial organization requires;

(7)   the ability of the program manager to accept electronic withdrawals, including payroll deduction plans; and

(8)   other benefits to the State or its residents included in the proposal, including fees payable to the State to cover expenses of the operation of the program.

(B)   The State Treasurer may enter into contracts with program managers necessary to effectuate the provisions of this article. A management contract must include, at a minimum, terms requiring the program managers to:

(1)   take action required to keep the program in compliance with requirements of this article and take actions not contrary to its contract to manage the program to qualify as a 'qualified ABLE Savings Program' as defined in Section 529A of the federal Internal Revenue Code of 1986, as amended;

(2)   keep adequate records of each account, keep each account segregated, and provide the State Treasurer with the information necessary to prepare the statements required by Section 11-5-440;

(3)   compile and total information contained in statements required to be prepared under Section 11-5-440 and provide compilations to the State Treasurer;

(4)   if there is more than one program manager, provide the State Treasurer with information as is necessary to determine compliance with Section 11-5-440;

(5)   provide the State Treasurer with access to the books and records of the program manager to the extent needed to determine compliance with the contract, this article, and Section 529A of the federal Internal Revenue Code of 1986, as amended;

(6)   hold all accounts for the benefit of the account owner, owners, or the designated beneficiary;

(7)   be audited at least annually by a firm of certified public accountants selected by the program manager, with the approval of the State Treasurer, and provide the results of the audit to the State Treasurer;

(8)   provide the State Treasurer with copies of all regulatory filings and reports made by the program manager during the term of the management contract or while the program manager is holding any accounts, other than confidential filings or reports that are not part of the program. The program manager shall make available for review by the State Treasurer the results of the periodic examination of the manager by any state or federal banking, insurance, or securities commission, except to the extent that a report or reports may not be disclosed under law; and

(9)   ensure that any description of the program, whether in writing or through the use of any media, is consistent with the marketing plan developed pursuant to the provisions of this article.

(C)   The State Treasurer may:

(1)   enter into contracts as he considers necessary and proper for the implementation of the program;

(2)   require that an audit be conducted of the operations and financial position of the program depository and manager at any time if the State Treasurer has any reason to be concerned about the financial position, the recordkeeping practices, or the status of accounts of the program depository and manager; and

(3)   terminate or not renew a management agreement. If the State Treasurer terminates or does not renew a management agreement, the State Treasurer shall take custody of accounts held by the program manager and shall seek to promptly transfer the accounts to another financial organization that is selected as a program manager or depository and into investment instruments as similar to the original instruments as possible.

(D)   The State Treasurer, the Department of Social Services, the Department of Health and Human Services, and the Department of Disability and Special Needs are authorized to exchange data regarding eligible individuals to carry out the purposes of this article.

Section 11-5-440.   (A)   An A Palmetto ABLE savings Account established pursuant to the provisions of this article must be opened by a designated beneficiary, a designated beneficiary's agent under a durable power of attorney, a trustee holding funds for the benefit of a designated beneficiary, or a court appointed guardian or conservator of a designated beneficiary. Each designated beneficiary may have only one account. The State Treasurer may establish a nonrefundable application fee. An application for an account must be in the form prescribed by the State Treasurer and contain the following:

(1)   name, address, and social security number of the account owner;

(2)   name, address, and social security number of the designated beneficiary, if the account owner is the beneficiary's trustee or guardian;

(3)   certification relating to no excess contributions; and

(4)   additional information as the State Treasurer may require.

(B)   A person may make contributions to an a Palmetto ABLE savings account after the account is opened, subject to the limitations imposed by Section 529A of the federal Internal Revenue Code of 1986, as amended, or any adopted rules and regulations promulgated by the State Treasurer pursuant to this article.

(C)   Contributions to an a Palmetto ABLE savings account may be made only in cash. The State Treasurer or program manager shall reject or withdraw contributions promptly:

(1)   in excess of the limits established pursuant to subsection (B); or

(2)   the total contributions if the:

(a)   value of the account is equal to or greater than the account maximum established by the State Treasurer. The account maximum must be equal to the account maximum for post secondary education savings accounts; or

(b)   designated beneficiary is not an eligible individual in the current calendar year.

(D)(1)   An account owner may:

(a)   change the designated beneficiary of an account to an individual who is a qualified member of the family of the prior designated beneficiary in accordance with procedures established by the State Treasurer; and

(b)   transfer all or a portion of an account to another ABLE savings account, the designated beneficiary of which is a member of the family as defined in Section 529A of the federal Internal Revenue Code of 1986, as amended.

(2)   An account owner may not use an interest in an account as security for a loan. A pledge of an interest in an account is of no effect.

(E)(1)   If there is any distribution from an account to an individual or for the benefit of an individual during a calendar year, the distribution must be reported to the federal Internal Revenue Service and each account owner, the designated beneficiary, or the distributee to the extent required by state or federal law.

(2)   A statement must be provided to each account owner annually and at other increments established by the State Treasurer in the program guidelines. The statement must contain the information the State Treasurer requires to be reported to the account owner.

(3)   A statement and information relating to an account must be prepared and filed to the extent required by this article and other state or federal law.

(F)(1)   The program shall provide separate accounting for each designated beneficiary. An annual fee may be imposed upon the account owner for the maintenance of an account.

(2)   Funds held in an a Palmetto ABLE savings account:

(a)   are exempt from attachment, execution, or garnishment for claims of creditors of the contributor and the designated beneficiary;

(b)   to the fullest extent permissible under state and federal law, will be disregarded for the purposes of determining a designated beneficiary's eligibility to receive, or the amount of, any public assistance available to the designated beneficiary, including Medicaid; and

(c)   following the death of a designated beneficiary, may be subject to recovery by the South Carolina Department of Health and Human Services up to an amount equal to the total of Medicaid benefits, if any, paid on behalf of the designated beneficiary by the state Medicaid program, but only to the extent recovery is required by state or federal law. Recovery by the State is subject to regulations imposed by the Secretary.

(3)   The amount distributed from an a Palmetto ABLE savings account for the purposes of paying qualified disability expenses:

(a)   are exempt from attachment, execution, or garnishment for claims of creditors of the contributor and the designated beneficiary; and

(b)   to the fullest extent permissible under state and federal law, will be disregarded for the purposes of determining a designated beneficiary's eligibility to receive, or the amount of, any public assistance available to the designated beneficiary, including Medicaid.

(G)   To the extent earnings in an ABLE savings account and distributions from an ABLE savings account, or a qualified account under Section 529A located in another state, are not subject to federal income tax, they will not be subject to state income tax.

Section 11-5-450.   (A)   Nothing in this article may create or be construed to create any obligation of the State Treasurer, the State, or any agency or instrumentality of the State to guarantee for the benefit of an account owner or designated beneficiary with respect to the:

(1)   return of principal;

(2)   rate of interest or other return on an account; or

(3)   payment of interest or other return on an account.

(B)   The State Treasurer may adopt rules and promulgate regulations to provide that each contract, application, or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the State and that the principal deposited and the investment return are not guaranteed by the State.

Section 11-5-460.   (A)   The South Carolina Palmetto ABLE Savings Program Trust Fund is established in the Office of the State Treasurer. The trust fund must be utilized if the State Treasurer elects to accept deposits from contributors rather than have deposits sent directly to the program manager. The trust fund must consist of any monies deposited by account owners and other contributors pursuant to the provisions of this article which are not deposited directly with the program manager. All interest derived from the deposit and investment of monies in the trust fund must be credited to the fund. At the end of each fiscal year, all unexpended and unencumbered monies in the trust fund must remain in the fund and not be credited or transferred to the state general fund or to another fund.

(B)(1)   The South Carolina Palmetto ABLE Savings Expense Fund is established in the Office of the State Treasurer. The expense fund must consist of monies received from the Palmetto ABLE Savings Program manager or managers, governmental or private grants, and state general fund appropriations, if any, for the program.

(2)   All expenses incurred by the State Treasurer in developing and administering the Palmetto ABLE Savings Program must be payable from the South Carolina Palmetto ABLE Savings Expense Fund."
SECTION   2.   Section 12-6-1140(12)(b) of the 1976 Code is amended to read:

"(b)   Any interest, dividends, gains, property, or income accruing on the payments made to an investment trust agreement pursuant to Article 3, Chapter 5, Title 11, or on any account in the South Carolina Palmetto ABLE Savings Expense Fund or a qualified fund under Section 529A located in another state, must be excluded from the gross income of any such account owner, contributor, or beneficiary for purposes of South Carolina income taxes, to the extent the amounts remain on deposit in the South Carolina Palmetto ABLE Savings Expense Fund or are withdrawn pursuant to a qualified withdrawal."
SECTION   3.   The Code Commissioner is directed to change or correct all references to the "ABLE Savings Program" to the "Palmetto ABLE Savings Program." References to the ABLE Savings Program in the 1976 Code or other provisions of law are considered to be and must be construed to mean the "Palmetto ABLE Savings Program."
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. G. M. SMITH 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:

Yeas 113; Nays 0

Those who voted in the affirmative are:

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Bales
Ballentine               Bamberg                  Bannister
Bennett                  Bernstein                Blackwell
Bradley                  Brown                    Bryant
Burns                    Calhoon                  Caskey
Chellis                  Chumley                  Clary
Clemmons                 Clyburn                  Cobb-Hunter
Cogswell                 Collins                  B. Cox
W. Cox                   Crawford                 Daning
Davis                    Dillard                  Elliott
Felder                   Finlay                   Forrest
Forrester                Fry                      Funderburk
Gagnon                   Garvin                   Gilliam
Gilliard                 Govan                    Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  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
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. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Stringer                 Tallon                   Taylor
Trantham                 Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total--113

Those who voted in the negative are:

Total--0

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

H. 3986--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that H. 3986 (Word version) be read the third time tomorrow.

H. 4243--POINT OF ORDER, RULE 5.10 WAIVED, AND DEBATE ADJOURNED

The following Bill was taken up:

H. 4243 (Word version) -- Reps. Simrill, Lucas, Pope, G. M. Smith, Rutherford, King, Felder, Bryant, D. C. Moss, B. Newton, Ligon, V. S. Moss, Brown, W. Cox, Jefferson, R. Williams, Calhoon, McKnight, Spires, Elliott, Gilliam, West and Atkinson: A BILL TO AMEND SECTION 12-6-3360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOB TAX CREDIT, SO AS TO PROVIDE FOR A PROFESSIONAL SPORTS TEAM; TO AMEND SECTION 4-9-30, RELATING TO THE DESIGNATION OF POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO PROHIBIT THE LEVY OF COUNTY LICENSE FEES AND TAXES ON A PROFESSIONAL SPORTS TEAM; TO AMEND SECTION 5-7-30, RELATING TO POWERS OF A MUNICIPALITY, SO AS TO PROHIBIT THE LEVY OF A BUSINESS LICENSE TAX ON A PROFESSIONAL SPORTS TEAM; AND BY ADDING SECTION 5-3-20 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY A PROFESSIONAL SPORTS TEAM MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN CONSENT OF THE PROFESSIONAL SPORTS TEAM.

POINT OF ORDER

Rep. HILL 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. SIMRILL moved to waive Rule 5.10, pursuant to Rule 5.15.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 3

Those who voted in the affirmative are:

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Bales
Ballentine               Bannister                Bernstein
Blackwell                Burns                    Calhoon
Chellis                  Chumley                  Clary
Clemmons                 Clyburn                  Cobb-Hunter
Cogswell                 Collins                  B. Cox
W. Cox                   Crawford                 Daning
Davis                    Dillard                  Elliott
Felder                   Finlay                   Forrest
Forrester                Fry                      Funderburk
Gagnon                   Garvin                   Gilliam
Hardee                   Hayes                    Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Huggins                  Hyde
Jefferson                Johnson                  Jordan
Kimmons                  King                     Kirby
Ligon                    Loftis                   Lowe
Lucas                    Mack                     Martin
McCoy                    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
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Stringer                 Tallon                   Taylor
Trantham                 Weeks                    West
Wheeler                  Whitmire                 R. Williams
S. Williams              Willis                   Yow

Total--99

Those who voted in the negative are:

Hill                     Magnuson                 White

Total--3

So, Rule 5.10 was waived pursuant to Rule 5.15.

Rep. SIMRILL explained the Bill.

Rep. SIMRILL moved to adjourn debate on the Bill until Tuesday, March 26, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

COMMUNICATION

The following was received:

March 12, 2019
Speaker James H. "Jay" Lucas
South Carolina House of Representatives
506 Blatt Building
1105 Pendleton Street
Columbia, South Carolina 29201

Dear Mr. Speaker:

I have served the South Carolina House of Representatives as Clerk since 2004 and it is with much feeling that I tenure my resignation effective midnight March 31, 2019. This decision was one of the most difficult for me. I have been blessed to work for the House in so many capacities over the years, and have had the opportunity to work and grow with so many highly skilled members of this great staff.

It is a pleasure and a privilege to have shared and made so many friends along the way and am thankful for all of the support and kindness from this fine group of folks. It is an honor and I am proud to have served the constituency of this great State as part of the General Assembly.

Thank you for all that you do. God bless.

Sincerely,
Charles F. Reid
Clerk of the House

ELECTION OF THE CLERK

The SPEAKER announced that nominations were in order for the Clerk of the House.

Rep. SIMRILL nominated MR. PATRICK G. DENNIS of Columbia.

On the motion of Rep. SIMRILL, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

HOUSE RESOLUTION

The following was introduced:

H. 4288 (Word version) -- Reps. B. Cox, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Loftis, Long, Lowe, Lucas, 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 REALOP INVESTMENTS OF GREENVILLE FOR ITS OUTSTANDING WORK IN DRIVING ECONOMIC DEVELOPMENT WITHIN SOUTH CAROLINA AND BEYOND AND TO CELEBRATE WITH THE REALOP FIRM UPON ITS TENTH ANNIVERSARY IN MARCH 2019.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4289 (Word version) -- Rep. Anderson: A HOUSE RESOLUTION TO HONOR CHAPLAIN EFFSON CHESTER BRYANT OF THE COLUMBIA VA HEALTH CARE SYSTEM FOR HIS NEARLY SEVEN YEARS OF MINISTRY WITH THE VA, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4290 (Word version) -- Reps. Tallon, 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, 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 IRA S. "BUDDY" RAINWATER III OF FLORENCE FOR HIS DEDICATED MINISTRY TO HIS COMMUNITY AND THE CITIZENS OF FLORENCE COUNTY AND TO WISH HIM MUCH SUCCESS, HAPPINESS, AND GOD'S RICHEST BLESSINGS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4291 (Word version) -- Reps. Martin, 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, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE THAT MAMMOGRAPHY PROVIDES IN THE EARLY DETECTION OF BREAST CANCER AND TO DECLARE MONDAY, OCTOBER 7, 2019, "MAMMOGRAM AWARENESS DAY" IN SOUTH CAROLINA.

Whereas, a screening mammogram, an x-ray picture of the breast, can be used to check for breast cancer in women who have no signs or symptoms of the disease and usually involves two or more pictures, or images, of each breast, often making it possible to detect tumors that cannot be felt; and

Whereas, screening mammograms can also find microcalcifications, tiny deposits of calcium, that sometimes indicate the presence of breast cancer; and

Whereas, a diagnostic mammogram can be used to check for breast cancer after a lump or other sign or symptom of the disease has been found; and

Whereas, although other signs of breast cancer may be present, such signs may also be signs of benign conditions which a diagnostic mammogram could determine; and

Whereas, diagnostic mammograms can also be used to evaluate changes found during a screening mammogram or to view breast tissue when it is difficult to obtain a screening mammogram because of special circumstances; and

Whereas, in the United States, conventional mammography stored on film has been replaced with digital mammography stored in an electronic image as a computer file, which can be enhanced, magnified, or manipulated for further evaluation more easily than information stored on film and can be shared electronically between radiologists and breast surgeons for consultations; and

Whereas, a newer three-dimensional (3-D) mammography, also known as digital breast tomosynthesis (DBT), is a type of digital mammography in which x-ray machines are used to take pictures of thin "slices" of the breast from different angles, and computer software is used to reconstruct an image in a process similar to how a computed tomography (CT) scanner produces images of structures inside of the body; and

Whereas, early detection of breast cancer through screening mammography could result in the initiation of earlier treatment to fight the disease, possibly before it has spread; and

Whereas, results from some clinical trials and other studies show that screening mammography can help to reduce the number of deaths from breast cancer among women ages forty to seventy-four, especially for those over the age of fifty; and

Whereas, grateful for the many advances of modern medicine that help to prevent, detect, and cure many diseases, the South Carolina General Assembly encourages women across the Palmetto State to consult their physicians about their need for mammography and to be aware of the life-saving possibilities of timely screening. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, recognize the importance that mammography provides in the early detection of breast cancer and declare Monday, October 7, 2019, "Mammogram Awareness Day" in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4292 (Word version) -- Rep. Davis: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 9, 2019, AS "STEM EDUCATION DAY" THROUGHOUT THE STATE AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO JOIN IN RECOGNIZING THE POSITIVE IMPACT THAT STEM EDUCATION HAS ON THE QUALITY OF LIFE FOR THE RESIDENTS OF THE PALMETTO STATE.

Whereas, the members of the South Carolina General Assembly recognize the importance of mastering the world-class knowledge that science, technology, engineering, and math (STEM) education provides for students of all South Carolina schools; and

Whereas, career opportunities in STEM fields, such as advanced manufacturing, computing, and engineering, continue to grow in South Carolina; and

Whereas, STEM learning, whether in school, afterschool, or in a wide variety of formal and informal learning settings, contributes to increased STEM knowledge and skills; and

Whereas, partnerships between education and industry are key to promoting, supporting, and improving STEM education in South Carolina; and

Whereas, STEM learning is enhanced by dedicated and well-prepared teachers, mentors, and volunteers; and

Whereas, the Palmetto State is committed to providing its next generation of leaders with a rigorous, well-rounded education; and

Whereas, it is important to recognize and promote success in both student and teacher accomplishments in STEM. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, proclaim April 9, 2019, as "Stem Education Day" throughout the State and encourage all South Carolinians to join in recognizing the positive impact that STEM education has on the quality of life for the residents of the Palmetto State.

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

INTRODUCTION OF BILLS

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

H. 4287 (Word version) -- Reps. Lucas, G. M. Smith, Simrill, Rutherford, McCoy and Ott: A JOINT RESOLUTION TO AUTHORIZE THE PUBLIC SERVICE AUTHORITY EVALUATION AND RECOMMENDATION COMMITTEE TO RECEIVE AND APPROVE A CONTRACTUAL OFFER TO PURCHASE THE ASSETS AND ASSUME OR SATISFY THE LIABILITIES OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY WHICH THE COMMITTEE CONSIDERS TO BE IN THE BEST INTERESTS OF THIS STATE AND ITS TAXPAYERS AND RATEPAYERS, TO PROVIDE THAT THE ACTIONS OF THE COMMITTEE ARE SUBJECT TO FINAL APPROVAL BY THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS OFFER IS TRANSMITTED TO AND APPROVED OR DISAPPROVED BY THE GENERAL ASSEMBLY, INCLUDING A TIMELINE REQUIREMENT.
Referred to Committee on Ways and Means

H. 4293 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-110 SO AS TO ESTABLISH THE SOUTH CAROLINA ELECTION SECURITY COUNCIL, AND TO PROVIDE FOR THE COUNCIL'S COMPOSITION, DUTIES, POWERS, AND RESPONSIBILITIES; BY ADDING SECTION 7-13-1625 SO AS TO PROVIDE THAT AFTER THE EFFECTIVE DATE OF THIS ACT, ALL VOTING SYSTEMS USED IN SOUTH CAROLINA SHALL UTILIZE A PAPER-BASED SYSTEM USING PAPER BALLOTS TABULATED BY OPTICAL SCANNERS AS THE BALLOT OF RECORD, AND TO REQUIRE THE GENERAL ASSEMBLY TO APPROPRIATE THE FUNDS NECESSARY TO PURCHASE THE VOTING SYSTEMS REQUIRED BY THIS SECTION; AND BY ADDING SECTION 7-13-1635 SO AS TO PROVIDE THAT BEGINNING WITH THE 2020 GENERAL ELECTION CYCLE, THE STATE ELECTION COMMISSION IN CONJUNCTION WITH THE COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS, AS NECESSARY, SHALL CONDUCT POSTELECTION RISK-LIMITING AUDITS FOR ALL STATEWIDE PRIMARY, GENERAL, AND SPECIAL ELECTIONS, INCLUDING STATEWIDE RUNOFF ELECTIONS, TO DEFINE RELEVANT TERMS, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS REGARDING THE PROCEDURES AND USE OF RISK-LIMITING AUDITS.
Referred to Committee on Judiciary

H. 4294 (Word version) -- Reps. Rivers, Erickson, W. Newton, S. Williams, Bradley and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-440 SO AS TO PROVIDE THAT A COUNTY MAY ADOPT ALTERNATIVE DATES FOR THE APPLICATION OF PENALTIES ON DELINQUENT TAXES, THE ISSUANCE OF THE COUNTY TREASURER'S EXECUTION TO THE OFFICER AUTHORIZED TO COLLECT DELINQUENT TAXES, ASSESSMENTS, PENALTIES, AND COSTS, AND THE MAILING OF THE NOTICE OF DELINQUENT TAXES.
Referred to Committee on Ways and Means

H. 3449--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3449 (Word version) -- Reps. Hiott, Lucas, Kirby, Forrest, Young, Hixon, B. Newton, Erickson, Bradley, Mace, Atkinson, Ligon, Magnuson, Hill, Johnson and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-55-70 SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE IS RESPONSIBLE FOR THE REGULATION OF HEMP IN SOUTH CAROLINA IN STRICT COMPLIANCE WITH THE STANDARDS AND PRACTICES ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE; AND TO REPEAL SECTIONS 46-55-20 THROUGH 46-55-60, ALL RELATING TO INDUSTRIAL HEMP.

Rep. HIOTT explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Ballentine
Bannister                Bennett                  Bernstein
Blackwell                Bradley                  Brown
Bryant                   Burns                    Calhoon
Caskey                   Chellis                  Chumley
Clary                    Clemmons                 Clyburn
Cobb-Hunter              Cogswell                 Collins
B. Cox                   W. Cox                   Crawford
Daning                   Davis                    Dillard
Elliott                  Felder                   Finlay
Forrest                  Forrester                Fry
Funderburk               Gagnon                   Garvin
Gilliam                  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               B. Newton                W. Newton
Norrell                  Ott                      Pendarvis
Pope                     Ridgeway                 Rivers
Robinson                 Rose                     Rutherford
Sandifer                 Simmons                  Simrill
G. M. Smith              Sottile                  Spires
Stavrinakis              Stringer                 Tallon
Taylor                   Thigpen                  Trantham
Weeks                    West                     Wheeler
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--111

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3595--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3595 (Word version) -- Reps. Elliott, G. M. Smith, Simrill, Stavrinakis, Loftis, Clemmons, Erickson, West, Bannister and Forrest: A BILL TO AMEND SECTION 12-6-3585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO INCREASE THE AGGREGATE ANNUAL CREDIT AMOUNT.

Rep. G. M. SMITH explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 1

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bannister
Bennett                  Bernstein                Blackwell
Bradley                  Brown                    Bryant
Burns                    Calhoon                  Chumley
Clary                    Clemmons                 Clyburn
Cobb-Hunter              Cogswell                 Collins
B. Cox                   W. Cox                   Crawford
Daning                   Davis                    Dillard
Elliott                  Felder                   Finlay
Forrest                  Forrester                Fry
Funderburk               Gagnon                   Garvin
Gilliam                  Govan                    Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Huggins                  Hyde
Jefferson                Johnson                  Jordan
Kimmons                  King                     Kirby
Ligon                    Loftis                   Long
Lowe                     Lucas                    Mace
Mack                     Magnuson                 Martin
McCoy                    McCravy                  McDaniel
McGinnis                 McKnight                 Moore
Morgan                   D. C. Moss               V. S. Moss
B. Newton                W. Newton                Ott
Pendarvis                Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              Sottile
Spires                   Stavrinakis              Stringer
Tallon                   Taylor                   Thigpen
Trantham                 Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total--107

Those who voted in the negative are:

Hill                                              

Total--1

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3355--MOTION TO RECONSIDER TABLED

Rep. BLACKWELL moved to reconsider the vote whereby following Bill was committed to the House Judiciary Committee:

H. 3355 (Word version) -- Reps. Taylor, Allison, Elliott, Tallon, Cogswell, McCravy, V. S. Moss, Young, McGinnis, Stringer, Felder, Calhoon, Hardee, Govan, Hixon, W. Newton, Chellis, Toole, Funderburk, Blackwell and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "DRIVING UNDER THE INFLUENCE OF AN ELECTRONIC DEVICE OR DUI-E LAW", TO AMEND SECTION 56-5-3890, RELATING TO THE UNLAWFUL USE OF A WIRELESS COMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, SO AS TO REVISE THE DEFINITION OF CERTAIN TERMS, REVISE THE CIRCUMSTANCES WHEN IT IS UNLAWFUL TO USE A WIRELESS DEVICE, TO CREATE THE OFFENSE OF DRIVING WHILE USING AN ELECTRONIC DEVICE, TO MAKE TECHNICAL REVISIONS, AND TO PROVIDE THAT AT CERTAIN POINTS ALONG THE STATE'S INTERSTATE HIGHWAYS, THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY MOTORISTS OF THE PROVISIONS OF THIS ACT.

Rep. MCKNIGHT moved to table the motion to reconsider.

Rep. BLACKWELL demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 34

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Ballentine               Bamberg                  Bannister
Bernstein                Brown                    Burns
Chumley                  Clary                    Clemmons
Cobb-Hunter              Collins                  W. Cox
Crawford                 Dillard                  Finlay
Fry                      Gagnon                   Garvin
Hart                     Hayes                    Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hill                     Hosey                    Hyde
Johnson                  Jordan                   Kimmons
King                     Kirby                    Ligon
Loftis                   Long                     Lowe
Mace                     Mack                     Magnuson
Martin                   McCoy                    McCravy
McDaniel                 McKnight                 Moore
Morgan                   D. C. Moss               W. Newton
Norrell                  Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simmons
Simrill                  G. M. Smith              G. R. Smith
Spires                   Stavrinakis              Tallon
Thigpen                  Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Yow                                               

Total--76

Those who voted in the negative are:

Allison                  Bennett                  Blackwell
Bradley                  Bryant                   Calhoon
Caskey                   Chellis                  Clyburn
Cogswell                 B. Cox                   Daning
Davis                    Elliott                  Forrest
Forrester                Funderburk               Gilliam
Govan                    Hiott                    Hixon
Huggins                  Jefferson                Lucas
McGinnis                 V. S. Moss               B. Newton
Ott                      Pendarvis                Sottile
Stringer                 Taylor                   Trantham
Wooten                                            

Total--34

So, the motion to reconsider was tabled.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 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.

ADJOURNMENT

At 11:58 a.m. the House, in accordance with the motion of Rep. GAGNON, adjourned in memory of Gus Wilson, to meet at 10:00 a.m. tomorrow.

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