South Carolina General Assembly
124th Session, 2021-2022
Journal of the House of Representatives

NO. 60

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________

THURSDAY, MAY 6, 2021
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Exodus 33:14: "My presence will go with you, and I will give you rest."

Let us pray. Almighty God, we thank You for Your care of these women and men who have given so much to this Assembly, to make the system of government work. Care for our defenders of freedom and first responders as they care for us. Look in favor and bless our World, Nation, President, State, Governor, Speaker, staff, and all who give of their time and effort to this great cause. 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 the SPEAKER.

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

MOTION ADOPTED

Rep. BERNSTEIN moved that when the House adjourns, it adjourn in memory of Howard B. Stravitz, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Howard B. Stravitz.

HOUSE RESOLUTION

The following was introduced:

H. 4344 (Word version) -- Reps. Govan and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF GENEVA MILLER SEEGARS POWE AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4345 (Word version) -- Reps. T. Moore, Hyde, 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, Huggins, 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, 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 RECOGNIZE AND COMMEND THE HONORABLE PHILLIP K. SINCLAIR, FAMILY COURT JUDGE FOR THE SOUTH CAROLINA SEVENTH JUDICIAL CIRCUIT, UPON THE OCCASION OF HIS RETIREMENT AFTER YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

Whereas, the members of the South Carolina House of Representatives have learned that the Honorable Phillip K. Sinclair will begin a well-deserved retirement after years of dedicated service to the citizens of South Carolina, including being a distinguished and highly-regarded family court judge for the Seventh Judicial Circuit since 2010; and

Whereas, born in Union in 1953, Phillip Sinclair is the son of William R. and Elsie L. Sinclair, and he earned a degree in English from Wofford College in 1975 and a juris doctorate from the University of South Carolina School of Law in 1978; and

Whereas, after graduation from law school, Mr. Sinclair clerked for a circuit court judge and then served as an assistant solicitor for three years; and

Whereas, following his service in the solicitor's office, he worked in private law practice and served the citizens of District 35 in Spartanburg with distinction from 2001 until 2006 as a representative in the South Carolina House of Representatives; and

Whereas, in 2010, Judge Sinclair was elected to the court by the South Carolina General Assembly and was most recently re-elected in February 2019; and

Whereas, a faithful member of Cedar Spring Baptist Church, he has served the congregation as a deacon. With dedication to his community, he has served as a member of the board of directors of the Charles Lea Center and of the Spartanburg County Board of Disabilities and Special Needs; and

Whereas, together with his beloved wife of nearly forty-seven years, Vicki Reynolds Butler, he reared three fine children: Phillip, John, and William; and

Whereas, grateful for his many years of distinguished service to the citizens of South Carolina, the South Carolina House of Representatives takes great pleasure in extending best wishes to Phillip Sinclair, our friend and colleague, as he transitions to a richly deserved retirement and the unhurried pace of the days ahead, and the members wish him many years of enjoyment in his well-earned retirement. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives, by this resolution, recognize and commend the Honorable Phillip K. Sinclair, family court judge for the South Carolina Seventh Judicial Circuit, upon the occasion of his retirement after years of exemplary service, and wish him continued success and happiness in all his future endeavors.
Be it further resolved that a copy of this resolution be presented to the Honorable Phillip K. Sinclair.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4346 (Word version) -- Reps. May, 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, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Martin, Matthews, 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 RECOGNIZE FRIDAY, SEPTEMBER 10, 2021, AS "BE A BRAVE YOU DAY" IN SOUTH CAROLINA IN ORDER TO HELP SPREAD AWARENESS OF BULLYING AND TO ENCOURAGE ANTI-BULLYING EFFORTS TO COMBAT THE BULLYING THAT OCCURS IN EVERY AGE GROUP.

The Resolution was adopted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4347 (Word version) -- Reps. Gatch, Felder, Ott and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-85 SO AS TO PROVIDE PUBLIC SCHOOLS MAY ALLOW STUDENTS TO POSSESS AND USE CERTAIN SUNSCREEN ON SCHOOL PROPERTY AND AT SCHOOL-SPONSORED EVENTS WITH PARENTAL CONSENT, TO DEFINE NECESSARY TERMS, TO PROVIDE PUBLIC SCHOOLS MAY ADOPT POLICIES ALLOWING STUDENTS TO USE ARTICLES OF SUN-PROTECTIVE CLOTHING, TO PROVIDE SCHOOL DISTRICTS MAY ALLOW SCHOOL PERSONNEL TO ASSIST STUDENTS IN APPLYING SUNSCREEN WITH WRITTEN PARENTAL CONSENT, TO PROVIDE CIVIL LIABILITY PROTECTIONS FOR GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ACT, TO PROVIDE FOR THE CONSTRUCTION OF THIS ACT, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE CERTAIN RELATED ASSISTANCE AND GUIDANCE TO SCHOOLS CONCERNING THE ADMINISTRATION OF APPLICABLE PROVISIONS OF THIS ACT; AND BY ADDING SECTION 63-13-220 SO AS TO PROVIDE DAY CAMPS REGULATED BY THE DEPARTMENT OF SOCIAL SERVICES MAY ALLOW CAMPERS TO POSSESS AND USE CERTAIN SUNSCREEN ON SCHOOL PROPERTY OR AT SCHOOL-SPONSORED EVENTS WITH PARENTAL CONSENT, TO DEFINE NECESSARY TERMS, TO PROVIDE THESE DAY CAMPS MAY ADOPT POLICIES ALLOWING CAMPERS TO USE ARTICLES OF SUN-PROTECTIVE CLOTHING, TO PROVIDE THESE DAY CAMPS MAY ALLOW THEIR PERSONNEL TO ASSIST CAMPERS IN APPLYING SUNSCREEN WITH WRITTEN PARENTAL CONSENT, TO PROVIDE CIVIL LIABILITY PROTECTIONS FOR GOOD FAITH COMPLIANCE WITH THE PROVISIONS OF THIS ACT, TO PROVIDE FOR THE CONSTRUCTION OF THIS ACT, AND TO PROVIDE THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROVIDE CERTAIN RELATED ASSISTANCE AND GUIDANCE TO DAY CAMPS CONCERNING THE ADMINISTRATION OF APPLICABLE PROVISIONS OF THIS ACT.
Referred to Committee on Education and Public Works

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Ballentine
Bannister                Bennett                  Bernstein
Blackwell                Bradley                  Brawley
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Carter
Caskey                   Chumley                  Clyburn
Cobb-Hunter              Collins                  W. Cox
Crawford                 Dabney                   Daning
Dillard                  Elliott                  Felder
Finlay                   Forrest                  Fry
Gagnon                   Garvin                   Gatch
Gilliam                  Gilliard                 Govan
Haddon                   Hardee                   Hart
Henderson-Myers          Henegan                  Herbkersman
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            K. O. Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
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
Taylor                   Tedder                   Thayer
Thigpen                  Trantham                 Weeks
West                     Wetmore                  Wheeler
White                    Whitmire                 R. Williams
S. Williams              Willis                   Wooten
Yow                                               

Total Present--115
LEAVE OF ABSENCE

The SPEAKER granted Rep. DAVIS a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. B. COX a leave of absence for the day due to a prior business commitment.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN temporary leave.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., May 3, 2021
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
Spartanburg County Master-in-Equity
Term Commencing: 07/01/2021
Term Expiring: 06/30/2027

Sharon M. Phillips
251 Coggins Shore Road
Inman, South Carolina 29349

Yours very truly,
Henry McMaster
Governor

The yeas and nays were taken resulting as follows:

Yeas 81; Nays 0

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Blackwell
Bradley                  Brittain                 Bryant
Burns                    Bustos                   Calhoon
Carter                   Clyburn                  Collins
W. Cox                   Crawford                 Dabney
Daning                   Dillard                  Elliott
Felder                   Finlay                   Forrest
Fry                      Gagnon                   Garvin
Gatch                    Gilliam                  Gilliard
Haddon                   Hardee                   Henderson-Myers
Henegan                  Hewitt                   Hiott
Hosey                    Huggins                  Hyde
Jefferson                J. E. Johnson            K. O. Johnson
Jones                    Kirby                    Ligon
Lowe                     Lucas                    Matthews
May                      McCabe                   McCravy
McDaniel                 McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murray                   B. Newton
Nutt                     Oremus                   Ott
Pendarvis                Pope                     Robinson
Sandifer                 Simrill                  G. M. Smith
M. M. Smith              Tedder                   Thayer
Weeks                    Wetmore                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--81

Those who voted in the negative are:

Total--0

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., May 3, 2021
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
Greenville County Master-in-Equity
Term Commencing: 01/01/2021
Term Expiring: 12/31/2027

The Honorable Charles B. Simmons, Jr.
11 West Hillcrest Drive
Greenville, South Carolina 29609
Yours very truly,
Henry McMaster
Governor

The yeas and nays were taken resulting as follows:

Yeas 91; Nays 0

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Bernstein
Blackwell                Bradley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Carter                   Chumley
Clyburn                  Collins                  W. Cox
Crawford                 Dabney                   Dillard
Elliott                  Felder                   Finlay
Forrest                  Fry                      Gagnon
Garvin                   Gatch                    Gilliam
Gilliard                 Haddon                   Hardee
Henderson-Myers          Henegan                  Herbkersman
Hewitt                   Hiott                    Hosey
Huggins                  Hyde                     Jefferson
J. E. Johnson            K. O. Johnson            Jones
Jordan                   Kirby                    Ligon
Lowe                     Lucas                    Magnuson
Matthews                 May                      McCabe
McCravy                  McDaniel                 McGarry
McGinnis                 J. Moore                 T. Moore
Morgan                   D. C. Moss               Murray
B. Newton                W. Newton                Nutt
Oremus                   Ott                      Pendarvis
Pope                     Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Weeks                    Wetmore
White                    Whitmire                 R. Williams
S. Williams              Willis                   Wooten
Yow                                               

Total--91

Those who voted in the negative are:

Total--0

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

CONFIRMATION OF APPOINTMENT

The following was received:

State of South Carolina
Office of the Governor

Columbia, S.C., May 3, 2021
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
Greenville County Master-in-Equity
Term Commencing: 07/01/2021
Term Expiring: 06/30/2027

The Honorable Teasa Kay Weaver
917 Snow Prince Lane
York, South Carolina 29745

Yours very truly,
Henry McMaster
Governor

The yeas and nays were taken resulting as follows:

Yeas 96; Nays 0

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Bernstein
Blackwell                Bradley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Carter                   Caskey
Clyburn                  Cobb-Hunter              Collins
W. Cox                   Crawford                 Dabney
Elliott                  Felder                   Finlay
Forrest                  Fry                      Gagnon
Garvin                   Gatch                    Gilliam
Gilliard                 Haddon                   Hardee
Hart                     Henderson-Myers          Henegan
Herbkersman              Hewitt                   Hiott
Hixon                    Hosey                    Huggins
Hyde                     Jefferson                J. E. Johnson
J. L. Johnson            Jones                    Jordan
Kimmons                  Kirby                    Ligon
Lowe                     Lucas                    Magnuson
Martin                   Matthews                 May
McCabe                   McCravy                  McDaniel
McGarry                  McGinnis                 McKnight
J. Moore                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murray
B. Newton                W. Newton                Nutt
Oremus                   Ott                      Pendarvis
Pope                     Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Weeks                    Wetmore                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--96

Those who voted in the negative are:

Total--0

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

S. 729--ORDERED TO THIRD READING

The following Bill was taken up:

S. 729 (Word version) -- Senators Gustafson and McElveen: A BILL TO AMEND SECTIONS 1 AND 2 OF ACT 725 OF 1969, RELATING TO KERSHAW HEALTH, TO PROVIDE FOR THE COMPOSITION OF THE KERSHAW HEALTH BOARD OF DIRECTORS, THE MANNER OF NOMINATION AND APPOINTMENT TO THE BOARD, AND THE TERMS OF BOARD MEMBERS, AND TO REVISE THE PURPOSE AND SCOPE OF THE BOARD'S POWERS AND DUTIES; TO AMEND SECTION 3 OF ACT 868 OF 1954, RELATING TO THE BOARD'S POWERS AND DUTIES, TO MAKE CONFORMING CHANGES; AND TO PROVIDE FOR THE APPOINTMENT OF A NEW BOARD OF DIRECTORS, AND TO STAGGER THE TERMS OF THE NEW BOARD OF DIRECTORS.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander                Allison                  Atkinson
Bailey                   Ballentine               Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brittain                 Bryant
Burns                    Bustos                   Calhoon
Carter                   Caskey                   Chumley
Clyburn                  Cobb-Hunter              Collins
W. Cox                   Crawford                 Dabney
Dillard                  Elliott                  Felder
Finlay                   Forrest                  Fry
Gagnon                   Garvin                   Gatch
Gilliam                  Gilliard                 Haddon
Hardee                   Hart                     Henderson-Myers
Henegan                  Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Huggins                  Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            K. O. Johnson
Jones                    Jordan                   Kimmons
Kirby                    Ligon                    Lowe
Lucas                    Magnuson                 Martin
Matthews                 May                      McCabe
McCravy                  McDaniel                 McGarry
McGinnis                 McKnight                 J. Moore
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              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Weeks                    West                     Wetmore
Wheeler                  Whitmire                 R. Williams
S. Williams              Willis                   Wooten
Yow                                               

Total--103

Those who voted in the negative are:

Total--0

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

S. 729--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DABNEY, with unanimous consent, it was ordered that S. 729 (Word version) be read the third time tomorrow.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 427 (Word version) -- Senators Alexander, Hutto and Scott: A BILL TO AMEND SECTION 40-43-75 OF THE 1976 CODE, RELATING TO RENAL DIALYSIS FACILITIES, TO PROVIDE THAT A RENAL DRUG MANUFACTURER OR ITS AGENT MAY DELIVER A LEGEND DRUG OR DEVICE TO A PATIENT OF A RENAL DIALYSIS FACILITY IF CERTAIN CRITERIA ARE MET, AND TO DEFINE NECESSARY TERMS.

ORDERED ENROLLED FOR RATIFICATION

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

S. 431 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 44-21-80(A) OF THE 1976 CODE, RELATING TO REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS, TO UPDATE THE NAMES OF THOSE AUTHORIZED TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS.

S. 455 (Word version) -- Senator Davis: A BILL TO AMEND SECTION 40-33-36 OF THE 1976 CODE, RELATING TO THE TEMPORARY LICENSURE OF NURSES, TO CREATE AN ADDITIONAL CATEGORY OF TEMPORARY LICENSURE FOR GRADUATE NURSES, TO PRESCRIBE CRITERIA FOR OBTAINING TEMPORARY LICENSURE AS A GRADUATE NURSE, TO PROVIDE FOR SITUATIONS IN WHICH TEMPORARY LICENSURE AS A GRADUATE NURSE SHALL BE IMMEDIATELY REVOKED, AND TO DEFINE NECESSARY TERMS.

S. 503 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 40-33-34, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL ACTS THAT ADVANCED PRACTICE REGISTERED NURSES MAY PERFORM, SO AS TO INCLUDE ISSUING ORDERS FOR CERTAIN HOME HEALTH SERVICES; AND TO AMEND SECTION 40-47-935, AS AMENDED, RELATING TO MEDICAL ACTS THAT PHYSICIAN ASSISTANTS MAY PERFORM, SO AS TO INCLUDE ISSUING ORDERS FOR CERTAIN HOME HEALTH SERVICES.

S. 231 (Word version) -- Senators Shealy, McLeod and Matthews: A BILL TO ENACT THE "STUDENT IDENTIFICATION CARD SUICIDE PREVENTION ACT"; TO AMEND ARTICLE 5, CHAPTER 1, TITLE 59 OF THE 1976 CODE, RELATING TO MISCELLANEOUS PROVISIONS FOR EDUCATION, BY ADDING SECTION 59-1-375, TO PROVIDE THAT PUBLIC SCHOOLS AND PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING SHALL ADD THE TELEPHONE NUMBER FOR THE NATIONAL SUICIDE PREVENTION LIFELINE TO STUDENT IDENTIFICATION CARDS AND MAY ADD TELEPHONE AND TEXT NUMBERS FOR CERTAIN OTHER HOTLINES TO STUDENT IDENTIFICATION CARDS, AND TO PROVIDE FOR THE USE OF STUDENT IDENTIFICATION CARDS IN EXISTENCE BEFORE THE IMPLEMENTATION OF THIS REQUIREMENT.

S. 463 (Word version) -- Senators Alexander, Cromer, Grooms, Scott and Loftis: A BILL TO DELETE SECTION 2.B. OF ACT 134 OF 2016, RELATING TO THE EXPIRATION OF TAX CREDITS FOR THE PURCHASE OF GEOTHERMAL MACHINERY AND EQUIPMENT.

S. 689 (Word version) -- Senators Leatherman, Massey, Malloy, Alexander, Peeler, Setzler, Williams, Scott, Fanning and Campsen: A JOINT RESOLUTION TO EXTEND THE INCOME TAX FILING DUE DATE FOR INDIVIDUALS UNTIL THE SAME DATE AS FEDERAL RETURNS AND PAYMENTS FOR INDIVIDUALS ARE DUE.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 4320 (Word version) -- Reps. G. R. Smith, Trantham and Willis: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO UPDATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

S. 587--DEBATE ADJOURNED

The following Bill was taken up:

S. 587 (Word version) -- Senator Turner: A BILL TO AMEND SECTION 11-41-75(A) AND (B) OF THE 1976 CODE, RELATING TO ECONOMIC DEVELOPMENT BONDS FOR CONVENTIONS AND TRADE SHOWS, TO PROVIDE THAT THE PROVISIONS REQUIRING THE REIMBURSEMENT OF BOND PROCEEDS, PLUS INTEREST, UPON THE SALE OF A MEETING AND EXHIBIT SPACE ARE NOT APPLICABLE IF THE SALE PROCEEDS ARE USED IN THEIR ENTIRETY FOR A NEW MEETING AND EXHIBIT SPACE OF NOT LESS THAN FIFTY THOUSAND SQUARE FEET, OR TO REIMBURSE A STATE AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION FOR THE ACQUISITION OR CONSTRUCTION OF A NEW MEETING AND EXHIBIT SPACE OF NOT LESS THAN FIFTY THOUSAND SQUARE FEET IF CONSTRUCTION OCCURRED PRIOR TO THE SALE OF THE ORIGINAL MEETING AND EXHIBIT SPACE, AND TO PROVIDE CONDITIONS UNDER WHICH THE EXEMPTION APPLIES.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 677--DEBATE ADJOURNED

The following Bill was taken up:

S. 677 (Word version) -- Senators Davis, Goldfinch, Jackson, Shealy, Grooms, Gambrell, Matthews, Turner, Alexander, Hutto, Talley, Kimpson, McElveen, Stephens, M. Johnson, Williams, Kimbrell, Campsen, Sabb and Climer: A BILL TO AMEND SECTION 12-2-100 OF THE 1976 CODE, RELATING TO TAX CREDITS, TO PROVIDE FOR THE ALLOCATION OF A TAX CREDIT OR UNUSED CREDIT AMOUNT CARRIED FORWARD THAT IS EARNED BY A PARTNERSHIP OR LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 436--DEBATE ADJOURNED

The following Bill was taken up:

S. 436 (Word version) -- Senators Cromer, Shealy, Rice, Talley, K. Johnson, Scott, Turner, Alexander and Gambrell: A BILL TO AMEND SECTION 12-6-3530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMUNITY DEVELOPMENT TAX CREDITS, SO AS TO DELETE AN AGGREGATE CREDIT PROVISION AND SET AN ANNUAL LIMIT.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 675--DEBATE ADJOURNED

The following Bill was taken up:

S. 675 (Word version) -- Senators Kimbrell, Rice, Talley, Peeler, Gambrell, Turner, Alexander, Bennett, Garrett and Cash: A BILL TO AMEND SECTION 12-37-2460 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF TAX PROCEEDS, TO CREDIT THE PROCEEDS OF TAXES TO THE STATE AVIATION FUND; TO AMEND SECTION 55-5-280(B) OF THE 1976 CODE, RELATING TO THE STATE AVIATION FUND, TO PHASE IN THE CREDITING OF THE PROCEEDS; AND TO PROVIDE THAT A PORTION OF THE REVENUES COLLECTED MUST BE USED TO OBTAIN OR DEVELOP THROUGH THE SOUTH CAROLINA AERONAUTICS COMMISSION AN AIRPORT FACILITY IN A COUNTY WITHOUT AN AIRPORT FACILITY.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 461--DEBATE ADJOURNED

The following Bill was taken up:

S. 461 (Word version) -- Senators Alexander, Setzler and Cromer: A BILL TO ENACT THE "SOUTH CAROLINA PAY FOR SUCCESS PERFORMANCE ACCOUNTABILITY ACT"; TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 60, TO ESTABLISH THE TRUST FUND FOR PERFORMANCE ACCOUNTABILITY TO FUND PAY-FOR-SUCCESS CONTRACTS, WHEREBY THE STATE CONTRACTS WITH A PRIVATE-SECTOR ORGANIZATION TO ACHIEVE SPECIFICALLY DEFINED MEASUREABLE OUTCOMES IN WHICH THE STATE PAYS ONLY TO THE EXTENT THAT THE DESIRED OUTCOMES ARE ACHIEVED.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 658--DEBATE ADJOURNED

The following Bill was taken up:

S. 658 (Word version) -- Senator Bennett: A BILL TO AMEND SECTION 1-11-710 OF THE 1976 CODE, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY MAKING INSURANCE AVAILABLE TO ACTIVE AND RETIRED EMPLOYEES, TO PROVIDE THAT THE PUBLIC EMPLOYEE BENEFIT AUTHORITY MAY ESTABLISH RULES FOR ELIGIBILITY AND ENROLLMENT FOR FULLY INSURED INSURANCE PRODUCTS FOR WHICH IT IS THE PLAN SPONSOR AND TO PROVIDE THAT MEDICAL EVIDENCE OF INSURABILITY SHALL NOT BE REQUIRED SOONER THAN THIRTY DAYS FROM THE DATE A PERSON IS FIRST ELIGIBLE TO ENROLL IN A FULLY INSURED INSURANCE PRODUCT; TO AMEND SECTION 9-1-1650 OF THE 1976 CODE, RELATING TO AMOUNTS PAID UPON THE TERMINATION OF EMPLOYMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, TO PROVIDE THAT A MEMBER WHO IS NOT RETIRED MAY NAME CONTINGENT BENEFICIARIES IN THE SAME MANNER AS PRIMARY BENEFICIARIES, TO PROVIDE THAT A CONTINGENT BENEFICIARY DOES NOT HAVE CERTAIN RIGHTS UNLESS ALL PRIMARY BENEFICIARIES HAVE PREDECEASED THE MEMBER AND THE MEMBER'S DEATH OCCURS BEFORE RETIREMENT, AND TO PROVIDE THAT A MEMBER MAY NOT NAME A CONTINGENT BENEFICIARY FOR DEATH BENEFITS UNDER A PRERETIREMENT DEATH BENEFIT PROGRAM; TO AMEND SECTION 9-8-110(1) OF THE 1976 CODE, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, TO PROVIDE THAT A MEMBER WHO IS NOT RETIRED MAY NAME SECONDARY BENEFICIARIES IN THE SAME MANNER AS PRIMARY BENEFICIARIES, TO PROVIDE THAT A SECONDARY BENEFICIARY DOES NOT HAVE CERTAIN RIGHTS UNLESS ALL PRIMARY BENEFICIARIES HAVE PREDECEASED THE MEMBER AND THE MEMBER'S DEATH OCCURS BEFORE RETIREMENT, AND TO PROVIDE THAT A MEMBER MAY NOT NAME A SECONDARY BENEFICIARY FOR DEATH BENEFITS UNDER A PRERETIREMENT DEATH BENEFIT PROGRAM; TO AMEND SECTION 9-9-100(1) OF THE 1976 CODE, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, TO PROVIDE THAT A MEMBER WHO IS NOT RETIRED MAY NAME CONTINGENT BENEFICIARIES IN THE SAME MANNER AS PRIMARY BENEFICIARIES, TO PROVIDE THAT A CONTINGENT BENEFICIARY DOES NOT HAVE CERTAIN RIGHTS UNLESS ALL PRIMARY BENEFICIARIES HAVE PREDECEASED THE MEMBER AND THE MEMBER'S DEATH OCCURS BEFORE RETIREMENT, AND TO PROVIDE THAT A MEMBER MAY NOT NAME A CONTINGENT BENEFICIARY FOR DEATH BENEFITS UNDER A PRERETIREMENT DEATH BENEFIT PROGRAM; TO AMEND SECTION 9-11-110(3) OF THE 1976 CODE, RELATING TO THE LUMP SUM PAID IN THE EVENT OF A DEATH UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, TO PROVIDE THAT A MEMBER WHO IS NOT RETIRED MAY NAME CONTINGENT BENEFICIARIES IN THE SAME MANNER AS PRIMARY BENEFICIARIES, TO PROVIDE THAT A CONTINGENT BENEFICIARY DOES NOT HAVE CERTAIN RIGHTS UNLESS ALL PRIMARY BENEFICIARIES HAVE PREDECEASED THE MEMBER AND THE MEMBER'S DEATH OCCURS BEFORE RETIREMENT, AND TO PROVIDE THAT A MEMBER MAY NOT NAME A CONTINGENT BENEFICIARY FOR DEATH BENEFITS UNDER A PRERETIREMENT DEATH BENEFIT PROGRAM; AND TO REPEAL CHAPTER 2, TITLE 9 OF THE 1976 CODE, RELATING TO THE RETIREMENT AND PRERETIREMENT ADVISORY PANEL.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 527--DEBATE ADJOURNED

The following Bill was taken up:

S. 527 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR THE VARIOUS CLASSES OF PROPERTY FOR PURPOSES OF IMPOSITION OF THE PROPERTY TAX, SO AS TO DEFINE "LEGALLY SEPARATED" FOR PURPOSES OF THE CERTIFICATE CONTAINED IN THE APPLICATION FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND TO REQUIRE ANNUAL REAPPLICATION AND RECERTIFICATION TO MAINTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR CERTAIN SEPARATED SPOUSES.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 609--DEBATE ADJOURNED

The following Bill was taken up:

S. 609 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-140 SO AS TO AUTHORIZE STATE AGENCIES AND POLITICAL SUBDIVISIONS THAT HAVE ACCESS TO FEDERAL TAX INFORMATION TO CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS EMPLOYEES AND CONTRACTORS.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

S. 627--DEBATE ADJOURNED

The following Bill was taken up:

S. 627 (Word version) -- Senators Bennett, Adams, Kimbrell, M. Johnson, Davis, Turner, Campsen, Hembree, Alexander, Williams, Cromer, McElveen, Loftis, Climer, Talley, Rice, Garrett, Rankin, Leatherman, Young and Gustafson: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CREATE AN ELECTION TO TAX PARTNERSHIPS AND "S" CORPORATIONS AT THE ENTITY LEVEL; AND TO AMEND SECTION 12-6-3400, RELATING TO CREDIT FOR INCOME TAX PAID BY SOUTH CAROLINA RESIDENTS TO ANOTHER STATE, SO AS TO PROVIDE THAT AN ELECTING PASS-THROUGH BUSINESS ENTITY IS ELIGIBLE FOR THE CREDIT.

Rep. G. M. SMITH moved to adjourn debate on the Bill until Tuesday, May 11, which was agreed to.

H. 4322--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. G. M. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:

H. 4322 (Word version) -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE THE "JUSTICE FORTY OVERSIGHT COMMITTEE" TO STUDY OPPORTUNITIES TO ADDRESS THE ISSUE OF ENVIRONMENTAL JUSTICE THROUGH TARGETED EFFORTS IN CERTAIN COMMUNITIES, TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE, TO PROVIDE THAT THE COMMITTEE SUBMIT ITS RECOMMENDATIONS TO THE WHITE HOUSE COUNCIL ON ENVIRONMENTAL QUALITY, AND TO PROVIDE FOR ITS DISSOLUTION.

H. 3539--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

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

H. 3539 (Word version) -- Reps. Davis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-55 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINE ON A PUBLIC ROAD OR WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS.

Reps. HIOTT and G.M. SMITH proposed the following Amendment No. 1A to H. 3539 (Word version) (COUNCIL\AHB\3539C001.BH.AHB21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   A.     Chapter 4, Title 47 of the 1976 Code is amended by adding:

"Section 47-4-65.   (A)   It is unlawful to transport live swine on a public road or waterway within the State unless the swine have an official form of identification approved by the State Veterinarian and are transported in such a way that the swine is visible.   Live swine transported without identification are presumed to have been taken from the wild and in violation of Section 50-16-25.

(B)   It is unlawful for a person to misuse or alter a permit, tag, or other form of identification or attempt to obtain a permit, tag, or form of identification by fraud or misrepresentation. A person is deemed to have misused identification by using the identification that was not assigned to them or assigned to another owner, knowingly providing identification to a person other than the owner of the swine, or by engaging in any other activity to circumvent the provisions of this section.

(C)   Absent an official form of identification, it is unlawful to transport live swine on a public road or waterway within this state unless accompanied by a document that may be presented in lieu of an official form of identification including a dated bill of lading, invoice, receipt, bill of sale, or similar document showing the quantity of swine to be sold or transported and the name of the wholesale producer or dealer from whom the live swine were purchased or received.

(D)   Live swine that do not leave the premises of the swine owner are not subject to the identification requirement.

(E)   A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, is subject to the penalty prescribed in Section 47-4-130. Each violation constitutes a separate offense.

(F)   Notwithstanding Chapter 3, Title 22, magistrates court has jurisdiction over actions arising under this section."
B.     Section 50-16-25 of the 1976 Code is amended to read:

"Section 50-16-25.   (A)   It is unlawful to possess, buy, sell, offer for sale, transfer, release, or transport for the purpose of release a member of the family Suidae (pig) into the wild. A person who holds a valid permit, issued by the Department of Natural Resources, for the taking, transporting, and releasing of a pig from a free roaming population or his agent may capture and release a free roaming pig so long as: (1) the permit holder has express permission from the landowner to capture and transport free roaming pigs from the tract on which the free roaming pig is to be captured, (2) the free roaming pig is captured, transported, and released pursuant to a permit issued by the Department of Natural Resources, and (3) the pig is released on the same tract on which the pig was captured or into a permitted pig enclosure utilized for hunting purposes. Under no circumstances may a free roaming pig be released in a county other than the county in which the pig was captured.

(B)   All free roaming pigs captured pursuant to a permit must be tagged at the point of capture as prescribed by the department and the tags must remain affixed to the pigs. Pig hunting enclosures must be permitted by the department at a cost of fifty dollars annually.

(C)   It is unlawful to transport a live pig captured in the wild except as permitted by this section It is unlawful to:

(1)   import, possess, buy, sell, offer for sale, transfer, or transport a live member of the family Suidae (pig) taken from the wild; or

(2)   release a live member of the family Suidae (pig) into the wild.

(B)   Each pig imported, bought, sold, offered for sale, possessed, transferred, transported, or released in violation of this section constitutes a separate offense.

(C)   The department may seize and destroy any pig obtained pursuant to this section."  
C.     Section 50-9-655 of the 1976 Code is repealed.
D.     This SECTION takes effect upon approval by the Governor and is repealed on July 1, 2024.  
SECTION   2.     A.     Title 47 of the 1976 Code is amended by adding:

"CHAPTER 8
Non-native Venomous Reptiles

Section 47-8-10.   (A)   For purposes of this chapter, 'non-native venomous reptiles' means all members of the class Reptilia including their taxonomic successors, subspecies, or any hybrid thereof, regardless of surgical alteration, determined to have the potential to cause serious human injury due to the toxic effects of its venom or poison, and includes all venomous reptiles of the class Reptilia belonging to the families Elapidae, Crotalidae, Viperidae, and Hydrophiidae; all reptiles in the genus Heloderma; and all reptiles in the family Colubridae belonging to the genera: Rhabdophis, Boiga, Dispholidus, Thelatornis, and Atractapsis.

(B)   Except as otherwise provided in this chapter, it is unlawful for a person to import into, possess, keep, purchase, have custody or control of, reproduce, or sell within this State, by any means, a non-native venomous reptile, including transactions conducted via the Internet.

(C)   A possessor of a non-native venomous reptile must be at least eighteen years of age.

(D)   A person in legal possession of a non-native venomous reptile prior to July 1, 2021, and who is the legal possessor of the animal, may keep possession of the animal for the remainder of the animal's life, subject to the following conditions:

(1)   on the effective date of this chapter, the possessor of a non-native venomous reptile immediately shall register with the Department of Natural Resources. The registration must shall include the person's name, address, telephone number, a complete inventory of each non-native venomous reptile that the person possesses, a photograph for each animal, the address for the site at which each animal is located, and an annual fee of one hundred dollars per non-native venomous reptile to cover the costs of enforcement of this chapter. The permits are valid for three years and must be renewed with the department. A possessor shall have a continuing obligation to promptly notify the department of material changes to the information required for registration. No new permits will be issued after the effective date of this chapter, except for research purposes to licensed medical facilities or institutions of higher learning;

(2)   the possessor shall prepare and submit to the department at the time of payment of the fee required by item (1) a contingency plan to protect first responders by providing for the quick and safe recapture of the non-native venomous reptile in the event of an escape;

(3)   the possessor shall maintain acquisition papers for the animal, or other documents or records that establish that the person possessed the animal prior to July 1, 2021;

(4)   the possessor shall present paperwork described in item (3) to any law enforcement authority upon request;

(5)   the venomous reptile must be housed in a sturdy and secure enclosure. Enclosures must be designed to be escape-proof, bite-proof, and have an operable lock. Each enclosure must be clearly and visibly labeled 'Venomous Reptile Inside' with scientific name, common name, appropriate antivenin, and owner's identifying information noted on the container. A written bite protocol that includes emergency contact information, local animal control office, the name and location of suitable antivenin, first aid procedures, and treatment guidelines, as well as an escape recovery plan, must be within sight of permanent housing, and a copy must accompany the transport of any venomous reptile;

(6)   venomous reptiles may only be possessed in houses, buildings, facilities, owned by the possessor or with written permission from the owner or landlord;

(7)   venomous reptiles and enclosures must be kept in secure, lockable, escape proof rooms. Rooms must be posted with a sign stating venomous reptiles inside;

(8)   in the event of an escape of a venomous reptile, the owner or possessor of the venomous reptile shall immediately notify local law enforcement and the department;

(9)   the possessor shall notify the department and local law enforcement immediately upon discovery that the non-native venomous reptile has escaped. The possessor of the animal is liable for any and all costs associated with the escape, capture, and disposition of a registered animal; and

(10)   the possessor shall comply with any and all applicable federal, state, or local laws, rules, regulations, ordinances, permits, or other permissions regarding ownership of non-native venomous reptile. Failure to comply with any law, rule, regulation, ordinance, permit, or other permission constitutes a violation of this chapter.

(E)   No person convicted of a state or federal fish or wildlife crime is eligible for a permit pursuant to the provisions of this chapter.

(F)(1)   A law enforcement officer may confiscate a non-native venomous reptile when:

(a)   the animal control authority or other person designated under this chapter has probable cause to believe that the non-native venomous reptile was acquired or is being held in contravention of this chapter; or

(b)   the non-native venomous reptile poses an immediate, imminent danger to the health and safety of the public.

(2)   A non-native venomous reptile that is confiscated under this section may be returned to the possessor if the animal control authority or law enforcement officer establishes that the possessor had legal possession of the animal pursuant to this chapter, and the return does not pose a public safety or health risk. However, the Department of Natural Resources, animal control authority, or other person designated under this chapter to confiscate a non-native venomous reptile may immediately, or at any time thereafter, euthanize the non-native venomous reptile in their discretion as such non-native venomous reptile may be considered as contraband per se to possess.

(G)   Notwithstanding the provisions of this chapter, the department may issue a permit to any business for public exhibition purposes. The exhibition must be a non-traveling, fixed facility that is open to the public for a time no less than thirty hours per week for at least six months each year. The department is authorized to issue such permits in accordance with this chapter requiring adequate facilities for humane handling, care, and confinement of non-venomous reptiles and ensuring public safety. An Association of Zoos and Aquariums accredited facility is exempt from all permitting requirements of this chapter.

(H)   A city or county may adopt an ordinance governing non-native venomous reptile that is more restrictive than this chapter. However, nothing in this chapter requires a city or county to adopt an ordinance to be in compliance with this chapter. The provisions of this section control over Section 50-16-60.

(I)   The animal control authority and its staff and agents, local law enforcement agents, state law enforcement agents, and county sheriffs and state law enforcement are authorized and empowered to enforce the provisions of this chapter.

(J)   The possessor or owner of a non-native venomous reptile, at all reasonable times, shall allow the department or other persons designated by this chapter to enter the premises and inspect the enclosure where the animal is being kept to ensure compliance with this chapter.

(K)   A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years."  
B.     This SECTION takes effect upon approval by the Governor.   /
Renumber sections to conform.  
Amend title to conform.

Rep. HIOTT explained the amendment.

POINT OF ORDER

Rep. HILL raised the Point of Order under Rule 9.3 that Amendment No. 1A was not germane to H. 3539 (Word version).
The SPEAKER overruled the point of order and stated that both Amendment 1A and the Bill concerned DNR's law enforcement duties and regulation of invasive and dangerous species. He stated that Amendment 1A was germane.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 2

Those who voted in the affirmative are:

Alexander                Allison                  Atkinson
Bailey                   Ballentine               Bennett
Bernstein                Blackwell                Bradley
Brawley                  Brittain                 Bryant
Burns                    Bustos                   Calhoon
Carter                   Caskey                   Chumley
Clyburn                  Cobb-Hunter              Collins
W. Cox                   Crawford                 Dabney
Daning                   Dillard                  Elliott
Felder                   Finlay                   Forrest
Fry                      Gagnon                   Garvin
Gatch                    Gilliam                  Gilliard
Haddon                   Hardee                   Hart
Henderson-Myers          Henegan                  Herbkersman
Hewitt                   Hiott                    Hixon
Howard                   Huggins                  Hyde
Jefferson                J. L. Johnson            K. O. Johnson
Jones                    Jordan                   Kimmons
Kirby                    Ligon                    Lowe
Lucas                    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                   Rose                     Rutherford
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 R. Williams              S. Williams
Wooten                                            

Total--103

Those who voted in the negative are:

Hill                     Willis                   

Total--2

The Senate Amendments were amended, and the Bill was ordered returned to the Senate.

H. 4027--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

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

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. BURNS explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 1

Those who voted in the affirmative are:

Alexander                Allison                  Atkinson
Bailey                   Ballentine               Bannister
Bennett                  Bernstein                Blackwell
Bradley                  Brawley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Carter                   Caskey
Chumley                  Clyburn                  Cobb-Hunter
Collins                  W. Cox                   Crawford
Dabney                   Daning                   Dillard
Elliott                  Felder                   Finlay
Forrest                  Fry                      Gagnon
Garvin                   Gatch                    Gilliam
Gilliard                 Haddon                   Hardee
Hart                     Henderson-Myers          Henegan
Herbkersman              Hewitt                   Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            K. O. Johnson
Jones                    Jordan                   Kimmons
Kirby                    Ligon                    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                   Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Stavrinakis              Tedder                   Thayer
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--108

Those who voted in the negative are:

Hill                                              

Total--1

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

S. 200--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up:

S. 200 (Word version) -- Senators Hembree, Martin, Kimbrell, Shealy, Gustafson and Turner: A BILL TO AMEND SECTION 24-3-530 OF THE 1976 CODE, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, TO PROVIDE THAT A PERSON SENTENCED TO DEATH MAY ELECT FOR ELECTROCUTION OR LETHAL INJECTION IF LETHAL INJECTION IS AVAILABLE AT THE TIME OF ELECTION, TO PROVIDE THAT AN ELECTION EXPIRES AND MUST BE RENEWED IN WRITING IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, TO PROVIDE THAT A PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES HIS RIGHT OF ELECTION, TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS DIRECTOR SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, TO PROVIDE THAT A CONVICTED PERSON'S SIGNATURE MUST BE WITNESSED, AND TO PROVIDE THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON IF EXECUTION BY LETHAL INJECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION.

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

Yeas 65; Nays 43

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bannister                Bennett
Blackwell                Bradley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Carter                   Caskey
Chumley                  Crawford                 Dabney
Elliott                  Felder                   Finlay
Forrest                  Fry                      Gagnon
Gilliam                  Hardee                   Hewitt
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jordan
Kimmons                  Ligon                    Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McCravy
McGarry                  T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
B. Newton                W. Newton                Nutt
Oremus                   Pope                     Sandifer
Simrill                  G. R. Smith              Taylor
Thayer                   Trantham                 West
White                    Whitmire                 Willis
Wooten                   Yow                      

Total--65

Those who voted in the negative are:

Alexander                Bernstein                Brawley
Clyburn                  Cobb-Hunter              Collins
W. Cox                   Dillard                  Garvin
Gatch                    Gilliard                 Haddon
Hart                     Henderson-Myers          Henegan
Hill                     Hosey                    Howard
Jefferson                J. L. Johnson            K. O. Johnson
Kirby                    Matthews                 McDaniel
McGinnis                 McKnight                 J. Moore
Murray                   Ott                      Pendarvis
Rivers                   Rose                     Rutherford
G. M. Smith              M. M. Smith              Stavrinakis
Tedder                   Thigpen                  Weeks
Wetmore                  Wheeler                  R. Williams
S. Williams                                       

Total--43

The Bill was read the third time and ordered returned to the Senate with amendments.

H. 4070--ADOPTED

The following House Resolution was taken up:

H. 4070 (Word version) -- Reps. Henegan, Yow, Gilliam and Herbkersman: A HOUSE RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ASSIST THE PEE DEE INDIAN TRIBE IN ACHIEVING FEDERAL RECOGNITION AND GRANT THEM ALL RIGHTS AND PRIVILEGES THAT ARE GRANTED TO NATIONALLY RECOGNIZED NATIVE AMERICAN TRIBES.

The Resolution was adopted.

S. 569--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 569 (Word version) -- Senator Adams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 52 RIVERS AVENUE FROM ITS INTERSECTION WITH MALL DRIVE TO ITS INTERSECTION WITH MCMILLAN AVENUE IN CHARLESTON COUNTY "ROBERT ANTHONY 'TONY' WAY ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.

The Concurrent Resolution was adopted and returned to the Senate with concurrence.

S. 668--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 668 (Word version) -- Senators Goldfinch and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NICHOLS HIGHWAY FROM ITS INTERSECTION WITH SARVIS ROAD TO ITS INTERSECTION WITH TRULUCK JOHNSON ROAD IN HORRY COUNTY "BRENDA COOK MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.

The Concurrent Resolution was adopted and returned to the Senate with concurrence.

S. 696--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 696 (Word version) -- Senators Setzler and Shealy: A CONCURRENT RESOLUTION TO SEEK TO DESTIGMATIZE SUBSTANCE USE DISORDER, SHARE REAL STORIES OF HOPE AND RECOVERY, AND INSPIRE LEXINGTON COUNTY RESIDENTS TO SEEK HELP AND SUPPORT BY CHOOSING #COURAGEOVERSTIGMA.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.

S. 701--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 701 (Word version) -- Senator Sabb: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF HIGHWAY 45 FROM BETAW ROAD EXTENDING 1.5 MILES TO ARROWHEAD TURN "HARVEY MIDDLETON ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.

The Concurrent Resolution was adopted and returned to the Senate with concurrence.

S. 728--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 728 (Word version) -- Senator Rice: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME SC 135 (NORTH A STREET) FROM S-183 (NE MAIN STREET) TO ITS INTERSECTION WITH S-221 (FLEETWOOD DRIVE/OLIVE STREET) IN THE TOWN OF EASLEY AND PICKENS COUNTY "PROFESSOR JOHN T. SIMPSON MEMORIAL DRIVE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.

H. 3873--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 3873 (Word version) -- Reps. R. Williams, Henegan, Anderson, Jefferson, Kirby, Alexander, S. Williams, Rivers, Lowe and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOCIETY HILL ROAD IN DARLINGTON COUNTY FROM ITS INTERSECTION WITH GREENFIELD ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 "COLONEL CHRISTOPHER N. WILLIAMSON ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4041--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4041 (Word version) -- Reps. Anderson and McKnight: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OLD GEORGETOWN ROAD IN WILLIAMSBURG COUNTY FROM ITS INTERSECTION WITH BARTELLS ROAD TO ITS INTERSECTION WITH BURLINGTON ROAD "WILLIAM 'TOON' AND MARY 'BOY' COOPER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4125--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4125 (Word version) -- Reps. Rose, Howard and Rutherford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT A SIGN IN RICHLAND COUNTY ON THE CORNER OF GERVAIS STREET WHERE IT INTERSECTS WITH MCDUFFIE STREET IN THE CITY OF COLUMBIA'S LYONS STREET NEIGHBORHOOD CONTAINING THE WORDS "IN MEMORY OF MARVIN HELLER LONGTIME LYON STREET NEIGHBORHOOD PRESIDENT AND COMMUNITY ACTIVIST".

The Concurrent Resolution was adopted and sent to the Senate.

H. 4181--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4181 (Word version) -- Rep. Calhoon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGES IN LEXINGTON COUNTY THAT CROSS HORSE AND HOLLOW CREEKS ALONG UNITED STATES HIGHWAY 378 WESTBOUND LANE "THE TWIN BRIDGES - WEST" AND NAME THE BRIDGES THAT CROSS HOLLOW AND HORSE CREEKS ALONG UNITED STATES HIGHWAY 378 EASTBOUND LANE "THE TWIN BRIDGES - EAST" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THE APPROACHES TO EACH RESPECTIVE LOCATION CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4218--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4218 (Word version) -- Reps. McDaniel and Ligon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN THE CITY OF CHESTER IN CHESTER COUNTY FROM ITS INTERSECTION WITH HUDSON STREET TO ITS INTERSECTION WITH CEMETERY STREET "CHRISTOPHER KING, SR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4281--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4281 (Word version) -- Rep. Kirby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH OLD RIVER ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH BASSWOOD ROAD TO ITS INTERSECTION WITH DELTA MILL ROAD "JUDGE TAFT GUILE, JR. ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4295--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4295 (Word version) -- Rep. Howard: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION AT TWO NOTCH ROAD WHERE IT INTERSECTS WITH CUSHMAN DRIVE IN RICHLAND COUNTY "BISHOP C.L. LORICK, SR. MEMORIAL INTERSECTION" AND ERECT AN APPROPRIATE SIGN OR MARKER AT THIS LOCATION CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4182--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4182 (Word version) -- Rep. Jones: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT A SIGN CONTAINING THE WORDS "IN MEMORY OF SAM JEROME MCCALL, JR." ALONG SOUTH CAROLINA HIGHWAY 72 IN LAURENS COUNTY BETWEEN ITS INTERSECTIONS WITH LONG VIEW ROAD AND CRYSTAL BAY DRIVE.

The Concurrent Resolution was adopted and sent to the Senate.

H. 4315--ADOPTED AND SENT TO SENATE

The following Concurrent Resolution was taken up:

H. 4315 (Word version) -- Reps. Atkinson and Kirby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY FROM ITS INTERSECTION WITH BROCKINGTON ROAD TO SOUTH CYPRESS STREET "WILLIAM 'PENN' TROY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

The Concurrent Resolution was adopted and sent to the Senate.

S. 768--ADOPTED AND RETURNED TO SENATE WITH CONCURRENCE

The following Concurrent Resolution was taken up:

S. 768 (Word version) -- Senators Young, Massey, Setzler and Hutto: A CONCURRENT RESOLUTION TO NOMINATE MR. WILLIAM INMAN TO SERVE ON THE SAVANNAH RIVER SITE RESEARCH AUTHORITY BOARD OF DIRECTORS.

The Concurrent Resolution was adopted and returned to the Senate with concurrence.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HIXON.

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

ADJOURNMENT

At 11:19 a.m. the House, in accordance with the motion of Rep. BERNSTEIN, adjourned in memory of Howard B. Stravitz, to meet at 10:00 a.m. tomorrow.

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