NO. 58
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:30 A.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:
Daniel 6:16
As Daniel the prophet tells us, "So the king gave the order, and they brought Daniel and threw him into the lions' den."
Let us pray: O God, as the time for ringing the closing bell for this Senate Session draws nearer and nearer, how indeed does pressure build -- pressure to wrap things up, to accomplish worthy ends, to continue creating a better South Carolina. For many of these leaders of our State, it truly must feel at times that they themselves have been thrown "into the lions' den." That is why, Lord, we pray today that You will give each of these Senators the gifts of fortitude and of courage so they can continue doing what they know to be best for our citizens. And may the untiring efforts of these servants, dear God, bring about great good, thanks to Your continual blessing and guidance. And as always, Lord, to You be the glory. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator MASSEY, the Senate agreed that the Senate would reconvene thirty minutes after the conclusion of the Joint Assembly.
At 11:55 P.M., on motion of Senator MASSEY, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolutions adopted by both Houses.
H. 4895 (Word version) -- Reps. Caskey, Jordan and Rutherford: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 7, 2024, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN CHIEF JUSTICE OF THE SUPREME COURT, UPON HIS RETIREMENT ON OR BEFORE JULY 31, 2024, AND THE SUCCESSOR WILL FILL A NEW TERM OF THAT OFFICE WHICH WILL EXPIRE JULY 31, 2034; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 8, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 9, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2024, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, SEAT 1, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2024, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, AND THE SUCCESSOR WILL FILL A NEW TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2030; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2024, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2024; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 4, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2027; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 8, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2027; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 11, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH EXPIRES JUNE 30, 2026; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 16, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2024, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, SEVENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 4, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, NINTH JUDICIAL CIRCUIT, SEAT 6, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TENTH JUDICIAL CIRCUIT, SEAT 1, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE JULY 1, 2024, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE, WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A JUDGE TO A NEWLY CREATED SEAT FOR THE FAMILY COURT, SIXTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM WILL BE FROM JULY 1, 2024, UNTIL JUNE 30, 2030; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2024.
S. 1230 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 17, 2024, IMMEDIATELY FOLLOWING JUDICIAL ELECTIONS, AS THE TIME TO ELECT A MEMBER TO THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON TO FILL THE TERM OF THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT SEAT 3, THIRD CONGRESSIONAL DISTRICT SEAT 5, FOURTH CONGRESSIONAL DISTRICT SEAT 7, FIFTH CONGRESSIONAL DISTRICT SEAT 9, SIXTH CONGRESSIONAL DISTRICT SEAT 11, SEVENTH CONGRESSIONAL DISTRICT SEAT 13, AT-LARGE SEAT 15, AND AT-LARGE SEAT 17, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER TO THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT SEAT 1, WHOSE TERM WILL EXPIRE ON JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2024, THE TERM OF THE MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT SEAT 5 AND FOR THE SIXTH CONGRESSIONAL DISTRICT SEAT 6, OF WHICH BOTH TERMS WILL EXPIRE ON JUNE 30, 2026, AND THE TERM OF THE MEMBER FOR AT-LARGE SEATS 8, 10, 12, AND 13, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF LANDER UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT SEAT 9, WHOSE TERM WILL EXPIRE ON JUNE 30, 2024; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT MEDICAL SEAT, SECOND CONGRESSIONAL DISTRICT MEDICAL SEAT, THIRD CONGRESSIONAL DISTRICT MEDICAL SEAT, FOURTH CONGRESSIONAL DISTRICT LAY SEAT, FIFTH CONGRESSIONAL DISTRICT LAY SEAT, SIXTH CONGRESSIONAL DISTRICT MEDICAL SEAT, AND SEVENTH CONGRESSIONAL DISTRICT LAY SEAT, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO FILL THE TERM OF A MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT SEAT 5, SEVENTH CONGRESSIONAL DISTRICT SEAT 7, AND AT-LARGE SEATS 9 AND 11, OF WHICH ALL TERMS WILL EXPIRE ON JUNE 30, 2026; AND TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY FOR THE FOURTH CONGRESSIONAL DISTRICT SEAT 4, WHOSE TERM WILL EXPIRE ON JUNE 30, 2028; AND TO FIX WEDNESDAY, APRIL 17, 2024, IMMEDIATELY FOLLOWING COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES ELECTIONS, AS THE TIME TO ELECT MEMBERS TO THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE'S APPELLATE PANEL.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Court of Appeals, Seat 8.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jerry D. Vinson, Jr. had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV. placed the name of the Honorable Jerry D. Vinson, Jr. in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jerry D. Vinson, Jr. was elected to the position of Judge, Court of Appeals, Seat 8 for the term to expire July 30, 2024.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Court of Appeals, Seat 9.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Whitney B. Harrison, the Honorable Jan B. Bromell Holmes and the Honorable Matthew P. Turner had been screened and found qualified to serve.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Whitney B. Harrison:
DavisHarpootlian Hutto
The following named Senators voted for The Honorable Jan B. Bromell Holmes:
AdamsAllen Campsen
The following named Senators voted for Turner:
AlexanderBennett Cash
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Whitney B. Harrison:
BauerBeach Bernstein
The following named Representatives voted for The Honorable Jan B. Bromell Holmes:
Anderson Atkinson
Bamberg Brittain Clyburn
Cobb-Hunter Crawford Dillard
Garvin Gilliard Hardee
Hart Hartnett Hayes
Henegan Hewitt Hosey
Howard Jefferson J. L. Johnson
W. Jones Jordan King
Kirby Lowe McDaniel
J. Moore Moss Ott
Rivers Rutherford G. M. Smith
M. M. Smith Thigpen Weeks
Wetmore Wheeler Whitmire
Williams
The following named Representatives voted for Turner:
BaileyBallentine Bannister
Total number of Senators voting 45
Total number of Representatives voting 117
Grand Total 162
Necessary to a choice 82
Of which Whitney B. Harrison received 45
Of which the Honorable Jan B. Bromell Holmes received 55
Of which the Honorable Matthew P. Turner received 62
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Harrison:
DavisGoldfinch Malloy
The following named Senators voted for Holmes:
AdamsAllen Devine
The following named Senators voted for Turner:
AlexanderBennett Campsen
On the motion of Rep. CASKEY with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Harrison:
BlackwellBrewer Bustos
The following named Representatives voted for Holmes:
Anderson Atkinson
Bamberg Bauer Bernstein
Brittain Clyburn Cobb-Hunter
Crawford Dillard Garvin
Gilliard Hart Hartnett
Hayes Henegan Hewitt
Hosey Howard Jefferson
J. L. Johnson W. Jones Jordan
King Kirby Lowe
McDaniel J. Moore Moss
Ott Rivers Rose
Rutherford G. M. Smith M. M. Smith
Stavrinakis Thigpen Weeks
Wetmore Wheeler Whitmire
Williams
The following named Representatives voted for Turner:
BaileyBallentine Bannister
Total number of Senators voting 45
Total number of Representatives voting 115
Grand Total 160
Necessary to a choice 81
Of which Whitney B. Harrison received 30
Of which the Honorable Jan B. Bromell Holmes received 57
Of which the Honorable Matthew P. Turner received 73
Whereupon, the president announced that none of the candidates having received the necessary vote, the joint assembly would proceed to the next ballot.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Whitney B. Harrison was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Holmes:
AdamsAllen Devine
The following named Senators voted for Turner:
AlexanderBennett Campsen
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Holmes:
Anderson Atkinson
Bamberg Bauer Bernstein
Blackwell Brittain Clyburn
Cobb-Hunter Connell Crawford
Dillard Felder Garvin
Gilliard Hart Hartnett
Hayes Henderson-Myers Henegan
Hewitt Hosey Howard
Jefferson J. L. Johnson W. Jones
Jordan King Kirby
Lawson Lowe McDaniel
J. Moore Moss B. Newton
Ott Rivers Rose
Rutherford G. M. Smith Stavrinakis
Thigpen Weeks Wetmore
Wheeler Williams
The following named Representatives voted for Turner:
BaileyBallentine Bannister
Total number of Senators voting 45
Total number of Representatives voting 113
Grand Total 158
Necessary to a choice 80
Of which the Honorable Jan B. Bromell Holmes received 66
Of which the Honorable Matthew P. Turner received 92
Whereupon, the PRESIDENT announced that the Honorable Matthew P. Turner was elected to the position of Judge, Court of Appeals, Seat 9 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 2nd Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Grant Gibbons, David W. Miller and Martha M. Rivers Davisson had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of David W. Miller and the Honorable Grant Gibbons were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Martha M. Rivers Davisson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Martha M. Rivers Davisson was elected to the position of Judge, Circuit Court, 2nd Judicial Circuit, Seat 2 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable S. Bryan Doby, Christopher R. DuRant and Samuel Floyd had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of Christopher R. DuRant and Samuel Floyd were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of S. Bryan Doby in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Honorable S. Bryan Doby was elected to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 1 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Kristi Fisher Curtis had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Kristi Fisher Curtis in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kristi Fisher Curtis was elected to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 4th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Michael S. Holt had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Michael S. Holt in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Michael S. Holt was elected to the position of Judge, Circuit Court, 4th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 5th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that James Smith and Justin T. Williams had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Justin T. Williams was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of James Smith in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Representative Hiott made a motion to recommit the election to the Judicial Merit Selection Committee.
Representative Rose made a Point of Order that the motion was out of order.
The PRESIDENT overruled the Point of Order.
Representative Ott moved to table the motion to recommit the election.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Allen Davis Devine Fanning Goldfinch Harpootlian Hembree Hutto Jackson Johnson, Kevin Malloy Matthews McElveen Rankin Sabb Senn Setzler Stephens Talley Tedder Williams Young
The following named Senators voted in the negative:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Gambrell Garrett Grooms Gustafson Johnson, Michael Kimbrell Loftis Martin McLeod Peeler Reichenbach Rice Shealy Turner Verdin
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Atkinson Ballentine
The following named Representatives voted in the negative:
Bailey Beach Brewer Burns Bustos Calhoon Carter Caskey Chapman Chumley B. J. Cox B. L. Cox Cromer Davis Elliott Forrest Gagnon Gatch Gibson Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McDaniel McGinnis Mitchell A. M. Morgan T. A. Morgan Murphy Neese B. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
Total number of Senators voting 45
Total number of Representatives voting 109
Grand Total 154
Ayes 22
Nays 91
The motion to table the motion to recommit failed.
Representative White moved for a roll call on the motion to recommit the election to the Judicial Merit Selection Commission.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Gambrell Garrett Grooms Gustafson Hembree Johnson, Michael Kimbrell Loftis Martin McLeod Peeler Reichenbach Rice Shealy Turner Verdin
The following named Senators voted in the negative:
Allen Davis Devine Fanning Goldfinch Harpootlian Hutto Jackson Johnson, Kevin Malloy Matthews McElveen Rankin Sabb Senn Setzler Stephens Talley Tedder Williams Young
On the motion of Representative Caskey with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Bailey Bamberg Beach Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley B. J. Cox B. L. Cox Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Haddon Hager Hardee Harris Hartnett Hewitt Hiott Hixon J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McGinnis Mitchell A. M. Morgan T. A. Morgan Murphy Neese B. Newton Nutt O'Neal Oremus Pace Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
The following named Representatives voted against Recommitting:
Atkinson Ballentine
Bannister Bauer Bernstein
Blackwell Clyburn Cobb-Hunter
Collins Dillard Garvin
Gilliard Hart Hayes
Henegan Herbkersman Hosey
Howard Hyde Jefferson
J. L. Johnson W. Jones Kirby
J. Moore Moss Ott
Rivers Rose Rutherford
Stavrinakis Thigpen Weeks
Wetmore Wheeler Williams
Total number of Senators voting 45
Total number of Representatives voting 106
Grand Total 151
Ayes 94
Nays 21
The motion was adopted.
Having voted on the prevailing side, Representative Bamberg moved to reconsider the vote whereby the motion was adopted.
The motion to reconsider failed.
The election was recommitted to the Judicial Merit Selection Commission.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 5th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Daniel McLeod Coble had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Daniel McLeod Coble in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Daniel McLeod Coble was elected to the position of Judge, Circuit Court, 5th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 7th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that J. Derham Cole, Jr. had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of J. Derham Cole, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable J. Derham Cole, Jr. was elected to the position of Judge, Circuit Court, 7th Judicial Circuit, Seat 1 for the term to expire June 30, 2025.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 7th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Grace Gilchrist Knie had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Grace Gilchrist Knie in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Grace Gilchrist Knie was elected to the position of Judge, Circuit Court, 7th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 8th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Eugene Cannon Griffith, Jr. had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Eugene Cannon Griffith, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Eugene Cannon Griffith, Jr. was elected to the position of Judge, Circuit Court, 8th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 9th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Daniel E. Martin, Jr., Thomas J. Rode, the Honorable Dale E. Van Slambrook had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of the Honorable Daniel E. Martin, Jr. and Thomas J. Rode were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Dale E. Van Slambrook in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Van Slambrook:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Matthews McElveen McLeod Peeler Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Van Slambrook:
Bailey Ballentine
Bamberg Bannister Bauer
Beach Bernstein Blackwell
Brewer Brittain Burns
Bustos Calhoon Carter
Caskey Chapman Chumley
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
Henderson-Myers Henegan Herbkersman
Hewitt Hiott Hixon
Hosey Hyde Jefferson
J. E. Johnson S. Jones W. Jones
Jordan Kilmartin Kirby
Landing Lawson Leber
Ligon Long Lowe
Magnuson May McCabe
McCravy McGinnis Mitchell
J. Moore T. Moore A. M. Morgan
T. A. Morgan Moss Murphy
Neese B. Newton W. Newton
Nutt O'Neal Oremus
Ott Pace Pedalino
Pope Robbins Rose
Rutherford Sandifer Schuessler
Sessions G. M. Smith M. M. Smith
Stavrinakis Taylor Thigpen
Trantham Vaughan Weeks
West Wetmore Wheeler
Whitmire Williams Willis
Wooten Yow
Total number of Senators voting 41
Total number of Representatives voting 110
Grand Total 151
Necessary to a choice 76
Ayes 151
Nays 0
Whereupon, the PRESIDENT announced that the Honorable Dale E. Van Slambrook was elected to the position of Judge, Circuit Court, 9th Judicial Circuit, Seat 4, for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 10th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable R. Scott Sprouse had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable R. Scott Sprouse in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable R. Scott Sprouse was elected to the position of Judge, Circuit Court, 10th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable William Paul Keesley had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable William Paul Keesley in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William Paul Keesley was elected to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 1 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Walton J. McLeod IV had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Walton J. McLeod IV in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Walton J. McLeod, IV was elected to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 12th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Michael G. Nettles had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Michael G. Nettles in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Michael G. Nettles was elected to the position of Judge, Circuit Court, 12th Judicial Circuit, Seat 1 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 13th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Jessica Ann Salvini had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Jessica Ann Salvini in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jessica Ann Salvini was elected to the position of Judge, Circuit Court, 13th Judicial Circuit, Seat 2 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 13th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Vernon F. Dunbar, Ken Gibson and Will Grove had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of Ken Gibson and Will Grove were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Vernon F. Dunbar in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Vernon F. Dunbar was elected to the position of Judge, Circuit Court, 13th Judicial Circuit, Seat 4 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 14th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Robert Bonds had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Robert Bonds in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert Bonds was elected to the position of Judge, Circuit Court, 14th Judicial Circuit, Seat 1 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 14th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Marvin Dukes III had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Marvin Dukes III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Marvin Dukes III was elected to the position of Judge, Circuit Court, 14th Judicial Circuit, Seat 3 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 15th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that David Pierce Caraker, Jr., Joshua D. Holford and Douglas M. Zayicek had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of Joshua D. Holford and Douglas M. Zayicek were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of David Pierce Caraker, Jr. in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
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 Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
The following named Senators voted present:
Martin
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Caraker:
Atkinson Bailey
Ballentine Bamberg Bannister
Bauer Beach Bernstein
Blackwell 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 McGinnis Mitchell
J. Moore T. Moore A. M. Morgan
T. A. Morgan Moss Murphy
Neese B. Newton W. Newton
Nutt O'Neal Oremus
Ott Pace Pedalino
Pope Rivers Robbins
Rose Rutherford Sandifer
Schuessler Sessions G. M. Smith
M. M. Smith Stavrinakis Taylor
Thigpen Trantham Vaughan
Weeks West Wetmore
Wheeler Whitmire Williams
Willis Wooten Yow
Total number of Senators voting 44
Total number of Representatives voting 117
Grand Total 161
Necessary to a choice 81
Of which Caraker received 161
Whereupon, the PRESIDENT announced that the Honorable David Pierce Caraker, Jr. was elected to the position of Judge, Circuit Court, 15th Judicial Circuit, Seat 3 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, at-large, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Daniel J. Ballou and William C. McMaster III had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Daniel J. Ballou was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of William C. McMaster III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William C. McMaster III was elected to the position of Judge, Circuit Court, at-large, Seat 4 for the term to expire June 30, 2027.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, at-large, Seat 8.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Kimberly V. Barr, T. William "Billy" McGee III, William Vickery Meetze had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of William Vickery Meetze and Kimberly V. Barr were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of T. William "Billy" McGee III in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable T. William "Billy" McGee III was elected to the position of Judge, Circuit Court, at-large, Seat 8 for the term to expire June 30, 2027.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, at-large, Seat 11.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Joseph Bias, the Honorable Russell D. Hilton and the Honorable Milton G. Kimpson had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Joseph Bias was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Hilton:
Adams Bennett Campsen Cash Climer Corbin Cromer Garrett Grooms Gustafson Johnson, Michael Kimbrell Loftis Reichenbach Rice Verdin Young
The following named Senators voted for Kimpson:
Alexander Allen Davis Devine Fanning Gambrell Goldfinch Harpootlian Hembree Hutto Jackson Johnson, Kevin Malloy Martin Matthews McElveen McLeod Peeler Rankin Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Williams
On the motion of Representative Caskey, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Hilton:
Beach Burns Bustos Calhoon Carter Chapman Chumley B. J. Cox B. L. Cox Cromer Davis Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hager Hardee Harris Hartnett Hiott Jefferson S. Jones Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese Nutt Oremus Pace Robbins Sandifer Schuessler Sessions M. M. Smith Trantham Vaughan West Whitmire Wooten
The following named Representatives voted for Kimpson:
Atkinson Bailey
Ballentine Bamberg Bannister
Bauer Bernstein Blackwell
Brittain Caskey Clyburn
Cobb-Hunter Connell Dillard
Erickson Felder Garvin
Gilliard Hart Hayes
Henderson-Myers Henegan Herbkersman
Hewitt Hixon Hosey
Howard Hyde J. E. Johnson
J. L. Johnson W. Jones Jordan
King Kirby Lowe
McDaniel McGinnis J. Moore
Moss B. Newton W. Newton
Ott Pedalino Pope
Rivers Rose Rutherford
G. M. Smith Stavrinakis Taylor
Thigpen Weeks Wetmore
Wheeler Williams Willis
Total number of Senators voting 45
Total number of Representatives voting 111
Grand Total 156
Necessary to a choice 79
Of which Hilton received 71
Of which Kimpson received 85
Whereupon, the PRESIDENT announced that the Honorable Milton G. Kimpson was elected to the position of Judge, Circuit Court, at-large, Seat 11 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, at-large, Seat 16.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Riley Maxwell, Charles J. McCutchen and Jane H. Merrill had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of Riley Maxwell and Jane H. Merrill were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Charles J. McCutchen in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Charles J. McCutchen was elected to the position of Judge, Circuit Court, at-large, Seat 16 for the term to expire June 30, 2025.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 1st Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Jerrod A. Anderson and Deanne M. Gray had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Deanne M. Gray was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Jerrod A. Anderson in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jerrod A. Anderson was elected to the position of Judge, Family Court, 1st Judicial Circuit, Seat 4 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 7th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Pete G. Diamaduros and Jonathan W. Lounsberry had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Jonathan W. Lounsberry was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Pete G. Diamaduros in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Pete G. Diamaduros was elected to the position of Judge, Family Court, 7th Judicial Circuit, Seat 4 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Blakely Copeland Cahoon had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Blakely Copeland Cahoon in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Blakely Copeland Cahoon was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat 4 for the term to expire June 30, 2025.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat 6.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Gina J. McAlbany had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Gina J. McAlbany in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Gina J. McAlbany was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat 6 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 10th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that David J. Brousseau and Heather Vry Sealzo had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Heather Vry Sealzo was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of David J. Brousseau in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable David J. Brousseau was elected to the position of Judge, Family Court, 10th Judicial Circuit, Seat 1 for the term to expire June 30, 2025.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 16th Judicial Circuit, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Sammy Diamaduros had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Sammy Diamaduros in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Sammy Diamaduros was elected to the position of Judge, Family Court, 16th Judicial Circuit, Seat 1 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 16th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that R. Chadwick (Chad) Smith and Erin K. Urquhart had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Erin K. Urquhart was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of R. Chadwick (Chad) Smith in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable R. Chadwick (Chad) Smith was elected to the position of Judge, Family Court, 16th Judicial Circuit, Seat 3 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat 1.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Ralph K. Anderson III had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Ralph K. Anderson III in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Ralph K. Anderson III was elected to the position of Judge, Administrative Law Court, Seat 1 for the term to expire June 30, 2024.
Immediately following the election of Judges, the PRESIDENT announced that the Joint Assembly would proceed to the election of the Boards of Colleges and University Trustees and the South Carolina Department of Employment and Workforce Appellate Panel.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat 3.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Derrick L. Williams had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Derrick L. Williams was elected to a position on the Board of Trustees for the College of Charleston, 2nd Congressional District, Seat 3 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat 5.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Shawn M. Holland had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Shawn M. Holland was elected to a position on the Board of Trustees for the College of Charleston, 3rd Congressional District, Seat 5 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat 7.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Matthew C. Klein had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Matthew C. Klein was elected to a position on the Board of Trustees for the College of Charleston, 4th Congressional District, Seat 7 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat 9.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Henry A. Futch, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Henry A. Futch, Jr. was elected to a position on the Board of Trustees for the College of Charleston, 5th Congressional District, Seat 9 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat 11.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Darryl J. Fyall a had been screened and found qualified to serve and placed his names in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Darryl J. Fyall was elected to a position on the Board of Trustees for the College of Charleston, 6th Congressional District, Seat 11 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat 13.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Henrietta U. Golding and Ashley B. Nance had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Whitmire, with unanimous consent, the name of Ashley B. Nance was withdrawn from consideration.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Henrietta U. Golding was elected to a position on the Board of Trustees for the College of Charleston, 7th Congressional District, Seat 13 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, at-large, Seat 15.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Renee B. Romberger had been screened and found qualified to serve and placed her name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Renee B. Romberger was elected to a position on the Board of Trustees for the College of Charleston, at-large, Seat 15 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the College of Charleston, at-large, Seat 17.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Steve D. Swanson had been screened and found qualified to serve and placed his names in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Steve D. Swanson was elected to a position on the Board of Trustees for the College of Charleston, at-large, Seat 17 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 1st Congressional District, Seat 1.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mark S. Moore had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mark S. Moore was elected to a position on the Board of Trustees for the Francis Marion University, 1st Congressional District, Seat 1 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 2nd Congressional District, Seat 2.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Beth G. Bauknight had been screened and found qualified to serve and placed her name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Beth G. Bauknight was elected to a position on the Board of Trustees for the Francis Marion University, 2nd Congressional District, Seat 2 for the term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, 5th Congressional District, Seat 5.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that H. Paul Dove, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Paul Dove, Jr. was elected to a position on the Board of Trustees for the Francis Marion University, 5th Congressional District, Seat 5 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, at-large position, Seat 8.
Representative Whitmire, Chairman of the Committee Screen Candidates for State Colleges and Universities, indicated that Robert E. Lee had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert E. Lee was elected to a position on the Board of Trustees for Francis Marion University, at-large position, Seat 8 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, at-large position, Seat 10.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Kenneth W. Jackson had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Kenneth W. Jackson was elected to a position on the Board of Trustees for Francis Marion University, at-large position, Seat 10 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, at-large position, Seat 12.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that W. Edward Gunn had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable W. Edward Gunn was elected to a position on the Board of Trustees for Francis Marion University, at-large position, Seat 12 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Francis Marion University, at-large position, Seat 13.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Patricia C. Hartung had been screened and found qualified to serve and placed her name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Patricia C. Hartung was elected to a position on the Board of Trustees for Francis Marion University, at-large position, Seat 13 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat 9.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Mark W. Taylor had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Mark W. Taylor was elected to a position on the Board of Trustees for Lander University, 1st Congressional District, Seat 9 for a term to expire June 30, 2024.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 1st Congressional District, Medical Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Donald R. Johnson II had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Donald R. Johnson II was elected to a position on the Board of Trustees for the Medical University of South Carolina, 1st Congressional District, Medical Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District, Medical Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that James Lemon had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James Lemon was elected to a position on the Board of Trustees for the Medical University of South Carolina, 2nd Congressional District, Medical Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 3rd Congressional District, Medical Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Richard M. Christian, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Richard M. Christian, Jr. was elected to a position on the Board of Trustees for the Medical University of South Carolina, 3rd Congressional District, Medical Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District, Lay Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Thomas L. Stephenson had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas L. Stephenson was elected to a position on the Board of Trustees for the Medical University of South Carolina, 4th Congressional District, Lay Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 5th Congressional District, Lay Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Terri R. Barnes had been screened and found qualified to serve and placed her name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Terri R. Barnes was elected to a position on the Board of Trustees for the Medical University of South Carolina, 5th Congressional District, Lay Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District, Medical Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that W. Melvin Brown III had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable W. Melvin Brown III was elected to a position on the Board of Trustees for the Medical University of South Carolina, 6th Congressional District, Medical Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for the Medical University of South Carolina, 7th Congressional District, Lay Seat.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that James A. Battle, Jr. had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable James A. Battle, Jr. was elected to a position on the Board of Trustees for the Medical University of South Carolina, 7th Congressional District, Lay Seat for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for S.C. State University, 5th Congressional District, Seat 5.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Abigail Busby-Webb, Darrell Johnson and Thomas E. Thompson had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Whitmire, with unanimous consent, the name of Thomas E. Thompson was withdrawn from consideration.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Busby-Webb:
AlexanderDevine Grooms
The following named Senators voted for Johnson:
AllenBennett Climer
On the motion of Representative Whitmire with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Busby-Webb:
FelderGagnon Lowe
The following named Representatives voted for Johnson:
Bailey Ballentine
Bamberg Bannister Bauer
Beach Bernstein Blackwell
Brewer Burns Bustos
Calhoon Carter Chapman
Chumley Clyburn Cobb-Hunter
Collins Connell B. J. Cox
B. L. Cox Crawford Cromer
Davis Dillard Elliott
Erickson Forrest Garvin
Gibson Gilliard Guest
Guffey Hager Hardee
Hartnett Hayes Henderson-Myers
Henegan Herbkersman Hewitt
Hiott Hixon Hosey
Howard Hyde Jefferson
J. E. Johnson J. L. Johnson W. Jones
Kilmartin King Kirby
Landing Lawson Leber
Ligon Long Magnuson
McCravy McDaniel McGinnis
Mitchell J. Moore T. Moore
A. M. Morgan T. A. Morgan Moss
Murphy B. Newton Nutt
Oremus Ott Pace
Pope Rivers Rose
Rutherford Sandifer Schuessler
Sessions M. M. Smith Stavrinakis
Taylor Thigpen Vaughan
West Whitmire Williams
Wooten Yow
Total number of Senators voting 32
Total number of Representatives voting 101
Grand Total 133
Necessary to a choice 67
Of which Busby-Webb received 20
Of which Johnson received 113
Whereupon, the PRESIDENT announced that the Honorable Darrell Johnson was elected to a position on the Board of Trustees for S.C. State University, 5th Congressional District, Seat 5 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for S.C. State University, 7th Congressional District, Seat 7.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Starlee Alexander had been screened and found qualified to serve and placed her name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Starlee Alexander was elected to a position on the Board of Trustees for S.C. State University, 7th Congressional District, Seat 7 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for S.C. State University, at-large, Seat 9.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Rodney C. Jenkins had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Rodney C. Jenkins was elected to a position on the Board of Trustees for S.C. State University, at-large, Seat 9 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for S.C. State University, at-large, Seat 11.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Robert S. Reese had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert S. Reese was elected to a position on the Board of Trustees for S.C. State University, at-large, Seat 11 for a term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to a position on the Board of Trustees for Winthrop University, 4th Congressional District, Seat 4.
Representative Whitmire, Chairman of the Committee to Screen Candidates for State Colleges and Universities, indicated that Edward R. Driggers had been screened and found qualified to serve and placed his name in nomination.
Representative Whitmire moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Edward R. Driggers was elected to a position on the Board of Trustees for Winthrop University, 4th Congressional District, Seat 4 for a term to expire June 30, 2028.
The PRESIDENT announced that elections were in order to elect three individuals to the South Carolina Department of Employment and Workforce Appellate Panel.
Representative Hardee, on behalf of the Committee to Screen Candidates for the South Carolina Department of Employment and Workforce Appellate Panel, indicated that Evelyn B. Ayers, had been screened and found qualified to serve.
On motion of Representative Hardee, the name of Evelyn B. Ayers, was placed in nomination.
Representative Hardee moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Evelyn B. Ayers was elected to a position on the South Carolina Department of Employment and Workforce Appellate Panel, Seat 1 for the term to expire July 1, 2028.
The PRESIDENT announced that elections were in order to elect three individuals to the South Carolina Department of Employment and Workforce Appellate Panel.
Representative Hardee, on behalf of the Committee to Screen Candidates for the South Carolina Department of Employment and Workforce Appellate Panel, indicated that Stephen S. Kelly III had been screened and found qualified to serve.
On motion of Representative Hardee, the name of Stephen S. Kelly III was placed in nomination.
Representative Hardee moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Stephen S. Kelly III was elected to a position on the South Carolina Department of Employment and Workforce Appellate Panel, Seat 2 for the term to expire July 1, 2028.
The PRESIDENT announced that elections were in order to elect three individuals to the South Carolina Department of Employment and Workforce Appellate Panel.
Representative Hardee, on behalf of the Committee to Screen Candidates for the South Carolina Department of Employment and Workforce Appellate Panel, indicated that Daniel C. Beach had been screened and found qualified to serve.
On motion of Representative Hardee, the name of Daniel C. Beach was placed in nomination.
Representative Hardee moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Daniel C. Beach was elected to a position on the South Carolina Department of Employment and Workforce Appellate Panel, Seat 3 for the term to expire July 1, 2028.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 2:34 P.M., by prior motion of Senator HEMBREE, the Senate receded until 3:05 P.M.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Cash Climer Corbin Cromer Devine Fanning Gambrell Garrett Goldfinch Harpootlian Hembree Hutto Jackson Martin Matthews McElveen McLeod Peeler Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, York County Magistrate, with the term to commence April 30, 2024, and to expire April 30, 2028
Telisha Hoffman, 48 Catawba Ridge Road, Lake Wylie, SC 29710-8915
The following were received:
Document No. 5191
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 2022 Act No. 119, Section 5, effective January 27, 2022
SUBJECT: Solid Waste Management Regulation (Solar Projects)
Received by President of the Senate January 9, 2024
Referred to Medical Affairs Committee
Legislative Review Expiration May 8, 2024
Withdrawn and Resubmitted April 17, 2024
Document No. 5200
Agency: Department of Health and Environmental Control
Chapter: 30
Statutory Authority: 1976 Code Sections 48-39-10, et seq.
SUBJECT: Statement of Policy; Applying for a Permit; General Guidelines for All Critical Areas; and Specific Project Standards for Beaches and the Beach/Dune System
Received by President of the Senate January 9, 2024
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 8, 2024
Withdrawn and Resubmitted April 16, 2024
Senator REICHENBACH introduced Dr. Joseph Hoyle of Florence, S.C., Doctor of the Day.
On motion of Senator HEMBREE, at 11:55 A.M., Senator MASSEY was granted a leave of absence for today.
On motion of Senator ADAMS, at 4:40 P.M., Senator KIMBRELL was granted a leave of absence for the balance of the day.
On motion of Senator CROMER, at 5:54 P.M., Senator CAMPSEN was granted a leave of absence for the balance of the day.
On motion of Senator STEPHENS, at 5:54 P.M., Senators K. JOHNSON and SABB and was granted a leave of absence for the balance of the day.
On motion of Senator STEPHENS, with unanimous consent, Senators MATTHEWS were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.
On motion of Senator RICE, at 5:54 P.M., Senator SENN was granted a leave of absence for the balance of the day.
On motion of Senator VERDIN, at 5:54 P.M., Senator GROOMS was granted a leave of absence for the balance of the day.
On motion of Senator CLIMER, at 5:54 P.M., Senator GAMBRELL was granted a leave of absence for the balance of the day.
On motion of Senator HEMBREE, at 5:54 P.M., Senators TURNER and TALLEY were granted a leave of absence for the balance of the day.
On motion of Senator GOLDFINCH, at 5:59 P.M., Senator RANKIN was granted a leave of absence for the balance of the day.
Senator PEELER rose for an Expression of Personal Interest.
Senator RANKIN rose for an Expression of Personal Interest.
Senator HARPOOTLIAN rose for an Expression of Personal Interest.
The following co-sponsor was added to the respective Bill:
S. 975 (Word version) Sen. Loftis
The following were introduced:
S. 1261 (Word version) -- Senator Tedder: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CHARLESTON NATIVE DR. KAREN WRIGHT-CHISOLM FOR HER LEADERSHIP OF A GLOBAL ORGANIZATION, AND TO COMMEND HER ELECTION AS THE IMPERIAL COMMANDRESS OF THE IMPERIAL COURT, AUXILIARY OF THE ANCIENT EGYPTIAN ARABIC ORDER OF THE NOBLES MYSTIC SHRINE.
lc-0704wab-gm24.docx
The Senate Resolution was adopted.
S. 1262 (Word version) -- Senator K. Johnson: A SENATE RESOLUTION TO CONGRATULATE WILLIE WHITE OF CLARENDON COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
lc-0705wab-gm24.docx
The Senate Resolution was adopted.
S. 1263 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF LULA GOODSON DANIELS OF RICHLAND COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.
lc-0327ha-gm24.docx
The Senate Resolution was adopted.
S. 1264 (Word version) -- Senators Grooms, McElveen, Goldfinch, Fanning, Young and Matthews: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO ELECTIVE OFFICES, SO AS TO PROVIDE THAT THE STATE TREASURER BE APPOINTED BY THE GOVERNOR; AND PROPOSING AN AMENDMENT TO SECTION 12, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO DISABILITY OF THE GOVERNOR, SO AS TO REMOVE THE STATE TREASURER AS AN OFFICER WHO, ALONG WITH OTHER OFFICERS, MAY CAUSE THE GOVERNOR TO BE REMOVED FROM OFFICE.
lc-0392dg24.docx
Read the first time and referred to the Committee on Judiciary.
S. 1265 (Word version) -- Senator Talley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-2000 SO AS TO PROVIDE DEFINITIONS FOR "HEALTHCARE PRACTITIONER" AND "NON-OPIOID TREATMENT"; BY ADDING SECTION 44-53-2010 SO AS TO PROVIDE THAT HEALTHY CONNECTIONS MEDICAID MAY ADOPT OR AMEND A STATE PREFERRED DRUG LIST AND SHALL ENSURE THAT NO NON-OPIOID DRUG APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OR MANAGEMENT OF PAIN IS DISADVANTAGED OR DISCOURAGED; BY ADDING SECTION 44-53-2020 SO AS TO PROVIDE THAT A MANAGED CARE ORGANIZATION OR OTHER HEALTH INSURANCE ISSUER SHALL NOT DENY COVERAGE OF THE NON-OPIOID PRESCRIPTION DRUG IN FAVOR OF AN OPIOID PRESCRIPTION DRUG; BY ADDING SECTION 44-53-2030 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH SHALL DEVELOP AND PUBLISH AN EDUCATIONAL PAMPHLET REGARDING THE USE OF NON-OPIOID ALTERNATIVES FOR PAIN TREATMENT; BY ADDING SECTION 44-53-2040 SO AS TO PROVIDE THAT, EXCEPT IN THE PROVISION OF EMERGENCY SERVICES AND CARE BEFORE PROVIDING ANESTHESIA, PRIOR TO PRESCRIBING, ORDERING, DISPENSING, OR ADMINISTERING AN OPIOID DRUG LISTED AS A SCHEDULE II CONTROLLED SUBSTANCE FOR THE TREATMENT OF PAIN, A HEALTHCARE PRACTITIONER SHALL INFORM THE PATIENT OF AVAILABLE NON-OPIOID ALTERNATIVES, DISCUSS THE ADVANTAGES AND DISADVANTAGES OF THE USE OF NON-OPIOID ALTERNATIVES, AND PROVIDE THE PATIENT WITH THE EDUCATIONAL PAMPHLET AND DOCUMENT THE NON-OPIOID ALTERNATIVES CONSIDERED IN THE PATIENT"S RECORD.
sr-0677km24.docx
Read the first time and referred to the Committee on Medical Affairs.
S. 1266 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO PAYMENT OF COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 5266, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
lc-0708wab-rt24.docx
Read the first time and ordered placed on the Calendar without reference.
S. 1267 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 17 FROM 8TH AVENUE NORTH TO STARWATCH DRIVE IN HORRY COUNTY "GEORGE RAYFORD VEREEN HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
sr-0691km-hw24.docx
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 1268 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 315 IN JASPER COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 170 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 "BISHOP DELORIS M. YOUNG HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
lc-0589cm-gt24.docx
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
S. 1269 (Word version) -- Senator Fanning: A SENATE RESOLUTION TO CONGRATULATE THE YORK COMPREHENSIVE HIGH SCHOOL BOYS STRENGTH TEAM ON CAPTURING THE 2023-2024 SCHSSCA CLASS AAAA STATE CHAMPIONSHIP TITLE AND TO CELEBRATE THE GIRLS STRENGTH TEAM ON WINNING FOUR INDIVIDUAL STATE TITLES AT THEIR 2023-2024 STATE CHAMPIONSHIP MEET.
lc-0442hdb-rm24.docx
The Senate Resolution was adopted.
S. 1270 (Word version) -- Senators Rice and Alexander: A SENATE RESOLUTION TO CONGRATULATE THE 2024 SOUTH CAROLINA ENTERTAINMENT AND MUSIC HALL OF FAME INDUCTEES.
sr-0680km-vc24.docx
The Senate Resolution was adopted.
S. 1271 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO RECOGNIZE APRIL 18, 2024 AS "SHAG DAY" IN SOUTH CAROLINA.
sr-0687km-vc24.docx
The Senate Resolution was adopted.
S. 1272 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM AND COACHES AND TO CONGRATULATE THEM FOR THEIR AMAZING WIN IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S 2024 NATIONAL CHAMPIONSHIP.
lc-0706wab-ar24.docx
The Senate Resolution was adopted.
S. 1273 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROBIN WAITES, EXECUTIVE DIRECTOR OF HISTORIC COLUMBIA, UPON THE OCCASION OF HER RETIREMENT AFTER A DISTINGUISHED CAREER OF MORE THAN TWENTY-FIVE YEARS IN THE FIELD OF MUSEUMS AND HISTORIC PRESERVATION AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
lc-0600cm-gt24.docx
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5387 (Word version) -- Rep. Rutherford: A BILL TO PROVIDE FOR THE OPERATION OF PERSONAL DELIVERY DEVICES IN RICHLAND COUNTY.
lc-0587cm24.docx
Read the first time and referred to the Committee on Transportation.
H. 5395 (Word version) -- Reps. B. Newton, Mitchell, Yow and Neese: A BILL TO AMEND ACT 879 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE LANCASTER COUNTY NATURAL GAS AUTHORITY, SO AS TO CLARIFY PER DIEM PROVISIONS APPLICABLE TO MEMBERS OF THE BOARD OF DIRECTORS AND TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO THE MUNICIPALITIES SERVED BY THE AUTHORITY AND TO PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES.
lc-0405ph24.docx
Read the first time and ordered placed on the Local and Uncontested Calendar.
Senator GROOMS from the Committee on Transportation 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.
Senator GROOMS from the Committee on Transportation submitted a favorable report on:
H. 4673 (Word version) -- Reps. Erickson, Gilliam, Williams and Henegan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-50, RELATING TO BEGINNERS' PERMITS, HOURS AND CONDITIONS OF VEHICLE OPERATION, RENEWAL AND FEES, DRIVERS' TRAINING COURSES, AND ELIGIBILITY FOR FULL LICENSURE, SO AS TO EXEMPT ADDITIONAL PERSONS FROM OBTAINING BEGINNERS' PERMITS BEFORE OPERATING MOTOR VEHICLES, AND TO PROVIDE PERSONS AT LEAST EIGHTEEN YEARS OLD MAY TAKE THE DRIVING TEST AFTER MAINTAINING A BEGINNERS' PERMIT FOR AT LEAST THIRTY DAYS.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable report on:
H. 4819 (Word version) -- Reps. Felder, Bernstein and Calhoon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-3-1960, RELATING IN PART TO PARKING PLACARDS FOR HANDICAPPED PERSONS, SO AS TO ALLOW APPLICANTS FOR HANDICAPPED PARKING PLACARDS TO PROVIDE A PHOTOGRAPH FOR THE PLACARD SUBJECT TO THE DEPARTMENT OF MOTOR VEHICLE'S APPROVAL.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Finance submitted a favorable with amendment report on:
H. 5100 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2024, 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.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Finance submitted a favorable with amendment report on:
H. 5101 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2023-2024, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
Reappointment, Chief of the South Carolina Law Enforcement Division, with the term to commence January 31, 2018, and to expire January 31, 2024
Mark A. Keel, 440 Broad River Road, Columbia, SC 29210-4012
Received as information.
Reappointment, Director of Department of Public Safety, with the term to commence February 1, 2024, and to expire February 1, 2028
Robert G. Woods IV, Director, South Carolina Department of Public Safety, PO Box 1993, Blythewood, SC 29016-1993
Received as information.
S. 1257 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROBERT G. ANDERSON, JAMES L. SOLOMON, JR., AND HENRIE MONTEITH TREADWELL, WHOSE COURAGE AND RESOLVE ON SEPTEMBER 11, 1963, OPENED WIDE THE DOORS OF EDUCATIONAL OPPORTUNITY FOR ALL STUDENTS OF COLOR AT THE STATE'S FLAGSHIP UNIVERSITY, AN HISTORIC EVENT NOW MEMORIALIZED BY THE INSTALLATION ON THE UNIVERSITY'S HISTORIC HORSESHOE OF A MONUMENT DEPICTING THE THREE STUDENTS.
Returned with concurrence.
Received as information.
S. 1258 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR HENRY S. REEDER FOR A LIFETIME OF SERVICE TO HIS COMMUNITY.
Returned with concurrence.
Received as information.
S. 1259 (Word version) -- Senator Talley: A CONCURRENT RESOLUTION TO CONGRATULATE AFL ON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO WISH THE COMPANY MUCH CONTINUED SUCCESS IN THE YEARS AHEAD.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
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. 5231 (Word version) -- Rep. Bamberg: A BILL TO AMEND ACT 104 OF 2021, RELATING TO THE ESTABLISHMENT OF THE CONSOLIDATED BAMBERG COUNTY SCHOOL DISTRICT AND ITS NINE MEMBER BOARD OF TRUSTEES, SO AS TO PROVIDE THAT SEVEN MEMBERS OF THE BOARD ARE TO BE ELECTED FROM SINGLE-MEMBER DISTRICTS WHICH CORRESPOND WITH THE BAMBERG COUNTY COUNCIL DISTRICTS, AND TWO ADDITIONAL MEMBERS ARE TO BE ELECTED FROM THE COUNTY AT-LARGE.
On motion of Senator HUTTO.
S. 154 (Word version) -- Senators Young, Senn and Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STREET GANG AND CRIMINAL ENTERPRISE PREVENTION AND ANTI-RACKETEERING ACT"; BY AMENDING ARTICLE 3 OF CHAPTER 8, TITLE 16, RELATING TO THE CRIMINAL GANG PREVENTION ACT, SO AS TO RETITLE THE ARTICLE, REVISE THE DEFINITIONS FOR PURPOSES OF THE ARTICLE, AND RESTRUCTURE THE ARTICLE AND THE OFFENSES AND PENALTIES CONTAINED WITHIN IT; AND BY ADDING ARTICLE 5 TO CHAPTER 8, TITLE 16 SO AS TO CREATE ANTI-RACKETEERING PROVISIONS TO COMPLIMENT THE REVISED STREET GANG AND CRIMINAL ENTERPRISE PREVENTION ARTICLE, DEFINE NECESSARY TERMS, AND CREATE VARIOUS RACKETEERING OFFENSES AND ESTABLISH PENALTIES FOR VIOLATIONS.
On motion of Senator YOUNG, the Bill was carried over.
S. 266 (Word version) -- Senators Hutto, Jackson, Shealy, Devine, McLeod, Allen and Tedder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-19-820, RELATING TO OUT-OF-HOME PLACEMENT, SO AS TO ELIMINATE THE EXCEPTION FOR CHILDREN TO BE TRIED AS AN ADULT AND TO DECREASE THE LENGTH OF TIME THAT A CHILD MAY BE HELD IN A JUVENILE DETENTION FACILITY FOR COMMITTING A STATUS OFFENSE OR FOR VIOLATING A RELATED COURT ORDER; BY AMENDING SECTION 63-19-1020, RELATING TO INSTITUTING PROCEEDINGS, SO AS TO REQUIRE THAT THE CHILD AND HIS FAMILY SEEK COUNSELING WHEN THE STATUS OFFENSE IS OF INCORRIGIBILITY; BY AMENDING SECTION 63-19-1440, RELATING TO COMMITMENT, SO AS TO DISTINGUISH BETWEEN STATUS AND CRIMINAL OFFENSES AND TO CHANGE THE REQUIREMENTS FOR COURT ORDERS; BY AMENDING SECTION 63-19-1810, RELATING TO DETERMINATION OF RELEASE, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-19-2050, RELATING TO PETITION FOR EXPUNGEMENT OF OFFICIAL RECORDS, SO AS TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 63-19-2050, RELATING TO PETITION FOR EXPUNGEMENT OF OFFICIAL RECORDS, SO AS TO PROVIDE FOR THE AUTOMATIC EXPUNGEMENT OF A JUVENILE'S RECORDS FOR STATUS OFFENSES, WITH EXCEPTIONS.
On motion of Senator CORBIN, the Bill was carried over.
S. 165 (Word version) -- Senators Climer and Allen: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING TITLE 1, CHAPTER 40, RELATING TO BOARD REGULATION OF PROFESSIONS AND OCCUPATIONS, BY ADDING SECTION 40-1-75, SO AS TO PROVIDE THAT PROFESSIONAL BOARDS AND COMMISSIONS MAY NOT SOLELY DENY A LICENSE APPLICATION BASED UPON AN APPLICANT'S PRIOR CRIMINAL CONVICTION UNLESS THE CONVICTION IS FOR A CRIME THAT DIRECTLY RELATES TO THE DUTIES AND RESPONSIBILITIES FOR THE SPECIFIC OCCUPATION OR PROFESSIONAL LICENSE BEING SOUGHT; BY ADDING SECTION 40-1-77 SO AS TO PROVIDE FOR LICENSURE BY BOARDS AND COMMISSIONS FOR APPLICANTS WHO COMPLETE CERTAIN APPRENTICESHIP PROGRAMS; AND TO REPEAL SECTION 40-1-140, RELATING TO THE EFFECT OF PRIOR CONVICTIONS ON LICENSE APPLICATIONS FOR PROFESSIONS AND OCCUPATIONS.
On motion of Senator CLIMER, the Bill was recommitted to Committee on Labor, Commerce and Industry.
S. 1117 (Word version) -- Family and Veterans' Services Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO WILDERNESS THERAPEUTIC CAMPS FOR CHILDREN, DESIGNATED AS REGULATION DOCUMENT NUMBER 5232, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator YOUNG, the Resolution was recommitted to Committee on Family and Veterans' Services.
H. 4957 (Word version) -- Reps. Hiott, Erickson, G.M. Smith, Hayes, McGinnis, Rose, Elliott, Alexander, Schuessler, Calhoon, M.M. Smith, Davis, T. Moore, B. Newton, Neese, Oremus, Hixon, Taylor, Guest, Sessions, Guffey, Ballentine, Pope, Willis, Bannister, Kirby, Henegan, Hartnett, Williams, Gilliard and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-158-10, RELATING TO DEFINITIONS CONCERNING INTERCOLLEGIATE ATHLETES' COMPENSATION FOR NAME, IMAGE, OR LIKENESS, SO AS TO REVISE SEVERAL DEFINITIONS; BY AMENDING SECTION 59-158-20, RELATING TO THE AUTHORIZATION OF COMPENSATION FOR USE OF AN INTERCOLLEGIATE ATHLETE'S NAME, IMAGE, OR LIKENESS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE INSTITUTIONS OF HIGHER LEARNING AND CERTAIN AGENTS OF THE INSTITUTIONS MAY ENGAGE IN CERTAIN ACTIONS THAT MAY ENABLE INTERCOLLEGIATE ATHLETES TO EARN COMPENSATION FOR USE OF THE NAME, IMAGE, OR LIKENESS OF THE ATHLETE, AND TO PROVIDE THE INSTITUTIONS ALSO MAY PERMIT INTERCOLLEGIATE ATHLETES TO USE TRADEMARKS AND FACILITIES OF THE INSTITUTION, AMONG OTHER THINGS; BY AMENDING SECTION 59-158-30, RELATING TO THE AFFECTS OF NAME, IMAGE, AND LIKENESS COMPENSATION ON GRANT-IN-AID OR ATHLETIC ELIGIBILITY, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE NAME, IMAGE, OR LIKENESS CONTRACTS MAY NOT EXTEND BEYOND THE INTERCOLLEGIATE ATHLETE'S ELIGIBILITY TO PARTICIPATE IN AN INTERCOLLEGIATE ATHLETICS PROGRAM AT AN INSTITUTION OF HIGHER LEARNING; BY AMENDING SECTION 59-158-40, RELATING TO ALLOWED AND PROHIBITED ACTIONS CONCERNING INTERCOLLEGIATE ATHLETES' NAME, IMAGE, AND LIKENESS-RELATED MATTERS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE LIMITATIONS ON LIABILITY FOR INSTITUTION OF HIGHER LEARNING EMPLOYEES FOR DAMAGES RESULTING FROM CERTAIN ROUTINE DECISIONS MADE IN INTERCOLLEGIATE ATHLETICS, AND TO PROHIBIT CERTAIN CONDUCT BY ATHLETIC ASSOCIATIONS, ATHLETIC CONFERENCES, OR OTHER GROUPS WITH AUTHORITY OVER INTERCOLLEGIATE ATHLETIC PROGRAMS AT PUBLIC INSTITUTIONS OF HIGHER LEARNING; BY AMENDING SECTION 59-158-50, RELATING TO GOOD ACADEMIC STANDING REQUIRED FOR PARTICIPATION IN NAME, IMAGE, AND LIKENESS ACTIVITIES, SO AS TO DELETE EXISTING PROVISIONS AND PROVIDE CERTAIN MATTERS CONCERNING NAME, IMAGE, AND LIKENESS AGREEMENTS MAY NOT BE CONSIDERED PUBLIC RECORDS SUBJECT TO AN EXCEPTION AND MAY NOT BE DISCLOSED TO CERTAIN ENTITIES; BY AMENDING SECTION 59-158-60, RELATING TO DISCLOSURE OF NAME, IMAGE, OR LIKENESS CONTRACTS AND THIRD-PARTY ADMINISTRATORS, SO AS TO DELETE EXISTING LANGUAGE AND PROVIDE FOR THE RESOLUTION OF CONFLICTS BETWEEN CERTAIN PROVISIONS OF THIS ACT AND PROVISIONS IN THE UNIFORM ATHLETE AGENTS ACT OF 2018, AND TO PROVIDE ATHLETE AGENTS SHALL COMPLY WITH CERTAIN FEDERAL REQUIREMENTS; BY AMENDING SECTION 59-102-20, RELATING TO DEFINITIONS IN THE UNIFORM ATHLETE AGENTS ACT OF 2018, SO AS TO REVISE THE DEFINITION OF "ATHLETE AGENT"; BY AMENDING SECTION 59-102-100, RELATING TO AGENCY CONTRACTS, SO AS TO REMOVE A PROVISION CONCERNING COMPENSATION; BY REPEALING SECTION 59-158-70 RELATING TO DISCLOSURES AND LIMITATIONS IN NAME, IMAGE, OR LIKENESS CONTRACTS AND REVOCATION PERIODS FOR SUCH CONTRACTS; AND BY REPEALING SECTION 59-158-80 RELATING TO GOVERNING LAW AND FEDERAL COMPLIANCE CONTRACTS.
On motion of Senator MALLOY, the Bill was carried over.
S. 1215 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO INDIVIDUAL ANTLERLESS DEER TAGS, ANTLERLESS DEER LIMITS FOR PRIVATE LANDS IN GAME ZONES 1-4, AND YOUTH DEER HUNTING DAY, DESIGNATED AS REGULATION DOCUMENT NUMBER 5260, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator CAMPSEN, the Resolution was recommitted to Committee on Fish, Game and Forestry.
S. 1216 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO TURKEY HUNTING RULES AND SEASONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator CAMPSEN, the Resolution was recommitted to Committee on Fish, Game and Forestry.
S. 1217 (Word version) -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO RULES AND REGULATIONS GOVERNING THE ISSUANCE OF DEER DEPREDATION PERMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5250, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator CAMPSEN, the Resolution was recommitted to Committee on Fish, Game and Forestry.
H. 4029 (Word version) -- Reps. Dillard, Hyde, Bailey, Brittain, Weeks and Schuessler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 33-1-103, RELATING TO DESIGNATION OF REPRESENTATION IN MAGISTRATES COURT, SO AS TO INCLUDE HOUSING AUTHORITIES.
On motion of Senator CORBIN, the Bill was carried over.
S. 1158 (Word version) -- Senator Massey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-23-500, RELATING TO THE UNLAWFUL POSSESSION OF A FIREARM BY A PERSON CONVICTED OF A VIOLENT OFFENSE, SO AS TO PROVIDE THAT THE VIOLATIONS SUBSEQUENT TO THE FIRST VIOLATION MUST OCCUR WITHIN TWENTY YEARS OF THE FIRST OFFENSE TO QUALIFY FOR GRADUATED PENALTIES; BY AMENDING SECTION 16-23-420, RELATING TO THE POSSESSION OF A FIREARM ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT EXPRESS AUTHORIZATION TO CARRY THE FIREARM ON SCHOOL PROPERTY MAY NOT BE PROVIDED TO A STUDENT ENROLLED IN A PUBLIC SCHOOL; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING A WEAPON ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT STUDENTS ENROLLED IN A PUBLIC SCHOOL MAY NOT POSSESS WEAPONS EVEN IF THEY ARE SECURED WITHIN A VEHICLE; BY AMENDING SECTION 23-31-245, RELATING TO REASONABLE SUSPICION OR PROBABLE CAUSE TO SEARCH, DETAIN, OR ARREST, SO AS TO CLARIFY THAT THE PROVISIONS IN THE SECTION APPLY TO A PERSON CARRYING A WEAPON IN ACCORDANCE WITH THE ARTICLE WHETHER OR NOT THE WEAPON IS CONCEALED; AND BY AMENDING SECTION 16-23-20, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, SO AS TO CLARIFY WHEN CARRYING A HANDGUN IS IMPERMISSIBLE IN A PUBLICLY OWNED BUILDING OTHER THAN A COURTHOUSE WHERE COURT IS HELD.
On motion of Senator HEMBREE, the Bill was carried over.
S. 1076 (Word version) -- Senator Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-219 SO AS TO ESTABLISH A WORK ZONE SAFETY PROGRAM; BY AMENDING SECTION 56-1-15, RELATING TO THE ADMINISTRATION OF DRIVER'S LICENSE EXAMINATIONS, SO AS TO REQUIRE THAT DRIVER'S LICENSE APPLICANTS COMPLETE THE WORK ZONE SAFETY PROGRAM; AND BY AMENDING SECTION 56-1-130, RELATING TO LICENSE EXAMINATIONS AND BASIC AND CLASSIFIED LICENSES, SO AS TO REQUIRE THAT DRIVER'S LICENSE APPLICANTS COMPLETE THE WORK ZONE SAFETY PROGRAM.
On motion of Senator TURNER, the Bill was carried over.
S. 1166 (Word version) -- Senators Tedder, Stephens and Rice: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE S.C. CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES.
The Senate proceeded to a consideration of the Bill.
Senator TEDDER proposed the following amendment (LC-1166.VR0002S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-65(B) and inserting:
(B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed.
Renumber sections to conform.
Amend title to conform.
Senator TEDDER explained the Bill.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Loftis Malloy Martin Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Tedder Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 1220 (Word version) -- Senator Loftis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-3-640, RELATING TO DRIVEWAYS AND ROADS IN STATE PARKS, SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION MUST OBTAIN APPROVAL FROM COUNTY LEGISLATIVE DELEGATIONS BEFORE ADDING OR CHANGING ENCHROACHMENTS OR ACCESS POINTS IN STATE PARKS.
Senator GROOMS objected to consideration of the Bill.
H. 4674 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-3-1240, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH THE PROVISIONS OF THIS SECTION APPLY, TO PROVIDE HOW LICENSE PLATES MUST BE FASTENED TO VEHICLES, TO MAKE TECHNICAL CHANGES, AND TO PROVIDE FOR THE DISPLAY OF TEMPORARY LICENSE PLATES ON LARGE COMMERCIAL MOTOR VEHICLES.
The Senate proceeded to a consideration of the Bill.
The Committee on Transportation proposed the following amendment (SR-4674.KM0002S), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. Chapter 3, Title 56 of the S.C. Code is amended by adding:
Section 56-3-15020. The Department of Motor Vehicles may issue "Hearing Impaired" special motor vehicle license plates to owners of private passenger-carrying motor vehicles or motorcycles registered in their names who are hearing impaired. The application for this special motor vehicle license plate must include an original certificate from a licensed physician, as defined in Section 40-75-5, that certifies that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
SECTION X. Chapter 3, Title 56 of the S.C. Code is amended by adding:
South Carolina Equine Industry Special License Plates
Section 56-3-16000. (A) The Department of Motor Vehicles may issue "South Carolina Equine Industry" special license plates to owners of private passenger-carrying motor vehicles or motorcycles registered in their names. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.
(B) This special license plate must be the same size and general design as regular motor vehicle license plates.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for each special license plate is thirty dollars plus the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Any portion of the thirty-dollar fee in excess of the costs of production and distribution of the license plates must be distributed to the Department of Agriculture for the purpose of promoting of the equine industry in the State.
SECTION X. Section 56-3-7340 of the S.C. Code is amended to read:
Section 56-3-7340. (A) The Department of Motor Vehicles may issue "Native American" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina.
SECTION X. Chapter 3, Title 56 of the S.C. Code is amended by adding:
Catawba Indian Nation Special License Plates
Section 56-3-16010. The Department of Motor Vehicles may issue "Catawba Indian Nation" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. Only members of the Catawba Indian Nation are eligible to receive a license plate produced pursuant to this section. A member of the Catawba Indian Nation applying for the license plate must produce with the license plate application an official document from the Catawba Indian Nation verifying membership. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina.
SECTION X. Chapter 3, Title 56 of the S.C. Code is amended by adding:
Cherokee Indian Nation Special License Plates
Section 56-3-16110. The Department of Motor Vehicles may issue "Cherokee Indian Nation" special license plates to owners of private passenger motor vehicles or motorcycles registered in their names. Only members of the Cherokee Indian Nation are eligible to receive a license plate produced pursuant to this section. A member of the Cherokee Indian Nation applying for the license plate must produce with the license plate application an official document from the Cherokee Indian Nation verifying membership. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the to the Museum of the Cherokee in Oconee County.
SECTION X. Chapter 3, Title 56 of the S.C. Code is amended by adding:
South Carolina Beekeepers Association Special License Plates
Section 56-3-16210. (A) The Department of Motor Vehicles may issue "South Carolina Beekeepers Association" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.
(B) This special license plate must be the same size and general design as regular motor vehicle license plates.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for each special license plate is forty dollars plus the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Any portion of the forty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution of the license plates must be distributed to the South Carolina Beekeepers Association to be used for research and education.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect six months after approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator GROOMS explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
Senator GROOMS asked unanimous consent to make a motion to give the Bill a second reading, carry over all amendments and waive the provisions of Rule 26B in order to allow amendments to be considered on third reading.
There was no objection.
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 5023 (Word version) -- Reps. Brewer, Gilliam, Lawson, Sessions, Schuessler, Hager, Hartnett, Gatch, Mitchell, Hewitt, Robbins, J. Moore, Wooten, Guffey, O'Neal, J.L. Johnson, Pedalino and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-219 SO AS TO ESTABLISH THE WORK ZONE PROGRAM WITHIN THE DEPARTMENT OF PUBLIC SAFETY; BY AMENDING SECTION 56-1-15, RELATING TO THE ADMINISTRATION OF DRIVER'S LICENSE EXAMINATIONS, SO AS TO REQUIRE DRIVER'S LICENSE APPLICANTS COMPLETE THE WORK ZONE SAFETY PROGRAM COURSE; AND BY AMENDING SECTION 56-1-130, RELATING TO LICENSE EXAMINATIONS AND BASIC AND CLASSIFIED LICENSES, SO AS TO REQUIRE DRIVER'S LICENSE APPLICANTS COMPLETE THE WORK ZONE SAFETY PROGRAM COURSE.
The Senate proceeded to a consideration of the Bill.
Senator BENNETT proposed the following amendment (SR-5023.JG0002S):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 56-1-440 of the S.C. Code is amended to read:
Section 56-1-440. (A) A person who drives a motor vehicle on a public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be punished as follows:
(1) for a first offense, fined not less than fifty dollars nor more than one hundred dollarsthree hundred dollars or imprisoned for thirty days, or both;
(2) for and, upon conviction of a second offense, be fined five six hundred dollars or imprisoned for not less than forty-five days nor more than sixty consecutive days, or both,; and
(3) for a third and or subsequent offense, fined one thousand dollars, and must be imprisoned for not less than forty-five days nor more than six months or confined to a person's place of residence pursuant to the Home Detention Act for not less than forty-five days nor more than six months. No portion of a term of imprisonment or confinement under home detention may be suspended by the trial judge except when the court is suspending a term of imprisonment upon successful completion of the terms and conditions of confinement under home detention. For purposes of this item, a person sentenced to confinement pursuant to the Home Detention Act is required to pay for the cost of such confinement.
However, a charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court.
(B) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section.A charge of driving a motor vehicle without a driver's license must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court.
(C) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section.
Renumber sections to conform.
Amend title to conform.
Senator BENNETT explained the amendment.
Senator MATTHEWS objected to further consideration of the Bill.
H. 3865 (Word version) -- Reps. Hiott, Collins, Rutherford, Carter and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-5-130, RELATING TO CORONER QUALIFICATIONS, SO AS TO INCLUDE LICENSED PARAMEDICS WITH AT LEAST THREE YEARS OF EXPERIENCE AS ONE OF THE ADDITIONAL QUALIFICATIONS A CORONER MUST HAVE.
On motion of Senator MARTIN, the Bill was carried over.
H. 4042 (Word version) -- Reps. Bernstein, Gilliard, Wheeler, Wetmore, King, Howard, Henegan, Stavrinakis, Bauer, Rutherford, W. Newton, Jordan, Pope, Bannister, J.E. Johnson, Brittain, Elliott and Jefferson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-1710 SO AS TO PROVIDE A FRAMEWORK IN WHICH ANTISEMITISM IS CONSIDERED REGARDING ALL LAWS PROHIBITING DISCRIMINATORY ACTS.
The Senate proceeded to a consideration of the Bill.
The Committee on Judiciary proposed the following amendment (SJ-4042.MF0004S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1710(C) and inserting:
(C) In reviewing, investigating, or deciding whether there has been a violation of any relevant policy, law, or regulation prohibiting discriminatory acts, the State shall take into consideration the definition of antisemitism set forth in law for purposes of determining whether the alleged act was discriminatory. A court or other relevant authority shall apply the same legal standard as applicable to like claims of discrimination arising under the laws of this State protecting civil rights, including Chapter 13 of this title.
Renumber sections to conform.
Amend title to conform.
Senator TALLEY 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:
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 Loftis Malloy Martin Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill.
Senator HUTTO proposed the following amendment (SJ-4871.MF0009S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 47-9-420(F) and inserting:
(F) Any person convicted under the provisions of this section is subject to a penalty of one hundred dollars or to imprisonment for a term not exceeding thirty days, or both, in the discretion of the court. In case such offender repeats the same or commits a like offense, upon conviction is subject to a penalty of two hundred dollars or to imprisonment for a term not exceeding one year, or both, in the discretion of the court.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator GARRETT explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Loftis Malloy Martin Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 5169 (Word version) -- Reps. Haddon, G.M. Smith, Hiott, Taylor, Hixon, Forrest, Wooten, Crawford, Gibson, Hartnett, Robbins, Sessions, Mitchell, T. Moore, Gilliam, Brewer, Ligon, Bradley, Brittain, Guest, B.L. Cox, Long, Chapman, J.E. Johnson, Burns, O'Neal, Vaughan, McCravy, Davis, Nutt, Trantham, Hyde, McGinnis, Hardee, Bailey, S. Jones, Guffey, West, Schuessler, Gatch, Gagnon, Herbkersman, Lawson, Moss, Murphy, Chumley, Carter, Magnuson, M.M. Smith, Pope, Cromer, Oremus and Beach: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 1, TITLE 46 BY ENACTING THE "FARMERS PROTECTION ACT" TO PREVENT DISCRIMINATION IN FINANCING AGAINST FARMERS.
On motion of Senator HEMBREE, the Bill was carried over.
S. 161 (Word version) -- Senators Young, Grooms and Climer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-100, RELATING TO NONPUBLIC SCHOOL STUDENT PARTICIPATION IN THE INTERSCHOLASTIC ACTIVITIES OF PUBLIC SCHOOLS, SO AS TO PROVIDE LIMITED SITUATIONS IN WHICH HIGH SCHOOL STUDENTS WHO ATTEND PRIVATE SCHOOLS MAY PARTICIPATE IN HIGH SCHOOL LEAGUE SPORTS OFFERED AT PUBLIC HIGH SCHOOLS; AND BY FURTHER AMENDING SECTION 59-63-100, RELATING TO PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES OF A PUBLIC SCHOOL DISTRICT BY HOME SCHOOL, CHARTER SCHOOL, AND GOVERNOR'S SCHOOL STUDENTS, SO AS TO DEFINE NECESSARY TERMS.
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.
H. 4349 (Word version) -- Rep. Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-53-1500, RELATING TO THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION, SO AS TO REMOVE OBSOLETE REFERENCES, TO REVISE RESIDENCY REQUIREMENTS FOR CERTAIN COMMISSION SEATS, AND TO REVISE THE ABSENCE POLICY FOR COMMISSION MEMBERS, AMONG OTHER THINGS.
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.
H. 4386 (Word version) -- Rep. Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 50-13-647 SO AS TO PROHIBIT THE TAKING, HARMING, OR KILLING OF ROBUST REDHORSE.
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.
H. 4387 (Word version) -- Rep. Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-13-230, RELATING TO STRIPED BASS LIMITS, SO AS TO INCLUDE REFERENCES TO HYBRID BASS.
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.
H. 4612 (Word version) -- Reps. Hixon, Pope, Chapman, Taylor, Hartnett, Hardee, Brewer, Robbins, Gatch, Murphy, Connell, Mitchell, Hager, Caskey, Forrest, Wooten, Elliott, B.J. Cox and Bannister: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 55-3-110, RELATING TO HUNTING FROM AN AIRCRAFT, SO AS TO PROVIDE PERSONS POSSESSING A PERMIT ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES MAY LAWFULLY HUNT FROM AN AIRCRAFT; AND BY ADDING SECTION 50-11-1190 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES MAY ISSUE PERMITS FOR THE TAKING OF FERAL HOGS WHILE AIRBORNE IN A HELICOPTER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
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.
H. 4875 (Word version) -- Reps. Ott, Brewer, Atkinson and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-1910, RELATING TO THE SALE OF DEER OR DEER PARTS, SO AS TO ALLOW A PROCESSOR TO PROCESS A LEGALLY TAKEN DOE DONATED BY A HUNTER AND RECOVER THE COSTS OF PROCESSING FROM SOMEONE OTHER THAN THE HUNTER WHO DONATED THE DOE, AND TO INCREASE PENALTIES.
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.
H. 5007 (Word version) -- Reps. Caskey and Hixon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-13-230, RELATING TO STRIPED BASS LIMITS, SO AS TO RESTRICT PERMITTED HOOK SIZE IN THE LOWER SALUDA RIVER.
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.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 5:04 P.M., on motion of Senator HEMBREE, the Senate agreed to dispense with the balance of the Motion Period.
On motion of Senator HEMBREE, with unanimous consent, Senator HEMBREE was granted authority to make a motion under Rule 32B in the absence of the Chairman of the Committee on Rules.
Senator HEMBREE, under the provisions of Rule 32B, called S. 975 from the Contested Calendar.
S. 975 (Word version) -- Senators Martin, Corbin, Rice, Kimbrell, Grooms and Loftis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-17-780 SO AS TO PROHIBIT BUSINESSES, NON-PROFIT ORGANIZATIONS, COLLEGES, SCHOOLS, AND EMPLOYERS FROM MANDATING THAT EMPLOYEES, CONTRACTORS, STUDENTS, PATRONS, CUSTOMERS, CLIENTS, OR GUESTS MUST RECEIVE A NOVEL VACCINE OR GENE THERAPY; BY ADDING SECTION 41-1-55 SO AS TO PROHIBIT EMPLOYERS FROM TAKING ANY ADVERSE PRE-EMPLOYMENT OR EMPLOYMENT ACTION AGAINST AN INDIVIDUAL WHO DECLINES TO RECEIVE A VACCINE OR GENE THERAPY; BY AMENDING SECTION 40-43-86, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, SO AS TO PROVIDE THAT A PHARMACIST MAY REFUSE TO FILL A PRESCRIPTION DUE TO RELIGIOUS, MORAL, OR ETHICAL REASONS; BY AMENDING SECTION 44-1-100, RELATING TO ASSISTANCE FROM PEACE AND HEALTH OFFICERS, SO AS TO PROVIDE THAT THE DIRECTOR MAY NOT REQUEST ASSISTANCE IN ENFORCING ORDERS PURSUANT TO THIS CHAPTER; BY AMENDING SECTION 44-4-130, RELATING TO DEFINITIONS FOR EMERGENCY HEALTH POWERS, SO AS TO PROVIDE DEFINITIONS; BY AMENDING SECTION 44-4-330, RELATING TO THE PURCHASE AND DISTRIBUTION OF PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES, SO AS TO PROVIDE THAT DHEC MAY PURCHASE AND DISTRIBUTE APPROVED PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES; BY AMENDING SECTION 44-4-500, RELATING TO CONTROL AND TREATMENT OF INFECTIOUS DISEASE, SO AS TO PROVIDE THAT DHEC MUST USE EVERY AVAILABLE MEANS TO PREVENT THE TRANSMISSION OF INFECTIOUS DISEASE FOR WHICH THE PUBLIC HEALTH EMERGENCY HAS BEEN CALLED; BY AMENDING SECTION 44-4-510, RELATING TO PHYSICAL EXAMINATIONS OR TESTS AND ISOLATION OR QUARANTINE OF PERSONS REFUSING EXAMINATION, SO AS TO PROVIDE THAT TESTS MUST BE FDA APPROVED FOR ACCURATE DETECTION OF THE BIOLOGICAL AGENT; BY AMENDING SECTION 44-4-520, RELATING TO VACCINATIONS AND TREATMENT, SO AS TO PROVIDE THAT DHEC MAY NOT ISOLATE AN INDIVIDUAL TO PREVENT THE SPREAD OF A POSSIBLY CONTAGIOUS DISEASE, BUT ONLY A DISEASE KNOWN TO BE CONTAGIOUS, AND TO PROVIDE THAT A VACCINE MUST NOT BE A GENE THERAPY; BY AMENDING SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTY FOR NONCOMPLIANCE, SO AS TO PROVIDE THAT DHEC MAY ISOLATE OR QUARANTINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS WHO HAVE BEEN DIAGNOSED WITH OR EXPOSED TO THE CONTAGIOUS DISEASE FOR WHICH THE PUBLIC HEALTH EMERGENCY WAS DECLARED; BY AMENDING SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO REMOVE ISOLATION PARAMETERS; AND BY AMENDING SECTION 44-4-570, RELATING TO EMERGENCY POWERS REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO REMOVE THE REQUIREMENT THAT IN-STATE HEALTH PROVIDERS MUST ASSIST IN VACCINATIONS, TREATMENTS, AND EXAMINATIONS, AND TO REMOVE THE PROVISION THAT ANY EMERGENCY ASSISTANT MEDICAL EXAMINER OR CORONER APPOINTED PURSUANT TO THIS SECTION IS IMMUNE FROM CIVIL LIABILITY FOR DAMAGES RESULTING FROM THEIR SERVICES.
The Senate proceeded to a consideration of the Bill.
Senator MARTIN explained the Bill.
The Committee on Medical Affairs proposed the following amendment (SR-975.KM0021S), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Medical Freedom Act."
SECTION 2. Chapter 17, Title 16 of the S.C. Code is amended by adding:
Section 16-17-780. (A) For purposes of this section:
(1) "Novel vaccine" means a vaccine, as defined in section 44-4-130, which has obtained Emergency Use Authorization, or which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and
(2) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(3) "Indemnified product" means any product, including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.
(B) It is unlawful for any person, partnership, for-profit or non-profit corporation, limited liability corporation, colleges, schools, or the State and its political subdivisions and their agents that employ one or more employees to mandate employees, contractors, students, patrons, customers, clients, or guests to receive a novel vaccine, indemnified product, or gene therapy described in this section as a precondition for employment, entry into buildings and grounds, attendance, participation, or purchase or receipt of any products and services offered.
(C) A person who violates the provisions of this section:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;
(2) for a second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than three years or both; and
(3) for a third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.
SECTION 3. Chapter 1, Title 41 of the S.C. Code is amended by adding:
Section 41-1-55. (A) As used in this section:
(1) "Agent" means any former supervisor or the employer's designee.
(2) "Employer" means any person, partnership, for-profit or non-profit corporation, limited liability corporation, or the State and its political subdivisions and their agents that employ one or more employees.
(3) "Employee" means any person employed by an employer.
(4) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(5) "Novel vaccine" means a vaccine which has obtained emergency use authorization, which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and
(6) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention, amelioration, or treatment of infectious diseases.
(7) "Indemnified product" means any product, including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.
(B) Employers are prohibited from taking any adverse pre-employment or employment action, including, but not limited to, discrimination, termination, suspension, involuntary reassignment, unpaid leave, demotion, harassment, coercion, or retaliation against an individual who declines to receive a novel vaccine, indemnified product, or gene therapy as defined in this section.
(C) No employer may require their employees to receive any vaccine which is not mandated for employment by the Department of Public Health.
(D) If an employer violates the provisions of this section, an aggrieved employee shall have the right to apply for and receive unemployment benefits subject to the benefit amounts, duration, and requirements provided in Article 1, Chapter 35, Title 41, as well as back pay, front pay, lost wages, consequential damages, emotional damages, court and litigation costs, and attorney fees.
(E) If an employer willfully or maliciously discriminates or commits a violation of this section, they shall also be liable to the employee or prospective employee for punitive damages in the treble amount of the actual damages awarded.
SECTION 4. Section 40-43-86(E) of the S.C. Code is amended to read:
(E)(1) A prescription drug order shall contain at a minimum, the:
(1)(a) full name and address of the patient;
(2)(b) name, address, telephone number, and degree classification of the prescriber; license number, and Drug Enforcement Agency registration number of the prescribing practitioner where required by law;
(3)(c) date of issuance;
(4)(d) name, strength, dosage form, and quantity of drug prescribed;
(5)(e) directions for use;
(6)(f) number of refills authorized. No prescription marked "PRN" or any other unspecified number of refills may be refilled more than two years beyond the date it was originally written. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription; and
(7)(g) a written order signed by the prescriber, which shall bear the name of the patient; name, strength, and quantity of the drug or device prescribed; directions for use; date of issue; and, either rubber stamped, typed, printed by hand, or typeset, the name, address, telephone number, and degree classification of the prescriber; and, if a controlled substance is prescribed, the prescriber's federal registration number;
(8)(h) only one drug and set of instructions for each blank, if preprinted;
(9)(i) a chart order is exempt from the requirements of this subsection.
(2) A pharmacist may refuse to fill or refill a prescription when:
(a) a contradiction is detected in the patient's records;
(b) patterns of narcotic abuse are observed in the patient's records;
(c) the order is not complete or unclear; or
(d) the pharmacist objects to filling the prescription for religious, moral, or ethical reasons pursuant to the Medical Ethics and Diversity Act, Title 44, Chapter 139. Nothing in this subsection allows pharmacists to deny "right to try" prescriptions as defined in Section 44-137-10.
SECTION 5. Section 44-1-100 of the S.C. Code is amended to read:
Section 44-1-100. All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must may aid and assist the Director of the Department of Public Health and Environmental Control and must may carry out and obey his orders, or those of the Department of Public Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During during a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.
SECTION 6. Section 44-4-130 of the S.C. Code is amended to read:
Section 44-4-130. As used in the chapter:
(A) "Biological agent" means a microorganism, virus, infectious substance, naturally occurring or bioengineered product, or other biological material that could cause death, disease, or other harm to a human, an animal, a plant, or another living organism.
(B) "Bioterrorism" means the intentional use or threatened use of a biological agent to harm or endanger members of the public.
(C) "Chemical agent" means a poisonous chemical agent that has the capacity to cause death, disease, or other harm to a human, an animal, a plant, or another living organism.
(D) "Chemical terrorism" means the intentional use or threatened use of a chemical agent to harm or endanger members of the public.
(E) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing, and transporting the specimens and reporting test results.
(F) "Commissioner" "Director" means the Commissioner Director of the Department of Public Health and Environmental Control.
(G) "Contagious disease" is an infectious disease that can be transmitted from person to person, animal to person, or insect to person.
(H) "Coroners, medical examiners, and funeral directors" have the same meanings as provided in Sections 17-5-5 and 40-19-10, respectively.
(I) "DHEC" "Department" means the Department of Public Health and Environmental Control, or any person authorized to act on behalf of the Department of Public Health and Environmental Control.
(J) "Facility" means any real property, building, structure, or other improvement to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation.
(L) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(K)(M) "Health care facility" means any nonfederal institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories, research facilities, pharmacies, laundry facilities, health personnel training and lodging facilities, and patient, guest, and health personnel food service facilities, and offices and office buildings for persons engaged in health care professions or services.
(L)(N) "Health care provider" means any person or entity who provides health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, firefighters who provide emergency medical care, emergency medical or laboratory technicians, and ambulance and emergency medical workers. This includes out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of South Carolina. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.
(M)(O) "Infectious disease" is a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.
(N)(P) "Isolation" and "quarantine" mean the compulsory physical separation (including the restriction of movement or confinement) of individuals and/or groups believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others; if the context so requires, "quarantine" means compulsory physical separation, including restriction of movement, of populations or groups of healthy people who have been potentially exposed to a contagious disease, or to efforts to segregate these persons within specified geographic areas. "Isolation" means the separation and confinement of individuals known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease to prevent them from transmitting disease to others.
(O)(Q) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either alone or with other information that is, or reasonably should be known to be, available to predictable recipients of such information) to reveal the identity of that individual.
(P)(R) "Public health emergency" means the occurrence or imminent risk of a qualifying health condition.
(Q)(S) "Public safety authority" means the Department of Public Safety, the State Law Enforcement Division, or designated persons authorized to act on behalf of the Department of Public Safety, the State Law Enforcement Division including, but not limited to, local governmental agencies that act principally to protect or preserve the public safety, or full-time commissioned law enforcement persons.
(R)(T) "Qualifying health condition" means:
(1) a natural disaster; or
(2) an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, widespread illness, or serious economic impact to the agricultural sector, including food supply. or incidents of permanent or long-term disability.
(S)(U) "Radioactive material" means a radioactive substance that has the capacity to cause bodily injury or death to a human, an animal, a plant, or another living organism.
(T)(V) "Radiological terrorism" means the intentional use or threatened use of a radioactive material to harm or endanger members of the public.
(U)(W) "Specimens" include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests, and environmental samples or other samples needed to diagnose potential chemical, biological, or radiological contamination.
(V)(X) "Tests" include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare.
(W)(Y) "Trial court" is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for the county in which a public health emergency has been declared. If that court is unable to function because of the isolation, quarantine, or public health emergency, the trial court is a circuit court designated by the Chief Justice upon petition and proper showing by the Department of Health and Environmental Control.
(Z) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention, amelioration, or treatment of infectious diseases.
SECTION 7. Section 44-4-510 of the S.C. Code is amended to read:
Section 44-4-510. (A)(1) During a state of public health emergency, DHEC the department may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.
(2) DHEC The department may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any symptomatic person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a the contagious disease for which the public health emergency has been declaredor possibly contagious disease or otherwise poses a danger to public health.
(B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHECthe department.
(2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.
SECTION 8. Section 44-4-520 of the S.C. Code is amended to read:
Section 44-4-520. (A) During a state of public health emergency, DHEC the department may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:
(1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;
(2) to treat persons exposed to or infected with disease; and
(3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, symptomatic persons or persons exposed to the disease who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.
(B) Vaccinations or treatment, or both, must be provided only to those individuals who agree provide informed consent to the vaccinations or treatment, or both.
(C)(1) Vaccination Vaccinations may be performed by any qualified person authorized by DHEC the department.
(2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.
(D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC. the department.
(2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
(E) For purposes of this section, "informed consent" means a written document that is signed and dated by an individual; or if the individual is a minor, by a parent or legal guardian; or if the individual is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
(1) an explanation of the vaccine or treatment that is written in language that understandable to the average lay person;
(2) a description of the potentially best and worst outcomes resulting from vaccine or treatment, along with a realistic description of the most likely outcome; and
(3) contain language that clearly indicates that the individual agrees to the administration of the vaccine or treatment, that the individual has had time to thoughtfully consider whether to provide consent, and that the individual is providing consent free from coercion.
SECTION 9. Section 44-4-530 of the S.C. Code is amended to read:
Section 44-4-530. (A) During a public health emergency, DHEC the department may isolate or quarantine an individual or groups of individuals who have been diagnosed with or exposed to the contagious disease for which the public health emergency was declared. This includes individuals or groups who have not been vaccinated, treated, tested, or examined pursuant to Sections 44-4-510 and 44-4-520. DHEC The department may also establish and maintain places of isolation and quarantine, and set rules, and make orders.
(B) DHEC The department must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:
(1) isolation and quarantine must be by the least restrictive means necessary to prevent the spread transmission of a the contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;
(2) individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;
(3) the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;
(4) an asymptomatic quarantined individual must be confined for no more than five days;
(4)(5) if a quarantined individual becomes infected or is reasonably believed to be infected with a the contagious or possibly contagious disease, he or she must be promptly removed to isolation;
(5)(6) isolated and quarantined individuals must be immediately released when they pose no substantial risk of transmitting a have no more symptoms of the contagious or possibly contagious disease to others or within ten days of symptom onset, whichever is sooner;
(6)(7) the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;
(7)(8) premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined; and
(8)(9) to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises. ; and
(10) individuals who have recovered from the contagious disease must not be separated from quarantined or isolated family members.
(C) A person subject to isolation or quarantine must comply with DHEC's the department's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felonymisdemeanor and, upon conviction, a person must be fined not more than one thousand two hundred dollars or imprisoned not more than thirty days, or both.
(D)(1) DHEC The department may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.
(2) No person, other than a person authorized by DHEC, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(3)(2) A person entering an isolation or quarantine premises with or without authorization of DHECfrom the department may be isolated or quarantined as provided for in this chapter.
(4)(3) The public safety authority and other law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of an isolation or quarantine order after the order is given to the individual pursuant to Section 44-4-540(B)(3) or after the individual is provided notice of the order. In a case where an individual is not the subject of an isolation or quarantine order under Section 44-4-540, law enforcement officers may provide written or verbal notice of the order. Law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of isolation or quarantine rules orders after the rules orders are established and the individual is given written or verbal notice of the rules orders. An arrest warrant or an additional isolation or quarantine order is not required for arrest, isolation, or quarantine under Section 44-4-530(D)(4)(3).
(E) An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order issued pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order.
SECTION 10. Section 44-4-540 of the S.C. Code is amended to read:
Section 44-4-540. (A) During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section.
(B)(1) DHEC may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.
(2) The emergency order must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a copy of Article V of this act and relevant definitions of this act.
(3) A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.
(4) Within ten days after issuing the emergency order, DHEC must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.
(C)(1) DHEC may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.
(2) A petition under subsection (C)(1) must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-530(B); and (vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit of DHEC attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.
(3) Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(4) A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary circumstances and for good cause shown, DHEC may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.
(5)(a) The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.
(b) An order authorizing isolation or quarantine may do so for a period not to exceed thirty days.
(c) The order must: (i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances; (ii) specify factual findings warranting isolation or quarantine pursuant to this act; (iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and (iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(d) Prior to the expiration of an order issued pursuant to this item, DHEC may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.
(D)(A)(1) An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.
(2)(a) An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.
(b) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.
(c) Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.
(3) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC the department may move the court to extend the time for a hearing up to forty-eight hours, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.
(E)(B) A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allow all parties to fully participate.
(F)(C) The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC The department must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC the department from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.
(G) In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:
(1) the number of individuals involved or to be affected is so large as to render individual participation impractical;
(2) there are questions of law or fact common to the individual claims or rights to be determined;
(3) the group claims or rights to be determined are typical of the affected individuals' claims or rights; and
(4) the entire group will be adequately represented in the consolidation.
(H) Notwithstanding the provisions of subsection (A), prior to the Governor declaring a public health emergency, as defined in Section 44-4-130, the isolation and quarantine of an individual or groups of individuals pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540 must be undertaken in accordance with the procedures provided in this section.
SECTION 11. Section 44-4-570 of the S.C. Code is amended to read:
Section 44-4-570. (A) DHECThe department, in coordination with the appropriate licensing authority and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:
(1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;
(2)(1) to accept the volunteer services of in-state and out-of-state health care providers consistent with Title 8, Chapter 25, to appoint such in-state and out-of-state health care providers as emergency support function volunteers, and to prescribe the duties as may be reasonable and necessary for emergency response; and
(3)(2) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.
(B)(1) The appointment of in-state and out-of-state health care providers pursuant to this section may be for a limited or unlimited time but must not exceed the termination of the state of public health emergency. DHEC may terminate the in-state and out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.
(2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.
(C)(1) Any health care provider appointed by the department pursuant to this section must not be held liable for any civil damages as a result of medical care or treatment including, but not limited to, trauma care and triage assessment, related to the appointment of the health care provider and the prescribed duties unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(2) This subsection applies if the health care provider does not receive payment from the State other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the health care provider is an employee of the State, the health care provider may continue to receive compensation from the health care provider's employer. This subsection applies whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from sources including, but not limited to, Medicaid, Medicare, reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512, et seq., or private health insurance.
(D)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, if the termination will not impede the performance of the duties of the office.
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment unless the damages result from providing, or failing to provide, services under circumstances demonstrating a reckless disregard for the consequences.
SECTION 12.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect July 1, 2024.
Renumber sections to conform.
Amend title to conform.
Senator CASH explained the amendment.
The amendment was adopted.
Senator MALLOY moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Devine Fanning Hutto Jackson Malloy Matthews McElveen McLeod Setzler Stephens Tedder Williams
Adams Alexander Bennett Cash Climer Corbin Cromer Davis Garrett Goldfinch Gustafson Harpootlian Hembree Johnson, Michael Loftis Martin Peeler Reichenbach Rice Shealy Verdin Young
The Senate refused to stand adjourned.
Senator SENN proposed the following amendment (SR-975.JG0024S), which was carried over:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 1, Title 44 of the S.C. Code is amended by adding:
Section 44-1-115. For the protection of the public health, women must be afforded the same substantial medical health care choices and equal rights as men in medical decisions concerning their own health and the health of their children.
Renumber sections to conform.
Amend title to conform.
On motion of Senator RICE, the amendment was carried over.
Senator CROMER proposed the following amendment (LC-975.HA0025S), which was carried over:
Amend the bill, as and if amended, by deleting SECTION 4.
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the amendment.
On motion of Senator CROMER, the amendment was carried over.
Senator CASH proposed the following amendment (SR-975.JG0030S), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Medical Freedom Act."
SECTION 2. Chapter 17, Title 16 of the S.C. Code is amended by adding:
Section 16-17-780. (A) For purposes of this section:
(1) "Novel vaccine" means a vaccine, as defined in section 44-4-130, which has obtained Emergency Use Authorization, or which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and
(2) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(3) "Indemnified product" means any product, including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.
(B) It is unlawful for any person, partnership, for-profit or non-profit corporation, limited liability corporation, colleges, schools, or the State and its political subdivisions and their agents that employ one or more employees to mandate employees, contractors, students, patrons, customers, clients, or guests to receive a novel vaccine, indemnified product, or gene therapy described in this section as a precondition for employment, entry into buildings and grounds, attendance, participation, or purchase or receipt of any products and services offered.
(C) A person who violates the provisions of this section:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;
(2) for a second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than three years or both; and
(3) for a third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.
SECTION 3. Chapter 1, Title 41 of the S.C. Code is amended by adding:
Section 41-1-55. (A) As used in this section:
(1) "Agent" means any former supervisor or the employer's designee.
(2) "Employer" means any person, partnership, for-profit or non-profit corporation, limited liability corporation, or the State and its political subdivisions and their agents that employ one or more employees.
(3) "Employee" means any person employed by an employer.
(4) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(5) "Novel vaccine" means a vaccine which has obtained emergency use authorization, which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and
(6) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention, amelioration, or treatment of infectious diseases.
(7) "Indemnified product" means any product, including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.
(B) Employers are prohibited from taking any adverse pre-employment or employment action, including, but not limited to, discrimination, termination, suspension, involuntary reassignment, unpaid leave, demotion, harassment, coercion, or retaliation against an individual who declines to receive a novel vaccine, indemnified product, or gene therapy as defined in this section.
(C) If an employer violates the provisions of this section, an aggrieved employee shall have the right to apply for and receive unemployment benefits subject to the benefit amounts, duration, and requirements provided in Article 1, Chapter 35, Title 41, as well as back pay, front pay, lost wages, consequential damages, emotional damages, court and litigation costs, and attorney fees.
(D) If an employer willfully or maliciously discriminates or commits a violation of this section, they shall also be liable to the employee or prospective employee for punitive damages in the treble amount of the actual damages awarded.
SECTION 4. Section 40-43-86(E) of the S.C. Code is amended to read:
(E)(1) A prescription drug order shall contain at a minimum, the:
(1)(a) full name and address of the patient;
(2)(b) name, address, telephone number, and degree classification of the prescriber; license number, and Drug Enforcement Agency registration number of the prescribing practitioner where required by law;
(3)(c) date of issuance;
(4)(d) name, strength, dosage form, and quantity of drug prescribed;
(5)(e) directions for use;
(6)(f) number of refills authorized. No prescription marked "PRN" or any other unspecified number of refills may be refilled more than two years beyond the date it was originally written. Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription; and
(7)(g) a written order signed by the prescriber, which shall bear the name of the patient; name, strength, and quantity of the drug or device prescribed; directions for use; date of issue; and, either rubber stamped, typed, printed by hand, or typeset, the name, address, telephone number, and degree classification of the prescriber; and, if a controlled substance is prescribed, the prescriber's federal registration number;
(8)(h) only one drug and set of instructions for each blank, if preprinted;
(9)(i) a chart order is exempt from the requirements of this subsection.
(2) A pharmacist may refuse to fill or refill a prescription when:
(a) a contradiction is detected in the patient's records;
(b) patterns of narcotic abuse are observed in the patient's records;
(c) the order is not complete or unclear;
(d) the pharmacist objects to filling the prescription for religious, moral, or ethical reasons pursuant to the Medical Ethics and Diversity Act, Title 44, Chapter 139. Nothing in this subsection allows pharmacists to deny "right to try" prescriptions as defined in Section 44-137-10; or
(e) the prescription is for off label use of the prescribed drug, during a state of emergency declared by the Governor, and the patient is unable to pay for the prescription in cash. For the purposes of this subitem, "off label use" means the practice of prescribing a prescription drug for a different purpose than the federal Food and Drug Administration's approved purpose.
SECTION 5. Section 44-1-100 of the S.C. Code is amended to read:
Section 44-1-100. All sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns must may aid and assist the Director of the Department of Public Health and Environmental Control and must may carry out and obey his orders, or those of the Department of Public Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During during a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44.
SECTION 6. Section 44-4-130 of the S.C. Code is amended to read:
Section 44-4-130. As used in the chapter:
(A) "Biological agent" means a microorganism, virus, infectious substance, naturally occurring or bioengineered product, or other biological material that could cause death, disease, or other harm to a human, an animal, a plant, or another living organism.
(B) "Bioterrorism" means the intentional use or threatened use of a biological agent to harm or endanger members of the public.
(C) "Chemical agent" means a poisonous chemical agent that has the capacity to cause death, disease, or other harm to a human, an animal, a plant, or another living organism.
(D) "Chemical terrorism" means the intentional use or threatened use of a chemical agent to harm or endanger members of the public.
(E) "Chain of custody" means the methodology of tracking specimens for the purpose of maintaining control and accountability from initial collection to final disposition of the specimens and providing for accountability at each stage of collecting, handling, testing, storing, and transporting the specimens and reporting test results.
(F) "Commissioner" "Director" means the Commissioner Director of the Department of Public Health and Environmental Control.
(G) "Contagious disease" is an infectious disease that can be transmitted from person to person, animal to person, or insect to person.
(H) "Coroners, medical examiners, and funeral directors" have the same meanings as provided in Sections 17-5-5 and 40-19-10, respectively.
(I) "DHEC" "Department" means the Department of Public Health and Environmental Control, or any person authorized to act on behalf of the Department of Public Health and Environmental Control.
(J) "Facility" means any real property, building, structure, or other improvement to real property or any motor vehicle, rolling stock, aircraft, watercraft, or other means of transportation.
(L) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.
(K)(M) "Health care facility" means any nonfederal institution, building, or agency or portion thereof, whether public or private (for-profit or nonprofit) that is used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventive care to any person or persons. This includes, but is not limited to, ambulatory surgical facilities, health maintenance organizations, home health agencies, hospices, hospitals, infirmaries, intermediate care facilities, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, rehabilitation facilities, residential treatment facilities, skilled nursing facilities, and adult daycare centers. The term also includes, but is not limited to, the following related property when used for or in connection with the foregoing: laboratories, research facilities, pharmacies, laundry facilities, health personnel training and lodging facilities, and patient, guest, and health personnel food service facilities, and offices and office buildings for persons engaged in health care professions or services.
(L)(N) "Health care provider" means any person or entity who provides health care services including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, physicians, pharmacists, dentists, physician assistants, nurse practitioners, registered and other nurses, paramedics, firefighters who provide emergency medical care, emergency medical or laboratory technicians, and ambulance and emergency medical workers. This includes out-of-state medical laboratories, provided that such laboratories have agreed to the reporting requirements of South Carolina. Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out-of-state laboratory is also responsible for reporting results.
(M)(O) "Infectious disease" is a disease caused by a living organism or virus. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.
(N)(P) "Isolation" and "quarantine" mean the compulsory physical separation (including the restriction of movement or confinement) of individuals and/or groups believed to have been exposed to or known to have been infected with a contagious disease from individuals who are believed not to have been exposed or infected, in order to prevent or limit the transmission of the disease to others; if the context so requires, "quarantine" means compulsory physical separation, including restriction of movement, of populations or groups of healthy people who have been potentially exposed to a contagious disease, or to efforts to segregate these persons within specified geographic areas. "Isolation" means the separation and confinement of individuals known or suspected (via signs, symptoms, or laboratory criteria) to be infected with a contagious disease to prevent them from transmitting disease to others.
(O)(Q) "Protected health information" means any information, whether oral, written, electronic, visual, pictorial, physical, or any other form, that relates to an individual's past, present, or future physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either alone or with other information that is, or reasonably should be known to be, available to predictable recipients of such information) to reveal the identity of that individual.
(P)(R) "Public health emergency" means the occurrence or imminent risk of a qualifying health condition.
(Q)(S) "Public safety authority" means the Department of Public Safety, the State Law Enforcement Division, or designated persons authorized to act on behalf of the Department of Public Safety, the State Law Enforcement Division including, but not limited to, local governmental agencies that act principally to protect or preserve the public safety, or full-time commissioned law enforcement persons.
(R)(T) "Qualifying health condition" means:
(1) a natural disaster; or
(2) an illness or health condition that may be caused by terrorism, epidemic or pandemic disease, widespread illness, or a novel infectious agent or biological or chemical agent and that poses a substantial risk of a significant number of human fatalities, or serious economic impact to the agricultural sector, including food supply. or incidents of permanent or long-term disability.
(S)(U) "Radioactive material" means a radioactive substance that has the capacity to cause bodily injury or death to a human, an animal, a plant, or another living organism.
(T)(V) "Radiological terrorism" means the intentional use or threatened use of a radioactive material to harm or endanger members of the public.
(U)(W) "Specimens" include, but are not limited to, blood, sputum, urine, stool, other bodily fluids, wastes, tissues, and cultures necessary to perform required tests, and environmental samples or other samples needed to diagnose potential chemical, biological, or radiological contamination.
(V)(X) "Tests" include, but are not limited to, any diagnostic or investigative analyses necessary to prevent the spread of disease or protect the public's health, safety, and welfare.
(W)(Y) "Trial court" is the circuit court for the county in which the isolation or quarantine is to occur or to the circuit court for the county in which a public health emergency has been declared. If that court is unable to function because of the isolation, quarantine, or public health emergency, the trial court is a circuit court designated by the Chief Justice upon petition and proper showing by the Department of Health and Environmental Control.
(Z) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention, amelioration, or treatment of infectious diseases.
SECTION 7. Section 44-4-510 of the S.C. Code is amended to read:
Section 44-4-510. (A)(1) During a state of public health emergency, DHEC the department may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.
(2) DHEC The department may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any symptomatic person or person who has been exposed to the contagious disease for which the public health emergency has been declared whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a the contagious disease or possibly contagious disease or otherwise poses a danger to public health.
(B)(1) Physical examinations or tests may be performed by any qualified person authorized to do so by DHECthe department.
(2) Physical examinations or tests must not be reasonably likely to result in serious harm to the affected individual.
SECTION 8. Section 44-4-520 of the S.C. Code is amended to read:
Section 44-4-520. (A) During a state of public health emergency, DHEC the department may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:
(1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;
(2) to treat persons exposed to or infected with disease; and
(3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, symptomatic persons or persons exposed to the disease who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.
(B) Vaccinations or treatment, or both, must be provided only to those individuals who agree provide informed consent to the vaccinations or treatment, or both.
(C)(1) Vaccination Vaccinations may be performed by any qualified person authorized by DHEC the department.
(2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.
(D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC. the department.
(2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
(E) For purposes of this section, "informed consent" means a written document that is signed and dated by an individual; or if the individual is a minor, by a parent or legal guardian; or if the individual is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
(1) an explanation of the vaccine or treatment that is written in language that understandable to the average lay person;
(2) a description of the potential risks and benefits resulting from vaccine or treatment, along with a realistic description of the most likely outcome;
(3) a statement acknowledging risks associated with the vaccine or treatment if the vaccine or treatment is an indemnified product as defined in section 44-1-55(A)(7); and
(4) language that clearly indicates that the individual agrees to the administration of the vaccine or treatment, that the individual has had time to thoughtfully and voluntarily accept or decline the vaccine or treatment free from coercion.
(F) The safety and efficacy of vaccines, tests, and treatments performed and administered as provided in this section must be reviewed and adverse events monitored by the department. References to evidence-based data determined to validate vaccines, tests, and treatments, including, but not limited to VAERS data, must be prominently posted on the department's public website.
SECTION 9. Section 44-4-530 of the S.C. Code is amended to read:
Section 44-4-530. (A) During a public health emergency, DHEC the department may isolate or quarantine an individual or groups of individuals who have been diagnosed with or exposed to the contagious disease for which the public health emergency was declared. This includes individuals or groups who have not been vaccinated, treated, tested, or examined pursuant to Sections 44-4-510 and 44-4-520. DHEC The department may also establish and maintain places of isolation and quarantine, and set rules, and make orders.
(B) DHEC The department must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:
(1) isolation and quarantine must be by the least restrictive means necessary to prevent the spread transmission of a the contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;
(2) individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;
(3) the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;
(4) an asymptomatic quarantined individual must be confined for no more than twenty-one days;
(4)(5) if a quarantined individual becomes infected or is reasonably believed to be infected with a the contagious or possibly contagious disease, he or she must be promptly removed to isolation;
(5)(6) isolated and quarantined individuals must be immediately released when they no longer pose a substantial risk of transmitting a contagious or possibly contagious disease to others;
(6)(7) the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;
(7)(8) premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined; and
(8)(9) to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises. ; and
(10) individuals who have recovered from the contagious disease must not be separated from quarantined or isolated family members.
(C) A person subject to isolation or quarantine must comply with DHEC's the department's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felonymisdemeanor and, upon conviction, a person must be fined not more than one thousand two hundred dollars or imprisoned not more than thirty days, or both.
(D)(1) DHEC The department may authorize physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.
(2) No person, other than a person authorized by DHEC, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(3)(2) A person entering an isolation or quarantine premises with or without authorization of DHECfrom the department may be isolated or quarantined as provided for in this chapter.
(4)(3) The public safety authority and other law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of an isolation or quarantine order after the order is given to the individual pursuant to Section 44-4-540(B)(3) or after the individual is provided notice of the order. In a case where an individual is not the subject of an isolation or quarantine order under Section 44-4-540, law enforcement officers may provide written or verbal notice of the order. Law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of isolation or quarantine rules orders after the rules orders are established and the individual is given written or verbal notice of the rules orders. An arrest warrant or an additional isolation or quarantine order is not required for arrest, isolation, or quarantine under Section 44-4-530(D)(4)(3).
(E) An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order issued pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order.
SECTION 10. Section 44-4-540 of the S.C. Code is amended to read:
Section 44-4-540. (A) During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section.
(B)(1) The department of public health may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.
(2) The emergency order must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a copy of Article V of this act and relevant definitions of this act.
(3) A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.
(4) Within five days after issuing the emergency order, the department must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.
(C)(1) The department may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.
(2) A petition under subsection (C)(1) must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease; and (v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-530(B); and (vi) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit from the department attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.
(3) Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(4) A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary circumstances and for good cause shown, DHEC may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.
(5)(a) The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.
(b) An order authorizing isolation or quarantine may do so for a period not to exceed the maximum number of days allowed pursuant to Section 44-4-530.
(c) The order must: (i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances; (ii) specify factual findings warranting isolation or quarantine pursuant to this act; (iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and (iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.
(d) Prior to the expiration of an order issued pursuant to this item, DHEC the departmen may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.
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(D)(1) An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.
(2)(a) An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.
(b) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.
(c) Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.
(3) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC the department may move the court to extend the time for a hearing up to forty-eight hours, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.
(E) A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allow all parties to fully participate.
(F) The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC The department must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC the department from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.
(G) In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:
(1) the number of individuals involved or to be affected is so large as to render individual participation impractical;
(2) there are questions of law or fact common to the individual claims or rights to be determined;
(3) the group claims or rights to be determined are typical of the affected individuals' claims or rights; and
(4) the entire group will be adequately represented in the consolidation.
(G) Notwithstanding the provisions of subsection (A), prior to the Governor declaring a public health emergency, as defined in Section 44-4-130, the isolation and quarantine of an individual or groups of individuals pursuant to Section 44-1-80, 44-1-110, 44-1-140, 44-4-520, 44-4-530, or 44-4-540 must be undertaken in accordance with the procedures provided in this section.
SECTION 11. Section 44-4-570 of the S.C. Code is amended to read:
Section 44-4-570. (A) DHECThe department, in coordination with the appropriate licensing authority and the Department of Labor, Licensing and Regulation, may exercise, for such period as the state of public health emergency exists, in addition to existing emergency powers, the following emergency powers regarding licensing of health personnel:
(1) to require in-state health care providers to assist in the performance of vaccination, treatment, examination, or testing of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in this State;
(2)(1) to accept the volunteer services of in-state and out-of-state health care providers consistent with Title 8, Chapter 25, to appoint such in-state and out-of-state health care providers as emergency support function volunteers, and to prescribe the duties as may be reasonable and necessary for emergency response; and
(3)(2) to authorize the medical examiner or coroner to appoint and prescribe the duties of such emergency assistant medical examiners or coroners as may be required for the proper performance of the duties of the office.
(B)(1) The appointment of in-state and out-of-state health care providers pursuant to this section may be for a limited or unlimited time but must not exceed the termination of the state of public health emergency. DHEC may terminate the in-state and out-of-state appointments at any time or for any reason provided that any termination will not jeopardize the health, safety, and welfare of the people of this State.
(2) The appropriate licensing authority may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for health care providers from other jurisdictions to practice in this State.
(C)(1) Any health care provider appointed by the department pursuant to this section must not be held liable for any civil damages as a result of medical care or treatment including, but not limited to, trauma care and triage assessment, related to the appointment of the health care provider and the prescribed duties unless the damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of the patient.
(2) This subsection applies if the health care provider does not receive payment from the State other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the health care provider is an employee of the State, the health care provider may continue to receive compensation from the health care provider's employer. This subsection applies whether the health care provider was paid, should have been paid, or expected to be paid for the services at the time of rendering the services from sources including, but not limited to, Medicaid, Medicare, reimbursement under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Section 512, et seq., or private health insurance.
(D)(1) The appointment of emergency assistant medical examiners or coroners pursuant to this section may be for a limited or unlimited time, but must not exceed the termination of the state of public health emergency. The medical examiner or coroner may terminate the emergency appointments at any time or for any reason, if the termination will not impede the performance of the duties of the office.
(2) The medical examiner or coroner may waive any or all licensing requirements, permits, or fees required by law and applicable orders, rules, or regulations for the performance of these duties.
(3) Any emergency assistant medical examiner or coroner appointed pursuant to this section is immune from civil liability for damages resulting from services relating to and performed during the period of appointment unless the damages result from providing, or failing to provide, services under circumstances demonstrating a reckless disregard for the consequences.
SECTION 12.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect July 1, 2024.
Renumber sections to conform.
Amend title to conform.
Senator CASH explained the amendment.
The amendment was adopted.
Debate was interrupted by adjournment and pursuant to Rule 32B the Bill was returned to the Contested Statewide Calendar.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, York County Magistrate, with the term to commence April 30, 2024, and to expire April 30, 2028
Telisha Hoffman, 48 Catawba Ridge Road, Lake Wylie, SC 29710-8915
On motion of Senator HEMBREE, the Senate agreed to stand adjourned.
At 6:27 P.M., on motion of Senator HEMBREE, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Wednesday, April 17, 2024 at 8:08 P.M.