NO. 42
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
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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 Isaiah 63:15: "Look down from heaven and see, from your holy and glorious habitation, where are your zeal and your might?"
Let us pray. God of awesome power, give us hearts filled with hope and gladness as we prepare for the work to be accomplished this day. May the blessings of Almighty God refresh us with the hope given to these women and men of South Carolina. Bless and keep our defenders of freedom and first responders in our hearts. Look in favor upon our World, Nation, President, State, Governor, Speaker, and all who labor in these Halls of Government. Especially, we ask for our brave men and women who keep us safe. Remember our men and women who suffer hidden wounds. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. MCCRAVY moved that when the House adjourns, it adjourn in memory of Augustus "Gus" Burgdorf, which was agreed to.
The following was received from the Senate:
Columbia, S.C., Wednesday, March 27, 2024
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4116 (Word version):
H. 4116 (Word version) -- Reps. Sandifer, M. M. Smith and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-19-295 SO AS TO PROHIBIT THE DIVIDING OF FEES OR OTHER COMPENSATION CHARGED OR RECEIVED BY LICENSEES OF THE BOARD OF FUNERAL SERVICES WITH ANOTHER PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION, OR LEGAL ENTITY FOR THE DELIVERY OR PERFORMANCE OF FUNERAL SERVICES; BY AMENDING SECTION 32-7-100, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PRENEED FUNERAL CONTRACTS, SO AS TO INCREASE FINE RANGES AND PERMANENTLY BAR PERSONS CONVICTED OF A FELONY FROM CONDUCTING PRENEED CONTRACT SALES; BY AMENDING SECTION 32-7-110, RELATING TO THE INVESTIGATION OF COMPLAINTS AGAINST UNLICENSED PRENEED CONTRACT SALES PROVIDERS, SO AS TO PROVIDE COMPLAINTS TO WHICH THE DEPARTMENT SHALL RESPOND MAY BE WRITTEN OR ORAL; BY AMENDING SECTION 32-8-360, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFE CREMATION ACT, SO AS TO INCREASE MONETARY FINES AND REQUIRE IMMEDIATE REPORTING OF VIOLATIONS TO THE BOARD; BY AMENDING SECTION 32-8-385, RELATING TO REQUIREMENTS THAT CREMATORIES EMPLOY CERTAIN TRAINED STAFF TO PERFORM CREMATIONS, SO AS TO REQUIRE ALL CREMATIONS BE PERFORMED BY THESE TRAINED STAFF MEMBERS; BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 40-19-30, RELATING TO THE REQUIREMENT OF LICENSURE TO PRACTICE FUNERAL SERVICES, SO AS TO PROVIDE CONDUCT CONSTITUTING THE PRACTICE OF FUNERAL SERVICES INCLUDES PARTIES WHO EXERCISE ANY CONTROL OR AUTHORITY OVER A FUNERAL ESTABLISHMENT OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, AND TO PROHIBIT CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN WHOSE NAME APPEARS THE NAME OF A PERSON WITH A REVOKED OR LAPSED LICENSE FROM HAVING A LICENSE TO OPERATE A FUNERAL HOME; BY AMENDING SECTION 40-19-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE BOARD MEMBERS, COMMITTEES, OR EMPLOYEES MAY NOT BE LIABLE FOR ACTS PERFORMED IN THE COURSE OF THEIR OFFICIAL DUTIES IN THE ABSENCE OF MALICE SHOWN AND PROVEN IN A COURT OF COMPETENT JURISDICTION; BY AMENDING SECTION 40-19-80, RELATING TO INSPECTORS EMPLOYED BY THE BOARD, SO AS TO INSTEAD REQUIRE THE BOARD TO EMPLOY AT LEAST TWO INVESTIGATORS WHO MAY BE LICENSED EMBALMERS AND FUNERAL DIRECTORS WITH CERTAIN EXPERIENCE BUT WHO HAVE NOT BEEN DISCIPLINED; BY AMENDING SECTION 40-19-110, RELATING TO CONDUCT CONSTITUTING UNPROFESSIONAL CONDUCT BY A LICENSEE OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; BY AMENDING SECTION 40-19-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO INCLUDE UNLICENSED PERSONS WITH THIS JURISDICTION; BY AMENDING SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS PROHIBITING THE PRACTICE OF FUNERAL SERVICES WITHOUT A LICENSE OR USING FALSE INFORMATION TO OBTAIN SUCH LICENSURE, SO AS TO INCREASE MONETARY FINES, AND TO SUBJECT PERSONS WHO AID AND ABET UNLICENSED PERSONS OR ENTITIES IN ENGAGING IN THE PRACTICE OF FUNERAL SERVICE WITHOUT LICENSURE TO THESE PENALTIES; BY AMENDING SECTION 40-19-250, RELATING TO CONTINUING EDUCATION PROGRAMS, SO AS TO REQUIRE CERTAIN COURSEWORK IN ETHICS, TO REQUIRE FOUR HOURS OF TOTAL ANNUAL COURSEWORK, TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK TO BE IN ETHICS, AND TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK BE COMPLETED IN PERSON; AND BY AMENDING SECTION 40-19-290, RELATING TO THE FIDUCIARY RESPONSIBILITIES OF FUNERAL ESTABLISHMENTS WITH RESPECT TO PAYMENTS RECEIVED FOR FUNERAL MERCHANDISE BEING PURCHASED, SO AS TO PROVIDE THESE PAYMENTS MUST BE KEPT IN A TRUST ACCOUNT UNTIL THE MERCHANDISE IS DELIVERED FOR ITS INTENDED USE OR IS DELIVERED INTO THE PHYSICAL POSSESSION OF THE PURCHASER.
Very respectfully,
President
On motion of Rep. FORREST, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SANDIFER, M. M. SMITH and KING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. OREMUS, from the Aiken Delegation, submitted a favorable report on:
S. 1025 (Word version) -- Senators Young, Massey, Setzler and Hutto: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS BEGINNING WITH THE SCHOOL BOARD ELECTIONS IN 2024, TO REDESIGNATE THE MAP NUMBER ON WHICH THESE DISTRICTS MAY BE FOUND, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THE REAPPORTIONED ELECTION DISTRICTS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Newberry Delegation, submitted a favorable report on:
S. 916 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 1(C) OF ACT 485 OF 1998, RELATED TO THE NEWBERRY COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE FOR THE BOARD OF TRUSTEES MUST FILE A STATEMENT OF INTENTION OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION INSTEAD OF FILING A PETITION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 479 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME CHALK STREET IN THE RICHLAND COUNTY TOWN OF EASTOVER FROM POULTRY LANE TO MAIN STREET "FREDDIE E. CAMPBELL, SR. MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 988 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO AUTHORIZE AMERICAN LEGION AUXILIARY PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 2024.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1037 (Word version) -- Senators Adams and Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ROYLE ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17A/NORTH MAIN STREET TO ITS INTERSECTION WITH TREELAND DRIVE "WADE ARNETTE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1041 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF US HIGHWAY 17A IN BERKELEY COUNTY FROM ITS INTERSECTION WITH HARRISTOWN ROAD TO ITS INTERSECTION WITH HOODTOWN ROAD "REV. LARRY A. BRADBERRY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1101 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 38 ALONG INTERSTATE HIGHWAY 95 IN HAMPTON COUNTY "MAJOR GENERAL ARNOLD FIELDS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1163 (Word version) -- Senators Campsen, Grooms and Adams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF HIGHWAY 703 AND THE INTERSECTION OF CHUCK DAWLEY BOULEVARD (I-526B) IN CHARLESTON COUNTY "DETECTIVE PAT MESSER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5179 (Word version) -- Reps. T. Moore and Hyde: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF EDUCATION TO NAME THE CONVERSE SCHOOL BUS MAINTENANCE SHOP IN SPARTANBURG COUNTY THE "DAVID T. BREWINGTON SCHOOL BUS MAINTENANCE CENTER", AND TO DIRECT THE DEPARTMENT TO INSTALL APPROPRIATE SIGNAGE CONTAINING THE WORDS "DAVID T. BREWINGTON SCHOOL BUS MAINTENANCE CENTER" AS THE DEPARTMENT CONSIDERS ADVISABLE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5314 (Word version) -- Reps. Haddon and Burns: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 (WHITE HORSE ROAD) AND SOUTH CAROLINA HIGHWAY 183 (SALUDA DAM ROAD) IN THE GREENVILLE COUNTY TOWN OF BEREA "HAROLD M. BATSON, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 5323 (Word version) -- Reps. Yow, Henegan and Mitchell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9/UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH STATE ROAD S-13-40 (HIGH POINT CHURCH ROAD) TO ITS INTERSECTION WITH STATE ROAD S-13-555 (ARANT STREET) IN CHESTERFIELD COUNTY "SSGT. JASON C. HICKS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 5340 (Word version) -- Reps. W. Jones, 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, 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 RECOGNIZE AND HONOR RITA A. GOOD, UPON THE OCCASION OF HER RETIREMENT AFTER TWENTY-EIGHT YEARS OF EXEMPLARY SERVICE WITH BMW IN SPARTANBURG, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5341 (Word version) -- Rep. McCravy: A HOUSE RESOLUTION TO CONGRATULATE NINETY SIX HIGH SCHOOL WRESTLERS FRANK TAYLOR AND PJ RUSHTON FOR WINNING THE 2024 SOUTH CAROLINA CLASS A/AA INDIVIDUAL STATE CHAMPIONSHIP TITLES.
The Resolution was adopted.
The following was introduced:
H. 5342 (Word version) -- Reps. Felder, Guffey, King, Ligon, Moss, O'Neal, Pope and Sessions: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND RANDY HANAUER OF R. HANAUER IN FORT MILL FOR HIS COMPANY'S CHARMING SPRINGMAID BOW TIE, WHICH IS WOVEN, PRINTED, AND HANDSEWN IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5343 (Word version) -- Reps. T. Moore, 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, 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 COACH PAULA KIRKLAND OF DORMAN HIGH SCHOOL ON HER SELECTION FOR INDUCTION INTO THE NATIONAL HIGH SCHOOL HALL OF FAME BY THE NATIONAL FEDERATION OF STATE HIGH SCHOOL ASSOCIATIONS.
The Resolution was adopted.
The following was introduced:
H. 5344 (Word version) -- Reps. Weeks, G. M. Smith, 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, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, West, Wetmore, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE HONORABLE FRED H. GORDON, JR., OF SUMTER FOR A LIFE WELL LIVED IN SERVICE TO HIS COMMUNITY AND HIS COUNTRY AND TO WISH HIM MUCH CONTINUED SUCCESS AND FULFILLMENT IN THE DAYS AHEAD.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5345 (Word version) -- Reps. Yow, Mitchell, Connell, Henegan, Brewer, Caskey, Bamberg, Bailey, Wooten, B. J. Cox, Jordan, Atkinson, Neese, B. Newton, Hager, Moss, Murphy, Sandifer and Wheeler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 58-4-52 SO AS TO SPECIFY THE INFORMATION AND FORM REQUIRED TO BE INCLUDED ON A COMPLAINT FILED WITH THE OFFICE OF REGULATORY STAFF, AND TO SET FORTH PENALTIES FOR WILFULLY FILING A GROUNDLESS COMPLAINT.
Referred to Committee on Labor, Commerce and Industry
H. 5346 (Word version) -- Reps. Haddon and Burns: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 16-3-5 RELATING TO PERSONS CAUSING INJURY WHICH RESULT IN THE DEATH OF ANOTHER PERSON AT LEAST THREE YEARS LATER WHO MUST NOT BE PROSECUTED FOR HOMICIDE.
Referred to Committee on Judiciary
H. 5347 (Word version) -- Reps. Pendarvis and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 57-1-100 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION SHALL CONDUCT A STUDY AND UNDERTAKE A PROJECT TO ESTABLISH COMMUTER RAIL SERVICE IN THE STATE.
Referred to Committee on Education and Public Works
H. 5348 (Word version) -- Reps. Gilliard and Williams: A JOINT RESOLUTION TO CREATE THE "SHIPPING TRANSPORTATION AND PORT BRIDGE SAFETY STUDY COMMITTEE" TO EXAMINE CURRENT STATE AND FEDERAL SAFETY STANDARDS AND MEASURES CONCERNING THE NAVIGATION OF LARGE VESSELS UNDER MAJOR WATERWAY BRIDGES WHILE ENTERING OR LEAVING HARBORS, PORTS, AND CANALS IN THIS STATE, AMONG OTHER THINGS, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE MEMBERSHIP AND DURATION OF THE STUDY COMMITTEE.
Rep. WILLIAMS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. MURPHY objected.
Referred to Committee on Education and Public Works
H. 5349 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PALMETTO ACCESS TO HIGHERED (PATH) ACT" BY ADDING SECTION 59-149-17 SO AS TO ESTABLISH PATH SCHOLARSHIPS, TO PROVIDE THE PURPOSE OF THE SCHOLARSHIPS, TO PROVIDE ELIGIBILITY REQUIREMENTS FOR THE SCHOLARSHIPS, AND TO DEFINE NECESSARY TERMINOLOGY.
Referred to Committee on Education and Public Works
H. 5350 (Word version) -- Reps. Pace, A. M. Morgan, S. Jones, Magnuson, Beach, Harris, Kilmartin, Oremus and T. A. Morgan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO CHAPTER 7, TITLE 16 SO AS TO PROVIDE FOR THE ARREST AND PROSECUTION OF PERSONS WHO ENTER THIS STATE ILLEGALLY, TO PROVIDE PENALTIES, TO PROVIDE DEFINITIONS, AND TO PROVIDE PROCEDURES FOR CIVIL ACTIONS.
Referred to Committee on Judiciary
H. 5351 (Word version) -- Reps. Brewer, Mitchell, Caskey, Lawson, T. Moore, Bustos, Hartnett, Guffey, Rutherford and Hewitt: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ARTICLE 1 OF CHAPTER 23, TITLE 50, SECTION 50-23-345, AND SECTION 50-23-375, ALL RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT OUTBOARD MOTORS BE TITLED; BY AMENDING SECTION 12-37-3210, RELATING TO TAX NOTICES FOR BOATS, BOAT MOTORS, AND WATERCRAFT, SO AS TO ALLOW THE AUDITOR TO CONSOLIDATE THE TAX NOTICE; BY AMENDING SECTION 12-37-890, RELATING TO A PLACE WHERE PROPERTY SHALL BE RETURNED FOR TAXATION, SO AS TO PROVIDE THAT BOATS, BOAT MOTORS, AND WATERCRAFT MUST BE RETURNED TO THE COUNTY IN WHICH THE BOAT, BOAT MOTOR, OR WATERCRAFT IS PRINCIPALLY LOCATED FOR TAXATION; BY AMENDING SECTION 12-37-3220, RELATING TO PROPERTY TAX RETURNS FOR BOATS, BOAT MOTORS, AND WATERCRAFT, SO AS TO PROVIDE THAT SUCH PROPERTY TAX RETURNS MUST BE SUBMITTED TO THE COUNTY IN WHICH THE BOAT, BOAT MOTOR, OR WATERCRAFT IS PRINCIPALLY LOCATED IF THAT IS DIFFERENT THAN THE OWNER'S COUNTY OF RESIDENCE; BY AMENDING SECTION 50-23-340, RELATING TO APPLICATION FOR AND ISSUANCE OF NUMBER AND CERTIFICATE FEES, SO AS TO PROVIDE THAT APPLICATIONS FOR MOTORBOAT NUMBERS MUST INCLUDE A DECLARATION OF THE COUNTY IN WHICH THE MOTORBOAT IS PRINCIPALLY LOCATED; BY AMENDING SECTION 50-23-370, RELATING TO EXPIRATION AND RENEWAL, SO AS TO PROVIDE THAT CERTIFICATE RENEWAL NOTICES MUST BE SENT TO OWNERS OF WATERCRAFT PRINCIPALLY LOCATED IN THE COUNTY; AND BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR FIFTY PERCENT OF THE FAIR MARKET VALUE OF WATERCRAFT.
Referred to Committee on Ways and Means
S. 95 (Word version) -- Senators Campsen, Senn, Verdin, M. Johnson, Kimbrell, Gustafson, Young, Grooms, Fanning, Loftis, Garrett and Rice: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMPTROLLER GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT THE COMPTROLLER GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THE GOVERNOR UPON THE EXPIRATION OF THE TERM OF THE COMPTROLLER GENERAL SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION.
Referred to Committee on Judiciary
S. 728 (Word version) -- Senator Gustafson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-9-197(A)(3), RELATING TO THE FIREFIGHTER CANCER HEALTH CARE BENEFIT PLAN, SO AS TO PROVIDE THAT THE DEFINITION OF "FIREFIGHTER" SHALL INCLUDE NON-RESIDENTS OF SOUTH CAROLINA WHO WORK IN THE STATE.
Referred to Committee on Labor, Commerce and Industry
S. 995 (Word version) -- Senators Hutto, Shealy, Reichenbach, Devine, Senn, McLeod, Rankin, Garrett, Alexander and Setzler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-375, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO DEFINE IDENTIFIABLE MINOR AND MORPHED IMAGE; BY AMENDING SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE CHILDREN AS AN OFFENSE; BY AMENDING SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE CHILDREN AS AN OFFENSE; BY AMENDING SECTION 16-15-410, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE CHILDREN AS AN OFFENSE; AND BY AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO INCLUDE THOSE GUILTY OF CRIMINAL SEXUAL EXPLOITATION OF A MINOR IN THE FIRST, SECOND, OR THIRD DEGREE AS A TIER II OFFENDER.
Referred to Committee on Judiciary
S. 1031 (Word version) -- Senator Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING CHAPTER 11 OF TITLE 35, RELATING TO ANTI-MONEY LAUNDERING, SO AS TO INCORPORATE THE UNIFORM MONEY SERVICES ACT, TO PROTECT THE PUBLIC FROM FINANCIAL CRIME, STANDARDIZE THE TYPES OF ACTIVITIES THAT ARE SUBJECT TO LICENSING, AND MODERNIZE SAFETY AND SOUNDNESS REQUIREMENTS TO ENSURE FUNDS ARE PROTECTED IN AN ENVIRONMENT THAT SUPPORTS INNOVATIVE AND COMPETITIVE BUSINESS PRACTICES.
Referred to Committee on Labor, Commerce and Industry
S. 1051 (Word version) -- Senators Kimbrell and Talley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-25-1330, RELATING TO WATERCRAFT RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO EXTEND THE HUNTING OF WATERFOWL FOR FIVE YEARS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1074 (Word version) -- Senators Davis and Fanning: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-47-20, RELATING TO DEFINITIONS OF A CMA, SO AS TO CHANGE THE REQUIREMENTS FOR A QUALIFIED CMA; AND BY AMENDING SECTION 40-47-196, RELATING TO DELEGATION OF TASKS, SO AS TO PROVIDE THAT A PHYSICIAN OR PHYSICIAN ASSISTANT, PURSUANT TO THE PHYSICIAN ASSISTANT'S SCOPE OF PRACTICE GUIDELINES, MAY DELEGATE NURSING TASKS TO UAP UNDER THE SUPERVISION OF THE PHYSICIAN OR PHYSICIAN ASSISTANT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1099 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-360, RELATING TO DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS ARE DELINEATED.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam 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 Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Rep. BANNISTER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 27.
The SPEAKER granted Rep. BREWER a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. SESSIONS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. DAVIS a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. BALLENTINE a leave of absence for the day.
The SPEAKER granted Rep. GILLIARD a leave of absence for the day.
The SPEAKER granted Rep. COLLINS a temporary leave of absence.
The SPEAKER granted Rep. VAUGHAN a leave of absence for the remainder of the day.
Announcement was made that Dr. Helen Stockinger of Spartanburg, SC was the Doctor of the Day for the General Assembly.
Rep. CONNELL presented to the House the Camden High School "Bulldogs" 3A Championship Boys Tennis Team.
Rep. CONNELL presented to the House Camden High Varsity "Lady Bulldogs" 3A Championship Basketball Team.
Rep. MCCABE presented to the House the Providence Athletic Club (PAC) "Panthers" 2023 Southeastern Independent Junior Varsity Football Association Champions.
Rep. MCCABE presented to the House the Providence Athletic Club (PAC) "Panthers" 2023 Southeastern Independent Varsity Football Association Champions.
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. 3227 (Word version)
Date: ADD:
03/28/24 TAYLOR, GUFFEY, O'NEAL, POPE, FELDER and LIGON
Bill Number: H. 4158 (Word version)
Date: ADD:
03/28/24 HENEGAN and WILLIAMS
Bill Number: H. 4622 (Word version)
Date: ADD:
03/28/24 MITCHELL, KING and HART
Bill Number: H. 4649 (Word version)
Date: ADD:
03/28/24 RIVERS
Bill Number: H. 4673 (Word version)
Date: ADD:
03/28/24 WILLIAMS and HENEGAN
Bill Number: H. 4934 (Word version)
Date: ADD:
03/28/24 HART and RIVERS
Bill Number: H. 4953 (Word version)
Date: ADD:
03/28/24 HART, WILLIAMS, HENEGAN, CASKEY, JEFFERSON, J. MOORE and RIVERS
Bill Number: H. 5066 (Word version)
Date: ADD:
03/28/24 CRAWFORD, GUEST and M. M. SMITH
Bill Number: H. 5144 (Word version)
Date: ADD:
03/28/24 CASKEY
Bill Number: H. 5169 (Word version)
Date: ADD:
03/28/24 MAGNUSON, M. M. SMITH, CROMER, OREMUS, POPE and BEACH
Bill Number: H. 5225 (Word version)
Date: ADD:
03/28/24 KING
Bill Number: H. 5245 (Word version)
Date: ADD:
03/28/24 WEEKS
Bill Number: H. 3180 (Word version)
Date: REMOVE:
03/28/24 TAYLOR
The following Bill was taken up:
H. 5014 (Word version) -- Reps. Caskey, Ballentine, Calhoon, Forrest, Kilmartin, May, McCabe, Ott, Taylor, White and Wooten: A BILL TO EXTEND THE ONE PERCENT SALES TAX IMPOSED BY ACT 378 OF 2004, AS AMENDED, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, FOR AN ADDITIONAL SEVEN YEARS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt 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 T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. WOOTEN, with unanimous consent, it was ordered that H. 5014 (Word version) be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4871 (Word version) -- Reps. Haddon, Ligon and Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 47-9-420 SO AS TO PROHIBIT THE INTERFERENCE OR INTERACTION WITH FARM ANIMALS BEING TRANSPORTED BY A MOTOR VEHICLE WITHOUT PERMISSION.
H. 4874 (Word version) -- Reps. Hixon, Chapman and Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 17 TO TITLE 50 SO AS TO REGULATE CAPTIVE WILDLIFE BY DEFINING TERMS, OUTLINING THE PERMITTING PROCESS, LISTING EXCEPTIONS, AND PROVIDING PENALTIES FOR VIOLATIONS, AMONG OTHER THINGS; BY AMENDING SECTION 50-16-40, RELATING TO EXCEPTIONS TO THE PERMIT REQUIREMENT FOR WILDLIFE IMPORTED FOR EXHIBITION PURPOSES, SO AS TO LIMIT THE EXCEPTIONS; AND BY REPEALING SECTION 50-11-1180 RELATING TO THE AUTHORITY OF THE DEPARTMENT TO ISSUE PERMITS TO COLLECT PROTECTED WILDLIFE FOR SCIENTIFIC OR PROPAGATING PURPOSES.
H. 4294 (Word version) -- Reps. Connell, Mitchell, Hager, Wheeler and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-1-320, RELATING TO THE LIMITATION ON MILLAGE INCREASES, SO AS TO ALLOW THE GOVERNING BODY OF A RURAL COUNTY TO SUSPEND THE LIMITATION FOR THE PURPOSE OF SUPPORTING A FIRE PROTECTION DISTRICT.
H. 4912 (Word version) -- Rep. Murphy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS FOR AD VALOREM TAXATION, SO AS TO ALLOW CERTAIN CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE TO CONTINUE TO CLAIM THE SPECIAL FOUR PERCENT ASSESSMENT RATIO WHEN THE CIVILIAN RECEIVES CERTAIN ORDERS FOR A CHANGE OF STATION.
H. 4548 (Word version) -- Reps. Oremus, Hayes, McCravy, Trantham, Atkinson, Clyburn, Henegan, Taylor, West, Erickson, Wooten, Forrest, S. Jones, Long, Herbkersman, Cobb-Hunter, Haddon, Bailey, Whitmire, Hart and Henderson-Myers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-1-1790, RELATING TO THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM UPON THE RETURN TO COVERED EMPLOYMENT, SO AS TO PROVIDE THAT THIS LIMITATION DOES NOT APPLY TO MEMBERS WHO RETURN TO COVERED EMPLOYMENT AS A SCHOOL BUS DRIVER.
H. 4349 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-53-1500, RELATING TO THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION, SO AS TO REMOVE OBSOLETE REFERENCES, TO REVISE RESIDENCY REQUIREMENTS FOR CERTAIN COMMISSION SEATS, AND TO REVISE THE ABSENCE POLICY FOR COMMISSION MEMBERS, AMONG OTHER THINGS.
H. 5121 (Word version) -- Rep. Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-1-50, RELATING TO GEOGRAPHIC BOUNDARIES FOR LAKE MARION, SO AS TO INCLUDE AN ADDITIONAL GEOGRAPHIC REFERENCE; AND BY AMENDING SECTION 50-13-675, RELATING TO NONGAME FISHING DEVICES OR GEAR PERMITTED IN CERTAIN BODIES OF FRESHWATER, SO AS TO PERMIT HOOP NETS IN THE CONGAREE RIVER.
The following Bill was taken up:
H. 5154 (Word version) -- Reps. West and Sandifer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-5-1030, RELATING TO CIVIL PENALTIES, SO AS TO PROVIDE A GAS UTILITY WHICH VIOLATES SECTION 58-5-1020 OR A REGULATION UNDER ARTICLE 9 OF CHAPTER 5, TITLE 58 IS SUBJECT TO A CIVIL PENALTY NOT MORE THAN THE CIVIL PENALTY PROVIDED BY 49 U.S.C. SECTION 60122 AND 49 C.F.R. 190.233.
Rep. SANDIFER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton O'Neal Oremus Ott Pace Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Harris McCabe McCravy
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 5154 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3180 (Word version) -- Reps. Rutherford and Kilmartin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-41-30, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT A DEBTOR'S INTEREST IN REAL PROPERTY USED AS A PRIMARY RESIDENCE MAY NOT BE SOLD IF THE ACTION WAS INSTITUTED BY A HOMEOWNERS ASSOCIATION ATTEMPTING TO COLLECT UNPAID DUES, FEES, OR FINES; BY AMENDING SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF A HOMEOWNERS ASSOCIATION'S GOVERNING DOCUMENTS, SO AS TO PROHIBIT THE ENFORCEABILITY OF A PROVISION GRANTING A HOMEOWNERS ASSOCIATION THE AUTHORITY TO FORECLOSE ON PROPERTY; AND BY ADDING SECTION 29-3-810 SO AS TO PROHIBIT A FORECLOSURE ACTION NOT AUTHORIZED BY STATUTE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3180 (Word version) (LC-3180.WAB0004H), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1.
Amend the bill further, SECTION 2, by striking Section 27-30-130(2)(B)(2) and inserting:
(2) In order to remain enforceable, a homeowners association's rules, regulations, and amendments to rules and regulations must be recorded in the clerk of court's, Register of Mesne Conveyance (RMC), or register of deeds office in the county in which the property is located by January tenth of eachthe year following their adoption or amendment.
Amend the bill further, SECTION 2, by striking Section 27-30-130(2)(D) and inserting:
(D) Effective January 1, 2025, any provision in a homeowners association's governing documents granting the homeowners association the authority to foreclose on the property of a homeowners association member must adhere to the requirements of Section 29-3-810.
Amend the bill further, SECTION 3, by striking Section 29-3-810 and inserting:
Section 29-3-810. Effective January 1, 2025, any homeowners association with the authority granted in its governing documents to foreclose on the property of a homeowners association member must in the case of a default by a defendant property owner make application for a rule to show cause to be issued to the defendant property owner. No foreclosure sale may be noticed prior to the issuance of the rule to show cause.
Renumber sections to conform.
Amend title to conform.
Rep. JEFFERSON explained the amendment.
The amendment was then adopted.
Rep. Pope proposed the following Amendment No. 2 to H. 3180 (Word version) (LC-3180.CM0005H):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 30, Title 27 of the S.C. Code is amended by adding:
Section 27-30-180. Notwithstanding any other provision of law, any provision of a governing document which restricts a constitutional right of a lot owner or a person residing in a residential planned community is void.
Renumber sections to conform.
Amend title to conform.
Rep. POPE explained the amendment.
Rep. RUTHERFORD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4189 (Word version) -- Rep. Sandifer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-90-10, RELATING TO DEFINITIONS, SO AS TO INCLUDE REFERENCES TO FOREIGN CAPTIVE INSURANCE COMPANIES; BY AMENDING SECTION 38-90-20, RELATING TO LICENSING AND FEES, SO AS TO AMEND MEETING REQUIREMENTS, REMOVE A CERTIFICATION FEE AND OUTLINE HOW TO MAKE PROPER PAYMENTS TO THE DEPARTMENT; BY AMENDING SECTION 38-90-40, RELATING TO CAPITALIZATION REQUIREMENTS, SO AS TO GIVE DISCRETION TO THE DIRECTOR; BY AMENDING SECTION 38-90-60, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS, SO AS TO INCLUDE FOREIGN CAPTIVE INSURANCE COMPANIES; BY AMENDING SECTION 38-90-70, RELATING TO REPORTS, SO AS TO CHANGE A DEADLINE AND INCLUDE REFERENCES TO FOREIGN CAPTIVE INSURANCE COMPANIES; BY AMENDING SECTION 38-90-75, RELATING TO DISCOUNTING OF LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES, SO AS TO ALLOW A SPONSORED CAPTIVE INSURANCE COMPANY TO FILE ONE ACTUARIAL OPINION; BY AMENDING SECTION 38-90-80, RELATING TO INSPECTIONS AND EXAMINATIONS, SO AS TO MAKE THE EXAMINATION OF SOME CAPTIVE INSURANCE COMPANIES OPTIONAL AND TO INCLUDE REFERENCES TO FOREIGN CAPTIVE INSURANCE COMPANIES; BY AMENDING SECTION 38-90-140, RELATING TO TAX PAYMENTS, SO AS TO AMEND REQUIRED TAX PAYMENTS FOR A SPONSORED CAPTIVE INSURANCE COMPANY; BY AMENDING SECTION 38-90-165, RELATING TO DECLARATION OF INACTIVITY, SO AS TO ALLOW FOR THE SUBMISSION OF A WRITTEN APPROVAL; BY AMENDING SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO CHANGE THE ALLOWED TRANSFER OF COLLECTED TAXES FROM TWENTY PERCENT TO FORTY PERCENT; AND BY AMENDING 38-90-215, RELATING TO PROTECTED CELLS, SO AS TO REMOVE LICENSING REQUIREMENTS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4189 (Word version) (LC-4189.PH0003H), which was adopted:
Amend the bill, as and if amended, SECTION 2, Section 38-90-20(G)(1), by adding a subitem to read:
(d) The non-U.S. currency may only be the currency of the country in which the owner or insured of the captive insurance company or protected cell is located.
Amend the bill further, SECTION 2, by striking Section 38-90-20(G)(2) and (3) and inserting:
(2) Notwithstanding the foregoing, all amounts paid to the department pursuant to this chapter shall be paid in United States currency, and all reports and other information required to be submitted to the department pursuant to this chapter must be converted to United States currency, based on such exchange rate as may be approved by the department.
(3) In determining the exchange rate between United States currency and the non-U.S. currency, the captive insurance company shall use the applicable exchange rate as published by the United States Department of the Treasury as of the applicable date of conversion.
Amend the bill further, SECTION 10, by striking Section 38-90-175(A) and inserting:
(A) There is created a fund to be known as the "Captive Insurance Regulatory and Supervision Fund" for the purpose of providing the financial means for the director to administer Chapter 87 and Chapter 90 of this title and for reasonable expenses incurred in promoting the captive insurance industry in the State. The transfer of twentyforty percent of the taxes collected by the department pursuant to Chapter 90 of this title, and all fees and assessments received by the department pursuant to the administration of this chapter must be credited to this fund. All fees received by the department from reinsurers who assume risk only from captive insurance companies, must be deposited into the Captive Insurance Regulatory and Supervision Fund. All fines and administrative penalties must be deposited directly into the South Carolina general fund.
Renumber sections to conform.
Amend title to conform.
Rep. HARDEE explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Haddon Hager Hardee Harris Hartnett Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Howard Hyde J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson 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 Pendarvis Pope Rivers Rose Rutherford Sandifer Schuessler M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler 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.
On motion of Rep. HARDEE, with unanimous consent, it was ordered that H. 4189 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4843 (Word version) -- Reps. Bailey, Brittain, Guest, J. E. Johnson, Sandifer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 48-39-148 SO AS TO AUTHORIZE BUSINESSES WITH A DECK, DOCK, OR OTHER STRUCTURE LOCATED IN A CRITICAL AREA TO USE THE STRUCTURE FOR PURPOSES DIRECTLY RELATED TO OPERATION OF THE BUSINESS WITH LOCAL ZONING APPROVAL.
Rep. ANDERSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 5245 (Word version) -- Reps. G. M. Smith, Erickson, Bradley and Weeks: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-40-50, RELATING TO CHARTER SCHOOL ADMISSIONS, SO AS TO PROVIDE CHARTER SCHOOLS MAY GIVE ENROLLMENT PREFERENCE TO CHILDREN OF ACTIVE DUTY MILITARY SERVICEMEMBERS IN THIS STATE IF THEIR ENROLLMENT DOES NOT CONSTITUTE MORE THAN TWENTY PERCENT OF THE OVERALL ENROLLMENT, AND TO REVISE EXISTING ENROLLMENT PREFERENCE PROVISIONS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 5245 (Word version) (LC-5245.WAB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-40-50(8) and inserting:
(8) (a) not limit or deny admission or show preference in admission decisions to any individual or group of individuals, except in the case of an application to create a single gender charter school, in which case gender may be the only reason to show preference or deny admission to the school or as allowed by subitem (b);.
(b) A charter school may give enrollment prioritypreference to any of the following by enrolling the student without requiring participation in a lottery when a lottery is otherwise required under this chapter:
(i) a sibling of a pupil currently enrolled and attending, or who, within the last six years, attended the school for at least one complete academic year.;
(ii) students enrolled in the public charter school the previous school yearA public charter school shall give enrollment preference to students enrolled in the public charter school the previous school year. An enrollment preference for returning students excludes those students from entering into a lottery. A charter school also may give priority tochildren of a charter school employee and children of the charter committee, if priority enrollment for children of employees and of the charter committee does not constitute more than twenty percent of the enrollment of the charter school.;
(iii) a child or children of any employee of the charter school or member of the charter school committee, provided that the number of students eligible for this preference may not exceed twenty percent of the school's total enrollment;
(iv) dependents of active-duty members of the military residing or stationed in this state, limited to not more than twenty percent of the school's total enrollment except for schools meeting the provisions of Section 59-40-50(B)(8)(e). Dependents of active duty military members are subject to the enrollment provisions of Section 59-63-33.
(c) A student eligible for multiple enrollment preferences may be enrolled based on only one of the preferences, at the charter school's discretion. A student eligible for an enrollment preference that is denied the enrollment preference because the charter school has exceeded the number of enrollment preferences allowed must be permitted to participate in any enrollment lottery held by the school for the year the enrollment preference is denied.
(d) In the case of a charter school designated as an Alternative Education Campus, pursuant to Section 59-40-111, mission-aligned preference may be given to educationally disadvantaged students as specifically defined in their charter and charter contract approved by their sponsor and as allowed by ESSA.
(e) In addition, a charter school located on a federal military installation or base where the appropriate authorities have made buildings, facilities, and grounds on the installation or base available for use by the charter school as its principal location also may give enrollment prioritypreference to otherwise eligible students who are dependents of military personnel living in military housing on the base or installation or who are currently stationed at the base or installation not to exceed fifty percent of the total enrollment of the charter school. This prioritypreference is in addition to the other prioritiespreferences provided by this item, but no child may be counted more than once for purposes of determining the percentage makeup of each prioritypreference;
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. BRADLEY explained the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam 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 Magnuson May McCravy McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Taylor Thayer 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.
On motion of Rep. BRADLEY, with unanimous consent, it was ordered that H. 5245 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4702 (Word version) -- Reps. Davis, Pope, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA COMPUTER SCIENCE EDUCATION INITIATIVE ACT" BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR THE EXPANSION AND ENHANCEMENT OF COMPUTER SCIENCE EDUCATION IN PUBLIC HIGH SCHOOLS THROUGH THE CREATION AND IMPLEMENTATION OF A STATEWIDE COMPUTER SCIENCE EDUCATION PLAN AND THE REQUIREMENT THAT EACH PUBLIC SCHOOL OFFERS AT LEAST ONE COMPUTER SCIENCE COURSE THAT MEETS CERTAIN CRITERIA, AND TO PROVIDE RELATED REQUIREMENTS OF THE STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4702 (Word version) (LC-4702.WAB0005H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-250(E)(3) and inserting:
(3) design career pathways that connect students to postsecondary programs, degrees, or postsecondary credentials in high demand career fields including, but not limited to, cybersecurity, information systems, informatics, graphic design, computer engineering, and software development as identified by the Department of Employment and Workforce;
Amend the bill further, SECTION 2, by striking Section 59-29-250(H)(2)(b) and inserting:
(b) are organized around the career pathways and aligned with state and regional workforce needs as determined by the Department of Employment and Workforce;
Amend the bill further, SECTION 2, Section 59-29-250, by adding a subsection to read:
(I) When updating and revising the K-8 South Carolina Computer Science and Digital Literacy Standards and the South Carolina Computer Science Standards for High School, the State Board of Education shall ensure that the concept of cybersecurity is addressed appropriately for each grade and subject covered by the standards.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee 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 McCravy McGinnis Mitchell J. Moore T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Harris Magnuson A. M. Morgan T. A. Morgan
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BRADLEY, with unanimous consent, it was ordered that H. 4702 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4703 (Word version) -- Reps. Davis, Pope, West, Schuessler, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STEM OPPORTUNITY ACT" BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 13 SO AS TO ESTABLISH THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) COALITION, THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) EDUCATION FUND WITHIN THE STATE TREASURY, AND THE SC STEM COALITION ADVISORY COUNCIL, AND TO PROVIDE THEIR RESPECTIVE PURPOSES AND FUNCTIONS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4703 (Word version) (LC-4703.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 13-1-2230(B)(1)(a) and inserting:
(a) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chair of the advisory council;
Amend the bill further, SECTION 2, by striking Section 13-1-2230(B)(1)(g), (h), and (i) and inserting:
(g) one member appointed by the President of the Technical College System to represent the public technical colleges in this State, who shall serve terms of four years and until their successors are appointed and qualified.
(h) one member appointed by the President of the Commission on Higher Education to represent public higher education institutions in this State not otherwise represented pursuant to subitems (g),(i), or (j) of item (B)(1) of this section, who shall serve terms of four years and until their successors are appointed and qualified;
(i) one member appointed by the President of the University of South Carolina to represent the eight public institutions of the USC system, who shall serve a term of four years and until their successors are appointed and qualify; and
(j) one member appointed by President of Clemson University to represent the university as the host site of the coalition, who shall serve a term of four years and until their successors are appointed and qualified.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee 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 McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore 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.
On motion of Rep. BRADLEY, with unanimous consent, it was ordered that H. 4703 (Word version) be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 4673 (Word version) -- Reps. Erickson, Gilliam, Williams and Henegan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-50, RELATING TO BEGINNERS' PERMITS, HOURS AND CONDITIONS OF VEHICLE OPERATION, RENEWAL AND FEES, DRIVERS' TRAINING COURSES, AND ELIGIBILITY FOR FULL LICENSURE, SO AS TO EXEMPT ADDITIONAL PERSONS FROM OBTAINING BEGINNERS' PERMITS BEFORE OPERATING MOTOR VEHICLES, AND TO PROVIDE PERSONS AT LEAST EIGHTEEN YEARS OLD MAY TAKE THE DRIVING TEST AFTER MAINTAINING A BEGINNERS' PERMIT FOR AT LEAST THIRTY DAYS.
Rep. GILLIAM explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam 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 McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore 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.
On motion of Rep. GILLIAM, with unanimous consent, it was ordered that H. 4673 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5144 (Word version) -- Reps. B. J. Cox, Elliott, Wooten and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-5-105 SO AS TO CREATE THE SCHOOL MAPPING DATA PROGRAM WITHIN THE STATE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF FACILITATING EFFICIENT EMERGENCY RESPONSES IN PUBLIC SCHOOLS BY PUBLIC SAFETY AGENCIES, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ITS IMPLEMENTATION BY THE DEPARTMENT, AND TO PROVIDE RELATED REQUIREMENTS OF SCHOOL DISTRICTS.
Rep. ERICKSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 5016 (Word version) -- Reps. B. Newton, Murphy, Caskey, Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-7-70 SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE STATE AUDITOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-3-240, RELATING TO REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE STATE AUDITOR; AND BY REPEALING SECTION 11-7-10 RELATING TO THE SELECTION OF THE STATE AUDITOR.
Rep. JORDAN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam 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 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 Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. JORDAN, with unanimous consent, it was ordered that H. 5016 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3227 (Word version) -- Reps. Rutherford, Crawford, Gagnon, Mitchell, Taylor, Guffey, O'Neal, Pope, Felder and Ligon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-1-40 AND 63-19-20, BOTH RELATING TO STATUS OFFENSES, SO AS TO ELIMINATE PLAYING A PINBALL MACHINE AS A STATUS OFFENSE; AND BY REPEALING SECTION 63-19-2430 RELATING TO THE PLAYING OF PINBALL MACHINES BY A MINOR.
Rep. J. E. JOHNSON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam 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 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 Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore 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.
On motion of Rep. J. E. JOHNSON, with unanimous consent, it was ordered that H. 3227 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4304 (Word version) -- Reps. Connell, Mitchell, Yow, Murphy, Elliott, Robbins, Collins, Pope and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-75-30 SO AS TO PERMIT PARENTAL AND FILIAL CONSORTIUM CLAIMS.
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bauer Beach Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thigpen Vaughan Weeks West Wetmore 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.
On motion of Rep. CONNELL, with unanimous consent, it was ordered that H. 4304 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3980 (Word version) -- Reps. J. E. Johnson, M. M. Smith, Moss, Lawson, Guffey, West, Brittain, Hardee, McGinnis, Bailey, B. L. Cox, Pace, Mitchell, Chapman, Davis, B. Newton, Burns, Cromer, Hixon, A. M. Morgan and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 14-1-250 SO AS TO REQUIRE JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM TO REPORT ALL CASES OF SUSPECTED FALSE STATEMENTS OR MISREPRESENTATIONS TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF ATTORNEY GENERAL; AND BY AMENDING SECTION 38-55-570, RELATING TO NOTIFICATION OF INSURANCE FRAUD DIVISION OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO INCLUDE A REFERENCE TO THE OBLIGATION OF JUDGES AND OTHER OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM TO REPORT SUSPECTED FALSE STATEMENTS OR MISREPRESENTATIONS TO THE INSURANCE FRAUD DIVISION.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3980 (Word version) (LC-3980.PH0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 14-1-250 and inserting:
Section 14-1-250. Judges of the unified judicial system may report all cases where there is a reasonable belief of a false statement or misrepresentation, as defined in Section 38-55-530(D), to the Insurance Fraud Division of the Office of Attorney General for investigation and prosecution, if warranted, pursuant to the Omnibus Insurance Fraud and Reporting Immunity Act.
Amend the bill further, SECTION 2, by striking Section 38-55-570(C) and inserting:
(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue, the Department of Public Safety, and the Department of Motor Vehicles shall report, but not adjudicate, all cases of suspectedwhere there is a reasonable belief of or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General of South Carolina for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440. Judges of the unified judicial system must refer such cases as provided in Section 14-1-250.
Renumber sections to conform.
Amend title to conform.
Rep. J. E. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. J. E. JOHNSON explained the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson 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 Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore 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.
On motion of Rep. J. E. JOHNSON, with unanimous consent, it was ordered that H. 3980 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5225 (Word version) -- Reps. Cobb-Hunter and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 12-6-1180 SO AS TO ALLOW AN INCOME TAX DEDUCTION FOR EACH CLINICAL ROTATION SERVED BY A PHYSICIAN, ADVANCED PRACTICE NURSE, OR PHYSICIAN ASSISTANT AS A PRECEPTOR FOR CERTAIN PROGRAMS.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 5225 (Word version) (LC-5225.DG0004H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 12-6-3800(A), (B), and (C) of the S.C. Code is amended to read:
(A) For the purposes of this section:
(1) "Independent institution of higher learning" has the same meaning as provided in Section 59-113-50.
(2) "Medical school-required clinical rotation", "physician assistant program-required clinical rotation", or "advanced practice nursing program-required clinical rotation" means a clinical rotation for a public teaching institution or independent institution of higher learning that:
(a) is established for a student who is enrolled in a South Carolina public teaching institution or an independent institution of higher learning, including:
(i) medical school;
(ii) a physician assistant program; and
(iii) an advanced practice nursing program; and
(b) includes a minimum of one hundred sixty hours of instruction in one of the following clinical settings:
(i) family medicine;
(ii) internal medicine;
(iii) pediatrics;
(iv) obstetrics and gynecology;
(v) emergency medicine;
(vi) psychiatry; or
(vii) general surgery under the guidance of a physician, advanced practice registered nurse, or physician assistant; or
(viii) specialty care including, but not limited to, dermatology, hematology, neurology, and oncology.
(3) "Preceptor" means a physician, advanced practice nurse practitioner, or physician assistant who provides supervision and instruction during student clinical training experiences, is otherwise not compensated for doing so, and provides a minimum of two required clinical rotations within a calendar year.
(B)(1) There is allowed an income tax credit for each clinical rotation a physician serves as the preceptor for a medical school-required clinical rotation, advanced practice nursing program-required clinical rotation, and physician assistant program-required clinical rotation. (2) If at least fifty percent of If the physician's practice consists of a combined total ofincludes Medicaid insured ,or Medicare insured, and self-pay patients, then the credit is equal to one thousand dollars for each rotation served, not to exceed four thousand dollars a year. The provider must be a Medicaid participating provider and have a minimum of at least one hundred Medicaid and Medicare patients combined or be a free clinic.
(3) If at least thirty percent of the physician's practice consists of a combined total of Medicaid insured, Medicare insured, and self-pay patients, then the credit is equal to seven hundred fifty dollars for each rotation served, not to exceed three thousand dollars a year.
(4) If less than thirty percent of the physician's practice consists of a combined total of Medicaid insured, Medicare insured, and self-pay patients, then the credit is disallowed.
(5) The credits allowed by this subsection are not cumulative and may not be combined.
(C)(1) There is allowed an income tax credit for each clinical rotation an advanced practice registered nurse or physician assistant serves as the preceptor for an advanced practice nursing or physician assistant-required clinical rotation. The credit is equal to one thousand dollars for each rotation served, not to exceed four thousand dollars a year. The provider must be a Medicaid participating provider and have a minimum of at least one hundred Medicaid and Medicare patients combined or be a free clinic.
(2) If at least fifty percent of the advanced practice registered nurse's or physician assistant's practice consists of a combined total of Medicaid insured, Medicare insured, and self-pay patients, then the credit is equal to seven hundred fifty dollars for each rotation served, not to exceed three thousand dollars a year.
(3) If at least thirty percent of the advanced practice registered nurse's or physician assistant's practice consists of a combined total of Medicaid insured, Medicare insured, and self-pay patients, then the credit is equal to five hundred dollars for each rotation served, not to exceed two thousand dollars a year.
(4) If less than thirty percent of the advance practice registered nurse's or physician assistant's practice consists of a combined total of Medicaid insured, Medicare insured, and self-pay patients, then the credit is disallowed.
(5) The credits allowed by this subsection are not cumulative and may not be combined.
SECTION 2. Section 4 of Act 45 of 2019 is amended to read:
Section 4. This act takes effect upon approval by the Governor and shall apply to tax years 2020 through 20252029. Section 12-6-3800 and Section 12-6-1140( )12-6-1140(14) are repealed January 1, 20262030.
SECTION 3. This act takes effect upon approval by the Governor and applies to tax years beginning after 2024.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bannister Bauer Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCravy Mitchell J. Moore T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Ott Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thigpen Vaughan Weeks Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Cromer Harris S. Jones Kilmartin May McCabe A. M. Morgan T. A. Morgan O'Neal Pace White
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COBB-HUNTER, with unanimous consent, it was ordered that H. 5225 (Word version) be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5352 (Word version) -- Reps. M. M. Smith, 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, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO HONOR DR. RESHMA KHAN, DIRECTOR OF THE NATIONAL HEALTH SERVICE OF THE ISLAMIC CIRCLE OF NORTH AMERICA (ICNA) RELIEF USA AND FOUNDER OF THE SHIFA FREE CLINIC IN CHARLESTON, FOR HER OUTSTANDING CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5353 (Word version) -- Reps. Wooten, Caskey, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, 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, Wheeler, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR MASTER DEPUTY JACOB SMITH OF THE LEXINGTON COUNTY SHERIFF'S DEPARTMENT UPON BEING RECOGNIZED AS THE 2023 SOUTH CAROLINA LAW ENFORCEMENT OFFICERS ASSOCIATION OFFICER OF THE YEAR.
The Resolution was adopted.
The following was introduced:
H. 5354 (Word version) -- Reps. Connell, 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, 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, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE STOVER MIDDLE SCHOOL WRESTLING TEAM FOR A STELLAR SEASON AND TO CONGRATULATE THE TIGERS ON WINNING THE 2024 MIDDLE SCHOOL STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5355 (Word version) -- Rep. Pendarvis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-1-505 SO AS TO PROVIDE FOR A STIPEND AND PER DIEM FOR SCHOOL BOARD MEMBERS AND TO CREATE A COMMISSION TO REDISTRICT THE BOUNDARIES FOR SCHOOL BOARD MEMBERS; AND BY AMENDING SECTION 1-11-720, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE SCHOOL BOARD MEMBERS.
Referred to Committee on Ways and Means
H. 5356 (Word version) -- Rep. Gilliam: A BILL TO AMEND ACT 171 OF 1976, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO ELIMINATE AN EQUALIZATION FORMULA AND PROVIDE EACH DISTRICT WITH FISCAL AUTONOMY; AND TO SPECIFY THE MANNER IN WHICH THE EQUALIZATION FORMULA APPLIES TO PREVIOUS TAX YEARS.
On motion of Rep. GILLIAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up:
H. 5236 (Word version) -- Reps. Bannister and Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-6-50, RELATING TO RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR A SUCCESSOR AGENCY, SO AS TO MAKE CERTAIN CHANGES CONCERNING MEDICAID CLAIMS PROCESSING CONTRACTS.
Rep. Ott proposed the following Amendment No. 1 to H. 5236 (Word version) (LC-5236.HA0001H)
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 6, Title 44 of the S.C. Code is amended by adding:
Section 44-6-120. Beginning January 1, 2024, an adult sixty-five years of age and younger whose income is at or below one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, is eligible for Medicaid as provided for in the "Patient Protection and Affordable Care Act" (P.L. No. 111-148), and amendments to that act.
Renumber sections to conform. Amend title to conform.
Rep. OTT explained the amendment.
Rep. B. NEWTON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 5235 (Word version) -- Reps. Bannister and Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 43-7-465, RELATING TO INSURERS PROVIDING COVERAGE TO PERSONS RECEIVING MEDICAID, SO AS TO COMPORT WITH THE FEDERAL CONSOLIDATED APPROPRIATIONS ACT OF 2022.
Rep. Ott proposed the following Amendment No. 1 to H. 5235 (Word version) (LC-5235.HA0001H) :
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 6, Title 44 of the S.C. Code is amended by adding:
Section 44-6-120. Beginning January 1, 2024, an adult sixty-five years of age and younger whose income is at or below one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, is eligible for Medicaid as provided for in the "Patient Protection and Affordable Care Act" (P.L. No. 111-148), and amendments to that act.
Renumber sections to conform. Amend title to conform.
Rep. OTT explained the amendment.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Weeks Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Bannister Beach Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins B. J. Cox B. L. Cox Crawford Cromer Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson 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 Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Thayer Vaughan West White Whitmire Willis Wooten Yow
So, the House refused to waive Rule 5.10, pursuant to Rule 5.15.
The following Bill was taken up:
H. 5230 (Word version) -- Rep. Wooten: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-8-10, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE THE ATTORNEY GENERAL OF THIS STATE IN THE DEFINITION OF "SOLICITOR" AND TO MAKE THE NECESSARY PROVISIONS FOR THE ATTORNEY GENERAL TO BECOME A MEMBER OF THE SYSTEM; AND BY AMENDING SECTION 9-8-40, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW THE ATTORNEY GENERAL SERVING ON JULY 1, 2024, TO ELECT TO BECOME A MEMBER.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 5310 (Word version) -- Reps. Murphy, G. M. Smith, Bannister, Brewer, Caskey, Gatch, Guest, J. E. Johnson, Mitchell, W. Newton, Robbins, Rose, Rutherford, Sandifer, Stavrinakis, West and Whitmire: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS SO AS TO EXEMPT A PORTION OF THE VALUE OF AIRCRAFT OF AN AIRLINE COMPANY; AND BY AMENDING SECTION 12-37-2440, RELATING TO THE VALUATION OF AIRCRAFT, SO AS TO SPECIFY THE MANNER IN WHICH TIME ON THE GROUND IS CALCULATED.
Rep. HIOTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4622 (Word version) -- Reps. Sessions, J. L. Johnson, Pope, Guffey, Mitchell, King and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO ITEMIZED PATIENT BILLING FOR HEALTH CARE SERVICES AND SUPPLIES.
Rep. KIRBY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 5183 (Word version) -- Reps. M. M. Smith, West, Hewitt, Chapman, B. Newton, Hiott, Sessions, Pope, Davis, Gagnon, Thayer and Carter: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-47-20, RELATING TO THE DEFINITION OF A CERTIFIED MEDICAL ASSISTANT, SO AS TO REVISE THE REQUIRED QUALIFICATIONS FOR CERTIFICATION; AND BY AMENDING SECTION 40-47-196, RELATING TO THE DELEGATION OF NURSING TASKS TO UNLICENSED ASSISTIVE PERSONNEL BY CERTAIN MEDICAL PROFESSIONALS, SO AS TO DESIGNATE ADDITIONAL TASKS THAT MAY BE DELEGATED.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 5183 (Word version) (LC-5183.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 40-47-20(57) and inserting:
(57) "Certified medical assistant" or "CMA" means a person who: is a graduate of a post-secondary medical assisting education program accredited by the National Healthcare Association, or its successor; by the Committee on Allied Health Education and Accreditation of the American Medical Association, or its successor; by the Accrediting Bureau of Health Education Schools, or its successor; or by any accrediting agency recognized by the United States Department of Education. The accredited post-secondary medical assisting education program must include courses in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience. A certified medical assistant must maintain current certification from the certifying board of the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, or any other recognized certifying body approved by the Board of Medical Examiners
(1) has completed:
(a) a medical assisting education program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor, by the Accrediting Bureau of Health Education Schools or its successor, or by any accrediting agency recognized by the United States Department of Education, and which must include courses or components in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience, provided the clinical experience component may be satisfied through an individual's work experience with a health care employer;
(b) a Career and Technical Education Health Sciences Program approved by the South Carolina Department of Education;
(c) a medical assisting program provided by a branch of the United States military;
(d) a medical assisting United States Department of Labor-approved Registered Apprenticeship program; or
(e) a training program that is delivered, in whole or in part, by a health care employer that aligns to a nationally accredited certification exam; and
(2) a person who has complied with the provisions of subitem (1) and maintains current certification from a certifying body offering a certification program that is:
(a) approved by the Board of Medical Examiners and the Board of Nursing; and
(b) is accredited by the National Commission for Certifying Agencies or other accreditation body recognized by the Board of Medical Examiners and the Board of Nursing. The term "certified medical assistant" or "CMA" also includes medical assistants who have maintained certification from one of the certifying entities in item (2) of this section since January 1, 2020 and individuals employed as certified medical assistants as of the effective date of this act who do not meet the education or training requirements required in this item, but who meet those requirements no later than July 15, 2026.
Amend the bill further, SECTION 2, by deleting Section 40-47-196(C)(1)(j).
Renumber sections to conform.
Amend title to conform.
Rep. M. M. SMITH explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager 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 Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore 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.
On motion of Rep. M. M. SMITH, with unanimous consent, it was ordered that H. 5183 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4867 (Word version) -- Reps. Lawson, Hayes, G. M. Smith, Moss, Hiott, Blackwell, B. L. Cox, Caskey, M. M. Smith, Hart, Sandifer, J. E. Johnson, Brittain and Bauer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-23-45 SO AS TO REQUIRE ALL 911 TELECOMMUNICATORS THAT PROVIDE DISPATCH FOR EMERGENCY MEDICAL CONDITIONS TO BE TRAINED IN HIGH-QUALITY TELECOMMUNICATOR CARDIOPULMONARY RESUSCITATION (T-CPR).
Rep. WILLIAMS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HAYES moved to waive Rule 5.10 pursuant to Rule 5.15, which was agreed to by a division vote of 72 to 26.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4867 (Word version) (LC-4867.CM0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-23-45(A) and inserting:
(A) Beginning January 1, 2025, all 911 telecommunicators that provide dispatch for emergency medical conditions shall be required to be trained, utilizing the most current nationally recognized cardiovascular care guidelines, in high quality T-CPR. The instruction shall incorporate recognition protocols for out-of-hospital cardiac arrest (OHCA), compression-only CPR instruction for callers, and continuous education which must be completed on an annual basis.
Amend the bill further, SECTION 1, by striking Section 23-23-45(D) and inserting:
(D) Neither telecommunicators that provide dispatch for emergency medical conditions who have completed the training specified in subsection (A) nor the State or the agency, political subdivision, or governmental entity employing such telecommunicators shall be liable for any civil damages for any personal injury arising from the provision of CPR instructions to 911 callers except acts or omissions amounting to gross negligence or willful or wanton misconduct. Any civil cause of action for damages arising from the provision of T-CPR instructions and brought against the State, an agency, a political subdivision, or a governmental entity and its employee acting within the scope of his official duty must be brought pursuant to the South Carolina Tort Claims Act, Chapter 78, Title 15.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 23-23-10(E) of the S.C. Code is amended to read:
(E) As contained in this chapter:
(1) "Law enforcement officer" means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(2) "Council" means the South Carolina Law Enforcement Training Council created by this chapter.
(3) "Academy" means the South Carolina Criminal Justice Academy created by this chapter.
(4) "Director" means the Director of the South Carolina Criminal Justice Academy.
(5) "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA)".
Renumber sections to conform.
Amend title to conform.
Rep. M. M. SMITH explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henderson-Myers Henegan 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 Magnuson 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 Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore 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.
On motion of Rep. M. M. SMITH, with unanimous consent, it was ordered that H. 4867 (Word version) be read the third time tomorrow.
The SPEAKER granted Rep. MURPHY a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 4953 (Word version) -- Reps. B. J. Cox, Davis, M. M. Smith, Bustos, Hart, Williams, Henegan, Caskey, Jefferson, J. Moore and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-11-80, RELATING TO STATE VETERANS' CEMETERIES, SO AS TO REMOVE A RESIDENCY REQUIREMENT.
Rep. B. J. COX explained the Bill.
Rep. FELDER moved to adjourn debate on the Bill.
Rep. HART moved to table the motion, which was agreed to.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager 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 McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
Felder
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. B. J. COX, with unanimous consent, it was ordered that H. 4953 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4934 (Word version) -- Reps. Mitchell, Gilliam, Pace, Yow, Murphy, Guffey, Pope, Sandifer, Hart and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-7-90, RELATING TO LEAVES OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES IN NATIONAL GUARD OR RESERVE MILITARY FORCES, SO AS TO PROVIDE THAT CERTAIN STATE EMPLOYEES RECEIVE FORTY-FIVE DAYS OF PAID MILITARY LEAVE EACH YEAR.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4934 (Word version) (LC-4934.DG0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 8-7-90, by striking the first undesignated paragraph and inserting:
All officers and employees of this State or a political subdivision of this State, including school districts, who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, or the United States Coast Guard Reserve are entitled to leaves of absence from their respective duties without loss of pay, time, or efficiency rating for one or more periods not exceeding an aggregate of fifteen thirty regularly scheduled work days in any one year during which they may engage in training or any other duties ordered by the Governor, the Department of Defense, the Department of the Army, the Department of the Air Force, the Department of the Navy, the Department of the Treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. Saturdays, Sundays, and state holidays may not be included in the fifteenthirty-day aggregate unless the particular Saturday, Sunday, or holiday to be included is a regularly scheduled work day for the officer or employee involved. In the event any such person is called upon to serve during an emergency he is entitled to such leave of absence for not exceeding thirty additional days.
Renumber sections to conform.
Amend title to conform.
Rep. B. J. COX explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. B. J. COX, with unanimous consent, it was ordered that H. 4934 (Word version) be read the third time tomorrow.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up:
H. 4681 (Word version) -- Reps. M. M. Smith, Henegan, Chapman and Hartnett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-1-230, RELATING TO THE FIRST RESPONDERS ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF COMMITTEE MEMBERS FROM NINE TO TEN BY ADDING A PERSON WHO REPRESENTS THE SOUTH CAROLINA CORONERS' ASSOCIATION AS A MEMBER.
Rep. BUSTOS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. 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 Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Vaughan Weeks West Wetmore 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.
On motion of Rep. BUSTOS, with unanimous consent, it was ordered that H. 4681 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5169 (Word version) -- Reps. Haddon, G. M. Smith, Hiott, Taylor, Hixon, Forrest, Wooten, Crawford, Gibson, Hartnett, Robbins, Sessions, Mitchell, T. Moore, Gilliam, Brewer, Ligon, Bradley, Brittain, Guest, B. L. Cox, Long, Chapman, J. E. Johnson, Burns, O'Neal, Vaughan, McCravy, Davis, Nutt, Trantham, Hyde, McGinnis, Hardee, Bailey, S. Jones, Guffey, West, Schuessler, Gatch, Gagnon, Herbkersman, Lawson, Moss, Murphy, Chumley, Carter, Magnuson, M. M. Smith, Pope, Cromer, Oremus and Beach: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 46 BY ENACTING THE "FARMERS PROTECTION ACT" TO PREVENT DISCRIMINATION IN FINANCING AGAINST FARMERS.
The Committee on Agriculture, Natural Res. and Environmental Affairs proposed the following Amendment No. 1 to H. 5169 (Word version) (LC-5169.PH0006H), which was adopted:
Amend the bill, by deleting all after the title but before the enacting words.
Amend the bill further, SECTION 1, by striking Section 46-1-310(1) and inserting:
(1) "Agriculture producer" means a person or company authorized to do business in South Carolina and engaged in the production of goods derived from plants or animals including, but not limited to, the growing of crops, animal husbandry, or the production of livestock or dairy products.
Amend the bill further, SECTION 1, by striking Section 46-1-310(3), (4), (5), (6), and (7) and inserting:
(3) "Company" means a for-profit organization, association, corporation, partnership, joint venture, sole proprietorship, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations authorized to do business in South Carolina.
(4) "Denies or restricts" means refusing to provide services, terminating existing services, or restricting or burdening the scope or nature of services offered or provided.
(5) "Discriminate in the provision of financial services" means to deny or restrict services and thereby decline to provide financial services.
(6) "ESG commitment" means any purpose for a financial institution's customers, or a financial institution's decision to join any initiative or organization that has a purpose for its signatories' or members' customers to be aligned with any environmental, social, or political goals to deny agriculture producers financial services based on these institutions' policies on greenhouse gas emissions, use of fossil fuel-derived fertilizers, or fossil fuel-powered machinery by these agriculture producers. Evidence of an ESG commitment includes, but is not limited to, any of the following:
(a) advertising, statements, explanations, reports, or statements of principles; and
(b) participation in, affiliation with, or status as a signatory to, any coalition, initiative, joint statement of principles, or agreement the purpose of which is to use business activity to further environmental, social, or political goals.
(7) "Financial institution" means a company authorized to do business in South Carolina that has total assets over one hundred billion dollars and offers financial services. A financial institution includes any affiliate or subsidiary company, even if that affiliate or subsidiary company is also a financial institution.
Amend the bill further, SECTION 1, by striking Section 46-1-320(B) and (C) and inserting:
(B) If a financial institution has made any ESG commitment related to agriculture, there is an inference that the institution's denial or restriction of a financial service to an agriculture producer violates subsection (A).
(C) A financial institution may overcome the inference in subsection (B) by demonstrating that its denial or restriction of a financial service was based solely on documented financial considerations, and not on any ESG commitment.
Amend the bill further, SECTION 1, by striking Section 46-1-330 and inserting:
Section 46-1-330. Section 43-1-320 may be enforced by the South Carolina Attorney General. Any violation of Section 46-1-320 constitutes an unfair trade practice in violation of Chapter 5, Title 39, and the Attorney General may investigate and seek remedies as provided in that law.
Renumber sections to conform.
Amend title to conform.
Rep. HADDON explained the amendment.
Rep. HADDON continued speaking.
Rep. HADDON continued speaking.
Rep. HADDON 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:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager 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 T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore 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.
On motion of Rep. HADDON, with unanimous consent, it was ordered that H. 5169 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4289 (Word version) -- Reps. McGinnis, Erickson, Ballentine, Murphy, Brewer, Robbins, Gatch, Mitchell, Yow, Cromer, Beach, Pace, Taylor, Guffey, Magnuson, Burns, Kilmartin, Chapman, Gagnon, Forrest, Oremus and Hixon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-680 SO AS TO PROVIDE THAT A PUBLIC INSTITUTION OF HIGHER LEARNING MAY NOT CONDITION OR PROMISE ADMISSIONS OR BENEFITS TO CERTAIN APPLICANTS FOR CERTAIN SUPPORT OR DISAGREEMENTS WITH CERTAIN STATEMENTS REGARDING DIVERSITY, EQUITY, INCLUSION, OR ASSOCIATED ISSUES.
Rep. Erickson proposed the following Amendment No. 119 to H. 4289 (Word version) (LC-4289.WAB0127H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-101-680(D) and inserting:
(D) A public institution of higher learning shall not require a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion. A public institution of higher learning shall not take an adverse employment action against a faculty member or employee of the institution for the faculty member's or employee's failure or refusal to participate in such training or program.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON 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:
Bailey Bannister Beach Blackwell Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Harris Hartnett Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Pendarvis Rivers Rose Rutherford Stavrinakis Thigpen Weeks Wetmore Wheeler Williams
So, the Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up:
H. 5118 (Word version) -- Reps. G. M. Smith, West, Davis, Hager, Hewitt, Kirby, Long, M. M. Smith, B. Newton, Pendarvis, Sandifer, Hiott, Landing, Crawford, Brittain, Lawson, Williams, Whitmire, Jefferson, Bustos, Hartnett, Carter, Blackwell, Neese, W. Newton, Bradley, Erickson, Murphy, Brewer, Yow, Mitchell, Connell, Jordan, Thayer, Elliott, Wooten, Pedalino, Bailey, T. Moore, McGinnis, Gatch, Ligon, Gagnon, Hardee, B. L. Cox, Chapman, Leber, Anderson, Bannister, Calhoon, Felder, Hixon, Lowe, Taylor, Thigpen, Willis and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA TEN-YEAR ENERGY TRANSFORMATION ACT"; BY AMENDING SECTION 58-3-20, RELATING TO THE MEMBERSHIP, ELECTION, AND QUALIFICATIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CHANGE THE NUMBER OF COMMISSIONERS FROM SEVEN TO THREE TO BE ELECTED BY THE GENERAL ASSEMBLY FROM THE STATE AT LARGE; BY AMENDING SECTION 58-3-140, RELATING TO THE PUBLIC SERVICE COMMISSION'S POWERS TO REGULATE PUBLIC UTILITIES, SO AS TO ESTABLISH CONSIDERATIONS AND STATE POLICY FOR THE COMMISSION'S DECISION-MAKING PROCESS, TO ESTABLISH A SCHEDULE FOR CERTAIN TESTIMONY AND DISCOVERY IN CONTESTED PROCEEDINGS, TO PERMIT ELECTRICAL UTILITY CUSTOMERS TO ADDRESS THE COMMISSION AS PUBLIC WITNESSES, AND TO ESTABLISH REQUIREMENTS FOR AN INDEPENDENT THIRD PARTY CONSULTANT HIRED BY THE COMMISSION; BY AMENDING SECTION 58-3-250, RELATING TO SERVICE OF ORDERS AND DECISIONS ON PARTIES, SO AS TO MAKE A TECHNICAL CHANGE; BY AMENDING SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF AND ITS REPRESENTATION OF PUBLIC INTEREST BEFORE THE COMMISSION, SO AS TO ESTABLISH ITS CONSIDERATIONS FOR PUBLIC INTEREST; BY ADDING SECTION 58-4-150 SO AS TO REQUIRE THE OFFICE OF REGULATORY STAFF TO PREPARE A COMPREHENSIVE STATE ENERGY ASSESSMENT AND ACTION PLAN AND TO ESTABLISH REQUIREMENTS FOR THIS PLAN; BY ADDING CHAPTER 38 TO TITLE 58 SO AS TO ESTABLISH THE SOUTH CAROLINA ENERGY POLICY INSTITUTE; BY ADDING SECTION 58-33-195 SO AS TO ENCOURAGE DOMINION ENERGY, THE PUBLIC SERVICE AUTHORITY, DUKE ENERGY CAROLINAS, AND DUKE ENERGY PROGRESS TO EVALUATE CERTAIN ELECTRICAL GENERATION FACILITIES AND PROVIDE FOR CONSIDERATIONS RELATED TO THESE FACILITIES; BY ADDING SECTION 58-31-205 SO AS TO PERMIT THE PUBLIC SERVICE AUTHORITY TO JOINTLY OWN ELECTRICAL GENERATION AND TRANSMISSION FACILITIES WITH INVESTOR-OWNED ELECTRIC UTILITIES, AND TO PROVIDE REQUIREMENTS FOR JOINT OWNERSHIP; BY AMENDING SECTION 58-27-650, RELATING TO REASSIGNMENT OF ELECTRIC SUPPLIERS' SERVICE AREAS, SO AS TO PERMIT THE COMMISSION TO APPROVE A REQUEST FOR ANY ELECTRIC SUPPLIER TO SERVE ANY TRANSFORMATIONAL ECONOMIC DEVELOPMENT PROJECT CUSTOMER UNDER CERTAIN CONDITIONS; BY AMENDING ARTICLE 9 OF CHAPTER 7, TITLE 13, RELATING TO THE GOVERNOR'S NUCLEAR ADVISORY COUNCIL, SO AS TO AS ESTABLISH THE COUNCIL IN THE OFFICE OF REGULATORY STAFF, TO PROVIDE FOR ITS DUTIES AND MEMBERSHIP, AND TO PROVIDE FOR THE COUNCIL'S DIRECTOR; BY AMENDING SECTION 37-6-604, RELATING TO THE CONSUMER ADVOCATE'S INTERVENTION ON MATTERS FILED AT THE COMMISSION, SO AS TO TRANSFER THESE DUTIES TO THE OFFICE OF REGULATORY STAFF; BY ADDING SECTION 58-33-196 SO AS TO ENCOURAGE CONSIDERATION OF DEPLOYMENT OF NUCLEAR FACILITIES AND TO PROVIDE RELATED REQUIREMENTS; BY ADDING SECTION 58-37-70 SO AS TO PERMIT A SMALL MODULAR NUCLEAR PILOT PROGRAM AND TO ESTABLISH REQUIREMENTS; BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 58 SO AS TO PROVIDE FOR STATE AGENCY REVIEW OF ENERGY INFRASTRUCTURE PROJECT APPLICATIONS AND TO PROVIDE A SUNSET; BY AMENDING SECTION 58-40-10, RELATING TO THE DEFINITION OF "CUSTOMER-GENERATOR", SO AS TO ESTABLISH CHARACTERISTICS FOR A "CUSTOMER-GENERATOR"; BY AMENDING SECTION 58-41-30, RELATING TO VOLUNTARY RENEWABLE ENERGY PROGRAMS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS AND CONSIDERATIONS FOR THESE PROGRAMS; BY AMENDING SECTION 58-41-10, RELATING TO DEFINITIONS, SO AS TO ADD THE DEFINITION OF "ENERGY STORAGE FACILITIES"; BY AMENDING SECTION 58-41-20, RELATING TO PROCEEDINGS FOR ELECTRICAL UTILITIES' AVOIDED COST METHODOLOGIES AND RELATED PROCESSES, SO AS TO AUTHORIZE COMPETITIVE PROCUREMENT PROGRAMS FOR RENEWABLE ENERGY, CAPACITY, AND STORAGE, TO PERMIT COMPETITIVE PROCUREMENT OF NEW RENEWABLE ENERGY CAPACITY AND ESTABLISH REQUIREMENTS FOR NON-COMPETITIVE PROCUREMENT PROGRAMS, AND TO DELETE LANGUAGE REGARDING THE COMMISSION HIRING THIRD-PARTY EXPERTS FOR THESE PROCEEDINGS; BY ADDING SECTION 58-41-25 SO AS TO PROVIDE FOR A PROCESS FOR COMPETITIVE PROCUREMENT OF RENEWABLE ENERGY FACILITIES; BY AMENDING SECTION 58-33-20, RELATING TO DEFINITIONS, SO AS TO ADD THE DEFINITION "LIKE FACILITY"; BY AMENDING ARTICLE 3 OF CHAPTER 33, TITLE 58, RELATING TO CERTIFICATION OF MAJOR UTILITY FACILITIES, SO AS TO PROVIDE FOR A LIKE FACILITY, TO ESTABLISH REQUIREMENTS AND CONSIDERATIONS FOR PROPOSED FACILITIES, TO PROVIDE WHAT ACTIONS MAY BE TAKEN WITHOUT PERMISSION FROM THE COMMISSION, AND TECHNICAL CHANGES; BY AMENDING SECTION 58-37-40, RELATING TO INTEGRATED RESOURCES PLANS, SO AS TO ADD CONSIDERATION OF A UTILITY'S TRANSMISSION AND DISTRIBUTION RESOURCE PLAN, TO ESTABLISH PROCEDURAL REQUIREMENTS AND EVALUATION BY THE COMMISSION, AND REQUIRE PARTIES TO BEAR THEIR OWN COSTS; BY AMENDING SECTION 58-3-260, RELATING TO COMMUNICATIONS BETWEEN THE COMMISSION AND PARTIES, SO AS TO MODIFY REQUIREMENTS FOR ALLOWABLE EX PARTE COMMUNICATIONS AND BRIEFINGS, AND TO PERMIT COMMISSION TOURS OF UTILITY PLANTS OR OTHER FACILITIES UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 58-3-270, RELATING TO EX PARTE COMMUNICATION COMPLAINT PROCEEDINGS AT THE ADMINISTRATIVE LAW COURT, SO AS TO PERMIT AN ORDER TOLLING ANY DEADLINES ON A PROCEEDING SUBJECT TO A COMPLAINT TO THE EXTENT THE PROCEEDING WAS PREJUDICED SO THAT THE COMMISSION COULD NOT CONSIDER THE MATTER IMPARTIALLY; BY ADDING CHAPTER 43 TO TITLE 58 SO AS TO ESTABLISH ECONOMIC DEVELOPMENT RATES FOR ELECTRICAL UTILITIES; BY AMENDING SECTION 58-33-310, RELATING TO AN APPEAL FROM A FINAL ORDER OR DECISION OF THE COMMISSION, SO AS TO REQUIRE A FINAL ORDER ISSUED PURSUANT TO CHAPTER 33, TITLE 58 BE IMMEDIATELY APPEALABLE TO THE SOUTH CAROLINA SUPREME COURT AND TO PROVIDE FOR AN EXPEDITED HEARING; BY AMENDING SECTION 58-33-320, RELATING TO JOINT HEARINGS AND JOINT INVESTIGATIONS, SO AS TO MAKE A CONFORMING CHANGE; BY ADDING SECTION 58-4-160 SO AS TO REQUIRE THE OFFICE OF REGULATORY STAFF TO CONDUCT A STUDY TO EVALUATE ESTABLISHING A THIRD-PARTY ADMINISTRATOR FOR ENERGY EFFICIENCY AND DEMAND-SIDE MANAGEMENT PROGRAMS; BY AMENDING SECTION 58-37-10, RELATING TO DEFINITIONS, SO AS TO ADD A REFERENCE TO "DEMAND-SIDE MANAGEMENT PROGRAM" AND PROVIDE DEFINITIONS FOR "COST-EFFECTIVE" AND "DEMAND-SIDE MANAGEMENT PILOT PROGRAM"; BY AMENDING SECTION 58-37-20, RELATING TO COMMISSION PROCEDURES ENCOURAGING ENERGY EFFICIENCY PROGRAMS, SO AS TO EXPAND COMMISSION CONSIDERATIONS FOR COST-EFFECTIVE DEMAND-SIDE MANAGEMENT PROGRAMS, AND REQUIRE EACH INVESTOR-OWNED ELECTRICAL UTILITY TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION REGARDING ITS DEMAND-SIDE MANAGEMENT PROGRAMS; BY AMENDING SECTION 58-37-30, RELATING TO REPORTS ON DEMAND-SIDE ACTIVITIES, SO AS TO MAKE A CONFORMING CHANGE; BY ADDING SECTION 58-37-35 SO AS TO PERMIT PROGRAMS AND CUSTOMER INCENTIVES TO ENCOURAGE OR PROMOTE DEMAND-SIDE MANAGEMENT PROGRAMS FOR CUSTOMER SITED DISTRIBUTION RESOURCES, AND TO PROVIDE CONSIDERATIONS FOR THESE PROGRAMS; BY AMENDING SECTION 58-37-50, RELATING TO AGREEMENTS FOR ENERGY EFFICIENCY AND CONSERVATION MEASURES, SO AS TO ESTABLISH CERTAIN TERMS AND RATE RECOVERY FOR AGREEMENTS FOR FINANCING AND INSTALLING ENERGY EFFICIENCY AND CONSERVATION MEASURES, AND FOR APPLICATION TO A RESIDENCE OCCUPIED BEFORE THE MEASURES ARE TAKEN; BY ADDING SECTION 58-31-215 SO AS TO AUTHORIZE THE PUBLIC SERVICE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF COMMERCE, TO SERVE AS AN ANCHOR SUBSCRIBER OF NATURAL GAS AND PIPELINE CAPACITY FOR THIS STATE, TO ESTABLISH THE "ENERGY INVESTMENT AND ECONOMIC DEVELOPMENT FUND", AND TO PROVIDE FOR RELATED REQUIREMENTS; BY AMENDING SECTION 58-3-70, RELATING TO COMPENSATION OF PUBLIC SERVICE COMMISSION MEMBERS, SO AS TO ESTABLISH SALARIES IN AMOUNTS EQUAL TO NINETY-SEVEN AND ONE-HALF PERCENT OF SUPREME COURT ASSOCIATE JUSTICES.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Collins Connell B. J. Cox B. L. Cox Crawford Cromer Elliott Erickson Felder Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hartnett Hayes Herbkersman Hewitt Hiott Hixon Howard Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Vaughan Weeks West Wheeler White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Bauer Bernstein Cobb-Hunter Dillard Garvin Hart Henderson-Myers Henegan Hosey W. Jones King McDaniel Ott Pendarvis Rivers Rose Rutherford Stavrinakis Thigpen Wetmore Williams
So, the Bill was read the third time and ordered sent to the Senate.
I inadvertently voted in favor of H. 5118 (Word version). I intended to vote against the Bill.
Rep. William Clyburn
I was temporarily out of the Chamber on constituent business during the vote on H. 5118 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Thomas Beach
March 27, 2024
The Honorable Charles Reid
Clerk of the South Carolina House of Representatives
213 Blatt Bldg.
Columbia, SC 29201
Dear Clerk Reid,
I am notifying you in accordance with S.C. Code Ann. Section 8-13-700 of the SC Code, I hereby recuse myself from voting on H. 5118 (Word version), relating to the "South Carolina Ten-Year Energy Transformation Act" out of an abundance of caution. I will abstain from this vote because of a potential conflict of interest, as an economic interest of myself and the business with which I am associated may be affected. Please note this in the House Journal.
Sincerely,
Rep. Heath Sessions
March 27, 2024
The Honorable Charles Reid
Clerk of the South Carolina House of Representatives
213 Blatt Bldg.
Columbia, SC 29201
Dear Clerk Reid,
I am notifying you in accordance with S.C. Code Ann. Section 8-13-700 of the SC Code, I hereby recuse myself from voting on H. 5118 (Word version), relating to the "South Carolina Ten-Year Energy Transformation Act" out of an abundance of caution. I will abstain from this vote because of a potential conflict of interest, as an economic interest of myself and the business with which I am associated may be affected. Please note this in the House Journal.
Sincerely,
Rep. Gil Gatch
The motion period was dispensed with on motion of Rep. FORREST.
The following Bill was taken up:
H. 4158 (Word version) -- Reps. Pendarvis, M. M. Smith, Bauer, King, Henderson-Myers, Gilliard, Rivers, Jefferson, Henegan and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4158 (Word version) (LC-4158.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350 and inserting:
Section 27-40-350 (A) If a residential tenant is a protected tenant, the tenant may:
(1) terminate the protected tenant's obligations under a rental agreement within sixty days of the date of the documented qualifying incident; and
(2) not be held liable for penalties or fees that might otherwise be imposed for the termination of the protected tenant's obligations under a rental agreement within sixty days of the documented qualifying incident.
(B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident and is entitled to remain at the residence for at least thirty days following the submission of the notice to the landlord. The protected tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement, during the thirty days before the termination of the protected tenant's obligations under a rental agreement.
(C) The protected tenant's obligations as a tenant must continue through the effective date of the termination. Any cotenants on the lease with the protected tenant shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement with five days' written notice and collect actual damages for such termination against the perpetrator.
(D) A landlord:
(1) may not require or force the protected tenant to vacate the residence before the expiration of the thirty days authorized by this section, but may enter into an agreement with the protected tenant to terminate the protected tenant's obligations under a rental agreement earlier than what is required pursuant to this section; and
(2) is entitled to all remedies available arising from the destruction or damage of the rental unit caused by the protected tenant or permitted by the protected tenant while on the premises with the protected tenant's permission.
(E) A landlord may not take any retaliatory action against a protected tenant in response to the early termination of the protected tenant's obligations under a rental agreement pursuant to this section.
(F) A landlord may not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on:
(1) the tenant, applicant, or a household member's status as a protected tenant; or
(2) the tenant or applicant having terminated a rental agreement under Section 27-40-350.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 27-40-210 of the S.C. Code is amended by adding:
(19) "Protected tenant" means a tenant or household member who is a victim of a qualifying incident.
(20) "Qualifying Incident" means domestic abuse or violence as defined by Chapter 4 of Title 20 or Chapter 25 of Title 16 wherein both the victim and the perpetrator are leaseholders on the same property and the domestic abuse or violence is documented by law enforcement, court, or other federal or state agency records or files.
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
The amendment was then adopted.
Rep. Robbins proposed the following Amendment No. 2 to H. 4158 (Word version) (LC-4158.VR0002H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 27-40-210(20) and inserting:
(20) "Qualifying Incident" means domestic abuse or violence as defined by Chapter 4 of Title 20 or Chapter 25 of Title 16 wherein both the victim and the perpetrator are leaseholders on the same property, and the domestic abuse or violence is documented by a restraining order or an order of protection or the perpetrator has been convicted of the domestic violence or abuse.
Renumber sections to conform.
Amend title to conform.
Rep. ROBBINS explained the amendment.
The amendment was then adopted.
Rep. Rose proposed the following Amendment No. 4 to H. 4158 (Word version) (LC-4158.SA0006H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350(B) and inserting:
(B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident provided the protected tenant relinquishes all legal rights of possession to the premises. The protected tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement.
Renumber sections to conform.
Amend title to conform.
Rep. ROSE explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Lowe Magnuson McCravy McDaniel McGinnis Mitchell J. Moore T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Burns Chumley Harris S. Jones Long May McCabe A. M. Morgan T. A. Morgan Rutherford
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BERNSTEIN, with unanimous consent, it was ordered that H. 4158 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5066 (Word version) -- Reps. Elliott, G. M. Smith, W. Newton, Bailey, Wheeler, T. Moore, Taylor, Hixon, Oremus, Blackwell, Schuessler, Stavrinakis, Wetmore, Bradley, Erickson, Hyde, Ballentine, Calhoon, Crawford, Guest and M. M. Smith: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 103 TO TITLE 38 ENTITLED THE "FAIR ACCESS TO INSURANCE REQUIREMENTS" SO AS TO PROVIDE AN AFFORDABLE OPTION TO PROVIDE LIQUOR LIABILITY INSURANCE TO ANY PERSON OR BUSINESS REQUIRED TO MAINTAIN SUCH A POLICY, TO CREATE THE AFFORDABLE LIQUOR LIABILITY FUND TO AID IN THE FUNDING OF THE PROGRAM, AND TO PROVIDE THAT THE EXCISE TAX ON ALCOHOLIC LIQUOR BY THE DRINK MUST BE CREDITED TO THE FUND IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 12-33-245, RELATING TO THE EXCISE TAX, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 61-2-145, RELATING TO LIABILITY INSURANCE COVERAGE REQUIREMENTS, SO AS TO PROVIDE FOR A LIQUOR LIABILITY RISK MITIGATION PROGRAM; AND TO PROVIDE THAT THE INSURANCE RESERVE FUND IS AUTHORIZED TO PROVIDE A START-UP LOAN TO THE FUND.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 5066 (Word version) (LC-5066.PH0005H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 38-90-20(A) of the S.C. Code is amended to read:
(A) A captive insurance company, when permitted by its articles of incorporation, articles of organization, operating agreement, or charter, may apply to the director for a license to provide any and all insurance, except workers' compensation insurance written on a direct basis, authorized by this title; including without limitation liquor liability insurance; however:
(1) a pure captive insurance company may not insure any risks other than those of its parent, affiliated companies, controlled unaffiliated business, risks assumed from a risk pool for the purpose of risk sharing, or a combination of them;
(2) an association captive insurance company may not insure any risks other than those of the member organizations of its association and their affiliated companies;
(3) an industrial insured captive insurance company may not insure any risks other than those of the industrial insureds that comprise the industrial insured group and their affiliated companies;
(4) a special purpose captive insurance company may provide insurance or reinsurance, or both, for risks as approved by the director;
(5) a captive insurance company may not provide personal motor vehicle or homeowner's insurance coverage written on a direct basis;
(6) a captive insurance company may not accept or cede reinsurance except as provided in Section 38-90-110.
SECTION 2. Section 61-2-60 of the S.C. Code is amended by adding:
(9) regulations governing the development, implementation, education, and enforcement of responsible alcohol server training positions.
SECTION 3. Section 61-2-145 of the S.C. Code is amended to read:
Section 61-2-145. (A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coveragewith an annual aggregate limit of at least one million dollars during the period of the biennial permit or license, unless the person licensed or permitted to sell alcoholic beverages qualifies unde the terms of a liquor liability risk mitigation program pursuant to subsection (E). Failure to maintain this coverage during the period of the biennial permit or license constitutes grounds for suspension or revocation of the permit or license and is sufficient grounds for the department to seek an emergency revocation order as provided in Sections 12-60-1340 and 1-23-370(c). An insurance policy issued pursuant to this section must provide for minimum coverage of at least fifty percent of the total aggregate limit, per occurrence, given rise to the claim.
(B) The department shall add this requirement to all applications and renewals for biennial permits or licenses to sell alcoholic beverages for on-premises consumption, in which the permittees and licensees remain open and sell alcoholic beverages for on-premises consumption after five o'clock p.m. Each applicant or person renewing its license or permit, to whom this requirement applies, shall provide the department with documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.
(C) Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed or permitted to sell alcoholic beverages for on-premises consumption, in which the person so licensed or permitted remains open to sell alcoholic beverages for on-premises consumption after five o'clock p.m., must notify the department in a manner prescribed by department regulation of the lapse or termination of the liquor liability insurance policy or the general liability insurance policy with a liquor liability endorsement.
(D) For the purposes of this section, the term "alcoholic beverages" means beer, wine, alcoholic liquors, and alcoholic liquor by the drink as defined in Chapter 4, Title 61, and Chapter 6, Title 61.
(E) A person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, may qualify for liquor liability risk mitigation. A person qualifies if the person:
(1) stops serving alcohol by twelve o-clock a.m.. A person meeting the requirements of this item may reduce the required annual aggregate limit by one hundred thousand dollars, and an additional one hundred thousand dollars for each hour earlier until six o'clock p.m.;
(2) completes an alcohol server training course pursuant to Title 61, Chapter 3;
(3) has less than forty percent of its total sales deriving from alcohol sales; or
(4) is a nonprofit organization which is exempt from taxation pursuant to Section 501(c) of Title 26 of United States Code, as amended, or the entity is engaging in a single event for which a Beer and Wine Special Event License or Liquor Special Event Permit is obtained.
(5) A person meeting the requirements of items (2) or (3) may reduce the required annual aggregate limit by one hundred thousand dollars each. An entity meeting the requirements of item (4) may reduce the annual aggregate limit by five hundred thousand dollars. A person complying with any combination of items (1)-(4) must receive the permitted reduction in the required annual aggregate limit for each item the entity complies with provided a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, must at all times maintain coverage with an annual aggregate limit of at least two hundred fifty thousand dollars during the period of the biennial permit or license.
(6) Insurers must establish liquor liability mitigation measures and offer premium discounts for compliance therewith that reduce the risk to the general public associated with the service of on-premises consumption of alcohol.
SECTION 4. Title 61 of the S.C. Code is amended by adding:
CHAPTER 3
Alcohol Server Training
Section 61-3-100. For the purposes of this chapter, the following definitions apply:
(1) "Alcohol" means beer, wine, alcoholic liquors, or any other type of alcoholic beverage that contains any amount of alcohol and is used as a beverage for human consumption.
(2) "Alcohol server" means an individual who sells, serves, transfers, or dispenses alcohol for on-premises consumption at permitted or licensed premises and may include a permittee, licensee, manager, or other employee of a permittee or licensee. "Alcohol server" does not include an individual employed or volunteering on a temporary basis for a one-time special event, such as a banquet, or at an event that has a temporary permit to sell beer, wine, or alcoholic liquors by the drink and does not include an individual transferring alcohol from one location to another as a distributor, wholesaler, or as otherwise lawfully authorized to transfer alcohol from one location to another by this title; and does not include an individual who cannot lawfully serve or deliver alcohol pursuant to Sections 61-4-90(D) and 61-6-2200.
(3) "Alcohol server certificate" means an authorization issued by the department for an individual to be employed or engaged as an alcohol server for on-premises consumption.
(4) "DAODAS" means the South Carolina Department of Alcohol and Other Drug Abuse Services.
(5) "Department" means the South Carolina Department of Revenue.
(6) "Division" means the South Carolina Law Enforcement Division.
(7) "Employee" means a person who is employed for at least ten hours a week by a permittee or a licensee.
(8) "Licensee" means a person issued a license by the department pursuant to Title 61 to sell, serve, transfer, or dispense alcoholic liquors or alcoholic liquor by the drink for on-premises consumption.
(9) "Manager" means an individual employed by a permittee or licensee who manages, directs, or controls the sale, service, transfer, or dispensing of alcoholic beverages for on-premises consumption at the permitted or licensed premises.
(10) "Permittee" means a person issued a permit by the department pursuant to Title 61 to sell, serve, transfer, or dispense beer, wine, ale, porter, or other malted beverages for on-premises consumption.
(11) "Program" means an alcohol server training and education course and examination approved by the department with input from DAODAS and the division that is administered by authorized providers.
(12) "Provider" means an individual, partnership, corporation, or other legal entity authorized by the department that offers and administers a program.
Section 61-3-110. (A) An entity may not qualify for the liquor liability mitigation program pursuant to Section 61-2-145(E)(2) unless all employees who are employed as an alcohol server or a manager on permitted or licensed premises obtain, within one hundred twenty calendar days of employment, an alcohol server certificate pursuant to the provisions of this chapter. If a permittee or licensee functions or is employed as an alcohol server or manager on the permitted or licensed premises, then the permittee or licensee must also complete training on responsible alcohol server training and obtain an alcohol server certificate pursuant to the provisions of this chapter. An alcohol server shall not be mentally or physically impaired by alcohol, drugs, or controlled substances while serving alcohol.
(B) Each permittee or licensee shall maintain at all times on its permitted or licensed premises copies of the alcohol server certificates of the permittee or licensee, if applicable, and the alcohol server certificates of each manager and each alcohol server then employed by the permittee or licensee. Copies of the alcohol server certificate must be made available, upon request, to the department, the division, or the agents and employees of each. For the purposes of enforcement of the provisions of this chapter, a permittee or licensee must also make available to the department or the division, when requested, the hire date of an alcohol server.
(C) Failure to produce a copy of an alcohol server certificate when an alcohol server has been employed for one hundred twenty calendar days subjects the permittee or licensee to noncompliance with Section 61-2-145(E).
Section 61-3-120. (A)(1) The department, in collaboration with DAODAS and the division, is authorized to approve alcohol server training programs, based on best evidence practice standards, offered by providers. A program that has not received approval within sixty days from submission shall be considered denied. A provider may appeal denial pursuant to Section 61-2-260 and the South Carolina Administrative Procedures Act.
(2) A provider must provide alcohol server training programs to all applicable individuals free of charge.
(B) The curricula of each program must include the following subjects:
(1) state laws and regulations pertaining to:
(a) the sale and service of alcoholic beverages;
(b) the permitting and licensing of sellers of alcoholic beverages;
(c) impaired driving or driving under the influence of alcohol or drugs;
(d) liquor liability issues;
(e) the carrying of concealed weapons by authorized permit holders into businesses selling and serving alcoholic beverages; and
(f) life consequences, such as the loss of education scholarships, to minors relating to the unlawful use, transfer, or sale of alcoholic beverages;
(2) the effect that alcohol has on the body and human behavior including, but not limited to, its effect on an individual's ability to operate a motor vehicle when intoxicated;
(3) information on blood alcohol concentration and factors that change or alter blood alcohol concentration;
(4) the effect that alcohol has on an individual when taken in combination with commonly used prescription or nonprescription drugs or with illegal drugs;
(5) information on recognizing the signs of intoxication and methods for preventing intoxication;
(6) methods of recognizing problem drinkers and techniques for intervening with and refusing to serve problem drinkers;
(7) methods of identifying and refusing to serve or sell alcoholic beverages to individuals under twenty-one years of age and intoxicated individuals;
(8) methods for properly and effectively checking the identification of an individual, for identifying illegal identification, and for handling situations involving individuals who have provided illegal identification;
(9) South Carolina law enforcement information; and
(10) other topics related to alcohol server education and training designated by the department, in collaboration with DAODAS and the division, to be included.
(C) The department shall approve only online designed training programs that meet each of the following criteria:
(1) a program must cover the content specified in subsection (B);
(2) the content in a program must clearly identify and focus on the knowledge, skills, and abilities needed to responsibly serve alcoholic beverages and must be developed using best practices in instructional design and exam development to ensure that the program is fair and legally defensible;
(3) a program shall be offered online;
(4) online training must be at least four hours, be available in English and Spanish, and include a test;
(5) online or computer-based training programs must use linear navigation that requires the completion of a module before the course proceeds to the next module, with no content omitted; be interactive; have audio for content; and include a test;
(6) training and testing must be conducted online. All tests must be monitored by an online proctor. A passing grade for a test, as provided by the program, is required; and
(7) training certificates are issued by the provider only after training is complete and a test has been passed successfully.
(8) Within ten business days after a training is completed, each provider must give to the department a report of all individuals who have successfully completed the training and testing. The provider must also maintain these records for at least five years following the end of the training program for purposes of verifying certification validity by the department or the division.
(D) The department, in collaboration with DAODAS and the division, may suspend or revoke the authorization of a provider that the department determines has violated the provisions of this chapter. If a provider's authorization is suspended or revoked, then that provider must cease operations in this State immediately and refund any money paid to it by individuals enrolled in that provider's program at the time of the suspension or revocation.
Section 61-3-130. (A) The provider of a program that is authorized by the department must pay a fee, in an amount to be determined by the department, not to exceed five hundred dollars per year, renewable each year. State agency providers are exempt from payment. Each fee shall be deposited into the Responsible Alcohol Server Training Fund to assist with the costs associated with implementation and enforcement of the provisions of this chapter.
(B) The Responsible Alcohol Server Training Fund is a revolving fund, and no funds deposited therein shall revert to the general fund of the state treasury.
(C) On or before the second Tuesday of each year, the department, with the assistance of the division, must make a report of all income and expenditures made from the Responsible Alcohol Server Training Fund as of December thirty-first of the previous year. A copy of the report shall be given to the Governor, the Speaker of the House of Representatives, and the President of the Senate; posted on the websites of the department and the division; and recorded in the journals of each body of the General Assembly at the beginning of each legislative year.
Section 61-3-140. (A)(1) The department must issue an alcohol server certificate to each applicant who completes an approved program or a recertification program and who provides other information as may be required by the department in an application form that is available on the department's website. A person must apply for an alcohol server certificate within six months of completing a program. The department, if circumstances warrant the issuance of a temporary alcohol server certificate, may issue a temporary alcohol server certificate that is valid for a period of not more than thirty calendar days.
(2) The department, in collaboration with DAODAS and the division, may issue an alcohol server certificate to an individual from out of the State who applies for an alcohol server certificate if the individual has an alcohol server certificate from a nationally recognized or comparable, state-recognized alcohol server certification program that the department, DAODAS, and the division find meets or exceeds the programs offered in this State.
(B) Alcohol server certificates shall not be issued to graduates of programs that are not approved by the department.
(C) An alcohol server certificate is the property of the individual to whom it is issued and is transferrable among employers.
(D) Alcohol server certificates are valid for a period of five years from the date that the alcohol server certificate was issued. After the five-year period, a new or recertified alcohol server certificate must be obtained pursuant to the provisions of this chapter.
(E) Upon expiration of an alcohol server certificate, the individual to whom the alcohol server certificate was issued may obtain recertification in accordance with regulations promulgated by the department and approved by the General Assembly.
(F) The department must issue and renew alcohol server certificates for all qualifying applicants free of charge.
(G) An applicant must be deemed to be a qualifying applicant for the purpose of alcohol server certificate issuance and renewal if they have successfully completed all training and testing requirements as found in Section 61-3-120.
Section 61-3-150. As a requirement for application or renewal of a permit or license for on-premises consumption under Chapter 4, Title 61 or Chapter 6, Title 61, a permittee or licensee for on-premises consumption seeking to utilize Section 61-2-145(E) must submit to the department proof that the permittee or licensee, if applicable, and each manager and alcohol server employed by the permittee or licensee during the upcoming or prior permit or license period have or have held valid alcohol server certificates at all times that alcoholic beverages were sold, served, or dispensed.
Section 61-3-160. The division and the department are responsible for enforcement of the provisions of this chapter. The department is responsible for bringing administrative actions for violations of the provisions of this chapter or related regulations, and those actions shall proceed according to the provisions of Section 61-2-260 and the South Carolina Administrative Procedures Act.
SECTION 5. This act takes effect upon approval by the Governor and the first insurance policy therefrom may be issued ninety days after the Governor's approval.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
The SPEAKER granted Rep. WEST a temporary leave of absence.
Rep. ELLIOTT spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT spoke against the amendment.
The amendment was then adopted.
Rep. W. Newton proposed the following Amendment No. 2 to H. 5066 (Word version) (LC-5066.DG0006H), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 61-6-2220 of the S.C. Code is amended to read:
Section 61-6-2220. A person or establishment licensed to sell alcoholic liquors or liquor by the drink pursuant to this article may not knowingly sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON explained the amendment.
The amendment was then adopted.
Rep. Elliott proposed the following Amendment No. 3 to H. 5066 (Word version) (LC-5066.DG0007H), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
SECTION 5. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
The amendment was then adopted.
Rep. McCabe proposed the following Amendment No. 4 to H. 5066 (Word version) (LC-5066.DG0008H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 15-38-15(F) of the S.C. Code is amended to read:
(F) This section does not apply to a defendant whose conduct is determined to be wilful, wanton, reckless, grossly negligent, or intentional or conduct involving the use, sale, or possession of alcohol or the illegal or illicit use, sale, or possession of drugs.
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS raised the Rule 9.3 Point of Order that Amendment No. 4 to H. 5066 (Word version) was not germane to the bill.
Rep. MCCABE argued against the Point of Order.
The SPEAKER stated that Rule 9.3 required him to look at the substantial effect of the amendment and the bill. He stated that the bill concerned access to insurance for businesses that serve alcoholic beverages, but the amendment created joint and several liability. He further stated that the amendment did not concern the provision of insurance or the conditions for the provision of insurance, and he ruled the amendment to be out of order. He sustained the Point of Order.
Rep. Caskey proposed the following Amendment No. 5 to H. 5066 (Word version) (LC-5066.HA0010H), which was adopted:
Amend the bill, as and if amended, SECTION 3, Section 61-2-145, by adding a subsection to read:
(F) For purposes of this section, the calculation of total sales shall include sales of alcohol sold for on-premises consumption and all food and non-alcoholic beverages sold on the premises where the alcohol is sold, including food and non-alcoholic beverages sold by third-party vendors.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Bernstein Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Haddon Hager 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 Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thigpen Vaughan Weeks Wetmore Wheeler White Whitmire Williams Willis Yow
Those who voted in the negative are:
Felder Guffey
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5066 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Chris Wooten
On motion of Rep. ELLIOTT, with unanimous consent, it was ordered that H. 5066 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 4649 (Word version) -- Reps. Bannister, Carter, Leber, Vaughan, West, Elliott, Williams, Henegan, Caskey, Erickson, Bradley and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-275 SO AS TO PROVIDE PUBLIC SCHOOL DISTRICTS WITH MORE THAN FIFTEEN THOUSAND STUDENTS MAY USE CERTAIN SECURITY PERSONNEL TO PROMOTE SAFETY AND SECURITY ON SCHOOL PREMISES IF LICENSED AS A PROPRIETARY SECURITY BUSINESS, AND TO PROVIDE DISTRICTS REMAIN OBLIGATED TO USE SCHOOL RESOURCE OFFICERS AS OTHERWISE PROVIDED BY LAW; BY AMENDING SECTION 40-18-60, RELATING TO PROPRIETARY SECURITY BUSINESS LICENSURE, SO AS TO ADD PROVISIONS CONCERNING PUBLIC SCHOOL DISTRICTS APPLYING FOR LICENSURE; BY AMENDING SECTION 40-18-80, RELATING TO SECURITY OFFICER REGISTRATION CERTIFICATION, SO AS TO PROVIDE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SHALL IMPLEMENT CERTAIN RELATED TRAINING REQUIREMENTS; AND BY AMENDING SECTION 40-18-140, RELATING TO EXCEPTIONS FROM PRIVATE SECURITY AND INVESTIGATION AGENCY LICENSURE REQUIREMENTS, SO AS TO CLARIFY THAT PUBLIC SCHOOL DISTRICTS ARE EXCLUDED FROM THESE REQUIREMENTS.
Reps. Bradley and Erickson proposed the following Amendment No. 2 to H. 4649 (Word version) (LC-4649.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-19-275 and inserting:
Section 59-19-275. Each public school district with more than fifteen thousand students may use the services of personnel who are armed or delegated arrest authority to work on the premises of the district to promote safety and security on the premises, provided the district shall obtain proprietary security business licensure as provided in Section 40-18-60 and Section 40-18-80 and otherwise complies with the applicable requirements of those sections. The provisions of this section do not affect any requirement that a school district use the services of a school resource officer as provided by law. A school district by obtaining a proprietary security business license may enhance school security and safety but shall not supplant the use of school resource officer in a school.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Bannister Bauer Beach Blackwell Bradley Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Collins Connell B. J. Cox B. L. Cox Crawford Cromer Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris 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 Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton Nutt O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thigpen Vaughan Weeks Wetmore 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.
I was temporarily out of the Chamber on constituent business during the vote on H. 4649 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Wm. Weston Newton
On motion of Rep. BRADLEY, with unanimous consent, it was ordered that H. 4649 (Word version) be read the third time tomorrow.
Rep. FORREST moved that when the House adjourn today, it stand adjourned to meet in Local Session on Friday, March 29, and to next meet in Statewide Session on Tuesday, April 9, at 12:00 noon, which was agreed to.
Rep. FORREST moved that the House do now adjourn, which was agreed to.
At 1:57 p.m. the House, in accordance with the motion of Rep. MCCRAVY, adjourned in memory of Augustus "Gus" Burgdorf, to meet at 10:00 a.m. tomorrow.
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