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

                                                    NO. 18

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023

_________

WEDNESDAY, FEBRUARY 7, 2024

Wednesday, February 7, 2024
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Exodus 4:13

There was a time when even the very humanness of Moses led him to call out to God, saying: " 'O Lord, please send someone else to do it.' "

Let us pray: I daresay, O God, that each one of us is quite aware that serving here in this Senate are some of the very individuals Moses called "someone else." For the fact is clear that these women and men have indeed been sent here by the people of South Carolina to serve, to stand for what is right and to use their gifts to accomplish great good. May it indeed be, Lord, that these Senators -- as well as their aides -- truly do just that. And here in this unsettled and even perilous world of ours, we call on You, O God, not only to strengthen and guide these who do serve here in this place, but also to keep safe our women and men in uniform laboring to protect the causes of freedom all around the globe. In Your loving name we pray all of this, O Lord. Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Call of the Senate

Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:

Adams                     Alexander                 Allen
Bennett                   Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Devine                    Fanning
Gambrell                  Garrett                   Goldfinch
Grooms                    Gustafson                 Harpootlian
Hembree                   Hutto                     Johnson, Kevin
Johnson, Michael          Kimbrell                  Loftis
Malloy                    Martin                    Massey
McElveen                  Peeler                    Reichenbach
Rice                      Senn                      Setzler
Shealy                    Stephens                  Talley
Turner                    Verdin                    Williams
Young

A quorum being present, the Senate resumed.

Doctor of the Day

Senator SHEALY introduced Dr. Jennifer Root of Lexington, S.C., Doctor of the Day.

Leave of Absence

At 1:47 P.M., Senator SETZLER requested a leave of absence until 3:00 P.M.

Leave of Absence

On motion of Senator K. JOHNSON, at 2:04 P.M., Senator SABB was granted a leave of absence for today.

Leave of Absence

On motion of Senator McLEOD, at 2:06 P.M., Senator MATTHEWS was granted a leave of absence for today.

Leave of Absence

On motion of Senator HUTTO, at 4:34 P.M., Senator HARPOOTLIAN was granted a leave of absence for the balance of the day.

Expression of Personal Interest

Senator MALLOY rose for an Expression of Personal Interest.

Remarks to be Printed

On motion of Senator STEPHENS, with unanimous consent, the remarks of Senator MALLOY, when reduced to writing and made available to the Desk, would be printed in the Journal.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 235 (Word version)     Sen. Senn
S. 839 (Word version)     Sen. Senn
S. 861 (Word version)     Sen. Kimbrell
S. 947 (Word version)     Sen. Senn
S. 954 (Word version)     Sen. Senn
S. 994 (Word version)     Sen. McLeod
S. 995 (Word version)     Sen. Senn
S. 996 (Word version)     Sen. Senn
S. 999 (Word version)     Sen. Fanning

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1029 (Word version) -- Senators Devine, Jackson and McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR KAREN ALEXANDER-BANKS, FOUNDER AND CEO OF THE AUNTIE KAREN FOUNDATION, FOR HER TWENTIETH LEGENDS OF CONCERT SERIES.
sr-0581km-vc24.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1030 (Word version) -- Senator Turner: A SENATE RESOLUTION TO CONGRATULATE GREENVILLE CHARTER TECHNICAL HIGH SCHOOL UPON THE OCCASION OF ITS TWENTY-FIFTH ANNIVERSARY AND TO COMMEND ITS ADMINISTRATORS AND STAFF FOR THEIR MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY COMMUNITY AND THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 1031 (Word version) -- Senator Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING CHAPTER 11 OF TITLE 35, RELATING TO ANTI-MONEY LAUNDERING, SO AS TO INCORPORATE THE UNIFORM MONEY SERVICES ACT, TO PROTECT THE PUBLIC FROM FINANCIAL CRIME, STANDARDIZE THE TYPES OF ACTIVITIES THAT ARE SUBJECT TO LICENSING, AND MODERNIZE SAFETY AND SOUNDNESS REQUIREMENTS TO ENSURE FUNDS ARE PROTECTED IN AN ENVIRONMENT THAT SUPPORTS INNOVATIVE AND COMPETITIVE BUSINESS PRACTICES.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1032 (Word version) -- Senator Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING CHAPTER 47 OF TITLE 38 RELATING TO INSURANCE ADJUSTERS; BY REPEALING CHAPTER 48 OF TITLE 38 ENTITLED "INSURANCE ADJUSTERS" RELATING TO PUBLIC INSURANCE ADJUSTERS; BY ADDING CHAPTER 91 TO TITLE 38 ENTITLED "INSURANCE ADJUSTERS" SO AS TO DEFINE TERMS, OUTLINE LICENSURE REQUIREMENTS, ALLOW FOR NONRESIDENT LICENSES, REQUIRE AN EXAMINATION AND CONTINUING EDUCATION FOR LICENSURE, STATE STANDARDS OF CONDUCT, AND PROVIDE FOR THE DENIAL, PROBATION, REVOCATION, AND SUSPENSION OF A LICENSE, AMONG OTHER THINGS; BY ADDING CHAPTER 92 TO TITLE 38 ENTITLED "PUBLIC INSURANCE ADJUSTERS" SO AS TO DEFINE TERMS, OUTLINE LICENSURE REQUIREMENTS, REQUIRE EXAMINATION, PROVIDE FOR RECIPROCITY, ADDRESS LICENSE RENEWAL, REINSTATEMENT, DENIAL, NONRENEWAL, AND REVOCATION, AND TO REQUIRE A BOND, CONTINUING EDUCATION, AND FEES, AMONG OTHER THINGS; AND BY AMENDING SECTION 38-1-20, RELATING TO DEFINITIONS, SO AS TO MAKE A CONFORMING CHANGE.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1033 (Word version) -- Senator Tedder: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO THE POWERS OF GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES BETWEEN 7:00 PM AND 9:00 AM.
smin-0104aa24.docx

Read the first time and referred to the Committee on Judiciary.

S. 1034 (Word version) -- Senator M. Johnson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 30-2-500, RELATING TO DEFINITIONS, SO AS TO INCLUDE NAME AND PROPERTY TAX NUMBER IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AN ELIGIBLE REQUESTING PARTY MAY REQUEST TO BE REMOVED OR REDACTED FROM A DATABASE OR AN IMAGE OR A COPY OF AN OFFICIAL DOCUMENT POSTED ON A PUBLICLY AVAILABLE STATE OR LOCAL GOVERNMENT AGENCY WEBSITE; BY AMENDING SECTION 30-2-510, RELATING TO OPTION FOR LAW ENFORCEMENT OFFICERS TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL, EXCEPTIONS, AND PROCEDURES, SO AS TO REQUIRE THE LAW ENFORCEMENT OFFICER'S CHOICE TO REMOVE OR REDACT PERSONAL CONTACT INFORMATION FROM A DATABASE OR FROM AN IMAGE OR A COPY OF AN OFFICIAL RECORD THAT IS PLACED OR WILL BE PLACED ON A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AGENCY; BY ADDING SECTION 30-2-515 SO AS TO ALLOW AN ELIGIBLE REQUESTING PARTY TO PETITION THE COURT FOR AN ORDER THAT DIRECTLY COMPLIES WITH THIS ARTICLE AND TO PROHIBIT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE FOR CLAIMS OR DAMAGES THAT ARISE FROM PERSONAL CONTACT INFORMATION ON THE PUBLIC RECORD; TO DIRECT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO CREATE FORMS IN COLLABORATION WITH SOUTH CAROLINA COURT ADMINISTRATION FOR LAW ENFORCEMENT TO USE TO REQUEST PROTECTION OF THEIR PERSONAL CONTACT INFORMATION AND TO PROVIDE INFORMATION THE FORMS SHOULD INCLUDE; BY AMENDING SECTION 30-2-700, RELATING TO DEFINITIONS, SO AS TO INCLUDE NAME AND PROPERTY TAX NUMBER IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AN ELIGIBLE REQUESTING PARTY MAY REQUEST TO BE REMOVED OR REDACTED FROM A DATABASE OR AN IMAGE OR A COPY OF AN OFFICIAL DOCUMENT POSTED ON A PUBLICLY AVAILABLE STATE OR LOCAL GOVERNMENT AGENCY WEBSITE; BY AMENDING SECTION 30-2-710, RELATING TO AN OPTION FOR JUDGES TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL, EXCEPTIONS, AND PROCEDURES, SO AS TO REQUIRE THE JUDGE'S CHOICE TO REMOVE OR REDACT PERSONAL CONTACT INFORMATION FROM A DATABASE OR FROM AN IMAGE OR A COPY OF AN OFFICIAL RECORD THAT IS PLACED OR WILL BE PLACED ON A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AGENCY; BY ADDING SECTION 30-2-715 SO AS TO ALLOW AN ELIGIBLE REQUESTING PARTY TO PETITION THE COURT FOR AN ORDER THAT DIRECTLY COMPLIES WITH THIS ARTICLE AND TO PROHIBIT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE FOR CLAIMS OR DAMAGES THAT ARISE FROM PERSONAL CONTACT INFORMATION ON THE PUBLIC RECORD; AND TO DIRECT THE SOUTH CAROLINA COURT ADMINISTRATION TO CREATE FORMS IN COLLABORATION WITH THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY FOR JUDGES TO USE TO REQUEST PROTECTION OF THEIR PERSONAL CONTACT INFORMATION AND TO PROVIDE INFORMATION THE FORMS SHOULD INCLUDE.
sj-0039mb24.docx

Read the first time and referred to the Committee on Judiciary.

S. 1035 (Word version) -- Senator Rankin: A BILL TO ADOPT REVISED CODE VOLUME 17A OF THE SOUTH CAROLINA CODE OF LAWS, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2024.
lc-0240ahb24.docx

Read the first time and referred to the Committee on Judiciary.

S. 1036 (Word version) -- Senator Fanning: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CLIFTON RUBIN HENDRIX, A DEACON OF GETHSEMANE BAPTIST CHURCH, AND TO REJOICE WITH HIM AND THE CONGREGATION AS HE IS NAMED A DEACON EMERITUS.
lc-0396vr-gm24.docx

The Senate Resolution was adopted.

H. 3278 (Word version) -- Reps. West, Ligon and Sandifer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 40-60-30, 40-60-31, AND 40-60-33, ALL RELATING TO REAL ESTATE APPRAISER LICENSURE REQUIREMENTS, SO AS TO MODIFY EXEMPTIONS, REVISE AND PROVIDE EDUCATION REQUIREMENTS AND ACCEPTABLE EQUIVALENCIES FOR APPRENTICE APPRAISERS; AND TO REVISE REQUIREMENTS AND QUALIFICATIONS FOR LICENSED MASS APPRAISERS; BY AMENDING SECTION 40-60-34, RELATING TO REQUIREMENTS RELATING TO APPRENTICE APPRAISERS AND APPRAISER SUPERVISING APPRENTICES, SO AS TO REVISE REQUIREMENTS; BY AMENDING SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO IMPOSE REPORTING REQUIREMENTS UPON LICENSEES; BY ADDING SECTION 40-60-36 SO AS TO IMPOSE REPORTING REQUIREMENTS UPON PROVIDERS; BY AMENDING SECTION 40-60-37, RELATING TO RECIPROCAL APPLICATIONS FROM APPRAISERS FROM OTHER JURISDICTIONS, SO AS TO MAKE A TECHNICAL CORRECTION; BY AMENDING SECTION 40-60-40, RELATING TO REQUIRED APPRAISER CONTACT INFORMATION, SO AS TO INCLUDE EMAIL ADDRESSES OF LICENSEES; BY AMENDING SECTION 40-60-320, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF APPRAISAL PANEL; BY AMENDING SECTION 40-60-330, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO REVISE REQUIREMENTS CONCERNING CERTAIN FINANCIAL INFORMATION; BY AMENDING SECTION 40-60-360, RELATING TO PROMULGATION OF REGULATIONS, SO AS TO SPECIFY REQUIRED REGULATIONS; BY AMENDING SECTION 40-60-420, RELATING TO RECORD-KEEPING REQUIREMENTS FOR REGISTRATION RENEWAL, SO AS TO REVISE REQUIREMENTS CONCERNING RECORDS THAT APPRAISAL MANAGEMENT COMPANIES MUST PROVIDE; AND BY AMENDING SECTION 40-60-450, RELATING TO COMPENSATION, SO AS TO CLARIFY THE APPLICABLE GOVERNING FEDERAL REGULATIONS.
lc-0041ph23.docx

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3992 (Word version) -- Reps. Blackwell, McGinnis, Sandifer, Ligon, Cromer, Magnuson, White, Pace and Burns: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-31-60, RELATING TO DELINQUENT UNEMPLOYMENT COMPENSATION TAX RATES, SO AS TO PERMIT EMPLOYERS WITH INSTALLMENT PAYMENT AGREEMENTS APPROVED BY THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE TO PAY THE TAX AT A REDUCED RATE, AND TO PROVIDE FOR THE AUTOMATIC REVERSION OF THIS RATE UPON FAILURE TO TIMELY COMPLY WITH THE PAYMENT AGREEMENT.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 4376 (Word version) -- Reps. B. J. Cox, M. M. Smith, Caskey, T. Moore, Wooten, J. L. Johnson, Davis, Sessions, Guffey, Ligon, O'Neal, Pope, Hart and J. Moore: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 25-12-10, 25-12-30, AND 25-12-50, ALL RELATING TO THE DISPOSAL OF UNCLAIMED HUMAN REMAINS OF A DECEASED VETERAN, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 12, TITLE 25 ALSO APPLY TO THE DISPOSAL OF UNCLAIMED HUMAN REMAINS OF A DECEASED VETERAN AND TO PROVIDE THAT THE PROVISIONS OF CHAPTER 12, TITLE 25 ARE MANDATORY UNDER CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 17-5-590, RELATING TO THE DISPOSITION OF REMAINS OF UNIDENTIFIED DEAD BODIES, SO AS TO REQUIRE CORONERS TO RELEASE CERTAIN HUMAN REMAINS THAT HAVE BEEN DETERMINED TO BE THOSE OF AN UNCLAIMED DECEASED VETERAN TO A FUNERAL HOME, FUNERAL ESTABLISHMENT, OR MORTUARY FOR DISPOSITION PURSUANT TO CHAPTER 12, TITLE 25.
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Read the first time and referred to the Committee on Family and Veterans' Services.

H. 4869 (Word version) -- Reps. Sandifer, Hardee, Ligon and Jefferson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-3-150, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEES TO CONDUCT EXAMINATIONS, INVESTIGATIONS, AND HEARINGS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF SUCH INVESTIGATIONS; BY AMENDING SECTION 38-9-200, RELATING TO CONDITIONS FOR ALLOWING REINSURANCE CREDITS, SO AS TO REVISE CERTAIN CONDITIONS; BY AMENDING SECTION 38-13-10, RELATING TO INSURER EXAMINATIONS, SO AS TO PROVIDE SUCH EXAMINATIONS ARE FINANCIAL EXAMINATIONS, TO APPLY THE PROVISIONS TO HEALTH MAINTENANCE ORGANIZATIONS AND OTHER LICENSEES OF THE DEPARTMENT, TO PROVIDE MARKET CONDUCT EXAMINATIONS, AND TO REMOVE OBSOLETE PROVISIONS, AMONG OTHER THINGS; BY AMENDING SECTION 38-13-70, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DIRECTOR OR HIS DESIGNEES MAY CONDUCT INVESTIGATIONS, TO PROVIDE FOR THE CONFIDENTIALITY OF INVESTIGATIONS, AND TO PROVIDE FINAL ORDERS DISCIPLINING LICENSEES ARE PUBLIC INFORMATION, AMONG OTHER THINGS; AND BY AMENDING SECTION 38-57-130, RELATING TO INSURANCE TRADE PRACTICES, SO AS TO PROVIDE REVISED EXEMPTIONS FROM PROVISIONS PROHIBITING MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN INSURANCE CONTRACTS.
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Read the first time and referred to the Committee on Banking and Insurance.

H. 4928 (Word version) -- Reps. Davis, B. J. Cox, Hart, Jefferson, J. Moore, Caskey and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-21-10, RELATING TO THE ESTABLISHMENT OF VETERANS' TRUST FUND, SO AS TO PROVIDE FOR FUNDRAISING; AND BY AMENDING SECTION 25-21-30, RELATING TO THE DUTIES AND FUNCTIONS OF THE VETERANS' TRUST FUND BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE ABILITY TO FUNDRAISE.
lc-0471sa24.docx

Read the first time and referred to the Committee on Family and Veterans' Services.

H. 5008 (Word version) -- Rep. W. Newton: A BILL TO ADOPT REVISED CODE VOLUME 17A OF THE SOUTH CAROLINA CODE OF LAWS, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2024.
lc-0239ahb24.docx

Read the first time and referred to the Committee on Judiciary.

H. 5015 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-7-68, RELATING TO FORMAT OF THE GENERAL APPROPRIATIONS BILL, SO AS TO PROVIDE NEW PROVISOS TO BE UNDERLINED INSTEAD OF ITALICIZED.
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Read the first time and referred to the Committee on Finance.

H. 5036 (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 CONCURRENT RESOLUTION TO DECLARE APRIL 28, 2024, AS "WORKERS' MEMORIAL DAY" IN SOUTH CAROLINA AS TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
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The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

H. 5050 (Word version) -- Rep. Erickson: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 7, 2024, AS "ADVANCED PLACEMENT DAY" AT THE STATE HOUSE.
lc-0388hdb-rm24.docx

The Concurrent Resolution was introduced and referred to the Committee on Education.

H. 5058 (Word version) -- Reps. Wheeler, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR GEE WHETSEL FOR NEARLY FORTY YEARS OF DEDICATED SERVICE IN THE FIELD OF NEWSPAPER JOURNALISM, MOST HAVING BEEN SPENT AT THE LEE COUNTY OBSERVER IN BISHOPVILLE, AND FOR HER COMMITMENT TO THE BISHOPVILLE COMMUNITY.
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The Concurrent Resolution was adopted, ordered returned to the House.

Message from the House

Columbia, S.C., February 6, 2024

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 3951 (Word version) -- Reps. Haddon, G.M. Smith, Bannister, Hiott, Ligon, Hixon, Leber, Erickson, Forrest, Brewer, Murphy, Robbins, Willis, Calhoon, Pope, Davis and M.M. Smith: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "WORKING AGRICULTURAL LANDS PRESERVATION ACT" BY ADDING CHAPTER 57 TO TITLE 46 SO AS TO DEFINE TERMS, ESTABLISH A COMMITTEE, AND OUTLINE PROGRAM CRITERIA, AMONG OTHER THINGS.
And has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 6, 2024

Mr. President and Senators:

The House respectfully informs your Honorable Body that it continued the veto message on R. 102, H. 4300.

(R102, H4300 (Word version)) -- Ways and Means Committee: AN ACT TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 1012 (Word version) -- Senator Corbin: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR COACH DAVID SMITH OF GREER MIDDLE COLLEGE CHARTER HIGH SCHOOL FOR BEING NAMED 2023 CROSS COUNTRY COACH OF THE YEAR FOR BOTH THE SOUTH CAROLINA TRACK AND CROSS COUNTRY COACHES ASSOCIATION AND THE UNITED STATES TRACK AND FIELD CROSS COUNTRY COACHES ASSOCIATION.

Returned with concurrence.

Received as information.

S. 1013 (Word version) -- Senator Corbin: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER MIDDLE COLLEGE CHARTER HIGH SCHOOL BOYS CROSS COUNTRY AND TRACK AND FIELD TEAMS FOR WINNING THEIR RESPECTIVE CLASS AA BOYS STATE CHAMPIONSHIP TITLES.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4892 (Word version) -- Reps. Thayer, West, Chapman, Beach, Cromer and Gagnon: A BILL TO AMEND ACT 510 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAPPORTION THE DISTRICTS FROM WHICH BOARD MEMBERS ARE ELECTED; AND TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT 1, SO AS TO REAPPORTION THESE DISTRICTS.

On motion of Senator GAMBRELL.

Expression of Personal Interest

Senator HARPOOTLIAN rose for an Expression of Personal Interest.

OBJECTION

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.

Senator MALLOY objected to consideration of the Bill.

OBJECTION

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.

Senator MALLOY objected to consideration of the Bill.

CARRIED OVER

S. 578 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO AUTHORIZE THE DISCLOSURE OF DOCUMENTS UNDER CERTAIN CIRCUMSTANCES.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (LC-578.DG0003S):

Amend the bill, as and if amended, SECTION 1, by striking Section 12-54-240(B)(23) and inserting:
  (23) disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services or the Attorney General for the purpose of verifying Medicaid eligibility or investigating Medicaid fraud;

Renumber sections to conform.

Amend title to conform.

Senator DAVIS explained the amendment.

Senator MALLOY spoke on the amendment.

On motion of Senator DAVIS, the Bill was carried over.

ACTING PRESIDENT PRESIDES

Senator CAMPSEN assumed the Chair.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 408 (Word version) -- Senator Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-75-250, RELATING TO ISSUANCE OF LICENSE, DISPLAY, AND RENEWAL, SO AS TO REQUIRE ONE HOUR OF SUICIDE PREVENTION TRAINING AS A PORTION OF THE TOTAL CONTINUING EDUCATION REQUIREMENT; AND BY AMENDING SECTION 40-75-540, RELATING TO REGULATIONS FOR CONTINUING EDUCATION AND LICENSE RENEWAL, SO AS TO REQUIRE ONE HOUR OF SUICIDE PREVENTION TRAINING AS A PORTION OF THE TOTAL CONTINUING EDUCATION REQUIREMENT.

The Senate proceeded to a consideration of the Bill.

The Committee on Medical Affairs proposed the following amendment (SR-408.JG0001S), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X.   Section 40-63-250 of the S.C. Code is amended to read:

Section 40-63-250.   (A) If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed social worker while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.

(B) A licensee under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.

(C) A licensee under this chapter must indicate his or her category of licensure following his or her name or signature on all professional documents.

(D) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.

(E) A person licensed under this chapter must receive at least one contact hour of continuing education in suicide assessment, treatment, and management treatment as a portion of the total continuing education requirement for license renewal as determined by the board in regulation.

(E)(F) Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current renewal fee to be determined by the board. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement. If a license has lapsed for more than two years, the person must reapply for licensure. Any person practicing as a social worker during the time that his license has lapsed has engaged in unlicensed practice and is subject to penalties provided for in Section 40-63-30.

Renumber sections to conform.

Amend title to conform.

Senator GARRETT explained the amendment.

The amendment was adopted.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 43; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Devine                    Fanning
Gambrell                  Garrett                   Goldfinch
Grooms                    Gustafson                 Harpootlian
Hembree                   Hutto                     Jackson
Johnson, Kevin            Johnson, Michael          Kimbrell
Loftis                    Malloy                    Martin
Massey                    McElveen                  McLeod
Peeler                    Rankin                    Reichenbach
Rice                      Senn                      Shealy
Stephens                  Talley                    Tedder
Turner                    Verdin                    Williams
Young

Total--43

NAYS

Total--0

There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 558 (Word version) -- Senators Verdin and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-31-40 SO AS TO PROVIDE THE PROCEDURE FOR THE TUBERCULOSIS TESTING OF APPLICANT RESIDENTS AND NEWLY ADMITTED RESIDENTS OF NURSING HOMES IN THIS STATE.

The Senate proceeded to a consideration of the Bill.

The Committee on Medical Affairs proposed the following amendment (SR-558.JG0001S), which was adopted:

Amend the bill, as and if amended, SECTION 1, by striking Section 44-31-40 and inserting:
  Section 44-31-40.   (A) A nursing home or community residential care facility as defined in Section 44-7-130 shall:

(1) prior to the admission of a new resident, request and receive a written declaration from an authorized healthcare provider that, based upon medical examination of the applicant resident, the applicant resident has no signs or symptoms of active tuberculosis;

(2) within three days of a resident's admission to the nursing home or community residential care facility from a hospital, as defined in Section 44-7-130, administer the first step of the two-step tuberculin skin test to the resident; and

(3) within fourteen days of that resident's admission, administer the second step of the tuberculin skin test to the resident.

Amend the bill further, SECTION 1, by striking Section 44-31-40(B)(1) and (2) and inserting:
  (B)(1) The nursing home or community residential care facility may substitute a single blood assay for mycobacterium tuberculosis for a two-step tuberculin skin test; or

(2) administer a single tuberculin skin test or single blood assay for mycobacterium tuberculosis within fourteen days of the resident's admission from a hospital if the nursing home or community residential care facility has documentation that within the twelve-month period prior to admission, the resident obtained a negative tuberculin skin test or a negative single blood assay for mycobacterium tuberculosis.

Renumber sections to conform.

Amend title to conform.

Senator GARRETT explained the amendment.

The amendment was adopted.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 43; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Devine                    Fanning
Gambrell                  Garrett                   Goldfinch
Grooms                    Gustafson                 Harpootlian
Hembree                   Hutto                     Jackson
Johnson, Kevin            Johnson, Michael          Kimbrell
Loftis                    Malloy                    Martin
Massey                    McElveen                  McLeod
Peeler                    Rankin                    Reichenbach
Rice                      Senn                      Shealy
Stephens                  Talley                    Tedder
Turner                    Verdin                    Williams
Young

Total--43

NAYS

Total--0

There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.

POINT OF ORDER

S. 32 (Word version) -- Senators Hutto and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-77-170, RELATING TO THE REQUIRED CONDITIONS TO SUE OR RECOVER UNDER THE UNINSURED MOTORIST PROVISION WHEN THE OWNER OR OPERATOR OF THE MOTOR VEHICLE CAUSING INJURY OR DAMAGE IS UNKNOWN, SO AS TO ALLOW AN INSURED TO SEEK A COURT ORDER FOR A PRESUIT DEPOSITION WHEN THE INSURED IS UNABLE TO OBTAIN AN AFFIDAVIT FROM A WITNESS TO THE ACCIDENT AND TO ALLOW AN INSURED TO SUBMIT ELECTRONIC OR OTHER RECORDING OF THE ACCIDENT TO MEET THE REQUIRED CONDITIONS OF THE UNINSURED MOTORIST PROVISION.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 944 (Word version) -- Senators Gambrell, Bennett and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PAID FAMILY LEAVE INSURANCE ACT" BY ADDING CHAPTER 103 TO TITLE 38 SO AS TO DEFINE TERMS, ESTABLISH FAMILY LEAVE BENEFITS, OUTLINE REQUIREMENTS OF FAMILY LEAVE INSURANCE POLICIES, AND PROVIDE EXCLUSIONS, AMONG OTHER THINGS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 957 (Word version) -- Senator Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-3-150, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEES TO CONDUCT EXAMINATIONS, INVESTIGATIONS, AND HEARINGS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF SUCH INVESTIGATIONS; BY AMENDING SECTION 38-9-200, RELATING TO CONDITIONS FOR ALLOWING REINSURANCE CREDITS, SO AS TO REVISE CERTAIN CONDITIONS; BY AMENDING SECTION 38-13-10, RELATING TO INSURER EXAMINATIONS, SO AS TO PROVIDE SUCH EXAMINATIONS ARE FINANCIAL EXAMINATIONS, TO APPLY THE PROVISIONS TO HEALTH MAINTENANCE ORGANIZATIONS AND OTHER LICENSEES OF THE DEPARTMENT, TO PROVIDE MARKET CONDUCT EXAMINATIONS, AND TO REMOVE OBSOLETE PROVISIONS, AMONG OTHER THINGS; BY AMENDING SECTION 38-13-70, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DIRECTOR OR HIS DESIGNEES MAY CONDUCT INVESTIGATIONS, TO PROVIDE FOR THE CONFIDENTIALITY OF INVESTIGATIONS, AND TO PROVIDE FINAL ORDERS DISCIPLINING LICENSEES ARE PUBLIC INFORMATION, AMONG OTHER THINGS; AND BY AMENDING SECTION 38-57-130, RELATING TO INSURANCE TRADE PRACTICES, SO AS TO PROVIDE REVISED EXEMPTIONS FROM PROVISIONS PROHIBITING MISREPRESENTATIONS, SPECIAL INDUCEMENTS, AND REBATES IN INSURANCE CONTRACTS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

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.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1026 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO PHARMACY SERVICES ADMINISTRATIVE ORGANIZATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5241, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 1027 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO PHARMACY BENEFITS MANAGERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5240, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

ADOPTED

S. 1010 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 2024 AS "AMERICAN HEART MONTH" IN SOUTH CAROLINA.

The Resolution was adopted, ordered sent to the House.

Expression of Personal Interest

Senator ALEXANDER rose for an Expression of Personal Interest.

Remarks by PRESIDENT ALEXANDER

The Speaker of the House took to the floor today to attack the Senate for several issues that he claims we are solely responsible for. Let me set the record straight with the whole story.
The reason that there was no Comptroller General election last year is because the House was only interested in giving a former member a job rather than selecting someone who could handle the constitutional role.
I can understand why the House would want to have judicial elections now and that is they want to elect judges so that they can remove the only leverage that those who want judicial reform have and that is the judicial elections. What we learned in the testimony from some of the presenters at the House Speaker's own Special Committee on Judicial Reform is that it was House members who used their status as House members or House JMSC members to exert leverage or exact revenge on judges they elect. And make no mistake they believe with every fiber of their collective being that they alone elect judges. In fact, at the Bar Convention last year, the House's Minority leader told a packed room of lawyers there -- to learn about the process of becoming a judge -- that he didn't understand why anyone would waste their time coming to the Senate because they didn't elect judges; the House did.
He also spoke to his body about all that his body has done for law enforcement -- listing off subjects like fentanyl trafficking, bond reform, etc. Those are important issues and they are law but not because of the House alone but because the Senate also adopted them. However, he left out one tool that law enforcement desperately wants S.1, the Fentanyl Murder Bill, that passed this Body unanimously but that the House has sat on for nearly a year.
If the Speaker of the House wants to accomplish what he says he wants to accomplish, then his time might be better spent working with his colleagues in the Senate rather than demagoguing them. He should talk with us instead of at us.
Mr. House Speaker, the Senate as always stands ready to work with you, but we do not work for you.

On motion of Senator HUTTO, with unanimous consent, the remarks of Senator ALEXANDER were ordered printed in the Journal.

PRESIDENT PRESIDES

At 2:19 P.M., the PRESIDENT assumed the Chair.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

At 2:20 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CARRIED OVER

S. 298 (Word version) -- Senators Bennett, Turner, Kimbrell, Campsen and Adams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-2320, RELATING TO ALTERNATE METHODS FOR THE ALLOCATION AND APPORTIONMENT OF INCOME FOR STATE INCOME TAX PURPOSES, SO AS TO SET FORTH A PROCESS FOR THE DEPARTMENT OF REVENUE AND TAXPAYERS TO ACCURATELY DETERMINE NET INCOME.

On motion of Senator DAVIS, the Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, DEBATE INTERRUPTED

S. 423 (Word version) -- Senators Davis, Hutto, Grooms, Kimpson, Malloy, McLeod, Verdin, Fanning, Goldfinch, Gustafson, Shealy and Tedder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA COMPASSIONATE CARE ACT"; BY AMENDING CHAPTER 53, TITLE 44 OF THE S.C. CODE, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, BY ADDING ARTICLE 20, SO AS TO PROVIDE FOR THE SALE OF MEDICAL CANNABIS PRODUCTS AND THE CONDITIONS UNDER WHICH A SALE CAN OCCUR; BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OF A MOTOR VEHICLE TO VAPORIZE CANNABIS PRODUCTS AS DEFINED IN SECTION 44-53-2010 WHILE OPERATING THE MOTOR VEHICLE AND TO PROVIDE PENALTIES; BY REPEALING ARTICLE 4, CHAPTER 53, TITLE 44 RELATING TO CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH; AND TO DEFINE NECESSARY TERMS.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator DAVIS explained the Bill.

Amendment No. 1

Senator CORBIN proposed the following amendment (LC-423.DG0002S), which was adopted:

Amend the bill, as and if amended, SECTION 4, by striking Section 44-53-2260(E) and inserting:
  (E)   Except as otherwise provided by this section, the provisions of this article do not require any person, corporation, landlord, or other entity that occupies, owns, or controls a property to allow the vaporization of cannabis products on that property.

Renumber sections to conform.

Amend title to conform.

Senator CORBIN explained the amendment.

The question then was the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 30; Nays 12

AYES

Adams                     Alexander                 Bennett
Campsen                   Cash                      Climer
Corbin                    Cromer                    Gambrell
Garrett                   Goldfinch                 Hembree
Johnson, Kevin            Johnson, Michael          Kimbrell
Loftis                    Martin                    Massey
McElveen                  Peeler                    Rankin
Reichenbach               Rice                      Senn
Setzler                   Talley                    Turner
Verdin                    Williams                  Young

Total--30

NAYS

Allen                     Davis                     Devine
Fanning                   Gustafson                 Hutto
Jackson                   Malloy                    McLeod
Shealy                    Stephens                  Tedder

Total--12

The amendment was adopted.

Senator K. JOHNSON spoke on the Bill.

Debate was interrupted by adjournment.

Motion Adopted

On motion of Senator MASSEY, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator SABB, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Bethel Davis of Williamsburg, S.C. Bethel attended school in the Williamsburg County School system and worked for Bruce-Parker and MeadWestvaco Corporation. Bethel was very loved and will be dearly missed.

and

MOTION ADOPTED

On motion of Senators HUTTO and MALLOY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Stanley L. Myers of Lexington, S.C. Stanley was a four-year starting quarterback for the Bulldogs while he attended The Citadel. He was later elected to The Citadel Board of Visitors, served on the Lexington Medical Center Board of Visitors, founded Swansea Mentoring Program, opened Countryside BBQ and hosted the Town of Swansea's Bike Bonanza every Christmas. He was a managing partner at Moore Bradley Myers. Stanley served as Captain with the 218th Infantry Brigade in Afghanistan, was a Lieutenant Colonel and served as Staff Judge Advocate for the 59th Troop Command at McEntire Joint National Guard Base. Stanley was a loving husband, devoted father and dedicated community member who will be dearly missed.

ADJOURNMENT

At 5:07 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.

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