NO. 18
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________
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 John 9:38: "He said, 'Lord, I believe,' and he worshiped him."
Let us pray. We give thanks Heavenly Father for this time together to do the work for the people of South Carolina. Help us to spread Your love, O Lord even when we cannot see the results of our words and actions today. Bless and protect our defenders of freedom and first responders. Look in favor upon our World, Nation, President, State, Governor, Speaker, Staff, and all who give of themselves to the service of this State. Continue Your protection on our service members as they protect us. 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.
The House stood in silent prayer for Ron Henegan, husband of Representative Henegan.
The House stood in silent prayer for Don Robbins, uncle of Representative Robbins.
Rep. W. JONES made a statement relative to Lottie Gibson's contributions to South Carolina.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 4957 (Word version) -- Reps. Hiott, Erickson, G. M. Smith, Hayes, McGinnis, Rose, Elliott, Alexander, Schuessler, Calhoon, M. M. Smith, Davis, T. Moore, B. Newton, Neese, Oremus, Hixon and Taylor: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-158-10, RELATING TO DEFINITIONS CONCERNING INTERCOLLEGIATE ATHLETES' COMPENSATION FOR NAME, IMAGE, OR LIKENESS, SO AS TO REVISE SEVERAL DEFINITIONS; BY AMENDING SECTION 59-158-20, RELATING TO THE AUTHORIZATION OF COMPENSATION FOR USE OF AN INTERCOLLEGIATE ATHLETE'S NAME, IMAGE, OR LIKENESS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE INSTITUTIONS OF HIGHER LEARNING AND CERTAIN AGENTS OF THE INSTITUTIONS MAY ENGAGE IN CERTAIN ACTIONS THAT MAY ENABLE INTERCOLLEGIATE ATHLETES TO EARN COMPENSATION FOR USE OF THE NAME, IMAGE, OR LIKENESS OF THE ATHLETE, AND TO PROVIDE THE INSTITUTIONS ALSO MAY PERMIT INTERCOLLEGIATE ATHLETES TO USE TRADEMARKS AND FACILITIES OF THE INSTITUTION, AMONG OTHER THINGS; BY AMENDING SECTION 59-158-30, RELATING TO THE AFFECTS OF NAME, IMAGE, AND LIKENESS COMPENSATION ON GRANT-IN-AID OR ATHLETIC ELIGIBILITY, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE NAME, IMAGE, OR LIKENESS CONTRACTS MAY NOT EXTEND BEYOND THE INTERCOLLEGIATE ATHLETE'S ELIGIBILITY TO PARTICIPATE IN AN INTERCOLLEGIATE ATHLETICS PROGRAM AT AN INSTITUTION OF HIGHER LEARNING; BY AMENDING SECTION 59-158-40, RELATING TO ALLOWED AND PROHIBITED ACTIONS CONCERNING INTERCOLLEGIATE ATHLETES NAME, IMAGE, AND LIKENESS-RELATED MATTERS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE LIMITATIONS ON LIABILITY FOR INSTITUTION OF HIGHER LEARNING EMPLOYEES FOR DAMAGES RESULTING FROM CERTAIN ROUTINE DECISIONS MADE IN INTERCOLLEGIATE ATHLETICS, AND TO PROHIBIT CERTAIN CONDUCT BY ATHLETIC ASSOCIATIONS, ATHLETIC CONFERENCES, OR OTHER GROUPS WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETIC PROGRAMS AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY AMENDING SECTION 59-158-50, RELATING TO GOOD ACADEMIC STANDING REQUIRED FOR PARTICIPATION IN NAME, IMAGE, AND LICENSE ACTIVITIES, SO AS TO DELETE EXISTING PROVISIONS AND PROVIDE CERTAIN MATTERS CONCERNING NAME, IMAGE, AND LICENSING AGREEMENTS MAY NOT BE CONSIDERED PUBLIC RECORDS SUBJECT TO AN EXCEPTION AND MAY NOT BE DISCLOSED TO CERTAIN ENTITIES; BY AMENDING SECTION 59-158-60, RELATING TO DISCLOSURE OF NAME, IMAGE, OR LIKENESS CONTRACTS AND THIRD-PARTY ADMINISTRATORS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE FOR THE RESOLUTION OF CONFLICTS BETWEEN CERTAIN PROVISIONS OF THIS ACT AND PROVISIONS IN THE UNIFORM ATHLETE AGENTS ACT OF 2018, AND TO PROVIDE ATHLETE AGENTS SHALL COMPLY WITH CERTAIN FEDERAL REQUIREMENTS; BY AMENDING SECTION 59-102-20, RELATING TO DEFINITIONS IN THE UNIFORM ATHLETE AGENTS ACT OF 2018, SO AS TO REVISE THE DEFINITION OF "ATHLETE AGENT"; BY AMENDING SECTION 59-102-100, RELATING TO AGENCY CONTRACTS, SO AS TO REMOVE A PROVISION CONCERNING COMPENSATION; BY REPEALING SECTION 59-158-70 RELATING TO DISCLOSURES AND LIMITATIONS IN NAME, IMAGE, OR LIKENESS CONTRACTS AND REVOCATION PERIODS FOR SUCH CONTRACTS; AND BY REPEALING SECTION 59-158-80 RELATING TO GOVERNING LAW AND FEDERAL COMPLIANCE CONTRACTS.
Ordered for consideration tomorrow.
The following was introduced: H. 5047 (Word version) -- Reps. Rose, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR STAN SMITH, DEPUTY CHIEF OF INVESTIGATIONS OF THE RICHLAND COUNTY SHERIFF'S DEPARTMENT, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-SEVEN YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5048 (Word version) -- Rep. McDaniel: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF VASHTI ERNESTINE YOUNG "V.E." O'NEAL OF FAIRFIELD COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.
The Resolution was adopted.
The following was introduced: H. 5049 (Word version) -- Reps. Howard, Bernstein, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CELEBRATE THE CARDINAL NEWMAN SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A LUMINOUS SEASON AND TO CONGRATULATE THEM ON CAPTURING THE 2024 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION DUALS STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5050 (Word version) -- Rep. Erickson: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 7, 2024, AS "ADVANCED PLACEMENT DAY" AT THE STATE HOUSE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5051 (Word version) -- Reps. Bauer, Bernstein, Cobb-Hunter, Pendarvis, Ott, Williams, King, Gagnon, Rivers, Hosey, Rose and McDaniel: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 2-1-260 SO AS TO CREATE THE CONGRESSIONAL FUND APPROVAL COMMITTEE TO DETERMINE WHICH FEDERAL FUNDS ARE AVAILABLE TO THIS STATE AND TO MAKE RECOMMENDATIONS.
Referred to Committee on Ways and Means
H. 5052 (Word version) -- Reps. A. M. Morgan, Elliott, May, B. J. Cox, Kilmartin, Guest, McCabe, O'Neal, Burns, S. Jones, Beach, Long, Pace, Gilliam, Cromer, White, M. M. Smith, Chumley, Crawford, Vaughan, McCravy, Leber and Oremus: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT ALL ELECTED MEMBERS OF THE BOARDS OF TRUSTEES FOR SCHOOL DISTRICTS OF THIS STATE MUST BE ELECTED IN PARTISAN ELECTIONS, TO PROVIDE FILING METHODS AND DEADLINES FOR CANDIDATES SEEKING ELECTION TO SUCH OFFICES, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION CONTROL IN THE EVENT OF A CONFLICT WITH THE LOCAL LAW PROVISIONS OF A SCHOOL DISTRICT.
Referred to Committee on Judiciary
S. 305 (Word version) -- Senators Young, M. Johnson, Kimbrell, Turner, Fanning, Climer, Stephens, Rankin, Loftis, Garrett, Matthews, Adams, Gustafson and Sabb: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-25-60 SO AS TO PROVIDE THAT AN INDIVIDUAL'S PRIOR WORK EXPERIENCE MAY BE AWARDED ON AN INITIAL TEACHING CERTIFICATE IF THE PRIOR EXPERIENCE IS IN OR RELATED TO THE CONTENT FIELD OF THE CERTIFICATE, AND TO PROVIDE THAT EXISTING CERTIFICATE HOLDERS MAY ALSO RECEIVE THE SAME CREDIT FOR PRIOR WORK EXPERIENCE.
Referred to Committee on Education and Public Works
S. 778 (Word version) -- Senator Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING TITLE 40, CHAPTER 63, ARTICLE 5, SO AS TO CREATE THE SOCIAL WORK MEMBER STATE COMPACT, OUTLINE THE RULES OF THE COMPACT, AND DEFINE NECESSARY TERMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire Williams Willis Wooten Yow
The SPEAKER granted Rep. HENEGAN a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. MAGNUSON a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. TRANTHAM a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. WETMORE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
Announcement was made that Dr. Jennifer Root of Lexington was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3742 (Word version)
Date: ADD:
02/07/24 J. E. JOHNSON, CARTER, HADDON, FELDER, CALHOON, ELLIOTT, HERBKERSMAN and BRITTAIN
Bill Number: H. 3784 (Word version)
Date: ADD:
02/07/24 CLYBURN, HOSEY, KING and WILLIAMS
Bill Number: H. 3895 (Word version)
Date: ADD:
02/07/24 OREMUS, BLACKWELL, GUFFEY, JEFFERSON, LEBER, MAY, WILLIS, GUEST, WILLIAMS, HADDON, WHITE, BRITTAIN, T. MOORE and KILMARTIN
Bill Number: H. 4231 (Word version)
Date: ADD:
02/07/24 LEBER
Bill Number: H. 4625 (Word version)
Date: ADD:
02/07/24 BLACKWELL, OREMUS, FELDER, O'NEAL, GUFFEY, LOWE, JORDAN, LIGON, BUSTOS, LEBER and LANDING
Bill Number: H. 4626 (Word version)
Date: ADD:
02/07/24 BLACKWELL, OREMUS, FELDER, LOWE, JORDAN, LIGON, BUSTOS, LEBER and LANDING
Bill Number: H. 4628 (Word version)
Date: ADD:
02/07/24 J. L. JOHNSON, HOSEY and CLYBURN
Bill Number: H. 4635 (Word version)
Date: ADD:
02/07/24 GUFFEY
Bill Number: H. 4710 (Word version)
Date: ADD:
02/07/24 BLACKWELL
Bill Number: H. 4716 (Word version)
Date: ADD:
02/07/24 HOSEY and CLYBURN
Bill Number: H. 4719 (Word version)
Date: ADD:
02/07/24 J. L. JOHNSON, HOSEY, CLYBURN and PENDARVIS
Bill Number: H. 4957 (Word version)
Date: ADD:
02/07/24 SCHUESSLER, CALHOON, M. M. SMITH, DAVIS, T. MOORE, B. NEWTON, NEESE, OREMUS, HIXON and TAYLOR
Bill Number: H. 4958 (Word version)
Date: ADD:
02/07/24 FELDER and BERNSTEIN
Bill Number: H. 5012 (Word version)
Date: ADD:
02/07/24 HAGER, SANDIFER and ROBBINS
Bill Number: H. 5017 (Word version)
Date: ADD:
02/07/24 KILMARTIN
Bill Number: H. 5022 (Word version)
Date: ADD:
02/07/24 B. NEWTON
Bill Number: H. 5023 (Word version)
Date: ADD:
02/07/24 J. L. JOHNSON, PEDALINO and B. NEWTON
The following Bill was taken up:
H. 4876 (Word version) -- Reps. Jefferson, Cobb-Hunter, Robbins, Gatch, Murphy and Brewer: A BILL TO CHANGE THE CANDIDATE FILING METHOD FOR THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 FROM THE PETITION METHOD TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY WITH THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3992 (Word version) -- Reps. Blackwell, McGinnis, Sandifer, Ligon, Cromer, Magnuson, White, Pace and Burns: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-31-60, RELATING TO DELINQUENT UNEMPLOYMENT COMPENSATION TAX RATES, SO AS TO PERMIT EMPLOYERS WITH INSTALLMENT PAYMENT AGREEMENTS APPROVED BY THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE TO PAY THE TAX AT A REDUCED RATE, AND TO PROVIDE FOR THE AUTOMATIC REVERSION OF THIS RATE UPON FAILURE TO TIMELY COMPLY WITH THE PAYMENT AGREEMENT.
H. 4869 (Word version) -- Reps. Sandifer, Hardee, Ligon and Jefferson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-3-150, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEES TO CONDUCT EXAMINATIONS, INVESTIGATIONS, AND HEARINGS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF SUCH INVESTIGATIONS; BY AMENDING SECTION 38-9-200, RELATING TO CONDITIONS FOR ALLOWING REINSURANCE CREDITS, SO AS TO REVISE CERTAIN CONDITIONS; BY AMENDING SECTION 38-13-10, RELATING TO INSURER EXAMINATIONS, SO AS TO PROVIDE SUCH EXAMINATIONS ARE FINANCIAL EXAMINATIONS, TO APPLY THE PROVISIONS TO HEALTH MAINTENANCE ORGANIZATIONS AND OTHER LICENSEES OF THE DEPARTMENT, TO PROVIDE MARKET CONDUCT EXAMINATIONS, AND TO REMOVE OBSOLETE PROVISIONS, AMONG OTHER THINGS; BY AMENDING SECTION 38-13-70, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DIRECTOR OR HIS DESIGNEES MAY CONDUCT INVESTIGATIONS, TO PROVIDE FOR THE CONFIDENTIALITY OF INVESTIGATIONS, AND TO PROVIDE FINAL ORDERS DISCIPLINING LICENSEES ARE PUBLIC INFORMATION, AMONG OTHER THINGS; AND BY AMENDING SECTION 38-57-130, RELATING TO INSURANCE TRADE PRACTICES, SO AS TO PROVIDE REVISED EXEMPTIONS FROM PROVISIONS PROHIBITING MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN INSURANCE CONTRACTS.
H. 3278 (Word version) -- Reps. West, Ligon and Sandifer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 40-60-30, 40-60-31, AND 40-60-33, ALL RELATING TO REAL ESTATE APPRAISER LICENSURE REQUIREMENTS, SO AS TO MODIFY EXEMPTIONS, REVISE AND PROVIDE EDUCATION REQUIREMENTS AND ACCEPTABLE EQUIVALENCIES FOR APPRENTICE APPRAISERS; AND TO REVISE REQUIREMENTS AND QUALIFICATIONS FOR LICENSED MASS APPRAISERS; BY AMENDING SECTION 40-60-34, RELATING TO REQUIREMENTS RELATING TO APPRENTICE APPRAISERS AND APPRAISER SUPERVISING APPRENTICES, SO AS TO REVISE REQUIREMENTS; BY AMENDING SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO IMPOSE REPORTING REQUIREMENTS UPON LICENSEES; BY ADDING SECTION 40-60-36 SO AS TO IMPOSE REPORTING REQUIREMENTS UPON PROVIDERS; BY AMENDING SECTION 40-60-37, RELATING TO RECIPROCAL APPLICATIONS FROM APPRAISERS FROM OTHER JURISDICTIONS, SO AS TO MAKE A TECHNICAL CORRECTION; BY AMENDING SECTION 40-60-40, RELATING TO REQUIRED APPRAISER CONTACT INFORMATION, SO AS TO INCLUDE EMAIL ADDRESSES OF LICENSEES; BY AMENDING SECTION 40-60-320, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF APPRAISAL PANEL; BY AMENDING SECTION 40-60-330, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO REVISE REQUIREMENTS CONCERNING CERTAIN FINANCIAL INFORMATION; BY AMENDING SECTION 40-60-360, RELATING TO PROMULGATION OF REGULATIONS, SO AS TO SPECIFY REQUIRED REGULATIONS; BY AMENDING SECTION 40-60-420, RELATING TO RECORD-KEEPING REQUIREMENTS FOR REGISTRATION RENEWAL, SO AS TO REVISE REQUIREMENTS CONCERNING RECORDS THAT APPRAISAL MANAGEMENT COMPANIES MUST PROVIDE; AND BY AMENDING SECTION 40-60-450, RELATING TO COMPENSATION, SO AS TO CLARIFY THE APPLICABLE GOVERNING FEDERAL REGULATIONS.
H. 4376 (Word version) -- Reps. B. J. Cox, M. M. Smith, Caskey, T. Moore, Wooten, J. L. Johnson, Davis, Sessions, Guffey, Ligon, O'Neal, Pope, Hart and J. Moore: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 25-12-10, 25-12-30, AND 25-12-50, ALL RELATING TO THE DISPOSAL OF UNCLAIMED HUMAN REMAINS OF A DECEASED VETERAN, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 12, TITLE 25 ALSO APPLY TO THE DISPOSAL OF UNCLAIMED HUMAN REMAINS OF A DECEASED VETERAN AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 12, TITLE 25 ARE MANDATORY UNDER CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 17-5-590, RELATING TO THE DISPOSITION OF REMAINS OF UNIDENTIFIED DEAD BODIES, SO AS TO REQUIRE CORONERS TO RELEASE CERTAIN HUMAN REMAINS THAT HAVE BEEN DETERMINED TO BE THOSE OF AN UNCLAIMED DECEASED VETERAN TO A FUNERAL HOME, FUNERAL ESTABLISHMENT, OR MORTUARY FOR DISPOSITION PURSUANT TO CHAPTER 12, TITLE 25.
H. 4928 (Word version) -- Reps. Davis, B. J. Cox, Hart, Jefferson, J. Moore, Caskey and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-21-10, RELATING TO THE ESTABLISHMENT OF VETERANS' TRUST FUND, SO AS TO PROVIDE FOR FUNDRAISING; AND BY AMENDING SECTION 25-21-30, RELATING TO THE DUTIES AND FUNCTIONS OF THE VETERANS' TRUST FUND BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE ABILITY TO FUNDRAISE.
H. 5008 (Word version) -- Rep. W. Newton: A BILL TO ADOPT REVISED CODE VOLUME 17A OF THE SOUTH CAROLINA CODE OF LAWS, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2024.
H. 5015 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-7-68, RELATING TO FORMAT OF THE GENERAL APPROPRIATIONS BILL, SO AS TO PROVIDE NEW PROVISOS TO BE UNDERLINED INSTEAD OF ITALICIZED.
The following Bill was taken up:
S. 245 (Word version) -- Senators Kimbrell and Hembree: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-17-170 SO AS TO PROVIDE THAT A PERSON WITH CERTAIN CRIMINAL CONVICTIONS IS PROHIBITED FROM SERVING AS THE TREASURER OF A BOOSTER CLUB, TO PROVIDE THAT EACH BOOSTER CLUB WITHIN A SCHOOL DISTRICT SHALL ANNUALLY REGISTER WITH THE SCHOOL BOARD, TO PROVIDE THAT THE SCHOOL BOARD MUST RUN A CRIMINAL BACKGROUND CHECK TO DETERMINE IF THE TREASURER OF A BOOSTER CLUB IS PROHIBITED FROM SERVING IN THAT ROLE DUE TO A CRIMINAL CONVICTION, AND TO DEFINE NECESSARY TERMS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to S. 245 (Word version) (LC-245.WAB0005H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-17-170(C)(1) and inserting:
(C)(1) Each booster club within a school district or affiliated with a charter school must annually register with the school district board of trustees or charter school authorizer no later than August first. The registration shall include the name of the booster club, its purpose, the name of each of the booster club's officers, including its designated financial officer, and other information required by the school district board of trustees or charter school authorizer. A booster club may be required by the school district board of trustees or charter school authorizer to submit an accounting compilation or review. A school district board of trustees or charter school authorizer may not require an external audit from a booster club except for a finding of specific cause determined by a majority vote of the board members or other governing body.
Amend the bill further, SECTION 1, by striking Section 59-17-170(D)(1) and (2) and inserting:
(D)(1) Upon the receipt of a booster club's registration, a school district board of trustees or charter school authorizer shall request a state criminal records check, including fingerprints, from the South Carolina Law Enforcement Division of the financial officer. The school district board of trustees or charter school authorizer shall immediately notify a booster club if the criminal records check reveals that its financial officer is prohibited from serving in that role for the booster club pursuant to subsection (B).
(2) A school district board of trustees or charter school authorizer may charge a fee to offset the costs associated with the state criminal records check.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. Yow proposed the following Amendment No. 2 to S. 245 (Word version) (LC-245.WAB0007H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-17-170(D)(1) and (2) and inserting:
(D) Upon the receipt of a booster club's registration, a school district board of trustees may request a state criminal records check, including fingerprints, from the South Carolina Law Enforcement Division of the financial officer. The school district board of trustees shall immediately notify a booster club if the criminal records check reveals that its financial officer is prohibited from serving in that role for the booster club pursuant to subsection (B).
Renumber sections to conform.
Amend title to conform.
Rep. YOW explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCravy McDaniel McGinnis Mitchell J. Moore T. Moore T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4832 (Word version) -- Reps. Hardee, Sandifer, Anderson, Ligon and Schuessler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PAID FAMILY LEAVE INSURANCE ACT" BY ADDING CHAPTER 103 TO TITLE 38 SO AS TO DEFINE TERMS, ESTABLISH FAMILY LEAVE BENEFITS, OUTLINE REQUIREMENTS OF FAMILY LEAVE INSURANCE POLICIES, AND TO PROVIDE EXCLUSIONS, AMONG OTHER THINGS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4832 (Word version) (LC-4832.PH0003H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 38-103-90. The department shall provide an annual report to the legislature and the public beginning on January 1, 2025, and each year thereafter, with information regarding the utilization of family leave insurance as authorized in this section, including:
(1) the number of insurers in the State who are currently offering family leave insurance;
(2) the total number of employers in the State who have purchased family leave insurance; and
(3) a breakdown of which employers in the State have purchased family leave insurance by industry and employer size.
Renumber sections to conform.
Amend title to conform.
Rep. HARDEE 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 Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Hager Hardee Hart Hartnett Hayes Henderson-Myers Herbkersman Hewitt Hixon Hosey Hyde Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCravy McDaniel McGinnis Mitchell J. Moore T. Moore T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire 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 Senate Amendments to the following Bill were taken up for consideration:
H. 3594 (Word version) -- Reps. B.J. Cox, G.M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A.M. Morgan, T.A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M.M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B.L. Cox, Vaughan, White, Collins, J.E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
Rep. B. J. COX 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. FORREST.
The SPEAKER granted Rep. ERICKSON a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3608 (Word version) -- Reps. Hixon, Bailey and Brittain: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-39-260, RELATING TO RECORDS OF SALES OR CONVEYANCES AND RESULTING CHANGES IN DUPLICATES AND ENDORSEMENT OF DEEDS BY AUDITORS, SO AS TO PROVIDE GUIDELINES FOR THE RECORDS OF COUNTY REAL PROPERTY SALES AND TO REMOVE COUNTY AUDITOR FEES; BY AMENDING SECTION 30-5-120, RELATING TO THE VALIDATION OF CERTAIN CONVEYANCES NOT ENDORSED BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT ANY CONVEYANCE MEETING THE STATUTORY PREREQUISITES FOR RECORDING ARE VALID AND BINDING; BY REPEALING SECTION 30-5-80 RELATING TO THE REQUIREMENT OF THE AUDITOR'S ENDORSEMENT BEFORE THE RECORDATION OF DEEDS; AND BY REPEALING SECTION 8-21-130 RELATING TO FEES COLLECTED BY COUNTY AUDITORS FOR AN ENDORSEMENT ON A DEED.
Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4231 (Word version) -- Reps. M. M. Smith, Davis, Bernstein, Guest, Brittain, Henegan, B. Newton, Carter, B. L. Cox, Bannister, Herbkersman, Robbins, Schuessler, Hart and Leber: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-6-1155, RELATING TO MICRO-DISTILLERIES, SO AS TO PROVIDE THAT A MICRO-DISTILLERY MAY SELL CERTAIN LIQUORS DISTILLED ON THE PREMISES ON SUNDAYS; AND BY AMENDING SECTION 61-6-4160, RELATING TO THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON CERTAIN DAYS, SO AS TO PROVIDE THAT CERTAIN LOCAL GOVERNING BODIES MAY AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS ON SUNDAYS UNDER CERTAIN CIRCUMSTANCES.
Rep. ELLIOTT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4364 (Word version) -- Reps. W. Newton, Davis, Rutherford, Bernstein, M. M. Smith, Ott, Brittain, Guest, Hewitt, Elliott, Stavrinakis, Bradley, Wooten, Murphy, Herbkersman, Leber, Sessions, Caskey, Rose, Mitchell, Brewer, Guffey, Hardee, Collins, Gatch, B. Newton, Pace, Bauer, Bailey, Erickson, Schuessler and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-2-170, RELATING TO DRIVE-THROUGH OR CURBSIDE SERVICE OF ALCOHOLIC BEVERAGES, SO AS TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION 61-4-45 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; BY ADDING SECTION 61-4-280 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN BEER AND WINE AND TO PROVIDE FOR REQUIREMENTS; BY ADDING SECTION 61-6-1570 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; AND BY ADDING SECTION 61-6-1580 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN ALCOHOLIC LIQUORS AND TO PROVIDE FOR REQUIREMENTS.
Rep. ELLIOTT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4710 (Word version) -- Reps. West, G. M. Smith, Bannister, Davis, Guest, Forrest, Hewitt, M. M. Smith, Long, B. Newton, Thayer, Hager, Leber, Mitchell, Brittain, Gatch, Hixon, Pope, Chapman, Murphy, Brewer, Robbins, Caskey, T. Moore, Hardee, Erickson, Bradley and Blackwell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-35-50, RELATING TO MAXIMUM UNEMPLOYMENT INSURANCE BENEFITS ALLOWED, SO AS TO SET THE DURATION OF UNEMPLOYMENT BENEFITS BASED ON SEASONAL ADJUSTED STATEWIDE UNEMPLOYMENT RATES.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4710 (Word version) (LC-4710.WAB0006H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 41-35-50(2)(A) and inserting:
(A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of January, February, and March apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and not the rate as revised in the annual benchmark.
Seasonally Adjusted Unemployment Rate Number of Weeks
Less than or equal to 5.5% 12 weeks
Greater than 5.5% up to 6% 13 weeks
Greater than 6% up to 6.5% 14 weeks
Greater than 6.5% up to 7% 15 weeks
Greater than 7% up to 7.5% 16 weeks
Greater than 7.5% up to 8% 17 weeks
Greater than 8% up to 8.5% 18 weeks
Greater than 8.5% up to 9% 19 weeks
Greater than 9% 20 weeks
Amend the bill further, SECTION 10001, by striking Section 41-35-120(2) and inserting:
(2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty weeksmaximum duration of benefits applicable to the claim, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twentythe maximum duration of benefits applicable to the claim. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.
(b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeksone week less than the maximum duration of benefits applicable to the claim, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect upon approval by the Governor and is applicable for unemployment insurance claims with an effective date on or after October 1, 2024.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
Rep. CASKEY moved to table the amendment, which was agreed to.
Rep. Caskey proposed the following Amendment No. 2 to H. 4710 (Word version) (LC-4710.WAB0008H):
Amend the bill, as and if amended, SECTION 1, by striking Section 41-35-50(A) and inserting:
(A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of January, February, and March apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and not the rate as revised in the annual benchmark.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 41-35-120(2) of the S.C. Code is amended to read:
(2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty weeksmaximum duration of benefits applicable to the claim, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twentythe maximum duration of benefits applicable to the claim. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.
(b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeksone week less than the maximum duration of benefits applicable to the claim, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect upon approval by the Governor and is applicable for unemployment insurance claims with an effective date on or after October 1, 2024.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
Rep. CASKEY spoke in favor of the amendment.
Rep. HART spoke against the amendment.
Rep. HART spoke against the amendment.
Rep. BAMBERG spoke against the amendment.
Further proceedings were interrupted by the SPEAKER addressing the House pursuant to Rule 1.6.
Pursuant to House Rule 1.6, the SPEAKER addresses the body concerning a matter of importance to the House.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2:
H. 4710 (Word version) -- Reps. West, G. M. Smith, Bannister, Davis, Guest, Forrest, Hewitt, M. M. Smith, Long, B. Newton, Thayer, Hager, Leber, Mitchell, Brittain, Gatch, Hixon, Pope, Chapman, Murphy, Brewer, Robbins, Caskey, T. Moore, Hardee, Erickson, Bradley and Blackwell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-35-50, RELATING TO MAXIMUM UNEMPLOYMENT INSURANCE BENEFITS ALLOWED, SO AS TO SET THE DURATION OF UNEMPLOYMENT BENEFITS BASED ON SEASONAL ADJUSTED STATEWIDE UNEMPLOYMENT RATES.
Rep. Caskey proposed the following Amendment No. 2 to H. 4710 (Word version) (LC-4710.WAB0008H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 41-35-50(A) and inserting:
(A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of January, February, and March apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and not the rate as revised in the annual benchmark.
Seasonally Unemployment Rate Number of Weeks
Less than or equal to 5.5% 12 weeks
Greater than 5.5% up to 6% 13 weeks
Greater than 6% up to 6.5% 14 weeks
Greater than 6.5% up to 7% 15 weeks
Greater than 7% up to 7.5% 16 weeks
Greater than 7.5% up to 8% 17 weeks
Greater than 8% up to 8.5% 18 weeks
Greater than 8.5% up to 9% 19 weeks
Greater than 9% 20 weeks
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 41-35-120(2) of the S.C. Code is amended to read:
(2)(a) Discharge for misconduct connected with the employment. If the department finds that he has been discharged for misconduct connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, with ineligibility beginning with the effective date of the request, and continuing for the next twenty weeksmaximum duration of benefits applicable to the claim, in addition to the waiting period, with a corresponding and mandatory reduction of the insured worker's benefits to be calculated by multiplying his weekly benefit amount by twentythe maximum duration of benefits applicable to the claim. For the purposes of this item, "misconduct" is limited to conduct evincing such wilful and wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in the carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. No finding of misconduct may be made for discharge resulting from an extreme hardship, emergency, sickness, or other extraordinary circumstance.
(b) If the department finds that he has been discharged for cause, other than misconduct as defined in item (2)(a), connected with his most recent work prior to filing a request for determination of insured status or a request for initiation of a claim series within an established benefit year, then the department must find him partially ineligible. The ineligibility must begin with the effective date of the request, and continuing not less than five nor more than the next nineteen weeksone week less than the maximum duration of benefits applicable to the claim, in addition to the waiting period. A corresponding and mandatory reduction of the insured worker's benefits, to be calculated by multiplying his weekly benefit amount by the number of weeks of his disqualification, must be made. The ineligibility period must be determined by the department in each case according to the seriousness of the cause for discharge. Discharge resulting from substandard performance due to inefficiency, inability, or incapacity shall not serve as a basis for disqualification under either subitem (a) or (b) of this item.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect upon approval by the Governor and is applicable for unemployment insurance claims with an effective date on or after October 1, 2024.
Renumber sections to conform.
Amend title to conform.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henderson-Myers Hosey Howard Jefferson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Thigpen Weeks Wheeler Williams
So, the amendment was adopted.
Rep. Kirby proposed the following Amendment No. 3 to H. 4710 (Word version) (LC-4710.DG0012H), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
SECTION X. Section 41-35-50 of the S.C. Code is amended to read:
Section 41-35-50. The maximum potential benefits of any insured worker in a benefit year are the lesser of:
(1) twenty times his weekly benefit amount;
(2) one-third of his wages for insured work paid during his base period.
If the resulting amount is not a multiple of one dollar, the amount must be reduced to the next lower multiple of one dollar, except that no insured worker may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed "insured work" as defined in Section 41-27-300 and earned wages in the employ of a single employer in an amount equal to not less than eight times the weekly benefit amount established for the individual in the preceding benefit year.(A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of January, February, and March apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rate determined by the U.S. Department of Labor, Bureau of Labor Statistics, and not the rate as revised in the annual benchmark.
(B) The total benefits paid to an individual equals the individual's weekly benefit amount allowed under Section 41-35-40 multiplied by twelve weeks if the seasonally adjusted unemployment rate is less than five percent, or multiplied by twenty weeks if the seasonally adjusted unemployment rate is greater than five percent.
Renumber sections to conform.
Amend title to conform.
Rep. KIRBY explained the amendment.
Rep. KIRBY spoke in favor of the amendment.
Rep. CASKEY spoke against 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:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Hayes Henderson-Myers Hosey Howard Jefferson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Thigpen Weeks Wheeler Williams
So, the amendment was tabled.
Reps. Cobb-Hunter, Kirby, and Rivers proposed the following Amendment No. 4 to H. 4710 (Word version) (LC-4710.DG0013H), which was tabled:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
SECTION X. Section 41-35-50 of the S.C. Code is amended to read:
Section 41-35-50. The maximum potential benefits of any insured worker in a benefit year are the lesser of:
(1) twenty times his weekly benefit amount;
(2) one-third of his wages for insured work paid during his base period.
If the resulting amount is not a multiple of one dollar, the amount must be reduced to the next lower multiple of one dollar, except that no insured worker may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed "insured work" as defined in Section 41-27-300 and earned wages in the employ of a single employer in an amount equal to not less than eight times the weekly benefit amount established for the individual in the preceding benefit year.(A) The number of weeks an individual is allowed to receive unemployment benefits must be determined on an individual county basis based on the unemployment rate for the county that applies to the six-month reference period that includes the effective date of the claim. One six-month reference period begins on January first and one six-month reference period begins on July first. For the reference period that begins January first, the average of the county's unemployment rate for the county for the preceding months of July, August, and September apply. For the reference period that begins July first, the average of the county's unemployment rates for the county for the preceding months of January, February, and March apply.
(B) The total benefits paid to an individual equals the individual's weekly benefit amount allowed under Section 41-35-40 multiplied by the number of weeks applicable to the claimant's county of residence.
(C) The number of weeks multiplier for the six counties with the lowest unemployment rate equals twelve weeks. The number of weeks multiplier for the next five counties with the lowest unemployment rate shall increase by one additional week. This process of increasing one additional week shall continue until all forty-six counties have been considered and the multiplier for the five counties with the highest unemployment rate equals twenty weeks.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. CASKEY moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Pace Pedalino Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Thayer Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Hayes Henderson-Myers Hosey Howard Jefferson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Stavrinakis Thigpen Weeks Williams
So, the amendment was tabled.
Rep. Caskey proposed the following Amendment No. 5 to H. 4710 (Word version) (LC-4710.WAB0015H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 41-35-50(A) and inserting:
(A) The number of weeks an individual is allowed to receive unemployment benefits depends on the seasonally adjusted statewide unemployment rate that applies to the three-month reference period in which the effective date of the claim falls. One three-month reference period begins on January first, the second three-month reference period begins on April first, the third three-month reference period begins on July first, and the fourth three-week reference period begins on October first. For the reference period that begins January first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of August, September, and October apply. For the reference period that begins April first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of November, December, and January apply. For the reference period that begins July first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of February, March, and April apply. For the reference period that begins October first, the average of the seasonally adjusted unemployment rates for the State for the preceding months of May, June, and July apply. The Department of Employment and Workforce must use the most recent seasonally adjusted unemployment rates released by the U.S. Department of Labor, Bureau of Labor Statistics
Seasonally Unemployment Rate Number of Weeks
Less than or equal to 5.5% 12 weeks
Greater than 5.5% up to 6% 13 weeks
Greater than 6% up to 6.5% 14 weeks
Greater than 6.5% up to 7% 15 weeks
Greater than 7% up to 7.5% 16 weeks
Greater than 7.5% up to 8% 17 weeks
Greater than 8% up to 8.5% 18 weeks
Greater than 8.5% up to 9% 19 weeks
Greater than 9% 20 weeks
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
The amendment was then adopted.
Rep. Thigpen proposed the following Amendment No. 6 to H. 4710 (Word version) (LC-4710.SA0017H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 41-35-50, by adding an item to read:
(C) A person who lives in a county that has a higher unemployment rate than the seasonal statewide adjusted unemployment rate may apply to the department for extended weeks of unemployment based on the number of weeks corresponding with the unemployment rate in his county as allowed in subsection (A).
Renumber sections to conform.
Amend title to conform.
Rep. THIGPEN explained the amendment.
Rep. CASKEY moved to table the amendment.
Rep. CASKEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hardee Harris Hartnett Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hager Hayes Henderson-Myers Hosey Jefferson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Thigpen Weeks Wheeler Williams
So, the amendment was tabled.
The SPEAKER granted Rep. GUFFEY a leave of absence for the remainder of the day.
Reps. Caskey and Cromer proposed the following Amendment No. 7 to H. 4710 (Word version) (LC-4710.SA0018H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 41-35-50, by adding an item to read:
(C) The department shall promulgate regulations to ensure compliance with job search requirements and to prevent fraud. These regulations may include verification of attendance at job interviews.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER spoke in favor of the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
McDaniel
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5053 (Word version) -- Reps. Garvin, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JOHNNIE STEPHENS OF RICHLAND COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5054 (Word version) -- Reps. Ballentine, Calhoon, Caskey, Forrest, Kilmartin, May, McCabe, Ott, Taylor, White, Wooten, Bauer, Bernstein, Garvin, Hart, Howard, J. L. Johnson, McDaniel, Rose, Rutherford, Thigpen, Alexander, Anderson, Atkinson, Bailey, Bamberg, Bannister, Beach, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Carter, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Gagnon, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Hyde, Jefferson, J. E. Johnson, S. Jones, W. Jones, Jordan, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, McCravy, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Thayer, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND MIDLANDS TECHNICAL COLLEGE FOR THE TRANSFORMATIVE IMPACT THE INSTITUTION HAS HAD ON LEGIONS OF STUDENTS AND ALUMNI, THE COMMUNITY, THE STATE OF SOUTH CAROLINA, AND BEYOND FOR A HALF-CENTURY AND TO CONGRATULATE MIDLANDS TECH AS THE SCHOOL CELEBRATES ITS SEMICENTENNIAL ANNIVERSARY.
The Resolution was adopted.
The following was introduced:
H. 5055 (Word version) -- Reps. Pendarvis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF DEBORAH ANN MCPHERSON CRAWFORD OF SUMMERVILLE, TO CELEBRATE HER LIFE, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5056 (Word version) -- Reps. Rutherford, Rose, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE UNIVERSITY OF SOUTH CAROLINA AND THE ENTIRE USC SYSTEM FOR ITS MANY AND SIGNIFICANT CONTRIBUTIONS TO THE EDUCATION AND CULTURE OF OUR CITIZENS AND TO DECLARE TUESDAY, FEBRUARY 13, 2024, "CAROLINA DAY" AT THE STATE HOUSE.
The Resolution was adopted.
The following was introduced:
H. 5057 (Word version) -- Rep. Howard: A HOUSE RESOLUTION TO AMEND RULE 3.10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO HOUSE SEAT ALLOTMENT PROCEDURES, SO AS TO REVISE THE PROCESS BY WHICH SEATS ARE SELECTED, TO PROVIDE FOR SEATING BY SENIORITY, AND PROVIDE THAT MEMBERS ARE REQUIRED TO CHOOSE SEATS AS CLOSE TO THEIR OTHER DELEGATION MEMBERS AS POSSIBLE.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 5063 (Word version) -- Reps. Brittain, Herbkersman, Brewer, Bannister, Crawford, Bauer, Bernstein, McGinnis, W. Newton, Bradley, Wooten, Caskey, Stavrinakis, Wetmore, Weeks, B. Newton, Hiott, Guest, J. E. Johnson, Lowe, Magnuson, Hewitt, Wheeler and Willis: A HOUSE RESOLUTION TO PROCLAIM FEBRUARY 6, 2024, AS INTERNATIONAL JAY JORDAN DAY IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5058 (Word version) -- Reps. Wheeler, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GEE WHETSEL FOR NEARLY FORTY YEARS OF DEDICATED SERVICE IN THE FIELD OF NEWSPAPER JOURNALISM, MOST HAVING BEEN SPENT AT THE LEE COUNTY OBSERVER IN BISHOPVILLE, AND FOR HER COMMITMENT TO THE BISHOPVILLE COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5059 (Word version) -- Rep. Kilmartin: A CONCURRENT RESOLUTION TO REJECT AND ABHOR ALL FORMS OF RACIAL SUPREMACY, REJECT ANY POLITICAL VIOLENCE OF ANY RIGHT- OR LEFT-WING PARTISANS FOR THE ADVANCEMENT OF ANY RACIAL SUPREMACY AGENDA, TO REJECT THE DANGEROUS POLARIZATION CAUSED BY THE TOXIC IDEA OF MODERN STRUCTURAL OR SYSTEMIC RACISM INHERENT IN THE UNITED STATES CONSTITUTION, AND TO SEEK TO RECONCILE OUR NATION'S, STATE'S, AND COMMUNITY'S PAST, AND TO PROGRESS TOWARDS HUMAN DIGNITY, FREEDOM, OPPORTUNITY, AND PROSPERITY FOR ALL HUMAN BEINGS INTO THE TWENTY-FIRST CENTURY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5060 (Word version) -- Rep. Burns: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-43-15 SO AS TO REQUIRE THAT DONATED BLOOD, OTHER HUMAN TISSUE, OR ORGANS BE TESTED FOR THE PRESENCE OF CERTAIN CONTAMINANTS AND LABELED ACCORDINGLY BEFORE DISTRIBUTION FOR USE IN TRANSFUSIONS OR TRANSPLANTATIONS, TO ALLOW PATIENTS TO DECLINE CONTAIMNATED DONATED PRODUCTS WITHOUT PENALTY, TO CREATE A CIVIL PENALTY FOR VIOLATIONS OF THE SECTION, TO PROVIDE LIMITED IMMUNITY, AND FOR OTHER PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5061 (Word version) -- Rep. Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLES WHEN SIGNALED BY LAW ENFORCEMENT VEHICLES, SO AS TO PROVIDE PENALTIES FOR WILFULLY OR WANTONLY LEADING LAW ENFORCEMENT OFFICERS ON HIGH-SPEED PURSUITS.
Referred to Committee on Judiciary
H. 5062 (Word version) -- Reps. Haddon, Cobb-Hunter, Kirby, West, Bauer, Robbins, Ligon, Pope, Brewer, Murphy and Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3515, RELATING TO THE INCOME TAX CREDIT FOR CONSERVATION OR QUALIFIED CONSERVATION CONTRIBUTION OF REAL PROPERTY, SO AS TO INCREASE THE AMOUNT OF THE CREDIT ALLOWED.
Referred to Committee on Ways and Means
The motion period was dispensed with on motion of Rep. FORREST.
The following Bill was taken up:
H. 3608 (Word version) -- Reps. Hixon, Bailey and Brittain: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-39-260, RELATING TO RECORDS OF SALES OR CONVEYANCES AND RESULTING CHANGES IN DUPLICATES AND ENDORSEMENT OF DEEDS BY AUDITORS, SO AS TO PROVIDE GUIDELINES FOR THE RECORDS OF COUNTY REAL PROPERTY SALES AND TO REMOVE COUNTY AUDITOR FEES; BY AMENDING SECTION 30-5-120, RELATING TO THE VALIDATION OF CERTAIN CONVEYANCES NOT ENDORSED BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT ANY CONVEYANCE MEETING THE STATUTORY PREREQUISITES FOR RECORDING ARE VALID AND BINDING; BY REPEALING SECTION 30-5-80 RELATING TO THE REQUIREMENT OF THE AUDITOR'S ENDORSEMENT BEFORE THE RECORDATION OF DEEDS; AND BY REPEALING SECTION 8-21-130 RELATING TO FEES COLLECTED BY COUNTY AUDITORS FOR AN ENDORSEMENT ON A DEED.
Rep. MCCRAVY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Gilliard Guest Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4231 (Word version) -- Reps. M. M. Smith, Davis, Bernstein, Guest, Brittain, Henegan, B. Newton, Carter, B. L. Cox, Bannister, Herbkersman, Robbins, Schuessler, Hart and Leber: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-6-1155, RELATING TO MICRO-DISTILLERIES, SO AS TO PROVIDE THAT A MICRO-DISTILLERY MAY SELL CERTAIN LIQUORS DISTILLED ON THE PREMISES ON SUNDAYS; AND BY AMENDING SECTION 61-6-4160, RELATING TO THE PROHIBITION ON THE SALE OF ALCOHOLIC LIQUORS ON CERTAIN DAYS, SO AS TO PROVIDE THAT CERTAIN LOCAL GOVERNING BODIES MAY AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS ON SUNDAYS UNDER CERTAIN CIRCUMSTANCES.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4231 (Word version) (LC-4231.SA0007H):
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
SECTION X. Section 61-6-1155 of the S.C. Code is amended by adding:
(E) Notwithstanding any other provision of law, a micro-distillery selling liquor at its licensed premises pursuant to authorization set forth in subsection (A) may sell the alcoholic liquors distilled on the licensed premises at retail between 1:00 p.m. and 5:00 p.m. on Sundays. The sale of such alcoholic liquors must comply with the provisions of this chapter, notwithstanding the prohibition of Sunday retail sales.
SECTION X. Section 61-6-4160 of the S.C. Code is amended to read:
Section 61-6-4160. (A) It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all his other powers. It is unlawful for a retail dealer to sell alcoholic liquors on Sunday except as authorized and provided for in this section.
(B) The Department of Revenue may issue a permit to allow the sale of alcoholic liquors on Sunday between 1:00 p.m. and 5:00 p.m. by a licensed retail dealer in a county or municipality that authorizes the sale of alcoholic liquors on Sunday in the manner provided in subsection (C). The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application. The department shall charge for an annual fifty-two week permit a nonrefundable fee of three thousand dollars per year. However, the fifty-two-week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the fifty-two-week permit, the department must prorate the three thousand dollar fee on a monthly basis. The permit fee must be waived if the applicant certifies to the department that the applicant is the owner of the retail premises in which the permit is sought, and the applicant does not have an ownership interest in other retail locations where a permit authorizing the Sunday sale of liquor may be issued. The department in its sole discretion shall specify the terms and conditions of the permit. The filing and permit fees must be distributed by the Department of Revenue pursuant to the provisions of Section 61-6-2010(B).
(C)(1) A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws must apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot must be:
"Shall the South Carolina Department of Revenue be authorized to issue permits to licensed retail dealers in this (county) (municipality) to allow for the sale of alcoholic liquors on Sunday between 1:00 p.m. and 5:00 p.m. in compliance with the provisions of the Alcoholic Beverage Control Act?"
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses for this purpose must be paid by the county or municipality conducting the referendum.
(4) In addition to the petition method of calling the referendum provided for in item (1), a county or municipal governing body by ordinance also may call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D).
(D)(1) The municipal governing body may order a referendum on the question of the issuance of permits to allow the sale of alcoholic liquors in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method. An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C).
(E) Permits authorized to be issued in a county or municipality pursuant to this section may continue to be issued or reissued without the requirement of a further referendum.
(F) Permits issued by the Department of Revenue pursuant to this section may be issued in all parts of a municipality if any part of the municipality is located in a county where the issuance of these permits is allowed.
(G)(1) For purposes of referendums held pursuant to this section, "general election" means a:
(a) municipal general election held at a time other than the first Tuesday following the first Monday in November of even-numbered years; or
(b) county general election held on the first Tuesday following the first Monday in November of even-numbered years.
(2) A municipality that does not have a municipal general election scheduled within the same calendar year as a county general election may call, by ordinance, for a referendum to be held on the same date as the county general election, provided that a copy of the ordinance has been filed with the county and municipal election commissions no later than the date required by Section 7-13-355. The expenses for a referendum ordered by a municipality must be paid by the municipality. When a municipal referendum is held at the time of a county general election, the referendum may be conducted by the municipal or county election commission as provided for by an agreement between the municipality and county.
(H) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a)(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(b)(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(c)(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Rep. W. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The SPEAKER PRO TEMPORE granted Rep. WEST a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4364 (Word version) -- Reps. W. Newton, Davis, Rutherford, Bernstein, M. M. Smith, Ott, Brittain, Guest, Hewitt, Elliott, Stavrinakis, Bradley, Wooten, Murphy, Herbkersman, Leber, Sessions, Caskey, Rose, Mitchell, Brewer, Guffey, Hardee, Collins, Gatch, B. Newton, Pace, Bauer, Bailey, Erickson, Schuessler and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-2-170, RELATING TO DRIVE-THROUGH OR CURBSIDE SERVICE OF ALCOHOLIC BEVERAGES, SO AS TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION 61-4-45 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; BY ADDING SECTION 61-4-280 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN BEER AND WINE AND TO PROVIDE FOR REQUIREMENTS; BY ADDING SECTION 61-6-1570 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; AND BY ADDING SECTION 61-6-1580 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN ALCOHOLIC LIQUORS AND TO PROVIDE FOR REQUIREMENTS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4364 (Word version) (LC-4364.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 5, by striking Section 61-6-1570(A)(2) and (3) and inserting:
(2) requires a customer to provide a valid government-issued identification at the time of pick up;
(3) prohibits the use of curbside delivery or pick up service by an intoxicated person or a person under the age of twenty-one; and
(4) requires the employee delivering sealed containers of alcoholic liquors to a customer's vehicle to be twenty-one years or older.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Rep. W. NEWTON spoke in favor of the amendment.
Rep. MCCRAVY spoke against the amendment.
Rep. MCCRAVY spoke against the amendment.
Rep. GATCH spoke in favor of the amendment.
Rep. W. NEWTON spoke in favor of the amendment.
The amendment was then adopted.
Reps. W. Newton and Elliott proposed the following Amendment No. 2 to H. 4364 (Word version) (LC-4364.SA0013H), which was adopted:
Amend the bill, as and if amended, SECTION 3, Section 61-4-45(A), by adding an item to read:
(5) requires the employee delivering sealed containers of beer or wine to a customer's vehicle to undergo training to deliver beer or wine as provided or approved by the Department of Alcohol and Other Drug Abuse Services and as administered by the retail dealer, delivery service, or a Department of Alcohol and Other Drug Abuse Services approved training program.
Amend the bill further, SECTION 4.A., by deleting Section 61-4-280(G)(2).
Amend the bill further, SECTION 5, Section 61-6-1570(A), by adding an item to read:
(5) requires the employee delivering sealed containers of beer or wine to a customer's vehicle to undergo training to deliver beer or wine as provided or approved by the Department of Alcohol and Other Drug Abuse Services and as administered by the retail dealer, delivery service, or a Department of Alcohol and Other Drug Abuse Services approved training program.
Amend the bill further, SECTION 6.A., by deleting Section 61-6-1580(G)(2).
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
The amendment was then adopted.
Rep. MCCRAVY 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:
Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Forrest Gagnon Garvin Gatch Gilliard Guest Hartnett Henderson-Myers Hewitt Hosey Hyde Jefferson J. L. Johnson W. Jones Kilmartin King Kirby Landing Lawson Leber Ligon Lowe May McDaniel McGinnis Mitchell J. Moore T. Moore Murphy Neese B. Newton W. Newton Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Weeks Whitmire Wooten
Those who voted in the negative are:
Burns Carter Chumley Cromer Felder Gibson Gilliam Haddon Hager Hardee Harris Hayes Hiott Hixon J. E. Johnson S. Jones Jordan Long McCravy A. M. Morgan T. A. Morgan Moss Nutt Oremus Vaughan Wheeler White Willis Yow
So, the Bill, as amended, was read the second time and ordered to third reading.
I inadvertently pushed the wrong button during the vote on H. 4364 (Word version), voting against the passage of the Bill. I intended to vote in favor of the Bill.
Rep. Joe White
Rep. HIXON moved that the House do now adjourn, which was agreed to.
At 2:26 p.m. the House in accordance with the motion of Rep. HIXON adjourned to meet at 10:00 a.m. tomorrow.
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