NO. 35
REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________
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 Psalm 20:1: "The Lord answered you in the day of trouble! The Name of the God of Jacob protects you."
Let us pray. God of glory, we thank You for Your goodness; help us to express our joy and delight in Your presence. We thank You for the gift of food to satisfy us and to remind us of Your care. Bless our first responders and defenders of freedom. Make Your face shine upon our World, Nation, President, State, Governor, Speaker, staff, and all who labor in this vineyard. Heal the wounds, those seen and those hidden, of our brave men and women 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 acting SPEAKER West Cox.
After corrections to the Journal of the proceedings of Friday, acting SPEAKER West Cox ordered it confirmed.
Rep. WEST moved that when the House adjourns, it adjourn in memory of John Claud Poore, which was agreed to.
Document No. 4994
Agency: Department of Consumer Affairs
Statutory Authority: 1976 Code Sections 37-6-104, 37-6-402, 37-6- 403, 37-6-506, and 58-27-2660
Sale or Lease of Renewable Energy Facilities
Received by Speaker of the House of Representatives January 12, 2021
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 12, 2021
The following was introduced:
H. 4077 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Martin, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Stringer, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF APOLONIA "POLLY" MANAGO PEARSON OF SUMTER COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LOVING FAMILY AND HER MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4076 (Word version) -- Rep. Lowe: A CONCURRENT RESOLUTION TO RECOGNIZE THE ONE HUNDREDTH ANNIVERSARY OF THE AMERICAN PHYSICAL THERAPY ASSOCIATION, THE LEADING PROFESSIONAL MEMBERSHIP ORGANIZATION FOR THE PHYSICAL THERAPY PROFESSION, WITH THE MISSION OF BUILDING A COMMUNITY THAT ADVANCES THE
PROFESSION OF PHYSICAL THERAPY TO IMPROVE THE HEALTH OF SOCIETY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced and read the first time:
H. 4100 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2021, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference
H. 4101 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2020-2021, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Without Reference
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire S. Williams Willis Wooten Yow
The SPEAKER PRO TEMPORE granted Rep. HAYES a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. BRYANT a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. HERBKERSMAN a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. THAYER a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. R. WILLIAMS a leave of absence for the day due to a death in the family.
Announcement was made that Dr. Coleman F. Buckhouse of Florence 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. 3043 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3073 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3096 (Word version)
Date: ADD:
03/16/21 WHITE
Bill Number: H. 3218 (Word version)
Date: ADD:
03/16/21 WOOTEN
Bill Number: H. 3268 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3269 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3282 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3291 (Word version)
Date: ADD:
03/16/21 LIGON
Bill Number: H. 3321 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3362 (Word version)
Date: ADD:
03/16/21 STAVRINAKIS
Bill Number: H. 3416 (Word version)
Date: ADD:
03/16/21 MCCABE and DABNEY
Bill Number: H. 3514 (Word version)
Date: ADD:
03/16/21 BRAWLEY and WILLIS
Bill Number: H. 3577 (Word version)
Date: ADD:
03/16/21 FORREST
Bill Number: H. 3750 (Word version)
Date: ADD:
03/16/21 B. COX
Bill Number: H. 3775 (Word version)
Date: ADD:
03/16/21 ROSE and STAVRINAKIS
Bill Number: H. 3822 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 3877 (Word version)
Date: ADD:
03/16/21 B. COX
Bill Number: H. 3974 (Word version)
Date: ADD:
03/16/21 WOOTEN
Bill Number: H. 3991 (Word version)
Date: ADD:
03/16/21 CASKEY
Bill Number: H. 4036 (Word version)
Date: ADD:
03/16/21 BRAWLEY
Bill Number: H. 4063 (Word version)
Date: ADD:
03/16/21 W. NEWTON
Bill Number: H. 3979 (Word version)
Date: REMOVE:
03/16/21 HADDON
Bill Number: H. 3982 (Word version)
Date: REMOVE:
03/16/21 MURPHY
Bill Number: H. 4028 (Word version)
Date: REMOVE:
03/16/21 DABNEY and JONES
The SPEAKER PRO TEMPORE granted Rep. CRAWFORD a temporary leave of absence.
The following Bill was taken up:
S. 648 (Word version) -- Senator K. Johnson: A BILL TO CONSOLIDATE CLARENDON COUNTY SCHOOL DISTRICT NO. 2 AND CLARENDON COUNTY SCHOOL DISTRICT NO. 4 INTO ONE SCHOOL DISTRICT TO BE KNOWN AS THE CLARENDON COUNTY SCHOOL DISTRICT; TO ABOLISH CLARENDON COUNTY SCHOOL DISTRICT NO. 2 AND CLARENDON COUNTY SCHOOL DISTRICT NO. 4 ON JULY 1, 2022; TO PROVIDE THAT THE CLARENDON COUNTY SCHOOL DISTRICT MUST BE GOVERNED BY A BOARD OF TRUSTEES CONSISTING OF NINE MEMBERS, WHICH INITIALLY MUST BE APPOINTED BY THE CLARENDON COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE THAT, BEGINNING IN 2024, EACH OF THE NINE MEMBERS OF THE BOARD OF TRUSTEES MUST BE ELECTED FROM A SEPARATE SINGLE-MEMBER ELECTION DISTRICT; TO PROVIDE THAT THE MEMBERS OF THE CLARENDON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS CONDUCTED AT THE SAME TIME AS THE 2024 GENERAL ELECTION AND EVERY FOUR YEARS THEREAFTER, EXCEPT AS PROVIDED TO STAGGER THE MEMBERS' TERMS; TO ESTABLISH THE BOARD'S POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE THAT THE DISTRICT SUPERINTENDENT IS THE CHIEF OPERATING OFFICER OF THE DISTRICT, IS RESPONSIBLE TO THE BOARD FOR THE PROPER ADMINISTRATION OF ALL AFFAIRS OF THE DISTRICT, AND IS SUBJECT TO ALL OTHER PROVISIONS OF LAW RELATING TO HIS DUTIES; TO INCLUDE INTERIM MILLAGE PROVISIONS FOR YEARS 2022 AND 2023; AND TO PROVIDE THAT, BEGINNING IN 2024, THE CLARENDON COUNTY SCHOOL DISTRICT SHALL HAVE TOTAL FISCAL AUTONOMY.
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 Bradley Brawley Brittain Burns Bustos Calhoon Carter Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Finlay Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henegan Hewitt Hixon Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Kimmons King Kirby Ligon Long Lowe Lucas Martin Matthews May McCravy McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Simrill G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Tedder Thigpen Trantham West Wheeler Whitmire S. Williams Wooten Yow
Those who voted in the negative are:
Bennett Felder Hill Jones McCabe
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3291 (Word version) -- Reps. Pope, Burns, Chumley, Bryant, V. S. Moss, Haddon, Forrest and Ligon: A BILL TO AMEND SECTION 16-11-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRESPASSING AND THE POSTING OF NOTICE OF TRESPASSING, SO AS TO ALLOW FOR A DIFFERENT METHOD OF THE POSTING OF NOTICE OF TRESPASSING INVOLVING CLEARLY VISIBLE PURPLE-PAINTED BOUNDARIES.
Rep. HIXON explained 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 Brittain Burns Bustos Calhoon Carter Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. R. Smith M. M. Smith Stringer Taylor Tedder Thigpen Trantham Weeks Wetmore Wheeler Whitmire S. Williams Wooten Yow
Those who voted in the negative are:
Caskey White
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3694 (Word version) -- Reps. Atkinson, Hardee, Hewitt, Fry, Brittain, Hayes, McGinnis, R. Williams, V. S. Moss, Lowe, Bryant, Forrest, Carter and Anderson: A BILL TO AMEND SECTION 50-11-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEAR HUNTING, SO AS TO ALLOW FOR THE USE OF BAIT WHEN HUNTING BEAR IN GAME ZONE 4 DURING A CERTAIN TIME PERIOD.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3694 (Word version) (COUNCIL\CZ\3694C001.RT.CZ21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-11-430 of the 1976 Code is amended to read:
"Section 50-11-430. (A)(1) The open season for hunting and taking bear in Game Zone 1 for still gun hunts is October 17 through October 23; for party dog hunts is October 24 through October 30. A party dog hunt in Game Zone 1 may not exceed twenty-five participants per party and shall register with the department by September first. Party participants, except those not required to have licenses shall submit their hunting license number in order to register.
(2) In all other game zones, the General Assembly finds it in the best interest of the State to allow the taking of black bear under strictly controlled conditions and circumstances. The department may establish a bear management program that allows for hunting and selective removal of bear in order to provide for the sound management of the animals and to ensure the continued viability of the species. The department must promulgate regulations to set the conditions for taking, including methods of take, areas, times, limits, and seasons, and other conditions to properly control the harvest of bear.
(B) In Game Zones 2, 3, and 4 where the department declares an open season, the department shall determine an appropriate quota of tags to be issued bears to be harvested in each game zone, or county within a game zone, and shall further promulgate regulations necessary to properly control the harvest of bear. The department may close an open season at any time, provided that the department gives at least twenty-four hours' notice to the public of the closure.
(C) In Game Zones 2, 3, and 4 where the department declares an open season for hunting and taking bears on wildlife management areas, and all other areas under the ownership, control, or lease of the department, the season will be set by the department. The department may close an open season at any time, provided that the department gives at least twenty-four hours' notice to the public of the closure.
(D) In order to properly implement the provisions of subsections (A), (B), and (C), any bear taken must be tagged with a valid bear tag and reported by midnight of the day of the harvest to the department as prescribed. The tag must be attached to the bear as prescribed by the department before being moved from the point of kill.
(E) It is unlawful to:
(1) hunt, take, or attempt to take a bear except during the open season;
(2) possess an untagged bear;
(3) take more than one bear per person during all seasons. In Game Zone 1 a registered party dog hunt may take up to five bear per season per party; a person who has taken a bear during the season may participate in a registered party hunt as long as the hunting license shows the bear tag endorsement, but the person may not take another bear; (4) take or attempt to take a sow bear with cubs;
(5) possess or transport a freshly killed bear or bear part except during the open season for hunting and taking bear. This prohibition does not apply to bear lawfully taken in other jurisdictions. The department may issue a special permit for possession or transportation of a freshly killed bear or bear part outside of the season;
(6) possess a captive bear except pursuant to a permit issued by the department. A violation of the terms of the permit may result in revocation or a civil penalty of up to five thousand dollars, or both. An appeal must be made in accordance with the Administrative Procedures Act;
(7) pursue bear with dogs; except during the open season for hunting and taking bear with dogs;
(8) hunt or take bear by the use or aid of bait; or attempt to hunt or take bear by use or aid of bait; hunt or take bear on or over a baited area except that on private land in Game Zone 4 bear may be taken with the aid or use of bait. As used in this item:
(a) 'Bait' means salt or shelled, shucked, or unshucked corn, wheat or other grain, or other foodstuffs that could constitute a lure, attraction, or enticement for bear.
(b) 'Baiting' or 'to bait' means placing, depositing, exposing, distributing, or scattering bait.
(c) 'Baited area' means an area where bait is directly or indirectly placed, exposed, deposited, distributed, or scattered, and the area remains a baited area for ten days following complete removal of all bait. Nothing in this section prohibits the hunting and taking of bear on or over lands or areas that are not otherwise baited and where:
(i) there are standing crops on the field where grown, including crops grown for wildlife management purposes; or
(ii) shelled, shucked, or unshucked corn, wheat or other grain, or seeds that have been distributed or scattered solely as the result of a normal agricultural practice as prescribed by the Clemson University Extension Service or its successor;
(9) buy, sell, barter, or exchange or attempt to buy, sell, barter, or exchange a bear or bear part;
(10) take or attempt to take a bear from a watercraft or other water conveyance or molest, take, or attempt to take a bear while the bear is swimming in a lake or river;
(11) fail to report a bear harvest in the manner provided by law.
(F)(1) Each of the acts provided for in subsection (E)(F) is a violation of this section and is a separate offense.
(2) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than sixty days, or both. Hunting and fishing privileges of a person convicted under the provisions of this section must be suspended for three years. In addition, each person convicted of a violation of this section shall pay restitution to the department of not less than one thousand five hundred dollars for each bear or bear part that is the subject of a violation of this section. The magistrates court retains concurrent jurisdiction for offenses contained in this section."
SECTION 2. Section 50-11-440 of the 1976 Code is amended to read:
"Section 50-11-440. (A) It shall be Except as otherwise provided for in Section 50-11-430, it is unlawful for any person to feed or entice with food any black bear (Ursus americanus) except as follows:
(1) those persons feeding bears maintained in protective captivity under a permit issued by the department for education, scientific, commercial, or recreational purposes;
(2) department personnel;
(3) persons licensed or otherwise authorized by the department; or
(4) county or municipal animal personnel when relocating bears by baiting or enticement.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount not to exceed five hundred dollars or imprisoned for not more than thirty days."
SECTION 3. This act takes effect upon approval by the Governor. /
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 Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chumley Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Kimmons Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray W. Newton Nutt Oremus Ott Pendarvis Rivers Rose Rutherford Sandifer G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire 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. 3884 (Word version) -- Rep. Hiott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-23-125 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO TRANSMIT CERTAIN DOCUMENTS ELECTRONICALLY FOR A CERTIFICATE OF TITLE, TO ALLOW FOR THE COLLECTION OF AN ELECTRONIC TRANSMISSION FEE, AND TO REQUIRE THE USE OF AN ELECTRONIC LIEN SYSTEM FOR BUSINESSES AND LENDERS ENGAGED IN THE SALE OF WATERCRAFT AND OUTBOARD MOTORS OR THE FINANCING OF WATERCRAFT OR OUTBOARD MOTORS; AND TO AMEND SECTION 50-23-140, RELATING TO THE PRIORITY AND VALIDITY OF LIENS UPON A CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO ALLOW FOR THE RETENTION OR DISCHARGE OF A LIEN ELECTRONICALLY.
Rep. HIXON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henegan Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham West Wetmore Wheeler White Whitmire S. Williams Willis Wooten Yow
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. 3957 (Word version) -- Reps. Hewitt, Kirby, Bailey and G. M. Smith: A BILL TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH AND SIZE LIMITS FOR THE TAKING, POSSESSING, LANDING, SELLING, OR PURCHASING OF CERTAIN FISH FROM THE STATE'S WATERS, SO AS TO DECREASE THE CATCH LIMIT AND INCREASE THE SIZE LIMIT FOR FLOUNDER.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3957 (Word version) (COUNCIL\CZ\3957C001.DF.CZ21) adopted:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. The amendments contained in SECTIONS 1 and 2 of this act are repealed on June 30, 2025 and the text amended by these SECTIONS therefore shall revert back to the language as contained in the South Carolina Code of Laws as of January 1, 2020.
SECTION 4. The Department of Natural Resources shall furnish a written report to the General Assembly on South Carolina's stock of flounder by January 30, 2025. The report must provide future projections.
SECTION 5. This act takes effect on July 1, 2021. /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON explained the amendment.
The amendment was then adopted.
Rep. LOWE proposed the following Amendment No. 2 to H. 3957 (Word version) (COUNCIL\CZ\3957C002.DF.CZ21)
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 50-5-1705(G) of the 1976 Code is amended to read:
"(G) It is unlawful for a person to take or possess more than ten five flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day, not to exceed twenty ten flounder in any one day on any boat. Non-residents may not take or possess flounder." /
Renumber sections to conform.
Amend title to conform.
Rep. LOWE explained the amendment.
Rep. LOWE spoke in favor of the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HIOTT moved that the House recur to the morning hour, which was agreed to.
The SPEAKER granted Rep. FINLAY a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment 2:
H. 3957 (Word version) -- Reps. Hewitt, Kirby, Bailey and G. M. Smith: A BILL TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH AND SIZE LIMITS FOR THE TAKING, POSSESSING, LANDING, SELLING, OR PURCHASING OF CERTAIN FISH FROM THE STATE'S WATERS, SO AS TO DECREASE THE CATCH LIMIT AND INCREASE THE SIZE LIMIT FOR FLOUNDER.
Rep. LOWE proposed the following Amendment No. 2 to H. 3957 (Word version) (COUNCIL\CZ\3957C002.DF.CZ21), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 50-5-1705(G) of the 1976 Code is amended to read:
"(G) It is unlawful for a person to take or possess more than ten five flounder (Paralichthys species) taken by means of gig, spear, hook and line, or similar device in any one day, not to exceed twenty ten flounder in any one day on any boat. Non-residents may not take or possess flounder." /
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT spoke against the amendment.
Rep. HIOTT moved to table the amendment, which was agreed to by a division vote of 60-21.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Kimmons King Kirby Ligon Long Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks Wheeler White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Jordan Lowe West
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3865 (Word version) -- Reps. Wetmore, Hewitt, Cogswell, Bustos, Anderson, Stavrinakis, Bennett, Erickson and Bradley: A BILL TO AMEND SECTION 50-21-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT LAWS AND ORDINANCES, SO AS TO PROHIBIT A LOCAL GOVERNMENT FROM ADOPTING AN ORDINANCE RELATING TO WATERCRAFT OR WATER DEVICES USED OR HELD FOR USE ON THE WATERS OF THIS STATE AND TO PROVIDE EXCEPTIONS.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3865 (Word version) (COUNCIL\CZ\3865C001.DF.CZ21), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 50-21-30 of the 1976 Code is amended to read:
"Section 50-21-30. (1)(A) For the purposes of this section, 'floating structure' means a man-made object other than a watercraft that is capable of flotation and that is not authorized by a permit issued by an agency of this State.
(B) The provisions of Title 50 and other applicable laws of this State shall govern the operation, equipment, titling, numbering, and all other matters relating thereto for watercraft and water devices using or held for use on the waters of this State; but nothing in this chapter may be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of watercraft; provided, that the ordinances or local laws shall be operative only so long as and to the extent that they are identical to provisions of this chapter, amendments thereto, or regulations issued thereunder. A local government may not adopt an ordinance regulating watercraft or water devices used or held for use on the waters of this State unless the ordinance is:
(1) identical to a provision of this chapter;
(2) identical to a regulation promulgated under the authority of a provision of this chapter; or
(3) authorized pursuant to the provisions of this section.
(2) Any subdivision of this State may, at any time, but only after three days' public notice make formal application to the department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which make such special rules and regulations necessary or appropriate.
(C)(1) A local government may adopt an ordinance requiring a permit for a watercraft or floating structure to remain moored, anchored, or otherwise located on public waters within its local jurisdiction for more than fourteen consecutive days. The cost of a permit required by a local government may not exceed fifteen dollars. An ordinance adopted pursuant to this subsection does not apply to watercraft:
(a) moored to a dock or marina berth with permission from the dock or berth owner; or
(b) moored to a mooring buoy that is permitted pursuant to Regulation 30-12 of the Department of Health and Environmental Control and with the permission from the buoy owner.
(2) Notwithstanding the provisions of Section 5-7-140(B), the corporate limits of a municipality extend to the channel of any public waters within the municipality for the purposes of the enforcement of an ordinance adopted pursuant to the provisions of this subsection.
(D) An officer of the department who reasonably believes that watercraft within a local government's jurisdiction is in violation of an ordinance adopted pursuant to the provisions of this section must provide the location of the watercraft to the local government.
(3)(E) The department is hereby authorized to make special rules and regulations with reference to the operation of vessels watercraft on the waters within the territorial limits of this State." /
Renumber sections to conform.
Amend title to conform.
Rep. CHUMLEY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Davis Dillard Elliott Erickson Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire S. Williams Willis Wooten Yow
Those who voted in the negative are:
Bustos Calhoon Felder Hardee
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3541 (Word version) -- Reps. Hixon, Burns and Forrest: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-35-55 SO AS TO PROVIDE THAT THE REGULATION OF FIRES BY THE STATE FORESTER DOES NOT APPLY TO FIRES USED FOR THE PREPARATION OF FOOD OR FIRES USED IN APPROPRIATE ENCLOSURES; AND TO AMEND SECTION 48-23-96, RELATING TO THE APPOINTMENT OF LAW ENFORCEMENT OFFICERS TO CARRY OUT THE ENFORCEMENT RESPONSIBILITIES OF THE COMMISSION, SO AS TO ALLOW FOR THE ISSUANCE OF WARNING TICKETS.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3541 (Word version) (COUNCIL\CZ\3541C002.DF.CZ21), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 35, Title 48 of the 1976 Code is amended by adding:
"Section 48-35-55. Except as otherwise provided by law, the provisions of this chapter do not apply to a fire used for the preparation of food for immediate consumption, or fires burned in portable outdoor fireplaces, chimineas, or permanent fire pits constructed of stone, masonry, metal or other noncombustible material that conforms with all applicable South Carolina fire codes so long as a person has cleared around the area to be burned and has immediately available sufficient equipment and personnel to adequately secure the fire and prevent its spread." /
Renumber sections to conform.
Amend title to conform.
Rep. HIXON explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks West Wheeler White Whitmire S. Williams Willis Wooten Yow
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. 4035 (Word version) -- Reps. Hiott, Bailey and Hewitt: A BILL TO AMEND ACT 129 OF 2014, RELATING TO THE SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT, SO AS TO EXTEND THE PROVISIONS OF CHAPTER 60, TITLE 48 UNTIL DECEMBER 31, 2023, AND TO PROVIDE THAT THE PROVISIONS OF REGULATION 61-124 SHALL EXPIRE ON DECEMBER 31, 2023.
Rep. CHUMLEY explained the Bill.
The yeas and nays were taken resulting as follows:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Davis Dillard Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire Willis Wooten Yow
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4027 (Word version) -- Rep. Burns: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO RENEWABLE WATER RESOURCES (REWA) FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO AMEND REWA'S SERVICE AREA AND TO REVISE THE MEMBERSHIP OF THE GOVERNING COMMISSION.
Rep. CHUMLEY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brittain Burns Bustos Carter Caskey Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Davis Dillard Elliott Erickson Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henderson-Myers Hewitt Hill Hiott Hixon Hosey Jefferson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Lucas Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore Morgan V. S. Moss Murphy Murray B. Newton W. Newton Oremus Ott Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire S. Williams Willis Wooten Yow
Those who voted in the negative are:
Allison Calhoon Chumley Felder Huggins Hyde Long Magnuson T. Moore D. C. Moss Nutt
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3921 (Word version) -- Rep. Stavrinakis: A BILL TO AMEND SECTION 58-23-1610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE TRANSPORTATION NETWORK COMPANY ACT, SO AS TO REVISE THE DEFINITIONS OF "PERSONAL VEHICLE" AND "PREARRANGED RIDE".
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3921 (Word version) (COUNCIL\ZW\ 3921C001.CC.ZW21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 58-23-1610(2) of the 1976 Code is amended to read:
"(2)(a) 'Personal vehicle' means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is:
(a)(i) owned, leased, or otherwise authorized for use by the transportation network company driver; and
(b)(ii) not a taxi, or charter bus, charter limousine, or for-hire vehicle.
(b) A personal vehicle may be, but is not required to be, registered or licensed as a charter limousine with the South Carolina Public Service Commission or as a limousine or other for-hire vehicle by the governing body of a county or city."
SECTION 2. Section 58-23-1610(9) of the 1976 Code is amended to read:
"(9) 'Prearranged ride' means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include shared expense carpool or vanpool arrangements, or transportation provided using a taxi, limousine, or other for-hire vehicle pursuant to a Class C certificate issued by the South Carolina Public Service Commission or pursuant to a license issued by the governing body of a county or city. A prearranged ride does not include services provided pursuant to Articles 1 through 15, Chapter 23, Title 58 or arranging nonemergency medical transportation for individuals qualifying for Medicaid or Medicare pursuant to a contract with the State or a managed care organization."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. WEST explained the amendment.
The amendment was then adopted.
Rep. WEST explained the Bill.
The question recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Burns Bustos Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Davis Dillard Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks Wetmore Wheeler White Whitmire S. Williams Willis Wooten Yow
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. 3281 (Word version) -- Reps. King and Robinson: A BILL TO AMEND SECTION 17-5-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR CREMATION WHICH MUST BE ISSUED BY CORONERS, SO AS TO PROVIDE THAT NO FEE FOR A PERMIT FOR CREMATION MAY BE CHARGED; AND TO AMEND SECTION 44-63-40, RELATING TO COUNTY REGISTRARS AND THE ISSUANCE OF BURIAL-REMOVAL-TRANSIT PERMITS, SO AS TO PROHIBIT A CORONER OR MEDICAL EXAMINER FROM CHARGING A FEE FOR SUCH PERMIT.
Rep. JEFFERSON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Burns Bustos Calhoon Carter Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith Stavrinakis Stringer Taylor Tedder Thigpen Trantham Weeks Wetmore Wheeler White Whitmire S. Williams Willis Wooten Yow
Those who voted in the negative are:
Felder Martin
So, the Bill was read the second time and ordered to third reading.
I abstained from voting on H. 3281 (Word version) due to a potential conflict of interest and wish to have my recusal noted for the record in the House Journal.
Rep. Mark Smith
Rep. ATKINSON moved that the House do now adjourn, which was agreed to.
At 1:40 p.m. the House, in accordance with the motion of Rep. WEST, adjourned in memory of John Claud Poore, to meet at 10:00 a..m tomorrow.
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