NO. 24
REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________
The House assembled at noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalms 102:17: "He will regard the prayer of the destitute, and will not despise their prayer."
Let us pray. May we be joyful and give thanks while remembering the creation that You have made for these Representatives and staff. We give thanks and praise for our defenders of freedom and first responders as they care for us. Bless our World, Nation, President, State, Governor, Speaker, Staff, and all who serve in these Halls of Government. Continue to send Your blessings to those who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. J. MOORE moved that when the House adjourns, it adjourn in memory of Owen Fields, which was agreed to.
Rep. KIRBY made a statement relative to the life and legacy of Frazier B. Baker, who was murdered on February 22, 1898.
Rep. TEDDER made a statement relative to the life and legacy of Robert Smalls.
The following was received:
Columbia, S.C., February 17, 2022
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.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: 04/01/2022
Term Expiring: 04/01/2027
Seat: Governor's Appointee (Governor's Party)
Vice: Brian M. Barnwell
Ms. Mary Hunter B. Tomlinson
415 Randall Street
Greenville, South Carolina 29609-5410
Yours very truly,
Henry McMaster
Governor
Referred to the Committee on Ethics
The following was received:
February 17, 2022
The Honorable Thomas C. Alexander
President of the Senate
213 Gressette Building
Columbia, South Carolina 29202
Dear Mr. President:
I am transmitting herewith an appointment for the State Ethics Commission on behalf of the House in accordance with Section 8-13-310. This appointment is made with the advice and consent of the General Assembly and is therefore submitted for your consideration.
STATEWIDE APPOINTMENT
State Ethics Commission
Term Commencing: 04/01/2022
Term Expiring: 04/01/2027
Seat: House-Majority
Vice: Mr. Donald H. Jackson
Mr. Matthew N. Tyler
411 Rosewood Drive
Florence, South Carolina 29501
Respectfully submitted on behalf of the House,
James H. Lucas
Speaker of the House
Referred to the Committee on Ethics
The following was received:
Columbia, S.C. Thursday, February 17, 2022
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Hembree, Bennett and Matthews to the Committee of Conference on the part of the Senate on203:
S. 203 (Word version) -- Senators Hembree, Gustafson and Bennett: A BILL TO AMEND SECTION 59-19-60 OF THE 1976 CODE, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES AND FILLING VACANCIES, TO PROVIDE THAT DISTRICT TRUSTEES GUILTY OF MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY SHALL BE SUBJECT TO REMOVAL FROM OFFICE BY THE GOVERNOR, TO DELETE NOTICE REQUIREMENTS AND THE RIGHT TO APPEAL, AND TO MAKE CONFORMING CHANGES.
Very Respectfully,
President
Received as information.
Rep. G. M. SMITH, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 4880 (Word version) -- Reps. Simrill, Lucas, Pope, G. M. Smith, Crawford, Huggins, Erickson, Bradley, Ballentine, Hardee, W. Newton, White, Thayer, West, Fry, Hewitt, Gagnon and Willis: A BILL TO AMEND SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDIVIDUAL INCOME TAX, SO AS TO REDUCE THE TOP MARGINAL RATE TO SIX PERCENT AND TO SPECIFY THE MANNER IN WHICH THE REDUCTION OCCURS; TO AMEND SECTION 12-6-1171, RELATING TO THE MILITARY RETIREMENT INCOME DEDUCTION, SO AS TO ALLOW FOR THE DEDUCTION OF ALL MILITARY RETIREMENT INCOME; AND TO REPEAL SECTION 12-6-515 RELATING TO AN ARCHAIC INDIVIDUAL INCOME TAX PROVISION.
Ordered for consideration tomorrow.
From review of the House Calendar, it appears H. 4880 (Word version) may be considered this week on the House floor. As a co-sponsor, I support its passage and the tax relief it provides to all South Carolinians, including our military retirees. If the legislation is considered on Wednesday, February 23, or Thursday, February 24, I will be on excused leave due to a prior family commitment.
Rep. Wm. Weston J. Newton
Rep. G. M. SMITH, from the Committee on Ways and Means, submitted a favorable report on:
H. 3347 (Word version) -- Reps. W. Cox, White, Fry, Haddon, Long, Forrest, G. M. Smith, Bennett, Gagnon, Hyde, West, Thayer and Ligon: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND OF FIVE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR MUST BE INCREASED EACH YEAR BY ONE-HALF OF ONE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR UNTIL IT EQUALS SEVEN PERCENT OF SUCH REVENUES; AND PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, ALSO RELATING TO THE CAPITAL RESERVE FUND SO AS TO PROVIDE THAT THE CAPITAL RESERVE FUND OF TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR MUST BE INCREASED TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4998 (Word version) -- Rep. Caskey: A BILL TO AMEND SECTIONS 61-4-10, 61-6-20, 61-6-30, 12-21-1010, 12-21-1030, AND 12-33-245, ALL RELATING TO ALCOHOLIC BEVERAGES, SO AS TO CONSIDER ALCOHOLIC CONSUMABLES THE SAME AS ALCOHOLIC BEVERAGES AND TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 4999 (Word version) -- Rep. Hiott: A BILL TO AMEND SECTION 44-56-200 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE CLEANUP, SO AS TO PROVIDE STANDARDS FOR CONDUCTING CERTAIN CLEANUP, REMOVAL, REMEDIATION, OR OTHER RESPONSES; TO PROVIDE SITE-SPECIFIC REMEDIATION STANDARDS; AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5000 (Word version) -- Reps. Matthews, Caskey and Wooten: A BILL TO AMEND SECTION 44-63-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE RIGHT OF ADULT ADOPTED PERSONS TO ACCESS THEIR ORIGINAL BIRTH CERTIFICATES IN CERTAIN CIRCUMSTANCES, SO AS TO APPLY RETROACTIVELY.
Referred to Committee on Judiciary
H. 5001 (Word version) -- Reps. Forrest, Haddon, Hiott, Caskey, Crawford, Kirby, Long, Wetmore, Burns, Chumley, Nutt, May, Gilliam, Magnuson, M. M. Smith, Ott, Taylor, Dabney, Ligon, Calhoon, Wooten, Hardee, Rutherford, W. Newton, Huggins, McCabe, Ballentine, Herbkersman, Hixon, Lucas, D. C. Moss, V. S. Moss, Simrill, Thayer, West and White: A JOINT RESOLUTION TO PROVIDE THAT NO STATE AGENCY, DEPARTMENT, OR ENTITY BY REGULATION OR OTHERWISE MAY ADMINISTRATIVELY INCREASE OR IMPLEMENT A FEE FOR PERFORMING A SERVICE OR FUNCTION, OR A CIVIL PENALTY OR FINE FOR FAILURE TO COMPLY WITH A REQUIREMENT OR PROVISION OF LAW UNDER ITS JURISDICTION WITHOUT THE SPECIFIC APPROVAL OF THE INCREASED OR NEW FEE, FINE, OR PENALTY BY THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION ON A RECORDED ROLL CALL VOTE; TO PROVIDE THAT GENERAL APPROVAL BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION OF A REGULATION OF A STATE AGENCY OR DEPARTMENT UNDER THE ADMINISTRATIVE PROCEDURES ACT WHEREIN A FEE, FINE, OR PENALTY INCREASE OR IMPOSITION IS CONTAINED DOES NOT CONSTITUTE APPROVAL UNDER THE REQUIREMENTS OF THIS SECTION, AND IF AN INCREASE OR IMPLEMENTATION IS CONTAINED IN THAT JOINT RESOLUTION, THE INCREASE OR IMPLEMENTATION IS NULL AND VOID; TO PROVIDE CERTAIN EXCEPTIONS; AND TO PROVIDE FOR THE DURATION OF THIS PROVISION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 946 (Word version) -- Senator Goldfinch: A BILL TO AMEND SECTION 59-5-63, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTY-FREE LUNCH PERIODS FOR PUBLIC ELEMENTARY SCHOOL TEACHERS, SO AS TO INSTEAD PROVIDE UNENCUMBERED TIME FOR ELEMENTARY SCHOOL TEACHERS AND TEACHERS WHO INSTRUCT CERTAIN STUDENTS REMOVED FROM THE GENERAL EDUCATION SETTING, AND TO PROVIDE RELATED REQUIREMENTS OF STATE BOARD OF EDUCATION POLICIES AND LOCAL SCHOOL BOARDS; AND TO PROVIDE THE PROVISIONS OF THIS ACT MUST BE COMPLETELY IMPLEMENTED BEFORE JULY 1, 2023.
Referred to Committee on Education and Public Works
S. 1010 (Word version) -- Senators Gambrell, Alexander and Garrett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-3-60 SO AS TO PROVIDE THAT AN ENTITY THAT HAS CONTRACTED FOR THE RIGHT TO STORE WATER IN A RESERVOIR OWNED BY THE UNITED STATES ARMY CORPS OF ENGINEERS HAS EXCLUSIVE RIGHTS TO ANY RETURN FLOWS GENERATED TO THAT RESERVOIR.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
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 Bryant 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 Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan 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 Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks Wetmore Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Rep. ALEXANDER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 16.
Rep. MORGAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, February 17.
The SPEAKER granted Rep. JEFFERSON a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. GILLIARD a leave of absence for the day.
The SPEAKER granted Rep. PARKS a leave of absence for the day.
The SPEAKER granted Rep. RIVERS a temporary leave of absence.
The SPEAKER granted Rep. MURPHY a temporary leave of absence.
Announcement was made that Dr. Patricia Seal of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3069 (Word version)
Date: ADD:
02/22/22 ROSE
Bill Number: H. 3538 (Word version)
Date: ADD:
02/22/22 ERICKSON
Bill Number: H. 3598 (Word version)
Date: ADD:
02/22/22 GOVAN and HENEGAN
Bill Number: H. 3599 (Word version)
Date: ADD:
02/22/22 GOVAN
Bill Number: H. 3682 (Word version)
Date: ADD:
02/22/22 ANDERSON
Bill Number: H. 3833 (Word version)
Date: ADD:
02/22/22 GOVAN and HENEGAN
Bill Number: H. 3840 (Word version)
Date: ADD:
02/22/22 G. R. SMITH
Bill Number: H. 3958 (Word version)
Date: ADD:
02/22/22 HYDE and WHEELER
Bill Number: H. 3999 (Word version)
Date: ADD:
02/22/22 HENEGAN
Bill Number: H. 4245 (Word version)
Date: ADD:
02/22/22 HENEGAN
Bill Number: H. 4405 (Word version)
Date: ADD:
02/22/22 HENEGAN
Bill Number: H. 4534 (Word version)
Date: ADD:
02/22/22 HYDE
Bill Number: H. 4605 (Word version)
Date: ADD:
02/22/22 FRY and CRAWFORD
Bill Number: H. 4802 (Word version)
Date: ADD:
02/22/22 WOOTEN
Bill Number: H. 4837 (Word version)
Date: ADD:
02/22/22 HENEGAN
Bill Number: H. 4848 (Word version)
Date: ADD:
02/22/22 HENEGAN
Bill Number: H. 4880 (Word version)
Date: ADD:
02/22/22 HEWITT, GAGNON and WILLIS
Bill Number: H. 4909 (Word version)
Date: ADD:
02/22/22 POPE
Bill Number: H. 4939 (Word version)
Date: ADD:
02/22/22 B. NEWTON
Bill Number: H. 4946 (Word version)
Date: ADD:
02/22/22 YOW
Bill Number: H. 4956 (Word version)
Date: ADD:
02/22/22 W. NEWTON
The following Bill was taken up:
S. 912 (Word version) -- Senator Stephens: A BILL TO AMEND ACT 593 OF 1992, AS AMENDED, RELATING TO THE LIMIT ON CASH RESERVES THAT MAY BE MAINTAINED BY DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4, SO AS TO PROVIDE THAT THE LIMIT ON CASH RESERVES DOES NOT APPLY TO DORCHESTER COUNTY SCHOOL DISTRICT 4 IN FISCAL YEAR 2021-2022.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Chumley Clyburn Cogswell Collins B. Cox Dabney Daning Davis Dillard Elliott Erickson Finlay Forrest Fry Gagnon Gilliam Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Matthews McCabe McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton Nutt Oremus Pendarvis Pope Rose Sandifer Simrill G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Haddon Magnuson May
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 4597 (Word version) -- Reps. Bustos, M. M. Smith, Huggins, Bennett, Hill, Matthews and Brawley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 43, TITLE 44 SO AS TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES IN ACCESSING ANATOMICAL GIFTS AND ORGAN TRANSPLANTS; TO DEFINE CERTAIN TERMS; TO ESTABLISH REQUIREMENTS AND PROHIBITED CONDUCT FOR COVERED ENTITIES, INCLUDING HOSPITALS AND ORGAN PROCUREMENT ORGANIZATIONS, WITH REGARD TO THE ORGAN TRANSPLANT PROCESS; TO CREATE CIVIL REMEDIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE; TO ESTABLISH REQUIREMENTS APPLICABLE TO HEALTH INSURERS THAT PROVIDE COVERAGE FOR ANATOMICAL GIFTS AND ORGAN TRANSPLANTS; AND FOR OTHER PURPOSES.
Rep. HIXON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4600 (Word version) -- Reps. West and Bennett: A BILL TO AMEND SECTIONS 44-22-40 AND 44-22-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY CONSENT ON BEHALF OF CERTAIN PATIENTS TO ELECTRO-CONVULSIVE THERAPY OR MAJOR MEDICAL TREATMENT, SO AS TO CONFORM THE ORDER OF PRIORITY OF SUCH PERSONS TO THE ORDER OF PRIORITY IN THE ADULT HEALTH CARE CONSENT ACT.
Rep. HART explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss 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 Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
H. 4600 (Word version) implements a recommendation from the House Legislative Oversight Committee's study of the Department of Mental Health.
The following Bill was taken up:
S. 508 (Word version) -- Senators Shealy, Hutto and Gustafson: A BILL TO AMEND SECTIONS 44-78-15, 44-78-20, 44-78-30, 44-78-45(A), 44-78-50, AND 44-78-60 OF THE 1976 CODE, ALL RELATING TO DO NOT RESUSCITATE ORDERS, TO ALLOW A PARENT OR LEGAL GUARDIAN OF A MEDICALLY ELIGIBLE CHILD TO REQUEST AND REVOKE A DO NOT RESUSCITATE ORDER FOR EMERGENCY SERVICES FOR THE CHILD, AND FOR OTHER PURPOSES; AND TO DEFINE NECESSARY TERMS.
Reps. HIOTT, HIXON, CHUMLEY, TAYLOR, FORREST, OREMUS, BURNS, MCCABE, KIRBY, FINLAY, WEST, THAYER, FRY, HOSEY, MCCRAVY, GAGNON, DAVIS and M. M. SMITH requested debate on the Bill.
The following Bill was taken up:
H. 3599 (Word version) -- Reps. B. Newton, McGarry, Dabney, Brawley, Gilliard, King, Jefferson, Howard, S. Williams, Carter, Erickson and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 36, TITLE 40 SO AS TO ENACT THE "OCCUPATIONAL THERAPY LICENSURE COMPACT" WHICH ENTERS SOUTH CAROLINA INTO A MULTISTATE OCCUPATIONAL LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF OCCUPATIONAL THERAPY AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 36 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".
Rep. BRAWLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3833 (Word version) -- Reps. Erickson, Bradley, Herbkersman, Dabney, Brawley, King, Gilliard, Jefferson, Howard, S. Williams, Henegan and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)" BY ADDING ARTICLE 3 TO CHAPTER 55, TITLE 40 SO AS TO PROVIDE FOR THE ENTRY OF SOUTH CAROLINA INTO THIS MULTISTATE COMPACT, TO PROVIDE FOR THE STRUCTURE, FUNCTIONS, POWERS, AND DUTIES OF THE GOVERNING BODY OF THE COMPACT; TO PROVIDE THE OBLIGATIONS, BENEFITS, AND RIGHTS OF COMPACT MEMBERS; TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 55, TITLE 40 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS"; AND TO AMEND SECTIONS 40-55-60 AND 40-55-80, RELATING TO THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY AND QUALIFICATIONS FOR LICENSURE AS A PSYCHOLOGIST RESPECTIVELY, SO AS TO MAKE CONFORMING CHANGES.
Rep. BRAWLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up: H. 3598 (Word version) -- Reps. McGarry, B. Newton, May, Dabney, Brawley, King, Gilliard, Jefferson, Howard, S. Williams, Carter, Yow, W. Newton, Jones, Matthews, Blackwell, Oremus, Taylor, Hixon, Forrest, Henegan and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-85 SO AS TO ESTABLISH THE "VETERANS SERVICE ORGANIZATION BURIAL HONOR GUARD SUPPORT FUND" TO HELP OFFSET THE COSTS INCURRED BY SOUTH CAROLINA CHAPTERS OF CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZATIONS IN PROVIDING HONOR GUARD BURIAL DETAILS AT THE FUNERALS OF QUALIFYING SOUTH CAROLINA MILITARY VETERANS, AND TO DEFINE RELEVANT TERMS.
Rep. MATTHEWS 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 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 Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope 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 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. 3958 (Word version) -- Reps. McGarry, Yow, Dabney, B. Newton, Bennett, Bustos, Haddon, Erickson, McCabe, Bryant, Robinson, Huggins, Ott, Ballentine, Oremus, Anderson, T. Moore, Long, Pope, Felder, Ligon, B. Cox, Morgan, Lucas, McKnight, Simrill, J. L. Johnson, Matthews, Jones, Wheeler and Hyde: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-135 SO AS TO PROVIDE THAT A CORONER MAY ACT AS A FIRST RESPONDER UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 44-130-20, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE "SOUTH CAROLINA OVERDOSE PREVENTION ACT" SO AS TO INCLUDE A CORONER IN THE DEFINITION OF THE TERM "FIRST RESPONDER".
Rep. KING made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4143 (Word version) -- Reps. R. Williams, Jefferson and Matthews: A BILL TO AMEND SECTION 56-5-4710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF MOUNTED OSCILLATING, ROTATING, OR FLASHING RED LIGHTS BY WRECKERS, SO AS TO PROVIDE WRECKERS MUST USE THEIR NONRED FLASHING WARNING LIGHTS WHEN PICKING UP ANOTHER VEHICLE.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4143 (Word version) (COUNCIL\CM\ 4143C001.NBD.CM22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-5-4710 of the 1976 Code is amended to read:
"Section 56-5-4710. Wreckers may must use a mounted oscillating, rotating, or flashing red light only at the scene of accidents an emergency scene and at any time while rendering assistance on the roadside."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MATTHEWS explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey 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 Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hosey Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Rutherford Simrill G. R. Smith Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. 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. 4939 (Word version) -- Reps. Haddon, Hiott, Yow, Ligon, Forrest, Garvin, Magnuson, Burns, Chumley, Long, Ott, Gilliam, May, Pope, S. Williams, J. Moore, Pendarvis, Atkinson, Hayes, Hixon, V. S. Moss, White and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-290 SO AS TO DIRECT THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A "CERTIFIED S.C. RAISED BEEF" DESIGNATION AND TO PROVIDE LABELS FOR ANY APPLICANT WHO MEETS THE CRITERIA; AND BY ADDING SECTION 47-17-160 SO AS TO ALLOW BEEF PRODUCERS IN THIS STATE TO CARRY A "CERTIFIED S.C. RAISED BEEF" DESIGNATION.
Rep. HADDON 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 Bryant Burns Bustos Calhoon Carter Caskey Chumley Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Rutherford Sandifer G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. 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. 4946 (Word version) -- Reps. Haddon, Ligon, Magnuson, Burns, Forrest, Jones and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2125 SO AS TO PLACE CERTAIN CONDITIONS ON THE MANNER IN WHICH ELIGIBILITY FOR CERTAIN SALES TAX EXEMPTIONS ARE DETERMINED.
Rep. HIXON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4778 (Word version) -- Reps. W. Cox, West, Collins, Carter, Gagnon, Parks, Sandifer, White, Thayer, Hyde, Whitmire and Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-3-60 SO AS TO PROVIDE THAT AN ENTITY THAT HAS CONTRACTED FOR THE RIGHT TO STORE WATER IN A RESERVOIR OWNED BY THE UNITED STATES ARMY CORPS OF ENGINEERS HAS EXCLUSIVE RIGHTS TO ANY RETURN FLOWS GENERATED TO THAT RESERVOIR.
Rep. CHUMLEY 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 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 Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope 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 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. 3538 (Word version) -- Reps. Bradley and Erickson: A BILL TO AMEND SECTION 50-15-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLIGATOR MANAGEMENT PROGRAM, SO AS TO ESTABLISH THAT THE DEPARTMENT OF NATURAL RESOURCES MUST SET CONDITIONS FOR THE HUMANE TAKING AND DISPOSITION OF ALLIGATORS; TO PROHIBIT THE TAKING OF ALLIGATORS FROM A SANCTUARY UNLESS THE ALLIGATOR HAS BEEN DETERMINED TO BE A NUISANCE; TO REQUIRE THE DEPARTMENT TO ESTABLISH SPECIFIC METHODS OF HUMANE CAPTURE, REMOVAL, AND DISPOSAL OF ALLIGATOR PARTS; AND TO EXPAND THE SCOPE OF ACTIONS VIOLATING THE PROVISIONS OF THIS SECTION TO INCLUDE THE INHUMANE TAKING, REMOVING, AND DISPOSITION OF AN ALLIGATOR OR ALLIGATOR PARTS, AND TO PROVIDE THAT THE OFFICIAL CITATION ISSUED BY ENFORCEMENT OFFICERS MAY BE USED TO CITE VIOLATIONS OF THIS SECTION.
The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 to H. 3538 (Word version) (COUNCIL\PH\3538C001.JN.PH22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ "SECTION 1. Section 50-15-500 of the 1976 Code is amended to read:
Section 50-15-500. (A) The General Assembly finds that the American alligator (Alligator mississippiensis) was reclassified by the United States Fish and Wildlife Service from endangered or threatened to "threatened due to similarity of appearance throughout the remainder of its range" pursuant to the federal Endangered Species Act (16 U.S.C. 1531) and the regulations issued to implement that act. American alligators may now be taken under federal law in compliance with 50 C.F.R. 17.42(a)(2)(ii). Therefore, in order to create more opportunity for hunting and for the controlled harvest of the alligator, the General Assembly finds it in the best interest of the State to allow the taking of the alligator under strictly controlled conditions and circumstances and in compliance with federal law.
(B)(1) The department must establish an alligator management program that allows for hunting and for selective removal of alligators in order to provide for the sound management of the animals and to ensure the continued viability of the species. The department must set the conditions for taking, including the size, methods of take, areas, times and seasons, disposition of the parts, and other conditions to properly control the harvest of alligators and the disposition of parts. The department may allow alligators to be taken at any time of the year, in any area, including sanctuaries, as part of its alligator management program. All alligators taken under the alligator management program must be taken pursuant to permits and tags and under conditions established by the department in accordance with state and federal law. All alligators taken must be tagged. Except for those persons operating under authority of depredation permits, a person who hunts, takes, or attempts to take an alligator must have a hunting license. It is unlawful for a depredation permit holder or his or her designee to sell, barter, or trade or offer to sell, barter, or trade the privilege to take an alligator under the authority of a depredation permit. (2) The department may establish an alligator hunting season. The department may issue alligator permits and tags to allow hunting and taking of alligators in any game zone where alligators occur. A person desiring to hunt and take alligators must apply to the department.
(3) A landowner or lessee of property on which alligators occur may apply to the department for a permit to participate in the Private Lands Alligator Program. On those private lands, the season for hunting and taking alligators is from September first through May thirty-first. On those lands in the private lands program only, unsecured alligators may be taken by firearms, provided no alligator may be taken by use of rim fire weapons or shotguns. Unsecured alligators may be taken only by firearms from thirty minutes before sunrise until thirty minutes after sunset. A person who takes an alligator by use of firearms must make a reasonable effort to recover the carcass at the time of taking or for the next ensuing forty-eight hours. A person using a firearm to take an alligator must have a gaff or grappling hook or other similar device to immediately locate and recover the carcass.
(4) The department may designate alligator control agents who demonstrate by training and experience that they possess the skills to remove alligators. Those persons designated serve at the discretion of the department. The department may require periodic demonstrations of skill or require periodic training. Alligator control agents function under the general guidance and supervision of the department for the capture and removal of nuisance alligators including the disposition of the alligator or its parts.
(5) In addition to other conditions which may be required by the department, any person who takes an alligator pursuant to a depredation permit and tag issued by the department must adhere to the following conditions:
(a) Alligators only may be relocated or moved within the boundary of the parcel described on the depredation permit, or the parcel from which the alligator is removed in the case of a permit issued to a municipality, or adjoining parcels under the same ownership, unless written permission of the department authorizes otherwise. Alligators that are habituated to humans or display inappropriate behaviors that may endanger the public may not be relocated.
(b) No alligator may be held alive for more than eight hours and no live alligator may be transferred to another person without written permission from the department. (c) Persons capturing alligators must take all reasonable precautions to protect the health and safety of members of the public and prevent direct contact between the public and captured alligators.
(d) Conditions stipulated in any alligator depredation permit and specific directions issued by the department must be followed.
(C) It is unlawful to feed, entice, or molest an alligator except as permitted under state and federal law. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one five hundred dollars nor more than one hundred fifty one thousand dollars or imprisoned for up to thirty days, or both. The magistrates court retains jurisdiction over this offense.
(D) A person who takes an alligator pursuant to the provisions of this section must comply with all state laws, regulations, and permit conditions concerning disposition of alligators and alligator parts. Disposal of alligator carcasses into waters of the State, ephemeral and intermittent streams, ditches, and swales is prohibited. Disposal on any property without the landowner's permission is prohibited. Disposal of any portion of an alligator carcass or live alligator at any public boat ramp is prohibited.
(E) Depredation permit holders must report the take of any alligators under the authority of the depredation permit as prescribed by the department. Property management associations and companies, and other entities, that obtain alligator depredation permits and tags for developed communities or complexes must report their activities annually as prescribed by the department as a requirement to obtain additional permits and tags the following year.
(F) A person who hunts or takes, or attempts to take, an alligator, or allows an alligator to be hunted or taken, or possesses or disposes of alligator parts, except as allowed by this section and the implementing regulations, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than two thousand five hundred dollars or imprisoned for up to thirty ninety days, or both. The magistrates court retains jurisdiction over this offense. In addition, the court may order restitution for any animal or part of an animal taken, possessed, or transferred in violation of this section.
(G) The official summons issued by enforcement officers may be used to cite violations of this section."
SECTION 2. 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 Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell B. Cox W. Cox Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss 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 Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. 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. 4904 (Word version) -- Rep. Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO OBTAIN AND USE SCHEDULE III NONNARCOTICS AND SCHEDULE IV CONTROLLED SUBSTANCES FOR WILDLIFE MANAGEMENT; AND TO AMEND SECTION 47-3-420, RELATING TO METHODS OF ANIMAL EUTHANASIA, SO AS TO REMOVE REFERENCES TO THE DEPARTMENT OF NATURAL RESOURCES.
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 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 Govan Haddon Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Sandifer G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. 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. 4905 (Word version) -- Rep. Hixon: A BILL TO AMEND SECTION 50-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS LIMITS, SO AS TO INCLUDE REFERENCES TO HYBRID BASS.
Rep. HIXON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore D. C. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope 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 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. 4906 (Word version) -- Rep. Hixon: A BILL TO AMEND SECTION 50-11-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE DISEASE CONTROL, SO AS TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO TAKE ACTION REGARDING WILDLIFE DISEASE CONTROL.
Rep. HIXON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up: H. 4907 (Word version) -- Rep. Hixon: A BILL TO AMEND SECTION 50-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF FRESHWATER GAME FISH, SO AS TO INCLUDE ALL BLACK BASS AND TROUT HYBRIDS; TO AMEND SECTION 50-13-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "LANDING NET (DIP NET)" AND TO ADD BARTRAM'S BASS, ALABAMA BASS, AND TROUT HYBRIDS; TO AMEND SECTION 50-13-80, RELATING TO TAKING FISH BY SNAGGING, SO AS TO PROHIBIT ALL TAKING OF FISH BY SNAGGING; TO AMEND SECTION 50-13-210, RELATING TO DAILY POSSESSION LIMITS, SO AS TO ADD BARTRAM'S BASS AND ALABAMA BASS; TO AMEND SECTION 50-13-310, RELATING TO GAME FISH CAUGHT WITH NETS AND OTHER NONGAME FISHING DEVICES, SO AS TO ALLOW FOR THE TAKING OF GAME FISH WITH A LANDING NET; TO AMEND SECTION 50-13-620, RELATING TO FLOATING MARKERS FOR FISHING DEVICES, SO AS TO REQUIRE THE INSPECTION OR REMOVAL OF A TROTLINE AFTER TWENTY-FOUR HOURS; TO AMEND SECTION 50-13-635, RELATING TO PERMISSIBLE FISHING DEVICES, SO AS TO ALLOW FOR THE USE OF A LANDING NET; TO AMEND SECTION 50-13-670, AS AMENDED, RELATING TO THE POSSESSION OF GAME FISH, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO THE USE OF A LANDING NET; TO AMEND SECTION 50-13-675, AS AMENDED, RELATING TO PERMITTED NONGAME FISHING DEVICES, SO AS TO INCLUDE LANDING NETS, AMONG OTHER THINGS; AND TO AMEND SECTION 50-13-1610, RELATING TO THE PROHIBITION OF THE SALE OR TRAFFIC OF CERTAIN GAME FISH, SO AS TO PROHIBIT CERTAIN ACTIVITIES RELATED TO THE TAKING OF FISH FROM THE FRESHWATERS OF THIS STATE.
Rep. HIXON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Concurrent Resolution was taken up: S. 915 (Word version) -- Senators Jackson and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF CUSHMAN DRIVE AND BALDWIN ROAD IN RICHLAND COUNTY "DEPUTY DARRAL KEITH LANE, SR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up:
S. 916 (Word version) -- Senators Jackson and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF PERCIVAL ROAD AND FAIRLAMB AVENUE IN RICHLAND COUNTY "DEPUTY JERRY LEE HURD, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up:
S. 917 (Word version) -- Senator Goldfinch: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE US 701 BRIDGE OVER THE GREAT PEE DEE RIVER THE "CHARLES A. HINSON MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up:
S. 950 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION RENAME THE PORTION OF UNITED STATES HIGHWAY 501 BUSINESS FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 41/ARIELS CROSSROADS TO THE 41A/UNITED STATES HIGHWAY 501 BUSINESS INTERSECTION IN MARION COUNTY FROM ITS PREVIOUS DESIGNATION OF "THE MARVIN STEVENSON, COUNTY COUNCILMAN, COMMISSIONER HIGHWAY" TO "THE HONORABLE MARVIN STEVENSON HIGHWAY" AND AMEND APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION TO CONTAIN THIS DESIGNATION.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up:
S. 955 (Word version) -- Senator Fanning: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE JUNCTION OF ROSS CANNON STREET AND EAST MADISON STREET IN THE CITY OF YORK IN YORK COUNTY "JOHN HENRY HARDIN, JR. INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THESE WORDS.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
The following Concurrent Resolution was taken up: S. 1001 (Word version) -- Senators Scott, Harpootlian, Jackson, McElveen and McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 215 (MONTICELLO ROAD) IN RICHLAND COUNTY FROM ITS INTERSECTION WITH ELLIOTT AVENUE TO ITS INTERSECTION WITH COLUMBIA COLLEGE DRIVE "GEORGE E. GLYMPH MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., February 8, 2022
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
Horry County Master-in-Equity
Term Commencing: 07/31/2021
Term Expiring: 07/31/2027
Vice: Cynthia Graham Howe (resigned)
The Honorable Alan Clemmons
1411 SC Highway 15
Myrtle Beach, South Carolina 29577
Yours very truly,
Henry McMaster
President
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson 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 Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Govan Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson K. O. Johnson King Kirby Ligon Long Lucas McCabe McCravy McDaniel McGinnis T. Moore B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Rutherford Sandifer G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams Yow
Those who voted in the negative are:
Hill Magnuson
The following was introduced:
H. 5002 (Word version) -- Rep. J. Moore: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE UNTIMELY PASSING OF LITTLE MASTER OWEN MESSIAH FIELDS OF HAMPTON AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5003 (Word version) -- Rep. King: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR THE COMRADES OF GRAY-CORKERELL VETERANS OF FOREIGN WARS POST 3746 IN ROCK HILL UPON THE OPENING OF THEIR NEW POST HOME AND WISH THEM GOD'S RICHEST BLESSINGS AS THEY CONTINUE TO SERVE THEIR FELLOW COMRADES AND THEIR COMMUNITY.
The Resolution was adopted.
The following was introduced: H. 5004 (Word version) -- Reps. Daning, Jefferson, Davis, M. M. Smith, J. Moore, 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, 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, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, 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, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO HONOR THE MEN AND WOMEN WHO DEVOTED THEMSELVES TO THE SUCCESS OF THE CHARLESTON NAVAL SHIPYARD AND TO DESIGNATE APRIL 2, 2022, AS "CHARLESTON NAVAL SHIPYARD DAY" IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5005 (Word version) -- Rep. McDaniel: A HOUSE RESOLUTION TO CONGRATULATE DOROTHY MCCANTS OF WINNSBORO ON THE OCCASION OF HER EIGHTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 5006 (Word version) -- Reps. McDaniel and Parks: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF CHERYL A. HICKMON, NATIONAL PRESIDENT AND CHAIR OF THE NATIONAL BOARD OF DIRECTORS OF DELTA SIGMA THETA SORORITY, INC., AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LOVING FAMILY AND HER MANY FRIENDS.
The following was introduced:
H. 5011 (Word version) -- Reps. Kirby, Henegan, 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, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, 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, Parks, 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 and Yow: A HOUSE RESOLUTION TO REMEMBER THE LIFE OF FRAZIER B. BAKER, POSTMASTER OF LAKE CITY WHO WAS MURDERED BY A WHITE MOB OUTSIDE HIS BURNING HOME ON FEBRUARY 22, 1898, AND TO DECLARE TUESDAY, FEBRUARY 22, 2022, AS A DAY TO HONOR HIS MEMORY.
Whereas, Frazier B. Baker was a married forty-year-old African American schoolteacher and the father of six children, who was appointed as postmaster of Lake City in 1897 during the administration of President William McKinley; and
Whereas, local whites who resented black Republican officeholders resisted McKinley's recess appointments and launched a campaign to force Mr. Baker's removal. Williamsburg County was sixty-three percent black, but Lake City was overwhelmingly white; and
Whereas, whites initiated a boycott of the Lake City post office, and circulated petitions calling for the dismissal of Mr. Baker, a member of the Colored Farmers Alliance, claiming that he had cut mail delivery from three times a day to one due to threats against his life, threats he communicated to his superiors in Washington, D. C.; and
Whereas, a postal inspector investigated the complaints and advised that the post office be closed. In response, a white mob burned it down, sure that no one would rent another space while Mr. Baker remained postmaster. When racial tension lessened and space was found on the edge of town, Mr. Baker sent for his family; and
Whereas, when efforts failed to secure his removal, a white mob attacked him and his family on February 22, 1898, at their house, which also served as the post office. The family awoke to find their house on fire; and
Whereas, when Mr. Baker's attempts to put out the fire failed, he sent his son to find help, but as soon as the son opened the door, his son was met with gunfire, so Mr. Baker pulled him back into the house. He told his wife, Lavinia, that they might as well die running as standing still, and they started for the door; and
Whereas, before he opened the door, a bullet struck and killed his two-year-old daughter, held by his wife, so he threw open the door and was fatally shot as well. Mrs. Baker and two other children were wounded, yet they escaped when his wife rallied the family from the burning house. For three days, they received no medical treatment; and
Whereas, coverage of the event was extensive, and the lynching was met with widespread condemnation, including across the South. A grand jury in Williamsburg County failed to return any indictments, and the McKinley Administration conducted a robust investigation. On July 1, 1898, prosecutors indicted seven men in the murder of Mr. Baker, and ultimately, thirteen were indicted in United States Circuit Court on charges of murder, conspiracy to commit murder, assault, and destruction of mail on April 7, 1899; and
Whereas, the trial was held in federal court during April 1899. The jury deliberated for twenty-four hours, but a mistrial was declared in a deadlocked five-to-five verdict. The case was never retried; and Whereas, on May 2, 1898, a mass meeting was held at the Emmanuel African Methodist Episcopal (AME) Church in Charleston where a resolution was passed condemning the attack and the congregation collected funds to assist the Baker family. Family members led fundraising efforts to help the Baker family relocate to Massachusetts; and
Whereas, the Bakers remained in Boston, where the four surviving children died from tuberculosis during an epidemic. When her last child died in 1942, Lavinia Baker returned to Florence County, living in Cartersville until her death in 1947; and
Whereas, in 1918, St. James AME Church was constructed on the site of Mr. Baker's burned post office and house. On October 5, 1955, St. James was burned down. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, remember the life of Frazier B. Baker, Postmaster of Lake City, who was murdered by a white mob outside his burning home on February 22, 1898, and declare Tuesday, February 22, 2022, as a day to honor his memory.
The Resolution was adopted.
The following was introduced: H. 5007 (Word version) -- Reps. Ballentine, Alexander, Allison, Anderson, Atkinson, Bailey, 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, 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, Parks, 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 and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE MAJOR GENERAL STEPHEN B. "BRAD" OWENS, ASSISTANT ADJUTANT GENERAL FOR THE SOUTH CAROLINA NATIONAL GUARD, UPON THE OCCASION OF HIS RETIREMENT, TO SALUTE HIM FOR MORE THAN THIRTY-SEVEN YEARS OF EXCEPTIONALLY MERITORIOUS SERVICE IN THE UNITED STATES ARMY AND THE GUARD, AND TO EXTEND BEST WISHES FOR CONTINUED SUCCESS AND FULFILLMENT IN THE YEARS TO COME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5008 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HOLLOW CREEK ROAD IN AIKEN COUNTY FROM ITS INTERSECTION WITH CLINTON CHURCH ROAD TO THE AIKEN/ORANGEBURG COUNTY LINE "CHIEF GLENN POOLE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5009 (Word version) -- Reps. Haddon, Burns, Chumley, Caskey, Magnuson, Pope, May, Long, Gilliam, Erickson, G. R. Smith, Trantham and Thayer: A BILL TO DIRECT THE DEPARTMENT OF COMMERCE TO CEASE OPERATIONS AND CLOSE ITS OFFICE LOCATED IN SHANGHAI, CHINA, AND TO CONSOLIDATE THE SHANGHAI OFFICE WITH THE OFFICE LOCATED IN TAIWAN, AND TO PROHIBIT THE DEPARTMENT OF COMMERCE FROM OPERATING ANY BUSINESS LOCATION WITHIN MAINLAND CHINA.
Referred to Committee on Judiciary
H. 5010 (Word version) -- Rep. Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-43-40 SO AS TO PROVIDE THAT THE GENERAL EDUCATIONAL DEVELOPMENT (GED) TEST BATTERY MUST BE GIVEN IN ANY LANGUAGE OFFERED BY THE GED TESTING SERVICE IN THE UNITED STATES.
Referred to Committee on Education and Public Works
Rep. BUSTOS moved that the House do now adjourn, which was agreed to.
At 1:27 p.m. the House, in accordance with the motion of Rep. J. MOORE, adjourned in memory of Owen Fields, to meet at 10:00 a.m. tomorrow.
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