NO. 43
REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 133: "How very good and pleasant it is when kindred live together in unity!"
Let us pray. Good and gracious God, we give You thanks and praise that we are here working together to do for the people of this State all that needs to be done. Keep each of these Representatives and staff in Your care as they do their work. Keep our defenders of freedom and first responders under Your protection. Look in favor upon our World, Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. 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.
Rep. ATKINSON moved that when the House adjourns, it adjourn in memory of Mary Ann Elvington, which was agreed to.
The House stood in silent prayer for the family and friends of Mary Ann Elvington.
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 Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott 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 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 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 Willis Wooten Yow
The SPEAKER granted Rep. HAYES a leave of absence for the day.
The SPEAKER granted Rep. HIXON a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. MATTHEWS a leave of absence for the day.
The SPEAKER granted Rep. S. WILLIAMS a leave of absence for the day.
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. 3096 (Word version)
Date: ADD:
04/07/21 B. NEWTON
Bill Number: H. 3130 (Word version)
Date: ADD:
04/07/21 DAVIS
Bill Number: H. 3620 (Word version)
Date: ADD:
04/07/21 HOSEY and CLYBURN
Bill Number: H. 3834 (Word version)
Date: ADD:
04/07/21 POPE
Bill Number: H. 3988 (Word version)
Date: ADD:
04/07/21 HUGGINS
Bill Number: H. 4000 (Word version)
Date: ADD:
04/07/21 ELLIOTT and B. COX
Bill Number: H. 4017 (Word version)
Date: ADD:
04/07/21 HILL
Bill Number: H. 4153 (Word version)
Date: ADD:
04/07/21 M. M. SMITH
Bill Number: H. 4158 (Word version)
Date: ADD:
04/07/21 BRAWLEY
Bill Number: H. 4133 (Word version)
Date: REMOVE:
04/07/21 ROBINSON
The SPEAKER granted Rep. ERICKSON a temporary leave of absence.
The following Bill was taken up:
S. 515 (Word version) -- Senators Stephens and Hutto: A BILL TO AMEND SECTION 3(B)(5) OF ACT 280 OF 2018, RELATING TO THE ORANGEBURG COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES' DUTY TO ADOPT ATTENDANCE ZONES, TO PROVIDE THAT THE BOARD'S DUTY TO ADOPT ATTENDANCE ZONES AND RELATED PROVISIONS SHALL NOT APPLY IF THE BOARD DETERMINES THAT A BUILDING OR STRUCTURE IS AN IMMINENT THREAT TO THE HEALTH OR SAFETY OF STUDENTS OR STAFF, THE NEEDED UPGRADES AND REPAIRS TO MAINTAIN A BUILDING OR STRUCTURE ARE ECONOMICALLY UNFEASIBLE, OR A BUILDING OR STRUCTURE IS UNDERUTILIZED AND THE USE OF ANOTHER BUILDING OR STRUCTURE IS FEASIBLE.
Rep. OTT proposed the following Amendment No. 1 to S. 515 (Word version) (COUNCIL\ZW\515C001.CC.ZW21COUNCIL\ZW\515C001.CC.ZW21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. SECTION 3(B)(5) of Act 280 of 2018 is amended to read:
"(5) adopt attendance zones of schools within the school district except that, through school year 2021-2022, existing attendance zones cannot be changed unless the federal court order regarding attendance zones is rescinded or amended during this period. However, no elementary, middle, or high school may be closed until three public hearings are held at least two weeks apart within the affected attendance area, with information to include, among other things, a delineation of the cost factors involved in keeping the school open and transporting the students to another school. In addition to the public hearings requirement, if a school in an attendance area that existed before consolidation is to be closed and the students of that school moved to a school in another attendance area, the qualified electors within the attendance area where the school is to be closed also first must approve the closing by referendum. This referendum may not be held at the same time as a school bond referendum. A school building that is the responsibility of the board of trustees of the school district must be maintained in conformity with all applicable building code standards and requirements to protect and ensure the health, safety, and welfare of students, faculty, administrators, and the general public. The provisions of this item do not apply if the board determines that:
(a) a school building or structure is an imminent threat to the health or safety of students or staff; or
(b) the needed upgrades and repairs to maintain a school building or structure are economically unfeasible;"
SECTION 2. SECTION 5 of Act 280 of 2018 is amended to read:
"SECTION 5. (A) The board of trustees of the school district, before July first of each year, shall prepare a school district budget for the ensuing school year. Before September second of each year, the board shall notify the county auditor and treasurer in writing of the millage required for the operation of the schools in the district for the ensuing school year. The notice by the board constitutes authority for the levying and collection of the millage upon all of the real and personal property within the school district. The levy must be placed to the credit of the district and expended for the district. Beginning in 2019, the school district may raise its millage by no more than two mills over that levied for the previous year, in addition to any millage needed to adjust for the EFA inflation factor and sufficient to meet the requirements of Section 59-21-1030. Beginning with fiscal year 2022-2023, the school district may raise its millage to two mills over that levied for fiscal year 2021-2022, in addition to the inflation factor as estimated by the EFA and meeting the requirements of Section 59-21-1030. An increase above this two these mills for operations may be levied only after a majority of the registered electors of the district vote in favor of the millage increase in a referendum called by the district school board and conducted by the county election commission.
(B) The board shall hold a public hearing prior to its final approval of the budget for the district. Notice of this public hearing must be placed in a newspaper of general circulation in the district at least fifteen days before the public hearing.
(C) For purposes of determining the previous year's millage of the district upon its creation, the millage levy for the district must be determined and calculated by the board based on the 2018 levy in each of the three districts and the value of a mill in each district as well as the 2018 countywide school millage levy and the value of a mill in the county Beginning in fiscal year 2021-22, the operational millage levy for the district shall be two hundred nineteen mills."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Bustos Calhoon Carter Caskey Chumley Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Dillard Felder Fry Gagnon Gatch Gilliard Govan Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hosey Hyde Jefferson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Martin May McCravy McDaniel McGarry McGinnis T. Moore Morgan V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Sandifer Simrill G. M. Smith M. M. Smith Stringer Taylor Tedder Thayer Thigpen Trantham West Wetmore White Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3614 (Word version) -- Reps. Lucas, Allison, Felder and McDaniel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-39-105 SO AS TO PROVIDE HIGH SCHOOL SENIORS SHALL COMPLETE AND SUBMIT A FREE APPLICATION FOR FEDERAL STUDENT AID BEFORE GRADUATING FROM HIGH SCHOOL, TO PROVIDE EXEMPTIONS, TO PROVIDE RELATED REQUIREMENTS FOR THE IMPLEMENTATION OF THESE PROVISIONS, AND TO MAKE THESE PROVISIONS APPLICABLE BEGINNING WITH THE 2022-2023 SCHOOL YEAR. H. 3590 (Word version) -- Reps. Allison and Lucas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1115 SO AS TO PROVIDE PUBLIC SCHOOL DISTRICTS MAY HIRE NONCERTIFIED TEACHERS FOR ANY SCHOOLS AND CAREER AND TECHNOLOGY CENTERS THAT HAVE VACANT TEACHING POSITIONS FIVE BUSINESS DAYS BEFORE THE BEGINNING OF THE SCHOOL YEAR, TO PROVIDE THESE NONCERTIFIED TEACHERS MAY COMPRISE NO MORE THAN TWENTY-FIVE PERCENT OF THE ENTIRE TEACHING STAFF OF A SCHOOL OR CAREER AND TECHNOLOGY CENTER, TO PROVIDE ACADEMIC AND EXPERIENCE REQUIREMENTS FOR THESE NONCERTIFIED TEACHERS, AND TO PROVIDE RELATED REQUIREMENTS CONCERNING THE REGISTRATION AND TERMINATION OF THESE NONCERTIFIED TEACHERS.
H. 3319 (Word version) -- Reps. King, McDaniel, Henderson-Myers, S. Williams, Rivers and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-785 SO AS TO PROVIDE STUDENTS ELIGIBLE FOR FREE AND REDUCED-PRICE MEALS MUST BE OFFERED THE SAME FEDERALLY REIMBURSABLE MEAL AS INELIGIBLE STUDENTS, TO PROVIDE SUCH MEALS MUST BE OFFERED REGARDLESS OF WHETHER STUDENTS OWE MONEY FOR PREVIOUS MEALS, TO PROVIDE SCHOOLS THAT OFFER FOOD AND BEVERAGES SEPARATELY FROM FEDERALLY REIMBURSABLE MEALS MAY NOT ALLOW STUDENTS TO ACCRUE BALANCES WHEN PURCHASING SUCH ITEMS AND ONLY MAY ACCEPT CASH PAYMENT OR ALLOW FUNDS TO BE ELECTRONICALLY DRAWN FROM PREPAID BALANCES, TO PROVIDE SCHOOLS AND SCHOOL DISTRICTS MAY NOT PENALIZE STUDENTS FOR FAILING TO PAY FOR SCHOOL LUNCHES, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP AND PROVIDE A MODEL POLICY AND TEMPLATE REGARDING THE COLLECTION OF SCHOOL MEAL DEBT TO EACH SCHOOL DISTRICT. H. 3037 (Word version) -- Reps. Garvin, Robinson, Cobb-Hunter, Hosey, J. L. Johnson, Matthews, S. Williams, Rivers, Jefferson, R. Williams, Govan and King: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ADD A NOTATION TO A PRIVATE PASSENGER-CARRYING MOTOR VEHICLE REGISTRATION TO INDICATE THE VEHICLE OWNER OR AN OCCUPANT OF THE VEHICLE SUFFERS FROM CERTAIN MEDICAL CONDITIONS AND TO PROVIDE THE CRIMINAL JUSTICE ACADEMY SHALL OFFER COURSES TO TRAIN LAW ENFORCEMENT OFFICERS ON HANDLING SITUATIONS THAT MAY ARISE FROM THE ENFORCEMENT OF THIS PROVISION.
H. 3941 (Word version) -- Reps. Alexander, Allison, Kirby and Matthews: A JOINT RESOLUTION TO ENCOURAGE PUBLIC SCHOOL DISTRICTS TO DEVELOP AND IMPLEMENT EMERGENCY SICK LEAVE PLANS USING CERTAIN FEDERAL FUNDS INTENDED FOR COVID-19 RELIEF, TO PROVIDE REQUIREMENTS FOR SUCH PLANS, TO PROVIDE RELATED SUPPORT REQUIREMENTS OF THE STATE DEPARTMENT OF EDUCATION, TO PROVIDE PROTECTIONS FOR SCHOOL DISTRICT EMPLOYEES WHO USE SUCH EMERGENCY SICK LEAVE, AND TO PROVIDE RELATED REPORTING REQUIREMENTS OF LOCAL SCHOOL DISTRICTS AND THE STATE DEPARTMENT OF EDUCATION.
H. 3883 (Word version) -- Rep. Collins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, TO PROVIDE REQUIREMENTS FOR IMPLEMENTING COMPETENCY-BASED EDUCATION IN SCHOOLS, AND TO PROVIDE RELATED REQUIREMENTS FOR THE STATE DEPARTMENT OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION.
H. 4006 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 2.B. OF ACT 167 OF 2020, RELATING TO AN INCREASED LIMIT FOR CERTAIN OFF-PREMISES SALES, SO AS TO EXTEND THE INCREASE UNTIL MAY 31, 2022. H. 3795 (Word version) -- Rep. Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SIGN LANGUAGE INTERPRETERS ACT" BY ADDING CHAPTER 84 TO TITLE 40 SO AS TO REQUIRE A SPECIFIED LEVEL OF COMPETENCE FOR SIGN LANGUAGE INTERPRETERS USED BY CERTAIN ENTITIES OF STATE GOVERNMENT, PUBLIC SCHOOLS, AND HOSPITAL SYSTEMS, TO PROVIDE SIGN LANGUAGE INTERPRETATION SERVICES TO MEMBERS OF THE PUBLIC WHO ARE DEAF OR HARD OF HEARING AND HAVE CERTAIN SPEECH IMPAIRMENTS, AND TO PROVIDE NECESSARY DEFINITIONS; BY ADDING SECTION 59-33-120 SO AS TO PROVIDE FOR THE PROMULGATION OF REGULATIONS FOR THE APPROPRIATE CREDENTIALING OF SIGN LANGUAGE INTERPRETERS IN PUBLIC AND SPECIAL SCHOOLS, AND TO REQUIRE INTERPRETERS FOR THE DEAF WORKING IN SCHOOLS AND SCHOOL DISTRICTS IN THIS STATE TO SUBMIT THE SAME BACKGROUND CHECKS AS EDUCATORS; TO AMEND SECTION 15-27-15, RELATING TO THE APPOINTMENT OF SIGN LANGUAGE INTERPRETERS BY THE JUDICIAL DEPARTMENT FOR PARTIES OR WITNESSES WHO ARE DEAF OR HARD OF HEARING, SO AS TO MAKE CONFORMING CHANGES AND TO PROVIDE NECESSARY DEFINITIONS; AND TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE JANUARY 1, 2022.
H. 3524 (Word version) -- Reps. Hixon and Forrest: A BILL TO AMEND ACT 205 OF 2016, AS AMENDED, RELATING TO THE EXEMPTION OF PRIVATE, FOR-PROFIT PIPELINE COMPANIES FROM CERTAIN RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES THAT OTHERWISE ARE EXTENDED TO PIPELINE COMPANIES, SO AS TO EXTEND THE SUNSET PROVISION TO JUNE 30, 2022.
H. 4062 (Word version) -- Reps. Sandifer and West: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-65 SO AS TO ALLOW THE PUBLIC SERVICE COMMISSION TO HIRE QUALIFIED, INDEPENDENT THIRD-PARTY EXPERTS AND CONSULTANTS; AND TO AMEND SECTION 58-41-20, RELATING TO REVIEW AND APPROVAL PROCEEDINGS FOR ELECTRICAL UTILITIES, SO AS TO MAKE CONFORMING CHANGES. H. 4060 (Word version) -- Reps. Sandifer and Thayer: A BILL TO AMEND SECTION 6-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODE ADOPTION PROCEDURES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BUILDING CODES COUNCIL ALSO IS AUTHORIZED TO DENY THE RESIDENTIAL BUILDING CODES WITHIN A CERTAIN TIME FRAME, TO PROVIDE THAT THE COUNCIL ALSO MAY DENY THE STUDY COMMITTEE'S REPORT OF RECOMMENDATIONS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THE COUNCIL MUST PROVIDE A PRELIMINARY FISCAL IMPACT STATEMENT.
H. 3243 (Word version) -- Reps. Collins, Bernstein, Kimmons, Forrest, Herbkersman, Erickson, W. Cox, Elliott, Carter, Cobb-Hunter, Rutherford, King, Henegan, Wheeler, Thigpen, Pendarvis, Rose, Bamberg, Dillard, McKnight, Garvin, Stavrinakis, Ott, Weeks, Atkinson, R. Williams, Jefferson, Kirby, J. L. Johnson, Cogswell, Caskey, Matthews, S. Williams and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-35 SO AS TO PROVIDE PEOPLE WHO ARE LAWFULLY PRESENT IN THIS STATE AND ARE NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH RESIDENCY AND BE ELIGIBLE FOR OCCUPATIONAL OR PROFESSIONAL LICENSURE UNDER THE PROVISIONS OF THIS CHAPTER, PROVIDED OTHER LICENSURE REQUIREMENTS ARE MET.
H. 4098 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY-STATE CROP PEST COMMISSION, RELATING TO ASIAN LONGHORNED BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 5015, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4099 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATIONS FOR NONNATIVE WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 5027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. H. 3546 (Word version) -- Reps. W. Newton, Pope, Dillard, Bradley, Erickson, S. Williams, Rivers and Weeks: A BILL TO AMEND SECTION 1-30-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ESTABLISH OBJECTIVES FOR THE SOUTH CAROLINA FILM COMMISSION.
H. 3144 (Word version) -- Reps. White, Robinson, Thigpen, V. S. Moss, Dillard, Weeks, Wheeler, Fry, B. Newton, Forrest, Rivers and S. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-365 SO AS TO ESTABLISH THE "SOUTH CAROLINA WORKFORCE INDUSTRY NEEDS SCHOLARSHIP (SC WINS)", TO PROVIDE THAT CERTAIN STUDENTS ATTENDING A TWO-YEAR TECHNICAL COLLEGE ARE ELIGIBLE FOR THE SCHOLARSHIP, AND TO PROVIDE ELIGIBILITY REQUIREMENTS.
H. 3948 (Word version) -- Reps. Stavrinakis, Murphy and Dillard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-37-60 SO AS TO PROVIDE THAT A COUNTY THAT HAS IMPOSED A TAX PURSUANT TO CHAPTER 37, TITLE 4, ALSO MAY IMPOSE ANOTHER SALES AND USE TAX.
H. 3560 (Word version) -- Reps. Bernstein, Herbkersman, Henegan, Pope, Rutherford, Finlay, Stavrinakis, Collins, W. Newton, Wheeler, Jordan, Ballentine, Garvin, J. E. Johnson, Brawley, Elliott, Rose, B. Newton, Robinson, Kirby, Haddon, V. S. Moss, Caskey, J. L. Johnson, Cobb-Hunter, Yow, Dillard, Willis, Weeks, Matthews, S. Williams, Rivers, Henderson-Myers, King and McDaniel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-150 SO AS TO PROVIDE TWELVE WEEKS OF PAID FAMILY LEAVE FOR STATE EMPLOYEES DUE TO THE BIRTH OR ADOPTION OF A SON OR DAUGHTER. H. 3545 (Word version) -- Reps. W. Newton, Erickson, Bradley, Rivers and S. Williams: A BILL TO AMEND SECTION 51-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM'S AUTHORITY TO CONSTRUCT STREETS AND ROADS THROUGH HUNTING ISLAND, SO AS TO REMOVE REFERENCES TO RESIDENTIAL AREAS; TO AMEND SECTION 51-7-70, RELATING TO THE PAYMENT OF REVENUE OBLIGATIONS, SO AS TO REMOVE CERTAIN ACTIONS THE DEPARTMENT MAY UNDERTAKE TO SECURE PAYMENT OF OBLIGATIONS; AND TO REPEAL SECTION 51-7-20 RELATING TO LEASES OF RESIDENTIAL AREAS ON HUNTING ISLAND.
H. 3547 (Word version) -- Rep. W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING CHAPTER 9 OF TITLE 51 RELATING TO THE FORT WATSON MEMORIAL; AND BY REPEALING SECTIONS 53-3-90 AND 53-3-100 BOTH RELATING TO "FAMILY WEEK IN SOUTH CAROLINA".
H. 3354 (Word version) -- Rep. Ballentine: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A RENEWABLE ENERGY RESOURCE PROPERTY HAVING A NAMEPLATE CAPACITY OF AND OPERATING AT NO GREATER THAN TWENTY KILOWATTS.
H. 3482 (Word version) -- Reps. Stavrinakis, Kirby, Pendarvis, J. Moore, Henegan, Wetmore, Weeks, Wheeler and Henderson-Myers: A BILL TO AMEND SECTION 12-45-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTALLMENT PAYMENTS OF PROPERTY TAX, SO AS TO AUTHORIZE A COUNTY TO ESTABLISH AN ALTERNATIVE PAYMENT SCHEDULE.
H. 4064 (Word version) -- Reps. G. M. Smith, Sandifer and Weeks: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CLARIFY THAT MANUFACTURING PROPERTY OWNED OR LEASED BY A PUBLIC UTILITY REGULATED BY THE PUBLIC SERVICE COMMISSION DOES NOT QUALIFY FOR A 14.2857 PERCENT EXEMPTION.
The following Bill was taken up:
H. 3681 (Word version) -- Reps. Simrill, Rutherford, Bannister, West and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-45 SO AS TO PROVIDE THAT POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT ENACT ANY LAWS, ORDINANCES, OR RULES PERTAINING TO INGREDIENTS, FLAVORS, OR LICENSING OF CIGARETTES, ELECTRONIC SMOKING DEVICES, E-LIQUID, VAPOR PRODUCTS, TOBACCO PRODUCTS, OR ALTERNATIVE NICOTINE PRODUCTS; AND TO PROVIDE THAT SUCH LAWS, ORDINANCES, AND RULES ENACTED BY A POLITICAL SUBDIVISION PRIOR TO DECEMBER 31, 2020, ARE NOT SUBJECT TO THE PREEMPTION IMPOSED BY THIS ACT.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3681 (Word version) (COUNCIL\VR\3681C001.CC.VR21), which was adopted:
Amend the bill, as and if amended, by striking all after the eacting words and inserting:
/ SECTION 1. Chapter 95, Title 44 of the 1976 Code is amended by adding:
"Section 44-95-45. (A) Political subdivisions of this State may not enact any laws, ordinances, or rules pertaining to ingredients, flavors, or licensing, beyond a general business license, related to the sale of the following products:
(1) cigarettes, as defined in Section 12-21-620;
(2) electronic smoking devices, e-liquid, vapor products, tobacco products, or alternative nicotine products, each as defined in Section 16-17-501; or
(3) any other product containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means.
(B) Nothing in this section shall be construed to interfere with a political subdivision's authority to determine its own public use policies relating to any of the products referenced in this section."
SECTION 2. Laws, ordinances, or rules enacted by political subdivisions of this State prior to December 31, 2020, pertaining to ingredients, flavors, or licensing, related to the sale of cigarettes, electronic smoking devices, e-liquid, vapor products, tobacco products, alternative nicotine products, or any other products containing nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any means, and municipal code amendments to said laws, ordinances, or rules, are exempt from the preemption imposed by this act. Nothing in this act shall be construed to interfere with a political subdivision's authority to determine its own public use policies relating to any of the products referenced in this act.
SECTION 3. Nothing in this act shall be construed to interfere with a political subdivision's authority under Chapter 29, Title 6, including, without limitation, with respect to land use regulation, land development regulation, zoning, or permitting.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
Rep. HILL spoke upon 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 Bamberg Bannister Bennett Blackwell Brittain Burns Bustos Carter Caskey Chumley Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Dabney Davis Dillard Elliott Forrest Gagnon Gatch Gilliam Gilliard Haddon Henderson-Myers Herbkersman Hewitt Hill Hiott Hosey Huggins Hyde Jefferson J. E. Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Parks Robinson Sandifer Simrill M. M. Smith Stringer Taylor Thayer Thigpen Trantham West White Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
Bernstein Brawley Bryant Calhoon Cogswell Daning Felder Fry Garvin Hardee Henegan J. L. Johnson K. O. Johnson Magnuson D. C. Moss Ott Rivers Rose G. R. Smith Stavrinakis Tedder Wetmore Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4017 (Word version) -- Reps. Simrill, Pope, Weeks, W. Cox and Hill: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2020, TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES, AND TO PROVIDE FOR THE TAX TREATMENT OF THE PAYCHECK PROTECTION PROGRAM AND CERTAIN EXPENSES AS PROVIDED FOR IN THE FEDERAL CONSOLIDATED APPROPRIATIONS ACT OF 2021.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4017 (Word version) (COUNCIL\DG\4017C003.NBD.DG21), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. (A) The following amendments in the Coronavirus Aid, Relief, and Economic Security Act (CARES) of 2020, P.L. 116-136 (March 27, 2020) are specifically not adopted by this State:
(1) Internal Revenue Code (IRC) Section 62(a)(22) relating to the $300 charitable deduction allowed in 2020 for persons who claim the standard deduction; (2) Section 2205(a), (b) and (c) of the CARES Act relating to the modification of limitations on individual and corporate cash charitable contributions for 2020 and relating to the increase in limits on charitable contributions of food inventory for 2020;
(3) IRC Section 172(a) relating to the modification of the income limitations allowed for the use of net operating losses in tax years 2018, 2019, and 2020;
(4) IRC Section 461(l) relating to the modification of the limitation on losses allowed for non-corporate taxpayers in tax years 2018, 2019, and 2020.
(B) The following amendments in the Consolidated Appropriations Act of 2021, P.L. 116-260 (December 27, 2020) are specifically not adopted by this State:
(1) Amendment to Division N Section 275 relating to the allowance of personal protective equipment expenses for the educator expense deduction under IRC Section 62(a)(2)(D)(ii);
(2) IRC Section 274(n) relating to the temporary allowance of the full business deduction for business meals that are paid or incurred after December 30, 2020, and before January 1, 2023;
(3) IRC Section 170(p) relating to the $300 or $600 charitable deduction allowed in 2021 for persons taking the standard deduction;
(4) Amendment to CARES Act Section 2205 relating to the temporary extension of the modification of limitations on individual and corporate cash charitable contributions and the increase in limits on charitable contributions of food inventory to tax year 2021;
(5) Amendments to the Taxpayer Certainty and Disaster Tax Relief Act of 2020, P.L. 116-260 Division EE Section 304 relating to the special rules for qualified disaster relief for charitable contributions and special rules for qualified disaster related personal casualty losses.
SECTION ___. For tax year 2020, the amendment in the American Rescue Plan of 2021, P.L. 117-2 (March 11, 2021) relating to the exclusion from taxable income for tax year 2020 of $10,200 of unemployment compensation for a taxpayer with less than $150,000 in federal adjusted gross income is specifically adopted by South
Carolina. /
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL 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 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 Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Ott Parks Pope Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thayer Thigpen Trantham 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 SPEAKER granted Rep. THIGPEN a temporary leave of absence.
The following Bill was taken up:
H. 3786 (Word version) -- Reps. G. M. Smith, Murphy and Weeks: A BILL TO AMEND SECTION 1-1-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL SALARIES OF STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2022-2023 SALARIES FOR THE STATE CONSTITUTIONAL OFFICERS MUST BE BASED ON RECOMMENDATIONS BY THE AGENCY HEAD SALARY COMMISSION TO THE GENERAL ASSEMBLY; TO AMEND SECTION 8-11-160, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, SO AS TO PROVIDE THAT THE AGENCY HEAD SALARY COMMISSION MUST MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR THE SALARIES FOR STATE CONSTITUTIONAL OFFICERS; AND TO AMEND SECTION 8-11-165, RELATING TO SALARY AND FRINGE BENEFIT SURVEYS, SO AS TO PROVIDE THAT SALARY SURVEYS BE CONDUCTED FOR STATE CONSTITUTIONAL OFFICERS.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3786 (Word version) (COUNCIL\SA\3786C001.BH.SA21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-1-1210 of the 1976 Code, as last amended by Act 178 of 2018, is further amended to read:
"Section 1-1-1210. (A) The annual salaries of the state officers listed below are:
Governor $98,000
Lieutenant Governor 43,000
Secretary of State 85,000
State Treasurer 85,000
Attorney General 85,000
Comptroller General 85,000
Superintendent of Education 85,000
Adjutant General 85,000
Commissioner of Agriculture 85,000
(B) These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
(C) A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission.
(D) Beginning with Fiscal Year 2022-2023, and beginning when the state officer's term commences and lasting until the term concludes, with the exception of the Governor and Lieutenant Governor, salaries for the state officers listed in subsection (A) must be based on recommendations by the Agency Head Salary Commission to the General Assembly as provided in Sections 8-11-160 and 8-11-165."
SECTION 2. Section 8-11-160 of the 1976 Code is amended to read:
"Section 8-11-160. (A) All boards and commissions are required to submit justification of an agency head's performance and salary recommendations to the Agency Head Salary Commission.
(B) This commission consists of four appointees of the chairman of the House Ways and Means Committee, four appointees of the chairman of the Senate Finance Committee, and three appointees of the Governor with experience in executive compensation.
(C) Beginning with Fiscal Year 2022-2023:
(1) salaries for the term of state officers listed in Section 1-1-1210(A) must be based on recommendations by the Agency Head Salary Commission to the General Assembly; and (2) the Agency Head Salary Commission shall authorize a study be conducted every four years to recommend a salary range for each state constitutional officer based on their job duties and responsibilities as well as the pay of state constitutional officers in other states.
(D) Salary increases for agency heads must be based on recommendations by each agency board or commission to the Agency Head Salary Commission and their recommendations to the General Assembly."
SECTION 3. Section 8-11-165 of the 1976 Code is amended to read:
"Section 8-11-165. (A) It is the intent of the General Assembly that:
(1) A salary and fringe benefit survey for agency heads must be conducted by the Office of Human Resources of the Department of Administration State Fiscal Accountability Authority every three four years. The staff of the office authority shall serve as the support staff to the Agency Head Salary Commission.
(2) Beginning with the Fiscal Year 2022-2023 and every four years thereafter, the Agency Head Salary Commission shall commission a study to recommend a salary range for the term of each state constitutional officer listed in Section 1-1-1210 based on each state constitutional officer's job duties and responsibilities as well as the pay of other state constitutional officers in other states. The commission shall then determine a salary for the term of each state constitutional officer within the recommended pay range subject to funding being provided in the annual appropriations act.
(B) No employee of agencies reviewed by the Agency Head Salary Commission may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the State Budget and Control Board Director of the Division of State Human Resources at the Department of Administration, and except for employees of higher education technical colleges, colleges, and universities.
No president of a technical college may receive a salary in excess of ninety-five percent of the midpoint of the agency head salary range or the agency head actual salary, whichever is greater, except on approval of the Agency Head Salary Commission and the State Budget and Control Board.
(C) The Agency Head Salary Commission may recommend to the State Budget and Control Board General Assembly that agency head salaries be adjusted to the minimum of their salary ranges and may recommend to the board that agency head salaries be adjusted when necessary up to the midpoints of their respective salary ranges. These increases must be based on criteria developed and approved by the Agency Head Salary Commission.
(D) All new members appointed to a governing board of an agency where the performance of the agency head is reviewed and ranked by the Agency Head Salary Commission shall attend the training in agency head performance appraisal provided by the commission within the first year of their appointment unless specifically excused by the chairman of the Agency Head Salary Commission."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER 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 Bernstein Blackwell Brawley Brittain Bryant Burns Bustos Carter Caskey Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Ligon Long Lowe Lucas Magnuson McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton Nutt Oremus Ott Parks Pope Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thayer Trantham West Wetmore Wheeler White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
Dabney Hill May McCabe
So, the Bill, as amended, was read the second time and ordered to third reading.
April 7, 2021
The Honorable Speaker of the House James H. "Jay" Lucas
506 Blatt Building
South Carolina House of Representatives
Dear Speaker Lucas,
I am notifying you in accordance with S.C. Code Ann. Section 8-13-700 that I will not participate in the vote on H. 3786 (Word version), which is a bill to increase the salaries of state constitutional officiers. I will abstain from this vote in order to avoid any appearance of inpropriety and to avoid any potential conflict of interest. Please note this in the House Journal for April 7, 2021.
Rep. John R. McCravy III Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 38 (Word version) -- Senators Grooms, Rice, Hembree, Verdin, Kimbrell, Corbin, Loftis, Campsen, Bennett and Young: A BILL TO ENACT THE "REINFORCING COLLEGE EDUCATION ON AMERICA'S CONSTITUTIONAL HERITAGE ACT" OR THE "REACH ACT"; TO AMEND SECTION 59-29-120(A), RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION REQUISITE FOR GRADUATION, TO PROVIDE THAT EACH PUBLIC HIGH SCHOOL MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH STUDENT FOR AT LEAST ONE YEAR; TO AMEND SECTION 59-29-130, RELATING TO THE DURATION OF INSTRUCTION IN THE ESSENTIALS OF THE UNITED STATES CONSTITUTION, TO PROVIDE THAT EACH INSTITUTION OF HIGHER LEARNING MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH UNDERGRADUATE STUDENT FOR THREE SEMESTER CREDIT HOURS; AND TO REPEAL SECTION 59-29-140, RELATING TO THE ENFORCEMENT OF THE PROGRAM OF STUDY OF THE UNITED STATES CONSTITUTION BY THE STATE SUPERINTENDENT OF EDUCATION.
Ordered for consideration tomorrow.
The following Joint Resolution was taken up: S. 698 (Word version) -- Senators Peeler, Climer, Hutto, Williams, Talley, Leatherman, K. Johnson, Sabb, McElveen, Setzler, Alexander, Goldfinch, Gambrell, Grooms, Cromer, Shealy, Davis, Young, Rice, Stephens and Campsen: A JOINT RESOLUTION TO AUTHORIZE THE USE OF CERTAIN FUNDS FROM THE WAREHOUSE RECEIPTS GUARANTY FUND TO PAY CERTAIN COTTON PRODUCER CLAIMS, TO PROVIDE THAT THE COTTON PRODUCER SHALL SUBROGATE HIS INTEREST IN A CAUSE OF ACTION, AND TO PROVIDE FOR THE RETURN OF CERTAIN FUNDS TO THE WAREHOUSE RECEIPTS GUARANTY FUND.
Rep. V. S. MOSS explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister 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 Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thayer Trantham West Wetmore Wheeler White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. ALLISON asked unanimous consent to recall S. 704 (Word version) from the Committee on Education and Public Works.
Rep. KING objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3549 (Word version) -- Reps. Ott, Kirby, Bryant and Pope: A BILL TO AMEND SECTION 50-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO OFFER A LICENSE, PERMIT, OR TAG MADE OF A DURABLE MATERIAL AND TO ESTABLISH A FEE; AND TO AMEND SECTION 50-9-50, RELATING TO THE POSSESSION OF A HUNTING OR FISHING LICENSE, PERMIT, OR STAMP, SO AS TO ALLOW FOR A PERSON HUNTING OR FISHING TO DISPLAY THEIR LICENSE, PERMIT, OR STAMP ELECTRONICALLY. Rep. OTT explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bannister 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 Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin May McCabe McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Tedder Thayer Trantham West Wetmore White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
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.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3770 (Word version) -- Reps. G. M. Smith, Stavrinakis, Wetmore, Weeks, Hewitt, Wheeler, Erickson, Bradley, W. Newton and Dillard: A JOINT RESOLUTION TO AUTHORIZE THE USE OF FEDERAL FUNDS FROM THE EMERGENCY RENTAL ASSISTANCE PROGRAM, AND TO PROVIDE THE MANNER IN WHICH THE FUNDS MUST BE DISTRIBUTED.
Rep. FORREST made the Point of Order that the Senate Amendments were 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 such reading.
The SPEAKER sustained the Point of Order.
The Senate Amendments to the following Joint Resolution were taken up for consideration: H. 3925 (Word version) -- Reps. Allison, Trantham, Felder, Simrill, Ligon, Collins, Calhoon, Huggins, McCabe and Pope: A JOINT RESOLUTION TO WAIVE CERTAIN PROVISIONS OF SECTION 59-63-100 OF THE 1976 CODE RELATING TO LIMITATIONS ON HOMESCHOOL STUDENT ELIGIBILITY TO PARTICIPATE IN PUBLIC SCHOOL INTERSCHOLASTIC ACTIVITIES FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS.
Rep. FORREST made the Point of Order that the Senate Amendments were 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 such reading.
The SPEAKER sustained the Point of Order.
The motion period was dispensed with on motion of Rep. SIMRILL.
The following Bill was taken up: H. 3755 (Word version) -- Reps. Murphy, Bryant, Pope, Yow, Simrill, Hardee, Trantham, Oremus, W. Newton, Ligon, Bennett, Fry, Bannister, Carter, Caskey, Forrest, Hixon, Kimmons, McGarry, V. S. Moss, G. M. Smith, Taylor, Thayer, McCabe, Dabney, B. Newton, Elliott, Atkinson and Huggins: A BILL TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE 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 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS 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. MURPHY moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3466 (Word version) -- Reps. Long, McGarry, Pope, Forrest, Magnuson and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-80-65 SO AS TO PROVIDE PROCEDURES THROUGH WHICH A FIRE DEPARTMENT THAT ASSUMES THE COST OF TRAINING A FIREFIGHTER MAY BE REIMBURSED FOR THESE COSTS BY OTHER FIRE DEPARTMENTS THAT SUBSEQUENTLY HIRE THE FIREFIGHTER WITHIN A CERTAIN PERIOD OF TIME.
Rep. JONES spoke in favor of 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 Cobb-Hunter Cogswell Collins B. Cox Crawford Dabney Daning Davis Dillard Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Ott Parks Pendarvis Pope Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Stringer Taylor Tedder Thayer Trantham West Wetmore Wheeler White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
W. Cox Hill
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 3096 (Word version) -- Reps. B. Cox, Magnuson, Burns, Forrest, Morgan, Haddon, Jones, McCabe, McCravy, Elliott, G. R. Smith, Taylor, Oremus, Trantham, May, Kimmons, Chumley, Long, Stringer, Wooten, McGarry, Fry, V. S. Moss, Hill, Thayer, Caskey, Nutt, T. Moore, Ligon, Hardee, Yow, Hixon, Huggins, Crawford, Willis, Hiott, White, M. M. Smith, Hyde, Martin, Dabney, Gagnon, D. C. Moss, Bailey and B. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CONSTITUTIONAL CARRY ACT OF 2021"; TO AMEND SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING OF A FIREARM, SO AS TO DELETE THE TERM "CONCEALABLE WEAPONS PERMIT" AND REPLACE IT WITH THE TERM "FIREARM"; TO AMEND SECTION 16-23-20, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO REVISE THE LOCATIONS AND CIRCUMSTANCES WHERE CARRYING A HANDGUN IS LEGAL; TO AMEND SECTION 16-23-50, RELATING TO PENALTIES ASSOCIATED WITH VIOLATING CERTAIN HANDGUN LAWS, SO AS TO PROVIDE THAT THE PENALTIES DO NOT APPLY TO A PERSON CARRYING A CONCEALABLE WEAPON ONTO A PREMISE THAT DISPLAYS A SIGN THAT PROHIBITS THE CARRYING OF A CONCEALABLE WEAPON; TO AMEND SECTIONS 16-23-420 AND 16-23-430, BOTH RELATING TO THE POSSESSION OF A FIREARM ON SCHOOL PROPERTY, SO AS TO DELETE REFERENCES TO CONCEALED WEAPON PERMITS, TO DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM", AND TO PROVIDE THAT BOTH SECTIONS DO NOT APPLY TO A PERSON WHO LAWFULLY IS CARRYING A WEAPON SECURED IN A MOTOR VEHICLE; TO AMEND SECTION 16-23-465, RELATING TO PENALTIES FOR CARRYING A FIREARM INTO A BUSINESS THAT SELLS ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO A PERSON WHO VIOLATES CERTAIN OFFENSES, AND TO PROVIDE ADDITIONAL CIRCUMSTANCES WHEN IT DOES APPLY TO CERTAIN OFFENSES; TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF A CONCEALED WEAPON PERMIT, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERMIT HOLDER TO POSSESS HIS PERMIT IDENTIFICATION WHEN CARRYING A CONCEALABLE WEAPON, TO REVISE THE PROVISION THAT LISTS THE PLACES UPON WHICH A PERSON MAY NOT CARRY A CONCEALABLE WEAPON, TO REVISE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO CARRY A CONCEALABLE WEAPON WITHOUT A PERMIT, AND REVISE THE PENALTIES THAT MAY BE IMPOSED PURSUANT TO THIS SECTION; TO AMEND SECTION 23-31-220, RELATING TO A PROPERTY OWNER'S RIGHT TO ALLOW A HOLDER OF A CONCEALED WEAPONS PERMIT TO CARRY A WEAPON ONTO HIS PROPERTY, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THIS PROVISION REGULATES BOTH PERSONS WHO POSSESS AND DO NOT POSSESS A CONCEALABLE WEAPONS PERMIT, AND TO PROVIDE THIS PROVISION APPLIES TO A PERSON WHO KNOWINGLY BRINGS A CONCEALABLE WEAPON ONTO A PREMISE OR WORKPLACE; TO AMEND SECTION 23-31-235, RELATING TO THE POSTING OF SIGNS THAT PROHIBIT THE CARRYING OF CONCEALABLE WEAPONS ONTO A PREMISE, SO AS TO PROVIDE THE SIGNAGE PROHIBITS BOTH PERMIT HOLDERS AND NON-PERMIT HOLDERS FROM CARRYING A WEAPON ONTO THE PREMISE; AND TO REPEAL SECTIONS 16-23-460, 23-31-225, AND 23-31-230 RELATING TO UNLAWFULLY CARRYING A CONCEALED DEADLY WEAPON, AND CARRYING A CONCEALABLE WEAPON FROM A MOTOR VEHICLE TO CERTAIN RENTAL DWELLINGS.
Reps. MAGNUSON and FRY proposed the following Amendment No. 1 to H. 3096 (Word version) (COUNCIL\AHB\3096C004.BH.AHB21), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Article 9
Constitutional Carry/Second Amendment Preservation Act
Section 23-31-910. This article may be referred to as the 'Constitutional Carry/Second Amendment Preservation Act'.
Section 23-31-920. The General Assembly finds that the Second Amendment to the United States Constitution protects an individual's right to openly carry firearms, to 'keep and bear arms' and to further provide that the right to keep and bear arms may not be infringed.
Section 23-31-930. (A) Notwithstanding another provision of law:
(1) no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States or an act of the United States Congress that contradicts the provisions of this act relating to Constitutional Carry, or that otherwise regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories if passed after January 1, 2021; and (2) no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States that contradicts the provisions of this act relating to Constitutional Carry, or that regulates the ownership, use, or possession of firearms, ammunitions, or firearm accessories if passed after January 1, 2021.
(B) For purposes of this section, 'firearm' has the same meaning as defined in Section 23-31-1050(3)." /
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. FRY spoke in favor of the amendment.
Rep. CASKEY spoke upon the amendment.
Rep. CASKEY spoke upon the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. STAVRINAKIS raised the Point of Order that under Rule 9.3 that Amendment No. 1 to H. 3096 (Word version) was not germane to the Bill.
SPEAKER LUCAS overruled the Point of Order. He stated that Amendment No. 1 prohibited state and local dollars from being used to enforce a federal law or directive that would contradict the provisions of the Act and that the Amendment was germane.
Rep. BAMBERG continued speaking.
Rep. BAMBERG spoke against the amendment.
The amendment was then adopted.
Rep. BLACKWELL proposed the following Amendment No. 2 to
H. 3096 (Word version) (COUNCIL\CM\3096C002.GT.CM21), which was tabled:
Amend the bill, as and if amended, by STRIKING ALL AFTER THE ENACTING WORDS AND INSERTING THE FOLLOWING:
/ SECTION 1. This act may be cited as the "Open Carry With Training Act".
SECTION 2. Section 23-31-210(5) of the 1976 Code is amended to read:
"(5) 'Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property."
SECTION 3. Section 16-23-20(9) of the 1976 Code is amended to read:
"(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapon permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or
(b) carried openly or concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;"
SECTION 4. Section 23-31-220 of the 1976 Code is amended to read:
"Section 23-31-220. (a) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable or open carry weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable or open carry weapon upon his premises. (B) The posting by the employer, owner, or person in legal possession or control of a sign stating 'No Concealable or Open Carrying of Weapons Allowed' shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable or open carry weapons not be brought upon the premises or into the work place. A person who brings a concealable or open carry weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
(C) In addition to the provisions of subsection (b), a public or private employer or owner of a business may post a sign regarding the prohibition or allowance on those premises of concealable weapons or open carrying of weapons which may be unique to that business."
SECTION 5. Section 23-31-235 of the 1976 Code is amended to read:
"Section 23-31-235. (A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable or open carry weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
(B) All signs must be posted at each entrance into a building where a concealable or open carry weapon permit holder is prohibited from carrying a concealable or open carry weapon and must be:
(1) clearly visible from outside the building;
(2) eight inches wide by twelve inches tall in size;
(3) contain the words 'NO CONCEALABLE OR OPEN CARRYING OF WEAPONS ALLOWED' in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal;
(5) a diameter of a circle; and
(6) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.
(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:
(1) thirty-six inches wide by forty-eight inches tall in size;
(2) contain the words 'NO CONCEALABLE OR OPEN CARRYING OF WEAPONS ALLOWED' in black three-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign; (3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;
(4) placed not less than forty inches and not more than ninety-six inches above the ground;
(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.
(D) Nothing in this section prevents a public or private employer or owner of a business from posting a sign regarding the prohibition or allowance on those premises of concealable weapons or open carrying of weapons which may be unique to that business."
SECTION 6. Section 23-31-210(4)(a) of the 1976 Code is amended to read:
"(a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(v) properly securing a firearm in a holster;
(vi) 'cocked and locked' carrying of a firearm;
(vii) how to respond to a person who attempts to take your firearm from your holster; and
(viii) deescalation techniques and strategies."
SECTION 7. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-232. (A) Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, a person who holds a valid permit issued pursuant to this article may carry a concealable weapon on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities.
(1) The provisions contained in this section apply:
(a) only during those times that the church has the use and enjoyment of the property pursuant to its lease with the school; and (b) only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.
(2) A school district may request that a church utilizing school property for its services disclose and notify the district that persons are, or may be, carrying concealed weapons on the property.
(3) The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school-sponsored activity that is taking place on the school property.
(B) For the purposes of the Federal Gun-Free School Zone Act (18 U.S.C. Section 921(a)), the buildings and grounds of a school that are leased to a church are not considered a school during the hours that the church has the use and enjoyment of the property pursuant to this section."
SECTION 8. Section 23-31-520 of the 1976 Code is amended to read:
"Section 23-31-520. This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.
(A) Notwithstanding another provision of law, a governing body of a county, municipality, or political subdivision may temporarily restrict the otherwise lawful open carrying of a firearm on public property when a governing body issues a permit to allow a public protest, rally, fair, parade, festival, or other organized event. However, if a permit is not applied for and issued prior to an event as described in this subsection, a county, municipality, or political subdivision may not exercise the provisions of this subsection. A person or entity hosting a public protest, rally, fair, parade, festival, or other organized event must post signs at the event when open carrying is allowed or not allowed at the event.
(B) A governing body exercising the authority granted to them pursuant to this section must be specific in the area, duration, and manner in which the restriction is imposed and provide prior notice of the restriction when feasible. In no event may the restriction extend beyond the beginning and conclusion of the event or the location of the event.
(C) A county, municipality, or political subdivision may not confiscate a firearm or ammunition for a violation of this section unless incident to an otherwise lawful arrest."
SECTION 9. This act takes effect sixty days after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. BLACKWELL explained the amendment.
Rep. BLACKWELL moved to table the amendment, which was agreed to.
Rep. BLACKWELL moved to continue the Bill.
Rep. CASKEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Bernstein Blackwell Brawley Bryant Clyburn Cobb-Hunter Cogswell Daning Dillard Felder Finlay Garvin Gilliard Govan Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson K. O. Johnson King Kirby McDaniel McKnight Murray Ott Parks Pendarvis Rivers Robinson Rose Stavrinakis Tedder Weeks Wetmore Wheeler R. Williams
Those who voted in the negative are:
Allison Atkinson Bailey Ballentine Bannister Bennett Bradley Brittain Burns Bustos Calhoon Carter Caskey Chumley Collins B. Cox W. Cox Crawford Dabney Davis Elliott Forrest Fry Gagnon Gatch Gilliam Haddon Hardee Herbkersman Hewitt Hill Hiott Huggins Hyde J. E. Johnson Jones Jordan Kimmons Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Thayer Trantham West White Whitmire Willis Wooten Yow
So, the House refused to continue the Bill.
Rep. KING proposed the following Amendment No. 3 to H. 3096 (Word version) (COUNCIL\DG\3096C003.NBD.DG21), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Article 1, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-75. Notwithstanding any other provision of the South Carolina Constitutional Carry Act of 2021 or any other provision of law, a person may carry a handgun on all public property." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 10-11-320 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. KING spoke in favor of the amendment.
Rep. CASKEY spoke against the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. CASKEY moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bannister Bennett Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chumley Cogswell B. Cox W. Cox Crawford Dabney Daning Davis Elliott Forrest Fry Gagnon Gatch Gilliam Hardee Hewitt Hill Hiott Hyde J. E. Johnson Jones Jordan Kimmons Long Lowe Lucas Magnuson Martin May McCabe McCravy McGarry McGinnis T. Moore Morgan V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Rose Sandifer G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Thayer Trantham West Wetmore White Whitmire Willis Yow
Alexander Anderson Atkinson Ballentine Bamberg Bernstein Brawley Bryant Clyburn Cobb-Hunter Collins Dillard Felder Finlay Garvin Gilliard Govan Haddon Hart Henderson-Myers Henegan Hosey Howard Huggins Jefferson J. L. Johnson K. O. Johnson King Kirby Ligon McKnight D. C. Moss Murray Ott Parks Pendarvis Pope Rivers Robinson Simrill Tedder Thigpen Weeks Wheeler R. Williams Wooten
So, the amendment was tabled.
Reps. BAMBERG, TEDDER and ROBINSON proposed the following Amendment No. 4 to H. 3096 (Word version) (COUNCIL\AHB\3096C006. BH.AHB21), which was tabled:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ___. Article 1, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-40. Notwithstanding another provision of law to the contrary, a person convicted of a nonviolent felony shall have his right to carry a firearm restored after five years have passed since the conclusion of his sentence, including the service of any probation or parole." /
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. CASKEY spoke against the amendment.
Rep. CASKEY moved to table the amendment.
Rep. BAMBERG demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Ballentine Bannister Bennett Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Forrest Fry Gagnon Gilliam Haddon Hardee Herbkersman Hewitt Hiott Huggins Hyde J. E. Johnson Jones Jordan Kimmons Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Pope Rose Sandifer Simrill G. M. Smith G. R. Smith Stavrinakis Stringer Taylor Thayer West Wetmore White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Dillard Garvin Gatch Gilliard Govan Hart Henderson-Myers Henegan Hill Hosey Howard Jefferson J. L. Johnson K. O. Johnson King Kirby McKnight J. Moore Murray Ott Parks Rivers Robinson M. M. Smith Tedder Thigpen Trantham Weeks Wheeler R. Williams
So, the amendment was tabled.
Rep. McKNIGHT proposed the following Amendment No. 5 to
H. 3096 (Word version) (COUNCIL\AHB\3096C008.BH.AHB21), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Article 5, Chapter 3, of Title 16 is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. MCKNIGHT explained the amendment.
Rep. CASKEY raised the Point of Order that under Rule 9.3 that Amendment No. 4 to H. 3096 (Word version) was not germane to the Bill.
Rep. KNIGHT spoke against the Point of Order.
SPEAKER LUCAS sustained the Point of Order.
Rep. BAMBERG spoke against the Bill.
Rep. MCKNIGHT spoke against the Bill.
Rep. HENDERSON-MYERS proposed the following Amendment No. 6 to H. 3096 (Word version) (COUNCIL\AHB\3096C009.BH.AHB21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. The provisions of Article 6, Chapter 11, Title 16 of the 1976 Code relating to the Protection of Persons and Property Act, commonly referred to as the "Stand Your Ground" law, are not applicable in situations in which all parties are lawfully openly carrying firearms as provided in this act. /
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS explained the amendment.
Rep. CASKEY moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Ballentine Bannister Blackwell Bradley Brittain Bryant Burns Calhoon Carter Caskey Chumley Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Felder Finlay Forrest Fry Gagnon Gatch Gilliam Haddon Hardee Herbkersman Hewitt Hill Hiott Huggins Hyde J. E. Johnson Jones Jordan Kimmons Ligon Long Lowe Lucas Magnuson May McCabe McCravy McGinnis T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Thayer Trantham West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bernstein Brawley Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Hart Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson K. O. Johnson King Kirby McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Rivers Robinson Rose Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler R. Williams
So, the amendment was tabled.
Rep. MCKNIGHT spoke against the Bill.
Rep. R. WILLIAMS spoke against the Bill.
Rep. BLACKWELL spoke against the Bill.
Rep. GOVAN spoke against the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Ballentine Bannister Bennett Bradley Brittain Burns Carter Caskey Chumley Collins B. Cox W. Cox Crawford Dabney Davis Elliott Forrest Fry Gagnon Gilliam Haddon Hardee Herbkersman Hewitt Hill Hiott Huggins Hyde J. E. Johnson Jones Jordan Kimmons Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Nutt Oremus Sandifer G. M. Smith G. R. Smith M. M. Smith Stringer Taylor Thayer Trantham West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bamberg Bernstein Blackwell Brawley Bryant Bustos Clyburn Cobb-Hunter Cogswell Daning Dillard Erickson Felder Finlay Garvin Gatch Gilliard Govan Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson K. O. Johnson King Kirby McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Pope Rivers Robinson Rose Simrill Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler R. Williams
Due to my prior engagement on a commitment for over a year, I was unable to vote in person on House Bill 3096. I am a sponsor of this Bill and would have voted in favor of the Bill.
Rep. Bill Hixon
Mr. Speaker and my fellow members, I appreciate your steadfast support for both restoring and defending liberty in our great State. John C. Calhoun once said that "it is harder to preserve than to obtain liberty." As the Biden administration and US Congress are working to erode the rule of law and our Constitution - we must preserve liberty. For these reasons, it is imperative that we restore the natural right to keep and bear arms by promptly passing Constitutional Carry, and furthermore guard these foundational rights by interposing the State of South Carolina to not enforce orders that infringe on the Second Amendment rights and due process of South Carolinians. I ask for passage of H. 3096 (Word version) Constitutional Carry amended with the Second Amendment Preservation Act. By acting promptly as a guard for our essential freedoms, we can ensure that law-abiding South Carolinians can always defend themselves and their families. Thank you for your unwavering support of our freedoms. May God bless you, the Great State of South Carolina, and the United States of America.
Dum spiro spero,
Rep. Stewart Jones
The following Bill was taken up: H. 3465 (Word version) -- Reps. Gilliam, B. Newton, Atkinson, Long, McCravy, Forrest, Caskey, Felder, Matthews and Wheeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-42 SO AS TO PROVIDE A PERSON WHO HOLDS A PROFESSIONAL CERTIFICATE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF EDUCATION FOR TWENTY OR MORE YEARS AND WHO TEACHES IN THIS STATE FOR TWENTY OR MORE YEARS MAY RENEW ANNUALLY THE CERTIFICATE BY PARTICIPATING IN REQUIRED DISTRICT PROFESSIONAL DEVELOPMENT WITHOUT HAVING TO SATISFY ANY ADDITIONAL RENEWAL REQUIREMENTS, AND TO PROVIDE THESE PROVISIONS APPLY NOTWITHSTANDING THE PROVISIONS OF THE CERTIFICATE RENEWAL PLAN DEVELOPED BY THE OFFICE OF TEACHER CERTIFICATION OR ANOTHER PROVISION OF LAW.
Rep. GILLIAM proposed the following Amendment No. 2 to H. 3465 (Word version) (COUNCIL\ZW\3465C001.CC.ZW21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Chapter 26, Title 59 of the 1976 Code is amended by adding:
"Section 59-26-42. A person who holds a professional certificate issued by the South Carolina Department of Education for twenty or more years and who teaches in this State for twenty or more years may renew annually the certificate by participating in required district professional development without having to satisfy any additional renewal requirements. The provisions of this section apply notwithstanding the provisions of the Certificate Renewal Plan developed by the Office of Teacher Certification or another provision of law." /
Renumber sections to conform.
Amend title to conform.
Rep. GILLIAM moved to table the amendment, which was agreed to.
Rep. FELDER proposed the following Amendment No. 5 to H. 3465 (Word version) (COUNCIL\WAB\3465C003.RT.WAB21), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION ___. Prior to July 1, 2022, each school district shall ensure that all schools within its jurisdiction develop plans for unencumbered daily planning time for all classroom teachers. The planning time must be equal to no less of one quarter of teachers' assigned instructional time, free from meetings, duties, or requirements incompatible with the effective planning of instruction. Plans may include contingencies for extenuating circumstances when insufficient numbers of staff and faculty are not on campus. Districts must submit their plans to the State Superintendent of Education for approval. The Superintendent shall provide a report regarding the plans to the General Assembly no later than September 1, 2022.
SECTION __. Prior to May 3, 2021, each school district must provide the State Department of Education with a plan for implementing summer learning camps. the plans must include curricula to be used in mathematics and English/language arts, methods for notifying parents about the availability of the camps, transportation for students, and any other items determined by the department. /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hiott Hosey Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Magnuson Martin May McCabe McCravy McDaniel McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Ott Parks Pendarvis Pope Rivers Robinson Rose 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 Willis Wooten Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3465 (Word version). If I had been present, I would have voted against the Bill.
Rep. Chris Hart
Rep. JEFFERSON moved that the House recede until 2:45 p.m., which was agreed to.
At 2:45 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER PRO TEMPORE granted Rep. G. M. SMITH a leave of absence for the remainder of the day due to medical reasons.
The following Bill was taken up:
H. 3620 (Word version) -- Reps. Gilliard, W. Newton, Bernstein, Hyde, Simrill, Rutherford, Lucas, Dillard, Erickson, Hart, Kimmons, Pope, Stavrinakis, Thigpen, Wheeler, Alexander, Kirby, Henegan, Pendarvis, Herbkersman, Collins, McDaniel, Ott, Cobb-Hunter, R. Williams, Murray, Brawley, Govan, Henderson-Myers, Carter, Rose, Tedder, J. L. Johnson, Wetmore, Weeks, Matthews, Rivers, Anderson, Jefferson, Garvin, Hosey and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR CERTAIN CRIMES", TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE VICTIMS OF A VIOLATION OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3620 (Word version) (COUNCIL\AHB\3620C001.BH.AHB21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Clementa C. Pinckney Hate Crimes Act."
SECTION 2. Chapter 3, Title 16 of the 1976 Code is amended by adding:
(2) For purposes of this article, the definition of 'sex' shall conform to the definition as set forth in the majority's holding in Bostock v. Clayton County, Georgia, 140 S.Ct. 1731 (2020).
(B) A person who violates the provisions of subsection (A) and commits violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C), upon conviction, is subject to an additional fine of not more than ten thousand dollars and an additional term of imprisonment of up to five years;
(C) The provisions of this section provide for the enhancement of the penalties applicable to underlying offenses. The court shall permit the prosecuting agency and the defense to present evidence relevant to the determination of whether the defendant intentionally selected the person against whom the offense is committed in whole or in part because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct. The court with competent jurisdiction over the underlying offense shall instruct the trier of fact to find a special verdict as to a violation of the provisions of this section.
(D) The additional penalties described in subsection (B) may not be imposed unless the person was indicted, either separately or as a separate count in the indictment for the underlying offense, for the offense pursuant to this section committed against the victim who was intentionally selected, in whole or in part because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct, and the person was found guilty of the underlying offense."
SECTION 3. This act takes effect upon approval by the
Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON 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 Bernstein Blackwell Bradley Brawley Brittain Bryant Bustos Carter Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Fry Garvin Gatch Gilliard Govan Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jordan Kimmons King Kirby Ligon Lowe Lucas McDaniel McGinnis J. Moore T. Moore Morgan Murphy Murray B. Newton W. Newton Ott Parks Pendarvis Pope Robinson Rose Sandifer Simrill M. M. Smith Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler R. Williams Wooten
Those who voted in the negative are:
Burns Calhoon Chumley B. Cox Dabney Forrest Gagnon Gilliam Haddon Hill Hiott Long Magnuson McCabe McCravy McGarry D. C. Moss V. S. Moss Nutt Oremus G. R. Smith Stringer Taylor Thayer Trantham West White Whitmire Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 3620 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Cezar E. McKnight
I was temporarily out of the Chamber on constituent business during the vote on H. 3620 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Mark Willis
I was temporarily out of the Chamber on constituent business during the vote on H. 3620 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Michael F. Rivers
I was temporarily out of the Chamber on constituent business during the vote on H. 3620 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Kirkman Finlay III
The following Bill was taken up: H. 3164 (Word version) -- Reps. McCravy, V. S. Moss, Haddon, Long, McCabe, Trantham, Oremus, McGarry, Burns and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-105 SO AS TO PROVIDE THAT BEGINNING WITH THE 2022-2023 SCHOOL YEAR, PUBLIC SCHOOL DISTRICTS SHALL MAKE ADVANCED PLACEMENT TESTING AND CERTAIN OTHER TESTING AVAILABLE TO HOME SCHOOL STUDENTS RESIDING IN THE DISTRICT IF THE TESTS ARE MADE AVAILABLE TO STUDENTS ATTENDING PUBLIC SCHOOLS IN THE DISTRICTS, AND TO PROVIDE RELATED DUTIES OF SCHOOL BOARDS AND THE STATE DEPARTMENT OF EDUCATION.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3164 (Word version) (COUNCIL\WAB\3164C001. RT.WAB21), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-63-105(A) and inserting:
/ Section 59-63-105. (A) Beginning with the 2022-2023 School Year, each public school district shall make the following tests available to students receiving home instruction pursuant to Sections 59-65-40, 59-65-45, and 59-65-47 if the test is made available to students attending public schools in the district:
(1) Advanced Placement testing;
(2) Preliminary Scholastic Aptitude Test/National Merit Scholarship Qualifying test;
(3) Pre-ACT test; and
(4) College and career readiness assessments and summative assessments as administered pursuant to Section 59-18-325. /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER spoke in favor of 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 Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Erickson Felder Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson K. O. Johnson Jones Jordan Kimmons King Ligon Long Lowe Lucas Magnuson McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Parks Pendarvis Pope Robinson Rose Sandifer Simrill G. R. Smith M. M. Smith Stringer Taylor Tedder Thayer Trantham Weeks West Wetmore White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
Wheeler
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3899 (Word version) -- Reps. Elliott, G. R. Smith, Erickson, Herbkersman, Daning, Taylor, Hixon, Bennett, Willis, Bannister, Morgan, Stringer, Haddon, Burns, B. Cox, Huggins, B. Newton, Fry and McGarry: A BILL TO AMEND SECTION 12-6-3790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONAL NEEDS CHILD TAX CREDIT, SO AS TO PROVIDE HOW THE PROCEEDS OF THE FUND MUST BE ADMINISTERED, TO INCREASE THE AMOUNT THE PUBLIC CHARITY MAY EXPEND FOR ADMINISTRATION COSTS TO EIGHT PERCENT; TO APPROPRIATE TWELVE MILLION DOLLARS TO THE DEPARTMENT OF EDUCATION SO THE DEPARTMENT MAY MAKE A DONATION OF TWELVE MILLION DOLLARS TO EXCEPTIONAL SC; AND TO REMOVE A PROVISION THAT REQUIRES A SCHOOL TO PROVIDE CERTAIN INDIVIDUAL STUDENT TEST SCORES IN ITS APPLICATION.
The Ways and Means Committee proposed the following Amendment No. 1 to H. 3899 (Word version) (COUNCIL\SA\3899C002.BH.SA21), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 12-6-3790(B) of the 1976 Code, as added by Act 247 of 2018, is amended to read:
"(B)(1) There is created the 'Educational Credit for Exceptional Needs Children's Fund' that is separate and distinct from the state general fund. The fund must be organized as a public charity as defined by the Internal Revenue Code under Section 509(a)(1) through (4) and consist only of contributions made to the fund. The fund may not receive an appropriation of public funds. The fund must receive and hold all contributions intended for it as well as all earnings until disbursed as provided in this section. Monies received in the fund must be used to provide scholarships to exceptional needs children attending eligible schools.
(2) The amounts on deposit in the fund do not constitute public funds and are not the property of the State. Amounts on deposit in the fund may not be commingled with public funds, and the State does not have a claim to or interest in the amounts on deposit. Agreements or contracts entered into by or on behalf of the fund do not constitute a debt or obligation of the State.
(3) The public charity disbursing contributions made to the fund is governed by five directors, two appointed by the Chairman of the House Ways and Means Committee, two appointed by the Chairman of the Senate Finance Committee, and one appointed by the Governor. The directors of the public charity, along with the director of the department, shall designate an executive director of the public charity.
(4) In concert with The public charity directors, the department shall administer the public charity including, but not limited to, the keeping of records, the management of accounts, and disbursement of the grants awarded pursuant to this section. The public charity may expend up to two five percent of the fund for administration and related costs. The department and the public charity may not expend public funds to administer the program. Information contained in or produced from a tax return, document, or magnetically or electronically stored data utilized by the Department of Revenue or the public charity in the exercise of its duties as provided in this section must remain confidential and is exempt from disclosure pursuant to the Freedom of Information Act. Personally identifiable information, as described in the Family Educational Rights and Privacy Act and individual health records, or the medical or wellness needs of children applying for or receiving grants must remain confidential and is not subject to disclosure pursuant to the Freedom of Information Act.
(5) By January fifteenth of each year, the department shall report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor:
(a) the number and total amount of grants issued to eligible schools in each year;
(b) the identity of the school and the amount of the grant for each grant issued to an eligible school in each year;
(c) an itemized and detailed explanation of fees or other revenues obtained from or on behalf of an eligible school;
(d) a copy of a compilation, review, or audit of the fund's financial statements, conducted by a certified public accounting firm; and
(e) the criteria and eligibility requirements for scholarship awards." /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Erickson Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hosey Howard Huggins Hyde Jefferson J. E. Johnson J. L. Johnson Jones Jordan Kimmons King Long Lowe Lucas Magnuson McCabe McCravy McDaniel McGarry McGinnis J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murphy Murray B. Newton W. Newton Nutt Oremus Pendarvis Pope Rose Sandifer Simrill G. R. Smith M. M. Smith Stringer Taylor Tedder Thayer Trantham Weeks West Wetmore White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
K. O. Johnson
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. GILLIARD moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4165 (Word version) -- Reps. McGarry, B. Newton, Yow and Lucas: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR LANCASTER COUNTY SHERIFF BARRY FAILE FOR THIRTY-TWO YEARS OF DISTINGUISHED SERVICE IN SOUTH CAROLINA LAW ENFORCEMENT AND TO EXPRESS DEEP GRATITUDE FOR THAT SACRIFICIAL SERVICE.
The Resolution was adopted.
The following was introduced: H. 4166 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Martin, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Stringer, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JOHN PADGETT, THE LEGISLATIVE LIAISON FOR THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES, UPON THE OCCASION OF HIS RETIREMENT AFTER FIFTEEN YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM MANY YEARS OF ENJOYMENT AND HAPPINESS IN HIS WELL-DESERVED RETIREMENT.
The Resolution was adopted.
The following was introduced: H. 4167 (Word version) -- Reps. Huggins, Felder, 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, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Martin, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Stringer, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KATHRYN ROGERS "KATHY" PADGETT, MANAGER OF THE SOUTH CAROLINA STATE HOUSE TOUR OFFICE, UPON THE OCCASION OF HER RETIREMENT AFTER MORE THAN SIX YEARS OF OUTSTANDING SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4168 (Word version) -- Rep. Simrill: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 12 THROUGH 16, 2021, AS "INDEPENDENT COLLEGES AND UNIVERSITIES WEEK."
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4169 (Word version) -- Reps. Thayer, W. Cox and Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-80 SO AS TO ESTABLISH THAT A DIRECT PRIMARY CARE AGREEMENT IS NOT A CONTRACT OF INSURANCE AND NOT SUBJECT TO REGULATION BY THE DEPARTMENT OF INSURANCE, AND TO DEFINE THE TERM DIRECT PRIMARY CARE AGREEMENT.
Referred to Committee on Labor, Commerce and Industry
H. 4170 (Word version) -- Reps. R. Williams and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-100 SO AS TO PROVIDE THAT THE RESTROOM FACILITIES IN ANY PLACE OF BUSINESS IN THIS STATE OF A RETAILER SELLING TANGIBLE PERSONAL PROPERTY MUST BE AVAILABLE FOR USE BY PURCHASERS OR PROSPECTIVE PURCHASERS ENTERING THIS PLACE OF BUSINESS UPON THEIR REQUEST.
Referred to Committee on Labor, Commerce and Industry
H. 4171 (Word version) -- Reps. R. Williams and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-456 SO AS TO PROVIDE THAT AN EMPLOYEE MAY BE GRANTED BY HIS EMPLOYER A SPECIFIED AMOUNT OF ADDITIONAL PAID LEAVE EACH YEAR FOR THE PURPOSE OF ATTENDING CERTAIN ELEMENTARY AND SECONDARY SCHOOL CONFERENCES OR ACTIVITIES DURING THE EMPLOYEE'S WORK HOURS OR TO ENGAGE IN CERTAIN VOLUNTEER TEACHING ACTIVITIES IN THE SCHOOLS, TO PROVIDE THAT THE EMPLOYERS OF THESE EMPLOYEES ARE ENTITLED TO A SPECIFIED STATE INCOME TAX DEDUCTION FOR THESE ACTIVITIES, AND TO PROVIDE THE PROCEDURES NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Education and Public Works
H. 4172 (Word version) -- Reps. R. Williams and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "HEALTHY STUDENTS ACT"; TO AMEND SECTION 59-10-10, RELATING TO PHYSICAL ACTIVITY STANDARDS FOR ELEMENTARY SCHOOL STUDENTS, SO AS TO REQUIRE NINETY MINUTES OF WEEKLY PHYSICAL ACTIVITY FOR MIDDLE SCHOOL AND HIGH SCHOOL STUDENTS, TO INCLUDE SECOND GRADE STUDENTS AMONG THOSE WHOSE FITNESS STATUSES MUST BE REPORTED, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROVIDE A SUMMARY REPORT OF THE FITNESS STATUS OF STUDENTS IN CERTAIN GRADES IN EACH SCHOOL DISTRICT, AND TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 59-10-310, RELATING TO ELEMENTARY SCHOOL MEAL AND COMPETITIVE FOOD NUTRITIONAL REQUIREMENTS, SO AS TO REMOVE RESTRICTIONS OF APPLICATION TO THE SCHOOL YEAR; TO AMEND SECTION 59-10-330, RELATING TO RESTRICTIONS ON ELEMENTARY SCHOOL VENDING SALES AND OTHER SALES OF FOOD AND BEVERAGES OF MINIMAL NUTRITIONAL VALUE, SO AS TO DELETE OBSOLETE LANGUAGE; AND TO REPEAL SECTION 59-10-340 RELATING TO SNACKS IN SCHOOL VENDING MACHINES.
Referred to Committee on Education and Public Works
H. 4173 (Word version) -- Reps. R. Williams and Gilliard: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDOOR PLACES WHERE SMOKING IS PROHIBITED, SO AS TO ADD MOTOR VEHICLES OWNED OR LEASED BY STATE OR LOCAL GOVERNMENT OR BY SCHOOL DISTRICTS.
Referred to Committee on Judiciary
H. 4174 (Word version) -- Reps. R. Williams and Gilliard: A BILL TO AMEND SECTION 44-53-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO ADD CERTAIN SYNTHETIC CANNABINOID AND CATHINONE COMPOUNDS AS SCHEDULE I CONTROLLED SUBSTANCES.
Referred to Committee on Judiciary
H. 4175 (Word version) -- Reps. Bailey, Gilliam, Pope, McCravy, Rose, Bernstein, Hewitt, Hardee, Bamberg, Brittain, Gagnon, Jordan, Sandifer and G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-190 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE FOR A CONTRACTING PARTY TO REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER STATE IN DISPUTES ARISING FROM THE PERFORMANCE OF THE CONTRACT.
Referred to Committee on Judiciary
H. 4176 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 2-47-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT IMPROVEMENT PROJECTS, SO AS TO ADJUST CERTAIN COST REQUIREMENTS TO QUALIFY AS A PERMANENT IMPROVEMENT PROJECT AT A PUBLIC INSTITUTION OF HIGHER LEARNING.
Referred to Committee on Education and Public Works
H. 4177 (Word version) -- Rep. Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-190 SO AS TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO HIRE A WATERFOWL PROGRAM MANAGER WITHIN THE WILDLIFE AND FRESHWATER FISHERIES DIVISION, TO PROVIDE CERTAIN DUTIES AND RESPONSIBILITIES FOR THE POSITION; BY ADDING SECTION 50-9-930 SO AS TO ESTABLISH THE WATERFOWL ADVISORY COMMITTEE TO ASSIST IN THE DEVELOPMENT, PROTECTION, AND PROPAGATION OF NATIVE WATERFOWL IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; TO AMEND SECTION 50-9-510, AS AMENDED, RELATING TO MIGRATORY WATERFOWL PERMITS, SO AS TO INCREASE THE FEES FOR MIGRATORY WATERFOWL PERMITS; TO AMEND SECTION 50-9-920, AS AMENDED, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, SO AS TO PROVIDE FOR CERTAIN EXPENDITURES FROM THE REVENUES OF RESIDENT AND NONRESIDENT MIGRATORY WATERFOWL PERMITS; AND TO PROVIDE THAT SECTIONS 3 AND 4 OF THIS ACT ARE REPEALED ON JANUARY 1, 2027.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4178 (Word version) -- Reps. Bannister and Herbkersman: A BILL TO AMEND SECTION 6-29-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL PLANNING COMMISSION SUBMISSIONS, RECORDS, AND APPEALS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ONLY THE PROPERTY OWNER OR OWNERS MAY APPEAL STAFF ACTION OR PLANNING COMMISSION DECISIONS TO APPROVE LAND DEVELOPMENT PLANS.
Referred to Committee on Judiciary
H. 4179 (Word version) -- Rep. West: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 47, TITLE 40 SO AS TO TRANSFER REGULATORY AUTHORITY OF ATHLETIC TRAINERS TO THE BOARD OF MEDICAL EXAMINERS; AND TO REPEAL CHAPTER 75, TITLE 44 RELATING TO THE REGULATION OF ATHLETIC TRAINERS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Labor, Commerce and Industry
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.
Referred to Committee on Ways and Means
Rep. ALLISON asked unanimous consent to recall S. 704 (Word version) from the Committee on Education and Public Works.
Rep. BRAWLEY objected.
On motion of Rep. SANDIFER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Medical, Military, Public and Municipal Affairs:
H. 4145 (Word version) -- Reps. Calhoon and Wooten: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-266 SO AS TO ESTABLISH MINIMUM STAFFING REQUIREMENTS FOR COMMUNITY RESIDENTIAL CARE FACILITIES; AND BY ADDING SECTION 44-7-305 SO AS TO REQUIRE ASSISTED LIVING CENTERS AND OTHER COMMUNITY RESIDENTIAL CARE FACILITIES TO INSTALL, OPERATE, AND MAINTAIN VIDEO MONITORING EQUIPMENT AT EVERY FACILITY ENTRANCE, EXIT, AND COMMON AREA FOR THE PURPOSE OF CONTINUOUS MONITORING AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A SYSTEM FOR MAINTAINING RECORDED IMAGES.
The motion period was dispensed with on motion of Rep. FELDER.
The following Bill was taken up:
H. 3755 (Word version) -- Reps. Murphy, Bryant, Pope, Yow, Simrill, Hardee, Trantham, Oremus, W. Newton, Ligon, Bennett, Fry, Bannister, Carter, Caskey, Forrest, Hixon, Kimmons, McGarry, V. S. Moss, G. M. Smith, Taylor, Thayer, McCabe, Dabney, B. Newton, Elliott, Atkinson and Huggins: A BILL TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE 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 DIRECTOR OF THE DEPARTMENT OF CORRECTIONS 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. MURPHY moved to adjourn debate on the Bill until Tuesday, April 13, which was agreed to.
Rep. BERNSTEIN moved that the House do now adjourn, which was agreed to.
At 3:23 p.m. the House, in accordance with the motion of Rep. ATKINSON, adjourned in memory of Mary Ann Elvington, to meet at 10:00 a.m. tomorrow.
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