South Carolina General Assembly
125th Session, 2023-2024
Journal of the House of Representatives

NO. 37

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________

WEDNESDAY, MARCH 20, 2024
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the SPEAKER as follows:

Our thought for today is from Psalm 46:8: "Come now, regard the works of the Lord--"

Let us pray. Almighty God, we give You thanks for all you give to ensure we are fed with the word of life. Fill us with faith, hope, and love. Help us to remain united, serving You and loving one another. Continue to protect our defenders of freedom and first responders as they protect us. Bless our World, Nation, State, President, State, Governor, Speaker, staff, and all who work to make this a better Country and State. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ROBBINS moved that when the House adjourns, it adjourn in memory of Libby Murdaugh, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Carol Santiago and the Lopez family.

INVITATIONS

On motion of Rep. FORREST, with unanimous consent, the following were taken up for immediate consideration and accepted:

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of Historic Mitchelville Freedom Park, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, April 9, 2024, from 6:00 p.m. - 7:30 p.m. at The Palmetto Club.

Sincerely,
Ahmad Ward
Historic Mitchelville Freedom Park

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of HCA Healthcare, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, April 9, 2024, from 5:30 p.m. - 6:30 p.m. at Bourbon.

Sincerely,
Jona Lee
HCA Healthcare

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of South Carolina's Coalition for Mathematics & Science, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Wednesday, April 10, 2024, from 8:00 a.m. - 10:00 a.m.in Room 112, Blatt Building.

Sincerely,
Thomas T. Peters
SC Coalition for Mathematics & Science

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,

On behalf of the South Carolina Association for Community Economic Development, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Wednesday, April 10, 2024, from 11:30 a.m. - 2:00 p.m. in Room 112, Blatt Building.

Sincerely,
Charlotte W. Grant
SC Association for Community Economic Development

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the South Carolina Association for Justice, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, April 10, 2024, at 1208 Washington Place.

Sincerely,
C. Kenneth Hastie, Jr.
Chief Operating Officer
South Carolina Association for Justice

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the South Carolina State Museum Foundation, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, April 10, 2024, at the South Carolina State Museum.

Sincerely,
Annie Wilson

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the Office of the State Treasurer, the Members of the House of Representative and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, April 11, 2024, from 8:00 a.m. - 10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Dayle DeLong

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of BlueCross BlueShield of South Carolina, the Members of the House of Representatives, their staff, and their families are invited to a Legislative Softball Game. This event will be held on Tuesday, April 16, 2024, from 6:00 p.m. - 8:00 p.m. at USC's Founders Park.

Sincerely,
Dana Bolin
BlueCross BlueShield of South Carolina
March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of Leadership South Carolina, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Wednesday, April 17, 2024, from 8:00 a.m. - 10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Helen F. Munnerlyn
Leadership South Carolina

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the South Carolina State Firefighters' Association, the Members of the House of Representatives and their staff are invited to a Legislative Luncheon. This event will be held on Wednesday, April 17, 2024, from 11:30 a.m. - 2:00 p.m. on the Statehouse Grounds.

Sincerely,
Ashley Boltin
South Carolina State Firefighters' Association.

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the South Carolina Department of Natural Resources, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Wednesday, April 17, 2024, from 6:00 p.m. - 8:00 p.m. at the National Guard Armory.

Sincerely,
Duncan Crotwell
Director of Governmental Affairs

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the South Carolina Recyclers Association, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, April 18, 2024, from 8:00 a.m. - 10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Mark Fredrickson
President, SC Recyclers Association

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of AMIkids, the Members of the House of Representatives are invited to a Legislative Luncheon. This event will be held on Thursday, April 18, 2024, from 11:30 a.m. - 2:00 p.m. in Room 112, Blatt Building.

Sincerely,
Heyward D. Golden
AMIkids, Inc.

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the Governmental Affairs Committee of the Citadel Alumni Association, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held on Tuesday, April 23, 2024, from 6:30 p.m. - 10:00 p.m. in the Goodman Building at the State Fairgrounds.

Sincerely,
Sara A. Roth
Citadel Alumni Association

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of Donate Life South Carolina, the Members of the House of Representatives are invited to a Legislative Breakfast. This event will be held on Wednesday, April 24, 2024, from 8:00 a.m. - 10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Tracy L. Moore
CEO/Executive Director

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of The South Carolina Restaurant and Lodging Association, the Members of the House of Representatives and their staff are invited to a Legislative Luncheon. This event will be held from 11:30 a.m. - 2:00 p.m. on Wednesday, April 24, 2024, on the Statehouse Grounds.
Sincerely,
Douglas OFlaherty

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the SC Beer Wholesalers Association, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held from 5:00 p.m. - 7:00 p.m. on Wednesday, April 24, 2024, at their office on 1114 College Street.

Sincerely,
Candice Spencer
Director of Operations

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of Together SC, the Members of the House of Representatives are invited to a Legislative Reception. This event will be held from 5:30 p.m. - 7:30 p.m. on Wednesday, April 24, 2024, at Bourbon.

Sincerely,
GP McLeer
Together SC

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the Coalition for Access to Healthcare, the Members of the House of Representatives and their staff are invited to a Legislative Breakfast. This event will be held on Thursday, April 25, 2024, from 8:00 a.m. - 10:00 a.m. in Room 112, Blatt Building.

Sincerely,
Stephanie Burgess
Vice Chair Coalition for Access to Healthcare

March 19, 2024
The Honorable Dennis Moss
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Chairman Moss,
On behalf of the SC Association of Council on Aging Directors, the Members of the House of Representatives and their staff are invited to a Legislative Reception. This event will be held on Tuesday, April 30, 2024, from 6:00 p.m. - 8:00 p.m. at the Columbia Convention Center, Congaree Room.

Sincerely,
Jay W. Ragley

REPORTS OF STANDING COMMITTEES

Rep. FORREST, from the Saluda Delegation, submitted a favorable report on:

H. 5267 (Word version) -- Rep. Forrest: A BILL TO AMEND ACT 307 OF 2012, RELATING TO THE ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF THE SALUDA COUNTY SCHOOL DISTRICT MUST BE ELECTED, SO AS TO REAPPORTION THESE DISTRICTS, TO PROVIDE DEMOGRAPHIC INFORMATION IN REGARD TO THESE DISTRICTS, AND TO UPDATE THE MAP NUMBER ON WHICH THESE DISTRICTS ARE DELINEATED.
Ordered for consideration tomorrow.

Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:

H. 4289 (Word version) -- Reps. McGinnis, Erickson, Ballentine, Murphy, Brewer, Robbins, Gatch, Mitchell, Yow, Cromer, Beach, Pace, Taylor, Guffey and Magnuson: 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.
Ordered for consideration tomorrow.

Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4601 (Word version) -- Rep. Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-4100, RELATING TO PREVENTING ESCAPE OF MATERIALS LOADED ON VEHICLES AND CLEANING THE HIGHWAYS OF ESCAPED SUBSTANCES OR CARGO, SO AS TO INCORPORATE THE PROVISIONS OF SECTION 56-5-4110 TO CLARIFY THE EXCEPTIONS FOR TRANSPORTATION OF CERTAIN FARM PRODUCTS AND MATERIALS; AND BY REPEALING SECTION 56-5-4110 RELATING TO THE REQUIREMENTS THAT LOADS AND COVERS MUST BE FIRMLY ATTACHED.
Ordered for consideration tomorrow.

Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:

H. 5244 (Word version) -- Reps. Ligon, B. Newton, Sessions, Neese and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-3-16000 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "CATAWBA NATION" SPECIAL LICENSE PLATES.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4274 (Word version) -- Reps. W. Newton, Herbkersman, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 7 TO CHAPTER 3, TITLE 15 SO AS TO ESTABLISH THE "SOUTH CAROLINA PUBLIC EXPRESSION PROTECTION ACT", REGARDING A CAUSE OF ACTION ASSERTED IN A CIVIL ACTION BASED UPON A PERSON'S COMMUNICATION IN CERTAIN CIRCUMSTANCES, AND TO ESTABLISH REQUIREMENTS FOR THESE PROCEEDINGS.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 3748 (Word version) -- Reps. Caskey, Wooten, Wetmore, Hartnett, Erickson, W. Newton, Pope, Robbins, Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-680, RELATING TO THE UNLAWFUL ALTERATION OR REMOVAL OF BOUNDARY LANDMARKS, SO AS TO CLARIFY THAT THE SECTION PROHIBITS MOVING, ALTERING, DESTROYING, OR REMOVING GEODETIC CONTROL MONUMENTS OR CERTAIN LAND SURVEYING MONUMENTS, TO UPDATE THE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO DEFINE NECESSARY TERMS.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4248 (Word version) -- Reps. Rose and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-4-50, RELATING TO THE SALE OF BEER, ALE, PORTER, OR WINE TO UNDERAGED PERSONS, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE; AND BY AMENDING SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO AN UNDERAGED PERSON, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4187 (Word version) -- Reps. J. E. Johnson, W. Newton, Robbins, Haddon, Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO DEFINE NECESSARY TERMS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE OFFENSES OF FELONY ORGANIZED RETAIL CRIME AND FELONY ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE GRADUATED PENALTIES FOR THE OFFENSES.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report on:

H. 4559 (Word version) -- Reps. Bernstein, Rose, Clyburn, Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-3-108, RELATING TO PROBATE, TESTACY, AND APPOINTMENT PROCEEDINGS AND THE ULTIMATE TIME LIMIT, SO AS TO ALLOW APPROPRIATE APPOINTMENT PROCEEDINGS REGARDING AN INDIVIDUAL'S ESTATE FOR THE SOLE PURPOSE OF ALLOWING A CLAIM TO BE MADE PURSUANT TO THE "HONORING OUR PACT ACT OF 2022" REGARDLESS OF THE DATE OF THAT INDIVIDUAL'S DEATH.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 5113 (Word version) -- Reps. Elliott, T. Moore, Guest, Brittain and Crawford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-3-30 AND 63-15-230, BOTH RELATING TO JOINT CUSTODY ORDERS, SO AS TO CLARIFY THAT THERE IS NO REQUIREMENT FOR EXCEPTIONAL CIRCUMSTANCES TO AWARD JOINT CUSTODY IN A CHILD CUSTODY PROCEEDING.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5279 (Word version) -- Reps. Garvin, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CELEBRATE THE JOYOUS OCCASION OF THE FORTIETH ANNIVERSARY OF THE I. DEQUINCEY NEWMAN UNITED METHODIST CHURCH AND TO CONGRATULATE AND COMMEND REVEREND FRANK V. JAMES AND THE CONGREGATION FOR THEIR YEARS OF DEDICATED SERVICE TO THE MEADOWLAKE COMMUNITY

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5280 (Word version) -- Reps. Wooten, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE JADA M. SAMUEL, MISS SOUTH CAROLINA 2023, AND TO COMMEND THE EXCEPTIONAL DISCIPLINE, ASPIRATIONS, AND TALENT THAT HAVE ENABLED HER TO REPRESENT THE PALMETTO STATE WITH DIGNITY AND POISE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5281 (Word version) -- Reps. Cromer, Chapman, Beach, Gagnon, Thayer, West, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Davis, Dillard, Elliott, Erickson, Felder, Forrest, 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, Thigpen, Trantham, Vaughan, Weeks, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR COACH CHUCK PARKER OF ANDERSON COUNTY FOR BEING NAMED TO THE CLASS OF 2024 FOR THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5282 (Word version) -- Reps. Wheeler, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE RESTORATION BIBLE INSTITUTE OF BISHOPVILLE ON THE OCCASION OF THE CELEBRATION OF ITS OPENING, TO BE HELD ON SATURDAY, MARCH 23, 2024, AND TO EXTEND BEST WISHES FOR MUCH FUTURE SUCCESS AS THE SCHOOL PREPARES CHRISTIAN LEADERS TO SERVE THE LORD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5283 (Word version) -- Reps. Mitchell, Yow, B. Newton, 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, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, 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 Wooten: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF DELMAR BRYANT PATTERSON OF LANCASTER COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5284 (Word version) -- Reps. Dillard, 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, 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 DR. TONEY C. PARKS, SENIOR PASTOR OF MT. SINAI BAPTIST CHURCH, TO CELEBRATE HIS RETIREMENT AFTER THIRTY-TWO YEARS OF FAITHFUL SERVICE, AND TO CONGRATULATE HIM ON HIS NEW APPOINTMENT AS PASTOR EMERITUS OF MT. SINAI BAPTIST CHURCH.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5285 (Word version) -- Reps. Dillard, 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, 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 DECLARE APRIL 2024 AS "SECOND CHANCE MONTH" IN SOUTH CAROLINA AND TO COMMEND THE SOTERIA COMMUNITY DEVELOPMENT CORPORATION ON ITS OUTSTANDING WORK IN ASSISTING FORMERLY INCARCERATED INDIVIDUALS WITH REENTERING SOCIETY FOR THE PAST TWENTY-FIVE YEARS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5286 (Word version) -- Rep. Hartnett: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KEN BIBLE, CHIEF INFORMATION SECURITY OFFICER FOR THE DEPARTMENT OF HOMELAND SECURITY, UPON THE OCCASION OF HIS RETIREMENT AFTER YEARS OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5287 (Word version) -- Rep. T. Moore: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE STUDENTS AND SCHOOL OFFICIALS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, TO RECOGNIZE THEM FOR A DEMONSTRATION OF THEIR UNIQUE ACCOMPLISHMENTS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5288 (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 REMEMBER AND CELEBRATE THE LIFE OF ROBERT EARL BROWN, SR., OF SPARTANBURG AND TO EXTEND THE DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5292 (Word version) -- Reps. Wooten, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE MARGARET "MARGO" TURNER, MISS SOUTH CAROLINA TEEN 2023, AND TO COMMEND THE EXCEPTIONAL DISCIPLINE, ASPIRATIONS, AND TALENT THAT HAVE ENABLED HER TO REPRESENT THE PALMETTO STATE WITH DIGNITY AND POISE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

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.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1178 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO EXPRESS SINCERE GRATITUDE TO THE PARTICIPATING RESTAURANTS AND SPONSORS OF THE SOUTH CAROLINA RESTAURANT AND LODGING ASSOCIATION'S ANNUAL HOSPITALITY DAY LEGISLATIVE LUNCHEON AND TO RECOGNIZE WEDNESDAY, APRIL 24, 2024 AS "HOSPITALITY DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 5289 (Word version) -- Rep. Oremus: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, AND SUMMARY COURT JURISDICTION OVER THESE OFFENSES, SO AS TO PROVIDE FOR THE SUSPENSION OF DRIVERS' LICENSES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES SHALL POST ALL CONVICTIONS ON THE OFFENDERS' DRIVING RECORDS; AND BY AMENDING SECTION 56-1-330, RELATING TO COURTS REPORTING CERTAIN CONVICTIONS TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE COURTS FAILING TO REPORT CERTAIN CONVICTIONS TO THE DEPARTMENT OF MOTOR VEHICLES SHALL RESULT IN THE LOSS OF STATE FUNDS TO THE LOCAL GOVERNMENTS WITH JURISDICTION OVER THE OFFENSES.
Referred to Committee on Ways and Means

H. 5290 (Word version) -- Reps. Oremus, McCravy, Cromer, Trantham and Pace: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "BABY OLIVIA ACT"; AND BY AMENDING SECTION 59-32-30, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM REQUIRED IN PUBLIC SCHOOLS, SO AS TO PROVIDE THE HUMAN GROWTH AND DEVELOPMENT INSTRUCTION COMPONENT OF THE PROGRAM MUST INCLUDE CERTAIN ULTRASOUND VIDEO SHOWING THE DEVELOPMENT OF VITAL ORGANS IN EARLY FETAL DEVELOPMENT AND COMPUTER-GENERATED ANIMATION SHOWING THE PROCESS OF FERTILIZATION AND EVERY STAGE OF HUMAN DEVELOPMENT, AMONG OTHER THINGS, AND TO PROVIDE THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION TO COMPEL COMPLIANCE WITH THE PROVISIONS OF THIS ACT.
Referred to Committee on Judiciary

H. 5291 (Word version) -- Reps. Burns, Haddon and Beach: A JOINT RESOLUTION TO DIRECT COUNTY AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO PARTICIPATE IN AT LEAST ONE OF THE U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT'S SECTION 287(G) PROGRAMS AND TO REQUIRE COUNTY AND MUNICIPAL LAW ENFORCEMENT AGENCIES, UPON LEARNING OF ILLEGAL OPERATIONS, TO BRING UNDOCUMENTED INDIVIDUALS TO THIS STATE TO COOPERATE FULLY WITH THE U.S. ATTORNEY'S OFFICE TO COMMENCE RICO-BASED SEIZURES TO SEIZE ALL ASSETS USED IN THE EFFORTS TO IMPORT UNDOCUMENTED INDIVIDUALS TO THIS STATE.
Referred to Committee on Judiciary

S. 839 (Word version) -- Senators Alexander, Senn, Rankin and Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.
Referred to Committee on Judiciary

S. 877 (Word version) -- Senators Senn, Shealy, Gustafson, McLeod, Devine and Setzler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-5-90 SO AS TO DEFINE NECESSARY TERMS, CREATE THE OFFENSE OF LURING A CHILD INTO A CONVEYANCE, DWELLING, OR STRUCTURE, AND PROVIDE A PENALTY AND DEFENSES TO PROSECUTION.
Referred to Committee on Judiciary

S. 962 (Word version) -- Senator Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-71-2330, RELATING TO DUTIES OF PHARMACY SERVICE ADMINISTRATIVE ORGANIZATIONS, SO AS TO REMOVE THE REQUIREMENT THAT PHARMACY SERVICE ADMINISTRATIVE ORGANIZATIONS MUST ACT AS FIDUCIARIES TO PHARMACIES.
Referred to Committee on Labor, Commerce and Industry

S. 968 (Word version) -- Senators Peeler and Rankin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80(A)(6) AND (B), RELATING TO APPLICATIONS FOR DRIVER'S LICENSE OR PERMIT, SO AS TO ALLOW AN APPLICANT TO VOLUNTARILY DISCLOSE HIS BLOOD TYPE.
Referred to Committee on Education and Public Works

S. 996 (Word version) -- Senators Hutto, Shealy, Reichenbach, Senn, McLeod, Rankin, Alexander and Matthews: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-390 SO AS TO CREATE THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE, DEFINE TERMS, AND ESTABLISH PENALTIES; AND BY AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE TO THE SEX OFFENDER REGISTRY.
Referred to Committee on Judiciary

S. 1046 (Word version) -- Senators Hembree, Climer, M. Johnson, Peeler, Corbin, Cromer, Shealy, Grooms, Bennett, Gambrell, Loftis, Rice, Gustafson, Martin, Verdin, Turner, Kimbrell, Reichenbach, Cash, Harpootlian, McLeod and Fanning: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-19-10, RELATING TO JUDICIAL MERIT SELECTION COMMISSION, APPOINTMENT, QUALIFICATIONS, AND TERMS, SO AS TO PROVIDE FOR THE APPOINTMENT OF JUDICIAL MERIT SELECTION COMMISSION MEMBERS, INITIAL TERMS, AND SUBSEQUENT TERMS, TO AMEND THE MEMBERSHIP OF THE COMMISSION, TO PROVIDE THAT, EXCEPT THOSE FIRST APPOINTED, THE MEMBERS APPOINTED BY THE SENATE PRESIDENT, THE SENATE JUDICIARY CHAIRMAN, THE SPEAKER OF THE HOUSE, AND THE HOUSE JUDICIARY CHAIRMAN SHALL SERVE AN INITIAL TERM OF TWO YEARS, AND TO PROVIDE THAT NO NOMINEE MAY BE A FAMILY MEMBER OF A CURRENT MEMBER OF THE JUDICIAL MERIT SELECTION COMMISSION; BY ADDING SECTION 2-19-15 SO AS TO PROVIDE FOR THE APPOINTMENT OF AN EXECUTIVE DIRECTOR AND PROFESSIONAL STAFF; BY AMENDING SECTION 2-19-20, RELATING TO INVESTIGATION BY COMMISSION AND PUBLICATION OF VACANCIES, SO AS TO PROVIDE THE CRITERIA FOR THE QUALIFICATION OF JUDICIAL CANDIDATES; BY AMENDING SECTION 2-19-30, RELATING TO HEARINGS AND EXECUTIVE SESSION, SO AS TO REQUIRE ALL PUBLIC HEARINGS BE LIVE STREAMED; BY AMENDING SECTION 2-19-70, RELATING TO THE PROHIBITION AGAINST DUAL OFFICES, PRIVILEGES OF THE FLOOR, AND PLEDGES, SO AS TO PROVIDE FOR CERTAIN FLOOR PRIVILEGES AND PROHIBITIONS FOR CANDIDATES AND ESTABLISHING SET TIMES FOR THE RELEASE OF REPORTS AND THE SEEKING OF PLEDGES AND TO PROVIDE THAT THE FORMAL RELEASE OF THE REPORT OF QUALIFICATIONS SHALL OCCUR NO EARLIER THAN TWELVE DAYS AFTER NOMINEES HAVE BEEN RELEASED TO MEMBERS OF THE GENERAL ASSEMBLY; BY AMENDING SECTION 2-19-80, RELATING TO NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT ALL QUALIFIED CANDIDATES SHALL BE RELEASED TO THE GENERAL ASSEMBLY; BY AMENDING SECTION 2-19-90, RELATING TO THE APPROVAL OF THE GENERAL ASSEMBLY IN JOINT SESSION, SO AS TO PROVIDE THAT A CANDIDATE MUST RECEIVE A MAJORITY VOTE OF EACH HOUSE; AND BY AMENDING SECTION 22-1-10, RELATING TO APPOINTMENT, TERMS AND TERRITORIAL JURISDICTION, TRAINING, AND CERTIFICATION OR RECERTIFICATION REQUIREMENTS, SO AS TO PROVIDE THAT THE GOVERNOR SHALL RECEIVE RECOMMENDATIONS FROM THE FULL LEGISLATIVE DELEGATION OF THE COUNTY THE MAGISTRATE WILL SERVE.
Referred to Committee on Judiciary

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander                Anderson                 Atkinson
Bailey                   Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Carter                   Caskey
Chapman                  Chumley                  Clyburn
Cobb-Hunter              Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hardee                   Harris
Hart                     Hartnett                 Hayes
Henderson-Myers          Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            S. Jones
W. Jones                 Jordan                   Kilmartin
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     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               G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Thayer                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total Present--115

STATEMENT OF ATTENDANCE

Rep. T. MOORE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 19.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BALLENTINE a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FELDER a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COLLINS a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. B. J. COX a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HENEGAN a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SESSIONS a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MAY a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CRAWFORD a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CLYBURN a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Jimmy Wells, Lexington County was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MURPHY presented to the House the Pinewood Preparatory School Boys Soccer State Champions.

SPECIAL PRESENTATION

Rep. MURPHY presented to the House the Pinewood Preparatory School Girls Soccer State Champions.

SPECIAL PRESENTATION

Rep. MURPHY presented to the House the Pinewood Preparatory School Cheerleading State Champions.

CO-SPONSORS ADDED

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."

CO-SPONSORS ADDED

Bill Number:   H. 3617 (Word version)
Date:   ADD:
03/20/24   YOW and MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 3665 (Word version)
Date:   ADD:
03/20/24   ANDERSON

CO-SPONSORS ADDED

Bill Number:   H. 3748 (Word version)
Date:   ADD:
03/20/24   MITCHELL and YOW

CO-SPONSOR ADDED

Bill Number:   H. 3980 (Word version)
Date:   ADD:
03/20/24   ROBBINS

CO-SPONSOR ADDED

Bill Number:   H. 4158 (Word version)
Date:   ADD:
03/20/24   JEFFERSON

CO-SPONSORS ADDED

Bill Number:   H. 4187 (Word version)
Date:   ADD:
03/20/24   MITCHELL and YOW

CO-SPONSOR ADDED

Bill Number:   H. 4248 (Word version)
Date:   ADD:
03/20/24   ROBBINS

CO-SPONSOR ADDED

Bill Number:   H. 4289 (Word version)
Date:   ADD:
03/20/24   MAGNUSON

CO-SPONSORS ADDED

Bill Number:   H. 4559 (Word version)
Date:   ADD:
03/20/24   MITCHELL and YOW

CO-SPONSOR ADDED

Bill Number:   H. 4561 (Word version)
Date:   ADD:
03/20/24   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 4642 (Word version)
Date:   ADD:
03/20/24   HART

CO-SPONSORS ADDED

Bill Number:   H. 4655 (Word version)
Date:   ADD:
03/20/24   MCDANIEL and RIVERS

CO-SPONSOR ADDED

Bill Number:   H. 4676 (Word version)
Date:   ADD:
03/20/24   BEACH

CO-SPONSOR ADDED

Bill Number:   H. 4677 (Word version)
Date:   ADD:
03/20/24   BEACH

CO-SPONSOR ADDED

Bill Number:   H. 4678 (Word version)
Date:   ADD:
03/20/24   BEACH

CO-SPONSOR ADDED

Bill Number:   H. 4688 (Word version)
Date:   ADD:
03/20/24   BEACH

CO-SPONSOR ADDED

Bill Number:   H. 4693 (Word version)
Date:   ADD:
03/20/24   BEACH

CO-SPONSOR ADDED

Bill Number:   H. 4843 (Word version)
Date:   ADD:
03/20/24   ANDERSON

CO-SPONSORS ADDED

Bill Number:   H. 4954 (Word version)
Date:   ADD:
03/20/24   THAYER and CHAPMAN

CO-SPONSORS ADDED

Bill Number:   H. 5042 (Word version)
Date:   ADD:
03/20/24   O'NEAL, B. NEWTON, NEESE, LAWSON, ATKINSON, HAYES, GATCH, W. NEWTON, BANNISTER, CASKEY, HYDE, J. E. JOHNSON, HIOTT, BRITTAIN, HARTNETT, MITCHELL, YOW, GAGNON, CARTER, GUEST, CRAWFORD, OTT, RUTHERFORD, LEBER, HIXON, HERBKERSMAN, ANDERSON, BAILEY, ELLIOTT, GILLIAM, CALHOON, WOOTEN, FORREST, PEDALINO, JORDAN, BUSTOS, BAMBERG, BERNSTEIN, CLYBURN, HOSEY, HENDERSON-MYERS, HOWARD, VAUGHAN and BEACH

CO-SPONSOR ADDED

Bill Number:   H. 5144 (Word version)
Date:   ADD:
03/20/24   WOOTEN

CO-SPONSOR ADDED

Bill Number:   H. 5265 (Word version)
Date:   ADD:
03/20/24   CARTER

H. 3988--DEBATE ADJOURNED

The following Bill was taken up:

H. 3988 (Word version) -- Reps. Davis, M. M. Smith, B. J. Cox, Pedalino, Forrest, Wheeler, Kirby and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-30, RELATING TO DEFINITIONS IN THE PHARMACY PRACTICE ACT, SO AS TO PROVIDE ADDITIONAL ACTS THAT CONSTITUTE THE PRACTICE OF PHARMACY, TO PERMIT THE DELEGATION OF CERTAIN ACTS TO TRAINED PHARMACY TECHNICIANS AND PHARMACY INTERNS, AND TO DEFINE AN ADDITIONAL TERM; BY AMENDING SECTION 40-43-84, RELATING TO PHARMACY INTERNS AND EXTERNS, SO AS TO REMOVE CERTAIN DIRECT SUPERVISION REQUIREMENTS; BY AMENDING SECTION 40-43-190, RELATING TO PROTOCOL FOR PHARMACISTS TO ADMINISTER VACCINES WITHOUT PRACTITIONER ORDERS, SO AS TO INCLUDE THE DISPENSATION OF CERTAIN DRUGS AND DEVICES, TO LOWER THE VACCINATION RECIPIENT AGE TO TWELVE YEARS OF AGE, TO AUTHORIZE DIRECTLY SUPERVISED PHARMACY INTERNS TO ADMINISTER CERTAIN VACCINATIONS, AND TO PROVIDE WRITTEN PROTOCOL REQUIREMENTS, AMONG OTHER THINGS; BY AMENDING SECTION 40-43-200, RELATING TO THE JOINT PHARMACIST-ADMINISTERED VACCINES COMMITTEE, SO AS TO RENAME THE COMMITTEE AS THE "JOINT PHARMACIST ACCESS COMMITTEE" AND MAKE OTHER CONFORMING CHANGES; AND TO PROVIDE THE PHARMACIST ACCESS COMMITTEE MUST SUBMIT ITS INITIAL RECOMMENDATIONS TO THE BOARD OF PHARMACY NO LATER THAN FOUR MONTHS AFTER THE PASSAGE OF THIS ACT, AND PERIODICALLY THEREAFTER AS DETERMINED BY THE COMMITTEE.

Rep. DAVIS moved to adjourn debate on the Bill, which was agreed to.

H. 4655--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 4655 (Word version) -- Reps. Haddon, Pope, Oremus, Cobb-Hunter, J. L. Johnson, Collins, Henderson-Myers, Hart, King, Williams, Henegan, Ligon, McDaniel and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO STANDARDS FOR PHYSICAL ACTIVITY AND PHYSICAL EDUCATION IN KINDERGARTEN THROUGH EIGHTH GRADE, SO AS TO REQUIRE CERTAIN MANDATORY MINIMUM PERIODS FOR PHYSICAL EDUCATION AND RECESS IN FOUR-YEAR OLD KINDERGARTEN THROUGH EIGHTH GRADE EACH YEAR IN ADDITION TO OTHER CURRICULUM REQUIREMENTS, AND TO PROVIDE RECESS PERIODS MUST BE HELD INDOORS DURING TIMES OF INCLEMENT WEATHER; TO REDESIGNATE ARTICLE 1 OF CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY"; TO PROVIDE THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION SHALL TAKE CERTAIN MEASURES TO CONFORM THEIR RESPECTIVE REGULATIONS AND RULES TO THE PROVISIONS OF THIS ACT; AND TO CLARIFY THAT THE PROVISIONS OF THIS ACT PREVAIL TO THE EXTENT THEY CONFLICT WITH ANY SUCH REGULATIONS AND RULES.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4655 (Word version) (LC-4655.WAB0007H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-10-10(A)(2), (3), and (4) and inserting:

(2) Beginning in the 2006-07 2024-2025 School Year, students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity. In 2006-07, a minimum of sixty minutes a week must be provided in physical education, and as Section 59-10-20 is phased in, the minimum time for physical education must be increased to ninety minutes a weekan hour and thirty minutes of physical education weekly. Students in sixth grade through eighth grade must be provided a minimum of sixty hours of physical education during each school year. The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth eighth grade with scheduled physical education either every day or on alternate days throughout the school year and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio as specified in the defined programof 28 to 1. For grades 6-8, the student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 40 to 1 and the physical education teacher load may not exceed 240 students per day. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses. The physical activity must be planned and coordinated by the certified/licensed Physical Education Activity Director pursuant to Section 59-10-30.

(3) Every student in four year old kindergarten through eighth grade must be provided a minimum of twenty minutes of outdoor recess, with allowance for short-term interruption not to exceed three consecutive school days due to facility and staffing availability, in addition to the time required to meet existing physical education standards of this title and other academic curriculum requirements.

(4) In the event of inclement weather, the school shall hold recess period indoors as conducive to allowing physical activity as practical. Recess periods may not be used to fulfill any curriculum or physical education requirements and cannot be removed as a form of punishment to an individual or group.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X.   Section 59-10-10 (C) and (D) of the S.C. Code is amended to read:

(C) During each year of implementation of the reduced student to physical education teacher ratio, Each district shall annually report to the State Department of Education by June fifteenth, the number of minutes of physical education instruction and the minutes of additional physical activity students receive daily with a total for the week. The report must be listed by elementary school and by individual class and grade level. The State Department of Education shall provide a summary of this information to the General Assembly by December first of each year of implementation.

(D) The implementation of decreased student to teacher ratio and increased instruction in physical education pursuant to Section 59-10-20 is not intended to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists the requirements of Section 59-10-10 (A) shall not result in the replacement or reduction of time dedicated to instruction in the arts taught by certified arts specialists.
SECTION X.   Section 59-10-30(C) of the S.C. Code is amended to read:

(C) Noncertified staff or adult volunteers may assist in implementing or supervising these structured physical activities, including the daily recess requirement in Section 59-10-30 (A), if approved by the district superintendent. If volunteers are used, appropriate liability insurance must be provided. The director annually shall submit to the principal a report outlining the additional physical activities for students.
Amend the bill further by striking SECTION 3 and inserting:
SECTION 3.   The provisions of this act must be fully implemented by July 1, 2025.
Renumber sections to conform.
Amend title to conform.

Rep. HADDON explained the amendment.
The amendment was then adopted.

Rep. BEACH spoke against the Bill.
Rep. OREMUS spoke in favor of the Bill.

Further proceedings were interrupted by the time expiring on the uncontested calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. OTT moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. DAVIS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 4609 (Word version) -- Reps. Hixon and B. L. Cox: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-2-105, RELATING TO GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS, SO AS TO PROVIDE CERTAIN MUNICIPALITIES AND COUNTIES MAY ENACT ORDINANCES TO ALLOW GOLF CARTS TO OPERATE IN DESIGNATED AREAS WITHIN THEIR JURISDICTIONS AT NIGHT.
Ordered for consideration tomorrow.

Rep. DAVIS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 5042 (Word version) -- Reps. B. L. Cox, J. L. Johnson, Murphy, Sessions, Cobb-Hunter, Kirby, Brewer, Garvin, Henegan, M. M. Smith, Jefferson, Rivers, McDaniel, Davis, Haddon, King, Gilliard, Stavrinakis, Bauer, West, Wetmore, T. Moore, Thigpen, Chapman, Schuessler, Pope, Guffey, Dillard, W. Jones, Pendarvis, G. M. Smith, Weeks, Wheeler, Williams, S. Jones, J. Moore, O'Neal, B. Newton, Neese, Lawson, Atkinson, Hayes, W. Newton, Bannister, Caskey, Hyde, J. E. Johnson, Hiott, Brittain, Hartnett, Mitchell, Yow, Gagnon, Carter, Guest, Gatch, Crawford, Ott, Rutherford, Leber, Hixon, Herbkersman, Anderson, Bailey, Elliott, Gilliam, Calhoon, Wooten, Forrest, Pedalino, Jordan, Bustos, Bamberg, Bernstein, Clyburn, Hosey, Henderson-Myers, Howard, Vaughan and Beach: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 10-1-185 SO AS TO ESTABLISH ON THE GROUNDS OF THE STATE HOUSE A ROBERT SMALLS MONUMENT, CREATE A COMMISSION TO DETERMINE THE DESIGN AND LOCATION OF THE MONUMENT, PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND SUNSET THE COMMISSION AT A DATE CERTAIN.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5293 (Word version) -- Reps. Kirby, Atkinson, Alexander, Anderson, 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, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF COUNCILMAN W.B. WILSON AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FRIENDS AND FAMILY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5294 (Word version) -- Reps. Thigpen, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO HONOR THE RIDGE VIEW HIGH SCHOOL BOYS BASKETBALL TEAM AND COACHES ON THEIR IMPRESSIVE WIN OF THE 2024 CLASS AAAA STATE CHAMPIONSHIP TITLE AND TO SALUTE THEM ON A SUPERB SEASON.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5295 (Word version) -- Reps. Cobb-Hunter, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, 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, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE COMMUNITY ACTION NETWORK AT THE CELEBRATION OF ITS SIXTIETH ANNIVERSARY AND TO COMMEND THE ORGANIZATION ON MORE THAN A HALF-CENTURY OF FIGHTING THE WAR ON POVERTY.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5296 (Word version) -- Reps. Cobb-Hunter, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, 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, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MRS. JANE WANJIRU MWANGI, PRESIDENT OF THE BAPTIST WOMEN'S UNION OF AFRICA AND VICE PRESIDENT OF THE BAPTIST WORLD ALLIANCE WOMEN'S DEPARTMENT, FOR HER EXTRAORDINARY WORK AND TO WELCOME HER TO THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

H. 4655--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill:

H. 4655 (Word version) -- Reps. Haddon, Pope, Oremus, Cobb-Hunter, J. L. Johnson, Collins, Henderson-Myers, Hart, King, Williams, Henegan, Ligon, McDaniel and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO STANDARDS FOR PHYSICAL ACTIVITY AND PHYSICAL EDUCATION IN KINDERGARTEN THROUGH EIGHTH GRADE, SO AS TO REQUIRE CERTAIN MANDATORY MINIMUM PERIODS FOR PHYSICAL EDUCATION AND RECESS IN FOUR-YEAR OLD KINDERGARTEN THROUGH EIGHTH GRADE EACH YEAR IN ADDITION TO OTHER CURRICULUM REQUIREMENTS, AND TO PROVIDE RECESS PERIODS MUST BE HELD INDOORS DURING TIMES OF INCLEMENT WEATHER; TO REDESIGNATE ARTICLE 1 OF CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY"; TO PROVIDE THE STATE BOARD OF EDUCATION AND STATE DEPARTMENT OF EDUCATION SHALL TAKE CERTAIN MEASURES TO CONFORM THEIR RESPECTIVE REGULATIONS AND RULES TO THE PROVISIONS OF THIS ACT; AND TO CLARIFY THAT THE PROVISIONS OF THIS ACT PREVAIL TO THE EXTENT THEY CONFLICT WITH ANY SUCH REGULATIONS AND RULES.

Rep. OTT spoke in favor of the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Carter                   Caskey
Chapman                  Chumley                  Cobb-Hunter
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Haddon
Hardee                   Harris                   Hartnett
Hayes                    Henderson-Myers          Herbkersman
Hewitt                   Hiott                    Hixon
Hosey                    Howard                   Hyde
Jefferson                J. E. Johnson            J. L. Johnson
S. Jones                 W. Jones                 Jordan
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 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                     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                      

Total--110

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4655 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Michael F. Rivers

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4655 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Fawn Pedalino

H. 5203--DEBATE ADJOURNED

The following Bill was taken up:

H. 5203 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "BUDGET PROVISO CODIFICATION ACT OF 2024", SO AS TO PROVIDE FOR THE CODIFICATION IN THE S.C. CODE OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTIONS 59-17-170, 59-1-471, 59-17-180, 59-17-190, 59-67-310, 59-67-800, 59-67-330, 59-67-340, 59-17-200, 59-17-210, 59-1-472, AND 59-1-407 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF EDUCATION; BY ADDING SECTIONS 59-47-150 AND 59-6-130 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF EDUCATION-EIA; BY ADDING SECTIONS 59-51-60, 59-51-70, AND 59-51-80 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL; BY ADDING SECTIONS 59-47-130, 59-47-140, AND 59-47-150 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE SCHOOL FOR THE DEAF AND BLIND; BY ADDING SECTION 59-49-170 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE GOVERNOR'S SCHOOL FOR AGRICULTURE AT JOHN DE LA HOWE; BY ADDING SECTIONS 59-7-70, 59-7-80, 59-7-90, AND 59-101-220 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE EDUCATIONAL TELEVISION COMMISSION; BY ADDING SECTIONS 59-50-80, 59-50-90, AND 59-50-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES; BY ADDING SECTIONS 59-48-80, 59-48-90, 59-48-100, AND 59-1-497 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS; BY ADDING SECTION 59-123-330 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; BY ADDING SECTIONS 59-53-110 AND 59-53-170 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION; BY ADDING SECTION 60-1-180 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE STATE LIBRARY; BY ADDING SECTIONS 60-15-100, 60-15-110, AND 60-15-120 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ARTS COMMISSION; BY ADDING SECTIONS 60-13-60, 60-13-70, 60-13-80, AND 60-13-90 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE MUSEUM COMMISSION; BY ADDING SECTIONS 43-31-180 AND 43-31-190 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF VOCATIONAL REHABILITATION; BY ADDING SECTIONS 44-6-116, 44-6-117, 44-6-118, 44-6-119, 44-6-120, 44-6-121, 44-6-122, AND 44-6-123 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; BY ADDING SECTIONS 44-1-320, 44-1-330, 44-1-340, 44-1-350, 44-1-360, 44-1-370, 48-6-90, 44-1-380, 48-6-100, 48-6-110, 44-1-400, 44-1-410, AND 44-1-420 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; BY ADDING SECTIONS 44-9-170 AND 44-9-180 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF MENTAL HEALTH; BY ADDING SECTIONS 44-20-40, 44-20-50, 44-20-60, 44-20-70, AND 44-20-80 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; BY ADDING SECTIONS 44-49-90 AND 44-49-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; BY ADDING SECTIONS 43-1-270, 43-1-280, 43-1-290, 43-1-300, 43-1-310, 43-1-320, 43-1-330, 43-1-340, 43-1-350, 43-1-360, AND 43-1-370 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF SOCIAL SERVICES; BY ADDING SECTION 43-21-210 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON AGING; BY ADDING SECTION 63-11-2300 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON CHILDREN'S ADVOCACY; BY ADDING SECTION 31-13-100 AND BY AMENDING SECTION 31-13-430, RELATING TO THE ADVISORY COMMITTEE, SO AS TO CODIFY PROVISOS RELATING TO THE HOUSING FINANCE AND DEVELOPMENT AUTHORITY; BY ADDING SECTIONS 48-23-310, 48-23-320, AND 48-23-330 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE FORESTRY COMMISSION; BY ADDING SECTION 46-1-170 SO AS TO CODIFY A PROVISO RELATING TO CLEMSON UNIVERSITY PSA; BY ADDING SECTIONS 50-3-200, 50-3-210, 50-3-220, 50-3-230, AND 50-3-240 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF NATURAL RESOURCES; BY ADDING SECTION 48-45-90 SO AS TO CODIFY A PROVISO RELATING TO THE SEA GRANT CONSORTIUM; BY ADDING SECTIONS 51-1-100, 51-1-110, AND 51-1-120 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM; BY ADDING SECTIONS 13-1-70, 13-1-80, 13-1-90, 13-1-100, 13-1-110, 13-1-120, 13-1-130, AND 13-1-140 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF COMMERCE; BY ADDING SECTIONS 11-50-190 AND 11-40-280 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE RURAL INFRASTRUCTURE AUTHORITY; BY ADDING SECTIONS 14-9-270, 14-1-250, 14-3-460, 14-1-260, 14-1-270, 14-1-280, 14-1-290, AND 14-1-300 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE JUDICIAL DEPARTMENT; BY ADDING SECTIONS 1-23-690 AND 14-1-290 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ADMINISTRATIVE LAW COURT; BY ADDING SECTION 8-1-200 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE PROSECUTION COORDINATION COMMISSION; BY ADDING SECTIONS 23-3-87, 23-3-90, 23-3-92, 23-3-95, 23-3-97, AND 23-3-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE LAW ENFORCEMENT DIVISION; BY ADDING SECTION 23-6-197 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTIONS 23-23-170 AND 23-23-180 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL; BY ADDING SECTIONS 24-1-330, 24-1-340, 24-1-350, 24-1-360, 24-1-370, 24-1-380, 24-1-390, 24-1-400, 24-1-410, 24-1-420, 24-1-430, 24-1-440, 24-1-450, AND 24-1-460 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF CORRECTIONS; BY ADDING SECTION 24-21-120 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; BY ADDING SECTIONS 63-19-500, 63-19-510, 63-19-520, 63-19-530, 63-19-540, 63-19-550, 63-19-560, AND 63-19-570 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE; BY ADDING SECTIONS 1-13-120, 1-13-130, AND 1-13-140 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE HUMAN AFFAIRS COMMISSION; BY ADDING SECTION 1-31-70, 1-31-80, 1-31-90, 1-31-100, AND 1-31-110 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE COMMISSION FOR MINORITY AFFAIRS; BY ADDING SECTIONS 58-4-140, 58-4-150, AND 58-4-160 SO AS TO CODIFY CERTAIN PROVISIONS RELATING TO THE OFFICE OF REGULATORY STAFF; BY ADDING SECTION 48-3-260 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE WORKERS' COMPENSATION COMMISSION; BY ADDING SECTION 42-7-230 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE STATE ACCIDENT FUND; BY ADDING SECTION 38-3-250 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 34-1-230 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE BOARD OF FINANCIAL INSTITUTIONS; BY ADDING SECTION 37-1-304 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS; BY ADDING SECTIONS 41-3-150, 41-3-160, 23-9-199, AND 41-3-170 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; BY ADDING SECTION 56-1-560 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTIONS 57-3-240, 57-3-250, AND 57-3-260 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF TRANSPORTATION; BY ADDING SECTIONS 55-1-110, 55-1-120 AND 55-1-130 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DIVISION OF AERONAUTICS; BY ADDING SECTION 10-3-70 SO AS TO CODIFY A PROVISO RELATED TO THE OFFICE OF GOVERNOR; BY ADDING SECTION 1-11-498 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 11-5-300 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE OFFICE OF STATE TREASURER; BY ADDING SECTION 25-1-180 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE OFFICE OF THE ADJUTANT GENERAL; BY ADDING SECTIONS 7-3-80, 7-3-90, AND 7-3-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ELECTION COMMISSION; BY ADDING SECTION 12-2-150 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF REVENUE; BY ADDING SECTIONS 1-1-1720, 59-101-440, 59-53-110, 59-101-450, 1-11-492, 1-1-1730, 11-11-85, 1-1-1740, 11-49-180, BY AMENDING SECTION 12-36-1310, RELATING TO THE USE TAX, BY ADDING SECTIONS 4-10-610, 11-55-60, 59-1-498, 1-1-1750, 1-11-499, 1-1-1760; BY AMENDING SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS; BY ADDING SECTIONS 1-1-1770 AND 1-3-70 ALL SO AS TO CODIFY CERTAIN PROVISOS RELATING TO GENERAL PROVISIONS; AND BY AMENDING SECTION 11-11-220 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO STATEWIDE REVENUE.

Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.

H. 3776--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3776 (Word version) -- Reps. Bannister, Bamberg, Caskey, Collins, Connell, Elliott, Garvin, Gatch, Guest, Hager, Hart, Henderson-Myers, Hyde, J. E. Johnson, Jordan, McCabe, McCravy, Mitchell, Pope, Robbins, Rose, Rutherford, Stavrinakis, T. Moore, Tedder, W. Newton, Weeks, Wetmore and Wheeler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 14-5-130 RELATING TO JUDGES ABSENTING THEMSELVES FROM THE STATE.

Rep. JORDAN explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Carter                   Caskey                   Chapman
Chumley                  Cobb-Hunter              Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hayes                    Henderson-Myers
Herbkersman              Hewitt                   Hiott
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. E. Johnson
J. L. Johnson            S. Jones                 W. Jones
Jordan                   Kilmartin                King
Kirby                    Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     Magnuson                 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
Rose                     Rutherford               Sandifer
Schuessler               G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Thayer
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 Williams                 Willis
Wooten                   Yow                      

Total--107

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4561--DEBATE ADJOURNED

The following Bill was taken up:

H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams and Jefferson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".

Rep. W. NEWTON moved to adjourn debate on the Bill, which was agreed to.

H. 4563--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4563 (Word version) -- Reps. Bernstein, J. L. Johnson and Clyburn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 6-11-345 SO AS TO CLARIFY THE POWER OF SPECIAL PURPOSE DISTRICTS TO OWN, ACQUIRE, PURCHASE, HOLD, USE, LEASE, CONVEY, SELL, TRANSFER, OR OTHERWISE DISPOSE OF PROPERTY IN FURTHERANCE OF CERTAIN FUNCTIONS, TO PROVIDE THESE POWERS ARE IN ADDITION TO POWERS AND AUTHORIZATIONS PREVIOUSLY VESTED IN SUCH DISTRICTS, AND DEFINE NECESSARY TERMINOLOGY.

Rep. JORDAN explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Bamberg                  Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Calhoon
Carter                   Chapman                  Chumley
Cobb-Hunter              Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hardee                   Hartnett
Hayes                    Henderson-Myers          Herbkersman
Hewitt                   Hiott                    Hixon
Hosey                    Howard                   Hyde
Jefferson                J. E. Johnson            J. L. Johnson
S. Jones                 W. Jones                 Jordan
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 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               G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Thayer                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total--109

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4234--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4234 (Word version) -- Reps. W. Newton, Bernstein and Mitchell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 62-5-101, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "SUPPORTS AND ASSISTANCE"; BY AMENDING SECTION 62-5-103, RELATING TO FACILITY OF PAYMENT OR DELIVERY, SO AS TO CLARIFY THE NATURE OF THE FIFTEEN THOUSAND DOLLAR THRESHOLD; BY AMENDING SECTION 62-5-106, RELATING TO DUTIES OF GUARDIANS AD LITEM, SO AS TO INCREASE THE LENGTH OF TIME THE GUARDIAN AD LITEM HAS TO SUBMIT HIS REPORT PRIOR TO THE HEARING; BY AMENDING SECTION 62-5-108, RELATING TO EMERGENCY AND TEMPORARY ORDERS AND HEARINGS, SO AS TO CLARIFY CERTAIN ASPECTS OF THE PROCESS; BY AMENDING SECTIONS 62-5-303, 62-5-303A, 62-5-303B, 62-5-303C, AND 62-5-303D, ALL RELATING TO THE PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN, SO AS TO CLARIFY CERTAIN ASPECTS OF THE PROCESS; BY AMENDING SECTION 62-5-307, RELATING TO INFORMAL REQUESTS FOR RELIEF, SO AS TO CLARIFY THE WARD'S ABILITY TO SUBMIT CERTAIN REQUESTS TO THE COURT; BY AMENDING SECTION 62-5-401, RELATING TO VENUES, SO AS TO CLARIFY, AMONG OTHER THINGS, THAT, IN THE CASE OF MINOR CONSERVATORSHIPS, PROPER VENUE IS THE COUNTY IN WHICH THE MINOR RESIDES OR OWNS PROPERTY; BY AMENDING SECTION 62-5-403A, RELATING TO SERVICE OF SUMMONS AND PETITIONS, SO AS TO INCLUDE CERTAIN OTHER AFFIDAVITS AND REPORTS AMONG THOSE THAT MUST BE FILED WITH THE PETITION; BY AMENDING SECTION 62-5-403B, RELATING TO THE APPOINTMENT OF COUNSEL AND GUARDIANS, SO AS TO APPOINT NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS, NURSES, AND PSYCHOLOGISTS TO SERVE AS EXAMINERS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 62-5-403C, RELATING TO HEARINGS AND WAIVERS, SO AS TO REVISE, AMONG OTHER THINGS, CERTAIN PROCEDURES IF NO PARTY REQUESTS A HEARING OR IF THE ALLEGED INCAPACITATED INDIVIDUAL WAIVES HIS RIGHT TO A HEARING; BY AMENDING SECTION 62-5-405, RELATING TO PROTECTIVE ARRANGEMENTS, SO AS TO REVISE CERTAIN ACTS THAT MAY BE PERFORMED BY CONSERVATORS AND SPECIAL CONSERVATORS; BY AMENDING SECTION 62-5-422, RELATING TO POWERS OF CONSERVATORS IN ADMINISTRATION, SO AS TO MAKE CONFORMING CHANGES REGARDING THE PAYMENT OF CERTAIN FEES; BY AMENDING SECTION 62-5-426, RELATING TO CLAIMS AGAINST PROTECTED PERSONS, SO AS TO REQUIRE, AMONG OTHER THINGS, THAT THE CLAIMANT ALSO MUST FILE A WRITTEN STATEMENT OF THE CLAIM WITH THE PROBATE COURT IN WHICH THE CONSERVATORSHIP IS UNDER ADMINISTRATION; BY AMENDING SECTION 62-5-428, RELATING TO ACTIONS FOR REQUESTS SUBSEQUENT TO THE APPOINTMENT, SO AS TO, AMONG OTHER THINGS, REVISE CERTAIN ACTIONS THAT THE COURT MAY TAKE AFTER THE TIME FOR RESPONSE TO THE PETITION HAS ELAPSED TO ALL PARTIES SERVED; BY AMENDING SECTION 62-5-433, RELATING TO DEFINITIONS AND PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO, AMONG OTHER THINGS, DEFINE "GUARDIAN AD LITEM"; BY AMENDING SECTION 62-5-715, RELATING TO CONFIRMATIONS OF GUARDIANSHIPS OR CONSERVATORSHIPS TRANSFERRED FROM OTHER STATES, SO AS TO ALLOW THE COURT MORE DISCRETION AS TO THE TYPE OF DOCUMENTS IT MAY REQUIRE IN THE TRANSFER OF A GUARDIANSHIP OR CONSERVATORSHIP FROM ANOTHER JURISDICTION; AND BY AMENDING SECTION 62-5-716, RELATING TO THE REGISTRATION OF ORDERS FROM ANOTHER STATE, SO AS TO, AMONG OTHER THINGS, ACKNOWLEDGE THAT IN CERTAIN OTHER JURISDICTIONS, A GUARDIAN MAY ALSO HOLD THE SAME POWERS AS A CONSERVATOR.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4234 (Word version) (LC-4234.PH0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 62-5-101(23)(a) and inserting:

(a) systems in place for the alleged incapacitated individual to make decisions in advance or to have another person to act on his behalf, including, but not limited to, having an agent under a durable power of attorney, a health care power of attorney, a trustee under a trust, a representative payee to manage social security funds, a Declaration of Desire for Natural Death (living will), a designated health care decision maker under Section 44-66-30, or an educational representative designated under Section 59-33-310 to Section 59-33-370; and
Renumber sections to conform.
Amend title to conform.

Rep. BERNSTEIN explained the amendment.
The amendment was then adopted.

Rep. BERNSTEIN explained the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Anderson                 Bailey                   Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Caskey                   Chapman
Cobb-Hunter              Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hardee                   Harris
Hart                     Hartnett                 Hayes
Henderson-Myers          Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            S. Jones
W. Jones                 Jordan                   Kilmartin
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     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               G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Thayer                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total--109

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. THAYER a temporary leave of absence.

H. 4642--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4642 (Word version) -- Reps. Mitchell, Gilliam, Pope, Sessions, Caskey and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-1-20, RELATING TO THE ACCEPTANCE OF ACT OF CONGRESS, SO AS TO DISALLOW CONFLICTS; BY AMENDING SECTION 25-1-40, RELATING TO THE APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO REMOVE PROVISIONS; BY AMENDING SECTION 25-1-2420, RELATING TO THE MILITARY CODE DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "MILITARY FORCES"; BY AMENDING SECTION 25-1-2430, RELATING TO PERSONS SUBJECT TO CODE OF MILITARY JUSTICE, SO AS TO PROVIDE FOR WHAT JURISDICTION DUTY STATUS INCLUDES; BY AMENDING SECTION 25-1-2520, RELATING TO NONJUDICIAL DISCIPLINARY PUNISHMENT, SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT DECLINE NONJUDICIAL PUNISHMENT; BY AMENDING SECTION 25-1-2530, RELATING TO TYPES OF COURTS-MARTIAL, SO AS TO PROVIDE FOR WHOM A SPECIAL COURT-MARTIAL CONSISTS OF; BY AMENDING SECTION 25-1-2550, RELATING TO THE JURISDICTION OF GENERAL COURTS-MARTIAL, SO AS TO REMOVE FORFEITURE OF PAY; BY AMENDING SECTION 25-1-2560, RELATING TO THE JURISDICTION OF SPECIAL COURTS-MARTIAL, SO AS TO REMOVE FORFEITURE OF PAY; BY AMENDING SECTION 25-1-2570, RELATING TO THE JURISDICTION OF SUMMARY COURTS-MARTIAL, SO AS TO PROVIDE FOR PUNISHMENTS; BY AMENDING SECTION 25-1-2620, RELATING TO DETAIL AND DESIGNATION OF MILITARY JUDGES, SO AS TO PROVIDE THE AUTHORITY CONVENING A SUMMARY COURT-MARTIAL; BY AMENDING SECTION 25-1-2765, RELATING TO VOTING AND RULINGS, SO AS TO REMOVE CERTAIN REFERENCES TO THE PRESIDENT OF A COURT MARTIAL; BY AMENDING SECTION 25-1-2780, RELATING TO RECORD OF TRIAL, SO AS TO INCLUDE THE ADJUTANT GENERAL; BY AMENDING SECTION 25-1-2795, RELATING TO FORFEITURE OF PAY, SO AS TO REMOVE THE SENTENCE OF FORFEITURE OF PAY; BY AMENDING SECTION 25-1-2805, RELATING TO THE REDUCTION IN PAY GRADE AND THE RESTORATION OF BENEFITS, SO AS TO INCLUDE THE ADJUTANT GENERAL; BY AMENDING SECTION 25-1-2865, RELATING TO THE REMISSION OR SUSPENSION OF A SENTENCE, SO AS TO REPLACE FORFEITURES WITH FINES; BY AMENDING SECTION 25-1-2985, RELATING TO THE IMPROPER USE OR DISCLOSURE OF PAROLE OR COUNTERSIGN, SO AS TO INCLUDE WHEN THE USE OF MILITARY FORCE HAS BEEN AUTHORIZED BY CERTAIN INDIVIDUALS; BY AMENDING SECTION 25-1-3140, RELATING TO WRIT WHEN FINE HAS NOT BEEN PAID, SO AS TO UPDATE DATES; BY AMENDING SECTION 25-1-3145, RELATING TO WRIT OF SENTENCE OF CONFINEMENT, SO AS TO UPDATE DATES; AND BY AMENDING SECTION 25-1-3160, RELATING TO CONSTRUCTION OF CODE OF MILITARY JUSTICE, SO AS TO PROVIDE THAT THE UNIFORM CODE OF MILITARY JUSTICE IS NOT BINDING ON THE SOUTH CAROLINA CODE OF MILITARY JUSTICE.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 4642 (Word version) (LC-4642.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 5, by striking Section 25-1-2520 and inserting:
Section 25-1-2520   1.   Under regulations that the Adjutant General may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of general officers or commanders authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon a demand. However, punishment may not be imposed upon a member of the military forces under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized pursuant to this section. A colonel or general officer may delegate his nonjudicial punishment authority to an individual within his authority, who is no more than one grade two grades inferior in rank, so long as the adjudged sentence is not executed until the delegating commander has approved the procedure and sentence.
Renumber sections to conform.
Amend title to conform.

Rep. MCCRAVY explained the amendment.
The amendment was then adopted.

Rep. MCCRAVY explained the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Calhoon
Caskey                   Chapman                  Cobb-Hunter
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Gagnon
Garvin                   Gatch                    Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hart                     Hartnett                 Hayes
Henderson-Myers          Herbkersman              Hewitt
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
McDaniel                 McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Ott
Pace                     Pedalino                 Pendarvis
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total--103

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4813--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4813 (Word version) -- Reps. Wooten, W. Newton and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-23-60, RELATING TO CERTIFICATES OF COMPLIANCE ISSUED BY THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO PROVIDE INDIVIDUALS SEEKING CERTIFICATION MUST UNDERGO CRIMINAL RECORDS CHECKS, TO PROVIDE SLED AND THE FBI MAY RETAIN THE INDIVIDUALS' FINGERPRINTS FOR VARIOUS PURPOSES, AND TO PROVIDE THE INDIVIDUALS SHALL BE RESPONSIBLE FOR THE COSTS OF THE RECORDS CHECKS.

Rep. MCCRAVY explained the Bill.
The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Burns
Bustos                   Calhoon                  Caskey
Chapman                  Chumley                  Cobb-Hunter
Connell                  B. L. Cox                Cromer
Davis                    Dillard                  Elliott
Erickson                 Forrest                  Gagnon
Garvin                   Gatch                    Gibson
Gilliam                  Gilliard                 Guffey
Haddon                   Harris                   Hart
Hartnett                 Hayes                    Henderson-Myers
Herbkersman              Hewitt                   Hixon
Hosey                    Howard                   Hyde
Jefferson                J. L. Johnson            S. Jones
W. Jones                 Jordan                   Kilmartin
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     Magnuson
May                      McCabe                   McCravy
McDaniel                 Mitchell                 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
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total--103

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 4871--DEBATE ADJOURNED

The following Bill was taken up:

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.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 4874--DEBATE ADJOURNED

The following Bill was taken up:

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.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 4820--DEBATE ADJOURNED

The following Bill was taken up:

H. 4820 (Word version) -- Reps. Forrest, Hixon, Hayes, Chumley, Burns, Haddon, Magnuson, Chapman, McDaniel and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-580, RELATING TO THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS, BAG LIMITS, TAKING FEMALE WILD TURKEYS, AND ANNUAL REPORTING, SO AS TO ADJUST THE HUNTING AND LIMIT FOR TAKING MALE WILD TURKEYS; AND TO PROVIDE A SUNSET PROVISION.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 5164--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 5164 (Word version) -- Reps. Erickson, G. M. Smith, Herbkersman, Hartnett, McGinnis, Pope, Schuessler, Bradley, Hager, Long, Vaughan, Bannister, Elliott, Willis, Yow, Hiott, Gilliam, Mitchell, Hardee, Whitmire, W. Newton, B. Newton, Davis, Gagnon, Hixon, Lowe, Thayer, West, Taylor, Crawford and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-8-110, RELATING TO DEFINITIONS CONCERNING THE EDUCATION SCHOLARSHIP TRUST FUND PROGRAM, SO AS TO REVISE SEVERAL DEFINITIONS; BY AMENDING SECTION 59-8-115, RELATING TO THE APPLICATION PROCESS FOR SCHOLARSHIPS, SO AS TO PROVIDE ADDITIONAL APPLICATION PROCESSES, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-120, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE TRUST FUND, SO AS TO PROVIDE CONFIDENTIALITY REQUIREMENTS FOR CERTAIN RELATED INFORMATION, TO REVISE THE FUNDING FORMULA, AND TO REVISE RELATED ADMINISTRATIVE PROCEDURES; BY AMENDING SECTION 59-8-125, RELATING TO FUNDING AND ADMINISTRATION OF THE PROGRAM, SO AS TO REVISE ADMINISTRATIVE FEES, AND TO REMOVE PROVISIONS ALLOWING THE USE OF QUALIFIED THIRD PARTIES TO MANAGE ACCOUNTS AND ADMINISTER RELATED FUNCTIONS, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-130, RELATING TO REVERSION OF SCHOLARSHIP FUNDS UPON TERMINATION OF A SCHOLARSHIP, SO AS TO PROVIDE FOR THE RETURN OF REVERTED FUNDS IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 59-8-135, RELATING TO LIMITATIONS ON SCHOLARSHIPS, SO AS TO REVISE THE LIMITATIONS, REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SUBMIT AN ANNUAL BUDGET REQUEST BASED ON CERTAIN SCHOLARSHIP DEMAND AND USE INFORMATION, AND TO REMOVE OBSOLETE REVIEW REQUIREMENTS, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-140, RELATING TO THE EDUCATION SERVICE PROVIDER APPLICATION REVIEW AND APPROVAL PROCESSES, SO AS TO REVISE CERTIFICATION RENEWAL REQUIREMENTS; BY AMENDING SECTION 59-8-145, RELATING TO THE STUDENT ELIGIBILITY NOTIFICATION PROCESS, SO AS TO PROVIDE THE DEPARTMENT MAY DECLARE A STUDENT INSTEAD OF A PARENT INELIGIBLE, AMONG OTHER THINGS; AND BY AMENDING SECTION 59-8-150, RELATING TO EDUCATION SERVICE PROVIDER REQUIREMENTS, SO AS TO REQUIRE PROVIDERS GIVE PARENTS SPECIFIC DOCUMENTATION FOR QUALIFIED GOODS AND SERVICES ACQUIRED, TO PROVIDE SURETY BOND REQUIREMENTS, AND TO REVISE ACCOUNTABILITY MEASURE REQUIREMENTS.

Reps. B. NEWTON, HIXON, POPE, FORREST, TAYLOR, NEESE, M. M. SMITH, PACE, MITCHELL, SANDIFER, A. M. MORGAN, GARVIN, WHITE, W. NEWTON, WOOTEN, ERICKSON and WEST requested debate on the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. B. NEWTON moved that the House recur to the morning hour, which was agreed to.

H. 3988--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3988 (Word version) -- Reps. Davis, M. M. Smith, B. J. Cox, Pedalino, Forrest, Wheeler, Kirby and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-30, RELATING TO DEFINITIONS IN THE PHARMACY PRACTICE ACT, SO AS TO PROVIDE ADDITIONAL ACTS THAT CONSTITUTE THE PRACTICE OF PHARMACY, TO PERMIT THE DELEGATION OF CERTAIN ACTS TO TRAINED PHARMACY TECHNICIANS AND PHARMACY INTERNS, AND TO DEFINE AN ADDITIONAL TERM; BY AMENDING SECTION 40-43-84, RELATING TO PHARMACY INTERNS AND EXTERNS, SO AS TO REMOVE CERTAIN DIRECT SUPERVISION REQUIREMENTS; BY AMENDING SECTION 40-43-190, RELATING TO PROTOCOL FOR PHARMACISTS TO ADMINISTER VACCINES WITHOUT PRACTITIONER ORDERS, SO AS TO INCLUDE THE DISPENSATION OF CERTAIN DRUGS AND DEVICES, TO LOWER THE VACCINATION RECIPIENT AGE TO TWELVE YEARS OF AGE, TO AUTHORIZE DIRECTLY SUPERVISED PHARMACY INTERNS TO ADMINISTER CERTAIN VACCINATIONS, AND TO PROVIDE WRITTEN PROTOCOL REQUIREMENTS, AMONG OTHER THINGS; BY AMENDING SECTION 40-43-200, RELATING TO THE JOINT PHARMACIST-ADMINISTERED VACCINES COMMITTEE, SO AS TO RENAME THE COMMITTEE AS THE "JOINT PHARMACIST ACCESS COMMITTEE" AND MAKE OTHER CONFORMING CHANGES; AND TO PROVIDE THE PHARMACIST ACCESS COMMITTEE MUST SUBMIT ITS INITIAL RECOMMENDATIONS TO THE BOARD OF PHARMACY NO LATER THAN FOUR MONTHS AFTER THE PASSAGE OF THIS ACT, AND PERIODICALLY THEREAFTER AS DETERMINED BY THE COMMITTEE.

Rep. Beach proposed the following Amendment No. 3 to H. 3988 (Word version) (LC-3988.HDB0009H), which was adopted:
Amend the bill, as and if amended, SECTION 5, Section 40-43-190(A)(2), by adding a subitem to read:

(e) a pharmacist shall only administer a vaccine to a person less than sixteen years of age if that person's caretaker, parent, or legal guardian is present at the time the vaccine is administered.
Renumber sections to conform.
Amend title to conform.

Rep. BEACH explained the amendment.
The amendment was then adopted.

Rep. Harris proposed the following Amendment No. 4 to H. 3988 (Word version) (LC-3988.VR0011H), which was tabled:
Amend the bill, as and if amended, SECTION 5, by striking Section 40-43-190(B)(5) and inserting:

(5)(4) A pharmacist or pharmacy technician administering vaccinations shall, as part of the current continuing education requirements pursuant to Section 40-43-130, complete no less than one hour of continuing education each license year regarding administration of vaccinations.

(5) Administering without a written order or prescription under this section is limited to vaccines that are approved by the federal Food and Drug Administration and are not a gene therapy or novel vaccine as defined in this item. For purposes of this item,

(a) "Gene therapy" means any technique that attempts to prevent or cure a disease or to enhance or change the genetics of a person by insertional mutation of DNA sequences or through manipulation of genetic expression via synthetic mRNA-directed protein synthesis.

(b) "Novel vaccine" means a vaccine:

(i) which has obtained Emergency Use Authorization by the U.S. Food and Drug Administration (FDA);

(ii) which has otherwise not been approved by the FDA; or

(iii) which has not been approved for use by the FDA for at least one calendar year.

(c) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered by injection for the purpose of prevention, amelioration, or treatment of infectious diseases.
Renumber sections to conform.
Amend title to conform.

Rep. HARRIS explained the amendment.

POINT OF ORDER

Rep. CASKEY raised the Point of Order under 9.3 that Amendment No. 4 to HB 3988 was not germane.
The SPEAKER stated that the Amendment No. 4 was germane to the Bill and overruled the Point of Order.

Rep. HARRIS continued speaking.
Rep. HARRIS spoke in favor of the amendment.

Rep. SANDIFER moved to table the amendment.

Rep. HARRIS demanded the yeas and nays which were taken, resulting as follows:

Yeas 80; Nays 19

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Chapman                  Cobb-Hunter
Connell                  B. L. Cox                Crawford
Davis                    Dillard                  Elliott
Erickson                 Gagnon                   Garvin
Gibson                   Gilliard                 Guest
Guffey                   Hardee                   Hartnett
Hayes                    Henderson-Myers          Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            W. Jones                 Jordan
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Lowe                     McDaniel                 McGinnis
J. Moore                 Moss                     Murphy
Neese                    B. Newton                W. Newton
Ott                      Pedalino                 Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Thayer
Vaughan                  Weeks                    West
Wetmore                  Whitmire                 Williams
Willis                   Wooten                   

Total--80

Those who voted in the negative are:

Beach                    Burns                    Chumley
Cromer                   Gilliam                  Harris
S. Jones                 Kilmartin                Long
Magnuson                 McCabe                   McCravy
T. Moore                 A. M. Morgan             Nutt
O'Neal                   Oremus                   Pace
White                                             

Total--19

So, the amendment was tabled.

Rep. West proposed the following Amendment No. 5 to H. 3988 (Word version) (LC-3988.WAB0013H), which was adopted:
Amend the bill, as and if amended, SECTION 5, Section 40-43-190(A)(1)(2), by adding a subitem to read:

(e) a pharmacist shall only administer a vaccine to a person less than sixteen years of age if that person's caretaker (with written parental consent), parent, or legal guardian is present at the time the vaccine is administered.
Renumber sections to conform.
Amend title to conform.

Rep. WEST 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:

Yeas 104; Nays 2

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Bannister                Bauer                    Beach
Bernstein                Blackwell                Bradley
Brewer                   Brittain                 Burns
Bustos                   Calhoon                  Carter
Chapman                  Chumley                  Cobb-Hunter
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Haddon
Hardee                   Hartnett                 Hayes
Henderson-Myers          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                   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                     Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Vaughan                  Weeks
West                     Wetmore                  White
Whitmire                 Williams                 Willis
Wooten                   Yow                      

Total--104

Those who voted in the negative are:

Harris                   Rutherford               

Total--2

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

I ask that an entry be made in the journal to note that I was out of the chamber while the second reading of H. 3988 (Word version), but had I been in the chamber I would have voted for it.

Rep. Micah Caskey

H. 5203--DEBATE ADJOURNED

The following Bill was taken up:

H. 5203 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "BUDGET PROVISO CODIFICATION ACT OF 2024", SO AS TO PROVIDE FOR THE CODIFICATION IN THE S.C. CODE OF CERTAIN PROVISOS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, AND TO CODIFY OTHER RELATED PROVISIONS PERTAINING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, INCLUDING PROVISIONS BY ADDING SECTIONS 59-17-170, 59-1-471, 59-17-180, 59-17-190, 59-67-310, 59-67-800, 59-67-330, 59-67-340, 59-17-200, 59-17-210, 59-1-472, AND 59-1-407 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF EDUCATION; BY ADDING SECTIONS 59-47-150 AND 59-6-130 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF EDUCATION-EIA; BY ADDING SECTIONS 59-51-60, 59-51-70, AND 59-51-80 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL; BY ADDING SECTIONS 59-47-130, 59-47-140, AND 59-47-150 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE SCHOOL FOR THE DEAF AND BLIND; BY ADDING SECTION 59-49-170 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE GOVERNOR'S SCHOOL FOR AGRICULTURE AT JOHN DE LA HOWE; BY ADDING SECTIONS 59-7-70, 59-7-80, 59-7-90, AND 59-101-220 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE EDUCATIONAL TELEVISION COMMISSION; BY ADDING SECTIONS 59-50-80, 59-50-90, AND 59-50-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES; BY ADDING SECTIONS 59-48-80, 59-48-90, 59-48-100, AND 59-1-497 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS; BY ADDING SECTION 59-123-330 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA; BY ADDING SECTIONS 59-53-110 AND 59-53-170 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION; BY ADDING SECTION 60-1-180 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE STATE LIBRARY; BY ADDING SECTIONS 60-15-100, 60-15-110, AND 60-15-120 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ARTS COMMISSION; BY ADDING SECTIONS 60-13-60, 60-13-70, 60-13-80, AND 60-13-90 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE MUSEUM COMMISSION; BY ADDING SECTIONS 43-31-180 AND 43-31-190 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF VOCATIONAL REHABILITATION; BY ADDING SECTIONS 44-6-116, 44-6-117, 44-6-118, 44-6-119, 44-6-120, 44-6-121, 44-6-122, AND 44-6-123 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; BY ADDING SECTIONS 44-1-320, 44-1-330, 44-1-340, 44-1-350, 44-1-360, 44-1-370, 48-6-90, 44-1-380, 48-6-100, 48-6-110, 44-1-400, 44-1-410, AND 44-1-420 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; BY ADDING SECTIONS 44-9-170 AND 44-9-180 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF MENTAL HEALTH; BY ADDING SECTIONS 44-20-40, 44-20-50, 44-20-60, 44-20-70, AND 44-20-80 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; BY ADDING SECTIONS 44-49-90 AND 44-49-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; BY ADDING SECTIONS 43-1-270, 43-1-280, 43-1-290, 43-1-300, 43-1-310, 43-1-320, 43-1-330, 43-1-340, 43-1-350, 43-1-360, AND 43-1-370 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF SOCIAL SERVICES; BY ADDING SECTION 43-21-210 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON AGING; BY ADDING SECTION 63-11-2300 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT ON CHILDREN'S ADVOCACY; BY ADDING SECTION 31-13-100 AND BY AMENDING SECTION 31-13-430, RELATING TO THE ADVISORY COMMITTEE, SO AS TO CODIFY PROVISOS RELATING TO THE HOUSING FINANCE AND DEVELOPMENT AUTHORITY; BY ADDING SECTIONS 48-23-310, 48-23-320, AND 48-23-330 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE FORESTRY COMMISSION; BY ADDING SECTION 46-1-170 SO AS TO CODIFY A PROVISO RELATING TO CLEMSON UNIVERSITY PSA; BY ADDING SECTIONS 50-3-200, 50-3-210, 50-3-220, 50-3-230, AND 50-3-240 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF NATURAL RESOURCES; BY ADDING SECTION 48-45-90 SO AS TO CODIFY A PROVISO RELATING TO THE SEA GRANT CONSORTIUM; BY ADDING SECTIONS 51-1-100, 51-1-110, AND 51-1-120 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM; BY ADDING SECTIONS 13-1-70, 13-1-80, 13-1-90, 13-1-100, 13-1-110, 13-1-120, 13-1-130, AND 13-1-140 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF COMMERCE; BY ADDING SECTIONS 11-50-190 AND 11-40-280 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE RURAL INFRASTRUCTURE AUTHORITY; BY ADDING SECTIONS 14-9-270, 14-1-250, 14-3-460, 14-1-260, 14-1-270, 14-1-280, 14-1-290, AND 14-1-300 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE JUDICIAL DEPARTMENT; BY ADDING SECTIONS 1-23-690 AND 14-1-290 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ADMINISTRATIVE LAW COURT; BY ADDING SECTION 8-1-200 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE PROSECUTION COORDINATION COMMISSION; BY ADDING SECTIONS 23-3-87, 23-3-90, 23-3-92, 23-3-95, 23-3-97, AND 23-3-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE STATE LAW ENFORCEMENT DIVISION; BY ADDING SECTION 23-6-197 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTIONS 23-23-170 AND 23-23-180 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL; BY ADDING SECTIONS 24-1-330, 24-1-340, 24-1-350, 24-1-360, 24-1-370, 24-1-380, 24-1-390, 24-1-400, 24-1-410, 24-1-420, 24-1-430, 24-1-440, 24-1-450, AND 24-1-460 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF CORRECTIONS; BY ADDING SECTION 24-21-120 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; BY ADDING SECTIONS 63-19-500, 63-19-510, 63-19-520, 63-19-530, 63-19-540, 63-19-550, 63-19-560, AND 63-19-570 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE; BY ADDING SECTIONS 1-13-120, 1-13-130, AND 1-13-140 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE HUMAN AFFAIRS COMMISSION; BY ADDING SECTION 1-31-70, 1-31-80, 1-31-90, 1-31-100, AND 1-31-110 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE COMMISSION FOR MINORITY AFFAIRS; BY ADDING SECTIONS 58-4-140, 58-4-150, AND 58-4-160 SO AS TO CODIFY CERTAIN PROVISIONS RELATING TO THE OFFICE OF REGULATORY STAFF; BY ADDING SECTION 48-3-260 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE WORKERS' COMPENSATION COMMISSION; BY ADDING SECTION 42-7-230 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE STATE ACCIDENT FUND; BY ADDING SECTION 38-3-250 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF INSURANCE; BY ADDING SECTION 34-1-230 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE BOARD OF FINANCIAL INSTITUTIONS; BY ADDING SECTION 37-1-304 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF CONSUMER AFFAIRS; BY ADDING SECTIONS 41-3-150, 41-3-160, 23-9-199, AND 41-3-170 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; BY ADDING SECTION 56-1-560 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF MOTOR VEHICLES; BY ADDING SECTIONS 57-3-240, 57-3-250, AND 57-3-260 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DEPARTMENT OF TRANSPORTATION; BY ADDING SECTIONS 55-1-110, 55-1-120 AND 55-1-130 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE DIVISION OF AERONAUTICS; BY ADDING SECTION 10-3-70 SO AS TO CODIFY A PROVISO RELATED TO THE OFFICE OF GOVERNOR; BY ADDING SECTION 1-11-498 SO AS TO CODIFY A PROVISO RELATING TO THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 11-5-300 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE OFFICE OF STATE TREASURER; BY ADDING SECTION 25-1-180 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE OFFICE OF THE ADJUTANT GENERAL; BY ADDING SECTIONS 7-3-80, 7-3-90, AND 7-3-100 SO AS TO CODIFY CERTAIN PROVISOS RELATING TO THE ELECTION COMMISSION; BY ADDING SECTION 12-2-150 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO THE DEPARTMENT OF REVENUE; BY ADDING SECTIONS 1-1-1720, 59-101-440, 59-53-110, 59-101-450, 1-11-492, 1-1-1730, 11-11-85, 1-1-1740, 11-49-180, BY AMENDING SECTION 12-36-1310, RELATING TO THE USE TAX, BY ADDING SECTIONS 4-10-610, 11-55-60, 59-1-498, 1-1-1750, 1-11-499, 1-1-1760; BY AMENDING SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS; BY ADDING SECTIONS 1-1-1770 AND 1-3-70 ALL SO AS TO CODIFY CERTAIN PROVISOS RELATING TO GENERAL PROVISIONS; AND BY AMENDING SECTION 11-11-220 SO AS TO CODIFY A CERTAIN PROVISO RELATING TO STATEWIDE REVENUE.

Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.

H. 4561--DEBATE ADJOURNED

The following Bill was taken up:

H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams and Jefferson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".

Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.

H. 4871--DEBATE ADJOURNED

The following Bill was taken up:

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.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 4874--DEBATE ADJOURNED

The following Bill was taken up:

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.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 4820--DEBATE ADJOURNED

The following Bill was taken up:

H. 4820 (Word version) -- Reps. Forrest, Hixon, Hayes, Chumley, Burns, Haddon, Magnuson, Chapman, McDaniel and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-580, RELATING TO THE SEASON FOR HUNTING AND TAKING MALE WILD TURKEYS, BAG LIMITS, TAKING FEMALE WILD TURKEYS, AND ANNUAL REPORTING, SO AS TO ADJUST THE HUNTING AND LIMIT FOR TAKING MALE WILD TURKEYS; AND TO PROVIDE A SUNSET PROVISION.

Rep. HIXON moved to adjourn debate on the Bill, which was agreed to.

H. 5207--RECALLED AND REFERRED TO COMMITTEE ON WAYS AND MEANS

On motion of Rep. HERBKERSMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Ways and Means:

H. 5207 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 36-8-503, RELATING TO THE PROPERTY INTEREST OF ENTITLEMENT HOLDERS IN FINANCIAL ASSETS HELD BY SECURITIES INTERMEDIARIES, SO AS TO DELETE THE REFERENCE TO SECTION 36-8-511; BY AMENDING SECTION 36-8-511, RELATING TO PRIORITY AMONG SECURITY INTERESTS AND ENTITLEMENT HOLDERS, SO AS TO DELETE THE PROVISIONS RELATED TO THE PRIORITY OF CLAIMS FOR A CREDITOR BY A SECURITIES INTERMEDIARY AND FOR THE PRIORITY OF CLAIMS FOR A CLEARING CORPORATION BY CREDITORS AND ENTITLEMENT HOLDERS; AND BY AMENDING SECTION 36-9-305, RELATING TO THE LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY, SO AS TO DELETE THE PROVISION REGARDING THE LOCAL LAW OF THE SECURITIES INTERMEDIARY'S JURISDICTION TO GOVERN PERFECTION AND PRIORITY OF AN INTEREST IN A SECURITY ENTITLEMENT OR ACCOUNT.

S. 557--DEBATE ADJOURNED

The Senate Amendments to the following Bill were taken up for consideration:

S. 557 (Word version) -- Senators M. Johnson, Peeler, Kimbrell, Adams, Rice, Rankin, Reichenbach, Young, Loftis, Climer, Garrett, Alexander, Campsen and Gustafson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3477, RELATING TO THE APPRENTICE INCOME TAX CREDIT, SO AS TO INCREASE THE AMOUNT OF THE CREDIT AND THE NUMBER OF YEARS IN WHICH IT MAY BE CLAIMED.

Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.

H. 3592--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3592 (Word version) -- Reps. Hyde and Carter: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-30, RELATING TO DEFINITIONS IN THE PHARMACY PRACTICE ACT, SO AS TO REMOVE CERTAIN DEFINITIONS; BY AMENDING SECTION 40-43-86, RELATING TO COMPOUNDING OF MEDICATIONS BY PHARMACIES , SO AS TO REVISE REQUIREMENTS FOR COMPOUNDING PHARMACIES; BY AMENDING SECTION 40-43-87, RELATING TO NUCLEAR/RADIOLOGIC PHARMACY PRACTICES, SO AS TO REMOVE REQUIREMENTS CONCERNING NUCLEAR PHARMACY FACILITIES; AND BY AMENDING SECTION 40-43-88, RELATING TO STANDARDS FOR PREPARATION, LABELING, AND DISTRIBUTION OF STERILE PRODUCTS BY PHARMACIES, SO AS TO REMOVE CERTAIN STANDARDS.

Rep. M. M. SMITH explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 109; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Calhoon
Carter                   Chapman                  Chumley
Cobb-Hunter              Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hardee                   Harris
Hart                     Hartnett                 Hayes
Henderson-Myers          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                   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               G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Thigpen
Vaughan                  Weeks                    West
Wetmore                  White                    Whitmire
Williams                 Willis                   Wooten
Yow                                               

Total--109

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3355--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3355 (Word version) -- Reps. Moss and Lawson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-4072 SO AS TO PROVIDE THAT A TOWING TRUCK WITH A FIFTH WHEEL ASSEMBLY MAY TOW ONE ADDITIONAL VEHICLE, TO PROVIDE A MAXIMUM LENGTH FOR THIS COMBINATION OF VEHICLES, TO PROVIDE THE MAXIMUM WEIGHT FOR THE FINAL TRAILING VEHICLE, AND TO PROVIDE A TRUCK OPERATING A TOWING COMBINATION MUST INCLUDE A VIDEO SYSTEM WHICH ALLOWS THE DRIVER TO MONITOR THE FINAL TRAILING VEHICLE AS IT IS BEING TOWED AND BE EQUIPPED WITH CERTAIN SAFETY DEVICES.

Rep. MOSS explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Calhoon
Carter                   Chapman                  Cobb-Hunter
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Haddon
Hardee                   Harris                   Hart
Hartnett                 Hayes                    Henderson-Myers
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                      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               G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Thigpen                  Vaughan                  Weeks
West                     Wetmore                  White
Whitmire                 Williams                 Willis
Wooten                   Yow                      

Total--107

Those who voted in the negative are:

Total--0

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4116--SENATE AMENDMENTS AMENDED AND RETURNED TO THE SENATE

The Senate Amendments to the following Bill were taken up for consideration:

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.

Rep. King proposed the following Amendment No. 2A to H. 4116 (Word version) (LC-4116.HDB0032H), which was adopted:
Amend the bill, as and if amended, SECTION 16, by striking Section 40-19-265(A)(4) and inserting:

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-fiveseventy-five miles of the establishment;
Amend the bill further, SECTION 16, by striking Section 40-19-265(B)(4) and inserting:

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-fiveseventy-five miles of the establishment;
Amend the bill further, SECTION 16, by striking Section 40-19-265(D)(4) and inserting:

(4) designates a manager who meets the requirements of Section 40-19-20(16) and is current and in good standing with the board and lives within a radius of twenty-fiveseventy-five miles of the establishment;
Renumber sections to conform.
Amend title to conform.

Rep. KING explained the amendment.

Rep. SANDIFER spoke against the amendment.
Rep. KING spoke in favor of the amendment.

Rep. SANDIFER moved to table the amendment.

Rep. KING demanded the yeas and nays which were taken, resulting as follows:

Yeas 44; Nays 55

Those who voted in the affirmative are:

Bailey                   Bannister                Blackwell
Brewer                   Brittain                 Calhoon
Chapman                  B. L. Cox                Crawford
Davis                    Elliott                  Erickson
Gagnon                   Gatch                    Guest
Hardee                   Hartnett                 Herbkersman
Hiott                    Hyde                     J. E. Johnson
Lawson                   Leber                    Ligon
Long                     McCravy                  McGinnis
Mitchell                 Moss                     Murphy
Neese                    B. Newton                W. Newton
Nutt                     Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Stavrinakis
Vaughan                  West                     Whitmire
Willis                   Yow                      

Total--44

Those who voted in the negative are:

Alexander                Anderson                 Bauer
Beach                    Bernstein                Bradley
Bustos                   Carter                   Caskey
Chumley                  Cobb-Hunter              Cromer
Dillard                  Forrest                  Garvin
Gibson                   Gilliam                  Gilliard
Guffey                   Haddon                   Harris
Hart                     Hayes                    Henderson-Myers
Hosey                    Howard                   Jefferson
S. Jones                 W. Jones                 Kilmartin
King                     Kirby                    Landing
Magnuson                 May                      McCabe
McDaniel                 J. Moore                 T. Moore
A. M. Morgan             T. A. Morgan             O'Neal
Oremus                   Ott                      Pace
Pedalino                 Pendarvis                Rivers
Rose                     Rutherford               Taylor
Weeks                    White                    Williams
Wooten                                            

Total--55

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

The yeas and nays were taken resulting as follows:

Yeas 76; Nays 22

Those who voted in the affirmative are:

Alexander                Anderson                 Bailey
Bamberg                  Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brittain                 Burns
Bustos                   Carter                   Chumley
Cobb-Hunter              Crawford                 Cromer
Dillard                  Elliott                  Erickson
Forrest                  Garvin                   Gibson
Gilliam                  Gilliard                 Guest
Guffey                   Haddon                   Harris
Hart                     Hayes                    Henderson-Myers
Hewitt                   Hosey                    Howard
Hyde                     Jefferson                S. Jones
W. Jones                 Kilmartin                King
Kirby                    Landing                  Leber
Ligon                    Magnuson                 McCabe
McDaniel                 Mitchell                 J. Moore
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     B. Newton                W. Newton
O'Neal                   Oremus                   Ott
Pace                     Pedalino                 Pendarvis
Rivers                   Robbins                  Rose
Rutherford               Schuessler               G. M. Smith
Taylor                   Weeks                    West
White                    Williams                 Willis
Wooten                                            

Total--76

Those who voted in the negative are:

Brewer                   Caskey                   Chapman
B. L. Cox                Davis                    Gagnon
Gatch                    Hardee                   Hartnett
Hiott                    J. E. Johnson            Lawson
Long                     McCravy                  McGinnis
Murphy                   Nutt                     Sandifer
M. M. Smith              Vaughan                  Whitmire
Yow                                               

Total--22

The Senate Amendments were amended, and the Bill was ordered returned to the Senate.

H. 3518--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3518 (Word version) -- Reps. Felder and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-395, RELATING TO THE DRIVER'S LICENSE REINSTATEMENT FEE PAYMENT PROGRAM, SO AS TO PROVIDE THE DRIVERS' LICENSES ISSUED UNDER THIS PROGRAM ARE VALID FOR AN ADDITIONAL SIX MONTHS, TO REVISE THE AMOUNT OF REINSTATEMENT FEES OWED BY PERSONS TO BECOME ELIGIBLE TO OBTAIN THESE DRIVERS' LICENSES, TO REVISE THE DISTRIBUTION OF THE ADMINISTRATIVE FEES COLLECTED, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY PROVIDE PERSONS IN THE PROGRAM A FEE SCHEDULE OF THE AMOUNTS OWED AND THE ABILITY TO MAKE ONLINE PAYMENTS, TO REVISE THE TYPES OF DRIVERS' LICENSE SUSPENSIONS THAT ARE COVERED BY THIS SECTION, AND TO REVISE THE FREQUENCY THAT PERSONS MAY PARTICIPATE IN THE PROGRAM AND THE CONDITIONS FOR FUTURE PARTICIPATION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO LIMIT THE TYPES OF QUALIFYING SUSPENSIONS; BY AMENDING SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, NEW INSURANCE MUST BE OBTAINED OR PERSONS MUST SURRENDER THEIR REGISTRATION AND PLATES, WRITTEN NOTICE BY INSURERS, APPEAL OF SUSPENSIONS, ENFORCEMENT, AND PENALTIES, SO AS TO REVISE THE PERIOD OF TIME VEHICLE OWNERS MUST SURRENDER MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES FOR CERTAIN UNINSURED MOTOR VEHICLES, TO DELETE THE PROVISION THAT GIVES THE DEPARTMENT OF MOTOR VEHICLES DISCRETION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATE METHODS OF PROVIDING CERTAIN NOTICES TO THE DEPARTMENT, TO DELETE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO APPEAL CERTAIN SUSPENSIONS TO THE DEPARTMENT OF INSURANCE FOR FAILURE TO MEET THE STATE'S FINANCIAL RESPONSIBILITY REQUIREMENTS IN ERROR, AND TO ALLOW THESE PERSONS TO PROVIDE CERTAIN DOCUMENTS TO SHOW THE SUSPENSION WAS ISSUED IN ERROR; BY AMENDING SECTION 56-10-245, RELATING TO PER DIEM FINES FOR LAPSE IN REQUIRED COVERAGE, SO AS TO PROVIDE THE FINES CONTAINED IN THE SECTION MAY NOT EXCEED TWO HUNDRED DOLLARS PER VEHICLE FOR A FIRST OFFENSE; BY AMENDING ARTICLE 5 OF CHAPTER 10, TITLE 56, RELATING TO THE ESTABLISHMENT OF THE UNINSURED MOTORIST FUND, SO AS TO REVISE THE PROVISIONS OF THIS ARTICLE TO REGULATE THE OPERATION OF UNINSURED MOTOR VEHICLES, TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT AND COLLECTION OF UNINSURED MOTOR VEHICLE FEES, TO MAKE TECHNICAL CHANGES, TO REVISE THE AMOUNT OF THE MOTOR VEHICLE REINSTATEMENT FEE AND PROVIDE IT SHALL BE INCREASED ANNUALLY, TO PROVIDE SUSPENDED LICENSES, REGISTRATION CERTIFICATES, LICENSE PLATES, AND DECALS MAY BE RETURNED TO THE DEPARTMENT OF MOTOR VEHICLES BY ELECTRONIC MEANS OR IN PERSON, AND TO DELETE THE PROVISIONS THAT REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO COLLECT STATISTICS REGARDING VARIOUS MOTOR VEHICLE REGISTRATION, INSURANCE, AND UNINSURED MOTORIST FUND ISSUES.

Rep. W. NEWTON explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 98; Nays 3

Those who voted in the affirmative are:

Alexander                Anderson                 Bailey
Bamberg                  Bannister                Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Calhoon
Carter                   Chapman                  Chumley
Cobb-Hunter              B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Haddon
Hardee                   Hartnett                 Hayes
Henderson-Myers          Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            S. Jones                 W. Jones
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Magnuson
May                      McCabe                   McCravy
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 Moss
Neese                    B. Newton                W. Newton
Nutt                     O'Neal                   Oremus
Ott                      Pace                     Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Schuessler               G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Vaughan
Weeks                    West                     Wetmore
White                    Williams                 Willis
Wooten                   Yow                      

Total--98

Those who voted in the negative are:

Caskey                   A. M. Morgan             T. A. Morgan

Total--3

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FORREST.

H. 4158--DEBATE ADJOURNED

The following Bill was taken up:

H. 4158 (Word version) -- Reps. Pendarvis, M. M. Smith, Bauer, King, Henderson-Myers, Gilliard, Rivers and Jefferson: 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.

Rep. BERNSTEIN moved to adjourn debate on the Bill, which was agreed to.

H. 5066--DEBATE ADJOURNED

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 and Calhoon: 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.

Rep. W. NEWTON moved to adjourn debate on the Bill, which was agreed to.

H. 4649--DEBATE ADJOURNED

The following Bill was taken up:

H. 4649 (Word version) -- Reps. Bannister, Carter, Leber, Vaughan, West, Elliott, Williams, Henegan and Caskey: 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.

Rep. ERICKSON moved to adjourn debate on the Bill, which was agreed to.

H. 5164--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 5164 (Word version) -- Reps. Erickson, G. M. Smith, Herbkersman, Hartnett, McGinnis, Pope, Schuessler, Bradley, Hager, Long, Vaughan, Bannister, Elliott, Willis, Yow, Hiott, Gilliam, Mitchell, Hardee, Whitmire, W. Newton, B. Newton, Davis, Gagnon, Hixon, Lowe, Thayer, West, Taylor, Crawford and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-8-110, RELATING TO DEFINITIONS CONCERNING THE EDUCATION SCHOLARSHIP TRUST FUND PROGRAM, SO AS TO REVISE SEVERAL DEFINITIONS; BY AMENDING SECTION 59-8-115, RELATING TO THE APPLICATION PROCESS FOR SCHOLARSHIPS, SO AS TO PROVIDE ADDITIONAL APPLICATION PROCESSES, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-120, RELATING TO THE ESTABLISHMENT AND ADMINISTRATION OF THE TRUST FUND, SO AS TO PROVIDE CONFIDENTIALITY REQUIREMENTS FOR CERTAIN RELATED INFORMATION, TO REVISE THE FUNDING FORMULA, AND TO REVISE RELATED ADMINISTRATIVE PROCEDURES; BY AMENDING SECTION 59-8-125, RELATING TO FUNDING AND ADMINISTRATION OF THE PROGRAM, SO AS TO REVISE ADMINISTRATIVE FEES, AND TO REMOVE PROVISIONS ALLOWING THE USE OF QUALIFIED THIRD PARTIES TO MANAGE ACCOUNTS AND ADMINISTER RELATED FUNCTIONS, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-130, RELATING TO REVERSION OF SCHOLARSHIP FUNDS UPON TERMINATION OF A SCHOLARSHIP, SO AS TO PROVIDE FOR THE RETURN OF REVERTED FUNDS IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 59-8-135, RELATING TO LIMITATIONS ON SCHOLARSHIPS, SO AS TO REVISE THE LIMITATIONS, REQUIRE THE STATE DEPARTMENT OF EDUCATION TO SUBMIT AN ANNUAL BUDGET REQUEST BASED ON CERTAIN SCHOLARSHIP DEMAND AND USE INFORMATION, AND TO REMOVE OBSOLETE REVIEW REQUIREMENTS, AMONG OTHER THINGS; BY AMENDING SECTION 59-8-140, RELATING TO THE EDUCATION SERVICE PROVIDER APPLICATION REVIEW AND APPROVAL PROCESSES, SO AS TO REVISE CERTIFICATION RENEWAL REQUIREMENTS; BY AMENDING SECTION 59-8-145, RELATING TO THE STUDENT ELIGIBILITY NOTIFICATION PROCESS, SO AS TO PROVIDE THE DEPARTMENT MAY DECLARE A STUDENT INSTEAD OF A PARENT INELIGIBLE, AMONG OTHER THINGS; AND BY AMENDING SECTION 59-8-150, RELATING TO EDUCATION SERVICE PROVIDER REQUIREMENTS, SO AS TO REQUIRE PROVIDERS GIVE PARENTS SPECIFIC DOCUMENTATION FOR QUALIFIED GOODS AND SERVICES ACQUIRED, TO PROVIDE SURETY BOND REQUIREMENTS, AND TO REVISE ACCOUNTABILITY MEASURE REQUIREMENTS.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 5164 (Word version) (LC-5164.WAB0005H), which was adopted:
Amend the bill, as and if amended, SECTION 7, by striking Section 59-8-140(A)(1)(2) and (3) and inserting:

(2) The department must require an independent school that applies to be an education service provider to be located in the State, to have an educational curriculum that includes courses set forth in the state's diploma requirements and to meet the compulsory attendance and State Board of Education approval requirements in Section 59-65-10. The curricula and attendance requirements do not apply to home instruction programs under Sections 59-65-45 or 59-65-47.

(3) An education service provider that participated in the program in the previous school year and desires to participate in the program in the current school year shall reapply to the department. The education service provider reapplyingannually shall certify to the department that it continues to meet all program requirements. An education service provider required to administer academic testing shall provide to the department test score data from the previous school year. If individual student test score data is not submitted, then the department shall remove the education service provider from the program. The reporting requirements do not apply to home instruction programs under Sections 59-65-45 or 59-65-47.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X.   Section 59-8-150 of the S.C. Code is amended by adding:
(K) This section does not apply to home instruction programs under Sections 59-65-45 or 59-65-47.
Renumber sections to conform.
Amend title to conform.

Rep. ERICKSON explained the amendment.

Rep. ERICKSON spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. COBB-HUNTER moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 27; Nays 75

Those who voted in the affirmative are:

Alexander                Anderson                 Bamberg
Bauer                    Bernstein                Caskey
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Hayes                    Henderson-Myers
Hosey                    Jefferson                J. L. Johnson
W. Jones                 King                     Kirby
McDaniel                 Ott                      Pendarvis
Rivers                   Rose                     Stavrinakis
Thigpen                  Wetmore                  Williams

Total--27

Those who voted in the negative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Burns                    Bustos                   Chapman
Chumley                  Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Elliott                  Erickson                 Forrest
Gagnon                   Gibson                   Gilliam
Guest                    Guffey                   Haddon
Hardee                   Harris                   Hartnett
Herbkersman              Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCravy                  McGinnis
Mitchell                 J. Moore                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pope                     Robbins                  Sandifer
Schuessler               G. M. Smith              M. M. Smith
Taylor                   Thayer                   Vaughan
West                     White                    Whitmire
Willis                   Wooten                   Yow

Total--75

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. Ott proposed the following Amendment No. 2 to H. 5164 (Word version) (LC-5164.WAB0022H), which was tabled:
Amend the bill, as and if amended, SECTION 6, by striking Section 59-8-135(4) and inserting:

(4) in School Year 2027-2028, and for all subsequent school years, the department shall submit an annual budget request based on the number of current scholarship recipients and previously unmet demand for scholarships as evidenced by the prior year's applications; provided, however, this request may not exceed five thousand new scholarship students annually.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. OTT spoke in favor of the amendment.

Rep. ERICKSON moved to table the amendment.

Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 28

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Chapman                  Chumley
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Elliott
Erickson                 Forrest                  Gagnon
Gilliam                  Guest                    Haddon
Hardee                   Harris                   Hartnett
Herbkersman              Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCabe                   McCravy
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 A. M. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Pope                     Robbins
Sandifer                 Schuessler               G. M. Smith
M. M. Smith              Taylor                   Thayer
Vaughan                  West                     White
Whitmire                 Willis                   Wooten
Yow                                               

Total--76

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Bauer                    Bernstein                Caskey
Clyburn                  Cobb-Hunter              Dillard
Garvin                   Gibson                   Hayes
Henderson-Myers          Hosey                    Jefferson
J. L. Johnson            W. Jones                 King
Kirby                    Ott                      Pendarvis
Rose                     Rutherford               Stavrinakis
Thigpen                  Wetmore                  Wheeler
Williams                                          

Total--28

So, the amendment was tabled.

Reps. Ott and Collins proposed the following Amendment No. 3 to H. 5164 (Word version) (LC-5164.WAB0023H), which was tabled:
Amend the bill, as and if amended, SECTION 3, Section 59-8-120(C), by adding an item to read:

(3) Beginning with the 2027-2028 School Year, a student who has Medicaid card or other supporting documentation from the South Carolina Department of Health and Human Services in the student's name must receive twice the amount of the scholarship available per student or the cost of the tuition for the school they are attending, whichever is less.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. BRADLEY moved to table the amendment.

Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 28

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Chapman                  Chumley
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Elliott
Erickson                 Forrest                  Gagnon
Gibson                   Gilliam                  Guest
Guffey                   Haddon                   Hardee
Harris                   Hartnett                 Herbkersman
Hewitt                   Hiott                    Hixon
Hyde                     J. E. Johnson            S. Jones
Jordan                   Kilmartin                Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     May
McCabe                   McCravy                  McGinnis
Mitchell                 T. Moore                 A. M. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Pope                     Robbins
Sandifer                 Schuessler               G. M. Smith
M. M. Smith              Thayer                   Vaughan
West                     White                    Whitmire
Willis                   Wooten                   Yow

Total--75

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Bauer                    Bernstein                Caskey
Clyburn                  Cobb-Hunter              Dillard
Garvin                   Hayes                    Henderson-Myers
Hosey                    Jefferson                J. L. Johnson
W. Jones                 King                     Kirby
McDaniel                 J. Moore                 Ott
Pendarvis                Rose                     Rutherford
Stavrinakis              Wetmore                  Wheeler
Williams                                          

Total--28

So, the amendment was tabled.

Rep. W. Jones proposed the following Amendment No. 4 to H. 5164 (Word version) (LC-5164.WAB0007H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X.   Chapter 8, Title 59 of the S.C. Code is amended by adding:

Section 59-8-147.   (A) An education service provider shall not discriminate on the basis of:

(1) race;

(2) ethnicity;

(3) national origin;

(4) religion;

(5) gender;

(6) sexual orientation;

(7) gender identity; or

(8) disability.

(B) An education service provider shall:

(1) admit students of any race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, or disability to all rights, privileges, programs, and activities generally accorded or made available to students;

(2) not discriminate in the administration of educational policies, admissions, scholarships, or other school-administered programs;

(3) ensure that students with disabilities have equal access to programs and services;

(4) provide a safe and inclusive learning environment free from harassment, bullying, and intimidation.

(C) The department shall:

(1) conduct regular compliance reviews to ensure participating schools are meeting nondiscrimination requirements of this section;

(2) establish a complaint process for students and families to report discrimination concerns; and

(3) provide training and resources for participating schools to support nondiscrimination compliance.

(D) If an education service provider is found to be in violation of this section:

(1) the department shall prohibit the education service provider from receiving payments from any ESTF account; and

(2) if compliance is not fully achieved within a reasonable timeframe established by the department, not to exceed three years, the department shall bar the education service provider from participating in the program or receiving payments from any ESTF account. If the board bars an education service provider pursuant to this item, it must comply with the notification requirements of Section 58-8-140(D)(1) and the decision is subject to appeal pursuant to the Administrative Procedures Act.

(E) The provisions of this section apply:

(1) in addition to the requirements of Section 59-8-150(A)(3); and

(2) notwithstanding another provision of this chapter
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X.   Section 59-8-150(F)(5) of the S.C. Code is amended to read:
(5) education service providers shall not be required to alter their creeds, practices, admissions policy, or curriculum in order to accept payments by a parent from an ESTF account, except to the extent need to comply with the nondiscrimination provisions of Section 59-8-147.
Renumber sections to conform.
Amend title to conform.

Rep. W. JONES explained the amendment.

Rep. W. JONES spoke in favor of the amendment.
Rep. ERICKSON spoke against the amendment.
Rep. THIGPEN spoke in favor of the amendment.
Rep. THIGPEN spoke in favor of the amendment.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. MCDANIEL spoke in favor of the amendment.

Rep. BRADLEY moved to table the amendment.

Rep. W. JONES demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 32

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Chapman                  Chumley
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Herbkersman              Hewitt
Hiott                    Hixon                    Hyde
J. E. Johnson            S. Jones                 Jordan
Kilmartin                Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     May                      McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Ott
Pace                     Pedalino                 Pope
Robbins                  Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Taylor
Thayer                   Vaughan                  West
Whitmire                 Willis                   Wooten
Yow                                               

Total--76

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Hayes                    Henderson-Myers
Hosey                    Howard                   Jefferson
J. L. Johnson            W. Jones                 King
Kirby                    McDaniel                 J. Moore
Pendarvis                Rivers                   Rose
Rutherford               Stavrinakis              Thigpen
Weeks                    Wetmore                  Wheeler
White                    Williams                 

Total--32

So, the amendment was tabled.

RECORD FOR VOTING

I inadvertently voted in favor of tabling Amendment No. 4 on H. 5164 (Word version). I intended to vote against the tabling motion.

Rep. Russell Ott

Rep. Wetmore proposed the following Amendment No. 5 to H. 5164 (Word version) (LC-5164.WAB0014H), which was tabled:
Amend the bill, as and if amended, SECTION 8, by striking Section 59-8-145(E) and (F) and inserting:

(E) The department may conduct or contract for the auditing of accounts, and shall, at a minimum, conduct random audits of education service providers and scholarship accounts on an annual basis.

(F) The department may refer cases of substantial misuse of funds to law enforcement agencies for investigation.
Renumber sections to conform.
Amend title to conform.

Rep. WHEELER explained the amendment.

Rep. ERICKSON spoke against the amendment.

Rep. ERICKSON moved to table the amendment.

Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 32

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Chumley                  Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Elliott                  Erickson                 Forrest
Gagnon                   Gatch                    Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Herbkersman              Hewitt
Hiott                    Hixon                    Hyde
J. E. Johnson            S. Jones                 Jordan
Kilmartin                Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     May                      McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     Murphy                   B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pope                     Robbins                  Sandifer
Schuessler               G. M. Smith              M. M. Smith
Taylor                   Thayer                   Thigpen
Vaughan                  West                     White
Whitmire                 Willis                   Yow

Total--75

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Caskey
Clyburn                  Cobb-Hunter              Dillard
Garvin                   Gilliard                 Hayes
Henderson-Myers          Hosey                    Howard
Jefferson                J. L. Johnson            W. Jones
King                     Kirby                    McDaniel
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Stavrinakis              Wetmore                  Wheeler
Williams                 Wooten                   

Total--32

So, the amendment was tabled.

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote to table Amendment No. 5 on H. 5164 (Word version). If I had been present, I would have voted in favor of the tabling motion.

Rep. Don Chapman

Rep. Wetmore proposed the following Amendment No. 6 to H. 5164 (Word version) (LC-5164.WAB0015H), which was tabled:
Amend the bill, as and if amended, SECTION 9, by striking Section 59-8-150(C)(1)(f) and inserting:

(f) ensure that the parent or guardian of a scholarship student taking the assessments above receives a written report of the student's performance on each assessment. The report must include the student's score on the assessment and an indication of how the student's assessment performance compares to other South Carolina students.

The department may promulgate regulations to carry out the requirements of this subsection.
Amend the bill further, SECTION 9, Section 59-8-150, by striking the <<placeholder>> undesignated paragraph and inserting:

The department may promulgate regulations to carry out the requirements of this subsection.
Renumber sections to conform.
Amend title to conform.

Rep. WETMORE explained the amendment.

Rep. ERICKSON moved to table the amendment.
Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 32

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gatch
Gibson                   Gilliam                  Guest
Guffey                   Haddon                   Hardee
Harris                   Hartnett                 Hewitt
Hiott                    Hixon                    Hyde
J. E. Johnson            S. Jones                 Jordan
Kilmartin                Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     May                      McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     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

Total--75

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Caskey
Clyburn                  Cobb-Hunter              Dillard
Garvin                   Gilliard                 Hayes
Henderson-Myers          Hosey                    Howard
Jefferson                J. L. Johnson            W. Jones
King                     Kirby                    McDaniel
J. Moore                 Ott                      Pedalino
Pendarvis                Rivers                   Rose
Rutherford               Stavrinakis              Thigpen
Wetmore                  Williams                 

Total--32

So, the amendment was tabled.

Rep. Wetmore proposed the following Amendment No. 7 to H. 5164 (Word version) (LC-5164.WAB0016H), which was tabled:
Amend the bill, as and if amended, SECTION 7, by striking Section 59-8-140(A)(1)(3) and inserting:

(3) An education service provider that participated in the program in the previous school year and desires to participate in the program in the current school year shall reapply to the department. The education service provider reapplyingannually shall certify to the department that it continues to meet all program requirements. An education service provider required to administer academic testing shall provide to the department test score data from the previous school year. If individual student test score data is not submitted, then the department shall remove the education service provider from the program. The reporting requirements do not apply to home instruction programs under Sections 59-65-45 or 59-65-47. Additionally, the education service provider reapplying shall certify that it has not raised the cost of attendance for a scholarship student enrolled during the previous school year.
Renumber sections to conform.
Amend title to conform.

Rep. WETMORE explained the amendment.

Rep. WETMORE spoke in favor of the amendment.
Rep. ERICKSON spoke against the amendment.

Rep. ERICKSON moved to table the amendment.

Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 28

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Caskey                   Chapman
Chumley                  Connell                  B. L. Cox
Crawford                 Cromer                   Davis
Elliott                  Erickson                 Forrest
Gagnon                   Gatch                    Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
Jordan                   Kilmartin                Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Pope                     Robbins
Sandifer                 Schuessler               G. M. Smith
M. M. Smith              Taylor                   Thayer
Vaughan                  Whitmire                 Willis
Wooten                   Yow                      

Total--74

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Hayes                    Henderson-Myers
Howard                   Jefferson                J. L. Johnson
W. Jones                 King                     Kirby
McDaniel                 J. Moore                 Ott
Pendarvis                Rivers                   Rose
Rutherford               Thigpen                  Wetmore
Williams                                          

Total--28

So, the amendment was tabled.

Rep. Wetmore proposed the following Amendment No. 8 to H. 5164 (Word version) (LC-5164.WAB0017H), which was tabled:
Amend the bill, as and if amended, SECTION 4, by striking Section 59-8-125(B) and inserting:

(B) The General Assembly shall appropriate funds to the department for initial costs to create the program. Thereafter, the department shall deduct an amount from the ESTF to cover the costs of overseeing the accounts and administering the program up to a limit of two percent. Annually, on or before December thirty-first, the department shall notify the respective chairmen of the Senate Finance Committee and House of Representatives Ways and Means Committee regarding the amount deducted for administrative costs and an itemization of the costs incurred to administer the program for the previous schoolfiscal year.
Renumber sections to conform.
Amend title to conform.

Rep. WETMORE explained the amendment.

Rep. ERICKSON spoke against the amendment.

Rep. ERICKSON moved to table the amendment.

Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 31

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Caskey
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Hardee
Harris                   Hartnett                 Hewitt
Hiott                    Hixon                    Hyde
J. E. Johnson            S. Jones                 Jordan
Kilmartin                Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     May                      McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 Moss                     Murphy
Neese                    B. Newton                W. Newton
Nutt                     O'Neal                   Oremus
Pace                     Pedalino                 Pope
Robbins                  Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Taylor
Thayer                   Vaughan                  White
Whitmire                 Willis                   Wooten
Yow                                               

Total--70

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Guffey                   Haddon
Hayes                    Henderson-Myers          Hosey
Howard                   J. L. Johnson            W. Jones
King                     Kirby                    A. M. Morgan
Ott                      Pendarvis                Rivers
Rose                     Rutherford               Stavrinakis
Thigpen                  Wetmore                  Wheeler
Williams                                          

Total--31

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CALHOON a leave of absence for the remainder of the day.

Rep. Wetmore proposed the following Amendment No. 9 to H. 5164 (Word version) (LC-5164.WAB0018H), which was tabled:
Amend the bill, as and if amended, SECTION 7, Section 59-8-140(A)(1), by adding an item to read:

(3) All owners and employees of an education service provider must submit to fingerprint-based criminal background checks conducted by SLED, which must be paid at the expense of the education service provider, and provide the results of these background checks to the department. Anyone who fails to pass the background check may not be an owner or employee of a educational service provider.
Renumber sections to conform.
Amend title to conform.

Rep. THIGPEN explained the amendment.

Rep. THIGPEN spoke in favor of the amendment.

Rep. BRADLEY moved to table the amendment.

Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 29

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Caskey
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCabe                   McCravy
McGinnis                 Mitchell                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pope                     Robbins                  Sandifer
Schuessler               G. M. Smith              M. M. Smith
Taylor                   Thayer                   Vaughan
West                     White                    Whitmire
Willis                   Wooten                   Yow

Total--75

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Hayes                    Henderson-Myers          Hosey
Howard                   J. L. Johnson            W. Jones
King                     Kirby                    McDaniel
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Stavrinakis              Thigpen                  Wetmore
Wheeler                  Williams                 

Total--29

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. YOW a leave of absence for the remainder of the day.

Rep. Wetmore proposed the following Amendment No. 10 to H. 5164 (Word version) (LC-5164.WAB0019H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-110(4)(b)(i) and (ii) and inserting:

(b)(i) attended a public school in this State during the previous school year;

(ii) had not yethas attained the age of five on or before September first of the previous school year but who has attained the age of five on or before September of the current school year in which scholarship funds are awarded; or
Renumber sections to conform.
Amend title to conform.

Rep. WETMORE explained the amendment.

Rep. ERICKSON moved to table the amendment.

SPEAKER IN CHAIR

Rep. WETMORE demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 28

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Caskey
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCabe                   McCravy
McGinnis                 Mitchell                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pope                     Robbins                  Sandifer
Schuessler               G. M. Smith              M. M. Smith
Taylor                   Thayer                   Vaughan
West                     White                    Whitmire
Willis                   Wooten                   

Total--74

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Dillard                  Garvin                   Gilliard
Hayes                    Henderson-Myers          Hosey
Howard                   J. L. Johnson            W. Jones
King                     Kirby                    McDaniel
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Stavrinakis
Thigpen                  Wetmore                  Wheeler
Williams                                          

Total--28

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. Ott proposed the following Amendment No. 11 to H. 5164 (Word version) (LC-5164.WAB0020H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X.   Section 59-8-150(A) of the S.C. Code is amended to read:

(A) To ensure equitable treatment and personal safety of all scholarship students, all education service providers shall:

(1) comply with all applicable health and safety laws or codes;

(2) hold a valid occupancy permit if required by the municipality in which the education service provider is located;

(3) not unlawfully discriminate on the basis of race, color, or national origin. This item shall not be interpreted to preclude any independent or religious educational provider from exercising an exemption allowed under federal law; and

(4) conduct criminal background checks on employees and exclude from employment anyone who:

(a) is not permitted by state law to work in a school;

(b) reasonably might pose a threat to the safety of students; or

(c) is listed on federal, state, or other central child abuse registries; and

(5) not include or promote in a course of instruction, curriculum, assignment, instructional program, instructional material (including primary or supplemental materials, whether in print, digital, or online), surveys or questionnaires, or professional educator development or training, nor require a student, employee, or volunteer to affirm, accept, adopt, or adhere to prohibited concepts such as:  

(a) one race, sex, ethnicity, color, or national origin is inherently superior to another race, sex, ethnicity, color, or national origin;

(b) an individual, by virtue of the race, sex, ethnicity, religion, color, or national origin of the individual, inherently is privileged, racist, sexist, or oppressive, whether consciously or subconsciously;

(c) an individual should be discriminated against or receive adverse treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual;

(d) the moral character of an individual is determined by the race, sex, ethnicity, religion, color, or national origin of the individual;

(e) an individual, by virtue of the race or sex of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin;

(f) meritocracy or traits such as a hard work ethic:

(i) are racist, sexist, belong to the principles of one religion; or

(ii) were created by members of a particular race, sex, or religion to oppress members of another race, sex, ethnicity, color, national origin, or religion; and

(g) fault, blame, or bias should be assigned to race, sex, ethnicity, religion, color, or national origin, or to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. B. NEWTON moved to table the amendment.

Rep. PENDARVIS demanded the yeas and nays which were taken, resulting as follows:

Yeas 73; Nays 29

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Caskey
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCabe                   McCravy
McGinnis                 Mitchell                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
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                                            

Total--73

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Hayes                    Henderson-Myers
Hosey                    Howard                   J. L. Johnson
W. Jones                 King                     Kirby
McDaniel                 J. Moore                 Ott
Pendarvis                Rivers                   Rose
Stavrinakis              Thigpen                  Wetmore
Wheeler                  Williams                 

Total--29

So, the amendment was tabled.

Rep. Ott proposed the following Amendment No. 12 to H. 5164 (Word version) (LC-5164.WAB0021H), which was tabled:
Amend the bill, as and if amended, SECTION 7, by striking Section 59-8-140(F)(1) and (2) and inserting:

(F)(1) For scholarship students utilizing a scholarship to attend an online education service provider, The department must track data on scholarship student wellness through mandatory in-person days of attendance at least once per semester at their resident public school or homeschool. For first semester the in-person date shall be no later than November fifteenth. For the second semester the in-person date shall be no later than March fifteenth. During the in-person attendance, a school teacher, counselor, principal, assistant principal, school attendance officer, social or public assistance worker, school nurse, on-site mental health, or allied health professional, or other appropriately designated mandated reporter at the local public school or homeschool as defined in Section 63-7-310 must complete a comprehensive wellness check to screen for abuse and neglect as defined in Section 63-7-20.

(2) All employees at an online education service provider who are employed in same or similar roles as defined in Section 63-7-310 shall be considered persons required to report and must complete the training programs required pursuant to Section 63-7-310(A) and hold all the same rights, responsibilities, and potential penalties as defined in Sections 63-7-315, 63-7-320, 63-7-350, 63-7-360, 63-7-370, 63-7-380, 63-7-390, 63-7-400, 63-7-430, 63-7-440, and receive information pursuant to Section 63-7-450.
Renumber sections to conform.
Amend title to conform.

Rep. OTT explained the amendment.

Rep. BRADLEY moved to table the amendment.

Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 74; Nays 29

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Bradley                  Brewer                   Brittain
Burns                    Bustos                   Caskey
Chapman                  Chumley                  Connell
B. L. Cox                Crawford                 Cromer
Davis                    Elliott                  Erickson
Forrest                  Gagnon                   Gibson
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Harris
Hartnett                 Hewitt                   Hiott
Hixon                    Hyde                     J. E. Johnson
S. Jones                 Jordan                   Kilmartin
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
May                      McCabe                   McCravy
McGinnis                 Mitchell                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pope                     Robbins                  Sandifer
Schuessler               G. M. Smith              M. M. Smith
Taylor                   Thayer                   Vaughan
West                     White                    Whitmire
Willis                   Wooten                   

Total--74

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Clyburn
Cobb-Hunter              Dillard                  Garvin
Gilliard                 Hayes                    Henderson-Myers
Henegan                  Hosey                    Howard
J. L. Johnson            W. Jones                 King
Kirby                    McDaniel                 J. Moore
Ott                      Pendarvis                Rivers
Rose                     Stavrinakis              Thigpen
Wetmore                  Williams                 

Total--29

So, the amendment was tabled.

SPEAKER IN CHAIR

Reps. Pace and A.M. Morgan proposed the following Amendment No. 13 to H. 5164 (Word version) (LC-5164.AHB0025H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 6, Title 12 of the S.C. Code is amended by adding:
Article 26

Academic Choice in Education (ACE)

Section 12-6-3850. For purposes of this article:

(1) "Academic Choice in Education fund" or "ACE" means education funding provided on behalf of eligible students by nonprofit scholarship funding organizations for qualifying expenses as outlined in this article.

(2) "Department" means the South Carolina Department of Revenue.

(3) "Disadvantaged child" means a child or his family who meets the qualifications for federal Medicaid benefits, or whose family has an annual adjusted gross income of two hundred percent or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services.

(4) "Eligible school" means an independent school, including those religious in nature, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met, that:

(a) offers a general education to primary or secondary school students;

(b) does not discriminate on the basis of race, color, or national origin;

(c) is located in this State;

(d) has an educational curriculum that includes courses set forth in the state's diploma requirements;

(e) has school facilities that are subject to applicable federal, state, and local laws; and

(f) is a member in good standing of the South Carolina Association of Christian Schools, the South Carolina Independent Schools Association, the Palmetto Association of Independent Schools, the American Montessori Society, the International Montessori Council, or the National Association of Private Schools, or alternatively accredited by Cognia or the National Council for Private School Accreditation.

(5) "Eligible student" means a student who:

(a) meets the definition of "general child";

(b) meets the definition of "disadvantaged child";

(c) meets the definition of "exceptional needs child"; or

(d) meets the definition of "home school child"; and

(e) is not a recipient of an Education Scholarship Trust Fund.

(6)   "Exceptional needs child" means a child:

(a)(i) who has been evaluated in accordance with this state's evaluation criteria, as set forth in S.C. Code Ann. Regs. 43 243.1, and determined eligible as a child with a disability who needs special education and related services, in accordance with the requirements of Section 300.8 of the Individuals with Disabilities Education Act; or

(ii) who has been diagnosed as either permanently or within the last three years by a licensed speech-language pathologist, psychiatrist, or medical, mental health, psychoeducational, or other comparable licensed health care provider as having a neurodevelopmental disorder, a substantial sensory or physical impairment such as deaf, blind, or orthopedic disability, or some other disability or acute or chronic condition that significantly impedes the student's ability to learn and succeed in school without specialized instructional and associated supports and services tailored to the child's unique needs; and

(b) the child's parents or legal guardian believes that the services provided by the school district of legal residence do not sufficiently meet the needs of the child.

(7) "General child" means a child whose family has an adjusted gross income of four hundred percent or less of the federal poverty guidelines and who is a South Carolina resident who, immediately before receiving a scholarship under this article and enrolling in an eligible school or program, was enrolled in a South Carolina secondary or primary public school or who is eligible to enroll in a qualified first grade, kindergarten, or a three or four year old prekindergarten program or received a scholarship pursuant to this article for the previous school year; provided, however, that if a student is considered to be an eligible student pursuant to this item, he shall continue to qualify as such until he graduates, reaches the age of twenty, or returns to a public school, whichever occurs first.

(8) "Home school" means a home, residence, or location where a parent or legal guardian teaches one or more children as authorized pursuant to Section 59-65-40, Section 59- 65-45, or Section 59-65-47.

(9) "Home school child" means any child attending an eligible home school.

(10) "Nonprofit scholarship funding organization" or "scholarship funding organization" means a charitable organization that:

(a)   is registered and in good standing with the South Carolina Secretary of State;

(b)   is exempt from federal tax pursuant to Section 501(a) of the Internal Revenue Code by being listed as an exempt organization in Section 501(c)(3) of the tax code; and

(c)   is approved annually by the Treasurer and listed on the Treasurer's approved list, which must be published on the Treasurer's website.

(11) "Parent" means a resident of this State who is the natural or adoptive parent, legal guardian, custodian, or other person with legal authority to act on behalf of an eligible student.

(12) "Person" means an individual, partnership, corporation, or other similar entity.

(13) "Program" means the ACE scholarship program created by this article.

(14) "Public School" means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.

(15) "Qualifying expense" means:

(a) the total amount of money charged for the cost of an eligible student to attend an eligible school including, but not limited to, fees for attending the school, textbook fees, tutoring, parental engagement programs involving a three or four year old prekindergarten student, and/or transportation to and from school that is provided by the school. These costs may not be in excess of what is currently provided; and

(b) in the case of an eligible home school student, the total amount of money charged for instruction-related expenditures to attend an eligible home school provider including, but not limited to, curriculum packages, textbooks, digital education, tutoring, and testing materials.

(16) "Resident school district" means the public school district in which the student is domiciled.

(17) "Scholarship" means education funding allocated from an account established on a student's behalf pursuant to this article.

(18) "Treasurer" means the Office of the State Treasurer.

Section 12-6-3855.     (A) A person is entitled to a tax credit against income taxes imposed pursuant to this chapter, or bank taxes imposed pursuant to Chapter 11 of this title, for the amount of cash and the monetary value of any publicly traded securities the person contributes to a nonprofit scholarship funding organization up to the limits of this section if:

(1) the contribution is used to provide scholarships for qualifying expenses to an eligible student enrolled in an eligible school; and

(2) the taxpayer does not designate a specific child or school as the beneficiary of the contribution.

(B)(1) Scholarships may be awarded by a scholarship funding organization to an eligible student qualifying and defined under Section 12-6-3850(5)(a) [General child] for a school year in an amount not exceeding the actual state-allocated revenue for each pupil as calculated by the Revenue and Fiscal Affairs Office and required to be published by the annual appropriations act or the total amount of qualifying expenses, whichever is less.

(2) Scholarships may be awarded by a scholarship funding organization to an eligible student qualifying and defined under Section 12-6-3850(5)(b) and (c) [Disadvantaged Child & Exceptional Needs Child] for a school year in an amount not exceeding one hundred forty percent of the amount of subsection (B)(1) above or the total amount of qualifying expenses, whichever is less.

(3) Scholarships may be awarded by a scholarship funding organization to an eligible student qualifying and defined under Section 12-6-3850(5)(d) [Home School Child] for a school year in an amount not exceeding twenty percent of the amount of subsection (B)(1) above or the total cost of qualifying expenses, whichever is less. A scholarship funding organization may reimburse a parent directly for expenditures actually paid for qualifying expenses or pay vendors directly for qualifying expenses at the direction of the parent and on behalf of the home school child.

(4) Once an eligible student receives a scholarship, he must receive priority status for future scholarships; provided, however, that the eligible student is in good standing with the school.

(C) Except as otherwise provided, the Department of Education, the Department of Revenue, the Treasurer, or any other state agency may not regulate the educational programs of a school that accepts eligible students receiving scholarships pursuant to this article.

Section 12-6-3860.   (A) The Treasurer shall create a standard application process and establish the timeline for parents to establish the eligibility of their student for the ACE scholarship. The application window established shall last at least forty-five days, opening no earlier than January fifteenth, and closing no later than March fifteenth of each calendar year.

(B) Pursuant to the timeline established pursuant to this section, the Treasurer shall:

(1) process applications in the order in which they are received; and

(2) enroll and issue eligibility certificates within thirty days of the deadline for receipt of completed applications and all required documentation. The eligibility certificate must list the names and contact information of the eligible scholarship-granting organizations.

(C) Before awarding an eligibility certificate, the Treasurer shall obtain evidence of the student's eligibility criteria set forth in this article.

(D) The Treasurer shall approve an application for scholarship if:

(1) the parent submits an annual application for a scholarship in accordance with the application and procedures established by the Treasurer;

(2) the student on whose behalf the parent is applying is an eligible student;

(3) the parent signs an annual agreement with the Treasurer:

(a) to provide, at a minimum, a program of academic instruction for the eligible student in at least the subjects of English and language arts to include writing, mathematics, social studies, and science;

(b) to acknowledge and agree to comply with the eligible schools prescribed curriculum, dress code and other requirements of enrolled students; and

(c) to use program funds for qualifying expenses only for an eligible school to educate the scholarship student, subject to penalty.

(E) Receipt of an eligibility certificate does not guarantee a scholarship award from a scholarship granting organization.

Section 12-6-3865.     (A) The Treasurer shall prescribe the form and manner to be an approved nonprofit scholarship funding organization, the annual application must at a minimum include:

(1) the number and total amount of scholarships issued to schools that accept eligible students in the preceding school year;

(2) the identity of the school and the amount of the scholarship issued to each eligible student in the preceding school year;

(3) an itemization and detailed explanation of any fees or other revenues obtained from or on behalf of any schools that accepted eligible students;

(4) a copy of the organization's Form 990 or other comparable federal submission that indicates the provisions of the Internal Revenue Code under which the organization has been granted exempt status for purposes of federal taxation;

(5) a copy of a compilation, review, or audit of the organization's financial statements, conducted by a certified public accounting firm;

(6) the criteria and eligibility requirements for scholarship awards; and

(7) a certification by the organization of the following:

(a) it meets the definition of a nonprofit scholarship funding organization and that the report is true, accurate, and complete under penalty of perjury in accordance with Section 16-9-10;

(b) it allocates at least ninety-five percent of its annual contributions received during a particular year to provide scholarships to schools on behalf of eligible enrolled children and incurs administrative expenses annually of no more than five percent of its annual contributions for a particular year to cover operational costs;

(c) it allocates all of its funds used for scholarships on an annual basis to eligible students;

(d) it does not provide scholarships on behalf of eligible students only for the benefit of one school, and if the Treasurer determines that the nonprofit scholarship funding organization is providing scholarships to one particular school, the tax credit allowed by this section may be disallowed;

(e) it does not have as a volunteer, contractor, consultant, fundraiser, or member of its governing board, any parent, legal guardian, or member of his immediate family who has a child or ward who is currently receiving or has received a scholarship authorized by this article from the organization within one year of the date the parent, legal guardian, or member of his immediate family became a board member. A person serving on the governing board of a nonprofit scholarship funding organization shall have a fiduciary duty to the donors and eligible students at schools served by the organization and shall resign if any conflicts of interest develop with the organization and those it serves;

(f) it does not have as a member of its governing board or an employee, volunteer, contractor, consultant, or fundraiser who has been convicted of a felony or other financial crime, been disciplined by a professional, self-regulatory body, had a professional license or designation suspended, revoked, or otherwise restricted in use, or is otherwise prevented from engaging in a profession as part of a court order, court settlement, or arbitration ruling. This item also must apply to immediate family members residing in the same household;

(g) does not release personally identifiable information pertaining to students or donors or use information collected about donors, students, or schools for financial gain; and

(h) does not place conditions on schools enrolling eligible students receiving scholarship to limit the ability of the schools to enroll eligible students accepting scholarships from other nonprofit scholarship funding organizations.

(B) The application deadline under this section is August first of each year.

Section 12-6-3870.     (A) The parent shall provide the eligibility certificate to the scholarship funding organization. Upon awarding of a scholarship by the scholarship funding organization and at the direction of the parent, the scholarship funding organization shall issue a check payable to the eligible school on behalf of the student and deliver it to the school within thirty days upon approval of the application or thirty days of the start of the school's semester. If the eligible student leaves or withdraws from the school for any reason before the end of the semester or school year and does not re-enroll within thirty days, then the school shall return a prorated amount of the scholarship to the scholarship funding organization based on the number of days the eligible student was enrolled in the school during the semester or school year within sixty days of the student's departure.

(B) Before the issuance of a check, a parent shall certify that the eligible student has not received a scholarship from any other scholarship-granting organizations in the current academic year.

(C) Before the issuance of a check to an eligible school, the school must provide documentation to the scholarship funding organization that it meets the criteria established in Section 12-6-3850(4).

(D)(1) The tax credits authorized for an eligible student qualified and defined under Section 12-6-3850(5)(a) [General Child], (b) [Disadvantaged Child], and (c) [Exceptional Needs Child] may not exceed cumulatively a total of fifteen million dollars in each qualifying category, each calendar year.

(2) The tax credits authorized for an eligible student qualified and defined under Section 12-6-3850 (5)(d) [Home School Child] may not exceed cumulatively a total of ten million dollars each calendar year.

(3) If the South Carolina Department of Revenue determines that the total of the credits claimed in this section by all taxpayers exceeds the limit amount, it shall allow credits only up to those amounts on a first-come, first-served basis. Within the first forty-five days that the credits are available, persons as defined in 12-6-3850(12) are only allowed to claim a total amount of ten thousand dollars in tax credits per person. After the forty fifth day, any remaining tax credits are available to all persons.

(4) The tax credits authorized pursuant to this section remain the same unless an increased or decreased limit is authorized in the annual general appropriations act.

(E) The department shall establish an application process to determine the amount of credit available to be claimed. The receipt of the application by the department shall determine priority for the credit.

(1) The tax credit must be claimed on the return for the tax year that the contribution is made.

(2) A taxpayer may not claim more than one hundred percent of his total tax liability for the tax year in contributions toward the tax credits authorized by this section. This credit is not refundable. If the credit exceeds the taxpayer's tax liability for the taxable year, the excess amount may be carried forward for credit against the next ten succeeding taxable years.

(3) If a taxpayer deducts the amount of the contribution on the taxpayer's federal return and claims the credit allowed by this section, then the taxpayer shall add back the amount of the deduction for purposes of South Carolina income or bank taxes.

(F) The department shall prescribe the form and manner of proof required to obtain the credits authorized by this article. Also the department shall develop a method of informing taxpayers and scholarship-funding organizations if the credit limit is met at any time during the year.

(1) A corporation or entity entitled to a credit under this section may not convey, assign, or transfer the credit authorized by this section to another entity unless all assets of the entity are conveyed, assigned, or transferred in the same transaction.

(2) Notwithstanding the maximum credit limits set forth in this article, if one of the eligible student-qualifying categories listed in subsection (D) reaches its limits but another eligible student-qualifying category has not reached its limit by October first of each tax year, then the department may transfer the unused credits to the eligible student qualifying category that has reached its limit. However, the credit only may be transferred and may not cumulatively allow more than the authorized annual cumulative total provided in this section. In considering a credit transfer under this item, those eligible student qualifying categories listed in subsection 12-6-3850(5)(b) [Disadvantaged Child], (c) [Exceptional Needs Child], (d) [Home School Child], and (a) [General Child] must have priority order when transferring credits.

Section 12-6-3875.   (A) By September first of each year, the Treasurer shall publish on its website a list of all qualifying nonprofit scholarship-funding organizations for the succeeding calendar year, to include their names, addresses, telephone numbers, and, if available, website addresses and applicable audits.

(B) By January fifteenth of each year, the Treasurer shall report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor:

(1) the number and total amount of scholarships issued by the scholarship-funding organizations to schools on behalf of eligible students that attended in the prior school year;

(2) the identity of the school that accepts eligible students and the amount of each scholarship issued to the school in the prior school year by each scholarship funding organization;

(3) an itemization and detailed explanation of fees or other revenues obtained from or on behalf of eligible students to a school by any scholarship-funding organization;

(4) a copy of each scholarship-funding organization's Form 990 or other comparable federal submission that indicates the provisions of the Internal Revenue Code under which the organization has been granted exempt status for purposes of federal taxation;

(5) a copy of a compilation, review, or audit of each scholarship-funding organization conducted by a certified public accounting firm as provided to the Treasurer by each scholarship-funding organization in their application to participate in the program;

(6) the criteria and eligibility requirements for scholarship awards of each scholarship-funding organization as provided to the Treasurer by each scholarship-funding organization in their application to participate in the program; and

(7) any report required by this section may not specifically include the name, amount, or any other personally identifiable information of scholarship recipients.

Section 12-6-3880.     (A)(1) The Treasurer and the department have authority to examine and audit the nonprofit scholarship-funding organizations, including determining whether the nonprofit scholarship-funding organization is being operated in a manner consistent with the requirements for an IRC Section 501(c)(3) organization or is in compliance with any other provision of this section.

(2)(a) If an audit by the Treasurer or department produces evidence that a nonprofit scholarship-funding organization is not being operated in a manner consistent with the requirements for operating an IRC Section 501(c)(3) organization or is not in compliance with any other substantial provision of this section, the Treasurer or the department immediately may revoke the organization's participation in the program and shall notify the organization in writing of the revocation.

(b) Actual notice of revocation may be provided to the organization by personal delivery to the organization, by certified return receipt mail to the last known address of the organization, or by other means reasonably designed to provide actual notice to the organization.

(c) Any donations made following the date the actual notice of revocation are received by the organization do not qualify for the credit and the donated funds must be returned to the donor by the organization.

(d)(i) Within thirty days after the day on which the organization is provided actual notice of the revocation, the organization may request a contested hearing before the Administrative Law Court. Within seven days after a request for a contested case hearing is received by the Administrative Law Court, an administrative law judge shall hold the contested case hearing and determine whether the revocation was reasonable under the circumstances. The Treasurer or the department has the burden of proof of showing that the revocation was reasonable under the circumstances. The revocation is reasonable if the Treasurer or the department has substantial credible evidence that the organization is not being operated in a manner consistent with the requirements for operating an IRC Section 501(c)(3) organization or is not in compliance with other substantial provisions of this article. If the organization does not request a contested case hearing within thirty days of the immediate revocation, the revocation is permanent.

(ii) If the administrative law judge determines that the immediate revocation was reasonable, the administrative law judge shall remand the case to the Treasurer or the department to issue a Treasurer or department determination for permanent revocation within the time period determined by the judge. The organization may appeal this Treasurer or department determination in accordance with Section 12-60-460. At the contested case hearing on the Treasurer or department determination, the parties may raise new issues and arguments in addition to those issues and arguments previously presented at the immediate revocation hearing.

(iii) If the administrative law judge determines that immediate revocation is not reasonable, the revocation must be lifted, and the organization may resume accepting donations and award scholarships. The Treasurer or department may still issue a Treasurer or department determination in accordance with Section 12-60-450(E)(2).

(e) If at any time during the process, the Treasurer and department believes the organization is in compliance, the Treasurer may reinstate the organization.

(f) Following the permanent revocation of a nonprofit scholarship-funding organization, the Treasurer has the authority to oversee the transfer of donated funds of the revoked organization to other nonprofit scholarship-funding organizations.

(g) A scholarship-funding organization may transfer funds to another scholarship-funding organization if the organization ceases to exist. The funds that are transferred by one scholarship funding organization to another only may be considered by one organization when calculating its administrative expenses. The scholarship-funding organizations transferring and receiving the funds shall notify the Treasurer in writing within three days of the transfer. The notification may be made via electronic methodology.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X.A.   Section 12-6-3790 of the S.C. Code is repealed.
B.   This SECTION takes effect upon the full implementation of this act.
Renumber sections to conform.
Amend title to conform.

Rep. PACE explained the amendment.

Rep. PACE moved to table the amendment, which was agreed to.

Rep. Erickson proposed the following Amendment No. 14 to H. 5164 (Word version) (LC-5164.AHB0027H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 59-8-110(4)(iii), by striking the second undesignated paragraph and inserting:

Notwithstanding the provisions of item (b), "Eligible student" also includes the child of active-duty military personnel who were killed while on active-duty status and the child of an active-duty member of the Armed Forces of the United States who has received permanent change of station orders to a military base and who, as a result, will reside in South Carolina for the current or upcoming school year; provided, however, the child must have attained the age of five on or before September first of the school year in which scholarship funds are awarded.
Renumber sections to conform.
Amend title to conform.

Rep. ERICKSON explained the amendment.
The amendment was then adopted.

Rep. McDaniel proposed the following Amendment No. 15 to H. 5164 (Word version) (LC-5164.AHB0029H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-110(3) and inserting:

(3) "Eligible school" means a South Carolina public school or an independent school that chooses to participate in the program. "Eligible school" does not include a charter school."Eligible school" does not include a school in which a member of the General Assembly or an immediate family member of a member of the General Assembly has any ownership. For purposes of this section, "immediate family member" means as defined in Section 8-13-100(18).
Renumber sections to conform.
Amend title to conform.

Rep. MCDANIEL explained the amendment.

Rep. ERICKSON spoke upon the amendment.
The amendment was then adopted.

Rep. Thigpen proposed the following Amendment No. 16 to H. 5164 (Word version) (LC-5164.WAB0030H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-110(3) and inserting:

(3) "Eligible school" means a South Carolina public school or an independent school that chooses to participate in the program. "Eligible school" does not include a school that operates on a for-profit basis, and such for-profit schools may not receive scholarship funds awarded under this chapter.
Renumber sections to conform.
Amend title to conform.

Rep. THIGPEN explained the amendment.

Rep. ERICKSON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 75; Nays 27

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Caskey                   Chapman                  Chumley
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Elliott
Erickson                 Forrest                  Gagnon
Gibson                   Gilliam                  Guest
Guffey                   Haddon                   Hardee
Harris                   Hartnett                 Hewitt
Hiott                    Hixon                    Hyde
J. E. Johnson            S. Jones                 Jordan
Kilmartin                Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     May                      McCabe
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             T. A. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Pope                     Robbins
Sandifer                 Schuessler               G. M. Smith
M. M. Smith              Taylor                   Thayer
Vaughan                  West                     White
Whitmire                 Willis                   Wooten

Total--75

Those who voted in the negative are:

Anderson                 Atkinson                 Bauer
Bernstein                Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Gilliard
Hayes                    Henderson-Myers          Hosey
Howard                   J. L. Johnson            W. Jones
King                     Kirby                    J. Moore
Ott                      Pendarvis                Rivers
Rose                     Stavrinakis              Thigpen
Wetmore                  Wheeler                  Williams

Total--27

So, the amendment was tabled.

Rep. GARVIN spoke against the Bill.

ACTING SPEAKER HIOTT IN CHAIR

Rep. GARVIN continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. GARVIN continued speaking.
Rep. J. L. JOHNSON spoke against the Bill.
Rep. BAMBERG spoke against the Bill.

RULE 3.9 INVOKED

Rep. MCDANIEL invoked Rule 3.9. The SPEAKER PRO TEMPORE ordered a quorum call.

QUORUM CALL

A quorum was present.

RULE 3.9 RESCINDED

Rep. HIOTT moved to rescind Rule 3.9, which was agreed to.

Rep. ERICKSON spoke in favor of the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 69; Nays 32

Those who voted in the affirmative are:

Bailey                   Bannister                Beach
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Caskey                   Chapman                  Chumley
Connell                  B. L. Cox                Crawford
Cromer                   Davis                    Elliott
Erickson                 Forrest                  Gagnon
Gilliam                  Guest                    Guffey
Haddon                   Hardee                   Hartnett
Hewitt                   Hiott                    Hixon
Hyde                     J. E. Johnson            S. Jones
Jordan                   Kilmartin                Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     May
McCravy                  McGinnis                 Mitchell
T. Moore                 A. M. Morgan             Murphy
Neese                    B. Newton                W. Newton
Nutt                     O'Neal                   Oremus
Pace                     Pedalino                 Pope
Robbins                  Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Taylor
Vaughan                  West                     White
Whitmire                 Willis                   Wooten

Total--69

Those who voted in the negative are:

Anderson                 Atkinson                 Bamberg
Bauer                    Bernstein                Carter
Clyburn                  Cobb-Hunter              Dillard
Garvin                   Gibson                   Gilliard
Hayes                    Henderson-Myers          Hosey
Howard                   J. L. Johnson            W. Jones
King                     Kirby                    McDaniel
J. Moore                 Moss                     Ott
Pendarvis                Rivers                   Rose
Stavrinakis              Thigpen                  Wetmore
Wheeler                  Williams                 

Total--32

So, the Bill, as amended, was read the second time and ordered to third reading.

ABSTENTION FROM VOTING

March 20, 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. 5164 (Word version), regarding provisions, definitions, requirements, and revisions to the Education Scholarship Trust Fund Program.

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 for March 20, 2024.

Sincerely,
Rep. Josiah Magnuson

ABSTENTION FROM VOTING

March 20, 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. 5164 (Word version), regarding provisions, definitions, requirements, and revisions to the Education Scholarship Trust Fund Program.

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 for March 20, 2024.

Sincerely,
Rep. Alan Morgan

Rep. CROMER moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 6:29 p.m. the House, in accordance with the motion of Rep. ROBBINS, adjourned in memory of Libby Murdaugh, to meet at 10:00 a.m. tomorrow.

***

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