NO. 54
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Galatians 5:22-23: "The fruit of the Spirit is love, joy, peace, patience, kindness, generosity, faithfulness, gentleness, and self control."
Let us pray. Guide us, O Spirit, and help us to produce Your fruit in our life. The eyes of all wait upon You and You open Your hand in blessing. Fill us with good things, that we may come to the help of all in need. Bless our defenders of freedom and first responders as they care for and protect us. We remember in prayer our Nation, President, State, Governor, Speaker, staff, and all who give of their time and talents to this Assembly. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. STAVRINAKIS moved that when the House adjourns, it adjourn in memory of former United States Senator Ernest F. "Fritz" Hollings, which was agreed to.
The House stood in silent prayer for the family and friends of former United States Senator Ernest F. "Fritz" Hollings.
The following was introduced:
H. 4420 (Word version) -- Reps. West, 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, 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, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ELIZABETH ANN THOMASON BRICE, COFOUNDER AND DIRECTOR OF CAMP JOY, UPON THE OCCASION OF HER RETIREMENT AFTER FORTY YEARS OF OUTSTANDING SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced: H. 4421 (Word version) -- Reps. Thayer, 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, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE NEW COVENANT SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2019 SOUTH CAROLINA ASSOCIATION OF CHRISTIAN SCHOOLS CLASS 1A STATE TOURNAMENT TITLE.
The Resolution was adopted.
The following was introduced:
H. 4422 (Word version) -- Reps. Lucas, Kirby and Rose: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO DARLA MOORE AND PETER BREWS AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED UPON THE CENTENNIAL ANNIVERSARY OF THE INITIAL STATE FUNDING THAT LAUNCHED THE DARLA MOORE SCHOOL OF BUSINESS'S SCHOOL OF COMMERCE.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon 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 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
The SPEAKER granted Rep. MCDANIEL a leave of absence for the day.
The SPEAKER granted Rep. YOW a leave of absence for the day.
Announcement was made that Dr. Jennifer Roxane Root of West Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3020 (Word version)
Date: ADD:
04/09/19 STRINGER
Bill Number: H. 3036 (Word version)
Date: ADD:
04/09/19 HENEGAN
Bill Number: H. 3080 (Word version)
Date: ADD:
04/09/19 RIVERS
Bill Number: H. 3087 (Word version)
Date: ADD:
04/09/19 RIVERS
Bill Number: H. 3125 (Word version)
Date: ADD:
04/09/19 BANNISTER
Bill Number: H. 3319 (Word version)
Date: ADD:
04/09/19 HENDERSON-MYERS and GILLIARD
Bill Number: H. 3596 (Word version)
Date: ADD:
04/09/19 MOORE, HENDERSON-MYERS, GOVAN and BROWN
Bill Number: H. 3728 (Word version)
Date: ADD:
04/09/19 GOVAN and B. NEWTON
Bill Number: H. 3730 (Word version)
Date: ADD:
04/09/19 B. NEWTON and W. NEWTON
Bill Number: H. 3915 (Word version)
Date: ADD:
04/09/19 HENEGAN, NORRELL and ERICKSON
Bill Number: H. 3967 (Word version)
Date: ADD:
04/09/19 HILL and MOORE
Bill Number: H. 3998 (Word version)
Date: ADD:
04/09/19 SIMMONS and GILLIARD
Bill Number: H. 3999 (Word version)
Date: ADD:
04/09/19 MACE
Bill Number: H. 4004 (Word version)
Date: ADD:
04/09/19 MOORE
Bill Number: H. 4017 (Word version)
Date: ADD:
04/09/19 STAVRINAKIS and GAGNON
Bill Number: H. 4020 (Word version)
Date: ADD:
04/09/19 ERICKSON and BRADLEY
Bill Number: H. 4044 (Word version)
Date: ADD:
04/09/19 G. M. SMITH
Bill Number: H. 4046 (Word version)
Date: ADD:
04/09/19 G. M. SMITH
Bill Number: H. 4047 (Word version)
Date: ADD:
04/09/19 G. M. SMITH
Bill Number: H. 4150 (Word version)
Date: ADD:
04/09/19 ATKINSON
Bill Number: H. 4152 (Word version)
Date: ADD:
04/09/19 JEFFERSON, R. WILLIAMS, CLYBURN, COBB-HUNTER and HENEGAN
Bill Number: H. 4332 (Word version)
Date: ADD:
04/09/19 STAVRINAKIS
Bill Number: H. 4413 (Word version)
Date: ADD:
04/09/19 STAVRINAKIS
Bill Number: H. 3758 (Word version)
Date: REMOVE:
04/09/19 W. NEWTON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
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. 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.
The following Bill was taken up:
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 explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Caskey Chellis Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pope Ridgeway Robinson Rose Sandifer Simmons Simrill Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham West Whitmire R. Williams S. Williams Willis Wooten Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4008 (Word version). If I had been present, I would have voted in favor the Bill.
Rep. Jason Elliott
I support H. 4008 (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
The following Bill was taken up:
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. SOTTILE explained the Bill.
The yeas and nays were taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chellis Chumley Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Mace Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pope Ridgeway Robinson Sandifer Simmons Simrill G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler Whitmire R. Williams S. Williams Willis Wooten Young
So, the Bill was read the second time and ordered to third reading.
I support H. 4010 (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
The following Bill was taken up:
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.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3457 (Word version) (COUNCIL\DG\3457C001.NBD.DG19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 6-1-320(A) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"(3)(a) A municipality without an operating millage on January 1, 2019, or a municipality that incorporates after January 1, 2019, may impose an operating millage sufficient to generate one-third of the municipality's general fund expenses in the previous fiscal year. (b) Notwithstanding subitem (a), a municipality without an operating millage on January 1, 2019, that previously imposed an operating millage but repealed the millage, may re-impose an operating millage up to an amount equal to its last millage plus the cumulative amount of the increases that would have been allowed pursuant to item (1) since 2007 or since the millage was repealed, whichever is more recent. In calculating the millage amount for reimposition, appropriate amounts must be adjusted to account for rollback millage pursuant to Section 12-37-251(E). For purposes of item (2), a municipality that re-imposes millage pursuant to this subitem is deemed to have imposed the maximum millage for the years prior to the reimposition.
(c) After the operating millage is imposed pursuant to this item, the millage is subject to the limitations on increases set forth in item (1)."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BALLENTINE explained the amendment.
Reps. HILL and TOOLE requested debate on the Bill.
The amendment was then adopted.
Rep. FINLAY proposed the following Amendment No. 2 to H. 3457 (Word version) (COUNCIL\DG\3457C003.NBD.DG19):
Amend the bill, as and if amended, SECTION 1, Section 6-1-320(A)(3), by adding a subitem at the end to read:
/ (d) If a municipality imposes operating millage pursuant to this item on property subject to the six percent assessment ratio pursuant to Section 12-43-220(e) and fifty percent of the assessed value of that municipality consists of such property assessed at six percent, then the owner of such property may claim an income tax refund equal to one-third of the amount of tax paid attributable to the municipal operating millage. The credit may be claimed in the year in which the tax is paid. Before the beginning of the upcoming fiscal year, the Department of Revenue shall report to the State Treasurer the amount of income tax credits claimed pursuant to this item from the immediately preceding property tax year and the municipal operating millage that created the credit. The State Treasurer must then withhold the municipality's distribution from the Local Government Fund in the same amount as the applicable credits claimed. /
Renumber sections to conform.
Amend title to conform.
Rep. FINLAY explained the amendment.
Rep. KIRBY spoke against the amendment.
Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
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. BALLENTINE explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Chellis Chumley Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Kimmons King Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham West White Whitmire S. Williams Willis Wooten Young
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The SPEAKER granted Rep. HEWITT a leave of absence for the remainder of the day.
The following Bill was taken up: 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, Clyburn, Brown, Govan, Moore and Henderson-Myers: 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.
Rep. OTT proposed the following Amendment No. 1 to H. 3596 (Word version) (COUNCIL\DG\3596C003.NBD.DG19):
Amend the bill, as and if amended, by Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-43-220(d)(4) of the 1976 Code is amended to read:
"(4) Except as provided pursuant to Section 12-43-222, when real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back rollback taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder pursuant to this item and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided in this item. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back rollback taxes for each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder pursuant to this item. In determining the amounts of the roll-back rollback taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back rollback tax years involved shall ascertain:
(A) the fair market value without consideration of the standing timber of such real property under the valuation standard applicable to other real property in the same classification;
(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article; (C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;
(D) the amount of the roll-back rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year."
SECTION 2. This act takes effect January 1, 2021, and applies for agricultural real property changed to another use after 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. BALLENTINE moved that the House recur to the morning hour, which was agreed to.
Rep. G. M. SMITH moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER PRO TEMPORE granted Rep. ANDERSON a leave of absence for the remainder of the day.
The following was received:
Columbia, S.C., April 4, 2019
Mr. Speaker and Members of the House of Representatives:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is, therefore, submitted for your consideration.
LOCAL APPOINTMENT:
Sumter County Master-in-Equity
Term Commencing: December 31, 2016
Term Expiring: December 31, 2022
Vice: Howard P. King
Mr. Michael McKinney Jordan
2292 Gingko Drive
Sumter, South Carolina 29150
Yours very truly,
Henry McMaster
Governor
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., April 9, 2019
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
LOCAL APPOINTMENT:
Sumter County Master-in-Equity
Term Commencing: December 31, 2016
Term Expiring: December 31, 2022
Vice: Howard P. King
Mr. Michael McKinney Jordan
2292 Gingko Drive
Sumter, South Carolina 29150
Very respectfully,
President of the Senate
Received as information.
Rep. G. M. SMITH, from the Committee on Ways and Means, submitted a favorable report on:
H. 4332 (Word version) -- Reps. G. M. Smith and Stavrinakis: A BILL TO AMEND SECTIONS 11-41-20, 11-41-30, AND 11-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO PROVIDE FURTHER FINDINGS, TO PROVIDE FOR STRATEGIC INFRASTRUCTURE PROJECTS AS ECONOMIC DEVELOPMENT PROJECTS, AND TO ALLOW FOR FREIGHT TRANSPORTATION AS INFRASTRUCTURE.
Ordered for consideration tomorrow.
Rep. G. M. SMITH, from the Committee on Ways and Means, submitted a favorable report on:
H. 4413 (Word version) -- Reps. G. M. Smith, Lucas, Simrill, Rutherford and Stavrinakis: 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.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4326 (Word version) -- Reps. Lucas and R. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CASHUA FERRY ROAD IN DARLINGTON COUNTY FROM WILSON CLINIC TO ITS INTERSECTION WITH COGGESHALL ROAD "JAMES 'JIMMY' MCKELVEY MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 515 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION PLACE APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF BLUFF ROAD AND FRAZIER STREET IN RICHLAND COUNTY CONTAINING THE WORDS "IN MEMORY OF MRS. ROXANA FRAZIER COMMUNITY ORGANIZER (1898-1978)".
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 466 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF BLUFF ROAD AND LOWER RICHLAND BOULEVARD IN RICHLAND COUNTY "HATTIE N. FRUSTER MEMORIAL INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 681 (Word version) -- Senator Johnson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE-95 NORTHBOUND FROM EXIT 102 TO EXIT 115 "RANDOLPH GARRETT, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Ordered for consideration tomorrow.
Rep. HUGGINS, from the Committee on Regulations and Administrative Procedures, submitted a favorable report with amendments on:
H. 4335 (Word version) -- Reps. Bradley, Alexander, Burns, Hyde, Kirby, Long, McGinnis, Rose, Erickson, Taylor, Bennett, Hewitt, Daning and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-135 SO AS TO ESTABLISH THAT A REGULATION PROMULGATED UNDER THE ADMINISTRATIVE PROCEDURES ACT EXPIRES FIVE YEARS AFTER JULY 1, 2020, OR THE EFFECTIVE DATE OF THIS ACT, WHICHEVER IS LATER.
Ordered for consideration tomorrow.
The following was introduced: H. 4423 (Word version) -- Reps. Clary, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, 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, 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 RECOGNIZE AND HONOR DR. STEVEN GROSBY, PROFESSOR OF RELIGION AT CLEMSON UNIVERSITY, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY-TWO YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4424 (Word version) -- Reps. 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, 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 ANNIE MAE SHAW, A NATIVE OF CLARENDON 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 following was introduced:
H. 4425 (Word version) -- Reps. Magnuson, 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, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR RESCUE SQUAD 11 OF LANDRUM FOR A HALF CENTURY OF OUTSTANDING SERVICE TO THE CITIZENS OF LANDRUM AND TO CONGRATULATE THE MEMBERS OF THE SQUAD FOR BEING NAMED THE 2018 EMS SYSTEM OF THE YEAR.
The Resolution was adopted.
The following was introduced: H. 4426 (Word version) -- Reps. Govan, Ott, 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, 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, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR REVEREND DR. LOUIS C. WILLIAMS, SR., PASTOR OF ANTIOCH BAPTIST CHURCH IN SAINT MATTHEWS, AND TO CONGRATULATE HIM UPON HIS INSTALLATION AS THE CHURCH'S PASTOR.
The Resolution was adopted.
The following was introduced:
H. 4427 (Word version) -- Reps. Gilliard, 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, 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 RECOGNIZE AND HONOR ARTHUR LAWRENCE OF CHARLESTON FOR HIS DEDICATED COMMUNITY SERVICE TO THE PEOPLE OF THAT FAIR CITY AND FOR HIS MANY YEARS OF COMMITTED SERVICE TO OUR COUNTRY AND TO
WISH HIM MUCH CONTINUED SUCCESS AND FULFILLMENT IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4428 (Word version) -- Rep. Brawley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 48 IN RICHLAND COUNTY FROM ITS INTERSECTION WITH AVALON STREET TO ITS INTERSECTION WITH PINEVIEW ROAD "REVEREND JAMES JEFFCOAT MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4429 (Word version) -- Rep. King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-30-135 SO AS TO ESTABLISH CERTAIN REQUIREMENTS FOR A HOMEOWNERS ASSOCIATION REGARDING THE ANNUAL OPERATING BUDGET, THE ASSOCIATION'S OPERATING EXPENSES, THE ALLOCATION OF FUNDS COLLECTED AS FINES BY THE ASSOCIATION'S BOARD, AND THE SUBMISSION OF THE ANNUAL OPERATING BUDGET TO THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Labor, Commerce and Industry
H. 4430 (Word version) -- Reps. Magnuson, Long and Chumley: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION AND TERMS OF COMMISSIONERS OF PUBLIC WORKS IN MUNICIPALITIES, SO AS TO REQUIRE A MUNICIPALITY TO PROVIDE FOR UP TO FOUR ADDITIONAL PUBLIC WORKS COMMISSIONERS, STAGGERED TERMS FOR ADDITIONAL COMMISSIONERS, AND REPRESENTATION OF SERVICE AREAS OUTSIDE THE MUNICIPALITY, AND TO DELETE THE REQUIREMENT THAT THE PROVISIONS OF THE SECTION APPLY ONLY TO COMMISSIONS OF PUBLIC WORKS FOUNDED AFTER 1920.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Atkinson, Daning and Forrest: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.
Referred to Committee on Labor, Commerce and Industry
S. 735 (Word version) -- Senator Johnson: A BILL TO ABOLISH THE CLARENDON COUNTY BOARD OF EDUCATION, TO PROVIDE THAT THE CLARENDON COUNTY LEGISLATIVE DELEGATION MAKES FOUR APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY AND NINE APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 2 IN CLARENDON COUNTY.
Referred to Clarendon Delegation
The following Bill was taken up:
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. KIRBY moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
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, Clyburn, Brown, Govan, Moore and Henderson-Myers: 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.
Rep. OTT proposed the following Amendment No. 1 to H. 3596 (Word version) (COUNCIL\DG\3596C003.NBD.DG19):
Amend the bill, as and if amended, by Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-43-220(d)(4) of the 1976 Code is amended to read:
"(4) Except as provided pursuant to Section 12-43-222, when real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back rollback taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder pursuant to this item and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided in this item. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back rollback taxes for each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder pursuant to this item. In determining the amounts of the roll-back rollback taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back rollback tax years involved shall ascertain:
(A) the fair market value without consideration of the standing timber of such real property under the valuation standard applicable to other real property in the same classification;
(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;
(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;
(D) the amount of the roll-back rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year."
SECTION 2. This act takes effect January 1, 2021, and applies for agricultural real property changed to another use after 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. BALLENTINE spoke against the amendment.
Reps. STAVRINAKIS, NORRELL, MACK, OTT, HART, KIRBY, BALLENTINE, R. WILLIAMS, JEFFERSON, LOWE, WHEELER, KING, S. WILLIAMS, BRAWLEY, COBB-HUNTER, TAYLOR, HOSEY, CLARY and HIXON requested debate on the Bill.
The following Bill was taken up:
H. 3210 (Word version) -- Reps. Loftis, Clyburn, Collins, Burns, Clary, W. Cox, Morgan, Hyde, Stringer, Elliott, B. Cox, Gagnon, Caskey, Bannister, Willis, Sottile, Stavrinakis, Daning, Blackwell, Taylor, Forrester, Fry, West, Finlay, Simrill, V. S. Moss, Bryant, Bales, D. C. Moss, Erickson, Herbkersman, Whitmire and Weeks: A BILL TO AMEND ACT 80 OF 2013, RELATING TO THE HIGH GROWTH SMALL BUSINESS JOB CREATION ACT, SO AS TO REAUTHORIZE THE ACT FOR AN ADDITIONAL SIX YEARS.
Rep. BANNISTER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Martin McCoy McCravy McGinnis McKnight 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 Spires Stavrinakis Stringer Taylor Thayer Thigpen Toole Trantham Wheeler Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Mace Magnuson
So, the Bill was read the second time and ordered to third reading.
I was out of the Chamber during the vote on H. 3210 (Word version). If I had been present, I would have voted in favor of the Bill.
The following Bill was taken up:
H. 4211 (Word version) -- Reps. Stavrinakis, Simrill, Bernstein, Finlay, Bales and Weeks: A BILL TO AMEND SECTION 41-43-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BONDS FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE FOR CERTAIN NOTICE REQUIREMENTS BEFORE THE BONDS MAY BE ISSUED.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 4211 (Word version) (COUNCIL\DG\4211C001.NBD.DG19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 41-43-100 of the 1976 Code is amended to read:
"Section 41-43-100. In addition to other powers vested in the authority by existing laws, the authority has all powers granted the counties and municipalities of this State pursuant to the provisions of Chapter 29, Title 4, including the issuance of bonds by the authority and the refunding of bonds issued under that chapter. The authority may issue bonds upon receipt of a certified resolution by the county or municipality in which the project, as defined in Chapter 29, Title 4, is or will be located, containing the findings pursuant to Section 4-29-60 and evidence of a public hearing held not less than fifteen days after publication of notice in a newspaper of general circulation in the county pursuant to this section after a public hearing is held as required by federal law to enable interest on such bonds to be excluded from gross income for federal tax purposes. Notice of any required public hearing must be provided to the public and to the clerk of the county council or clerk of the municipal council in the county or municipality in which the project is or will be located at the times and in the manner permitted or required by federal tax law. Additionally, a copy of the public hearing notice must be published by the authority in a newspaper of general circulation in the county in which the project is located before the date of the public hearing, if such public hearing is required by federal law; provided however, the notice posted by the authority as required by federal law shall control for the purpose of compliance with any federal law and not the notice published in the newspaper where the project is located. The authority may combine for the purposes of a single offering bonds to finance more than one project. The interest rate of bonds issued pursuant to this section is not subject to approval by the South Carolina Coordinating Council for Economic Development." /
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey 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 Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Taylor 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.
The following Bill was taken up:
H. 3351 (Word version) -- Reps. Jefferson, W. Newton, R. Williams and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-102 SO AS TO PROVIDE FOR THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF THE DEPARTMENT OF ARCHIVES AND HISTORY TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION BY GIFT OR SALE, TO PROVIDE FOR THE USE OF RESULTING PROCEEDS, AND TO PROVIDE ANNUAL REPORTING REQUIREMENTS; BY ADDING SECTION 60-11-103 SO AS TO PROVIDE FOR THE RETENTION AND USE BY THE DEPARTMENT OF ARCHIVES AND HISTORY OF CERTAIN PROCEEDS GENERATED BY ITS OPERATIONS; AND TO REPEAL SECTION 60-11-120 RELATING TO THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF DEPARTMENT OF ARCHIVES AND HISTORY.
Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12-6-3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
Rep. BANNISTER proposed the following Amendment No. 1 to
H. 3485 (Word version) (COUNCIL\DG\3485C002.NBD.DG19), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Notwithstanding Section 1 of Act 265 of 2018, and Section 1.B. of Act 57 of 2013, upon the repeal of Chapter 67, Title 12 of the 1976 Code, any carryforward credits shall continue to be allowed until the five or eight year time period in Section 12-67-140 is completed.
B. Chapter 67, Title 12 of the 1976 Code is amended by adding:
"Section 12-67-170. Notwithstanding any other provision of this chapter, if a taxpayer files a notice of intent to rehabilitate and has been rehabilitating an abandoned building continuously for the preceding year and is more than sixty percent complete, then the taxpayer must be allowed to extend the placed in service date until ninety days after completion of construction, provided construction continues diligently until that date. Nothing in this section may be construed to allow a taxpayer to earn a credit allowed by this chapter before the applicable phase or portion of the building site is placed in
service." /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
Rep. HILL raised the Point of Order that H. 3485 (Word version) was out of order under Rule 5.13 in that a fiscal impact statement was required. He stated that Section 1 of the Bill, Subsection B, which adds to two new subsections which require payment of a new fee to the Department of Archives and History. It instructs the Department to use that revenue to develop an application process for distribution of funds from the State Historic Preservation Grant funds. These are new fees which are not currently being collected or expended, and so clearly this Bill requires a Fiscal Impact Statement.
The SPEAKER PRO TEMPORE sustained the Point of Order.
The following Bill was taken up:
H. 4017 (Word version) -- Reps. Clary, W. Newton, R. Williams, Funderburk, Cobb-Hunter, Stavrinakis and Gagnon: A BILL TO AMEND SECTION 1-30-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ESTABLISH OBJECTIVES FOR THE SOUTH CAROLINA FILM COMMISSION.
Rep. CLARY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Lowe Lucas Mack 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 Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Long Magnuson
So, the Bill was read the second time and ordered to third reading.
I support H. 4017 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 4018 (Word version) -- Reps. Clary, W. Newton, R. Williams, Funderburk and Weeks: A BILL TO AMEND SECTION 12-6-5060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY CONTRIBUTIONS TO CERTAIN FUNDS ON AN INDIVIDUAL INCOME TAX RETURN, SO AS TO REMOVE A REFERENCE TO THE WAR BETWEEN THE STATES HERITAGE TRUST FUND; TO REPEAL CHAPTER 9, TITLE 51 RELATING TO THE FORT WATSON MEMORIAL; TO REPEAL SECTIONS 51-18-10 THROUGH 51-18-150 AND 60-11-150 ALL RELATING TO THE WAR BETWEEN THE STATES HERITAGE PRESERVE COMMISSION; AND TO REPEAL SECTIONS 53-3-90 AND 53-3-100 BOTH RELATING TO "FAMILY WEEK IN SOUTH CAROLINA".
Rep. CLARY moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 4019 (Word version) -- Reps. Clary, W. Newton, R. Williams and Funderburk: A BILL TO AMEND SECTION 51-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM'S AUTHORITY TO CONSTRUCT STREETS AND ROADS THROUGH HUNTING ISLAND, SO AS TO REMOVE REFERENCES TO RESIDENTIAL AREAS; TO AMEND SECTION 51-7-70, RELATING TO THE PAYMENT OF REVENUE OBLIGATIONS, SO AS TO REMOVE CERTAIN ACTIONS THE DEPARTMENT MAY UNDERTAKE TO SECURE PAYMENT OF OBLIGATIONS; AND TO REPEAL SECTION 51-7-20 RELATING TO LEASES OF RESIDENTIAL AREAS ON HUNTING ISLAND. Rep. CLARY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliard Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Gilliam McCravy Toole
So, the Bill was read the second time and ordered to third reading.
I support H. 4019 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 4020 (Word version) -- Reps. Clary, W. Newton, R. Williams, Funderburk, Erickson and Bradley: A BILL TO AMEND SECTION 51-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO PROVIDE NEW DUTIES FOR THE DEPARTMENT; AND TO REPEAL ARTICLE 3 OF CHAPTER 1, TITLE 51, RELATING TO THE DIVISION OF COMMUNITY DEVELOPMENT.
Rep. CLARY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor 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. 4020 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 4021 (Word version) -- Reps. Clary, W. Newton, R. Williams and Funderburk: A BILL TO AMEND SECTION 51-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SWIMMING OR USE OF CABINS AT STATE PARKS, SO AS TO REMOVE THE PROHIBITION; TO AMEND SECTION 51-3-50, RELATING TO THE POWER OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO OPEN PARKS TO NORMAL PUBLIC USE, SO AS TO REMOVE A LIMITATION ON THE DEPARTMENT'S POWER; TO REPEAL SECTION 51-3-20 RELATING TO LIMITATIONS ON THE FACILITIES AT STATE PARKS; TO REPEAL SECTION 51-3-30 RELATING TO PENALTIES FOR USING CABINS OR SWIMMING AT A STATE PARK; AND TO REPEAL SECTION 51-3-40 RELATING TO THE LIMITATIONS ON THE OPERATIONS OF CERTAIN STATE PARKS.
Rep. CLARY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy 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 Sottile Spires Stavrinakis Stringer Tallon Taylor 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.
I support H. 4021 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Parks, Recreation and Tourism.
The following Bill was taken up:
H. 3661 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-320 SO AS TO CLARIFY THE MEANING OF THE TERM "CONTIGUOUS" WHEN A MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE BORDERS OF A SPECIAL PURPOSE DISTRICT ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO LOCATED WITHIN THE SAME SPECIAL PURPOSE DISTRICT AS THE ANNEXING MUNICIPALITY.
Rep. JOHNSON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3967 (Word version) -- Reps. Mace, Trantham, Kimmons, Crawford, Henderson-Myers, Bernstein, McCoy, Fry, Magnuson, Allison, Henegan, Thayer, Cobb-Hunter, King, Brawley, Dillard, Davis, Hewitt, Spires, Collins, Sottile, Daning, Cogswell, Taylor, Atkinson, Ballentine, Bannister, Bennett, Clary, Elliott, Huggins, Long, McDaniel, McKnight, Pendarvis, Rutherford, Simmons, G. R. Smith, Garvin, Rose, B. Cox, Caskey, Moore and Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-35 SO AS TO PROVIDE METHODS OF RESTRAINING INMATES WITH A CLINICAL DIAGNOSIS OF PREGNANCY OR IN POSTPARTUM RECUPERATION.
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Morgan 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 Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Bryant Hiott D. C. Moss
So, the Bill was read the second time and ordered to third reading.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 3319 (Word version) -- Reps. King, Cobb-Hunter, Garvin, Dillard, Rivers, Alexander, Brawley, Rose, S. Williams, McDaniel, Norrell, Simmons, Moore, Henegan, Weeks, Gilliard and Henderson-Myers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-980 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL INFORM A PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN OFFENSE AGAINST THE ELECTION LAWS AND HAS SERVED THE SENTENCE IMPOSED FOR THE CONVICTION, INCLUDING PROBATION AND PAROLE TIME UNLESS SOONER PARDONED, THAT HE IS ELIGIBLE TO REGISTER TO VOTE.
Reps. MARTIN, HIOTT, FRY, HIXON, FORREST, CLEMMONS, CRAWFORD, D. C. MOSS, V. S. MOSS, BRYANT, JOHNSON, G. R. SMITH, BLACKWELL, TAYLOR, B. NEWTON, CHUMLEY, COBB-HUNTER, BRAWLEY, OTT, MCCRAVY, GILLIAM, KING, JEFFERSON, HART, R. WILLIAMS, ROSE and BENNETT requested debate on the Bill.
Rep. MCKNIGHT moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up: H. 3351 (Word version) -- Reps. Jefferson, W. Newton, R. Williams and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-102 SO AS TO PROVIDE FOR THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF THE DEPARTMENT OF ARCHIVES AND HISTORY TO ANOTHER PUBLIC OR NONPROFIT INSTITUTION BY GIFT OR SALE, TO PROVIDE FOR THE USE OF RESULTING PROCEEDS, AND TO PROVIDE ANNUAL REPORTING REQUIREMENTS; BY ADDING SECTION 60-11-103 SO AS TO PROVIDE FOR THE RETENTION AND USE BY THE DEPARTMENT OF ARCHIVES AND HISTORY OF CERTAIN PROCEEDS GENERATED BY ITS OPERATIONS; AND TO REPEAL SECTION 60-11-120 RELATING TO THE DISPOSITION OF CERTAIN DUPLICATIVE MATERIAL IN THE POSSESSION OF DEPARTMENT OF ARCHIVES AND HISTORY.
Rep. SIMRILL explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
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 W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor 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. 3351 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Archives and History.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 3661 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-320 SO AS TO CLARIFY THE MEANING OF THE TERM "CONTIGUOUS" WHEN A MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE BORDERS OF A SPECIAL PURPOSE DISTRICT ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO LOCATED WITHIN THE SAME SPECIAL PURPOSE DISTRICT AS THE ANNEXING MUNICIPALITY.
Rep. JOHNSON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3915 (Word version) -- Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan and Norrell: A BILL TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.
Reps. KING, BRAWLEY, COBB-HUNTER, HENDERSON-MYERS, PARKS, WHEELER, LONG, OTT, GILLIARD, DILLARD and R. WILLIAMS requested debate on the Bill.
The following Bill was taken up: H. 3322 (Word version) -- Reps. Pitts, Rutherford, G. M. Smith, Murphy, McCoy, Weeks, Clyburn, Hosey, Gilliard, Jefferson, Willis, Henegan, Erickson, Bamberg, Henderson-Myers, Cobb-Hunter, Davis and Stavrinakis: A BILL TO AMEND SECTION 17-25-322, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTITUTION TO CRIME VICTIMS, SO AS TO REQUIRE THAT THE COURT MUST TAKE INTO CONSIDERATION THE FINANCIAL RESOURCES OF THE DEFENDANT AND ABILITY OF DEFENDANT TO PAY, REQUIRE IF A COURT FINDS A DEFENDANT FACES FINANCIAL HARDSHIP THAT THAT DEFENDANT MUST PAY NO LESS THAN A SPECIFIED AMOUNT, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO IMPOSE A PAYMENT SCHEDULE OF EQUAL MONTHLY PAYMENTS RESULTING IN FULL RESTITUTION BY THE END OF SUPERVISION; TO AMEND SECTION 24-21-280, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO TAKE INTO CONSIDERATION AN OFFENDER'S EFFECTIVE USE OF DISCRETIONARY FUNDS, TO PROVIDE FOR SUPERVISION FOR SENTENCES OF THREE HUNDRED SIXTY-FIVE DAYS OR MORE, TO SPECIFY HOW COMPLIANCE CREDITS MAY BE AWARDED AND HOW PROGRAMS MAY BE RECOGNIZED BY REGULATION AS PROPER FOR INCENTIVES, TO INFORM THE SENTENCING REFORM OVERSIGHT COMMITTEE OF THE PROGRAMS DESIGNATED FOR COMPLIANCE CREDITS, AND TO PROVIDE THAT OFFENDER ELIGIBILITY FOR COMPLIANCE CREDITS AS PROVIDED IN THIS SECTION BE EXTENDED TO OFFENDERS WHOSE OFFENSES OCCURRED PRIOR TO JANUARY 1, 2011; TO AMEND SECTION 24-21-440, RELATING TO THE PERIOD OF PROBATION, SO AS TO PROVIDE THAT THE PERIOD BE DEPENDENT UPON THE OFFENSE FOR WHICH THE DEFENDANT HAS BEEN SENTENCED, THAT RESTITUTION PAYMENTS MUST NOT BE REQUIRED FOR THE FIRST THREE MONTHS OF SUPERVISION AND THAT THE PERIOD FOR SUPERVISION OF RESTITUTION PAYMENTS MUST BE DETERMINED BY A JUDGE, THAT THE SUPERVISION OF RESTITUTION PAYMENT MUST NOT EXCEED FIVE YEARS AND IS ONLY REVOCABLE AFTER THE COMPLETION OF PROBATION FOR A WILFUL FAILURE TO MAKE RESTITUTION PAYMENTS; TO AMEND SECTION 24-21-560, RELATING TO THE COMMUNITY SUPERVISION PROGRAM, SO AS TO CLARIFY THAT ONCE COMMUNITY SUPERVISION IS COMPLETED AN OFFENDER IS STILL SUBJECT TO THE OTHER REQUIREMENTS OF SUPERVISION; BY ADDING SECTION 43-5-1191 SO AS TO EXEMPT INDIVIDUALS FROM THE ELIGIBILITY RESTRICTION ON SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BENEFITS FOR INDIVIDUALS WITH DRUG CONVICTIONS THAT WOULD OTHERWISE BE ELIGIBLE AND TO PROVIDE FOR INELIGIBILITY IN THE EVENT AN INDIVIDUAL VIOLATES PROBATION, COMMUNITY SUPERVISION, OR PAROLE; TO DIRECT THE SENTENCING REFORM OVERSIGHT COMMITTEE TO STUDY AND MAKE A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE COLLECTION OF RESTITUTION AND THE RISK AND NEEDS TOOL USED TO EVALUATE THE ENTIRE SUPERVISION POPULATION; TO AMEND SECTIONS 24-21-110 AND 24-21-430, RELATING TO ADMINISTRATIVE SANCTIONS AND CONDITIONS OF PROBATION, RESPECTIVELY, BOTH SO AS TO SET MAXIMUM JAIL CONFINEMENT PERIODS ON AN ADMINISTRATIVE SANCTION AND TO PROVIDE FURTHER PROCEDURES FOR REVOCATIONS; TO AMEND SECTION 24-21-460, RELATING TO ACTIONS OF THE COURT IN CASES OF PROBATION VIOLATIONS, SO AS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-610, RELATING TO ELIGIBILITY FOR PAROLE, SO AS TO ALLOW FOR PAROLE ELIGIBILITY TO BE COMPUTED USING AN INMATE'S ACTIVE INCARCERATIVE SENTENCE AND TO AMEND REQUIREMENTS RELATED TO MEDICAL PAROLE; TO AMEND SECTION 24-21-620, RELATING TO A PAROLE BOARD'S REVIEW, SO AS TO ALLOW FOR AUTOMATIC RELEASE ON PAROLE OF NONVIOLENT INMATES WHO HAVE MET CERTAIN CONDITIONS; BY ADDING SECTION 24-21-720 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CREATE AN INTAKE CASE PLAN FOR ALL PAROLE ELIGIBLE INMATES; TO AMEND SECTION 24-21-645, RELATING TO PAROLE AND PROVISIONAL PAROLE ORDERS, SO AS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-660, RELATING TO THE EFFECT OF PAROLE, SO AS TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-680, RELATING TO VIOLATIONS OF PAROLE, SO AS TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-715, RELATING TO PAROLE FOR TERMINALLY ILL, GERIATRIC, OR PERMANENTLY DISABLED INMATES, SO AS TO AMEND THE ELIGIBILITY REQUIREMENTS AND EXTEND ELIGIBILITY TO OTHER CATEGORIES OF INMATES AND LIMIT THE REASONS THE PAROLE BOARD CAN DENY THIS TYPE OF PAROLE; BY ADDING ARTICLE 7 TO CHAPTER 27, TITLE 24 SO AS TO PROVIDE THE CIRCUMSTANCES FOR WHICH AN INMATE WHO HAS BEEN INCARCERATED AT LEAST FIFTEEN YEARS MAY PETITION THE COURT TO HAVE HIS SENTENCE MODIFIED; TO AMEND SECTION 24-13-150, RELATING TO THE EARLY RELEASE OF AN INMATE, SO AS TO REDUCE THE PERCENTAGE OF TIME AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MUST SERVE BEFORE HE MAY BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION FROM EIGHTY-FIVE PERCENT TO SIXTY-FIVE PERCENT, AND TO PROVIDE A PROCEDURE THAT ALLOWS CERTAIN INMATES TO PETITION THE COURT TO MODIFY THEIR SENTENCE; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN TO AN INMATE FOR GOOD BEHAVIOR, SO AS TO INCREASE THE NUMBER OF GOOD BEHAVIOR DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 24-13-230, RELATING TO CREDIT GIVEN TO AN INMATE FOR WORK AND EDUCATION CREDITS, SO AS TO INCREASE THE NUMBER OF WORK AND EDUCATION CREDIT DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 1-7-400, RELATING TO CIRCUIT SOLICITORS DISABLED BY INTOXICATION, SO AS TO DELETE THE MINIMUM PENALTY; TO AMEND SECTION 1-11-26, RELATING TO THE RURAL INFRASTRUCTURE AUTHORITY, SO AS TO AMEND THE PENALTY FOR A VIOLATION FROM SIX MONTHS TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 2-17-50, RELATING TO FAILURE TO FILE BY A LOBBYIST, SO AS TO AMEND THE PENALTIES FOR A SECOND OFFENSE; TO AMEND SECTION 4-11-60, RELATING TO COUNTY OFFICERS KEEPING RECORDS OF MONIES RECEIVED, SO AS TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-21-130, RELATING TO THE UNLAWFUL USE OF A SPECIALLY LEVIED TAX, SO AS TO AMEND THE PENALTY FOR A VIOLATION TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 5-21-500, RELATING TO A COUNTY OR MUNICIPAL COUNCIL MEMBER VOTING TO DIVERT FUNDS, SO AS TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-25-40, RELATING TO FAILURE TO INSTALL FIRE ALARM BOXES IN HOSPITALS AND SCHOOLS, SO AS TO DELETE THE MINIMUM PENALTY OF TEN DAYS IN PRISON FOR A VIOLATION; TO AMEND SECTION 5-31-20, RELATING TO INTERFERENCE WITH SEWERS AND WATERWORKS, SO AS TO AMEND THE PENALTY FOR A VIOLATION FROM THIRTY DAYS TO NOT MORE THAN THIRTY DAYS; TO AMEND SECTION 7-13-1910, RELATING TO THE UNLAWFUL POSSESSION OF A VOTING MACHINE KEY, SO AS TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF TEN DAYS IN JAIL; TO AMEND SECTION 7-13-1920, RELATING TO THE UNLAWFUL TAMPERING OF VOTING MACHINES, SO AS TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF NOT LESS THAN THREE MONTHS IN PRISON; TO AMEND SECTION 8-1-40, RELATING TO FAILURE OF A CLERK, SHERIFF, OR MAGISTRATE TO PAY OVER FINES OR PENALTIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 8-3-60, RELATING TO PUBLIC OFFICIALS' ASSUMPTION OF OFFICE BEFORE GIVING BOND, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED AND INCREASE THE MAXIMUM SENTENCE FOR A VIOLATION; TO AMEND SECTION 8-13-1510, RELATING TO ETHICS AND GOVERNMENT ACCOUNTABILITY, LATE FILING OR FAILURE TO FILE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A SECOND OFFENSE VIOLATION; TO AMEND SECTION 10-7-230, RELATING TO PUBLIC OFFICIALS' FAILURE TO OBTAIN INSURANCE ON PUBLIC BUILDINGS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-9-260, RELATING TO INTERFERING WITH STATE, DEPARTMENT, OR LICENSEES, PHOSPHATE MINING WITHOUT A LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-90, RELATING TO FAILURE OF POLITICAL SUBDIVISION DISBURSEMENT OFFICERS TO MAKE PAYMENT OR REMIT FUNDS FOR PAYMENT OF OBLIGATIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-290, RELATING TO FAILURE TO MAKE INVESTMENTS FROM SINKING FUNDS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2470, RELATING TO OPERATING A PLACE OF AMUSEMENT WITHOUT A LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2830, RELATING TO RECORD REQUIRED OF GROSS RECEIPTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-3080, RELATING TO INTERFERENCE WITH AMUSEMENT TAX ENFORCEMENT OR REFUSAL TO ALLOW INSPECTION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-37-1130, RELATING TO PENALTIES FOR FALSE STATEMENTS TO THE DEPARTMENT OF REVENUE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-54-44, RELATING TO TAX OR REVENUE LAW PENALTIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-9-240, RELATING TO JUDGES AND SOLICITORS PROHIBITED FROM PRACTICING LAW IN CERTAIN CAUSES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-25-65, RELATING TO MAXIMUM PENALTIES THAT A MUNICIPAL COURT MAY IMPOSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 15-43-70, RELATING TO VIOLATION OF AN INJUNCTION AND PUNISHMENT FOR CONTEMPT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-610, RELATING TO CERTAIN OFFENSES COMMITTED WITH A CARRIED OR CONCEALED DEADLY WEAPON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION AND REMOVE PROVISIONS THAT PROVIDED THE SECTION DOES NOT APPLY TO COMMON LAW ASSAULT AND BATTERY WITH INTENT TO KILL; TO AMEND SECTION 16-3-755 RELATING TO SEXUAL BATTERY WITH A STUDENT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1045, RELATING TO USE OR EMPLOYMENT OF PERSONS UNDER EIGHTEEN TO COMMIT CERTAIN CRIMES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1280, RELATING TO THE OFFENSE OF FALSE CLAIMS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE OFFENSES OF HARASSMENT, BOTH SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1730, RELATING TO THE OFFENSE OF STALKING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1770, RELATING TO RESTRAINING ORDERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-2090, RELATING TO FORFEITURE OF PROPERTY USED IN TRAFFICKING IN PERSONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-230, RELATING TO PERSONS HOLDING OFFICE ACCEPTING EXTRA COMPENSATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-250, RELATING TO UNLAWFUL ACCEPTANCE OF REMUNERATION BY PEACE OFFICERS FOR PERFORMING OFFICIAL DUTIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-130, RELATING TO BURNING PERSONAL PROPERTY TO DEFRAUD INSURERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-180, RELATING TO NEGLIGENTLY ALLOWING FIRE TO SPREAD TO PROPERTY OF ANOTHER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 16-11-350, RELATING TO TRAIN ROBBERY BY STOPPING A TRAIN, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-360, RELATING TO ROBBERY AFTER ENTRY UPON A TRAIN, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-510, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR A VIOLATION; TO AMEND SECTION 16-11-520, RELATING TO MALICIOUS INJURY TO A TREE, HOUSE, OUTSIDE FENCE, OR FIXTURE, AND TRESPASS UPON REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR A VIOLATION; TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO PLACES OF WORSHIP, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-590, RELATING TO DESTRUCTION OF SEA OAT OR VENUS-FLYTRAP PLANTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-650, RELATING TO REMOVING, DESTROYING, OR LEAVING DOWN FENCES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-13-10, RELATING TO THE OFFENSE OF FORGERY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-30, RELATING TO SIMPLE LARCENY OF GOODS OR BILLS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-40, RELATING TO STEALING OF BONDS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-50, RELATING TO STEALING OF LIVESTOCK, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-66, RELATING TO STEALING OR DAMAGING AQUACULTURE OPERATIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-70, RELATING TO STEALING OF VESSELS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-110, RELATING TO THE OFFENSE OF SHOPLIFTING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-180, RELATING TO THE OFFENSE OF RECEIVING STOLEN GOODS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-230, RELATING TO THE OFFENSE OF BREACH OF TRUST WITH FRAUDULENT INTENT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-240, RELATING TO THE OFFENSE OF OBTAINING SIGNATURE OR PROPERTY BY FALSE PRETENSES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-260, RELATING TO THE OFFENSE OF OBTAINING PROPERTY UNDER FALSE TOKENS OR LETTERS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-300, RELATING TO FRAUDULENT REMOVAL OR SECRETING OF PERSONAL PROPERTY ATTACHED OR LEVIED UPON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-13-420, RELATING TO THE OFFENSE OF FAILURE TO RETURN LEASED OR RENTED PROPERTY, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-13-430, RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO AMEND THE JURISDICTION OF MAGISTRATES COURT AND TO REVISE THE PENALTIES; TO AMEND SECTION 16-14-80, RELATING TO RECEIVING STOLEN GOODS, SO AS TO AMEND THE JURISDICTION OF THE MAGISTRATES COURT AND REVISE THE PENALTIES; TO AMEND SECTION 16-15-10, RELATING TO THE OFFENSE OF BIGAMY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-20, RELATING TO THE OFFENSE OF INCEST, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-60, RELATING TO THE OFFENSE OF ADULTERY OR FORNICATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-110, RELATING TO THE OFFENSE OF PROSTITUTION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-15-120, RELATING TO THE ABOMINABLE CRIME OF BUGGERY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-310, RELATING TO THE OFFENSE OF IMITATION OF ORGANIZATIONS' NAMES OR EMBLEMS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-520, RELATING TO THE OFFENSE OF DISTURBANCE OF RELIGIOUS WORSHIP, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-570, RELATING TO INTERFERENCE WITH FIRE AND POLICE ALARM BOXES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-580, RELATING TO REMOVING STATE LINE MARKERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-600, RELATING TO DESTRUCTION OR DESECRATION OF HUMAN REMAINS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-610, RELATING TO THE OFFENSE OF SOLICITING EMIGRANTS WITHOUT LICENSES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-690, RELATING TO THE OFFENSE OF FORTUNE-TELLING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-17-735, RELATING TO THE OFFENSE OF IMPERSONATING OFFICIALS OR LAW ENFORCEMENT OFFICERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-19-160, RELATING TO UNLAWFUL PUNCHBOARDS FOR GAMING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-21-80, RELATING TO THE OFFENSE OF RECEIVING, POSSESSING, CONCEALING, SELLING, OR DISPOSING OF STOLEN VEHICLES, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-23-450, RELATING TO THE OFFENSE OF PLACING LOADED TRAP GUNS, SPRING GUNS, OR LIKE DEVICES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-460, RELATING TO THE OFFENSE OF CARRYING A CONCEALED WEAPON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-730, RELATING TO A HOAX DEVICE OR REPLICA OF DESTRUCTIVE DEVICE OR DETONATOR, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-740, RELATING TO HINDERING AN EXPLOSIVE ORDINANCE TECHNICIAN, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-23-750, RELATING TO CONVEYING FALSE INFORMATION REGARDING ATTEMPTED USE OF A DESTRUCTIVE DEVICE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTIONS 16-27-30 AND 16-27-40, RELATING TO THE OFFENSE OF ANIMAL FIGHTING OR BAITING, BOTH SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 17-25-20, RELATING TO PUNISHMENT FOR A FELONY WHEN NOT SPECIALLY PROVIDED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 20-1-210, RELATING TO LICENSE REQUIRED FOR MARRIAGE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 20-1-220, RELATING TO A PROBATE JUDGE MARRIAGE LICENSE VIOLATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 20-3-220, RELATING TO UNLAWFUL ADVERTISING FOR PURPOSE OF PROCURING DIVORCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-1-70, RELATING TO DISPOSITION OF FINES AND PENALTIES IMPOSED AND COLLECTED IN CRIMINAL CASES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-1-140, RELATING TO THE RETURN OF BOOKS RECEIVED BY A MAGISTRATE FROM THE CLERK OF COURT AT THE EXPIRATION OF THE MAGISTRATES TERM, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-5-170, RELATING TO DUTY OF SPECIAL OFFICERS APPOINTED BY MAGISTRATES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 22-7-40, RELATING TO RECEIPT OF CERTAIN COMPENSATION BY MAGISTRATES IN CRIMINAL CASES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-1-140, RELATING TO RURAL POLICEMEN COLLECTING FEES IN CERTAIN CASES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-3-310, RELATING TO IMPROPER RELEASE OF INFORMATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REQUIRE THE COURT TO MAKE A FINDING ON THE RECORD THAT THE OFFENSE INCLUDED A CRIMINAL SEXUAL OFFENSE FOR A PERSON CONVICTED OF KIDNAPPING IN ORDER FOR THE OFFENDER TO BE PLACED ON THE SEX OFFENDER REGISTRY; TO AMEND SECTION 23-3-470, RELATING TO FAILURE TO REGISTER AS A SEX OFFENDER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 23-3-475, RELATING TO REGISTERING WITH FALSE INFORMATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 23-15-70, RELATING TO VIOLATION OF THE CALL OUT FOR ASSISTANCE OR POSSE COMITATUS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 23-35-150, RELATING TO FIREWORKS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 23-36-170, RELATING TO THE EXPLOSIVES CONTROL ACT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 24-3-410, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON OPEN MARKET GENERALLY PROHIBITED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-3-420, RELATING TO PRISON INDUSTRIES VIOLATIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-3-950, RELATING TO PRISON CONTRABAND, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-5-130, RELATING TO LEAVING JAILS UNATTENDED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-7-155, RELATING TO FURNISHING OR POSSESSING CONTRABAND IN JAIL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-260, RELATING TO FAILURE OF OFFICERS HAVING CHARGE OF INMATE TO ALLOW DEDUCTION IN TIME OF SERVING SENTENCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-410, RELATING TO UNLAWFUL ESCAPE OR POSSESSING TOOLS OR WEAPONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT BY AN INMATE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 24-13-460, RELATING TO FURNISHING PRISONERS ALCOHOLIC BEVERAGES OR NARCOTIC DRUGS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 27-3-30, RELATING TO PUNISHMENT OF PARTIES TO FRAUDULENT CONVEYANCES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 29-1-30, RELATING TO THE WILFUL SALE OF PROPERTY ON WHICH A LIEN EXISTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 29-7-20, RELATING TO FAILURE TO PAY LABORERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 33-45-170, RELATING TO MEMBERSHIP IN COTTON COOPERATIVES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-3-10, RELATING TO UNLAWFUL USE OF THE WORD "BANK" OR "BANKING," SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-3-80, RELATING TO CRIMINAL LIABILITY OF BANK OFFICIALS FURNISHING FALSE CERTIFICATES TO THE COMPTROLLER GENERAL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-11-30, RELATING TO RECEIPT OF DEPOSITS OR TRUSTS AFTER KNOWLEDGE OF INSOLVENCY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 34-11-90, RELATING TO FRAUDULENT CHECKS, SO AS TO AMEND THE JURISDICTION OF MAGISTRATES COURT AND TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 36-9-410, RELATING TO UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO SECURITY INTEREST, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 38-2-30, RELATING TO INSURANCE AND ACTING WITHOUT A LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 38-55-170, RELATING TO PRESENTING FALSE CLAIMS FOR PAYMENT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 39-1-20, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-1-80, RELATING TO INDUSTRIAL HYGIENE AND SAFETY PROFESSIONALS' CERTIFICATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-10, RELATING TO MANUFACTURERS' USE OF MARKED BEER, SODA WATER, OR MINERAL WATER CONTAINERS OF OTHERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-15, RELATING TO REQUIREMENTS FOR LABELING PRODUCTS AS "PEAT", SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-480, RELATING TO UNAUTHORIZED POSSESSION OF MARKED OR BRANDED CONTAINERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-15-750, RELATING TO DESTRUCTION OF BRAND OR REMOVAL OR TRANSFER OF TIMBER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-19-510, RELATING TO FRAUD IN SALE OF LEAF TOBACCO, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-33-1320, RELATING TO BUTTERFAT CONTENT AND WEIGHT OF MILK, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 39-33-1540, RELATING TO UNAUTHORIZED USE OF STAMPED BOTTLES OF OTHER DEALERS IN MILK IN THE SAME COUNTY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-41-160, RELATING TO FRAUDULENT VIOLATION OF PETROLEUM REQUIREMENTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-41-360, RELATING TO THE SALE OF LUBRICATING OILS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 39-51-120, RELATING TO ANTIFREEZE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-2-590, RELATING TO REGULATION OF ACCOUNTING PRACTITIONERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-8-190, RELATING TO THE PERPETUAL CARE CEMETERY ACT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-36-30, RELATING TO OCCUPATIONAL THERAPISTS PRACTICING WHILE LICENSE SUSPENDED OR REVOKED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-41-710, RELATING TO A RETAILER'S RECORD OF STOLEN PROPERTY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-51-220, RELATING TO PODIATRY OR CHIROPODY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-56-200, RELATING TO FIRE CODES AND REGULATIONS ADOPTED BY THE STATE FIRE MARSHAL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-59-30, RELATING TO RESIDENTIAL SPECIALTY CONTRACTING LICENSE REQUIREMENTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-69-200, RELATING TO UNLAWFUL PRACTICE OR FILING FALSE INFORMATION TO OBTAIN A VETERINARY LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 40-82-200, RELATING TO OBTAINING A LICENSE TO DO BUSINESS IN LIQUID PETROLEUM GAS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-1-20, RELATING TO UNLAWFUL DISCRIMINATION AGAINST UNION MEMBERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-1-60, RELATING TO TRANSACTIONS BETWEEN CARRIERS OR SHIPPERS AND LABOR ORGANIZATIONS PROHIBITED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-3-140, RELATING TO IMPEDING THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION IN PERFORMANCE OF HIS DUTIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 41-7-80, RELATING TO RIGHT TO WORK, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 42-5-45, RELATING TO PENALTY FOR FAILURE OF EMPLOYERS TO SECURE PAYMENTS OF COMPENSATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 42-5-240, RELATING TO ACTING AS AN INSURANCE AGENT WHILE SUSPENDED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 44-1-150, RELATING TO THE VIOLATION OF RULES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-1-151, RELATING TO VIOLATIONS INVOLVING SHELLFISH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 44-23-1080, RELATING TO PATIENTS AND PRISONERS DENIED ACCESS TO ALCOHOLIC BEVERAGES, FIREARMS, DANGEROUS WEAPONS, AND CONTROLLED SUBSTANCES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 44-52-165, RELATING TO PATIENTS RECEIVING ADDICTION SERVICES PROHIBITED FROM POSSESSING ALCOHOL, FIREARMS, WEAPONS, OR DRUGS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 44-53-370, RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF CONTROLLED SUBSTANCES, SO AS TO AMEND THE PENALTIES, WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES; TO AMEND SECTION 44-53-375, RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF METHAMPHETAMINE, COCAINE BASE, OR OTHER CONTROLLED SUBSTANCES, SO AS TO AMEND THE PENALTIES, WEIGHT PRESUMPTIONS, AND ELIMINATE MANDATORY MINIMUM SENTENCES; TO AMEND SECTION 44-55-700, RELATING TO SEPTIC TANK INSTALLATIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 44-61-70, RELATING TO EMERGENCY SERVICES AND HINDERING AN AGENT OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 45-2-40, RELATING TO VIOLATIONS COMMITTED BY A PERSON ON PREMISES OR PROPERTY OF A LODGING ESTABLISHMENT, SO AS TO REVISE THE PENALTIES FOR A VIOLATION; TO AMEND SECTION 45-3-20, RELATING TO OBSTRUCTION OF HOTEL AND RESTAURANT INSPECTIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 45-9-90, RELATING TO THE VIOLATION OF THE RIGHT TO EQUAL ENJOYMENT OF AND PRIVILEGES TO PUBLIC ACCOMMODATIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-1-20, RELATING TO STEALING CROPS FROM THE FIELD, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 46-1-40, RELATING TO STEALING TOBACCO PLANTS FROM BEDS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 46-1-60, RELATING TO MAKING AWAY WITH OR DISPOSING OF PRODUCE BEFORE PAYING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 46-1-70, RELATING TO FACTORS OR COMMISSION MERCHANTS FAILING TO ACCOUNT FOR PRODUCE, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 46-9-80, RELATING TO INTERFERING WITH THE AGRICULTURE COMMISSION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-9-90, RELATING TO THE STATE CROP PEST COMMISSION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-17-400, RELATING TO AGRICULTURAL COMMODITIES MARKETING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 46-29-20, RELATING TO FRAUDULENT PACKING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-1-40, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-1-60, RELATING TO CUTTING MUSCLES OF TAILS OF HORSES, ASSES, AND MULES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-530, RELATING TO STEALING OR KILLING AN IDENTIFIABLE DOG, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-630, RELATING TO TEASING, MALTREATING, AND INJURING POLICE DOGS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-3-950, RELATING TO UNAUTHORIZED CONTROL OVER GUIDE DOGS OR SERVICE ANIMALS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-7-160, RELATING TO UNLAWFUL RESCUING OF AN ANIMAL FROM CUSTODY OF A PERSON IMPOUNDING IT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-9-410, RELATING TO LIVESTOCK BRANDING OR EARMARKING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 47-13-70, RELATING TO SELLING FLESH OF DISEASED OR INJURED ANIMALS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 48-23-265, RELATING TO PAYMENT TO A LANDOWNER FOR FOREST PRODUCTS PURCHASED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 48-43-550, RELATING TO REMOVAL OF DISCHARGES OF POLLUTANTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 49-1-50, RELATING TO SALE OR PURCHASE OF DRIFTED LUMBER OR TIMBER, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-1-85, RELATING TO THE USE OF FIREARMS OR ARCHERY TACKLE IN A CRIMINALLY NEGLIGENT MANNER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 50-1-125, RELATING TO TRAFFICKING IN WILDLIFE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 50-1-130, RELATING TO FISH, GAME, AND WATERCRAFT VIOLATIONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-5-730, RELATING TO TRAWLING NEAR A PUBLIC FISHING PIER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-5-2535, RELATING TO THE MARINE RESOURCES ACT, ENGAGING IN PROHIBITED ACTIVITIES WHILE UNDER SUSPENSION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-100, RELATING TO ENCLOSURES IMPEDING FREE RANGE OF DEER BEING HUNTED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-730, RELATING TO UNLAWFUL HUNTING, SHOOTING, OR KILLING OF DEER FROM A WATER CONVEYANCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-810, RELATING TO GAME BIRDS FOR WHICH NO SPECIFIC OPEN SEASON IS DESIGNATED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-852, RELATING TO THE UNLAWFUL MOLESTATION OR KILLING OF BIRDS OF PREY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1105, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO DECLARE CLOSED SEASON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1110, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO CLOSE OR SHORTEN OPEN SEASON, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1340, RELATING TO RESPONSIBILITY OF A MANAGER, OWNER, OR LICENSEE FOR VIOLATIONS ON A SHOOTING PRESERVE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-1730, RELATING TO THE TRANSPORTING OF GAME BIRDS OR ANIMALS OUT OF STATE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-2210, RELATING TO ABUSE OF WILDLIFE MANAGEMENT AREA LAND, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-11-2640, RELATING TO IMPORTING FOXES AND COYOTES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1210, RELATING TO PROHIBITION OF A PERMANENT OBSTRUCTION TO MIGRATION OF FISH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1410, RELATING TO POLLUTION OF WATERS INJURING FISH AND SHELLFISH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1420, RELATING TO POISONING WATERS OR PRODUCING ELECTRIC CURRENTS TO CATCH FISH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1430, RELATING TO CASTING IMPURITIES IN WATERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-1630, RELATING TO THE UNLAWFUL IMPORTING, POSSESSING, OR SELLING OF CERTAIN FISH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-13-2015, RELATING TO FISH SANCTUARY IN ST. STEPHEN REDIVERSION CANAL, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-18-285, RELATING TO TAMPERING, DAMAGING, VANDALIZING, POISONING, OR STEALING OF AQUACULTURE PRODUCTS OR FACILITIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-19-251, RELATING TO SLADE LAKE FISHING AND RECREATIONAL REQUIREMENTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-19-590, RELATING TO FISHING NEAR THE GREENWOOD POWER PLANT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 50-19-1190, RELATING TO THE SHELLY LAKE FISH SANCTUARY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-21-112, RELATING TO BOATING UNDER THE INFLUENCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 50-21-113, RELATING TO BOATING UNDER THE INFLUENCE RESULTING IN PROPERTY DAMAGE, GREAT BODILY INJURY, OR DEATH, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-21-117, RELATING TO THE OPERATION OF A WATER DEVICE WHILE PRIVILEGES ARE SUSPENDED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 50-23-385, RELATING TO HOUSEBOATS WITH WASTE-HOLDING TANKS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-1-40, RELATING TO CIRCUSES, CARNIVALS, AND TRAVELING SHOWS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-13-10, RELATING TO THE OPERATION OF DANCE HALLS ON SUNDAY FORBIDDEN, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 52-13-40, RELATING TO DANCE HALLS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 54-11-50, RELATING TO DESTROYING, DAMAGING, OR OBSTRUCTING MONUMENTS OR BUILDINGS OF UNITED STATES COAST SURVEYS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-1-40, RELATING TO UNLAWFUL ENTRY OF AIRCRAFT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-1-100, RELATING TO OPERATING OR ACTING AS A FLIGHT CREW MEMBER OF AN AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 55-13-40, RELATING TO TRESPASSING, PARKING, DRIVING, OR DRAG RACING ON AIRPORT PROPERTY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-350, RELATING TO FAILURE TO RETURN A CANCELED OR SUSPENDED DRIVER'S LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-1-450, RELATING TO PENALTIES FOR UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF A LICENSE IS MANDATORY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-1-460, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE IS CANCELLED, SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-1-2070, RELATING TO DRIVING COMMERCIAL MOTOR VEHICLES WITHOUT A VALID LICENSE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-3-1910, RELATING TO FORGERY OF LICENSE PLATES FOR HANDICAPPED PERSONS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-3-1960, RELATING TO TEMPORARY AND PERMANENT PARKING PLACARDS, ILLEGAL DUPLICATION OR FORGERY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-3-5400, RELATING TO THE FRATERNAL ORDER OF POLICE SPECIAL LICENSE PLATES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-5-2930, RELATING TO DRIVING UNDER THE INFLUENCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-5-2933, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-5-2945, RELATING TO FELONY DRIVING UNDER THE INFLUENCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 56-9-340, RELATING TO FAILURE TO SURRENDER A LICENSE AND REGISTRATION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER REGISTRATION AND PLATES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-10-250, RELATING TO THE UNLAWFUL SELLING OF A VEHICLE WITH A SUSPENDED REGISTRATION TO FAMILY MEMBERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-10-260, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 56-10-520, RELATING TO OPERATING A MOTOR VEHICLE WITHOUT PAYING THE UNINSURED MOTOR VEHICLE FEE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 57-7-20, RELATING TO PUTTING FOREIGN SUBSTANCES ON HIGHWAYS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 57-13-110, RELATING TO INJURY TO OR DESTRUCTION OF BRIDGES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 57-17-110, RELATING TO COUNTY APPORTIONMENT OF ROAD FUNDS THROUGH THE FISCAL YEAR, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-15-840, RELATING TO TAKING OR REMOVING BRASSES, BEARINGS, WASTE, OR PACKING FROM RAILROAD CARS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-17-2760, RELATING TO RAILROADS, AND CONNECTING CARRIERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-17-4090, RELATING TO OBSTRUCTION OF A RAILROAD, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-23-80, RELATING TO MOTOR VEHICLE CARRIERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 58-23-920, RELATING TO INSURANCE REQUIRED OF OWNERS OF MOTOR VEHICLES TRANSPORTING GOODS FOR HIRE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 59-5-130, RELATING TO THE STATE BOARD OF EDUCATION, MEMBERS PROHIBITED FROM CONTRACTING WITH THE BOARD, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-19-310, RELATING TO EXERCISING THE OFFICE OF A SCHOOL TRUSTEE AFTER TERMINATION OF OFFICE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-25-30, RELATING TO OFFICIALS NOT PERMITTED TO DESIGNATE PLACES FOR TEACHERS TO BOARD OR LIVE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-29-560, RELATING TO SCHOOL DISBURSEMENT OF AND ACCOUNTABILITY FOR FUNDS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-31-590, RELATING TO SCHOOL PERSONNEL NOT PERMITTED TO ACT AS AGENTS FOR PUBLISHERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-120, RELATING TO THE PROHIBITION OF TAMPERING WITH SCHOOL BUS GOVERNORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-210, RELATING TO UNLAWFUL SCHOOL BUS PASSING OF ANOTHER SCHOOL BUS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-67-280, RELATING TO TRANSPORTATION OF PUPILS AND SCHOOL BUSES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-69-260, RELATING TO OFFICIALS PROHIBITED FROM ACQUIRING INTEREST IN CLAIMS OR CONTRACTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-111-180, RELATING TO MISREPRESENTATION OF SCHOLARSHIP ELIGIBILITY, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-116-80, RELATING TO IMPERSONATION OF A CAMPUS POLICE OFFICER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 59-150-250, RELATING TO UNLAWFUL LOTTERY TICKET SALES TO A MINOR OR ACCEPTING A LOTTERY PRIZE WHILE INCARCERATED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 59-152-150, RELATING TO STANDARD FISCAL ACCOUNTABILITY SYSTEM DISBURSEMENTS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-2-240, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, INTERFERENCE WITH OFFICERS AND ABUSIVE LANGUAGE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-2-250, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-20, RELATING TO THE SALE OF ALCOHOL WITHOUT TAXES LEVIED, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-160, RELATING TO DISCOUNT PRICING FOR ON-PREMISES ALCOHOL CONSUMPTION, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-560, RELATING TO BEER, ALE, PORTER, WINE, AND OPERATION WITHOUT A PERMIT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-600, RELATING TO SURRENDER OF BEER OR WINE SALES LICENSES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-610, RELATING TO UNLAWFUL SALES OF BEER AND WINE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-780, RELATING TO PROVISIONS AFFECTING WINE SALES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-4-910, RELATING TO PROVISIONS AFFECTING BEER, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4010, RELATING TO UNLAWFUL MANUFACTURE, POSSESSION, OR SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4025, RELATING TO POSSESSION OF UNLAWFULLY ACQUIRED OR MANUFACTURED ALCOHOLIC LIQUORS IN A VEHICLE, VESSEL, OR AIRCRAFT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4030, RELATING TO TRANSPORTATION OF ALCOHOLIC LIQUORS IN A VEHICLE FOR HIRE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4040, RELATING TO RENDERING AID IN UNLAWFUL TRANSPORTATION OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4050, RELATING TO PURCHASE FROM UNLICENSED ALCOHOL RETAIL DEALERS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4060, RELATING TO UNLICENSED STORAGE OF ALCOHOLIC LIQUORS IN A PLACE OF BUSINESS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4100, RELATING TO DISTILLERIES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4110, RELATING TO KNOWINGLY PERMITTING A DISTILLERY ON PREMISES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4120, RELATING TO MATERIALS USED IN THE MANUFACTURE OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4130, RELATING TO PRESENCE AT A DISTILLERY PRIMA FACIE EVIDENCE OF GUILT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4140, RELATING TO EMPLOYMENT OF PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4150, RELATING TO THE SALE OF ALCOHOLIC LIQUORS FROM A VEHICLE, VESSEL, OR AIRCRAFT, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4160, RELATING TO SUNDAY AND CHRISTMAS DAY SALES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4170, RELATING TO BILLBOARDS ENCOURAGING UNDERAGE DRINKING, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-6-4180, RELATING TO POSSESSION OF A FIREARM OR WEAPON BY SELLERS OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4200, RELATING TO DISPOSSESSION OR ATTEMPTED DISPOSSESSION OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4550, RELATING TO DISCOUNTING OF PRICES OF ALCOHOLIC LIQUORS, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 61-6-4700, RELATING TO CONSUMPTION OF ALCOHOLIC LIQUOR ON PREMISES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR VIOLATIONS; TO AMEND SECTION 61-8-50, RELATING TO CONTEMPT PROCEEDINGS RELATED TO REGULATION OF ALCOHOL SALES, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 63-19-1670, RELATING TO CONTRABAND IN THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 63-19-2420, RELATING TO JUVENILES LOITERING IN A BILLIARD ROOM, SO AS TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; AND BY ADDING ARTICLE 13 TO CHAPTER 22, TITLE 17 SO AS TO ENACT THE "DRUG COURT PROGRAM ACT", TO DIRECT EACH CIRCUIT SOLICITOR TO ESTABLISH A DRUG COURT PROGRAM FOR ADULTS AND JUVENILES, TO PROVIDE CRITERIA FOR THE ELIGIBILITY OF PERSONS CHARGED WITH NONVIOLENT OFFENSES, TO ALLOW EACH CIRCUIT SOLICITOR TO ESTABLISH AN OFFICE OF DRUG COURT PROGRAM COORDINATOR, TO DIRECT THE COMMISSION ON PROSECUTION COORDINATION TO ESTABLISH A STATE OFFICE OF DRUG COURT COORDINATION, TO PROVIDE FOR FEES FOR PARTICIPATION IN A DRUG COURT PROGRAM, TO PROVIDE FOR ANNUAL REPORTS DETAILING THE ACTIVITIES OF DRUG COURT PROGRAMS TO THE COMMISSION ON PROSECUTION COORDINATION, WITH A COPY PROVIDED TO THE SENTENCING REFORM OVERSIGHT COMMITTEE, AND TO PROVIDE FOR THE APPOINTMENT OF DRUG COURT JUDGES AND THEIR COMPENSATION.
Reps. MURPHY, MCCOY, CRAWFORD, CLEMMONS, CLARY, JOHNSON, ELLIOTT, TALLON, LONG, DAVIS, MARTIN, FELDER, B. NEWTON, FORREST, MACE, KIMMONS, CHELLIS, BENNETT, BROWN, WEEKS, JORDAN, ROSE, MCCRAVY, GILLIAM and CASKEY requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4356 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL MECHANICAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. Reps. KING, COBB-HUNTER, BRAWLEY, GARVIN, BAMBERG, SIMMONS, GOVAN, S. WILLIAMS, GILLIARD, LONG and BROWN requested debate on the Bill.
The following Joint Resolution was taken up:
H. 4357 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4868, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4358 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO NATIONAL ELECTRICAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4867, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up: H. 4359 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4866, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4360 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR LICENSURE; AND MINOR CORRECTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4857, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4361 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4824, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4362 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO DENIAL OF CERTIFICATION FOR MISCONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4363 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO WITHDRAWAL OF CERTIFICATION OF LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4812, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4365 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4841, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4366 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO REQUIREMENTS FOR STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up: H. 4367 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4834, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4368 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4816, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up:
H. 4369 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO TRANSPORTATION PROJECT PRIORITIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Bill, which was agreed to.
The following Joint Resolution was taken up: H. 4370 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING CRISIS STABILIZATION UNIT FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4809, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution, which was agreed to.
The following Bill was taken up:
H. 4380 (Word version) -- Reps. Rose, Caskey, Huggins, Bales, Anderson, Crawford, Moore, Hewitt and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SAMANTHA L. JOSEPHSON RIDESHARING SAFETY ACT"; AND TO AMEND SECTION 58-23-1640, RELATING TO THE SAFETY INSPECTION OF TRANSPORTATION NETWORK COMPANY (TNC) VEHICLES, SO AS TO REQUIRE TNC VEHICLES IN THIS STATE TO POSSESS AND DISPLAY CERTAIN ILLUMINATED SIGNAGE AT ALL TIMES WHEN THE TNC DRIVER IS ACTIVE.
Reps. FORRESTER, SANDIFER and BURNS proposed the following Amendment No. 1 to H. 4380 (Word version) (COUNCIL\DG\4380C002. NBD.DG19):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 58-23-1650(B)(4) of the 1976 Code is amended to read:
"(4) conduct, or have a third party conduct, a local a state criminal records check, supported by fingerprints, by the State Law Enforcement Division (SLED) and a national criminal background records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI), both of which were conducted within thirty days of the TNC initially approving the TNC driver and within thirty days of the requalification period set forth in subsection (C), as applicable. The results of these criminal records check must be reported to the Office of Regulatory Staff. SLED is authorized to store the prints for notification purposes for each applicant that must include:
(a) a multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(b) national sex offender registry database search; and" /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER explained the amendment.
Reps. G. R. SMITH, MAGNUSON, LONG, BENNETT and MCKNIGHT requested debate on the Bill.
The following Bill was taken up:
H. 4384 (Word version) -- Reps. Herbkersman and W. Newton: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO ADD TWO 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.
Rep. W. NEWTON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hixon Hosey Howard Hyde Jefferson Johnson Jordan Kimmons King Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor 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.
The following Bill was taken up: H. 3577 (Word version) -- Reps. Allison, Taylor and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE EDUCATOR PREPARATION PROGRAMS IN INSTITUTIONS OF HIGHER EDUCATION MAY SUBMIT SEPARATE AND DISTINCT EDUCATOR PREPARATION PROGRAMS FOR ALTERNATIVE PREPARATION TO THE STATE BOARD OF EDUCATION FOR APPROVAL, TO PROVIDE THESE PROGRAMS ARE NOT REQUIRED TO BE NATIONALLY ACCREDITED BUT MUST MEET CERTAIN OTHER REQUIREMENTS, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION ANNUALLY SHALL REPORT RELATED DATA TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY; AND TO AMEND SECTION 59-26-20, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING THE TRAINING, CERTIFICATION, AND EVALUATION OF PUBLIC EDUCATORS, SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING A CYCLICAL EVALUATION PROCESS FOR APPROVED TEACHER EDUCATOR PROGRAMS, AND TO PROVIDE RELATED REQUIREMENTS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3577 (Word version) (COUNCIL\WAB\ 3577C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:
"Section 59-25-25. (A) The State Board of Education is authorized to approve alternative route providers and programs for educator preparation and certification. The board shall establish guidelines that must include a timely review of all programs and providers and the guidelines must allow for differentiated designs and delivery methodologies of both providers and individual programs. Educator preparation programs housed within an institution of higher education (IHE) may be approved as an alternative route provider and may submit a separate and distinct educator preparation program for alternative certification to the State Board of Education and the Commission on Higher Education for approval. These alternative preparation programs are not required to be nationally accredited, but, consistent with other alternative preparation programs, IHE-led alternative programs must include, but are not limited to, documented evidence of the following:
(1) budget and sources of revenue including fees paid by the candidates;
(2) organizational information including the names and qualifications of administrators, support staff, and faculty;
(3) entry requirements for candidates for each certification area program offered by the applicant; (4) plans for curriculum offerings including delivery method and timeframe, field placements, field supervision plans, and assessments of success;
(5) partnerships with public schools for clinical experiences, if applicable, including signed memoranda of agreement with detailed responsibilities for the alternative route educator provider program and the school district;
(6) evidence of annual successful teaching experience by the candidates and progress toward obtaining a professional certificate;
(7) ongoing monitoring of candidates' performances in the classroom while in the alternative route program; and
(8) mentoring provided by the educator preparation program.
(B) The department annually shall report the total number of individuals employed in this State, by district, with certificates issued by IHE alternative programs to the State Board of Education and the General Assembly before March thirty-first of each year."
SECTION 2. Section 59-26-20 of the 1976 Code is amended by adding a subsection at the end to read:
"( )(1) The State Board of Education, through the State Department of Education, shall develop and implement a plan for the cyclical evaluation process for all alternative route educator preparation providers and programs every seven years. Institutions of higher education that are approved providers the by Commission on Higher Education must be consulted in the cyclical evaluation process. The plan must include requirements for initial and continuing approval and must include evidence of annual successful teaching experience of educators differentiated by program. The board shall include a process for revocation of program approval, continuous evaluation and upgrading of standards for program approval for all alternative route providers and programs;
(2) For purposes of this section:
(a) an alternative certification provider is defined as the entity responsible for the preparation of educators; and
(b) an alternative certification program is defined as a sequence of academic courses and experiences leading to a state certification."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
Rep. TAYLOR explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hiott Hixon Hosey Howard Huggins Hyde Jordan Kimmons King Ligon 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 Sandifer Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Thayer Toole Trantham Weeks Wheeler Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Simmons White
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. D. C. MOSS a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3403 (Word version) -- Reps. Collins, Allison, Felder, Govan, Taylor, Bradley, West, Erickson, Stringer and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, AND PROVIDE RELATED REQUIREMENTS FOR COMPETENCY-BASED SCHOOLS, THE STATE DEPARTMENT OF EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION.
Reps. KING, COBB-HUNTER, BRAWLEY, MOORE, S. WILLIAMS, HILL, MACK, DILLARD, FRY, TAYLOR, GARVIN, FELDER, GOVAN, BAMBERG, GILLIARD, HIOTT, HOSEY, CLYBURN and LONG requested debate on the Bill.
The following Bill was taken up: H. 3757 (Word version) -- Reps. Lucas, Collins and Calhoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-2040 SO AS TO PROVIDE DEFINITIONS, TO ESTABLISH THE WORKFORCE AND EDUCATION DATA OVERSIGHT COMMITTEE; TO PROVIDE THE FUNCTIONS OF THE COMMITTEE, TO PROVIDE THAT CERTAIN DEPARTMENTS SHALL SUBMIT CERTAIN DATA TO THE REVENUE AND FISCAL AFFAIRS OFFICE, TO PROVIDE FOR THE USES OF THE DATA COLLECTED, TO PROVIDE FOR ADMINISTRATIVE OVERSIGHT, TO PROVIDE FOR AUDITS, AND TO PROVIDE THAT INDIVIDUAL LEVEL DATA MAY NOT BE RELEASED; AND TO AMEND SECTION 13-1-2030, RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, SO AS TO DELETE REFERENCES TO DESIGNEES ON THE COORDINATING COUNCIL.
Reps. LUCAS, ALLISON, FELDER, FORREST, BLACKWELL, TAYLOR, HIXON, CLARY, HIOTT, FRY, CRAWFORD, BAILEY, MAGNUSON, DAVIS, CLYBURN, GOVAN, WEEKS, BROWN, BRAWLEY, HILL, THAYER, WEST and SANDIFER requested debate on the Bill.
The following Bill was taken up:
H. 3174 (Word version) -- Reps. Elliott, Tallon, G. R. Smith, Taylor, Cogswell, Dillard, Norrell, Felder, Daning and Hixon: A BILL TO AMEND SECTION 56-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS ASSOCIATED WITH THE POWERS AND DUTIES OF THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "ELECTRIC-ASSIST BICYCLES" AND "BICYCLES WITH HELPER MOTORS"; AND BY ADDING SECTION 56-5-3520 SO AS TO PROVIDE THAT BICYCLISTS OPERATING ELECTRIC-ASSIST BICYCLES SHALL BE SUBJECT TO ALL STATUTORY PROVISIONS APPLICABLE TO BICYCLISTS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3174 (Word version) (COUNCIL\CM\3174C001. GT.CM19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/SECTION 1. Section 56-1-10 of the 1976 Code is amended by adding the following appropriately numbered item at the end:
"( ) 'Electric-assist bicycles' and 'bicycles with helper motors' mean low-speed electrically assisted bicycles with two or three wheels, each having fully operable pedals and an electric motor of no more than 750 watts, or one horsepower, and a top motor-powered speed of less than twenty miles an hour when operated by a rider weighing one hundred seventy pounds on a paved level surface, that meet the requirements of the Federal Consumer Product Code provided in 16 C.F.R., Part 1512, and that operate in a manner such that the electric motor disengages or ceases to function when their brakes are applied. Manufacturers and distributors of electric-assist bicycles shall apply a label that is affixed permanently, in a prominent location, to each electric-assist bicycle, indicating its wattage and maximum electrically assisted speed. The owner or user of an electric-assist bicycle shall not remove or tamper with the label. If a user tampers with or modifies an electric-assist bicycle, changing the speed capability, he must replace the label indicating the vehicle's wattage or horsepower. Electric-assist bicycles and bicycles with helper motors are not mopeds. /
Renumber sections to conform.
Amend title to conform.
Rep. BENNETT 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 Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson McCoy McCravy McGinnis McKnight Moore Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Martin
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 514 (Word version) -- Senators Alexander and Peeler: A BILL TO AMEND ARTICLE 140 OF CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CLEMSON UNIVERSITY 2016 FOOTBALL NATIONAL CHAMPIONS SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE FOR THE ISSUANCE OF "CLEMSON UNIVERSITY 2018 FOOTBALL NATIONAL CHAMPIONS" SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES.
Rep. BENNETT explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer 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.
The following Bill was taken up: 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.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 4318 (Word version) (H:\LEGWORK\HOUSE\AMEND\COUNCIL\CZ\4318C003.JN.CZ19.docx), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. Article 3, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-590. (A) The weekend preceding the start of a game zone turkey season is declared to be 'Youth Turkey Weekend' within the game zone for turkey hunters under eighteen years of age.
(B) A license or tag requirement is waived for a youth turkey hunter on Youth Turkey Weekend.
(C) The bag limit on Youth Turkey Weekend is one male wild turkey, which shall count towards the season bag limit.
(D) Youth turkey hunters who have not completed the hunter education program pursuant to Section 50-9-310, and who hunt on Youth Turkey Weekend, must be accompanied by an adult who is at least twenty-one years of age. An adult may not harvest or attempt to harvest turkeys during Youth Turkey Weekend but is permitted to call turkeys for a youth turkey hunter." /
Amend the bill further, SECTION 5, by striking Section 50-9-640(A)(2) and inserting:
/ "(2) nonresident is one hundred dollars per set of two tags, one dollar of which may be retained by the license sales vendor." /
Amend the bill further, SECTION 7, by striking Section 50-11-546(G) and inserting:
/ "(G) A person who violates this section or provisions established by the department for electronic harvest reporting is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars." /
Amend the bill further by striking SECTION 8 and inserting:
/ SECTION 8. Section 50-9-1120(2) is amended by adding an appropriately lettered item at the end to read:
"( ) failing to report the harvest of wild turkey as required by Section 50-11-546: 6."
SECTION 9. SECTION 7 of this act takes effect on January 1, 2021. The remaining SECTIONS of this act take effect July 1, 2019. /
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 Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Calhoon Caskey Chellis Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simrill Sottile Spires Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Simmons
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: 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, Gilliard and Henegan: 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.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 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.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3703 (Word version) (COUNCIL\WAB\3703C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, Section 40-45-230(G), as contained in SECTION 1, by deleting the subsection in its entirety and inserting:
/ "(G) If an applicant fails the examination, whether or not taken in South Carolina, the applicant may take the examination a second time on payment of the examination fee and completion of an official application. If the applicant fails the examination for a second time, whether or not taken in this State, the applicant may take the examination a third time on payment of the examination fee and completion of an official application. If an applicant fails the examination a third time, whether or not taken in this State, the applicant may take the examination a fourth time on payment of the examination fee and completion of an official application. If an applicant fails the examination a fourth time, whether or not taken in this State, the applicant may take the examination a fifth time. If an applicant fails the examination a fifth time, the applicant, in addition to the requirements for the previous examination, must take courses the board may require and furnish evidence of completing these courses before taking the examination a sixth time. /
Renumber sections to conform.
Amend title to conform.
Rep. PARKS 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 Atkinson Bailey Ballentine Bamberg Bannister Bernstein Blackwell Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCravy McGinnis McKnight Moore Morgan V. S. Moss Murphy W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer 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.
The following Bill was taken up: 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, Gilliard, Govan and B. Newton: 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.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 3728 (Word version) (COUNCIL\VR\3728C001.CC.VR19), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting:
/ Whereas, the South Carolina General Assembly is committed to combatting the opioid epidemic occurring within this State; and
Whereas, the South Carolina General Assembly has enacted and is working to enact legislation aimed at stemming the misuse of opioids in South Carolina; and
Whereas, collecting information related to opioid use and misuse helps those working to better understand the complexities of substance abuse disorders and enables those working with patients suffering from this disease to develop strategies for treatment, education, and care; and
Whereas, the purpose of this legislation is to provide data to health care professionals treating patients who have been diagnosed with an opioid overdose and received an antidote in response to that overdose; and
Whereas, the South Carolina General Assembly intends for the information collected pursuant to this law to be used by health care professionals to assist patients in getting appropriate treatment including, but not limited to, treatment for substance abuse disorder; and
Whereas, the General Assembly intends further that the information collected pursuant to this law should not be used as the sole determining factor in a decision regarding whether to treat or refuse to treat a patient suffering from an opioid misuse. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 130, Title 44 of the 1976 Code is amended by adding:
"Section 44-130-80. (A) If a person is administered an opioid antidote in a hospital emergency department or other health care facility and the supervising physician diagnoses the patient as having experienced an opioid overdose, the health care facility, as defined in Section 44-7-130, shall report to the department's Bureau of Drug Control information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:
(1) date the opioid antidote was administered; and
(2) name, address, and date of birth of the person to whom the opioid antidote was administered.
(B) The health care facility, as defined in Section 44-7-130, shall submit the information required pursuant to subsection (A) electronically or by facsimile to Drug Control within thirty days after a discharge diagnosis of an opioid overdose and administration of an opioid antidote.
(C)(1) After a health care facility, as defined in Section 44-7-130, submits the name, address, and date of birth of a person to whom an opioid antidote was administered as required by subsection (A), Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person.
(2) Drug Control also shall maintain data on the administering of opioid antidotes as required by this section including, but not limited to, the frequency with which opioid antidotes are administered in hospital emergency departments as required pursuant to subsection (A) and other health care facilities by geographic location."
SECTION 2. Section 44-130-60 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( )(1) A first responder who administers an opioid antidote as provided in this section shall report to the department's Bureau of Emergency Medical Services information regarding the opioid antidote administered for inclusion in the prescription monitoring program. The information submitted must include:
(a) date the opioid antidote was administered; and
(b) name, address, and date of birth of the person to whom the opioid antidote was administered, if available. (2) A first responder shall submit the information required pursuant to item (1) electronically or by facsimile to the Bureau of Emergency Services within thirty days of administration. The Bureau of Emergency Medical Services shall transmit the information to the department's Bureau of Drug Control.
(3)(a) If a first responder submits the name, address, and date of birth of a person to whom an opioid antidote was administered, Drug Control shall verify whether any prescription history of the person appears in the prescription monitoring program and, if prescription history exists, shall document for review by a practitioner or an authorized delegate the date on which the opioid antidote was administered to the person.
(b) Drug Control also shall maintain data on the administering of opioid antidotes by first responders including, but not limited to, the frequency with which first responders administer opioid antidotes by geographic location, first responder, and dispenser."
SECTION 3. Section 44-53-1640(A) of the 1976 Code is amended to read:
"(A) The Department of Health and Environmental Control, Bureau of Drug Control shall establish and maintain a program to monitor the prescribing and dispensing of all Schedule II, III, and IV controlled substances by professionals licensed to prescribe or dispense these substances in this State and the administering of opioid antidotes pursuant to Sections 44-130-60 and 44-130-80."
SECTION 4. Section 44-53-1645(A) of the 1976 Code is amended to read:
"(A) A practitioner, or the practitioner's authorized delegate, shall review a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient pursuant to Section 44-130-60 or 44-130-80, as maintained in the prescription monitoring program, before the practitioner issues a prescription for a Schedule II controlled substance. If an authorized delegate reviews a patient's controlled substance prescription history and history of the administering of an opioid antidote to the patient as provided in this subsection, the practitioner must consult with the authorized delegate regarding the prescription and opioid antidote administering history before issuing a prescription for a Schedule II controlled substance. The consultation must be documented in the patient's medical record."
SECTION 5. This act takes effect one year after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HART explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin McCoy McGinnis McKnight Moore Morgan V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer 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.
The following Bill was taken up:
H. 4004 (Word version) -- Reps. Clary, G. M. Smith, Lucas, Ridgeway, Gilliard and Moore: 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.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4004 (Word version) (COUNCIL\VR\4004C001.CC.VR19), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-80-20(A) and inserting:
/ Section 44-80-20. (A) There is established a Physician Orders for Scope of Treatment (POST) Advisory Council composed of:
(1) a representative of the South Carolina Medical Association;
(2) a representative of the South Carolina Hospital Association;
(3) a representative of the South Carolina Nurses Association;
(4) a representative of Leading Age South Carolina;
(5) a representative of the South Carolina Department of Health and Environmental Control;
(6) a representative of South Carolina Healthcare Ethics Network;
(7) a representative of The Carolinas Center for Hospice and End of Life Care;
(8) a representative of the South Carolina Society of Chaplains;
(9) a representative of the American Association of Retired Persons (AARP);
(10) a representative of the South Carolina Department on Aging;
(11) a representative of the South Carolina Department of Health and Human Services;
(12) a representative of the South Carolina Bar;
(13) a representative of the South Carolina Home Care and Hospice Association; and
(14) members as appointed by the department. /
Renumber sections to conform.
Amend title to conform.
Rep. HART explained the amendment.
The amendment was then adopted.
Rep. MORGAN proposed the following Amendment No. 2 to H. 4004 (Word version) (COUNCIL\VR\4004C003.CC.VR19), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Sections 44-80-20 through 44-80-40 and inserting:
/ Section 44-80-20. The department shall:
(1) oversee the POST form and its future iterations; (2) display a printable sample of the POST form currently being used by the department on the department's or a designee's publicly accessible website, along with any related information the department chooses to post; however, if posted on a designee's website, the department shall post a link on its website to the form and any related information;
(3) develop a statewide, uniform process for identifying a patient who has executed any advance directive, a POST form, or a combination of advance directives and a POST form;
(4) develop a process for collecting feedback to facilitate the periodic redesign of the POST form in accordance with current health care best practices;
(5) develop POST-related education efforts for health care professionals and the public; and
(6) promulgate regulations necessary to perform the duties assigned and ensure compliance with the provisions of this chapter.
Section 44-80-30. (A) The POST form must be a uniform document based on the standards recommended by the National Physician Order for Life-Sustaining Treatment (POLST) paradigm and must include the information set forth in subsection (C).
(B) A copy, facsimile, or electronic version of a completed POST form is considered to be legal.
(C) The POST form must include the following information:
(1) patient name and contact information;
(2) date of birth;
(3) effective date of form;
(4) diagnosis;
(5) treatment plan;
(6) health care representative or health care agent contact information;
(7) CPR preference;
(8) medical intervention preferences;
(9) preferences for antibiotics; and
(10) assisted nutrition and hydration preferences. Section 44-80-40. (A) A POST form executed in South Carolina as provided in this chapter, or a similar form executed in another jurisdiction in compliance with the laws of that jurisdiction, must be deemed a valid expression of a patient's wishes as to health care. A South Carolina health care provider or health care facility may accept a properly executed POST form as a valid expression of whether the patient consents to the provision of health care in accordance with Section 44-66-60 of the Adult Health Care Consent Act.
(B) A health care provider or health care facility that is unwilling to comply with an executed POST form based on policy, religious beliefs, or moral convictions shall contact the patient's health care representative, health care agent, or the person authorized to make health care decisions for the patient pursuant to Section 44-66-30 of the Adult Health Care Consent Act, and the health care provider or health care facility shall allow the transfer of the patient to another health care provider or health care facility.
(C) A health care provider including, but not limited to, a physician, physician assistant, advance practice registered nurse, registered nurse, or emergency medical technician, who in good faith complies with a POST form, is not subject to criminal prosecution, civil liability or disciplinary penalty for complying with the POST form executed in accordance with this chapter and the Adult Health Care Consent Act. /
Amend the bill further, as and if amended, SECTION 2, Section 44-80-90, by adding an appropriately lettered subsection at the end to read:
/ (C) The execution of a POST form is always voluntary and is for a person with an advanced illness. The POST form records a patient's wishes for medical treatment in the patient's current state of health. Preferred medical treatment as stated by the patient on the POST form may be changed at any time by the patient or a designated health care representative or health care agent of the patient to reflect the patient's new wishes. While no form can anticipate and address all medical treatment decisions that may need to be made, an advance health care directive applies regardless of health status. An advance directive allows a patient to document in detail future health care instructions and to name a health care agent to speak on the patient's behalf if the patient is unable to communicate to ensure that the patient's advance directive wishes as to life-sustaining medical treatment are fulfilled. /
Renumber sections to conform.
Amend title to conform.
Rep. MORGAN 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 Atkinson Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore Morgan V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Rose Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wheeler White Whitmire R. Williams Willis Wooten
Bailey Hardee Toole
So, the Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Reps. BANNISTER, STAVRINAKIS, FORREST, CRAWFORD, DILLARD, G. R. SMITH, HUGGINS, CALHOON, CASKEY, BRADLEY, MACE, TRANTHAM, KIMMONS and CLEMMONS withdrew their requests for debate on H. 3998 (Word version); however, other requests for debate remained on the Bill.
Reps. MAGNUSON, MCKNIGHT, G. R. SMITH and BENNETT withdrew their requests for debate on the following Bill:
H. 4380 (Word version) -- Reps. Rose, Caskey, Huggins, Bales, Anderson, Crawford, Moore, Hewitt and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SAMANTHA L. JOSEPHSON RIDESHARING SAFETY ACT"; AND TO AMEND SECTION 58-23-1640, RELATING TO THE SAFETY INSPECTION OF TRANSPORTATION NETWORK COMPANY (TNC) VEHICLES, SO AS TO REQUIRE TNC VEHICLES IN THIS STATE TO POSSESS AND DISPLAY CERTAIN ILLUMINATED SIGNAGE AT ALL TIMES WHEN THE TNC DRIVER IS ACTIVE.
Rep. MURPHY asked unanimous consent to recall H. 3827 (Word version) from the Committee on Judiciary.
Rep. STAVRINAKIS objected.
Rep. HIOTT asked unanimous consent to recall H. 4327 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. FORRESTER objected.
Rep. HIOTT asked unanimous consent to recall S. 105 (Word version) from the Committee on Judiciary.
Rep. S. WILLIAMS objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3420 (Word version) -- Reps. Bernstein, Finlay, Thayer, West, Clemmons and Simmons: A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2006", SO AS TO PROHIBIT MINORS FROM ENTERING RETAIL ESTABLISHMENTS THAT PRIMARILY SELL TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, OR BOTH; AND TO AMEND SECTION 16-17-501, RELATING IN PART TO THE DEFINITION OF "ALTERNATIVE NICOTINE PRODUCT", SO AS TO CHANGE THE DEFINITION.
Rep. BERNSTEIN proposed the following Amendment No. 1A to
H. 3420 (Word version) (COUNCIL\WAB\3420C002.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, SECTION 1, by deleting Section 16-17-500(F)(1)(c) and (d).
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
Rep. FELDER moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 3661 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-320 SO AS TO CLARIFY THE MEANING OF THE TERM "CONTIGUOUS" WHEN A MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE BORDERS OF A SPECIAL PURPOSE DISTRICT ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO LOCATED WITHIN THE SAME SPECIAL PURPOSE DISTRICT AS THE ANNEXING MUNICIPALITY.
Rep. MCCOY moved to adjourn debate on the Bill until Tuesday, April 16, which was agreed to.
The following Joint Resolution was taken up:
H. 4357 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL RESIDENTIAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4868, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4358 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO NATIONAL ELECTRICAL CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4867, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4359 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BUILDING CODES COUNCIL, RELATING TO INTERNATIONAL FUEL GAS CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4866, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4360 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR LICENSURE; AND MINOR CORRECTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4857, PURSUANT TO THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4361 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOME INSTALLATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4824, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4362 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO DENIAL OF CERTIFICATION FOR MISCONDUCT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4813, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up: H. 4363 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO WITHDRAWAL OF CERTIFICATION OF LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4812, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO ADDITIONAL REGULATIONS APPLICABLE TO SPECIFIC PROPERTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4365 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4841, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Bill until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4366 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO REQUIREMENTS FOR STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4838, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4367 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE AND SPECIAL USE RESTRICTIONS ON WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4834, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Bill until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4368 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 4816,
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4369 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO TRANSPORTATION PROJECT PRIORITIZATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4839, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Joint Resolution was taken up:
H. 4370 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING CRISIS STABILIZATION UNIT FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4809, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HUGGINS moved to adjourn debate on the Joint Resolution until Wednesday, April 10, which was agreed to.
The following Bill was taken up: 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.
Rep. WHITE moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3730 (Word version) -- Reps. Fry, West, G. R. Smith, Johnson, Hardee, Dillard, Robinson, Garvin, S. Williams, Sandifer, Martin, W. Newton and B. Newton: 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".
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3730 (Word version) (COUNCIL\VR\3730C001.CC.VR19) which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 44-53-370(e) of the 1976 Code is amended by adding an appropriately numbered item at the end:
"( ) four grams or more of fentanyl is guilty of a felony which is known as 'trafficking in fentanyl' and, upon conviction, must be punished as follows:
(a) for a first offense, a term of imprisonment of not more than ten years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second or subsequent offense, a term of imprisonment of not more than twenty years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars." /
Renumber sections to conform.
Amend title to conform.
Rep. FRY explained the amendment.
Rep. G. M. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
REP. FRY MOVED TO WAIVE RULE 5.10, PURSUANT TO RULE 5.15.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bernstein Blackwell Bradley Brown Bryant Calhoon Caskey Chellis Clemmons Cogswell Collins W. Cox Crawford Daning Davis Elliott Erickson Forrest Fry Funderburk Gagnon Gilliam Hardee Hewitt Hixon Huggins Hyde Jordan Kimmons Ligon Mace Martin McCoy McCravy McGinnis Morgan Murphy B. Newton Pendarvis Pope Spires Tallon Weeks West Wooten
Those who voted in the negative are:
Alexander Atkinson Bamberg Bannister Bennett Brawley Burns Chumley Clary Clyburn Cobb-Hunter Dillard Felder Garvin Gilliard Govan Hayes Henderson-Myers Henegan Hill Hiott Hosey Howard Jefferson King Kirby Long Lowe Magnuson Moore V. S. Moss Norrell Ott Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith Sottile Stavrinakis Stringer Taylor Thayer Toole Trantham White Whitmire R. Williams S. Williams Willis
So, Rule 5.10 was not waived, pursuant to Rule 5.15
Rep. G. M. SMITH moved to reconsider the vote whereby the House refused to waive Rule 5.10, pursuant to Rule 5.15.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Moore Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, Rule 5.10 was waived, pursuant to Rule 5.15.
The question then recurred to the adoption of Amendment No. 1.
The amendment was then adopted.
Rep. FRY proposed the following Amendment No. 2 to H. 3730 (Word version) (COUNCIL\VR\3730C003.CC.VR19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-53-190(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:
(A) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(C) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(D) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
(E) replacement of the N-propionyl group by another acyl group.
This definition includes, but is not limited to, the following substances:
Methylacetyl fentanyl, Alpha-methylfentanyl, Methylthiofentanyl, Benzylfentanyl, Beta-hydroxyfentanyl, Beta-hydroxy-3-methylfentanyl, 3-Methylfentanyl, Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta-Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl."
SECTION 2. Section 44-53-370(e) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as 'trafficking in fentanyl' and, upon conviction, must be punished as follows:
(a) for a first offense, a term of imprisonment of not more than ten years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars; and
(b) for a second or subsequent offense, a term of imprisonment of not more than twenty years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. FRY 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 Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore Morgan V. S. Moss Murphy B. Newton W. Newton Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wheeler White Whitmire R. 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 temporarily out of the Chamber on constituent business during the vote on H. 3730 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Eddie Tallon
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
Rep. MCCOY moved to reconsider the vote whereby the following Bill was given second reading, which was agreed to:
H. 3730 (Word version) -- Reps. Fry, West, G. R. Smith, Johnson, Hardee, Dillard, Robinson, Garvin, S. Williams, Sandifer, Martin, W. Newton and B. Newton: 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".
Rep. MCCOY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
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.
Rep. FRY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 3080 (Word version) -- Reps. Stavrinakis, Hosey and Rivers: 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".
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brown Caskey Chellis Clary Clemmons Clyburn Collins W. Cox Daning Davis Dillard Elliott Erickson Forrest Fry Funderburk Gagnon Garvin Gilliam Gilliard Henderson-Myers Hewitt Hill Hixon Hosey Howard Huggins Hyde Jefferson Kimmons Kirby Ligon Lucas Mace Martin McCoy McGinnis Moore B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Weeks West Wheeler White Whitmire S. Williams Wooten
Allison Bennett Bryant Burns Calhoon Chumley Felder Forrester Hardee Hayes Henegan Hiott Jordan Long Lowe Magnuson McCravy Morgan G. R. Smith Stringer Thayer Toole Trantham Willis
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3080 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Gilda Cobb-Hunter
The following Bill was taken up:
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.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3231 (Word version) (COUNCIL\AHB\3231C001.BH.AHB19), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 20-3-10 of the 1976 Code is amended to read:
"Section 20-3-10. No divorce from the bonds of matrimony shall be granted except upon one or more of the following grounds, to wit:
(1) adultery; (2) desertion for a period of one year;
(3) physical cruelty; provided, that this ground shall be construed to include willful or other abhorrent conduct or treatment which destroys or tends to destroy the mental and physical wellbeing, happiness, and welfare of the other and renders continued cohabitation unsafe or intolerable;
(4) habitual drunkenness; provided, that this ground shall be construed to include habitual drunkenness caused by the use of any narcotic drug or illegal or illicit drugs; or
(5) on the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. A plea of res judicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground." /
Renumber sections to conform. Amend title to conform.
Rep. BERNSTEIN explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Jordan King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Moore Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Taylor Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Allison Kimmons Tallon Wheeler
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: 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, Taylor and Stringer: 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 WOMAN 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.
Reps. HIOTT, CLARY, TAYLOR, HIXON, MCCOY, FORREST, BLACKWELL, W. NEWTON, BRYANT, CRAWFORD, HARDEE, GILLIARD, BAILEY, HEWITT, TALLON, HYDE, MAGNUSON, WILLIS, TRANTHAM, V. S. MOSS, G. R. SMITH, STRINGER, BURNS, FORRESTER, ALLISON, CHUMLEY, LONG, COGSWELL, CHELLIS, KIMMONS, MACE, CLYBURN, HOSEY, BAMBERG, COBB-HUNTER, BRAWLEY, HENDERSON-MYERS, MOORE, KING, BROWN, ALEXANDER, RIDGEWAY, WHEELER, NORRELL, S. WILLIAMS, GARVIN, R. WILLIAMS, JEFFERSON, RIVERS, PARKS, HOWARD, MCCRAVY, HENEGAN, BERNSTEIN, THIGPEN, WOOTEN, TOOLE, GILLIAM and WEEKS requested debate on the Bill.
The following Bill was taken up: 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.
Rep. MCCOY moved to adjourn debate on the Bill until Wednesday, April 10, which was agreed to.
The following Bill was taken up:
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.
Rep. HOWARD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins W. Cox Crawford Daning Davis Elliott Erickson Felder Forrest Forrester Fry Gagnon Gilliam Hardee Hewitt Hiott Hixon Huggins Hyde Jordan Kimmons Kirby Ligon Lowe Martin McCravy McGinnis V. S. Moss Murphy B. Newton W. Newton Ott Sandifer Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Trantham White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Bamberg Bernstein Brawley Brown Cobb-Hunter Garvin Gilliard Henderson-Myers Henegan Hosey Howard Jefferson King Long McKnight Moore Parks Pendarvis Rivers Robinson Rose Thigpen R. Williams S. Williams
So, Rule 5.10 was waived, pursuant to Rule 5.15.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3737 (Word version) (COUNCIL\ZW\3737C001.CC.ZW19), which was rejected:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 55-11-320 of the 1976 Code is amended to read:
"Section 55-11-320. The corporate powers and duties of the Richland-Lexington Airport District must be exercised and performed by a commission to be known as Richland-Lexington Airport Commission. The commission must be composed of twelve fourteen members. Five Seven members must be appointed by the Lexington County Legislative Delegation, two of which must be residents of Cayce or West Columbia or Springdale. five Seven members must be appointed by the Richland County Legislative Delegation, and two members must be appointed by the City Council two of which must be residents of the City of Columbia. The members of the commission shall serve for terms of four years and until their successors are appointed. Members may not serve more than two consecutive terms. In the event of a vacancy for any reason, other than the expiration of a term, a successor must be appointed in the same manner of the original appointment for the balance of the unexpired term. Any member may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office after being given a written statement of reasons and an opportunity to be heard. Notwithstanding the expiration of the term of office of any member, he shall continue to serve until his successor shall have been appointed, but any delay in appointing a successor shall not extend the term of the successor. The members of the commission shall serve without compensation, except for their actual and necessary expenses while in performance of duties prescribed under this article."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. SPIRES explained the amendment.
Rep. HOWARD spoke against the amendment.
The amendment was rejected.
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 Bailey Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Cogswell W. Cox Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Gagnon Gilliam Hardee Hewitt Huggins Hyde Jordan Kimmons Ligon Lucas Mace Magnuson Martin McCravy McGinnis V. S. Moss Murphy B. Newton W. Newton Ott Pope Sandifer Simrill Sottile Spires Stringer Tallon Thayer Toole Trantham White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Bamberg Bernstein Brawley Brown Cobb-Hunter Dillard Garvin Gilliard Henderson-Myers Howard Jefferson King Mack McKnight Moore Parks Ridgeway Rivers Robinson Rose Simmons Thigpen R. Williams S. Williams
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: 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.
Rep. MCCRAVY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Hewitt Hixon Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis McKnight Moore V. S. Moss Murphy B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simrill Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Wheeler White Whitmire Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. CLEMMONS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Rose Sandifer Simrill Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West White Whitmire S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
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.
Rep. HAYES explained the Bill.
The yeas and nays were taken resulting as follows:
Alexander Allison Bailey Ballentine Bannister Bernstein Blackwell Bradley Brown Bryant Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Hewitt Hixon Hosey Howard Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis McKnight Moore V. S. Moss B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen 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.
I was temporarily out of the Chamber on constituent business during the vote on H. 4412 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Gilda Cobb-Hunter
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Reps. BALLENTINE, ROBINSON, FINLAY, MAGNUSON and TOOLE withdrew their requests for debate on the following Bill:
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, Henderson-Myers, Simmons and Gilliard: 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.
Reps. DILLARD, WHEELER, OTT, R. WILLIAMS, PARKS and HENDERSON-MYERS withdrew their requests for debate on the following Bill: H. 3915 (Word version) -- Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan and Norrell: A BILL TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.
Reps. OTT, CLARY, STAVRINAKIS, BALLENTINE, KIRBY, TAYLOR, HIXON, KING, CHELLIS, COBB-HUNTER, BRAWLEY, CLYBURN, R. WILLIAMS, NORRELL and ROSE withdrew their requests for debate on H. 3596 (Word version); however, other requests for debate remained on the Bill.
Rep. BRAWLEY moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
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.
Rep. RIDGEWAY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Spires Stavrinakis Stringer 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.
The following Bill was taken up: H. 3730 (Word version) -- Reps. Fry, West, G. R. Smith, Johnson, Hardee, Dillard, Robinson, Garvin, S. Williams, Sandifer, Martin, W. Newton and B. Newton: 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".
Reps. FRY and STAVRINAKIS proposed the following Amendment No. 3 to H. 3730 (Word version) (COUNCIL\VR\3730C005.CC.VR19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-53-190(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:
(A) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(B) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
(C) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
(D) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
(E) replacement of the N-propionyl group by another acyl group.
This definition includes, but is not limited to, the following substances:
Methylacetyl fentanyl, Alpha-methylfentanyl, Methylthiofentanyl, Benzylfentanyl, Beta-hydroxyfentanyl, Beta-hydroxy-3-methylfentanyl, 3-Methylfentanyl, Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta-Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl."
SECTION 2. Section 44-53-370(e) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as 'trafficking in fentanyl' and, upon conviction, must be punished as follows:
(a) for a first offense, a term of imprisonment of not more than ten years and a fine of up to fifty thousand dollars; and
(b) for a second or subsequent offense, a term of imprisonment of not more than twenty years and a fine of up to one hundred thousand dollars."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McGinnis Moore V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Thayer Thigpen Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The following Bill was taken up:
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.
Rep. FRY moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 4380 (Word version) -- Reps. Rose, Caskey, Huggins, Bales, Anderson, Crawford, Moore, Hewitt and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SAMANTHA L. JOSEPHSON RIDESHARING SAFETY ACT"; AND TO AMEND SECTION 58-23-1640, RELATING TO THE SAFETY INSPECTION OF TRANSPORTATION NETWORK COMPANY (TNC) VEHICLES, SO AS TO REQUIRE TNC VEHICLES IN THIS STATE TO POSSESS AND DISPLAY CERTAIN ILLUMINATED SIGNAGE AT ALL TIMES WHEN THE TNC DRIVER IS ACTIVE.
Reps. FORRESTER, SANDIFER and BURNS proposed the following Amendment No. 1 to H. 4380 (Word version) (COUNCIL\DG\4380C002.NBD.DG19), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 58-23-1650(B)(4) of the 1976 Code is amended to read:
"(4) conduct, or have a third party conduct, a local a state criminal records check, supported by fingerprints, by the State Law Enforcement Division (SLED) and a national criminal background records check, supported by fingerprints, by the Federal Bureau of Investigation (FBI), both of which were conducted within thirty days of the TNC initially approving the TNC driver and within thirty days of the requalification period set forth in subsection (C), as applicable. The results of these criminal records check must be reported to the Office of Regulatory Staff. SLED is authorized to store the prints for notification purposes for each applicant that must include:
(a) a multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(b) national sex offender registry database search; and" /
Renumber sections to conform.
Amend title to conform.
Rep. FORRESTER spoke in favor of the amendment.
Rep. G. R. SMITH spoke against the amendment.
Rep. G. R. SMITH spoke against the amendment.
Rep. WHEELER raised the Point of Order that under Rule 9.3 Amendment No. 1 was not germane to H. 4380 (Word version). The underlying Bill deals with the display of illuminated signage and the amendment deals with criminal background checks.
The SPEAKER PRO TEMPORE stated that the substantial effect of the Bill itself is relating to display of signage on the vehicle. The Amendment has to do with criminal background checks.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled Amendment No. 1 not germane.
Rep. CASKEY spoke upon the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Howard Hyde Jefferson Jordan King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin McCoy McCravy McGinnis Moore V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Thigpen Toole Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Kimmons
So, the Bill was read the second time and ordered to third reading.
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, Henderson-Myers, Simmons and Gilliard: 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), which was adopted:
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. BANNISTER spoke in favor of the amendment.
The amendment was then adopted.
Reps. CLEMMONS, BANNISTER, HUGGINS and BALLENTINE proposed the following Amendment No. 5 to H. 3998 (Word version) (COUNCIL\SA\3998C009.RT.SA19), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 12-6-3795(A) and inserting:
/ (A) As used in this section:
(1) 'Eligibility statement' means a statement authorized and issued by the South Carolina Housing and Finance Development Authority certifying that a given project qualifies for the South Carolina housing tax credit. The authority shall promulgate rules establishing criteria upon which the eligibility statements are issued which must include consideration of evidence of local support for the project. The eligibility statement must specify the amount of the South Carolina housing tax credit allowed.
(2) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.
(3) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size. (4) '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.
(5) '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 and receives approval for tax credits from the South Carolina Housing and Finance Development Authority provided pursuant to this section.
(6) '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. /
Amend the bill further, by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect upon approval by the Governor and first applies to qualified projects that receive an eligibility statement pursuant to Section 12-6-3795 thereafter. /
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
Rep. FINLAY proposed the following Amendment No. 6 to H. 3998 (Word version) (COUNCIL\DG\3998C001.NBD.DG19), which was adopted:
Amend the bill, as and if amended, SECTION 2, by adding an appropriately lettered subsection at the end of Section 12-6-3795 to read:
/ ( ) Notwithstanding any other provision of law, once a qualified project becomes eligible for the credit allowed by this section, for that year and for the next ten calendar years, all property that makes up the qualified project is exempt from all fees and taxes imposed by the municipality in which it is located, including, but not limited to: property taxes, impact fees, development fees, sewer fees, wastewater fees, sanitation fees, infrastructure fees, administrative fees, permit fees, and planning fees." /
Renumber sections to conform.
Amend title to conform.
Rep. FINLAY explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 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, Henderson-Myers, Simmons and Gilliard: 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.
Rep. TOOLE spoke against the Bill.
Rep. DANING moved to reconsider the vote whereby Amendment No. 6 was adopted.
Rep. FINLAY moved to table the motion to reconsider.
Rep. DANING demanded the yeas and nays which were taken, resulting as follows:
Alexander Ballentine Bannister Bernstein Bradley Brawley Brown Calhoon Clyburn Cobb-Hunter Cogswell Dillard Elliott Erickson Finlay Forrest Funderburk Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Huggins Hyde Jefferson Jordan King Long Lowe Lucas Mack Moore W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simrill G. M. Smith G. R. Smith Spires Thigpen Toole Weeks West Wheeler Whitmire R. Williams S. Williams Willis
Those who voted in the negative are:
Allison Bailey Bamberg Bennett Bryant Burns Chellis Chumley Clary Clemmons Collins W. Cox Crawford Daning Davis Forrester Fry Gagnon Gilliam Hewitt Hiott Hixon Kimmons Ligon Magnuson Martin McCravy McGinnis V. S. Moss B. Newton Simmons Sottile Stavrinakis Stringer Tallon Trantham White
So, the motion to reconsider was tabled.
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 Ballentine Bamberg Bannister Bennett Bernstein Bradley Brawley Brown Calhoon Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliard Hayes Henderson-Myers Henegan Hewitt Hosey Huggins Hyde Jefferson Jordan King Kirby Ligon Lucas Mack McCravy McGinnis Moore B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simmons Simrill G. M. Smith Spires Stavrinakis Thayer Thigpen Weeks West Wheeler Whitmire R. Williams S. Williams Willis
Those who voted in the negative are:
Bailey Bryant Caskey Chellis Chumley Daning Forrest Gilliam Hiott Hixon Kimmons Long Magnuson Martin V. S. Moss G. R. Smith Sottile Stringer Tallon Toole Trantham White
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. BANNISTER moved to reconsider the vote whereby the following Bill was given second reading:
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, Henderson-Myers, Simmons and Gilliard: 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.
Rep. BANNISTER moved to table the motion to reconsider, which was agreed to.
The following Bill was taken up: H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12-6-3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
Rep. SIMRILL spoke in favor of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Ballentine Bamberg Bannister Bennett Bernstein Brawley Brown Bryant Chellis Clary Clemmons Clyburn Cobb-Hunter Collins Crawford Davis Dillard Felder Forrest Forrester Funderburk Garvin Gilliard Hayes Henderson-Myers Henegan Hewitt Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Lowe Lucas Mack McCoy McGinnis Moore B. Newton W. Newton Norrell Ott Parks Pope Ridgeway Rivers Robinson Sandifer Simmons Simrill Sottile Spires Stavrinakis Tallon Thigpen Weeks West Wheeler Whitmire R. Williams S. Williams
Those who voted in the negative are:
Bailey Bradley Burns Chumley W. Cox Daning Elliott Erickson Gagnon Gilliam Hiott Hixon Long Magnuson McCravy V. S. Moss G. R. Smith Stringer Toole Trantham White Willis
So, the Bill was read the second time and ordered to third reading.
I have a conflict with H. 3485 (Word version) and therefore did not vote on the Bill. I wish to have my recusal noted for the record in the House Journal.
Rep. William Cogswell
I support H. 3485 (Word version) and note the legislation implements recommendation(s) arising from the House Legislative Oversight Committee's study of the Department of Archives and History.
Rep. Wm. Weston Newton
Reps. HOSEY, WHEELER, LOWE, JEFFERSON and MACK withdrew their requests for debate on the following Bill: 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, Clyburn, Brown, Govan, Moore and Henderson-Myers: 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.
Reps. GILLIARD and LONG withdrew their requests for debate on the following Bill:
H. 3915 (Word version) -- Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan and Norrell: A BILL TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.
Rep. GILLIARD moved that the House recur to the morning hour, which was agreed to.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4106 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN HAMPTON COUNTY FROM ITS INTERSECTION WITH HOPEWELL ROAD TO ITS INTERSECTION WITH ZEIGLER STREET "VIRGIN JOHNSON, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4109 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF TILLMAN AVENUE IN THE TOWN OF VARNVILLE FROM ITS INTERSECTION WITH WEST PINE STREET TO ITS INTERSECTION WITH HAMPTON ROAD "H. J. BROOKS AVENUE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4145 (Word version) -- Reps. Hewitt, Davis, Sottile and Kirby: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FORESTRY SERVICE AND URGE THEM TO TAKE STEPS TO PROTECT WILD TURKEY NESTS IN SOUTH CAROLINA PRIOR TO CONDUCTING A CONTROLLED BURN IN SOUTH CAROLINA FORESTS.
Ordered for consideration tomorrow.
The following was introduced: H. 4432 (Word version) -- Reps. Forrester, 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, 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 RECOGNIZE AND HONOR THE DORMAN HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2019 SOUTH CAROLINA CLASS AAAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 4434 (Word version) -- Reps. Brawley, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, 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 HONOR THE NATIONAL COALITION OF 100 BLACK WOMEN, INC., COLUMBIA (SC) CHAPTER, FOR ITS DEDICATED COMMUNITY SERVICE AND TO RECOGNIZE THE ORGANIZATION AT ITS FIFTH ANNUAL MY SISTER'S KEEPER AWARDS LUNCHEON.
The following was introduced:
H. 4433 (Word version) -- Reps. Pendarvis, 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, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTH CAROLINA ASSOCIATION OF REALTORS(r) FOR ITS STRONG SUPPORT OF FAIR HOUSING IN THE PALMETTO STATE AND TO DECLARE APRIL 2019 AS "FAIR HOUSING MONTH" IN SOUTH CAROLINA.
Whereas, April 11, 2019, marks the fifty-first anniversary of the passage of the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, which enunciates a national policy of fair housing without regard to race, color, religion, sex, familial status, handicap, or national origin and encourages fair housing opportunities for all; and
Whereas, Chapter 21 was added to Title 31 of the South Carolina Code of Laws in 1989 to enact the South Carolina Fair Housing Law, providing enforcement and protection at the state level; and
Whereas, the South Carolina Association of REALTORS® is committed to highlighting the Fair Housing Act by continuing to address discrimination in our community, by supporting programs that will educate the public about the right to equal housing opportunities, and by planning partnership efforts with other organizations to help assure all citizens of their right to fair housing; and Whereas, the National Association of REALTORS® Code of Ethics commits all REALTOR® members to providing equal professional services without discrimination based on race, color, religion, sex, familial status, handicap, sexual orientation, gender identity, or national origin; and
Whereas, fairness is the foundation of our way of life and reflects the best of our traditional American values; and
Whereas, invidious discriminatory housing practices undermine the strength and vitality of South Carolina and its citizens; and
Whereas, all South Carolinians must continue working to assure there are no victims of discriminatory housing practices and to make the ideal of fair housing a reality; and
Whereas, the most basic physical needs of all members in any society include the need for shelter. Whether they work within or outside the real estate profession, those citizens who ensure the right of everyone to obtain residential housing, either by renting or by purchasing, facilitate and perpetuate the American dream of family housing. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, recognize the South Carolina Association of REALTORS® for its strong support of fair housing in the Palmetto State and declare April 2019 as "Fair Housing Month" in South Carolina.
Be it further resolved that a copy of this resolution be presented to the South Carolina Association of REALTORS®.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced: H. 4435 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, 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, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JACQUALINE "JACQUIE" KASPROWSKI, PRINCIPAL OF CARDINAL NEWMAN SCHOOL, FOR THIRTEEN YEARS OF EXEMPLARY SERVICE AS SHE DEPARTS TO CONTINUE AS ASSOCIATE DIRECTOR OF SECONDARY EDUCATION FOR THE DIOCESE OF CHARLESTON, AND TO WISH HER CONTINUED JOY IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced: H. 4436 (Word version) -- Reps. Huggins, 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, 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 CONCURRENT RESOLUTION TO HONOR TERRY PEACE, SENIOR VICE PRESIDENT OF BLUE CROSS BLUE SHIELD OF SOUTH CAROLINA, ON THE OCCASION OF HER UPCOMING RETIREMENT, TO THANK HER FOR HER TWENTY-SEVEN YEARS OF HARD WORK AND DEDICATED SERVICE TO THE COMPANY AND HER COMMUNITY, AND TO OFFER BEST WISHES FOR A SATISFYING AND REWARDING RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4437 (Word version) -- Reps. Stavrinakis, Govan, Murphy, McCoy, Mace, B. Cox, Gilliard and Mack: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE HONORABLE ERNEST F. "FRITZ" HOLLINGS OF CHARLESTON COUNTY, TO CELEBRATE HIS LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the South Carolina General Assembly are deeply saddened by the passing on April 6, 2019, of the Honorable Ernest F. "Fritz" Hollings of Charleston County, former South Carolina House member, governor, and U.S. senator from South Carolina. He was ninety-seven; and
Whereas, born in Charleston, Fritz Hollings graduated from The Citadel Military College in 1942 and joined a law practice in Charleston after earning a juris doctor degree at the University of South Carolina School of Law. During World War II, he served as an artillery officer in campaigns in North Africa and Europe; and Whereas, after the war, he successively won election to the South Carolina House of Representatives, to the office of lieutenant governor, and to that of governor. In 1965, Fritz Hollings won a special election to serve the remainder of Senator Olin D. Johnston's term. Senator Hollings remained popular and continually won re-election, becoming one of the longest-serving senators in U.S. history; and
Whereas, as governor of South Carolina from 1959 to 1963, Fritz Hollings worked to improve the state's educational system, helping to bring more industry and employment opportunities to the State. His term in office saw the establishment of the state's highly respected technical education system and educational television network. He also called for, and achieved, significant increases in teachers' salaries, bringing them closer to the regional average, and he played a key role in integrating South Carolina schools; and
Whereas, for thirty-two years, he sat on the powerful Senate Appropriations Committee, also serving as chair of the Senate Budget Committee, as a member of which he co-sponsored the Graham-Rudman-Hollings Balanced Budget and Emergency Deficit Control Act (1985). He twice served as chair of the Senate Commerce, Science and Transportation Committee. Further, Fritz Hollings is known as the "Father of NOAA," for his campaign to found the National Oceanic and Atmospheric Administration; and
Whereas, for thirty-six years (until January 2003), he served as a U.S. senator alongside Republican Strom Thurmond, making them the longest-serving Senate duo in the history of the United States to date. This also made Fritz Hollings the longest-serving junior senator, even though he had more seniority than all but a few of his colleagues. Senators Thurmond and Hollings generally had a good relationship and frequently collaborated on legislation and projects to benefit South Carolina. Their combined seniority gave South Carolina clout in national politics well beyond its relatively small population; and
Whereas, colleagues paid tribute to Fritz Hollings, then ninety-five, at the unveiling of a statue of the retired senator on April 17, 2017, in the garden of the J. Waties Waring Judicial Center, Charleston's federal courthouse; and Whereas, remembering Fritz Hollings, Governor Henry McMaster offered this tribute: "Fierce, bold, and robust--the sounds of Fritz Hollings' vision and drive for the Palmetto State will continue to be heard by generations. The greatness and success of this State has benefited from the hand of his leadership." Yes, South Carolina will remember Fritz Hollings with gratitude, and he will be greatly missed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, express their profound sorrow upon the passing of the Honorable Ernest F. "Fritz" Hollings of Charleston County, celebrate his life and achievements, and extend the deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be presented to Michael Milhous Hollings for the family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 235 (Word version) -- Senator Fanning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF EAST MADISON STREET IN YORK, SOUTH CAROLINA, FROM ITS INTERSECTION WITH NORTH CONGRESS STREET TO ITS INTERSECTION WITH HUNTER STREET "DANIEL LEE LOWRY BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following: S. 683 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 8 THROUGH 12, 2019 AS "INDEPENDENT COLLEGES AND UNIVERSITIES WEEK" AND APRIL 10, 2019 AS "INDEPENDENT COLLEGES AND UNIVERSITIES DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4438 (Word version) -- Reps. Murphy, McCoy, Stavrinakis, Cogswell, Sottile, Gilliard, Pendarvis, Bennett, Mack, Jefferson, Moore, Simmons, Brown, Chellis, Daning and Kimmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-37-60 SO AS TO PROVIDE THAT A COUNTY THAT HAS IMPOSED A TAX PURSUANT TO CHAPTER 37, TITLE 4, ALSO MAY IMPOSE ANOTHER SALES AND USE TAX.
Referred to Committee on Ways and Means
H. 4439 (Word version) -- Reps. Clemmons, Bryant, Hosey, R. Williams, Blackwell and Clary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-250 SO AS TO DESIGNATE THE SIXTEENTH DAY OF JULY OF EACH YEAR AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.
On motion of Rep. CLEMMONS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4440 (Word version) -- Reps. Mace, Kimmons and Trantham: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO ADD PHYSICAL OR SEXUAL CHILD ABUSE AS A GROUND FOR DIVORCE.
Referred to Committee on Judiciary
H. 4441 (Word version) -- Reps. Herbkersman and W. Newton: A BILL TO AMEND ACT 278 OF 1985, AS AMENDED, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO REQUIRE
CANDIDATES SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN SIGNED PETITIONS.
Rep. HERBKERSMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. S. WILLIAMS objected.
Referred to Committee on Judiciary
H. 4442 (Word version) -- Reps. W. Cox, West and Thayer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-3-605 SO TO REQUIRE THE PRESIDING JUDGE FOR ANY FAMILY COURT HEARING INVOLVING A CHILD IN WHICH THE DEPARTMENT OF SOCIAL SERVICES IS THE INITIATING PARTY TO READ INTO THE RECORD THE NUMBER OF CONTINUANCES PREVIOUSLY GRANTED IN THE MATTER, THE DATES OF THE CONTINUANCES, AND THE REASONS FOR THE CONTINUANCES.
Referred to Committee on Judiciary
H. 4443 (Word version) -- Rep. Collins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT "FARGO'S AND HYCO'S LAW", TO AMEND ARTICLE 11, CHAPTER 3, TITLE 47, RELATING TO THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS, SO AS TO INCREASE THE PENALTIES ASSOCIATED WITH WILFULLY OR MALICIOUSLY TORTURING, MUTILATING, INJURING, DISABLING, POISONING, OR KILLING A POLICE DOG OR HORSE, AND TO MAKE A TECHNICAL CHANGE.
Referred to Committee on Judiciary
S. 413 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 23-1-212 OF THE 1976 CODE, RELATING TO THE ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, TO PROVIDE THAT NAVAL CRIMINAL INVESTIGATIVE SERVICE AGENTS ARE AUTHORIZED TO ENFORCE THE STATE'S CRIMINAL LAWS.
Referred to Committee on Judiciary
S. 439 (Word version) -- Senators Leatherman, Grooms, Campbell, Williams and Reese: 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.
Referred to Committee on Ways and Means
S. 546 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN OCONEE 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.
Referred to Oconee Delegation
S. 601 (Word version) -- Senators Shealy and Hutto: A BILL TO AMEND SECTION 63-7-2350 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE OR ADOPTION PLACEMENTS, TO ADD BACKGROUND CHECK REQUIREMENTS FOR EACH EMPLOYEE OF A RESIDENTIAL FACILITY WHERE CHILDREN IN FOSTER CARE MAY BE PLACED.
Referred to Committee on Judiciary
S. 666 (Word version) -- Senator Climer: A BILL TO AMEND SECTION 56-2-105 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, TO PROVIDE THAT A MUNICIPALITY MAY ADOPT AN ORDINANCE THAT ALLOWS FOR THE OPERATION OF GOLF CARTS THAT ARE EQUIPPED WITH WORKING HEADLIGHTS AND REAR LIGHTS DURING NON-DAYLIGHT HOURS.
Referred to Committee on Education and Public Works
The following Bill was taken up:
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, Clyburn, Brown, Govan, Moore and Henderson-Myers: 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.
Rep. OTT proposed the following Amendment No. 1 to H. 3596 (Word version) (COUNCIL\DG\3596C003.NBD.DG19), which was tabled:
Amend the bill, as and if amended, by Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-43-220(d)(4) of the 1976 Code is amended to read:
"(4) Except as provided pursuant to Section 12-43-222, when real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back rollback taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder pursuant to this item and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided in this item. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back rollback taxes for each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder pursuant to this item. In determining the amounts of the roll-back rollback taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back rollback tax years involved shall ascertain:
(A) the fair market value without consideration of the standing timber of such real property under the valuation standard applicable to other real property in the same classification;
(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;
(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;
(D) the amount of the roll-back rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year."
SECTION 2. This act takes effect January 1, 2021, and applies for agricultural real property changed to another use after 2020. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT moved to table the amendment, which was agreed to.
Rep. KING proposed the following Amendment No. 2 to H. 3596 (Word version) (COUNCIL\DG\3596C004.NBD.DG19), which was adopted:
Amend the bill, as and if amended, SECTION 1, by adding an undesignated paragraph after Section 12-43-220(d)(4)(D) to read:
/ Notwithstanding any other provision of this section, if the owner of the property acquires the property through intestate succession or a testamentary instrument and changes the use of the property thereafter, then rollback taxes may not be levied or assessed on the property as a result of that change of use. /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 3 to H. 3596 (Word version) (COUNCIL\AHB\3596C001.CC.AHB19), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-43-220(d)(4) of the 1976 Code is amended to read:
"(4) Except as provided pursuant to Section 12-43-222, when real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back rollback taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder pursuant to this item and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed as herein provided in this item. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back rollback taxes for each of the five three tax years immediately preceding in which the real property was valued, assessed, and taxed hereunder pursuant to this item. In determining the amounts of the roll-back rollback taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back rollback tax years involved shall ascertain:
(A) the fair market value without consideration of the standing timber of such real property under the valuation standard applicable to other real property in the same classification;
(B) the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;
(C) the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;
(D) the amount of the roll-back rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year."
SECTION 2. This act takes effect January 1, 2020, and applies for agricultural real property changed to another use after 2019. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT 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 Bailey Ballentine Bamberg Bannister Bernstein Bradley Brawley Brown Bryant Burns Calhoon Caskey Chellis Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Funderburk Gagnon Garvin Gilliam Gilliard Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin McCoy McCravy McGinnis Moore V. S. Moss B. Newton W. Newton Norrell Ott Parks Pendarvis Pope Ridgeway Rivers 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
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I am not voting on H. 3596 (Word version) because my family and I own property that is subject to rollback. I do not believe there is a conflict.
Rep. Kirkman Finlay
The following Bill was taken up:
H. 3915 (Word version) -- Reps. Kimmons, Davis, Mace, Murphy, Rutherford, Trantham, Rose, Caskey, Felder, Simmons, Ott, Weeks, Erickson, Henegan and Norrell: A BILL TO AMEND SECTIONS 63-7-10 AND 63-7-1620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRINCIPLES OF THE STATE'S CHILD WELFARE SYSTEM AND LEGAL REPRESENTATION OF THE DEPARTMENT OF SOCIAL SERVICES IN CHILD ABUSE AND NEGLECT PROCEEDINGS, RESPECTIVELY, SO AS TO CLARIFY THAT LEGAL REPRESENTATIVES OF THE DEPARTMENT MUST ENSURE THAT CHILD WELFARE AND SAFETY ARE THE SOLE BASIS OF DEPARTMENT RECOMMENDATIONS AND DECISIONS IN SUCH PROCEEDINGS AND THAT THE LEGAL REPRESENTATIVES HAVE THE SOLE DISCRETION ON BEHALF OF THE DEPARTMENT OVER ANY DECISIONS PERTAINING TO SUCH PROCEEDINGS.
Reps. S. WILLIAMS, PENDARVIS, MOORE, SIMMONS and JEFFERSON requested debate on the Bill. Rep. HIOTT moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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. 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.
H. 4292 (Word version) -- Rep. Davis: A CONCURRENT RESOLUTION TO PROCLAIM APRIL 9, 2019, AS "STEM EDUCATION DAY" THROUGHOUT THE STATE AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO JOIN IN RECOGNIZING THE POSITIVE IMPACT THAT STEM EDUCATION HAS ON THE QUALITY OF LIFE FOR THE RESIDENTS OF THE PALMETTO STATE.
At 7:05 p.m. the House, in accordance with the motion of Rep. STAVRINAKIS, adjourned in memory of former United States Senator Ernest F. " Fritz" Hollings, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, April 12, 2019 at 1:00 P.M.