NO. 52
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 51:6: "You desire truth in the inward being; therefore teach me wisdom in my secret heart."
Let us pray. Lord, You have called these women and men to carry the heavy burden of doing what is best for this State. Give them the courage and understanding to do the work. Bless them in their endeavors. Grant these Representatives a safe trip home to rest, relax, and refuel for another week. Remember our defenders of freedom and first responders as they protect us. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in this vineyard. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. GILLIARD moved that when the House adjourns, it adjourn in memory of Dr. Martin Luther King, Jr., which was agreed to.
Rep. HIOTT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 4318 (Word version) -- Reps. Hixon, Forrest and Kirby: A BILL TO AMEND SECTION 50-11-544, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILD TURKEY HUNTING AND TRANSPORTATION TAGS, SO AS TO DELETE THE TERM "WILD TURKEY TRANSPORTATION TAGS" AND REPLACE IT WITH THE TERM "WILD TURKEY TAGS" AND TO PROVIDE THE TAGS WILL NO LONGER BE ISSUED AT NO COST; TO AMEND SECTION 50-11-580, RELATING TO THE SEASON FOR THE HUNTING AND TAKING OF MALE WILD TURKEY, THE ESTABLISHMENT OF YOUTH TURKEY HUNTING WEEKEND, BAG LIMITS, AND AN ANNUAL REPORT, SO AS TO REVISE THE SEASON FOR HUNTING AND TAKING A MALE WILD TURKEY, TO REVISE THE BAG LIMITS, TO DELETE THE PROVISION ESTABLISHING YOUTH TURKEY HUNTING WEEKEND, AND TO PROVIDE FOR THE TAKING OF FEMALE WILD TURKEYS; BY ADDING SECTION 50-11-590 SO AS TO PROVIDE FOR YOUTH TURKEY DAY; TO AMEND SECTION 50-9-920, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, SO AS TO PROVIDE THAT REVENUE GENERATED FROM RESIDENT AND NONRESIDENT WILD TURKEY TRANSPORTATION TAG SETS SHALL BE USED FOR CERTAIN PURPOSES; BY ADDING SECTION 50-9-640 SO AS TO PROVIDE FEES FOR WILD TURKEY TAGS; TO REPEAL SECTION 50-11-520 RELATING TO WILD TURKEY SEASON AND THE DECLARATION OF OPEN OR CLOSED SEASONS; TO REPEAL SECTION 7 OF ACT 41 OF 2015 RELATING TO THE HUNTING AND TAKING OF WILD TURKEY; AND BY ADDING SECTION 50-11-546 SO AS TO PROVIDE FOR AN ELECTRONIC HARVEST REPORTING SYSTEM, REQUIREMENTS FOR REPORTING THE HARVEST OF A WILD TURKEY, AND PENALTIES FOR A VIOLATION OF THIS PROVISION.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3036 (Word version) -- Reps. McCravy, Parks, West, Gagnon, Martin, Hiott, Burns, Huggins, G. R. Smith, Trantham, Ridgeway, Thayer, W. Cox, Toole, Johnson, Jefferson, Clary and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "DYLAN'S LAW"; AND BY ADDING SECTION 44-37-35 SO AS TO REQUIRE NEONATAL TESTING FOR CERTAIN GENETIC DISORDERS AND DISEASES AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3703 (Word version) -- Reps. Lowe, Moore, Rose, Rutherford, Willis, Sottile and Hill: A BILL TO AMEND SECTION 40-45-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE BY THE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO INCREASE THE MAXIMUM NUMBER OF TIMES A PERSON MAY ATTEMPT TO PASS LICENSURE BY THE BOARD FROM TWO TO SIX; AND TO AMEND SECTION 40-45-260, RELATING TO LIMITS ON ATTEMPTS TO PASS LICENSURE EXAMINATION FOR PHYSICAL THERAPISTS AND PHYSICAL THERAPY ASSISTANTS, SO AS TO INCREASE THE MAXIMUM NUMBER OF SUCH ATTEMPTS FROM TWO TO SIX.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3728 (Word version) -- Reps. Fry, Alexander, Dillard, Erickson, Hewitt, Huggins, Norrell, Pendarvis, Ridgeway, Rutherford, Spires, Trantham, Weeks, West, Wooten, Yow, Henegan, Cogswell, Mack, R. Williams and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-130-80 SO AS TO REQUIRE HOSPITAL EMERGENCY DEPARTMENT PHYSICIANS AND PHARMACISTS TO SUBMIT CERTAIN INFORMATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) FOR INCLUSION IN THE PRESCRIPTION MONITORING PROGRAM WHEN A PERSON IS ADMINISTERED AN OPIOID ANTIDOTE; TO AMEND SECTION 44-130-60, RELATING TO THE AUTHORITY OF FIRST RESPONDERS TO ADMINISTER OPIOID ANTIDOTES, SO AS TO REQUIRE FIRST RESPONDERS TO SUBMIT CERTAIN INFORMATION TO DHEC FOR INCLUSION IN THE PRESCRIPTION MONITORING PROGRAM; TO AMEND SECTION 44-53-1640, RELATING TO THE PRESCRIPTION MONITORING PROGRAM, SO AS TO REQUIRE THE PROGRAM TO MONITOR THE ADMINISTERING OF OPIOID ANTIDOTES BY FIRST RESPONDERS AND IN EMERGENCY HEALTH CARE SETTINGS; AND TO AMEND SECTION 44-53-1645, RELATING TO THE REQUIREMENT OF PRACTITIONERS TO REVIEW A PATIENT'S CONTROLLED SUBSTANCE PRESCRIPTION HISTORY BEFORE PRESCRIBING A SCHEDULE II CONTROLLED SUBSTANCE, SO AS TO ALSO REQUIRE A REVIEW OF ANY INCIDENTS IN WHICH THE PATIENT HAS BEEN ADMINISTERED AN OPIOID ANTIDOTE BY A FIRST RESPONDER OR IN AN EMERGENCY HEALTH CARE SETTING.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 4004 (Word version) -- Reps. Clary, G. M. Smith, Lucas, Ridgeway and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST) ACT" BY ADDING CHAPTER 80 TO TITLE 44 SO AS TO ENABLE CERTAIN PERSONS TO EXECUTE A POST FORM SIGNED BY A PHYSICIAN THAT SETS FORTH THE PATIENT'S WISHES AS TO LIFE-SUSTAINING CARE; TO REQUIRE HEALTH CARE PROVIDERS AND HEALTH CARE FACILITIES TO ACCEPT A POST FORM AS A VALID MEDICAL ORDER WHICH TAKES PRECEDENCE OVER AN ADVANCE DIRECTIVE AND TO COMPLY WITH THE ORDER, WITH EXCEPTIONS; TO ESTABLISH A PHYSICIAN ORDERS FOR SCOPE OF TREATMENT (POST) ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PERFORM CERTAIN DUTIES WITH RESPECT TO OVERSEEING POST FORMS AND TO PROMULGATE REGULATIONS; TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY AND FROM DISCIPLINARY ACTION FOR CERTAIN PERSONS ACTING IN ACCORDANCE WITH PROVISIONS OF THE CHAPTER; AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.
Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 205 (Word version) -- Senators Young, Martin, Setzler and Shealy: A BILL TO AMEND SECTION 44-36-320 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER, TO PROVIDE FOR AN ADDITIONAL DUTY TO FACILITATE AND COORDINATE EARLY DETECTION EDUCATIONAL INITIATIVES FOR HEALTH CARE PROVIDERS.
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3730 (Word version) -- Reps. Fry, West, G. R. Smith, Johnson, Hardee, Dillard, Robinson, Garvin, S. Williams, Sandifer and Martin: A BILL TO AMEND SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE TRAFFICKING OFFENSES FOR CERTAIN CONTROLLED SUBSTANCES, SO AS TO ADD AN OFFENSE FOR "TRAFFICKING IN FENTANYL".
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3729 (Word version) -- Reps. Fry, West, G. R. Smith, Johnson, Hardee, Dillard, Robinson, Garvin, S. Williams, Sandifer, Felder and Crawford: A BILL TO AMEND SECTION 63-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATED REPORTING OF SUSPECTED CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE REPORTING WHEN AN INFANT OR FETUS IS EXPOSED TO ALCOHOL OR CONTROLLED SUBSTANCES.
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3080 (Word version) -- Reps. Stavrinakis and Hosey: A BILL TO AMEND SECTION 61-4-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS FOR USE AT FAIRS AND SPECIAL FUNCTIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE PERMITS TO SELL BEER AND WINE AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION FOR "FESTIVAL"; AND TO AMEND SECTION 61-6-2000, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY ISSUE LICENSES TO SELL ALCOHOLIC LIQUOR BY THE DRINK AT MULTIPLE LOCATIONS ON MULTIPLE DAYS AT A FESTIVAL ON ONE APPLICATION, AND TO PROVIDE A DEFINITION OF "FESTIVAL".
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3231 (Word version) -- Reps. G. M. Smith, Norrell, Mace, Bernstein and Hixon: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ADD AS A GROUND CONDUCT OR TREATMENT THAT DESTROYS THE WELL-BEING, HAPPINESS, AND WELFARE OF A SPOUSE AND RENDERS CONTINUED COHABITATION UNSAFE OR UNENDURABLE.
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3020 (Word version) -- Reps. McCravy, Bennett, Burns, Chumley, B. Cox, Erickson, Gilliam, Hayes, Hiott, Huggins, Johnson, Jordan, Loftis, Long, Magnuson, Martin, Morgan, D. C. Moss, V. S. Moss, G. R. Smith, Thayer, Toole, Trantham, West, Willis, Wooten, Yow, Allison, Atkinson, Ballentine, Bannister, Bryant, Caskey, Clemmons, Collins, Elliott, Forrest, Fry, Gagnon, Herbkersman, Hixon, Hyde, Lowe, Pope, Sandifer, Simrill, G. M. Smith, Spires, White, Young, Lucas, B. Newton, Bailey, Hewitt, Crawford, Davis, W. Newton, Tallon and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA FETAL HEARTBEAT PROTECTION FROM ABORTION ACT" BY ADDING ARTICLE 6 TO CHAPTER 41, TITLE 44 SO AS TO REQUIRE TESTING FOR A DETECTABLE FETAL HEARTBEAT BEFORE AN ABORTION IS PERFORMED ON A PREGNANT WOMEN AND TO PROHIBIT THE PERFORMANCE OF AN ABORTION WHEN A FETAL HEARTBEAT IS DETECTED, BOTH WITH MEDICAL EMERGENCY EXCEPTIONS, TO REQUIRE CERTAIN DOCUMENTATION AND RECORDKEEPING BY PHYSICIANS PERFORMING ABORTIONS, TO CREATE A CIVIL ACTION FOR A PREGNANT WOMAN UPON WHOM AN ABORTION IS PERFORMED, TO CREATE CRIMINAL PENALTIES, AND FOR OTHER PURPOSES; TO AMEND SECTION 44-41-460, RELATING TO REQUIRED REPORTING OF ABORTION DATA TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD REPORTING OF FETAL HEARTBEAT TESTING AND PATIENT MEDICAL CONDITION DATA; AND TO AMEND SECTION 44-41-330, RELATING TO A PREGNANT WOMAN'S RIGHT TO KNOW CERTAIN PREGNANCY INFORMATION, SO AS TO REQUIRE NOTIFICATION OF THE DETECTION OF A FETAL HEARTBEAT.
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report on:
H. 4075 (Word version) -- Reps. Johnson, Tallon, Hixon, Pope, Hardee, Hyde, Hewitt and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 1-7-730 RELATING TO THE EXAMINATION OF THE OFFICES OF COUNTY OFFICERS.
Ordered for consideration tomorrow.
Rep. MCCOY, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3737 (Word version) -- Reps. Spires, Calhoon, Huggins, Caskey, Ott, Ballentine, Toole and Wooten: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT DISTRICT, SO AS TO INCREASE THE DISTRICT'S MEMBERSHIP BY TWO MEMBERS WHO MUST BE RESIDENTS OF CAYCE OR WEST COLUMBIA.
Ordered for consideration tomorrow.
The following was introduced:
H. 4392 (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, 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 VIVIAN CONSTANCE DOUGLAS OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 4393 (Word version) -- Rep. Spires: A HOUSE RESOLUTION TO RECOGNIZE SEPTEMBER 1 THROUGH 7, 2019 AS "NATURAL DISASTER RESILIENCY WEEK" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS ABOUT THE CONTINUING NEED TO PLAN FOR FUTURE DISASTERS BY INSTITUTING A PRE-DISASTER MITIGATION STRATEGY. Whereas, hazard mitigation is the effort to lessen the impact of disasters, particularly with regard to reducing any loss of life or property. It is most effective when implemented under a comprehensive, long-term mitigation plan; and
Whereas, the Pre-Disaster Mitigation Grant Program, administered by the Federal Emergency Management Agency, is designed to assist states and local communities in implementing a sustained pre-disaster natural hazard mitigation program; and
Whereas, federal legislation recently signed into law, the Disaster Recovery Reform Act, makes available new dollars for states and communities to undertake pre-disaster mitigation measures and creates new incentives for states to build resiliently; and
Whereas, since 1908, natural disasters have cost the country more than one trillion dollars; and
Whereas, disasters affect local and state economies through lost payrolls, lost sales and income tax, and increased recovery times; and
Whereas, according to a study commissioned by the Federal Emergency Management Agency and conducted by the National Institute of Building Sciences, every dollar spent on hazard mitigation provides the nation with six dollars in future benefits; and
Whereas, twenty-five percent of small businesses that are impacted by a natural disaster never reopen their doors; and
Whereas, September is National Preparedness Month in recognition of the need for all Americans to prepare and plan for recovery after a disaster; and
Whereas, mitigation planning is a key process used to break the cycle of disaster damage, reconstruction, and repeated damage; and
Whereas, effective pre-disaster mitigation reduces the demand for relief services on volunteer organizations, such as disaster rescue and recovery teams, food banks, and homeless shelters, which serve our communities by changing their operations to provide additional services to those affected by disasters; and Whereas, the members of the South Carolina House of Representatives honor the brave men and women who, as first responders, selflessly provide aid in a disaster; and
Whereas, the members of the South Carolina House of Representatives encourage communities throughout the State to build resiliently and develop long-range mitigation strategies for protecting people and property from future hazard events. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, recognize September 1 through 7, 2019 as "Natural Disaster Resiliency Week" in South Carolina in order to raise public awareness about the continuing need to plan for future disasters by instituting a pre-disaster mitigation strategy.
The Resolution was adopted.
The following was introduced: H. 4394 (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, 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 RECOGNIZE AND HONOR THE SCOTT'S BRANCH BOYS TRACK AND FIELD TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2018 SOUTH CAROLINA CLASS A STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4395 (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, 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 RECOGNIZE AND HONOR THE CLARENDON HALL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXTRAORDINARY SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2019 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 1A STATE CHAMPIONSHIP TITLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4396 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO HONOR GASPER LOREN TOOLE III OF AIKEN COUNTY UPON THE OCCASION OF HIS RETIREMENT FROM THE BOARD OF DIRECTORS OF SECURITY FEDERAL BANK, TO OFFER GRATITUDE FOR HIS MANY SIGNIFICANT CONTRIBUTIONS TO AIKEN COUNTY AND THE PALMETTO STATE, AND TO WISH HIM MANY YEARS OF HAPPINESS AND FULFILLMENT.
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. 4397 (Word version) -- : Rep. Rutherford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-1675 SO AS TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE DUPLICATE FRONT AND REAR LICENSE PLATES TO THE REGISTERED OWNER OF A MOTOR VEHICLE WHO IS EMPLOYED AS A TRANSPORTATION NETWORK COMPANY (TNC) DRIVER AND WHO, IN THE COURSE OF HIS EMPLOYMENT, OPERATES HIS VEHICLE IN A MUNICIPALITY OR MUNICIPALITIES THAT BY ORDINANCE REQUIRE TNC VEHICLES TO DISPLAY DUPLICATE FRONT AND REAR LICENSE PLATES, AND TO PROVIDE THAT THE FEE PAID TO THE DEPARTMENT OF MOTOR VEHICLES TO ACQUIRE DUPLICATE FRONT AND REAR LICENSE PLATES MAY BE DEDUCTED FROM THE REGISTERED OWNER'S STATE INCOME TAX RETURN FOR THE YEAR IN WHICH THE FEE WAS PAID.
Referred to Committee on Education and Public Works
H. 4398 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONER QUALIFICATIONS AND OTHER MATTERS, SO AS TO PROVIDE THAT A CANDIDATE FOR CORONER IN THIS STATE MUST BE A RESIDENT OF THE COUNTY IN WHICH HE SEEKS THE OFFICE OF CORONER AT THE TIME HE FILES FOR THE OFFICE OF CORONER RATHER THAN ONE YEAR BEFORE FILING.
Referred to Committee on Judiciary
H. 4399 (Word version) -- Rep. Hiott: A BILL TO AMEND SECTION 13-1-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS SERVING ON THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT A RESIDENT COMMISSION MEMBER MAY NOT SERVE FOR MORE THAN TWO CONSECUTIVE TERMS; AND TO AMEND SECTION 13-1-1050, RELATING TO THE TERMS OF THE AERONAUTICS COMMISSION, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 4400 (Word version) -- Reps. Bryant, Felder, B. Newton, Chumley, Fry, Hardee, Robinson, Trantham, V. S. Moss, McGinnis, Johnson, Pope, Bannister, Clary, Clemmons, Dillard, Hiott, Hixon, Ligon, Martin, D. C. Moss, G. R. Smith, Stringer and Tallon: A BILL TO AMEND SECTION 24-21-645, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF PAROLE, CONDITIONS OF PAROLE PLACED ON A PAROLEE, AND THE REVIEW SCHEDULE FOLLOWING THE DENIAL OF PAROLE, SO AS TO PROVIDE UPON A NEGATIVE DETERMINATION OF PAROLE FOR CERTAIN PRISONERS IN CONFINEMENT FOR A VIOLENT CRIME, THEIR CASES MUST BE REVIEWED EVERY FIVE YEARS INSTEAD OF EVERY TWO YEARS.
Referred to Committee on Judiciary
H. 4401 (Word version) -- Reps. Jefferson, Hosey, Garvin, Cobb-Hunter, Gilliard, Henegan, Alexander, Rivers, S. Williams, Pendarvis, R. Williams, Moore, Robinson, Dillard, Ridgeway and Wheeler: A BILL TO AMEND SECTION 12-28-2930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF STATE SOURCE HIGHWAY FUNDS FOR CONSTRUCTION AND RENOVATION PROJECTS TO FIRMS OWNED AND CONTROLLED BY DISADVANTAGED ETHNIC GROUPS OR WOMEN, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO FUNDS ON CONTRACTORS OR CONSULTANTS FOR CERTAIN PROJECTS THAT INCLUDE BUILDING CONSTRUCTION AND MAINTENANCE, TO DELETE THE ESTIMATED VALUE OF CONTRACTS COVERED BY THIS PROVISION, TO PROVIDE THIS PROVISION COVERS SUBCONTRACTS, TO PROVIDE THE DEPARTMENT OF TRANSPORTATION AND THE COUNTIES MAY ESTABLISH SUBCONTRACTING GOALS TO OBTAIN PARTICIPATION IN THE CONTRACTING PROCESS BY ETHNIC GROUPS AND WOMEN, AND TO REVISE DESIGN OF AND IMPLEMENTATION OF THE DEPARTMENT OF TRANSPORTATION'S PROGRAM TO ALLOCATE FUNDS PURSUANT TO THIS SECTION.
Referred to Committee on Education and Public Works
H. 4402 (Word version) -- Reps. Burns, Chumley, Willis, Elliott, B. Cox, Long, Morgan, Trantham, Robinson, Magnuson, Bannister, Dillard, V. S. Moss, G. R. Smith and Stringer: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT RATIOS, SO AS TO ALLOW FOR A REFUND IN ANY YEAR WHEN TAXES ARE OVERPAID BECAUSE THE PROPERTY WAS ELIGIBLE FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO IF THE OWNER WAS FINANCIALLY DISABLED DURING SUCH PERIOD.
Referred to Committee on Ways and Means
H. 4403 (Word version) -- Reps. Bennett and Brown: A BILL TO AMEND SECTION 59-63-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BULLYING PROHIBITION POLICIES ADOPTED BY SCHOOL DISTRICTS, SO AS TO PROVIDE PROCEDURES FOR RESPONDING TO AND REMEDIATING ALLEGATIONS OF BULLYING, TO REQUIRE AN APPEALS PROCEDURE, AND TO PROVIDE CERTAIN ADDITIONAL REQUIREMENTS OF SCHOOL DISTRICTS AND THE SUPERINTENDENT OF EDUCATION.
Referred to Committee on Education and Public Works
H. 4404 (Word version) -- Reps. Stringer, Herbkersman, W. Newton, Yow, Huggins, Ballentine, Erickson, B. Cox, Elliott, Allison, Forrest and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "VETERANS NURSING DEGREE OPPORTUNITY ACT"; AND BY ADDING ARTICLE 3 TO CHAPTER 33, TITLE 40 SO AS TO AUTHORIZE THE DEVELOPMENT AND IMPLEMENTATION OF VETERAN ASSOCIATE OF SCIENCE IN NURSING DEGREE PROGRAMS AND VETERAN BACHELOR OF SCIENCE IN NURSING DEGREE PROGRAMS TO ENABLE MILITARY VETERANS WITH RELEVANT MILITARY TRAINING AND EXPERIENCE TO EXPEDITE THE TRANSITION FROM MILITARY LIFE TO A PROFESSIONAL CAREER IN NURSING, TO PROVIDE NECESSARY DEFINITIONS, TO REQUIRE A COLLABORATIVE EFFORT BY THE COMMISSION ON HIGHER EDUCATION, STATE BOARD OF NURSING, BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND DIVISION OF VETERANS' AFFAIRS TO IDENTIFY GAPS BETWEEN RELEVANT MILITARY EDUCATION AND TRAINING AND ACADEMIC REQUIREMENTS FOR UNDERGRADUATE NURSING EDUCATION PROGRAMS AND DEGREES APPROVED BY THE STATE BOARD OF NURSING AND LICENSURE BY THE BOARD, AND TO APPROVE CURRICULUM TO ENABLE MILITARY VETERANS TO APPLY SUCH EDUCATION AND TRAINING TOWARD REQUIREMENTS FOR AN ASSOCIATE'S DEGREE IN NURSING OR A BACHELOR'S DEGREE IN NURSING AND LICENSURE AS A LICENSED PRACTICAL NURSE OR REGISTERED NURSE, AMONG OTHER THINGS.
Referred to Committee on Education and Public Works
H. 4405 (Word version) -- Rep. Gilliard: A BILL TO AMEND SECTION 58-23-1660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STANDARDS APPLICABLE TO TRANSPORTATION NETWORK COMPANIES OPERATING IN THIS STATE, SO AS TO REQUIRE TRANSPORTATION NETWORK COMPANIES, AT THE TIME THE TRANSPORTATION NETWORK COMPANY (TNC) MATCHES THE TNC DRIVER TO THE TNC PASSENGER THROUGH THE DIGITAL NETWORK, TO TRANSMIT A NUMERIC PIN CODE BOTH TO THE DRIVER AND THE PASSENGER FOR THE PURPOSE OF CONFIRMING THAT THE PASSENGER HAS LOCATED THE CORRECT DRIVER, AND TO REQUIRE THE TNC TO INCLUDE IN THE PASSENGER'S RIDE CONFIRMATION MESSAGE INSTRUCTIONS FOR USING THE NUMERIC PIN CODE TO CONFIRM THAT THE PASSENGER HAS LOCATED THE CORRECT DRIVER.
Referred to Committee on Labor, Commerce and Industry
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 Burns Calhoon Caskey 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 Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young
The SPEAKER granted Rep. YOW a leave of absence for the day.
The SPEAKER granted Rep. MCKNIGHT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. CHELLIS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. HENEGAN a leave of absence for the day.
The SPEAKER granted Rep. BRYANT a leave of absence for the day.
The SPEAKER granted Rep. MCCOY a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. STRINGER a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
The SPEAKER granted Rep. TAYLOR a leave of absence for the remainder of the day.
Rep. THIGPEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 3.
Announcement was made that Dr. Amanda Sloan Davis of Anderson was the Doctor of the Day for the General Assembly.
Reps. W. COX, THAYER, WHITE, WEST, HILL and GAGNON presented to the House the Powdersville High School Varsity Volleyball Team, coaches, and other school officials.
Rep. BAMBERG presented to the House the Bamberg-Ehrhardt High School Wrestling Team, coaches, and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3079 (Word version)
Date: ADD:
04/04/19 FORREST
Bill Number: H. 3284 (Word version)
Date: ADD:
04/04/19 WILLIS
Bill Number: H. 3301 (Word version)
Date: ADD:
04/04/19 MARTIN
Bill Number: H. 3307 (Word version)
Date: ADD:
04/04/19 HENDERSON-MYERS
Bill Number: H. 3322 (Word version)
Date: ADD:
04/04/19 STAVRINAKIS
Bill Number: H. 3354 (Word version)
Date: ADD:
04/04/19 MARTIN
Bill Number: H. 3391 (Word version)
Date: ADD:
04/04/19 BRAWLEY
Bill Number: H. 3730 (Word version)
Date: ADD:
04/04/19 MARTIN
Bill Number: H. 3778 (Word version)
Date: ADD:
04/04/19 FRY
Bill Number: H. 3783 (Word version)
Date: ADD:
04/04/19 ATKINSON
Bill Number: H. 3998 (Word version)
Date: ADD:
04/04/19 HENDERSON-MYERS
Bill Number: H. 4150 (Word version)
Date: ADD:
04/04/19 FELDER, WEST, HIXON, KIRBY and COBB-HUNTER
Bill Number: H. 4152 (Word version)
Date: ADD:
04/04/19 FORREST, MAGNUSON, CHUMLEY, BURNS, LONG and ELLIOTT
Bill Number: H. 4245 (Word version)
Date: ADD:
04/04/19 GILLIARD
Bill Number: H. 4386 (Word version)
Date: ADD:
04/04/19 CASKEY
The following Bill was taken up:
H. 3346 (Word version) -- Reps. Yow, Lucas and Henegan: A BILL TO AMEND ACT 205 OF 1993, AS AMENDED, RELATING TO THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE FILING PERIOD FOR DECLARATIONS OF CANDIDACY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bannister Bennett Bernstein Blackwell Bradley Brown Burns Calhoon Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Ridgeway Robinson Rose Sandifer Simrill G. R. Smith Spires Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. SPIRES, with unanimous consent, it was ordered that H. 3346 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate: H. 4261 (Word version) -- Reps. McCoy, G. M. Smith, Ott, Sandifer, Simrill, Lucas, Jefferson, R. Williams, Fry, Ballentine and Weeks: 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".
H. 3780 (Word version) -- Reps. White, Hixon, Taylor, Cobb-Hunter, Funderburk, Anderson, Hewitt, R. Williams, Davis, Brown, Weeks, Rivers, S. Williams and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 7, TITLE 59 SO AS TO CREATE THE "GROWING RURAL ECONOMIES WITH ACCESS TO TECHNOLOGY (GREAT) PROGRAM", TO FACILITATE THE DEPLOYMENT OF BROADBAND TO UNSERVED AREAS OF THE STATE, TO PROVIDE DEFINITIONS, TO ESTABLISH THE GROWING RURAL ECONOMIES WITH ACCESS TO TECHNOLOGY FUND, TO PROVIDE THAT ANY PROPERTY OWNED BY A MUNICIPALITY MAY BE LEASED OR RENTED IN CERTAIN SITUATIONS, TO PROVIDE THAT A MUNICIPALITY-OWNED UTILITY MAY BE LEASED, TO PROVIDE THAT A MUNICIPALITY IS AUTHORIZED TO SELL OR LEASE ANY PUBLIC ENTERPRISE THAT IT OWNS, TO PROVIDE THAT THE STATE SHALL ALLOW COLLOCATION, INSTALLATION, AND OPERATION OF CERTAIN EQUIPMENT BY A BROADBAND PROVIDER ON ANY EXISTING STRUCTURES, AND TO PROVIDE FOR A MONTHLY 911 SERVICE CHARGE; AND TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 7, TITLE 59 AS "ARTICLE 1, GENERAL PROVISIONS". H. 3785 (Word version) -- Reps. Sandifer, Howard, Thayer, West and Weeks: A BILL TO AMEND SECTION 40-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF THE BOARD OF ACCOUNTANCY, SO AS TO REMOVE AN OBSOLETE REFERENCE AND TO PROVIDE MEETINGS MAY BE CLOSED IN CERTAIN INSTANCES PURSUANT TO FEDERAL LAW OR AT THE DISCRETION OF THE BOARD; TO AMEND SECTION 40-2-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO REVISE A DEFINITION; TO AMEND SECTION 40-2-35, RELATING TO EXAMINATION REQUIREMENTS FOR LICENSURE BY THE BOARD, SO AS TO REMOVE THE REQUIREMENT THAT CERTAIN EXAMINATIONS BE COMPUTER BASED; TO AMEND SECTION 40-2-80, RELATING TO THE CONFIDENTIAL TREATMENT OF CERTAIN EVIDENCE OBTAINED DURING INVESTIGATIONS BY THE BOARD, SO AS TO PROVIDE ALL PROCEEDINGS AND INQUIRIES RELATED TO THE INVESTIGATIONS ARE CONFIDENTIAL EXCEPT AS OTHERWISE PROVIDED; TO AMEND SECTION 40-2-90, RELATING TO INVESTIGATIONS BY THE BOARD, SO AS TO REMOVE A DUPLICATIVE REFERENCE AND TO PROVIDE DISCIPLINARY HEARINGS BY THE BOARD MUST BE OPEN TO THE PUBLIC EXCEPT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 40-2-240, RELATING TO LICENSURE OF OUT-OF-STATE PERSONS BY THE BOARD, SO AS TO REVISE CRITERIA FOR SUCH LICENSURE; AND TO AMEND SECTION 40-2-340, RELATING TO DISCLAIMERS THAT ACCOUNTING PRACTITIONERS AND ACCOUNTING PRACTITIONER FIRMS MUST USE WHEN ASSOCIATING THEIR NAMES WITH CERTAIN COMPILED FINANCIAL STATEMENTS, SO AS TO REMOVE THE EXISTING BOILERPLATE LANGUAGE AND INSTEAD PROVIDE SUCH DISCLAIMERS MUST COMPLY WITH CERTAIN NATIONAL STANDARDS.
Rep. TALLON moved to adjourn debate upon the following Bill, which was adopted: H. 3307 (Word version) -- Reps. Clemmons, Fry, Crawford, Allison, Yow, Daning, Elliott, Hewitt, G. R. Smith, Hixon, Taylor, Magnuson, Gagnon, Johnson, Clary, Pendarvis, McKnight, Rose, Cogswell, Cobb-Hunter, B. Newton, Mace, Caskey, Moore, Gilliard, Blackwell, Govan and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL ESTABLISH AND MAINTAIN A CASE TRACKING SYSTEM AND SEARCHABLE WEBSITE THAT INCLUDES CERTAIN INFORMATION ABOUT PROPERTY SEIZED BY LAW ENFORCEMENT AGENCIES AND FORFEITED UNDER STATE LAW OR UNDER ANY AGREEMENT WITH THE FEDERAL GOVERNMENT.
The following Bill was taken up:
H. 4152 (Word version) -- Reps. Hixon, Kirby, Hewitt, Bailey, Hiott, Martin, Loftis, Forrest, Magnuson, Chumley, Burns, Long and Elliott: A BILL TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOLID WASTE POLICY AND MANAGEMENT, SO AS TO PROVIDE THAT POST-USE POLYMERS AND RECOVERABLE FEEDSTOCKS USED IN PYROLYSIS AND GASIFICATION PROCESSES ARE "RECOVERED MATERIALS" AND ARE NOT "SOLID WASTE" FOR THE PURPOSES OF REGULATION BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4152 (Word version) (COUNCIL\VR\4152C001.JN.VR19):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article I, Chapter 96, Title 44 of the 1976 Code is amended by adding:
"Section 44-96-145. (A) A recovered material is not accumulated speculatively if the person accumulating it can show that there is a known use, reuse, or recycling potential for the material, that the material can be feasibly sold, used, reused, or recycled and that during a calendar year commencing January 1 and ending December 31 of the same year, seventy-five percent, by weight or volume, of the recovered material stored at a facility is recycled, sold, used, or reused. Any material that is accumulated speculatively and not in accordance with these requirements must be handled as solid waste.
(B) Proof of recycling, sale, use, or reuse shall be provided in the form of bills of sale, or other records showing adequate proof of movement of the material in question to a recognized recycling facility or for proper use or reuse from the accumulation point. In addition, proof must be provided that there is a known market or disposition for the recovered material. Persons claiming that they are owners or operators of recovered materials processing facilities must show that they have the necessary equipment to do so." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON explained the amendment.
Reps. NORRELL, ALEXANDER, MOORE, SIMMONS, BRAWLEY, COBB-HUNTER, S. WILLIAMS, RIDGEWAY, WEEKS, BROWN, HIOTT, HEWITT, HIXON, TRANTHAM, MURPHY, GARVIN, CASKEY, ROSE, JEFFERSON, FORREST, MARTIN, ROBINSON and FRY requested debate on the Bill.
The following Bill was taken up:
H. 3079 (Word version) -- Reps. Pope, Burns, Bryant, Clyburn, Yow, Brown, Hixon and Forrest: A BILL TO AMEND SECTION 16-11-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING AND THE POSTING OF NOTICE OF TRESPASSING, SO AS TO ALLOW FOR A DIFFERENT METHOD OF THE POSTING OF NOTICE OF TRESPASSING INVOLVING CLEARLY VISIBLE PURPLE-PAINTED BOUNDARIES.
Rep. V. S. MOSS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon 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 Hardee Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Hyde Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McDaniel McGinnis Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pope Ridgeway Rivers Robinson Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Young
Those who voted in the negative are:
Caskey Hart Rose
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. V. S. MOSS, with unanimous consent, it was ordered that H. 3079 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 4245 (Word version) -- Reps. Ligon, Kirby, Ott, Hewitt, Atkinson, Hiott, Hixon, Pope, Felder, V. S. Moss, D. C. Moss, B. Cox, Forrest, Simrill, Martin, B. Newton, Magnuson, Moore, Hyde, Simmons, Trantham, R. Williams, Jefferson, King, W. Cox and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 17, TITLE 47 SO AS TO PROVIDE IT IS UNLAWFUL TO ADVERTISE, SELL, LABEL, OR MISREPRESENT AS "MEAT" OR "CLEAN MEAT" ALL OR PART OF A CARCASS THAT IS CELL-CULTURED MEAT/PROTEIN, OR IS NOT DERIVED FROM HARVESTED PRODUCTION LIVESTOCK OR POULTRY, AND TO PROVIDE A PENALTY.
Rep. LIGON proposed the following Amendment No. 1 to H. 4245 (Word version) (COUNCIL\CZ\4245C001.JN.CZ19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 17, Title 47 of the 1976 Code is amended by adding:
Section 47-17-510. A person who advertises, offers for sale, or sells all or part of a carcass shall not engage in any misleading or deceptive practices, labeling, or misrepresenting a product as 'meat' or 'clean meat' that is cell-cultured meat/protein, or is not derived from harvested production livestock, poultry, fish, or crustaceans.
Section 47-17-520. The provisions of this article do not apply to plant-based meat substitutes.
Section 47-17-530. A person who violates this article is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, or fined not more than one thousand dollars, or both." /
Renumber sections to conform.
Amend title to conform.
Rep. LIGON 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 Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Garvin Gilliam Gilliard Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Mace Magnuson Martin McCravy McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer 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.
On motion of Rep. LIGON, with unanimous consent, it was ordered that H. 4245 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 4009 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTION 48-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO UPDATE THE NAMES OF THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 48-4-30, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REMOVE THE AT-LARGE BOARD MEMBER FROM THE BOARD; TO AMEND SECTION 48-4-70, RELATING TO THE GENERAL DUTIES OF THE BOARD, SO AS TO REMOVE THE BOND REQUIREMENT; TO AMEND SECTION 49-30-80, RELATING TO THE REMOVAL OF UNPERMITTED STRUCTURES, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-1-220, RELATING TO THE APPLICATION OF THE PROVISIONS OF SECTIONS 50-1-180 TO 50-1-230 TO CERTAIN LANDS, SO AS TO REMOVE A REFERENCE TO A REPEALED STATUTE; TO AMEND SECTION 50-3-90, RELATING TO GAME AND FISH CULTURE OPERATIONS AND INVESTIGATIONS, SO AS TO REMOVE CERTAIN REQUIREMENTS BEFORE AN INVESTIGATION MAY BE CONDUCTED; TO AMEND SECTION 50-3-110, RELATING TO THE SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO UPDATE THE AGENCY NAME AND DELETE A REFERENCE TO A DISCONTINUED PRACTICE; TO AMEND SECTION 50-3-130, RELATING TO UNIFORMS AND EMBLEMS OF ENFORCEMENT OFFICERS, SO AS TO GRANT AUTHORITY TO THE DEPARTMENT OF NATURAL RESOURCES TO PRESCRIBE THE OFFICIAL UNIFORM; TO AMEND SECTION 50-3-315, RELATING TO DEPUTY ENFORCEMENT OFFICERS, SO AS TO DELETE AN EXPIRED DIRECTIVE TO ESTABLISH A TRAINING PROGRAM; TO AMEND SECTION 50-3-320, RELATING TO THE TRANSMITTAL AND DELIVERY OF COMMISSIONS OF ENFORCEMENT OFFICERS, SO AS TO PROVIDE THE DEPARTMENT IS RESPONSIBLE TO MAINTAIN THE COMMISSIONS OF ENFORCEMENT OFFICERS AND TO DELETE A BOND REQUIREMENT; TO AMEND SECTION 50-3-350, RELATING TO THE OFFICIAL BADGE OF ENFORCEMENT OFFICERS, SO AS TO UPDATE THE AGENCY NAME FOR AN ENFORCEMENT OFFICER'S OFFICIAL BADGE; TO AMEND SECTION 50-3-395, RELATING TO THE AUTHORITY OF ENFORCEMENT OFFICERS TO ISSUE WARNING TICKETS, SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH CERTAIN PROCEDURES WITHOUT PROMULGATING REGULATIONS; TO AMEND SECTION 50-3-510, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES AUTHORITY TO CONTRACT FOR THE HARVEST OF TIMBER ON LANDS HELD BY THE DEPARTMENT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY THE STATE FORESTER AT LEAST THIRTY DAYS PRIOR TO THE BIDDING OF TIMBER SALES; TO AMEND SECTION 50-5-25, RELATING TO DEPARTMENT OF NATURAL RESOURCES UNDER THE MARINE RESOURCES ACT, SO AS TO NO LONGER REQUIRE THE DEPARTMENT TO DEPOSIT FUNDS FROM THE SALE OF EXPERIMENTAL MARICULTURE PRODUCTS INTO A CERTAIN FUND; TO AMEND SECTION 50-5-2510, RELATING TO THE SUSPENSION OF SALTWATER PRIVILEGES FOR THE ACCUMULATION OF POINTS, SO AS TO ALTER THE REQUIREMENTS FOR THE NOTICE OF SUSPENSION; TO AMEND SECTION 50-5-2515, RELATING TO THE NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 50-9-960, RELATING TO THE MARINE RESOURCES FUND, SO AS TO ENCOURAGE DEVELOPMENT OF THE MARICULTURE INDUSTRY AND TO REQUIRE THE DEPOSIT OF REVENUE FROM SALES OF EXPERIMENTAL MARICULTURE PRODUCTS PRODUCED BY THE DEPARTMENT OF NATURAL RESOURCES TO THE MARINE RESOURCES FUND; TO AMEND SECTION 50-9-1140, RELATING TO THE SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO ALTER THE REQUIREMENTS FOR THE NOTICE OF SUSPENSION; TO AMEND SECTION 50-9-1150, RELATING TO THE NOTICE OF SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE THAT A PERSON OR ENTITY MAY APPEAL THE DECISION TO SUSPEND HUNTING AND FISHING PRIVILEGES UNDER THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 50-11-980, RELATING TO THE DESIGNATED WILDLIFE SANCTUARY IN CERTAIN AREAS OF CHARLESTON HARBOR, SO AS TO UPDATE THE BOUNDARIES OF THE WILDLIFE SANCTUARY; TO AMEND SECTION 50-13-675, RELATING TO NONGAME FISHING DEVICES PERMITTED IN CERTAIN BODIES OF WATER, SO AS TO PROHIBIT THE USE OF NONGAME FISHING DEVICES IN LAKE JOCASSEE; TO AMEND SECTION 50-13-1415, RELATING TO THE IMPORTATION, POSSESSION, OR PLACING OF WATER HYACINTH AND HYDRILLA IN THE WATERS OF THIS STATE, SO AS TO PROHIBIT THE POSSESSION, SALE, OR PLACEMENT OF CERTAIN AQUATIC PLANT PESTS; TO AMEND SECTION 50-15-10, RELATING TO DEFINITIONS APPLICABLE TO PROVISIONS PROTECTING NONGAME AND ENDANGERED WILDLIFE SPECIES, SO AS TO UPDATE THE CITATION OF THE FEDERAL LIST OF ENDANGERED SPECIES; TO AMEND SECTION 50-15-30, RELATING TO THE LIST OF ENDANGERED SPECIES, SO AS TO UPDATE THE CITATION TO THE FEDERAL REGULATION AND TO MOVE CERTAIN DUTIES TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-15-40, RELATING TO PROGRAMS FOR MANAGEMENT OF NONGAME AND ENDANGERED WILDLIFE, SO AS TO MOVE CERTAIN DUTIES TO THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-21-860, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS UPDATE THE REFERENCE TO THE SECTION ESTABLISHING THE FRESHWATER-SALTWATER DIVIDING LINE; TO AMEND SECTION 50-23-11, AS AMENDED, RELATING TO WATERCRAFT DEALER DEMONSTRATION NUMBERS, SO AS TO ESTABLISH CERTAIN REQUIREMENTS FOR THE DEMONSTRATION NUMBER WHEN THE DEALER ALLOWS FOR THE OPERATION OF THE WATERCRAFT; TO REPEAL SECTION 1-30-75 RELATING TO THE TRANSFER OF AUTHORITY AND DUTIES FROM CERTAIN AGENCIES TO THE DEPARTMENT OF NATURAL RESOURCES; TO REPEAL SECTIONS 3-5-100 AND 3-5-170 BOTH RELATING TO CULTIVATING OYSTERS ON AREAS LEASED BY THE DEPARTMENT OF NATURAL RESOURCES; TO REPEAL SECTION 11-37-200 RELATING TO THE WATER RESOURCES COORDINATING COUNCIL; TO REPEAL ARTICLE 5 OF CHAPTER 3, TITLE 47 RELATING TO FERAL DOGS; TO REPEAL SECTIONS 47-3-510, 47-3-520, AND 47-3-550 ALL RELATING TO THE REGISTRATION OF DOGS; TO REPEAL SECTION 49-3-30 RELATING TO THE TRANSFER OF THE WATER RESOURCES COMMISSION TO THE DEPARTMENT OF NATURAL RESOURCES; TO REPEAL SECTIONS 49-30-40 THROUGH 49-30-60 ALL RELATING TO THE PUBLIC WATERS NUISANCE ABATEMENT ACT; TO REPEAL SECTIONS 50-3-10 AND 50-3-150 BOTH RELATING TO THE TRANSFER OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO THE DEPARTMENT OF NATURAL RESOURCES; TO REPEAL SECTION 50-3-180 RELATING TO THE MITIGATION TRUST FUND; TO REPEAL ARTICLE 11 OF CHAPTER 3, TITLE 50 RELATING TO THE CONSERVATION GRANT FUND; TO REPEAL SECTION 50-5-17 RELATING TO THE FLOUNDER POPULATION STUDY PROGRAM; TO REPEAL SECTION 50-5-2545 RELATING TO POINTS FOR VIOLATIONS OF MARINE RESOURCES LAWS RECEIVED PRIOR TO THE EFFECTIVE DATE OF THE MARINE RESOURCES ACT OF 2000; TO REPEAL SECTION 50-9-1160 RELATING TO JUDICIAL REVIEW OF A SUSPENSION OF HUNTING AND FISHING PRIVILEGES; TO REPEAL SECTION 50-11-851 RELATING TO THE PROHIBITION ON SHOOTING CARRIER PIGEONS; TO REPEAL SECTIONS 50-11-1110 AND 50-11-1120 BOTH RELATING TO THE AUTHORITY OF THE DEPARTMENT TO OPEN CERTAIN SEASONS UPON THE REQUEST OF A COUNTY LEGISLATIVE DELEGATION; TO REPEAL SECTIONS 50-11-1360 THROUGH 50-11-1430 ALL RELATING TO PEN-RAISED QUAIL; TO REPEAL SECTION 50-13-1936 RELATING TO FEES FOR OPERATION OF THE WALHALLA FISH HATCHERY; TO REPEAL ARTICLE 1 OF CHAPTER 19, TITLE 50 RELATING TO THE CHEROKEE FISH AND GAME CLUB; TO REPEAL ARTICLE 3 OF CHAPTER 19, TITLE 50 RELATING TO THE DARLINGTON COUNTY ADVISORY FISH AND GAME COMMISSION; TO REPEAL SECTIONS 50-19-210 THROUGH 50-19-240 ALL RELATING TO THE PRESTWOOD LAKE WILDLIFE REFUGE BOARD; TO REPEAL SECTION 50-19-250 RELATING TO THE PROHIBITION OF NIGHT FISHING IN A CERTAIN PORTION OF FOUR HOLE SWAMP; TO REPEAL SECTION 50-19-450 RELATING TO THE AUTHORITY TO PROMULGATE REGULATIONS TO MANAGE FISHERIES IN CERTAIN AREAS IN SPARTANBURG COUNTY; TO REPEAL ARTICLE 13 OF CHAPTER 19, TITLE 50 RELATING TO DEVICES ON THE LITTLE PEE DEE RIVER; TO REPEAL ARTICLE 17 OF CHAPTER 19, TITLE 50 RELATING TO THE DUTIES OF THE LEE COUNTY LEGISLATIVE DELEGATION TO PROTECT FISH AND GAME IN LEE COUNTY; TO REPEAL ARTICLE 19 OF CHAPTER 19, TITLE 50 RELATING TO THE MARION COUNTY FISH AND GAME COMMISSION AND THE ESTABLISHMENT OF THE SHELLY LAKE FISH SANCTUARY IN MARION COUNTY; TO REPEAL ARTICLE 21 OF CHAPTER 19, TITLE 50 RELATING TO FISH AND WILDLIFE PROJECTS IN MARLBORO COUNTY; TO REPEAL ARTICLE 25 OF CHAPTER 19, TITLE 50 RELATING TO HUNTING CROWS IN YORK COUNTY; TO REPEAL ARTICLE 27 OF CHAPTER 19, TITLE 50 RELATING TO FISHING IN YORK COUNTY; TO REPEAL SECTIONS 50-19-1710 THROUGH 50-19-1730 ALL RELATING TO THE CATAWBA-WATEREE FISH AND GAME COMMISSION; TO REPEAL SECTION 50-19-1935 RELATING TO THE DUTY TO MONITOR A BASS FISHERY IN THE WATEREE-SANTEE RIVERINE SYSTEM; TO REPEAL SECTION 50-19-2310 RELATING TO STRIPED BASS SEASONS IN LAKE GREENWOOD AND BOYD'S MILL; TO REPEAL SECTION 50-19-2330 RELATING TO THE REMOVAL AND CONTROL OF NONGAME FISH IN LAKE GREENWOOD AND BOYD'S MILL; TO REPEAL ARTICLE 23 OF CHAPTER 13, TITLE 51 RELATING TO THE ENOREE RIVER GREENWAY COMMISSION; TO REDESIGNATE ARTICLE 5 OF CHAPTER 19, TITLE 50 AS "SLADE LAKE FISHING"; AND TO REDESIGNATE ARTICLE 29 OF CHAPTER 19, TITLE 50 AS "FISHING AND HUNTING IN WATEREE LAKE".
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4009 (Word version) (COUNCIL\CM\4009C001.GT.CM19), which was adopted:
Amend the bill, as and if amended, by deleting Section 50-13-1415(3), as contained in SECTION 22, page 18, and inserting:
/ "(3) the aquatic plant pests listed in Regulation 27-135 or a successor regulation." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON 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 Brown Burns Calhoon Caskey 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 Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis Moore D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer Thigpen 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.
I support H. 4009 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Natural Resources.
Rep. Wm. Weston Newton
On motion of Rep. HIXON, with unanimous consent, it was ordered that H. 4009 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4011 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTION 49-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' DUTIES IN REGARDS TO WATER RESOURCE PLANNING AND COORDINATION, SO AS TO MAKE STATUTORY CHANGES TO REFLECT THE DUTIES OF THE DEPARTMENT; AND TO AMEND SECTION 49-3-50, RELATING TO MATTERS TO BE CONSIDERED BY THE DEPARTMENT IN EXERCISING ITS AUTHORITY UNDER THE WATER RESOURCES PLANNING AND COORDINATION ACT, SO AS TO REQUIRE THE DEPARTMENT TO CONSIDER THE NEED FOR MEASURES TO PREVENT SALTWATER INTRUSION ON GROUNDWATER AND SURFACE WATER AND PROTECT THE STATE'S AQUATIC RESOURCES.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4011 (Word version) (COUNCIL\CM\4011C001.GT.CM19), which was adopted:
Amend the bill, as and if amended, by deleting Section 49-3-40(a)(2), as contained in SECTION 1, page 1, and inserting:
/ "(2) developing and establishing policies and proposals designed to meet and resolve special problems of water resource use and control within or affecting the State, including consideration of the requirements and problems of urban and rural areas;" /
Amend the bill further, by deleting Section 49-3-50(a), as contained in SECTION 2, page 2, and inserting:
/ "(a) Adequate supplies of surface and groundwaters of suitable quality for domestic, municipal, agricultural, and industrial all uses, including domestic, municipal, agricultural, and industrial." /
Amend the bill further, by deleting Section 49-3-(50)(j), as contained in SECTION 2, page 3, and inserting:
/ "(j) Studies on saltwater intrusion into groundwater and surface water." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON 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:
Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Chumley Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer 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.
I support H. 4011 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Natural Resources.
On motion of Rep. HIXON, with unanimous consent, it was ordered that H. 4011 (Word version) be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. G. M. SMITH asked unanimous consent to recall H. 4331 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HILL objected.
Rep. G. M. SMITH asked unanimous consent to recall S. 486 (Word version) from the Committee on Judiciary.
Rep. HILL objected.
Rep. HIOTT asked unanimous consent to recall S. 105 (Word version) from the Committee on Judiciary.
Rep. HILL objected.
Rep. HIOTT asked unanimous consent to recall H. 4327 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. FORRESTER objected.
On motion of Rep. MCCRAVY, with unanimous consent, the following Bill was ordered recalled from the Greenwood Delegation:
H. 4330 (Word version) -- Rep. McCravy: A BILL 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.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3936 (Word version) -- Reps. Davis, Daning, Chellis, Thigpen, Pendarvis, Erickson, Jefferson, R. Williams and Brown: 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.
H. 3807 (Word version) -- Reps. Felder, Bernstein and Mack: 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. H. 4262 (Word version) -- Reps. Simrill, Rutherford, Sandifer, Forrester, West, Jefferson, R. Williams, Anderson, Weeks, G. R. Smith, S. Williams and Gilliard: 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.
The following Joint Resolution was taken up: H. 4287 (Word version) -- Reps. Lucas, G. M. Smith, Simrill, Rutherford, McCoy, Ott, Stavrinakis, Gilliard and Caskey: A JOINT RESOLUTION TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY EVALUATION AND RECOMMENDATION COMMITTEE MAY UTILIZE STATE APPROPRIATED OR AUTHORIZED FUNDS, INCLUDING THE USE OF THOSE FUNDS TO RETAIN NECESSARY EXPERTS, LEGAL COUNSEL, BANKING INSTITUTION, OR ANY OTHER FINANCIAL ENTITY, TO EVALUATE AND REVIEW A POTENTIAL, COMPLEX FINANCIAL TRANSACTION FOR THE POTENTIAL SALE OF SANTEE COOPER AND ANY OR ALL OTHER RELATED FINANCIAL TRANSACTIONS NECESSARY FOR USE IN THIS FINANCIAL EVALUATION, 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.
Rep. CRAWFORD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
Crawford Davis Hardee Johnson Moore Simmons
The Joint Resolution was read the third time and ordered sent to the Senate.
I was temporarily out of the Chamber on constituent business during the vote on the second reading of H. 4287 (Word version) on Wednesday, April 3, 2019. If I had been present, I would have voted in favor of the Joint Resolution.
Rep. Anne Thayer
Rep. SIMRILL moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4406 (Word version) -- Rep. Robinson: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR BOBBY J. DONALDSON, PH.D., OF THE UNIVERSITY OF SOUTH CAROLINA FOR HIS DISTINGUISHED CAREER IN SOUTHERN HISTORY AND AFRICAN-AMERICAN LIFE AND CULTURE.
The Resolution was adopted.
The following was introduced: H. 4407 (Word version) -- Reps. Hewitt, Anderson, Alexander, Allison, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, 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 PROCLAIM THE FIRST TUESDAY OF MAY 2019 AS "PALMETTO GIVING DAY" IN SOUTH CAROLINA.
Whereas, organized by a grassroots collaboration of local nonprofit organizations facilitated by the Frances P. Bunnelle Foundation, Palmetto Giving Day is a 24-hour online giving event for Georgetown County; and
Whereas, numerous nonprofit organizations serving Georgetown County participate in Palmetto Giving Day on the first Tuesday of May each year in a collective effort to make Georgetown County and the State of South Carolina a better place to live, work, and play; and
Whereas, the philanthropy that makes this event a success is based on voluntary action for the common good and stems from a tradition of giving and sharing that is primary to quality of life. It is an investment in our community and the values we cherish and will define our future. Now therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, proclaim the first Tuesday of May 2019 as "Palmetto Giving Day" in South Carolina.
The following was introduced:
H. 4408 (Word version) -- Reps. Forrest, 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, 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, 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 CELEBRATE THE THIRTY-THIRD ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL, TO BE HELD MAY 9-11, 2019, IN BATESBURG-LEESVILLE, AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
Whereas, the members of the South Carolina House of Representatives are pleased to learn that the South Carolina Poultry Festival will celebrate its thirty-third year at this year's festival in Batesburg-Leesville from May 9 through 11, 2019; and
Whereas, employing thousands of citizens, South Carolina's billion-dollar poultry industry annually produces, processes, and markets vast amounts of eggs, broilers, turkeys, pigeons, quail, and spring chickens; and
Whereas, Lexington, Saluda, and Aiken counties serve as home to some of the state's top broiler producers, including such household names as Amick Farms, Columbia Farms, and Gentry Poultry Company; and
Whereas, in 1986, Batesburg-Leesville restaurant owner Sara Shealy hatched the idea of a poultry festival based in Lexington County to showcase the state's largest agribusiness, and the Leesville Merchants Association created a festival from her proposal; and
Whereas, one year later, the Ridge Poultry Festival was held, hosting approximately twenty thousand visitors. The event became the South Carolina Poultry Festival in 1989, and in recent years its attendance has exceeded one hundred thousand people; and
Whereas, today the festival features four stages offering continuous entertainment, thirty food vendors, a carnival, a parade with well over one hundred ten units, and more than seventy commercial vendors and one hundred twenty crafters; and
Whereas, the event presents the best of Southern hospitality, and proceeds regularly support various local charities, organizations, and community causes while hosting the festival's own "#1 World's Best Chicken Cooking Contest"; and
Whereas, guests anticipate an impressive antique car and collector show, a five-kilometer road race, a volleyball tournament, and evening street dances; and
Whereas, a spectacular display of the American spirit will conclude the festival on Saturday evening in one of the largest pyromusical shows available; and
Whereas, the members of the South Carolina House of Representatives commend the planners and participants of the thirty-third annual South Carolina Poultry Festival and appreciate the beneficial impact of the poultry industry on the economy of the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, celebrate the thirty-third anniversary of the South Carolina Poultry Festival, to be held May 9-11, 2019, in Batesburg-Leesville, and honor those planning and participating in the festival.
The following was introduced:
H. 4409 (Word version) -- Rep. Kirby: A HOUSE RESOLUTION TO MEMORIALIZE SOUTH CAROLINA FARMERS FOR THEIR IMPORTANT CONTRIBUTIONS TO THE STATE AND TO ENCOURAGE STATE AND FEDERAL LEADERS TO EXTEND EMERGENCY FUNDING TO FINANCIALLY ASSIST FARMERS WHO HAVE SUFFERED THE SEVERE ECONOMIC IMPACTS OF NATURAL DISASTERS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4410 (Word version) -- Reps. McDaniel, 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, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, 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 HONOR MRS. FANNIE PRIOLEAU JOHNSON ON THE AUSPICIOUS OCCASION OF HER ONE HUNDREDTH BIRTHDAY ON APRIL 10, 2019, AND TO WISH HER MUCH JOY AND HAPPINESS.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4411 (Word version) -- Reps. Clemmons, Anderson, Crawford, McGinnis, Hardee, Bailey and Fry: A BILL TO AMEND SECTION 7-7-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN HORRY COUNTY, SO AS TO DELETE FOUR PRECINCTS, TO ADD EIGHT PRECINCTS, 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.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4412 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTIONS 4-10-470 AND 4-10-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX, SO AS TO AUTHORIZE ITS IMPOSITION IN CERTAIN SITUATIONS.
On motion of Rep. HAYES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4413 (Word version) -- Reps. G. M. Smith, Lucas, Simrill and Rutherford: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2019-2020 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.
Rep. G. M. SMITH asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. HILL objected.
Referred to Committee on Ways and Means
H. 4414 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-59-215 SO AS TO MAKE DUAL ENROLLMENT OPPORTUNITIES AVAILABLE TO ALL HIGH SCHOOL STUDENTS BEGINNING WITH THE 2020-2021 SCHOOL YEAR, TO PROVIDE CERTAIN REQUIREMENTS THAT HIGH SCHOOL STUDENTS MUST SATISFY TO TAKE DUAL ENROLLMENT COURSES, TO MAKE LOTTERY TUITION ASSISTANCE AVAILABLE TO ALL HIGH SCHOOL STUDENTS FOR DUAL ENROLLMENT CREDITS, AND TO PROVIDE THIS ASSISTANCE DOES NOT REQUIRE STUDENTS TO TAKE ANY MINIMUM NUMBER OF DUAL ENROLLMENT CREDITS.
Referred to Committee on Education and Public Works
H. 4415 (Word version) -- Reps. Bernstein, G. M. Smith, Stavrinakis, Murphy, Rutherford, Herbkersman, Elliott, Rose, Collins and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-90 SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE A DELIVERY SERVICE LICENSE SO AS TO ALLOW A PERSON THAT DELIVERS OR FACILITATES THE DELIVERY OF ITEMS FROM RETAIL DEALERS TO CUSTOMERS TO ALSO DELIVER ALCOHOLIC BEVERAGES AND WINE FROM THAT RETAIL DEALER.
Referred to Committee on Judiciary
H. 4416 (Word version) -- Reps. Fry, Finlay, Crawford, McGinnis, B. Newton, Bennett, Clemmons, Davis, Johnson and Martin: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO REQUIRE ALL CANDIDATES FROM EACH POLITICAL PARTY IN THIS STATE TO PAY A FILING FEE, INCLUDING CANDIDATES FROM PARTIES THAT ARE NOT REQUIRED TO CONDUCT A PRIMARY ELECTION, AND TO AUTHORIZE POLITICAL PARTIES TO CHARGE A CERTIFICATION FEE TO ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY OR POLITICAL PARTY CONVENTION; AND TO AMEND SECTION 7-11-210, RELATING TO THE NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE CANDIDATES TO AFFIRM THEIR PARTICIPATION IN AT LEAST THREE OF THE LAST FOUR STATEWIDE PARTY PRIMARIES, OR, IN THE ALTERNATIVE, IF PRECLUDED FROM PARTICIPATION DUE TO AGE, PERSONAL HEALTH, RESIDENCY, OR ACTIVE MILITARY SERVICE, CANDIDATES MAY PLEDGE THAT THEY ARE BONA FIDE MEMBERS OF THE POLITICAL PARTY WHOSE NOMINATION THEY ARE SEEKING, AND TO PROVIDE THAT THE STATE PARTY CHAIRMAN, IF PERMITTED BY PARTY RULE, MAY REQUIRE ADDITIONAL VERIFICATION WHEN A CANDIDATE'S AFFIRMATION OF BONA FIDE PARTY MEMBERSHIP IS DISPUTED, AND THAT THE STATE CHAIRMAN IS THE FINAL AUTHORITY TO RESOLVE QUESTIONS REGARDING BONA FIDE PARTY MEMBERSHIP.
Referred to Committee on Judiciary
H. 4417 (Word version) -- Reps. Martin, Hiott, Bennett, V. S. Moss, Trantham, G. R. Smith, Bailey, Huggins, Wooten, Caskey, Atkinson, Chumley, Pope, Burns, Magnuson, Ligon, Ballentine, B. Cox, Forrest, Hixon, Kimmons, Long, D. C. Moss, B. Newton, Sandifer, Simrill, Spires, Thayer and Toole: A BILL TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE A PERSON CONVICTED OF A CAPITAL CRIME AND HAVING IMPOSED UPON HIM THE SENTENCE OF DEATH SHALL SUFFER THE PENALTY BY ELECTROCUTION OR, AT THE ELECTION OF THE PERSON, EITHER BY LETHAL INJECTION, IF IT IS AVAILABLE AT THE TIME OF ELECTION, OR BY FIRING SQUAD UNDER THE DIRECTION OF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, TO PROVIDE IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, THE ELECTION EXPIRES AND MUST BE RENEWED IN WRITING, TO PROVIDE THE PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES THE RIGHT OF ELECTION, TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, TO PROVIDE A CONVICTED PERSON'S ELECTION MUST BE IN WRITING AND HIS SIGNATURE MUST BE WITNESSED BY TWO PERSONS WHOSE SIGNATURES MUST BE NOTARIZED, TO PROVIDE BOTH WITNESSES MUST CERTIFY THE CONVICTED PERSON'S SIGNATURE WAS MADE FREE FROM COERCION AND VOLUNTARILY GIVEN, TO PROVIDE IF EXECUTION BY LETHAL INJECTION UNDER THIS SECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION, THEN THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON, AND TO PROVIDE THE DEPARTMENT OF CORRECTIONS MUST PROVIDE WRITTEN NOTICE TO AN INMATE OF HIS RIGHT OF ELECTION UNDER THIS SECTION.
Referred to Committee on Judiciary
H. 4418 (Word version) -- Reps. Davis, Moore, Anderson, Jefferson, Daning and Crawford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-184 SO AS TO PROVIDE THE DEPARTMENT OF ADMINISTRATION SHALL ESTABLISH A "DISPLACED STATE EMPLOYEE READJUSTMENT FUND" TO BE USED FOR CREATING AND OPERATING A DISPLACED STATE EMPLOYEE READJUSTMENT APPLICANT POOL FOR THE PURPOSE OF HELPING PUBLIC AGENCY AND QUASI-PUBLIC AGENCY WORKERS DISPLACED BY THE SALE OR TRANSFER OF THE AGENCY OR QUASI-PUBLIC AGENCY TRANSITION TO CERTAIN OTHER EMPLOYMENT BY GIVING THEM FIRST PRIORITY CONSIDERATION FOR FILLING VACANCIES OR NEW POSITIONS AT OTHER STATE AGENCIES OR QUASI-PUBLIC AGENCIES, TO PROVIDE RELATED REQUIREMENTS OF THE DEPARTMENT OF ADMINISTRATION, STATE AGENCIES, AND QUASI-PUBLIC AGENCIES IN THIS STATE, AND TO LIMIT APPLICABILITY OF THESE PROVISIONS TO AGENCIES EMPLOYING ONE HUNDRED OR MORE WORKERS.
Referred to Committee on Ways and Means
H. 4419 (Word version) -- Reps. Davis, Daning and Crawford: A JOINT RESOLUTION TO PROVIDE THAT BEFORE THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND ITS ASSETS AND LIABILITIES MAY BE SOLD OR CONVEYED TO A PUBLIC OR PRIVATE ENTITY, AND BEFORE A CONTRACT FOR SALE FOR SAME MAY BE ENTERED INTO, THE DEPARTMENT OF ADMINISTRATION MUST CAUSE A FULL STUDY TO BE UNDERTAKEN IN THE TERRITORY OF THE AUTHORITY TO DETERMINE THE ECONOMIC AND OTHER IMPACTS OF THE SALE; TO PROVIDE THAT THE SALE OR CONVEYANCE OF THE PUBLIC SERVICE AUTHORITY MAY NOT BE UNDERTAKEN OR A CONTRACT FOR SUCH A SALE ENTERED INTO UNTIL THE STUDY IS COMPLETED; AND TO PROVIDE THAT THE GENERAL ASSEMBLY FURTHER PLEDGES AND COMMITS TO ENACT AND IMPLEMENT WITHOUT DELAY, BASED ON THE STUDY, MEANINGFUL ECONOMIC INCENTIVE PACKAGES FOR THOSE AREAS AND INDIVIDUALS ADVERSELY AFFECTED AS A RESULT OF A SALE IN TERMS OF JOBS LOST, ADVERSE EFFECTS ON COMMUNITIES, AND DIMINISHED PROSPECTS FOR FUTURE ECONOMIC GROWTH.
Referred to Committee on Ways and Means
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 4312 (Word version) -- Reps. G. M. Smith, Rutherford and Murphy: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 1, 2019, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE FEBRUARY 28, 2019, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2022; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING SUCCESSOR MEMBERS TO THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 1, 2, 3, AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE APRIL 14, 2018, AND JUNE 2, 2018.
Rep. G. M. SMITH explained the Senate Amendments.
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 Blackwell Bradley Brawley Brown Burns Calhoon Caskey Clary Clemmons Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The SPEAKER PRO TEMPORE granted Rep. SPIRES a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3307 (Word version) -- Reps. Clemmons, Fry, Crawford, Allison, Yow, Daning, Elliott, Hewitt, G. R. Smith, Hixon, Taylor, Magnuson, Gagnon, Johnson, Clary, Pendarvis, McKnight, Rose, Cogswell, Cobb-Hunter, B. Newton, Mace, Caskey, Moore, Gilliard, Blackwell, Govan and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL ESTABLISH AND MAINTAIN A CASE TRACKING SYSTEM AND SEARCHABLE WEBSITE THAT INCLUDES CERTAIN INFORMATION ABOUT PROPERTY SEIZED BY LAW ENFORCEMENT AGENCIES AND FORFEITED UNDER STATE LAW OR UNDER ANY AGREEMENT WITH THE FEDERAL GOVERNMENT.
Rep. McKNIGHT proposed the following Amendment No. 6 to
H. 3307 (Word version) (COUNCIL\AHB\3307C007.BH.AHB19):
Amend the bill, as and if amended, SECTION 1, by deleting Section 23-3-1510 and inserting:
/ Section 23-3-1510. This article is applicable to any provision that authorizes a law enforcement agency to seize property that is used in the commission of a criminal offense as provided by law. As of the effective date of this section, civil forfeiture of property is prohibited unless a person whose property is seized is charged by law enforcement with a criminal offense which carries a maximum penalty of one year or
more; /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS moved to adjourn debate on the amendment, which was agreed to.
Reps. CLEMMONS, POPE, G.M. SMITH, and COBB-HUNTER proposed the following Amendment No. 11 to H. 3307 (Word version) (COUNCIL\WAB\3307C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1500. 'Law enforcement agency' means any police force, multijurisdictional task force, fire department, or other local, county or state agency that has the authority under state law or operates in cooperation with a federal agency under federal law to engage in the seizure and forfeiture of property.
Section 23-3-1510. This article is applicable to any provision that authorizes a law enforcement agency to seize property that is used in the commission of a criminal offense.
Section 23-3-1520. (A) The Prosecution Coordination Commission (Commission) shall establish and maintain a case tracking system and searchable public website that includes the following information about property seized by a law enforcement agency and forfeited under state law or under any agreement with the federal government:
(1) name of the law enforcement agency that seized the property;
(2) date the property was seized;
(3) type of property seized, including year, make, model, and serial number, as applicable;
(4) location of the seizure: home; business; traffic stop including street name and traffic direction where the seizure occurred;
(5) estimated value of the seized property;
(6) criminal offense that led to the seizure;
(7) crime for which the suspect was charged;
(8) criminal case number;
(9) outcome of any related criminal action, to include whether any charges were brought or dropped, a plea bargain was reached, a conviction was obtained, or an acquittal was issued;
(10) if the forfeiture was not processed under state law, the reason for the federal transfer: adoption or joint task force;
(11) forfeiture case number;
(12) whether a claim or counterclaim was filed by a suspect, innocent property owner, or a joint or third-party owner;
(13) type of forfeiture procedure: criminal forfeiture, civil-administrative forfeiture, or civil-judicial forfeiture;
(14) whether the property owner was represented by an attorney in the forfeiture case;
(15) date of forfeiture decision; (16) total administrative and other expenses deducted as part of the forfeiture process;
(17) net amount received from the forfeiture;
(18) disposition of property following its seizure, to include whether the property was:
(a) fully returned to the owner;
(b) partially returned to owner;
(c) destroyed;
(d) sold after forfeiture; or
(e) retained after forfeiture by law enforcement; and
(19) date of forfeiture decision.
Section 23-3-1530. (A) The commission shall establish and maintain a searchable public website that includes:
(1) the total value of seized and forfeited property held by the agency at the end of the reporting period; and
(2) the total amount of funds expended, in each of the following nine categories, which resulted from property seized, forfeited, and reported in Section 23-3-1520:
(a) drug abuse, crime, and gang prevention programs;
(b) victim reparations;
(c) investigation costs, including witness protection, informant fees, and controlled buys;
(d) salaries, overtime, and benefits, as permitted by law;
(e) professional outside services, including auditing, court reporting, expert witness fees, outside attorney fees and membership fees paid to trade associations;
(f) travel, meals, entertainment, conferences, training, and continuing education;
(g) other operating expenses including office supplies, postage, and printing;
(h) capital expenditures including vehicles, firearms, equipment, computers, and furniture; and
(i) other expenditures of forfeiture proceeds.
(B) The commission may require that information not specified in this section also be reported. Section 23-3-1540. The law enforcement agency that seizes property and prosecutors that litigate related criminal cases and forfeiture proceedings shall update the commission's website with the information required under Section 23-3-1520 at the end of the month following each seizure of property. The commander of a multijurisdictional task force may appoint one agency to report its seizures. If an agency has made no seizures during the previous year, a null report shall be filed by the agency specifying that it did not engage in seizures or forfeitures during the reporting period.
Section 23-3-1550. The law enforcement agency that expends forfeiture-related proceeds shall update the commission's website with the information required under Section 23-3-1530 within thirty days after the end of the fiscal year. The commander of a multijurisdictional task force may appoint one agency to report its expenditures.
Section 23-3-1560. (A) The commission shall develop a standard form, webpage, process and deadlines for electronic data entry for submission of seizure data, forfeiture data and expenditures of proceeds by law enforcement agencies.
(B) The State Auditor shall perform annually a financial audit under the generally accepted auditing standards of records related to inventory of seized property and expenditures of forfeiture proceeds. A copy of the final audit report shall be submitted to the commission no later than ninety days after the end of the fiscal year and shall be made public.
(C) One hundred twenty days after the close of the fiscal year, the commission shall submit to the Speaker of the House of Representatives, President of the Senate, Attorney General, and Governor a written report summarizing activity in the State, for the preceding fiscal year, that includes the type, approximate value, and disposition of property seized and the amount of any proceeds received or expended at the State and local levels. The report shall provide a categorized accounting of all proceeds expended. The aggregate report also shall be made available on the commission's website.
(D) The commission shall include in its aggregate report recommendations to the General Assembly to improve forfeiture laws to better ensure that forfeiture proceedings are reported and handled in a manner that is fair to crime victims, innocent property owners, secured interest holders, citizens, and taxpayers.
(E) The commission shall include in its aggregate report information on law enforcement agencies that are not in compliance with this article.
(F) The commission may recoup its costs by charging a fee to law enforcement agencies that engage in seizures or forfeitures during the reporting period. Each law enforcement agency may use forfeiture proceeds to pay the cost of compiling and reporting data under this article, including any fee imposed by the commission. (G) The data and reports compiled and prepared under this article regarding completed forfeitures are public information pursuant to Chapter 4, Title 30.
(H) The commission may adopt rules that are necessary to implement this article."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this , and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor and is subject to funding by the General Assembly in the General Appropriations Act. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Rep. MAGNUSON moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bennett Burns Chumley B. Cox Daning Davis Felder Fry Gilliam Hardee Hill Hiott Kimmons Long Mace Magnuson Martin Morgan D. C. Moss G. R. Smith Stavrinakis Toole Trantham
Alexander Anderson Atkinson Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Calhoon Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Dillard Elliott Erickson Finlay Forrest Forrester Funderburk Gagnon Garvin Gilliard Hart Hayes Henderson-Myers Hewitt Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kirby Ligon Lowe Lucas Mack McCravy McDaniel McGinnis Moore V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith Sottile Tallon Thayer Thigpen Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Rep. McKNIGHT proposed the following Amendment No. 6 to
H. 3307 (Word version) (COUNCIL\AHB\3307C007.BH.AHB19), which was tabled:
Amend the bill, as and if amended, SECTION 1, by deleting Section 23-3-1510 and inserting:
/ Section 23-3-1510. This article is applicable to any provision that authorizes a law enforcement agency to seize property that is used in the commission of a criminal offense as provided by law. As of the effective date of this section, civil forfeiture of property is prohibited unless a person whose property is seized is charged by law enforcement with a criminal offense which carries a maximum penalty of one year or
more; /
Renumber sections to conform.
Amend title to conform.
Rep. CLARY moved to table the amendment, which was agreed to.
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 Anderson Atkinson Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dillard Elliott Erickson Finlay Fry Funderburk Gagnon Garvin Gilliard Hart Hayes Henderson-Myers Hewitt Hosey Howard Huggins Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McDaniel McGinnis Moore Morgan Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Simmons Simrill G. M. Smith Sottile Stavrinakis Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Allison Bailey Daning Davis Felder Forrest Forrester Gilliam Hardee Hiott Hixon Hyde McCravy D. C. Moss V. S. Moss Tallon Toole
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 4012 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTIONS 48-9-15 AND 48-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO DEFINITIONS APPLICABLE TO CHAPTER 9, TITLE 48, SO AS TO REDEFINE THE TERM "DIVISION", DEFINE THE TERM "BOARD", AND EXPAND THE DEFINITION OF "THE UNITED STATES"; TO AMEND SECTION 48-9-45, RELATING TO THE LAND, RESOURCES, AND CONSERVATION DISTRICTS DIVISION, SO AS TO UPDATE THE NAME OF THE DIVISION; TO AMEND SECTION 48-9-50, RELATING TO AGENCIES OPERATING PUBLIC LANDS, SO AS TO DELETE A REFERENCE TO CERTAIN LAND USE REGULATIONS; TO AMEND SECTION 48-9-220, RELATING TO GEOGRAPHIC AREAS FOR THE STATE LAND RESOURCES CONSERVATION COMMISSION, SO AS TO REFORMAT THE STATE LAND RESOURCES CONSERVATION COMMISSION INTO THE LAND, WATER, AND CONSERVATION DIVISION ADVISORY COMMITTEE; TO AMEND SECTION 48-9-310, RELATING TO ESTIMATES OF FINANCIAL NEEDS FOR SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO REMOVE UNNECESSARY STATUTORY REQUIREMENTS THAT ARE NOW ACCOMPLISHED THROUGH THE BUDGETING PROCESS; TO AMEND SECTION 48-9-1220, RELATING TO THE NOMINATION AND ELECTION OF COMMISSIONERS, SO AS TO UPDATE AN EXISTING REFERENCE TO REFLECT THE ROLE OF THE STATE ELECTION COMMISSION TO DETERMINE ELECTORS; TO AMEND SECTION 48-9-1250, RELATING TO THE USE OF COUNTY AGRICULTURAL AGENTS, SO AS TO REMOVE REFERENCES TO DISCONTINUED PRACTICES; TO AMEND SECTION 48-11-10, RELATING TO DEFINITIONS APPLICABLE TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ALTER THE DEFINITION OF THE TERM "DIVISION"; TO REPEAL SECTION 48-9-40 RELATING TO THE RENAMING OF THE STATE LAND RESOURCES CONSERVATION COMMISSION; TO REPEAL SECTION 48-9-230 RELATING TO ADVISORS TO THE LAND RESOURCES AND CONSERVATION DISTRICTS DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES; TO REPEAL ARTICLE 13 OF CHAPTER 9, TITLE 48 RELATING TO LAND USE REGULATIONS; AND TO REPEAL ARTICLE 15 OF CHAPTER 9, TITLE 48 RELATING TO THE BOARD OF ADJUSTMENT FOR A NEWLY ORGANIZED SOIL AND WATER CONSERVATION DISTRICT.
Rep. HIXON 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 Brawley Brown Burns Calhoon Caskey Chumley 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 Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I support H. 4012 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Natural Resources.
The following Bill was taken up:
H. 4013 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTION 48-22-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE STATE GEOLOGICAL SURVEY UNIT, SO AS TO CHANGE CERTAIN REQUIREMENTS FOR THE STATE GEOLOGIST; TO AMEND SECTION 48-22-30, RELATING TO THE POWERS AND DUTIES OF THE STATE GEOLOGIST, SO AS TO REQUIRE THAT THE STATE GEOLOGIST BECOME FAMILIAR WITH GEOLOGIC HAZARDS THROUGHOUT THE STATE; AND TO AMEND SECTION 48-22-40, RELATING TO THE DUTIES OF THE STATE GEOLOGICAL SURVEY UNIT, SO AS TO ESTABLISH NEW DUTIES FOR THE UNIT AND REMOVE CERTAIN MAPPING DUTIES.
Rep. HIXON 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 Bernstein Blackwell Bradley Brawley Brown Burns Calhoon 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 Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I support H. 4013 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Natural Resources.
Rep. Wm. Weston Newton
On motion of Rep. HIXON, with unanimous consent, it was ordered that H. 4013 (Word version) be read the third time tomorrow.
The following Bill was taken up: H. 4014 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTION 10-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEASE OF DEVELOPMENT RIGHTS TO GEOTHERMAL RESOURCES, SO AS TO DESIGNATE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS THE DESIGNATED AGENT IN SELECTING LANDS.
Rep. HIXON 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 Bernstein Blackwell Bradley Brawley Brown Burns 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 Hardee Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Calhoon Toole
So, the Bill was read the second time and ordered to third reading.
I support H. 4014 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Natural Resources.
Rep. Wm. Weston Newton
On motion of Rep. HIXON, with unanimous consent, it was ordered that H. 4014 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4015 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING CHAPTER 11 OF TITLE 13 RELATING TO THE NEW HORIZONS DEVELOPMENT AUTHORITY.
Rep. HIXON 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 Bernstein Blackwell Brawley Brown Burns Calhoon Caskey Chumley Clary 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 Hardee Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lucas Mace Mack Magnuson Martin McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. HIXON, with unanimous consent, it was ordered that H. 4015 (Word version) be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. G. M. SMITH explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I support S. 214 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Revenue.
Rep. Wm. Weston Newton
On motion of Rep. G. M. SMITH, with unanimous consent, it was ordered that S. 214 (Word version) be read the third time tomorrow.
The SPEAKER PRO TEMPORE granted Rep. MCGINNIS a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4127 (Word version) -- Reps. Ballentine and Cobb-Hunter: A BILL TO AMEND SECTION 43-21-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT ON AGING'S PHYSICIAN STUDENT LOAN REPAYMENT PROGRAM, SO AS TO CHANGE THE PROGRAM'S ELIGIBILITY REQUIREMENTS.
Rep. LOWE proposed the following Amendment No. 1 to H. 4127 (Word version) (COUNCIL\VR\4127C001.CC.VR19), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 43-21-200 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) The department shall not accept physicians into the State Loan Repayment Program established pursuant to this section after December 31, 2024." /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER 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:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon 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 Hardee Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mack Martin McCravy McDaniel Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Mace Magnuson White
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BALLENTINE, with unanimous consent, it was ordered that H. 4127 (Word version) be read the third time tomorrow.
Rep. SOTTILE moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted:
H. 4008 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING ARTICLE 3 OF CHAPTER 17, TITLE 51 RELATING TO THE HERITAGE TRUST REVENUE BONDS.
Rep. SOTTILE moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted:
H. 4010 (Word version) -- Reps. Hixon, Tallon, Johnson and R. Williams: A BILL TO AMEND SECTION 51-17-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM ACREAGE THAT MAY BE ACQUIRED UNDER THE HERITAGE TRUST PROGRAM, SO AS TO REMOVE THE MAXIMUM ACREAGE LIMITATION.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted:
H. 3457 (Word version) -- Reps. Kirby, Wheeler, Jordan and Weeks: A BILL TO AMEND SECTION 6-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MILLAGE RATE INCREASE LIMITATIONS, SO AS TO ALLOW A MUNICIPALITY WITHOUT AN OPERATING MILLAGE ON JANUARY 1, 2019, OR A MUNICIPALITY THAT INCORPORATES AFTER JANUARY 1, 2019, TO IMPOSE AN OPERATING MILLAGE AND TO IMPOSE LIMITATIONS.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted: H. 3205 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-16-150 SO AS TO PROVIDE THAT THE TRIBE IS NOT REQUIRED TO PAY ANY FEE IN LIEU OF SCHOOL TAXES BEGINNING WITH SCHOOL YEARS AFTER 2007-2008; AND TO AMEND SECTION 27-16-130, RELATING TO THE TAXATION OF THE TRIBE, SO AS TO DELETE A CONTRARY PROVISION.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted:
H. 3596 (Word version) -- Reps. Long, Erickson, Clemmons, Bales, Fry, Loftis, Burns, Hewitt, Bannister, Forrester, Herbkersman, Huggins, Lowe, D. C. Moss, B. Newton, W. Newton, Pope, Robinson, Sandifer, Simrill, G. M. Smith, G. R. Smith, Tallon, Toole, Trantham, Johnson, V. S. Moss, Stringer, Willis, Bailey, Elliott, B. Cox, Magnuson, Clary, Hixon, Martin, Davis, Mace, Kimmons, Bennett, Bradley, Jordan, Finlay, Gagnon, McDaniel, Daning, Allison, Collins, McCoy, Atkinson, Hayes, Kirby, Wooten, Ballentine, Caskey, McCravy, Gilliam, Hill, Chellis, Crawford, Taylor, Young, Weeks, Yow, Whitmire, Hosey and Clyburn: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.
The following Bill was taken up: H. 3778 (Word version) -- Reps. Lucas, G. M. Smith, Sandifer, Simrill, Murphy, Weeks, Pope, McCoy, Hayes, Clary, Stringer, Bannister, Elliott, B. Cox, Morgan, W. Cox, Stavrinakis, Cobb-Hunter and Fry: A BILL TO AMEND SECTION 12-6-3375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX CREDIT FOR A PORT CARGO VOLUME INCREASE, SO AS TO INCREASE THE MAXIMUM AMOUNT OF THE AVAILABLE TAX CREDITS FOR PORT CARGO VOLUME INCREASES, AND TO PROVIDE FOR A PORT TRANSPORTATION CREDIT FOR THE COSTS OF TRANSPORTING FREIGHT, GOODS, AND MATERIALS FROM QUALIFYING FACILITIES LOCATED IN CERTAIN COUNTIES IN SOUTH CAROLINA TO A SOUTH CAROLINA PORT FACILITY; AND BY ADDING SECTION 12-36-2140 SO AS TO PROVIDE THAT A PORT FACILITY IS A DISTRIBUTION FACILITY FOR PURPOSES OF CERTAIN SALES TAX EXEMPTIONS.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3778 (Word version) (COUNCIL\SA\3778C001.RT.SA19), which was adopted:
Amend the bill, as and if amended, beginning on page 1, by striking line 28 through line 11 on page 2, and inserting:
/ SECTION 1. Section 12-6-3375(A) and (D) of the 1976 Code is amended to read:
"(A)(1) A taxpayer engaged in any of the following: manufacturing, warehousing, freight forwarding, freight handling, goods processing, cross docking, transloading, wholesaling of goods, or distribution, exported or imported through port facilities in South Carolina and which increases its port cargo volume at these facilities by a minimum of five percent in a single calendar year over its base year port cargo volume is eligible to claim an income tax credit or a credit against employee withholding in the amount determined by the Coordinating Council for Economic Development (council).
(2) The maximum amount of tax credits allowed to all qualifying taxpayers pursuant to this section may not exceed eight fifteen million dollars for each calendar year. The credits may be claimed against the taxes imposed pursuant to Sections 12-6-530 and 12-6-545 and against employee withholdings. The council has sole discretion in allocating the credits provided by this section and must consider the following factors:
(a) the amount of base year port cargo volume;
(b) the total and percentage increase in port cargo volume; and
(c) factors related to the economic benefit of the State or other factors.
(D) The council annually may award up to one million dollars of the eight fifteen million dollars of credits against employee withholdings that are not otherwise refundable pursuant to this title to a new warehouse or distribution facility which commits to expending at least forty million dollars at a single site and creating one hundred new full-time jobs, and the base year cargo shall may not be less than five thousand TEUs or its non-containerized equivalent. The council may make the award in the year the facility is announced provided that it may not tender the certificate until it has received satisfactory proof that the capital investment and job creation requirements have, or will be, satisfied. Any credit certificate expires three years after issuance if satisfactory proof has not been received. If the credit exceeds the taxpayer's withholding tax liability for the taxable quarter that is not otherwise refundable pursuant to this title, the excess amount may be carried forward and claimed against withholding liability that is not otherwise refundable pursuant to this title in the next twenty succeeding taxable quarters."
SECTION 2. Section 12-6-3375 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) A taxpayer engaged in any of the businesses identified in subsection (A)(1) at a facility located in the counties of Allendale, Bamberg, Barnwell, Beaufort, Colleton, Hampton, Jasper, or Orangeburg is eligible to claim a port transportation credit in the form of an income tax credit or a credit against employee withholding for its transportation costs in an amount determined by the council in its sole discretion. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
The amendment was then adopted.
Rep. Clemmons proposed the following Amendment No. 2 to H. 3778 (Word version) (COUNCIL\SA\3778C004.RT.SA19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Section 12-6-3375 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) A taxpayer engaged in any of the businesses identified in subsection (A)(1) at a facility located in this State is eligible to claim a port transportation credit or a port volume cargo credit in the form of an income tax credit or a credit against employee withholding in an amount determined by the council in its sole discretion, except that the port transportation credit must be based on the taxpayer's transportation costs. A taxpayer may not claim both the port transporation credit and the port volume cargo credit in the same tax year.
(2) For purposes of this subsection, 'transportation costs' means the costs of transporting freight, goods, and materials to and from port facilities in South Carolina. (3) The maximum amount of port transportation credits allowed to all qualifying taxpayers pursuant to this subsection is limited to the following amounts of the fifteen million dollars of credits available under this section:
(a) one million dollars for the calendar year ending December 31, 2019;
(b) two million dollars for the calendar year ending December 31, 2020; and
(c) three million dollars for all calendar years after December 31, 2020, until the port transportation credit expires pursuant to item (6).
(4)(a) If the allocable port transportation credit exceeds the taxpayer's income tax liability for the taxable year, the excess amount may be carried forward and claimed against income taxes in the next five succeeding taxable years.
(b) If the allocable port transportation credit exceeds the taxpayer's withholding tax liability for the taxable quarter that is not otherwise refundable pursuant to this title, the excess amount may be carried forward and claimed against withholding liability that is not otherwise refundable pursuant to this title in the next twenty succeeding taxable quarters.
(5)(a) The port transportation credit is allowable to a qualifying taxpayer without regard to whether the taxpayer qualifies for any of the other credits available under this section. A qualifying taxpayer seeking to claim the port transportation credit must submit an application to the council after the calendar year in which the taxpayer seeks to claim the port transportation credit. The application must be made on a form to be prescribed by the council.
(b) To receive the credit the taxpayer shall claim the credit on its income tax or withholding return in a manner prescribed by the department. The department may require a copy of the certification form issued by the council be attached to the return or otherwise provided.
(6) A taxpayer may not claim the port transportation credit in any tax year after the tax year in which a port in Jasper County is opened and is accepting shipments." /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS 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 Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey 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 Hart Hayes Henderson-Myers Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lucas Mace Mack Magnuson Martin McCravy McDaniel Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Rose Simmons Simrill G. M. Smith Sottile Stavrinakis Tallon Thayer Thigpen Toole Trantham Weeks 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.
I was out of the Chamber on a constituent call during the vote on H. 3778 (Word version). I would have voted in favor of the Bill.
Rep. Brian White
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 3778 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3998 (Word version) -- Reps. Bannister, Bernstein, Crawford, Pendarvis, Garvin, Herbkersman, Hosey, Alexander, Bales, Stavrinakis, Cogswell, Whitmire, Norrell, Cobb-Hunter, Dillard, Elliott, Moore, Mack, Rutherford, Govan, Bennett, Clemmons, Funderburk, Hayes, McDaniel, Ridgeway, G. M. Smith, G. R. Smith, Sottile, Weeks, Wheeler, S. Williams, Davis, Rivers, Brown, Jefferson, R. Williams and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "'WORKFORCE AND SENIOR AFFORDABLE HOUSING ACT" BY ADDING SECTION 12-6-3795 SO AS TO ALLOW A TAXPAYER ELIGIBLE FOR A FEDERAL LOW-INCOME HOUSING TAX CREDIT TO CLAIM A LOW-INCOME STATE TAX CREDIT.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3998 (Word version) (COUNCIL\SA\3998C002.RT.SA19):
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:
/ SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3795. (A) As used in this section: (1) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.
(2) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size.
(3) 'Project' means a housing project that has restricted rents that do not exceed thirty percent of median income for at least forty percent of its units occupied by persons or families having incomes of sixty percent or less of the median income, or at least twenty percent of the units occupied by persons or families having incomes of fifty percent or less of the median income.
(4) 'Qualified project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in South Carolina.
(5) 'Taxpayer' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity that is subject to South Carolina taxes pursuant to Section 12-6-510, Section 12-6-530, Chapter 11, Title 12, or Chapter 7, Title 38.
(B)(1) A state tax credit pursuant to this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, bank taxes imposed pursuant to Chapter 11, Title 12, corporate license fees imposed pursuant to Chapter 20, Title 12, and insurance premium and retaliatory taxes imposed pursuant to Chapter 7, Title 38, to be termed the South Carolina housing tax credit, and is allowed with respect to each qualified project placed in service after January 1, 2020, in an amount equal to the federal housing tax credit allowed with respect to such qualified project. In computing a tax payable by a taxpayer pursuant to Section 38-7-90, the credit allowed pursuant to this section must be treated as a premium tax paid pursuant to Section 38-7-20.
(2)(a) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured, the taxpayer claiming any state tax credit with respect to such project is also required to recapture a portion of any state tax credit authorized by this section. The state recapture amount is equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture. (b) In the event that recapture of any South Carolina housing tax credit is required, any amended return submitted to the department, as provided in this section, shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer.
(3) The total amount of the tax credit allowed by section for a taxable year may not exceed the taxpayer's income tax liability. Any unused tax credit may be carried forward to apply to the taxpayer's next five succeeding years' tax liability. The taxpayer may not apply the credit against any prior tax years' tax liability.
(4) The tax credit allowed by this section, and any recaptured tax credit, must be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, regardless of whether such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project.
(C) The department, in consultation with the South Carolina State Housing Finance and Development Authority, may adopt rules and policies necessary to implement and administer the provisions of this section."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval of the Governor and applies to taxable years beginning after 2019. /
Renumber sections to conform.
Amend title to conform.
Rep. CLEMMONS explained the amendment.
Reps. HILL, MAGNUSON, TRANTHAM, KIMMONS, MACE, TOOLE, CALHOON, BALLENTINE, CASKEY, CLEMMONS, HUGGINS, BANNISTER, FINLAY, DILLARD, ROBINSON, G. R. SMITH, STAVRINAKIS, FORREST, BRADLEY and CRAWFORD requested debate on the Bill.
The following Bill was taken up:
H. 4133 (Word version) -- Reps. Weeks, G. M. Smith, Clyburn, Stavrinakis, Gilliard, Bales, Hosey, Henderson-Myers, R. Williams, Rutherford, Alexander and Forrest: A BILL TO AMEND SECTION 12-6-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS, SO AS TO ALLOW A TAX CREDIT OF FIFTY PERCENT OF ANY CASH DONATION TO A COMMUNITY DEVELOPMENT CORPORATION OR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO DELETE AN AGGREGATE CREDIT PROVISION AND SET AN ANNUAL LIMIT, TO ESTABLISH TAX CREDIT RESERVE ACCOUNTS FOR THE FIRST THREE QUARTERS OF EACH TAX YEAR SO AS TO AVOID THE DEPLETION OF CREDITS BY AN INDIVIDUAL TAXPAYER, TO DELETE THE PRO-RATA DISTRIBUTION OF TAX CREDITS, TO ALLOW FINANCIAL INSTITUTIONS WITH TAX LIABILITIES IN THIS STATE TO INVEST IN COMMUNITY DEVELOPMENT CORPORATIONS FOR THE PURPOSE OF RECEIVING A TAX CREDIT, AND TO PROVIDE THAT RETURNS ON INVESTMENTS IN CERTIFIED COMMUNITY DEVELOPMENT CORPORATIONS AND CERTIFIED COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS MAY NOT EXCEED THE TOTAL AMOUNT OF THE INITIAL INVESTMENT; AND TO AMEND SECTION 4 OF ACT 314 OF 2000, AS AMENDED, RELATING TO COMMUNITY DEVELOPMENT CORPORATIONS AND FINANCIAL INSTITUTIONS, SO AS TO EXTEND THE PROVISIONS OF THE SOUTH CAROLINA COMMUNITY ECONOMIC DEVELOPMENT ACT UNTIL JUNE 30, 2023.
Rep. CLEMMONS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Caskey 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 Hart Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kirby Ligon Long Lucas Mack Martin McCravy McDaniel Moore Morgan B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Rose Simmons Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Tallon Thayer Thigpen Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Kimmons Mace Magnuson Toole Trantham
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. CLEMMONS, with unanimous consent, it was ordered that H. 4133 (Word version) be read the third time tomorrow.
Rep. G. M. SMITH moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4396 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO HONOR GASPER LOREN TOOLE III OF AIKEN COUNTY UPON THE OCCASION OF HIS RETIREMENT FROM THE BOARD OF DIRECTORS OF SECURITY FEDERAL BANK, TO OFFER GRATITUDE FOR HIS MANY SIGNIFICANT CONTRIBUTIONS TO AIKEN COUNTY AND THE PALMETTO STATE, AND TO WISH HIM MANY YEARS OF HAPPINESS AND FULFILLMENT.
At 12:59 p.m. the House, in accordance with the motion of Rep. GILLIARD, adjourned in memory of Dr. Martin Luther King, Jr., to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, April 4, 2019 at 4:09 P.M.