NO. 29
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Psalm 46:1-3
The Psalmist reminds us that: "God is our refuge and strength, a very present help in trouble. Therefore, we will not fear, though the earth should change, though the mountains shake in the heart of the sea; though its waters roar and foam, though the mountains tremble with its tumult."
Friends, join me as we bow in prayer: Most gracious and ever-loving God, we come before You today with hearts that remain uneasy and unsettled, for war yet again continues in Europe. A country that sought to be free and sovereign is being devastated, women and men are dying on both sides of the conflict, and positive resolution to the actions in Ukraine seems distant, if not presently unattainable. And so we pray for all who are caught up in the chaos. Indeed, the entire world is impacted by the events, dear Lord. And knowing as we do that You are "our refuge and strength, a very present help in trouble," we pray fervently that You will restore global peace even as You lead and direct Your servants here in the Senate of South Carolina as they themselves steadily labor on behalf of the people they are called to serve. We humbly pray all of this in Your blessed name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:04 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Bennett Cash Climer Cromer Davis Fanning Garrett Goldfinch Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Martin Massey Peeler Rice Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following were received:
Document No. 5065
Agency: Department of Insurance
Chapter: 69
Statutory Authority: 1976 Code Sections 1-23-110, 38-3-110, and 38-69-330
SUBJECT: Suitability in Annuity Transactions
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Banking and Insurance
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted February 24, 2022
Document No. 5066
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Section 50-11-2200
SUBJECT: Term and Conditions for the Public's Use of State Lakes and Ponds Owned or Leased by the Department of Natural Resources
Received by President of the Senate January 11, 2022
Referred to Committee on Fish, Game and Forestry
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted February 24, 2022
Document No. 5074
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40, 6-9-50, and 6-9-55
SUBJECT: International Residential Code
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted February 24, 2022
Document No. 5085
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: International Fire Code
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted February 24, 2022
Document No. 5088
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Chapter: 8
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
SUBJECT: National Electrical Code
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Labor, Commerce and Industry
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted February 24, 2022
On motion of Senator RICE, at 1:14 P.M., Senator ADAMS was granted a leave of absence for Tuesday, March 1, 2022, through Thursday, March 3, 2022.
On motion of Senator VERDIN, at 1:15 P.M., Senator PEELER was granted a leave of absence until 2:00 P.M.
On motion of Senator HUTTO at 1:15 P.M., Senator MATTHEWS was granted a leave of absence for today.
On motion of Senator VERDIN, at 1:55 P.M., a leave of absence was granted until 4:00 P.M.
On motion of Senator KIMPSON at 2:45 P.M., Senator SABB was granted a leave of absence for the balance of the day.
On motion of Senator GAMBRELL, at 5:14 P.M., Senator TALLEY was granted a leave of absence for the balance of the day.
On motion of Senator CORBIN, at 5:14 P.M., Senator LOFTIS was granted a leave of absence for the balance of the day.
On motion of Senator SENN, at 5:14 P.M., Senator VERDIN was granted a leave of absence for the balance of the day.
On motion of Senator SCOTT, at 5:14 P.M., Senator STEPHENS was granted a leave of absence for the balance of the day.
On motion of Senator K. JOHNSON at 5:14 P.M., Senator JACKSON was granted a leave of absence for the balance of the day.
On motion of Senator HUTTO, at 5:14 P.M., Senators SETZLER and HARPOOTLIAN were granted a leave of absence for the balance of the day.
On motion of Senator GOLDFINCH, at 5:14 P.M., Senator RANKIN was granted a leave of absence for the balance of the day.
Senator HUTTO rose for an Expression of Personal Interest.
Senator KIMPSON rose for an Expression of Personal Interest.
Senator HARPOOTLIAN rose for an Expression of Personal Interest.
On motion of Senator SCOTT, with unanimous consent, the remarks of Senator HARPOOTLIAN, when reduced to writing and made available to the Desk, would be printed in the Journal.
The following co-sponsors were added to the respective Bills:
S. 5 (Word version) Sens. Malloy, Kimpson, McLeod, Sabb, Campsen, Stephens, Davis and McElveen
S. 262 (Word version) Sen. McLeod
S. 429 (Word version) Sen. Loftis
S. 458 (Word version) Sen. Loftis
S. 961 (Word version) Sens. Loftis and Kimbrell
S. 983 (Word version) Sen. Young
S. 1103 (Word version) Sen. Jackson
The following co-sponsor was removed from the respective Bill:
S. 1090 (Word version) Sen. McLeod
The following were introduced:
S. 1102 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE WEST-OAK HIGH SCHOOL BOYS WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE SOUTH CAROLINA CLASS 3A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S. 1103 (Word version) -- Senators Shealy and Jackson: A BILL TO AMEND CHAPTER 3, TITLE 59 OF THE 1976 CODE, RELATING TO THE STATE SUPERINTENDENT OF EDUCATION, BY ADDING SECTION 59-3-35 TO PROVIDE FOR THE DISTRIBUTION OF CHILD IDENTIFICATION KITS.
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Read the first time and referred to the Committee on Education.
S. 1104 (Word version) -- Senator Shealy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO CITIZENS DEEMED SUI JURIS AND RESTRICTIONS REGARDING THE SALE OF ALCOHOLIC BEVERAGES, TO ALLOW THE GENERAL ASSEMBLY ALSO TO RESTRICT THE SALE, PURCHASE, OR POSSESSION OF TOBACCO PRODUCTS, CIGARETTES, AND ALTERNATIVE NICOTINE PRODUCTS BY PERSONS UNTIL AGE TWENTY-ONE.
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Read the first time and referred to the Committee on Judiciary.
S. 1105 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 16-17-500 OF THE 1976 CODE, AS AMENDED, RELATING TO THE SALE, PURCHASE, AND DISTRIBUTION OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS, SO AS TO PROHIBIT THE SALE, FURNISHING, OR PROVISION OF CIGARETTES OR ALTERNATIVE NICOTINE PRODUCTS TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, AND TO PROHIBIT A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE FROM PURCHASING, POSSESSING, ATTEMPTING TO POSSESS, OR PRESENTING A FALSE OR FRAUDULENT PROOF OF AGE FOR PURPOSES OF PURCHASING OR POSSESSING TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE PRODUCTS; TO AMEND SECTION 16-17-502 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT SAMPLES, SO AS TO PROHIBIT THE DISTRIBUTION OF TOBACCO PRODUCT OR ALTERNATIVE NICOTINE PRODUCT SAMPLES TO A PERSON UNDER TWENTY-ONE YEARS OF AGE; AND TO AMEND SECTION 16-17-503 OF THE 1976 CODE, RELATING TO ENFORCEMENT OF TOBACCO PRODUCTS AND ALTERNATIVE NICOTINE PRODUCTS PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT OF THESE PROVISIONS AND THE FURNISHING OF RELATED REPORTS.
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Read the first time and referred to the Committee on Judiciary.
S. 1106 (Word version) -- Senators Peeler and Alexander: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO INCREASE FROM FIVE TO SEVEN PERCENT IN INCREMENTS OF ONE-HALF OF ONE PERCENT OVER FOUR FISCAL YEARS THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND AND THE MANNER THE SEVEN PERCENT REQUIREMENT MUST BE MAINTAINED; AND PROPOSING ANOTHER AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF THIS STATE, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO INCREASE FROM TWO TO THREE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE CAPITAL RESERVE FUND AND TO PROVIDE THAT THE FIRST USE OF THE CAPITAL RESERVE FUND MUST BE TO OFFSET MIDYEAR BUDGET REDUCTIONS.
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Read the first time and referred to the Committee on Finance.
S. 1107 (Word version) -- Senators Shealy and Senn: A SENATE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE ON FRIDAY, JUNE 17, 2022.
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The Senate Resolution was introduced and referred to the Committee on Operations and Management.
S. 1108 (Word version) -- Senators Peeler, Fanning, Climer and M. Johnson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF JOE LEE GORDON OF YORK COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1109 (Word version) -- Senator Massey: A SENATE RESOLUTION TO CONGRATULATE ABBEY FABICK AND NELS RUDE ON THE OCCASION OF THEIR WEDDING AND TO WISH THEM MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
S. 1110 (Word version) -- Senators Young, Adams, Alexander, Allen, Bennett, Matthews, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Kimpson, Loftis, Malloy, Martin, Massey, McElveen, McLeod, Peeler, Rankin, Rice, Sabb, Scott, Senn, Setzler, Shealy, Stephens, Talley, Turner, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE ADATH YESHURUN SYNAGOGUE UPON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO COMMEND IT FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE GREATER AIKEN COMMUNITY, THE CENTRAL SAVANNAH AREA, AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1111 (Word version) -- Senators Hutto, Kimbrell, Climer, Senn, Cromer, Shealy and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-57 SO AS TO PROVIDE THAT THE RETIREMENT INVESTMENT COMMISSION MAY NOT INVEST PUBLIC EMPLOYEE RETIREMENT FUNDS IN CERTAIN COMPANIES OWNED, IN WHOLE OR IN PART, BY RUSSIA; AND TO AMEND SECTION 11-9-660, RELATING TO THE INVESTMENT OF STATE FUNDS, SO AS TO PROHIBIT THE STATE TREASURER FROM INVESTING IN CERTAIN COMPANIES OWNED OR CONTROLLED BY RUSSIA OR WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED WITHIN RUSSIA.
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Read the first time and referred to the Committee on Finance.
S. 1112 (Word version) -- Senators Hutto, Kimbrell, Climer, Senn, Cromer, Malloy, Kimpson and Shealy: A CONCURRENT RESOLUTION TO EXPRESS THE STRONG BELIEF OF THE SOUTH CAROLINA GENERAL ASSEMBLY THAT THE RUSSIAN INVASION OF UKRAINE MUST END, AND TO EXPRESS SUPPORT FOR THE PEOPLE AND GOVERNMENT OF UKRAINE IN FIGHTING THE RUSSIAN INVASION AND MAINTAINING ITS INDEPENDENCE.
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The Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1113 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO CONGRATULATE THE DIALYSIS ACCESS INSTITUTE UPON THE OCCASION OF ITS TENTH ANNIVERSARY AND COMMEND THE INSTITUTE FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE ORANGEBURG AND CALHOUN COMMUNITIES AND THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1114 (Word version) -- Senators Martin and Talley: A SENATE RESOLUTION TO CONGRATULATE CHIEF BRIAN HARVEY UPON THE OCCASION OF HIS RETIREMENT AS FIRE CHIEF, TO COMMEND HIM FOR HIS FORTY-FIVE YEARS OF DEDICATED SERVICE TO THE ROEBUCK FIRE DISTRICT AND TO SPARTANBURG COUNTY, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
H. 5022 (Word version) -- Reps. Wheeler, Hyde, Bernstein and K. O. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-180 SO AS TO PROVIDE THAT IF AN OWNER OF HEIRS' PROPERTY IS THE SUCCESSFUL BIDDER AT A DELINQUENT TAX SALE OF THAT PROPERTY IN WHICH HE OWNS AN INTEREST AS HEIR SUCH PURCHASE DOES NOT INURE TO THE BENEFIT OF OTHER COTENANTS.
The Concurrent Resolution was adopted, ordered returned to the House. H. 5034 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. ELLEN BURKHARDT BABB, THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL STATE COORDINATOR FOR IMPROVING BREAST FEEDING, UPON THE OCCASION OF HER RETIREMENT AFTER MANY YEARS OF OUTSTANDING SERVICE TO THE STATE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5044 (Word version) -- Rep. Forrest: A CONCURRENT RESOLUTION TO CELEBRATE THE THIRTY-SIXTH ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL, TO BE HELD MAY 12 THROUGH 14, 2022, IN BATESBURG-LEESVILLE AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5045 (Word version) -- Rep. Forrest: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LANDIS D. PRICE FOR FIFTY YEARS OF SERVICE TO BARR-PRICE FUNERAL HOME AND TO THE COMMUNITY AND TO CONGRATULATE HIM UPON BEING NAMED THE 2022 POULTRY FESTIVAL DISTINGUISHED CITIZEN.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator ALEXANDER from the Committee on Operation and Management polled out S. 1101 favorable:
S. 1101 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL COMMANDER OF THE AMERICAN LEGION, PAUL E. DILLARD, TO SOUTH CAROLINA, AND TO INVITE HIM TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON WEDNESDAY, MARCH 9, 2022.
Alexander Peeler Rankin Malloy Massey Shealy Turner Hutto Setzler
Ordered for consideration tomorrow.
Senator McELVEEN asked unanimous consent to make a motion to take the Concurrent Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Concurrent Resolution. The question then was the adoption of the Concurrent Resolution.
On motion of Senator McELVEEN, the Concurrent Resolution was adopted and ordered sent to the House.
Senator PEELER from the Committee on Finance submitted a favorable with amendment report on: H. 3126 (Word version) -- Reps. Jones, Burns, Chumley, Magnuson, Taylor, Haddon, Long, Forrest, McCabe, Oremus, Hill, M.M. Smith, Huggins, Wooten, Ballentine, Bustos, B. Cox, Elliott, Trantham, Willis, Nutt, Morgan, McCravy, Thayer, V.S. Moss, Stringer, T. Moore, Allison, Hixon, Bennett, Fry, Kimmons, Davis and Murphy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-130 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF TO ACCEPT ANY FEDERAL FUNDS TO ENFORCE AN UNLAWFUL FEDERAL MASK MANDATE OR UNLAWFUL FEDERAL VACCINE MANDATE.
Ordered for consideration tomorrow.
The PRESIDENT ordered the following invitations placed on the Calendar:
Tuesday,March 1, 2022 - 5:30 pm - 7:30 pm
Members Only, Reception, Pastides Alumni Center, USC, by the SOUTH CAROLINA BANKERS ASSOCIATION
Tuesday,March 1, 2022 - 6:00pm - 8:00pm
Members and Staff, Reception, The Hall at Senate's End, by CLEMSON UNIVERSITY AND THE CLEMSON UNIVERSITY FOUNDATION
Wednesday, March 2, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by the COALITION FOR ACCESS TO HEALTHCARE
Wednesday, March 2, 2022 - 12:00pm - 1:30pm
Members and Staff, Luncheon, State House Grounds, by the SOUTH CAROLINA AVIATION ASSOCIATION
Wednesday, March 2, 2022 - 5:30pm - 8:00pm
Members and Staff, Reception, Capitol Center 1201 Main St., by the CITY OF COLUMBIA
Thursday, March 3, 2022 - 8:00am - 10:00am
Members Only, Breakfast, 112 Blatt Building, by the SC LAND TRUST NETWORK
Tuesday, March 8, 2022 - 5:00pm - 7:00pm
Members and Staff, Reception, 1114 College Street, by the SOUTH CAROLINA BEER WHOLESALERS ASSOCIATION
Wednesday, March 9, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by the ASSOCIATION OF COMETOLOGY SALON PROFESSIONALS
Wednesday, March 9, 2022 - 11:30am - 2:00pm
Members and Staff, Luncheon, State House Grounds, by the SOUTH CAROLINA STATE FIREFIGHTERS' ASSOCIATION
Thursday, March 10, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by SOUTH CAROLINA'S COALITION FOR MATHEMATICS & SCIENCE
Wednesday, March 16, 2022 - 7:00 am - 9:00am
Members and Staff, Breakfast, Columbia Convention Center, by SOUTH CAROLINA PRAYER FELLOWSHIP BREAKFAST
Tuesday, March 22, 2022 - 5:30pm - 7:30pm
Members and Staff, Reception, 701 Whaley Street, by SOUTH CAROLINA CONSERVATION COALITION OYSTER ROAST
Wednesday, March 23, 2022 - 7:30am - 9:30am
Members and Staff, Breakfast, 112 Blatt Building, by SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS
Wednesday, March 23, 2022 - 5:30pm - 7:30pm
Members and Staff, Reception, The Palmetto Club, by the ASSOCIATION OF ABC STORES OF SOUTH CAROLINA
Thursday, March 24, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by LEADERSHIP SOUTH CAROLINA
Tuesday, March 29, 2022 - 5:00pm - 7:00pm
Members and Staff, Reception, Burr Forman, 1221 Main Street, Suite 1800, by the NATIONAL GUARD ASSOCIATION OF SOUTH CAROLINA
Tuesday, March 29, 2022 - 6:00pm - 8:00pm
Members Only, Reception, Columbia Museum of Art, by the HOME BUILDERS ASSOCIATION OF SOUTH CAROLINA
Wednesday, March 30, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by STATE FARM INSURANCE
Wednesday, March 30, 2022 - 11:30am - 2:00pm
Members and Staff, Luncheon, State House Grounds, by JASPER COUNTY CHAMBER OF COMMERCE
Thursday, March 31, 2022 - 8:00am - 10:00am
Members and Staff, Breakfast, 112 Blatt Building, by the SOUTH CAROLINA BROADCASTERS ASSOCIATION
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 230 (Word version) -- Senators Shealy, Hutto, Jackson and Gustafson: A BILL TO AMEND SECTION 16-3-2020(G) OF THE 1976 CODE, RELATING TO TRAFFICKING VICTIMS WHO ARE MINORS, TO PROVIDE THAT MINORS ENGAGED IN COMMERCIAL SEXUAL ACTIVITY OR TRAFFICKING ARE PRESUMED TO BE DOING SO UNDER COERCION OR AS THE RESULT OF A REASONABLE FEAR OF A THREAT, TO PROVIDE FOR AN AFFIRMATIVE DEFENSE OF THESE VICTIMS, AND TO PROVIDE FOR EXPUNGEMENT FOR THESE VICTIMS.
On motion of Senator MALLOY, the Bill was carried over.
The Senate proceeded to a consideration of the Bill.
The Committee on Education proposed the following amendment (WAB\3590C001.JN.WAB22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) The Department of Education is directed to establish a pilot program by May 1, 2023, that will permit a school that has received an overall rating of "Excellent" on its annual report card for at least two consecutive years, or is located in a critical geographic area as defined in Section 59-26-20(j), to hire noncertified teachers in a ratio of up to ten percent of its entire teaching staff. In order to effect the establishment of the pilot program, the State Board of Education, through the Department of Education, shall approve guidelines that at a minimum shall include the following:
(1) a noncertified teacher must possess a baccalaureate or graduate degree in the subject he is hired to teach and must have at least five years of relevant workplace experience;
(2) procedures are provided for noncertified teachers to participate in the evaluation process pursuant to Section 59-26-30(B)(4) and (5); and
(3) training is required to ensure that noncertified teachers are prepared to enter the classroom.
(B) Participation in the pilot program is optional, and the decision to participate rests solely with the Department of Education and the school principal, upon approval of the district superintendent. Participating schools and districts are encouraged to collaborate on recruitment, training, and implementation of the pilot program and to assist the Department of Education with establishing best practices.
(C) The Department of Education shall establish a separate code in the professional coding system to capture noncertified teachers and shall continue to report this information on school report cards.
(D) Beginning November 1, 2024, the Department of Education shall submit an annual report that includes recommendations for improving, expanding, or continuing the pilot program to the General Assembly. At the end of the five-year pilot program, the annual status report shall include a recommendation regarding continuance of the program. (E)(1) The Department of Education shall establish procedures for the registration and clearance of all noncertified educators working in any public school pursuant to this section. Educators shall submit the required documentation and fees to the Department of Education, which shall include, but are not limited to:
(a) a completed registration form;
(b) any associated fee;
(c) transcripts, which shall be subject to review; and
(d) FBI, South Carolina Law Enforcement Division, and National Association of State Directors of Teacher Education and Certification Clearinghouse checks.
(2) An educator whose South Carolina educator certificate has been suspended or revoked shall not be employed as a noncertified teacher. If a noncertified teacher commits an offense covered by the Code of Conduct as promulgated by the State Board of Education, then the State Board of Education is authorized to revoke the educator's registration.
SECTION 2. Nothing contained in this section may be construed to repeal, replace, or preclude application of any other statute.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HEMBREE explained the amendment.
The amendment was adopted.
Senators HUTTO and HEMBREE proposed the following amendment (DG\3590C001.NBD.DG22), which was adopted:
Amend the bill, as and if amended, SECTION 1, subsection (A), by adding an appropriately numbered item at the end to read:
/ ( ) a noncertified teacher teaching a core subject must demonstrate enrollment in a certification program within three years of employment, including any state-approved alternative or traditional route program. /
Renumber sections to conform.
Amend title to conform.
Senator HEMBREE explained the amendment.
The amendment was adopted. Senator MARTIN proposed the following amendment (3590R001.KMM.SRM):
Amend the bill, as and if amended, by striking SECTION 1(A) and inserting:
/ SECTION 1. (A) The Department of Education is directed to establish a pilot program by May 1, 2023 that will permit a school that has received an overall rating of "Below Average" or "Unsatisfactory" on its annual report card for at least two consecutive years, or is located in a critical geographic area as defined in Section 59-26-20(j), to hire noncertified teachers in a ratio of up to ten percent of its entire teaching staff. In order to effect the establishment of the pilot program, the State Board of Education, through the Department of Education, shall approve guidelines that at a minimum shall include the following:
(1) a noncertified teacher must possess a baccalaureate or graduate degree in the subject he is hired to teach and must have at least five years of relevant workplace experience;
(2) procedures must be provided for noncertified teachers to participate in the evaluation process pursuant to Section 59-26-30(B)(4) and (5); and
(3) training must be required to ensure that noncertified teachers are prepared to enter the classroom. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
On motion of Senator MARTIN, the Bill was carried over.
The Senate proceeded to a consideration of the Bill.
Senator KIMBRELL proposed the following amendment (961R001.SP.JK), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 39-25-20(t) of the 1976 Code is amended to read:
"(t) The term 'honey' means the raw food product produced by honeybees for human consumption. Honey and honey products are subject to all labeling requirements of this chapter. Honey sold wholesale to other retail outlets for resale must be processed and packaged in an inspected and registered food processing facility in accordance with the act regardless of the amount of overall honey produced by the beekeeper.
Beekeepers producing no more than four hundred gallons (4,800 pounds) of honey annually and who only may sell directly to the end consumer and are exempt from inspections and regulations requiring honey to be processed, extracted, and packaged in an inspected food processing establishment, or from being required to obtain a registration verification certificate (RVC) from the Department of Agriculture. However, labels are required on all containers of honey that are sold in South Carolina. Beekeepers must file for the exemption on forms to be provided by the Department of Agriculture. Beekeepers who file for, and obtain, the exemption certificate from the Department of Agriculture may sell directly to inspected food processing establishments that maintain an RVC for subsequent wholesale or resale sales. Any end user or retailer who buys honey produced pursuant to this subsection must keep a record of all honey purchases that will be resold or used in products that will be sold." /
Renumber sections to conform.
Amend title to conform.
Senator KIMBRELL explained the Bill and the amendment.
The amendment was adopted. The question then being second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 5 (Word version) -- Senators Jackson, Fanning, Scott, Malloy, Kimpson, McLeod, Sabb, Campsen, Stephens, Davis, and McElveen : A BILL TO AMEND SECTION 53-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE LEGAL HOLIDAYS, SO AS TO PROVIDE THE NINETEENTH DAY OF JUNE - JUNETEENTH SHALL BE A STATE LEGAL HOLIDAY.
The Senate proceeded to a consideration of the Bill. The Committee on Family and Veterans' Services proposed the following amendment (5R002.KMM.KLJ), which was adopted:
Amend the bill, as and if amended, on page 1, by striking line 31 and inserting:
/ December in each year are legal holidays. Employees may select, prior to the first day of January, in writing on a form provided by their employer, one of the following holiday leave: Confederate Memorial Day, Juneteenth or, in the alternative, select a day of their choice. /
Renumber sections to conform.
Amend title to conform.
Senator K. JOHNSON explained the amendment.
The amendment was adopted.
The question then being second reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
S. 17 (Word version) -- Senators Rankin and Loftis: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENT APPROVALS AFFECTING ECONOMIC DEVELOPMENT WITHIN THE STATE.
On motion of Senator MARTIN, the Resolution was carried over.
S. 133 (Word version) -- Senators Massey, Gustafson, Rice, Hembree, Kimbrell, Turner, Bennett, Climer, Garrett, Cash, Adams, Verdin, Peeler, Grooms, Young, Campsen, M. Johnson, Talley, Goldfinch, Shealy, Cromer and Senn: A JOINT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION LIMITED TO PROPOSING AMENDMENTS THAT IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND FOR MEMBERS OF CONGRESS; TO PROVIDE CERTAIN RESERVATIONS, UNDERSTANDINGS, AND DECLARATIONS LIMITING THE APPLICATION; AND TO PROVIDE CERTAIN SELECTION CRITERIA FOR DELEGATES TO A CONVENTION OF THE STATES AS WELL AS LIMITATIONS UPON THEIR AUTHORITY.
Senator HUTTO objected to consideration of the Resolution.
S. 429 (Word version) -- Senators Alexander, Senn and Loftis: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 16 OF THE 1976 CODE, RELATING TO HOMICIDE, BY ADDING SECTION 16-3-80, TO CREATE THE OFFENSE OF DRUG-INDUCED HOMICIDE, TO PROVIDE A PENALTY FOR A VIOLATION, AND TO PROHIBIT AN AFFIRMATIVE DEFENSE; AND TO AMEND SECTION 16-1-10(D) OF THE 1976 CODE, RELATING TO A LIST OF EXCEPTIONS FOR FELONIES AND MISDEMEANORS, TO ADD DRUG-INDUCED HOMICIDE.
The Senate proceeded to a consideration of the Bill. The Committee on Judiciary proposed the following amendment (JUD0429.004),which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-80. (A) A person who unlawfully delivers, dispenses, or otherwise provides a fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance, commits the felony offense of fentanyl-induced homicide.
(B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.
(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person."
SECTION 2. Section 16-1-10(D) of the 1976 Code is amended by adding a new offense to read:
"16-3-80 Fentanyl-induced homicide"
SECTION 3. Section 44-53-190(B) of the 1976 Code is amended by adding an appropriately numbered new item at the end to read:
"__. Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:
a. replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
b. substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
c. substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups; d. replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or
e. replacement of the N-propionyl group by another acyl group.
This definition includes, but is not limited to, the following substances: Methylacetyl fentanyl, Alpha-methylfentanyl, Methylthiofentanyl, Benzylfentanyl, Beta-hydroxyfentanyl, Beta-hydroxy-3-methylfentanyl, 3-Methylfentanyl, Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta-Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent, or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
`Senator HUTTO explained the amendment.
The amendment was adopted.
Senator HUTTO proposed the following amendment (JUD0429.005), which was adopted: Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-80. (A) A person who unlawfully delivers, dispenses, or otherwise provides a fentanyl or a fentanyl-related substance as defined in Section 44-53-190(B) and Section 44-53-210(c)(6) to another person, in violation of the provisions of Section 44-53-370, if the proximate cause of the death of any other person is the injection, inhalation, absorption, or ingestion of any amount of the fentanyl or fentanyl-related substance, commits the felony offense of fentanyl-induced homicide.
(B) A person convicted of a fentanyl-induced homicide pursuant to the provisions of this section must be imprisoned not more than thirty years.
(C) It is not a defense pursuant to this section that a decedent contributed to his own death by his purposeful, knowing, reckless, or negligent injection, inhalation, absorption, or ingestion of the controlled substance or by his consenting to the administration of the controlled substance by another person."
SECTION 2. Section 16-1-10(D) of the 1976 Code is amended by adding a new offense to read:
"16-3-80 Fentanyl-induced homicide"
SECTION 3. Section 44-53-190(B) of the 1976 Code is amended by adding an appropriately numbered new item at the end to read:
"__. Fentanyl-related substances. Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, that is structurally related to fentanyl by one or more of the following modifications:
a. replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
b. substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino or nitro groups;
c. substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino or nitro groups;
d. replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and/or e. replacement of the N-propionyl group by another acyl group or hydrogen.
This definition includes, but is not limited to, the following substances: Methylacetyl fentanyl, Alpha-methylfentanyl, Methylthiofentanyl, Benzylfentanyl, Beta-hydroxyfentanyl, Beta-hydroxy-3-methylfentanyl, 3-Methylfentanyl, Methylthiofentanyl, Fluorofentanyl, Thenylfentanyl or Thienyl fentanyl, Thiofentanyl, Acetylfentanyl, Butyrylfentanyl, Beta-Hydroxythiofentanyl, Lofentanil, Ocfentanil, Ohmfentanyl, Benzodioxolefentanyl, Furanyl fentanyl, Pentanoyl fentanyl, Cyclopentyl fentanyl, Isobutyryl fentanyl, Remifentanil, Crotonyl fentanyl, Cyclopropyl fentanyl, Valeryl fentanyl, Fluorobutyryl fentanyl, Fluoroisobutyryl fentanyl, Methoxybutyryl Fentanyl, Isobutyryl fentanyl, Chloroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuran fentanyl, Methoxyacetyl fentanyl, Fluorocrotonyl fentanyl, Cyclopentenyl fentanyl, Phenyl fentanyl, Cyclobutyl fentanyl, Methylcyclopropyl fenantyl."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent, or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question then being second reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 458 (Word version) -- Senators Adams, Talley, Bennett, Senn, Alexander and Loftis: A BILL TO AMEND SECTIONS 44-53-190(B) AND 44-53-370(e) OF THE 1976 CODE, RELATING IN PART TO THE TRAFFICKING OFFENSES FOR CERTAIN CONTROLLED SUBSTANCES, TO ADD AN OFFENSE FOR "TRAFFICKING IN FENTANYL", AND TO DEFINE NECESSARY TERMS.
The Senate proceeded to a consideration of the Bill.
The Committee on Judiciary proposed the following amendment (JUD0458.002), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 28 through 35, and inserting therein:
/ granted, and a fine of fifty thousand dollars; or (b) for a second or subsequent offense, a term of imprisonment of not more than thirty years, no part of which may be suspended or probation granted, and a fine of one hundred thousand dollars." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question then being second reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 560 (Word version) -- Senator Scott: A JOINT RESOLUTION TO ESTABLISH THE HEIRS' PROPERTY STUDY COMMITTEE TO EXAMINE CURRENT AND PROSPECTIVE METHODS TO ADDRESS HEIR'S PROPERTY ISSUES IN SOUTH CAROLINA, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, TO REQUIRE THE COMMITTEE TO PREPARE A REPORT FOR THE GENERAL ASSEMBLY, AND TO DISSOLVE THE STUDY COMMITTEE.
The Senate proceeded to a consideration of the Resolution.
The Committee on Judiciary proposed the following amendment (JUD0560.001), which was adopted:
Amend the joint resolution, as and if amended, page 2, by striking lines 34 through 41, and inserting therein the following:
/ (C) The members of the study committee shall seek assistance from governmental agencies and members of the private sector including, but not limited to, the South Carolina State Housing Finance and Development Authority, the Homebuilders Association of South Carolina, the Landowners Association of South Carolina, the South Carolina Association of Habitat for Humanity, the Affordable Housing Coalition of South Carolina, the Realtors Association of South Carolina, the Center for Heirs' Property Preservation, the Municipal Association of South Carolina, and the South Carolina Association of Counties. / Renumber sections to conform.
Amend title to conform.
Senator SENN explained the amendment.
Senator SCOTT spoke on the Bill.
The amendment was adopted.
The question then being second reading of the Resolution, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Resolution, as amended, was read the second time, passed and ordered to a third reading.
S. 637 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 37-22-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO THE MORTGAGE LENDING LAWS OF THIS STATE SO AS TO ESTABLISH CERTAIN CRITERIA A RETAILER OF MANUFACTURED OR MODULAR HOMES MUST MEET TO QUALIFY AS AN "EXEMPT PERSON"; AND TO AMEND SECTION 40-58-20, RELATING TO DEFINITIONS APPLICABLE TO THE LICENSING OF MORTGAGE BROKERS ACT, SO AS TO ESTABLISH CERTAIN CRITERIA A RETAILER OF MANUFACTURED OR MODULAR HOMES MUST MEET TO QUALIFY AS AN "EXEMPT PERSON".
The Senate proceeded to a consideration of the Bill.
Senator GAMBRELL explained the Bill.
The question then being second reading of the Bill. The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 887 (Word version) -- Senators Rice, Garrett, Adams, Kimbrell and Massey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-1520 SO AS TO REQUIRE COMMISSIONERS AND ALTERNATES TO A CONVENTION OF STATES OR TO A STATE RATIFICATION CONVENTION TO TAKE AN OATH, TO PROVIDE CRIMINAL PENALTIES FOR THOSE COMMISSIONERS AND ALTERNATES WHO ARE CONVICTED OF VIOLATING THE REQUIRED OATH; AND TO DEFINE RELEVANT TERMS.
Senator SABB objected to consideration of the Bill.
S. 968 (Word version) -- Senators Alexander, Climer and Kimbrell: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 25 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF VETERANS' AFFAIRS, BY ADDING SECTION 25-11-85 TO ESTABLISH THE "VETERANS SERVICE ORGANIZATION BURIAL HONOR GUARD SUPPORT FUND" TO HELP OFFSET THE COSTS INCURRED BY SOUTH CAROLINA CHAPTERS OF CONGRESSIONALLY CHARTERED VETERANS SERVICE ORGANIZATIONS IN PROVIDING HONOR GUARD BURIAL DETAILS AT THE FUNERALS OF QUALIFYING SOUTH CAROLINA MILITARY VETERANS, AND TO DEFINE RELEVANT TERMS.
The Senate proceeded to a consideration of the Bill.
The Committee on Family and Veterans' Services proposed the following amendment (968R001.KMM.KS), which was adopted:
Amend the bill, as and if amended, on page 2, by striking lines 11-12 and inserting:
/ disbursement from the fund, not exceeding the per funeral cap established annually by the Secretary, for the purposes described in this section. Pursuant to his /
Renumber sections to conform.
Amend title to conform.
Senator McELVEEN explained the amendment.
The amendment was adopted.
The question then being second reading of the Bill as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 973 (Word version) -- Senator Rankin: A BILL TO ADOPT REVISED CODE VOLUME 21 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2022.
The Senate proceeded to a consideration of the Bill.
Senator RANKIN explained the Bill.
The question then being second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 1086 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO ALLOW FOR PROPERLY CREDENTIALED INDIVIDUALS TO CONDUCT SOIL EVALUATIONS AND PREPARE ONSITE WASTEWATER SYSTEMS LAYOUTS, AND TO PROVIDE FOR A SUNSET OF THE PROVISIONS IN THIS JOINT RESOLUTION NO LATER THAN JULY 1, 2023.
The Senate proceeded to a consideration of the Resolution.
Senator VERDIN explained the Resolution.
The question then being second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Resolution was read the second time, passed and ordered to a third reading.
H. 3205 (Word version) -- Reps. Taylor, Lucas, Pope, Elliott, Allison, Hiott, Fry, J.E. Johnson, Jordan, Caskey, B. Newton, Bryant, G.M. Smith, G.R. Smith, Willis, Huggins, Blackwell, Erickson, Forrest, Hixon, Herbkersman, Thayer, Wooten, Morgan, Daning, Hardee, B. Cox, Bannister, Hewitt, Felder, Stringer, Davis, Calhoon, Oremus, Bennett, Gilliam, West, Haddon, Trantham, Lowe, McGarry, M.M. Smith, Bustos, V.S. Moss, W. Newton, May, Martin, Brittain, McGinnis, Bradley, Ballentine, Dabney, Carter, T. Moore and Kimmons: A JOINT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION LIMITED TO PROPOSING AMENDMENTS THAT IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND FOR MEMBERS OF CONGRESS; TO PROVIDE CERTAIN RESERVATIONS, UNDERSTANDINGS, AND DECLARATIONS LIMITING THE APPLICATION; AND TO PROVIDE CERTAIN SELECTION CRITERIA FOR COMMISSIONERS AS WELL AS LIMITATIONS UPON THEIR AUTHORITY.
Senator SABB objected to consideration of the Resolution.
H. 3821 (Word version) -- Reps. W. Newton and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 5, TITLE 63 SO AS TO ENACT THE "SOUTH CAROLINA UNIFORM TRANSFERS TO MINORS ACT"; TO PROVIDE FOR THE UNIFORM MANNER IN WHICH AND PROCEDURES AND REQUIREMENTS UNDER WHICH TRANSFERS OF CUSTODIAL PROPERTY MAY BE MADE FOR THE BENEFIT OF A MINOR; AND TO REPEAL ARTICLE 5 OF CHAPTER 5, TITLE 63 RELATING TO THE "SOUTH CAROLINA UNIFORM GIFTS TO MINORS ACT".
On motion of Senator MALLOY, the Bill was carried over.
S. 233 (Word version) -- Senator Turner: A BILL TO AMEND SECTION 12-37-220(B)(1)(b) OF THE 1976 CODE, RELATING TO PROPERTY EXEMPTED FROM AD VALOREM TAXATION, TO PROVIDE THAT A QUALIFIED SURVIVING SPOUSE MAY QUALIFY FOR AN EXEMPTION IF THE QUALIFIED SURVIVING SPOUSE OWNS THE HOUSE.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\233C001.NBD.DG22), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 12-37-220(B)(1) of the 1976 Code is amended to read:
"(1)(a) the house owned by an eligible owner in fee or jointly with a spouse;
(b) the house owned by a qualified surviving spouse acquired from the deceased spouse and a house subsequently acquired by an eligible surviving spouse. The qualified surviving spouse shall inform the Department of Revenue of the address of a subsequent house;
(c) when a trustee holds legal title to a dwelling for a beneficiary and the beneficiary is a person who qualifies otherwise for the exemptions provided in subitems (a) and (b) and the beneficiary uses the dwelling as the beneficiary's domicile, the dwelling is exempt from property taxation in the same amount and manner as dwellings are exempt pursuant to subitems (a) and (b); (d) The Department of Revenue may require documentation it determines necessary to determine eligibility for the exemption allowed by this item.
(e) A person who owns an interest in a house and meets all other requirements of this item and is otherwise an eligible owner but for the ownership requirement is deemed to be an eligible owner and is eligible for the exemption allowed by this item so long as the county assessor certifies to the Department of Revenue that the house is located on heirs property and the person is the owner-occupied resident of the house. A person eligible pursuant to this subitem must not claim the special assessment rate allowed pursuant to Section 12-43-220(c) on any other property. For purposes of this item, heirs' property has the same meaning as provided in Section 15-61-320.
(f) As used in this item:
(i) 'eligible owner' means:
(A) a veteran of the armed forces of the United States who is permanently and totally disabled as a result of a service-connected disability and who files with the Department of Revenue a certificate signed by the county service officer certifying this disability;
(B) a former law enforcement officer as further defined in Section 23-23-10, who is permanently and totally disabled as a result of a law enforcement service-connected disability;
(C) a former firefighter, including a volunteer firefighter as further defined in Chapter 80, Title 40, who is permanently and totally disabled as a result of a firefighting service-connected disability;
(ii) 'permanently and totally disabled' means the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, that has lasted or is expected to last for a continuous period of twelve months or more or result in death;
(iii) 'qualified surviving spouse' means the surviving spouse of an individual described in subsubitem (i) while remaining unmarried, who resides in the house, and who owns the house in fee or for life. Qualified surviving spouse also means the surviving spouse of a member of the armed forces of the United States who was killed in action, or the surviving spouse of a law enforcement officer or firefighter who died in the line of duty as a law enforcement officer or firefighter, as these terms are further defined in Section 23-23-10 and Chapter 80, Title 40 who at the time of death owned the house in fee or jointly with the now surviving spouse, if the surviving spouse remains unmarried, resides in the house, and has acquired ownership of the house in fee or for life;
(iv) 'house' means a dwelling and the lot on which it is situated classified in the hands of the current owner for property tax purposes pursuant to Section 12-43-220(c). However, for an eligible owner that qualifies pursuant to item (1)(e), 'house' means a dwelling that is eligible to be classified in the hands of the current owner for property tax purposes pursuant to Section 12-43-220(c) except for the ownership requirement." /
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the amendment.
The amendment was adopted.
Senator FANNING proposed the following amendment (DG\ 233C002.NBD.DG22):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-37-220(B)(11) of the 1976 Code is amended by adding an appropriately lettered subitem to read:
"( ) all real property owned by a non-profit educational foundation of a public school district and which is devoted to providing housing for classroom teachers in the school district" /
Renumber sections to conform.
Amend title to conform.
Senator FANNING spoke on the amendment.
On motion of Senator FANNING, the Bill was carried over.
S. 901 (Word version) -- Senators Verdin, Cromer, McElveen and Peeler: A BILL TO AMEND SECTION 12-6-3775, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO PROVIDE FOR AN INCOME TAX CREDIT TO AN INDIVIDUAL OR BUSINESS THAT CONSTRUCTS, PURCHASES, OR LEASES CERTAIN SOLAR ENERGY PROPERTY AND THAT PLACES IT IN SERVICE IN THIS STATE, AND TO DEFINE NECESSARY TERMS; AND TO REPEAL SECTION 4 B. OF ACT 77 OF 2019 RELATING TO THE REPEAL OF SECTION 12-6-3775.
The Senate proceeded to a consideration of the Bill. Senator DAVIS explained the Bill.
On motion of Senator YOUNG, the Bill was carried over.
S. 141 (Word version) -- Senators Massey, Rice, Hembree, Bennett, Young, Senn, Kimbrell, Cash, Gustafson and Verdin: A CONCURRENT RESOLUTION TO MAKE APPLICATION BY THE STATE OF SOUTH CAROLINA UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION FOR A CONVENTION OF THE STATES TO BE CALLED, RESTRICTED TO PROPOSING AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT THROUGH A BALANCED BUDGET AMENDMENT.
Senator HUTTO objected to consideration of the Resolution.
H. 3435 (Word version) -- Reps. King and Brawley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF CRAWFORD ROAD IN YORK COUNTY FROM ITS INTERSECTION WITH HAMPTON ROAD TO ITS INTERSECTION WITH HECKLE BOULEVARD IN YORK COUNTY "BROTHER DAVID BOONE MEMORIAL ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 1:52 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 1090 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 41-35-40 OF THE 1976 CODE, RELATING TO AN INSURED WORKER'S WEEKLY BENEFIT AMOUNT, TO PROVIDE THAT THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE MUST ANNUALLY ADJUST THE MAXIMUM WEEKLY BENEFIT AMOUNT BY AN AMOUNT BY THE RATE OF INFLATION AND TO RETROACTIVELY RATIFY AND AFFIRM THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE'S INTERPRETATION AND EXECUTION OF SECTION 41-35-40 OF THE 1976 CODE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator BENNETT explained the Bill.
Senators HUTTO and McLEOD proposed the following amendment (1090CBH.P1), which was ruled out of order:
Amend the Committee Report, as and if amended, page [1090-1], by striking line 25 and inserting the following:
/ weekly benefit amount as /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the perfecting amendment.
Senator MASSEY raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator HUTTO spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
The Committee on Labor, Commerce and Industry proposed the following amendment (1090R001.KMM.TD), which was adopted:
Amend the bill, as and if amended, on page 2, by striking lines 35 - 40 and inserting: / "(B) The department must annually adjust the maximum weekly benefit amount set pursuant to the department's authority as provided in subsection (A) by an amount at least equal to the rate of inflation as measured by the national consumer price index published by the Bureau of Labor Statistics for the most recently completed calendar year prior to the date that the maximum weekly benefit amount goes into effect." /
Renumber sections to conform.
Amend title to conform.
Senator BENNETT explained the amendment.
The amendment was adopted.
Senator KIMPSON proposed the following amendment (1090MK3), which was tabled:
Amend the bill, as and if amended, page 1, by striking lines 39-41 and inserting the following:
/ Whereas, Section 41-35-40 sets the weekly benefit amounts that an employee may receive; and /
Renumber sections to conform.
Amend title to conform.
Senator KIMPSON explained the amendment.
Senator DAVIS moved to lay the amendment on the table.
The amendment was laid on the table.
Senator MARTIN proposed the following amendment (1090R002.SP.SRM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION after SECTION 2 to read:
/ SECTION __. Section 41-31-60(A) of the 1976 Code is amended to read:
"Section 41-31-60. (A) If on the computation date upon which an employer's tax rate is to be computed as provided in Section 41-31-40 there is a delinquent report, the tax class twenty rate must be assigned to the employer for the period to which the computation applies until the next computation date or until all outstanding tax reports have been filed." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senators HUTTO and McLEOD proposed the following amendment (1090CBH3), which was tabled:
Amend the bill, as and if amended, page 1, by striking lines 39-41 and inserting the following:
/ Whereas, Section 41-35-40 sets the weekly benefit amounts that an employee may receive; and /
Amend the bill further, as and if amended, page 2, by striking lines 16-27.
Amend the bill further, as and if amended by striking Section 41-35-40 (B) and inserting the following:
/ "(B) The department must annually adjust the maximum weekly benefit amount as provided in subsection (A) by an amount at least equal to the rate of inflation as measured by the national consumer price index published by the Bureau of Labor Statistics for the most recently completed calendar year prior to the date that the maximum weekly benefit amount goes into effect." /
Renumber sections to conform.
Amend title to conform.
Senator McLEOD explained the amendment.
Senator SCOTT spoke on the amendment.
Senator MASSEY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HUTTO proposed the following amendment (1090MM2), which was tabled:
Amend the bill, as and if amended, page 3, by striking lines 1-9.
Renumber sections to conform. Amend title to conform.
Senator HUTTO explained the amendment.
Senator MASSEY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator HUTTO spoke on the Bill.
Senator KIMPSON spoke on the Bill.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Grooms Gustafson Hembree Johnson, Michael Kimbrell Malloy Martin Massey Peeler Rice Senn Shealy Turner Williams Young
Allen Fanning Goldfinch Hutto Johnson, Kevin Kimpson McElveen McLeod Scott
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator SETZLER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Mary Ann Knox Loftis of Columbia, S.C. Mary was a founding member of Saluda River Baptist Church and active member of First Baptist Church. She enjoyed meeting and talking to people. She had a great sense of humor, an affectionate spirit and lit up every room she entered. Mary was a loving wife, devoted mother and doting grandmother who will be dearly missed.
On motion of Senators SETZLER, HUTTO and STEPHENS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David Keener Summers, Jr. of Cameron, S.C. David was a graduate of the University of South Carolina. He was a co-owner of Golden Kernel Pecan Company. David served in the United States Army Reserve. He was elected in 1979 to the Calhoun County Council where he served as chairman for 41 years. He served as chairman of the Workers Comp Fund and Three Rivers Solid Waste Authority Board. David was a member of the Dantzler Masonic Lodge, Orangeburg Elks Club, Commander of St. Matthews American Legion Post 12, served on the St. Matthews Rotary Club and Calhoun Chamber of Commerce to mention a few. David was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 5:19 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.
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