NO. 73
Indicates Matter Stricken
Indicates New Matter
The Extraordinary Session of the General Assembly of the State of South Carolina, begun and holden at Columbia on the fourth Tuesday in May, being the 23rd day of the month.
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Exodus 3:11, 12a
Returning again to Exodus, we read: "But Moses said to God, 'Who am I that I shall go to Pharaoh?' And God said, 'I will be with you.'" Please bow with me as we pray: Gracious and ever-loving Lord, everyone in this Senate Chamber today is acutely aware of why we are here. There remain for these leaders issues still unresolved, problems crying out for resolution, concerns which simply cannot be ignored. And so these Senators and aides are back again to tackle as much as possible for the common good. And perhaps more than ever, O God, these leaders need Your assurance that You are with them, as You were with Moses, offering Your guidance as they strive to do what is right and just and needful. Truly, embrace these servants in Your care, Lord, and give them peace of heart and mind as they offer their genuine best efforts on behalf of every woman, man, and child in this State. So we pray in Your loving name, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Cash Corbin Cromer Davis Fanning Gambrell Garrett Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McLeod Peeler Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
A quorum being present, the Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 17, 2023, at 12:00 Noon and the following Acts and Joint Resolutions were ratified:
(R63, S. 31 (Word version)) -- Senators Hutto and K. Johnson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 5-7-240, RELATING TO INDEPENDENT AUDITS OF MUNICIPAL FINANCIAL RECORDS AND TRANSACTIONS, SO AS TO ALLOW MUNICIPALITIES WITH LESS THAN $500,000 IN TOTAL REVENUES TO PROVIDE A COMPILATION OF FINANCIAL STATEMENTS; BY AMENDING SECTION 14-1-208, RELATING TO FINES AND ASSESSMENTS, SO AS TO INCLUDE REFERENCES TO FILING A COMPILATION OF FINANCIAL STATEMENTS; AND BY AMENDING SECTION 4-9-150, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO ALLOW FOR A FILING EXTENSION IN CERTAIN CIRCUMSTANCES.
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(R64, S. 36 (Word version)) -- Senators Hutto, Young, Campsen and Grooms: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-286, RELATING TO SUSPENSION OF LICENSE OR PERMIT OR DENIAL OF ISSUANCE OF LICENSE OR PERMIT TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH A CERTAIN AMOUNT OF ALCOHOL CONCENTRATION, SO AS TO ALLOW PERSONS UNDER THE AGE OF TWENTY-ONE WHO ARE SERVING A SUSPENSION OR ARE DENIED A LICENSE OR PERMIT TO ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM, OR REQUEST A CONTESTED CASE HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS; BY AMENDING SECTION 56-1-385, RELATING TO REINSTATEMENT OF PERMANENTLY REVOKED DRIVERS' LICENSES, SO AS TO LIMIT ITS APPLICATION TO OFFENSES OCCURRING BEFORE OCTOBER 1, 2014; BY AMENDING SECTION 56-1-400, RELATING TO SURRENDER OF LICENSES; ISSUANCE OF NEW LICENSES; ENDORSING SUSPENSION AND IGNITION INTERLOCK DEVICES ON LICENSES, SO AS TO REVISE THE PROVISIONS THAT RELATE TO THE DURATION OF THE PERIOD FOR WHICH THE IGNITION INTERLOCK DEVICES MUST BE MAINTAINED TO INCLUDE REFERENCES TO THE HABITUAL OFFENDER STATUTE AND DELETE THE REQUIREMENT THAT REQUIRES PERSONS SEEKING TO HAVE LICENSES ISSUED MUST FIRST PROVIDE PROOF THAT FINES OWED HAVE BEEN PAID, AND TO PROVIDE THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE A PERSON TO OBTAIN AN IGNITION INTERLOCK DEVICE UNLESS AT LEAST ONE OFFENSE THAT RESULTED IN SUSPENSION WAS ALCOHOL RELATED; BY AMENDING SECTION 56-1-1090, RELATING TO REQUEST FOR RESTORATION OF PRIVILEGES TO OPERATE MOTOR VEHICLES, CONDITIONS, AND APPEALS OF DENIALS OF REQUESTS, SO AS TO PROVIDE HABITUAL OFFENDERS MAY OBTAIN DRIVERS' LICENSES WITH INTERLOCK RESTRICTIONS IF THEY ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM AND OBTAINED LICENSES WITH INTERLOCK RESTRICTIONS; BY AMENDING SECTION 56-1-1320, RELATING TO PROVISIONAL DRIVERS' LICENSES, SO AS TO ELIMINATE THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES FOR CERTAIN OFFENSES THAT OCCURRED BEFORE THE EFFECTIVE DATE OF THIS ACT; BY AMENDING SECTION 56-1-1340, RELATING TO LICENSES THAT MUST BE KEPT IN POSSESSION, ISSUANCE OF LICENSES AND CONVICTIONS TO BE RECORDED, SO AS TO CONFORM STATUTORY REFERENCES; BY AMENDING SECTION 56-5-2941, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE CERTAIN PERSONS ISSUED TEMPORARY ALCOHOL LICENSES ARE REQUIRED TO HAVE IGNITION INTERLOCK DEVICES INSTALLED ON CERTAIN MOTOR VEHICLES, TO DELETE THE PROVISION THAT PROVIDES THIS SECTION DOES NOT APPLY TO PERSONS CONVICTED OF CERTAIN FIRST OFFENSE VIOLATIONS, TO PROVIDE THAT DRIVERS OF MOTORCYCLES ARE EXEMPT FROM HAVING IGNITION INTERLOCK DEVICES INSTALLED ON THESE VEHICLES, TO INCLUDE REFERENCES TO THE HABITUAL OFFENDER STATUTE, TO PERMIT DRIVERS WITH LIFETIME IGNITION INTERLOCK REQUIREMENTS DUE TO CONVICTIONS ON OR AFTER OCTOBER 1, 2014, TO SEEK TO HAVE THE DEVICES REMOVED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND THE RESTRICTIONS FROM THEIR DRIVERS' LICENSES, REQUIRE DEVICE MANUFACTURERS TO APPLY TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR CERTIFICATION OF THE DEVICES, PAY A CERTIFICATION FEE AND PROVIDE FOR THE DISPOSITION OF THE FEE, TO PROVIDE THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE INSTALLATION OF AN IGNITION INTERLOCK DEVICE UNTIL A SUSPENSION IS UPHELD AT A CONTESTED CASE HEARING OR THE CONTESTED HEARING IS WAIVED, AND TO PROVIDE FOR THE COLLECTION AND RETENTION OF THE INFORMATION RECORDED BY THE DEVICES; BY AMENDING SECTION 56-5-2951, RELATING TO THE SUSPENSION OF LICENSES FOR REFUSAL TO SUBMIT TO TESTING OR FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATION, TEMPORARY ALCOHOL LICENSES, ADMINISTRATIVE HEARING, RESTRICTED DRIVERS' LICENSES AND PENALTIES, SO AS TO PROVIDE WITHIN THIRTY DAYS OF THE ISSUANCE OF NOTICES OF SUSPENSION, PERSONS MAY REQUEST A CONTESTED HEARING BEFORE THE OFFICE OF MOTOR VEHICLE HEARINGS, ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM, OR OBTAIN TEMPORARY ALCOHOL LICENSES WITH IGNITION INTERLOCK DEVICE RESTRICTIONS, TO PROVIDE FOR THE DISPOSITION OF TEMPORARY ALCOHOL LICENSE FEES, TO PROVIDE IF SUSPENSIONS ARE UPHELD, THE PERSONS MUST ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM, TO PROVIDE IF SUSPENSIONS ARE OVERTURNED, THE PERSONS' DRIVING PRIVILEGES MUST BE REINSTATED, TO MAKE TECHNICAL CHANGES, TO ALLOW PERSONS TO RECEIVE CERTAIN CREDITS FOR MAINTAINING IGNITION INTERLOCK RESTRICTIONS ON TEMPORARY ALCOHOL LICENSES UNDER CERTAIN CIRCUMSTANCES, AND TO DELETE THE PROVISIONS RELATING TO ROUTE-RESTRICTED LICENSES, TO PROVIDE PROSECUTING AUTHORITIES ARE NOT PRECLUDED FROM WAIVING OR DISMISSING CHARGES UNDER THIS SECTION; AND BY AMENDING SECTION 56-5-2990, RELATING TO SUSPENSION OF CONVICTED PERSONS DRIVERS' LICENSES, AND PERIOD OF SUSPENSION, SO AS TO REVISE THE PENALTIES RELATING TO CONVICTIONS FOR FIRST OFFENSE DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS TO ONLY REQUIRE PERSONS TO ENROLL IN THE IGNITION INTERLOCK DEVICE PROGRAM, END THE SUSPENSION, AND OBTAIN INTERLOCK RESTRICTED LICENSES, DELETE THE PROVISION ALLOWING THE USE OF ROUTE-RESTRICTED OR SPECIAL RESTRICTED DRIVERS' LICENSES TO ATTEND CERTAIN PROGRAMS AND FUNCTIONS, AND TO DELETE THE PROVISION THAT ESTABLISHES THE DATE WHEN DRIVER'S LICENSE SUSPENSION PERIODS BEGIN AND WHEN CERTAIN APPEALS MAY BE FILED.
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(R65, S. 252 (Word version)) -- Senators M. Johnson, Adams, Kimbrell, Reichenbach, Senn, Garrett and Malloy: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO CHAPTER 2, TITLE 30 SO AS TO ENACT THE "LAW ENFORCEMENT PERSONAL INFORMATION PRIVACY PROTECTION ACT", TO GIVE LAW ENFORCEMENT OFFICERS THE OPTION OF MAKING PERSONAL CONTACT INFORMATION HELD BY STATE OR LOCAL GOVERNMENTS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, AND TO PROVIDE LIMITED EXCEPTIONS, TO PROVIDE RELATED PROCEDURES FOR EXERCISING THIS OPTION, AMONG OTHER THINGS; TO PROVIDE THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL CREATE A FORM FOR USE BY LAW ENFORCEMENT OFFICERS WHEN REQUESTING NONDISCLOSURE OF PERSONAL CONTACT INFORMATION, AND TO SPECIFY REQUIREMENTS FOR THE FORM; BY ADDING ARTICLE 7 TO CHAPTER 2, TITLE 30 SO AS TO ENACT THE "JUDICIAL PERSONAL PRIVACY PROTECTION ACT", TO GIVE ACTIVE OR FORMER MEMBERS OF THE JUDICIARY THE OPTION OF MAKING PERSONAL CONTACT INFORMATION HELD BY STATE OR LOCAL GOVERNMENTS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, TO PROVIDE LIMITED EXCEPTIONS, AND TO PROVIDE RELATED PROCEDURES FOR EXERCISING THIS OPTION, AMONG OTHER THINGS; AND TO PROVIDE SOUTH CAROLINA COURT ADMINISTRATION SHALL CREATE A FORM FOR USE BY ACTIVE OR FORMER MEMBERS OF THE JUDICIARY WHEN REQUESTING NONDISCLOSURE OF PERSONAL CONTACT INFORMATION, AND TO SPECIFY REQUIREMENTS FOR THE FORM.
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(R66, S. 284 (Word version)) -- Senators Davis, Turner, Jackson, Scott, Kimpson, Senn, Campsen and Sabb: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-1-530, RELATING TO USE OF REVENUE FROM LOCAL ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT THE DEVELOPMENT OF WORKFORCE HOUSING IS ONE OF THE PURPOSES FOR WHICH LOCAL ACCOMMODATIONS TAXES MAY BE USED; BY AMENDING SECTION 6-4-10, RELATING TO THE USE OF CERTAIN REVENUE FROM THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT THE DEVELOPMENT OF WORKFORCE HOUSING IS ONE OF THE PURPOSES FOR WHICH THE FUNDS MAY BE USED; BY AMENDING SECTION 6-4-15, RELATING TO THE USE OF REVENUES TO FINANCE BONDS, SO AS TO PROVIDE THAT THE DEVELOPMENT OF WORKFORCE HOUSING IS ONE OF THE PURPOSES FOR WHICH BONDS MAY BE ISSUED; BY ADDING SECTION 6-4-12 SO AS TO REQUIRE A LOCAL GOVERNMENT TO PREPARE A HOUSING IMPACT ANALYSIS BEFORE USING SUCH FUNDS FOR WORKFORCE HOUSING; BY AMENDING SECTIONS 6-4-5 AND 6-1-510, RELATING TO DEFINITIONS, SO AS TO ADD CERTAIN DEFINITIONS; BY AMDENDING SECTION 6-29-510, RELATING TO LOCAL PLANNING, SO AS TO REQUIRE THE PLANNING COMMISSION MUST SOLICIT INPUT FOR THE ANALYSIS FROM HOMEBUILDERS AND OTHER EXPERTS WHEN DEVELOPING A HOUSING ELEMENT FOR THE LOCAL COMPREHENSIVE PLAN; TO CREATE THE LAND DEVELOPMENT STUDY COMMITTEE TO EXAMINE CURRENT AND PROSPECTIVE METHODS TO PLAN FOR AND MANAGE LAND DEVELOPMENT; AND TO REQUIRE A REPORT DETAILING THE EFFECTS OF THIS ACT ON TOURSIM AND WORKFORCE HOUSING.
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(R67, S. 317 (Word version)) -- Senator Shealy: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-21-20, RELATING TO THE ESTABLISHMENT OF THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND OF SOUTH CAROLINA, SO AS TO REDUCE THE NUMBER OF BOARD MEMBERS FROM NINETEEN TO ELEVEN, TO PROVIDE FOR APPOINTMENT OF THOSE MEMBERS BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE REQUIREMENTS FOR THE APPOINTMENT OF THE MEMBERS, AND TO ESTABLISH A FOUR-YEAR TERM.
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(R68, S. 343 (Word version)) -- Senators Shealy, Jackson, Hutto and Sabb: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-7-130, RELATING TO DEFINITIONS IN THE STATE HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE ALL SHORT-TERM RESIDENTIAL STABILIZATION AND INTENSIVE CRISIS SERVICES IN THE DEFINITION OF CRISIS STABILIZATION UNIT FACILITIES AND TO CHANGE THE AGE OF THE INDIVIDUALS SERVED IN SAME.
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(R69, S. 360 (Word version)) -- Senator Sabb: AN ACT TO AMEND ACT 471 OF 2002, AS AMENDED, RELATING TO THE WILLIAMSBURG COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES, SO AS TO REQUIRE CANDIDATES SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN SIGNED PETITIONS.
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(R70, S. 399 (Word version)) -- Senators Peeler, Alexander, Malloy, Kimbrell and Grooms: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-1-20, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE CREATION OF A DEPARTMENT OF PUBLIC HEALTH TO ASSUME THE HEALTH-RELATED FUNCTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND FOR OTHER PURPOSES; BY AMENDING SECTIONS 44-1-60, 44-1-140, AND 44-1-150, ALL RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ALL SO AS TO MAKE CONFORMING CHANGES; BY REPEALING SECTIONS 1-30-45 AND 44-1-65 RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE PERMITTING OF CERTAIN ANIMAL FACILITIES; BY RENAMING CHAPTER 1 OF TITLE 44, "DEPARTMENT OF PUBLIC HEALTH"; BY ADDING CHAPTER 6 TO TITLE 48 SO AS TO CREATE THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO ASSUME THE ENVIRONMENTAL-RELATED FUNCTIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE FOR THE APPOINTMENT OF A DIRECTOR BY THE GOVERNOR, AND FOR OTHER PURPOSES; BY AMENDING CHAPTER 3 OF TITLE 49, RELATING TO WATER RESOURCES, SO AS TO TRANSFER THE WATER RESOURCES DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES TO THE DEPARTMENT OF ENVIRONMENTAL SERVICES AND FOR OTHER PURPOSES; BY AMENDING SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL SERVICES; BY ADDING SECTIONS 1-30-135 AND 1-30-140 SO AS TO MAKE CONFORMING CHANGES; BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 25 SO AS TO TRANSFER TO THE DEPARTMENT OF VETERANS' AFFAIRS THE AUTHORITY TO ESTABLISH AND OPERATE VETERANS HOMES; BY ADDING CHAPTER 57 TO TITLE 46 SO AS TO CREATE THE DIVISION OF FOOD SAFETY WITHIN THE DEPARTMENT OF AGRICULTURE AND TO TRANSFER CERTAIN FOOD SAFETY RESPONSIBILITIES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE DEPARTMENT OF AGRICULTURE; BY AMENDING SECTION 24-9-20, RELATING TO CERTAIN FOOD INSPECTIONS IN PRISON FACILITIES, SO AS TO TRANSFER INSPECTION RESPONSIBILITY TO THE DEPARTMENT OF AGRICULTURE; BY AMENDING SECTION 39-37-120, RELATING TO FROZEN MILK PRODUCT CONSUMER SAFETY, SO AS TO TRANSFER RESPONSIBILITY TO THE DEPARTMENT OF AGRICULTURE; BY AMENDING SECTION 1-23-600, RELATING TO CONTESTED CASE HEARINGS DECIDED BY CERTAIN BOARDS OR COMMISSIONS, SO AS TO MAKE CONFORMING CHANGES; BY REQUIRING THE DEPARTMENT OF ADMINISTRATION TO PERFORM CERTAIN FUNCTIONS TO EFFECT THE RESTRUCTURING OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE CREATION OF THE DEPARTMENT OF PUBLIC HEALTH AND DEPARTMENT OF ENVIRONMENTAL SERVICES, INCLUDING THE ANALYSIS OF THE PROGRAMS, SERVICES, AND POPULATIONS SERVED BY THE PREDECESSOR AGENCIES AND THE PREPARATION OF REPORTS SUMMARIZING THE ANALYSIS AND MAKING RECOMMENDATIONS AS TO THE APPROPRIATE STRUCTURE AND OPERATION OF THE RESTRUCTURED STATE AGENCIES; AND FOR OTHER PURPOSES.
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(R71, S. 459 (Word version)) -- Senator Grooms: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 55-9-235, SO AS TO PROVIDE FOR THE SALE AND CONSUMPTION OF LIQUOR BY THE DRINK THROUGHOUT THE TRANSPORTATION SECURITY ADMINISTRATION-SCREENED PORTION OF QUALIFYING SOUTH CAROLINA AIRPORTS.
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(R72, S. 549 (Word version)) -- Senator Grooms: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-395, RELATING TO THE DRIVER'S LICENSE REINSTATEMENT FEE PAYMENT PROGRAM, SO AS TO PROVIDE THE DRIVERS' LICENSES ISSUED UNDER THIS PROGRAM ARE VALID FOR AN ADDITIONAL SIX MONTHS, TO REVISE THE AMOUNT OF REINSTATEMENT FEES OWED BY PERSONS TO BECOME ELIGIBLE TO OBTAIN THESE DRIVERS' LICENSES, TO REVISE THE DISTRIBUTION OF THE ADMINISTRATIVE FEES COLLECTED, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY PROVIDE PERSONS IN THE PROGRAM A FEE SCHEDULE OF THE AMOUNTS OWED AND THE ABILITY TO MAKE ONLINE PAYMENTS, TO REVISE THE TYPES OF DRIVER'S LICENSE SUSPENSIONS THAT ARE COVERED BY THIS SECTION, AND TO REVISE THE FREQUENCY THAT PERSONS MAY PARTICIPATE IN THE PROGRAM AND THE CONDITIONS FOR FUTURE PARTICIPATION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO LIMIT THE TYPES OF QUALIFYING SUSPENSIONS; BY AMENDING SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, INSUREDS MUST OBTAIN NEW INSURANCE OR SURRENDER REGISTRATIONS AND PLATES, WRITTEN NOTICES BY INSURER, SUSPENSION OF REGISTRATIONS AND PLATES, APPEALS OF SUSPENSIONS, ENFORCEMENT, AND PENALTIES, SO AS TO REVISE THE PERIOD OF TIME VEHICLE OWNERS MUST SURRENDER MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES FOR CERTAIN UNINSURED MOTOR VEHICLES, TO DELETE THE PROVISION THAT GIVES THE DEPARTMENT OF MOTOR VEHICLES DISCRETION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATE METHODS OF PROVIDING CERTAIN NOTICES TO THE DEPARTMENT, TO DELETE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO APPEAL CERTAIN SUSPENSIONS TO THE DEPARTMENT OF INSURANCE FOR FAILURE TO MEET THE STATE'S FINANCIAL RESPONSIBILITY REQUIREMENTS IN ERROR, AND TO ALLOW THESE PERSONS TO PROVIDE CERTAIN DOCUMENTS TO SHOW THE SUSPENSION WAS ISSUED IN ERROR; BY AMENDING SECTION 56-10-245, RELATING TO THE PER DIEM FINES FOR LAPSE IN REQUIRED MOTOR VEHICLE INSURANCE COVERAGE, SO AS TO PROVIDE THE FINES CONTAINED IN THE SECTION MAY NOT EXCEED TWO HUNDRED DOLLARS PER VEHICLE FOR A FIRST OFFENSE; BY AMENDING ARTICLE 5 OF CHAPTER 10, TITLE 56, RELATING TO THE ESTABLISHMENT OF THE UNINSURED MOTORIST FUND, SO AS TO REVISE THE PROVISIONS OF THIS ARTICLE TO REGULATE THE OPERATION OF UNINSURED MOTOR VEHICLES, TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT AND COLLECTION OF UNINSURED MOTOR VEHICLE FEES, TO MAKE TECHNICAL CHANGES, TO REVISE THE AMOUNT OF THE MOTOR VEHICLE REINSTATEMENT FEE AND PROVIDE IT SHALL BE INCREASED ANNUALLY, TO PROVIDE SUSPENDED LICENSES, REGISTRATION CERTIFICATES, LICENSE PLATES, AND DECALS MAY BE RETURNED TO THE DEPARTMENT OF MOTOR VEHICLES BY ELECTRONIC MEANS OR IN PERSON, AND TO DELETE THE PROVISIONS THAT REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO COLLECT STATISTICS REGARDING VARIOUS MOTOR VEHICLE REGISTRATION, INSURANCE, AND UNINSURED MOTORIST FUND ISSUES; BY AMENDING SECTION 56-9-20, RELATING TO DEFINITIONS FOR THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO REVISE REFERENCES IN THE DEFINITIONS OF "INSURED MOTOR VEHICLE" AND "UNINSURED MOTOR VEHICLE"; BY AMENDING SECTION 56-3-210, RELATING TO THE TIME PERIOD FOR PROCURING MOTOR VEHICLE REGISTRATIONS AND LICENSES, TEMPORARY LICENSE PLATES, AND THE TRANSFER OF LICENSE PLATES, SO AS TO REVISE THE REQUIREMENT FOR TEMPORARY LICENSE PLATES AND WHO MAY DISTRIBUTE TEMPORARY LICENSE PLATES; BY ADDING SECTION 56-3-211 SO AS TO PROVIDE FOR THE ISSUANCE OF TEMPORARY LICENSE PLATES TO CERTAIN MOTOR VEHICLES AND FARM TRUCKS; BY ADDING SECTION 56-3-212 SO AS TO PROVIDE FOR THE ISSUANCE OF TEMPORARY LICENSE PLATES TO CERTAIN MOTOR VEHICLES; BY ADDING SECTION 56-3-213 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL PERMITS TO OPERATE CERTAIN MOTOR VEHICLES; BY AMENDING SECTION 56-3-2340, RELATING TO LICENSED MOTOR VEHICLE DEALERS ISSUING FIRST-TIME REGISTRATIONS AND LICENSE PLATES FROM DEALERSHIPS, CERTIFICATIONS OF THIRD-PARTY PROVIDERS, AND FEES, SO AS TO REVISE THE ISSUANCE OF TEMPORARY MOTOR VEHICLE REGISTRATIONS AND LICENSE PLATES; BY ADDING SECTION 56-3-214 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL IMPLEMENT A QUALITY ASSURANCE PROGRAM TO ENSURE THE INTEGRITY OF THE ELECTRONIC REGISTRATION AND TITLING PROGRAM; BY AMENDING SECTION 8-21-15, RELATING TO NO FEES FOR PERFORMING DUTIES, RESPONSIBILITIES, OR FUNCTIONS OF THE AGENCY UNLESS AUTHORIZED BY STATUTE AND REGULATION, SO AS TO PROVIDE THAT THE AGENCY MAY COLLECT VENDOR FEES, CONVENIENCE FEES, TRANSACTION FEES, OR SIMILAR FEES WHEN RECEIVING PAYMENTS BY ANY PAYMENT METHOD OTHER THAN CASH; BY AMENDING SECTION 56-14-30, RELATING TO LICENSES FOR RECREATIONAL VEHICLE DEALERS, EXHIBITION LICENSES, FEES, AND PENALTIES, SO AS TO REVISE THE EXPIRATION DATE OF LICENSES AND FEES, TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES PROVIDE CERTAIN INFORMATION TO LICENSE APPLICANTS NEEDED IN AUDITS OR REVIEWS, AND TO PROVIDE FOR DEPARTMENTAL INSPECTIONS AND COMPLAINTS ARISING FROM ALLEGED VIOLATIONS, TO REVISE PENALTIES FOR THE UNAUTHORIZED SALE OF RECREATIONAL VEHICLES, AND TO PROVIDE FOR THE ENFORCEMENT OF THIS SECTION AND DISBURSEMENT OF FINES; BY AMENDING SECTION 56-14-40, RELATING TO APPLICATIONS FOR RECREATIONAL VEHICLE DEALER LICENSES, BONDS, AND THE DUTY TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHERE INFORMATION GIVEN BY APPLICANTS CHANGES OR LICENSEES CEASE OPERATIONS, SO AS TO REVISE THE BOND AMOUNTS REQUIRED, TO PROVIDE FOR THE PAYMENT OF BACK TAXES OR FEES, AND TO PROVIDE FOR THE CONTINUANCE OF THE BUSINESS IN THE EVENT OF LICENSEES' DEATHS; BY AMENDING SECTION 56-14-50, RELATING TO REQUIREMENTS REGARDING DEALERS' MAINTENANCE OF BONA FIDE PLACES OF BUSINESS AND PERMANENT SIGNS, SO AS TO PROVIDE FOR BUSINESS OPERATIONS ON PROPERTY ADJACENT TO A LICENSEE'S BONA FIDE ESTABLISHED PLACE OF BUSINESS; BY AMENDING SECTION 56-14-70, RELATING TO DENIALS, SUSPENSIONS, OR REVOCATIONS OF DEALER LICENSES, SO AS TO REVISE THE REASONS THAT THE DEPARTMENT OF MOTOR VEHICLES MAY DENY, SUSPEND, OR REVOKE A LICENSE; BY AMENDING SECTION 56-15-310, RELATING TO DEALER AND WHOLESALER LICENSES, TERMS OF LICENSES, FEES, SCOPE OF LICENSES, AND PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE TIME PERIOD FOR A VALID LICENSE TO THIRTY-SIX MONTHS, TO INCREASE THE LICENSE FEE, TO REVISE THE LOCATIONS WHERE A LICENSE MAY OPERATE, TO ELIMINATE THE TEMPORARY LICENSE, TO PROVIDE FOR A CURE PERIOD FOR CERTAIN COMPLAINTS FROM CONSUMERS, TO INCREASE THE PENALTY, TO ALLOW LAW ENFORCEMENT AGENCIES TO ENFORCE THIS PROVISION, AND TO PROVIDE FOR THE DISTRIBUTION OF FINES; BY AMENDING SECTION 56-15-320, RELATING TO APPLICATIONS FOR LICENSES, BONDS, AND DUTIES UPON CHANGE OF CIRCUMSTANCES AND TERMINATION OF BUSINESSES RELATING TO WHOLESALERS AND DEALERS, SO AS TO PROVIDE THAT NEW BONDS OR CONTINUATION CERTIFICATES MUST BE PROVIDED TO THE DEPARTMENT OF MOTOR VEHICLES EVERY TWELVE MONTHS DURING A LICENSE PERIOD, TO PROVIDE WHEN DEALERS' LICENSES EXPIRE, TO PROVIDE FOR THE RECOVERY OF BACK TAXES AND FEES, TO INCREASE THE AGGREGATE LIABILITY OF SURETIES FOR CLAIMS, AND TO PROVIDE FOR THE CONTINUATION OF BUSINESSES IN THE EVENT OF LICENSEES' DEATHS; BY AMENDING SECTION 56-15-330, RELATING TO FACILITIES REQUIRED FOR ISSUANCE OF DEALERS' LICENSES, SO AS TO INCLUDE WHOLESALERS, AND TO PROVIDE FOR BUSINESS OPERATIONS ON PROPERTY ADJACENT TO OR WITHIN SIGHT OF BONA FIDE ESTABLISHED PLACES OF BUSINESS; BY AMENDING SECTION 56-15-350, RELATING TO DENIALS, SUSPENSIONS, OR REVOCATIONS OF LICENSES, GROUNDS, AND PROCEDURES, SO AS TO REVISE THE GROUNDS FOR DENIALS, SUSPENSIONS, OR REVOCATIONS OF A LICENSE; BY ADDING CHAPTER 37 TO TITLE 56 SO AS TO ESTABLISH THE MOTOR VEHICLE DEALER PERFORMANCE EVALUATION SYSTEM TO EVALUATE THE PERFORMANCE RECORD OF DEALERS LICENSED UNDER THIS TITLE, TO CREATE A DEALER REVIEW BOARD, AND PROVIDE A PROCESS TO SUSPEND OR REVOKE DEALERS' LICENSES FOR CERTAIN VIOLATIONS; BY AMENDING SECTION 56-16-140, RELATING TO LICENSES FOR MOTORCYCLE DEALERS OR WHOLESALERS, EXHIBITION LICENSES, FEES, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO PROVIDE THE SECTION ALSO APPLIES TO MOTORCYCLE WHOLESALERS, TO PROVIDE THE LICENSES LAST FOR THIRTY-SIX MONTHS, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MUST PROVIDE CERTAIN INFORMATION TO LICENSE APPLICANTS, TO PROVIDE COMPLAINT PROCEDURES, TO REVISE THE PENALTIES FOR DEALERS SELLING MOTORCYCLES WITHOUT LICENSES, AND TO PROVIDE FOR THE DISTRIBUTION OF FINES; BY AMENDING SECTION 56-16-150, RELATING TO APPLICATIONS FOR MOTORCYCLE DEALERS' OR WHOLESALERS' LICENSES, BONDS, AND THE DUTY TO NOTIFY THE DEPARTMENT OF MOTOR VEHICLES WHERE INFORMATION GIVEN BY APPLICANTS CHANGE OR LICENSEES CEASE OPERATIONS, SO AS TO PROVIDE THE PROVISION APPLIES TO MOTORCYCLE WHOLESALERS AND DEALERS, TO REVISE THE BOND REQUIREMENTS, TO PROVIDE FOR THE RECOVERY OF BACK TAXES AND FEES, AND TO PROVIDE FOR THE CONTINUATION OF BUSINESS IN THE EVENT OF LICENSEES' DEATHS; BY AMENDING SECTION 56-16-160, RELATING TO REQUIREMENTS REGARDING MOTORCYCLE DEALERS' MAINTENANCE OF BONA FIDE ESTABLISHED PLACES OF BUSINESS, SIZE OF BUSINESSES, AND PERMANENT SIGNS, SO AS TO PROVIDE THAT DEALERS MAY CONDUCT BUSINESS ON PROPERTY ADJACENT TO BONA FIDE ESTABLISHED PLACES OF BUSINESS UNDER CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 56-16-180, RELATING TO DENIALS, SUSPENSIONS, OR REVOCATIONS OF CERTAIN LICENSES, SO AS TO REVISE THE REASONS THE DEPARTMENT OF MOTOR VEHICLES MAY DENY, SUSPEND, OR REVOKE MOTORCYCLE DEALERS' LICENSES; BY AMENDING SECTION 56-19-370, RELATING TO PROCEDURES FOR VOLUNTARY TRANSFERS AND DEALERS PURCHASING VEHICLES FOR RESALE, SO AS TO PROVIDE PROCEDURES FOR DEALERS TO TITLE AND REGISTER CERTAIN VEHICLES, AND PENALTIES FOR VIOLATING THESE PROVISIONS; TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES SHALL ENSURE THAT NO ONE IS REGISTERED AS AN UNINSURED MOTORIST; TO REPEAL SECTIONS 56-3-180, 56-3-215, ARTICLE 29 OF CHAPTER 3, TITLE 56, AND ARTICLE 30 OF CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF CERTAIN SPECIAL PERMITS, TEMPORARY PERMITS, TEMPORARY LICENSE PLATES, AND REGISTRATION CARDS BY THE DEPARTMENT OF MOTOR VEHICLES, TO AMEND SECTION 56-23-60, RELATING TO STANDARDS FOR OPERATING DRIVER TRAINING SCHOOLS, SO AS TO DELETE THE TERM "DEFENSIVE DRIVING COURSE" AND REPLACE IT WITH THE TERM "DRIVER TRAINING COURSE"; BY ADDING SECTION 56-23-105 SO AS TO DEFINE THE TERM "CLASSROOM TRAINING"; TO AMEND SECTION 56-1-20, RELATING TO REQUIRING CERTAIN PERSONS TO POSSESS DRIVERS' LICENSES TO DRIVE MOTOR VEHICLES, SO AS TO PROVIDE CERTAIN DRIVERS POSSESSING OUT-OF-STATE DRIVERS' LICENSES MUST SURRENDER THEM WITHIN FORTY-FIVE DAYS OF BECOMING RESIDENTS BEFORE BEING ISSUED SOUTH CAROLINA DRIVERS' LICENSES; TO AMEND SECTION 56-1-220, RELATING TO VISION SCREENING TESTS REQUIRED FOR RENEWAL OF DRIVERS' LICENSES, SO AS TO PROVIDE EXEMPTIONS FOR CERTAIN ACTIVE-DUTY MEMBERS OF THE ARMED FORCES; AND TO AMEND SECTION 56-23-40, RELATING TO DRIVER TRAINING SCHOOL LICENSE FEES, SO AS TO INCREASE FEES AND REVISE THE LICENSES' EXPIRATION DATE.
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(R73, S. 564 (Word version)) -- Senator Matthews: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-330, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO ADD ONE PRECINCT, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
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(R74, S. 569 (Word version)) -- Senators Shealy, Alexander, Peeler, Garrett, Gambrell, Kimbrell, Young, M. Johnson, Turner, Sabb, Matthews, Campsen, Setzler and Malloy: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-36-320, RELATING TO THE DUTIES OF THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER, SO AS TO ADD TO THE CENTER'S DUTIES CONCERNING THE STATEWIDE PLAN TO ADDRESS ALZHEIMER'S DISEASE AND RELATED DEMENTIAS; BY AMENDING SECTION 44-36-330, RELATING TO THE ADVISORY COUNCIL TO THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER, SO AS TO PROVIDE THAT THE ADVISORY COUNCIL MUST DEVELOP A STATEWIDE PLAN TO ADDRESS ALZHEIMER'S DISEASE AND RELATED DEMENTIAS AND TO PROVIDE THAT THE STATEWIDE PLAN MUST BE UPDATED EVERY FIVE YEARS; AND TO PROVIDE THAT THE STATEWIDE PLAN MUST BE UPDATED IN 2028 AND EVERY FIVE YEARS THEREAFTER.
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(R75, S. 639 (Word version)) -- Senator Climer: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-530, RELATING TO DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO ADD NEW PRECINCTS, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS MAY BE FOUND ON FILE WITH THE REVENUE AND FISCAL AFFAIRS OFFICE.
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(R76, S. 739 (Word version)) -- Senators Setzler, Alexander, Peeler, Williams, Davis, Talley and Malloy: A JOINT RESOLUTION PROVIDING FOR A ONE-TIME AUTHORIZATION FOR USE OF CERTAIN REMAINING SOUTH CAROLINA HOUSING TAX CREDITS PROVIDED PURSUANT TO SECTION 1.B.1 OF ACT 202 OF 2022, CERTAIN REMAINING SOUTH CAROLINA HOUSING TAX CREDITS AUTHORIZED PURSUANT TO SECTION 12-6-3795 FOR THE TAX YEAR ENDING DECEMBER 31, 2023, CERTAIN FEDERAL LOW-INCOME HOUSING CREDITS, AND NOT EXCEEDING $25 MILLION IN ONE-TIME, NONRECURRING FUNDING FROM THE SOUTH CAROLINA HOUSING TRUST FUND ESTABLISHED PURSUANT TO ARTICLE 4 OF CHAPTER 13, TITLE 31 OF THE SOUTH CAROLINA CODE, ALL FOR THE LIMITED PURPOSE OF PROVIDING SUPPLEMENTAL FINANCIAL SUPPORT TO ADDRESS ESCALATIONS AND OTHER COSTS FOR CERTAIN MULTIFAMILY HOUSING DEVELOPMENTS.
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(R77, S. 764 (Word version)) -- Senators Climer, M. Johnson and Peeler: AN ACT TO AMEND ACT 470 OF 2000, AS AMENDED, RELATING TO THE ELECTION DISTRICTS OF MEMBERS OF ROCK HILL SCHOOL DISTRICT 3 IN YORK COUNTY, SO AS TO REAPPORTION THESE ELECTION DISTRICTS, TO UPDATE THE MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THESE REVISED ELECTION DISTRICTS.
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(R78, H. 3209 (Word version)) -- Reps. Jordan, Murphy, Brewer, Williams, Henegan and Alexander: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENTAL APPROVALS AFFECTING ECONOMIC DEVELOPMENT WITHIN THE STATE.
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(R79, H. 3340 (Word version)) -- Reps. Dillard, Henegan, Hyde, Felder, King, Howard, Bernstein and Williams: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-330, RELATING TO THE ENDANGERED PERSON NOTIFICATION SYSTEM, SO AS TO PROVIDE THE SYSTEM ALSO SHALL PROVIDE FOR THE DISSEMINATION OF INFORMATION REGARDING MISSING PERSONS BELIEVED TO BE SUFFERING ALZHEIMER'S DISEASE OR A DEVELOPMENTAL DISABILITY SUCH AS AUTISM SPECTRUM DISORDER THROUGH THE USE OF WIRELESS EMERGENCY ALERT NOTIFICATIONS, DEPARTMENT OF TRANSPORTATION MESSAGE SIGNS, SLED WIRELESS EMERGENCY ALERTS, AND CERTAIN MEDIA OUTLETS.
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(R80, H. 3433 (Word version)) -- Reps. Hixon and W. Newton: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 50-5-2545 RELATING TO POINTS AND SUSPENSIONS PRIOR TO THE MARINE RESOURCES ACT OF 2000; BY REPEALING SECTION 50-9-1160 RELATING TO JUDICIAL REVIEW OF A SUSPENSION OF HUNTING AND FISHING PRIVILEGES; BY AMENDING SECTION 50-5-2510, RELATING TO THE SUSPENSION OF SALTWATER PRIVILEGES FOR THE ACCUMULATION OF POINTS, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-5-2515, RELATING TO THE NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO ALLOW FOR WRITTEN NOTICE BY UNITED STATES MAIL; BY AMENDING SECTION 50-9-1140, RELATING TO THE SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; AND BY AMENDING SECTION 50-9-1150, RELATING TO THE NOTICE OF SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO ALLOW FOR WRITTEN NOTICE BY UNITED STATES MAIL AND TO PROVIDE FOR A METHOD OF APPEAL.
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(R81, H. 3538 (Word version)) -- Reps. Hixon, Nutt, Haddon, Kirby and Forrest: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-546, RELATING TO ELECTRONIC HARVEST REPORTING, SO AS TO INCLUDE REFERENCES TO BIG GAMES SPECIES AND TO OUTLINE REQUIREMENTS OF THE PERSON WHO TAKES A BIG GAME CARCASS FOR PROCESSING AND OF THE PROCESSOR; BY AMENDING SECTION 50-11-320, RELATING TO THE ISSUANCE OF TAGS FOR HUNTING AND TAKING DEER, SO AS TO INCLUDE A REFERENCE TO THE ELECTRONIC HARVEST REPORTING SYSTEM; BY AMENDING SECTION 50-11-390, RELATING TO THE DEPARTMENTAL AUTHORITY OF GAME ZONES, SO AS TO INCLUDE A REFERENCE TO THE ELECTRONIC HARVEST REPORTING SYSTEM; AND BY AMENDING SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR VIOLATIONS, SO AS TO INCLUDE A REFERENCE TO BIG GAME SPECIES.
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(R82, H. 3583 (Word version)) -- Reps. Guffey, Lawson, Pace, Haddon, O'Neal, Pope, Ligon, B. Newton, Sessions, Anderson, Taylor, Carter, Brewer, Murphy, White, Guest, Mitchell, Pedalino, Oremus, Wooten, Caskey, Leber, Landing, Chapman, Vaughan, Hiott, Gilliam, Cromer, B.L. Cox, Moss, T. Moore, Beach, J.L. Johnson, Hartnett, Bauer, Schuessler, Bailey, Neese, W. Newton, Jordan, Hewitt, King, Gilliard, Williams, Jefferson, Weeks, Trantham, Nutt, McCravy, Robbins, Ballentine, Calhoon, M.M. Smith, Davis, Cobb-Hunter, Henegan, G.M. Smith, Atkinson, Erickson, W. Jones, Blackwell, McDaniel, J.E. Johnson, S. Jones, Willis, Alexander and Felder: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING "GAVIN'S LAW" BY ADDING SECTION 16-15-430 SO AS TO CREATE THE OFFENSES OF "SEXUAL EXTORTION" AND "AGGRAVATED SEXUAL EXTORTION", TO DEFINE NECESSARY TERMS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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(R83, H. 3691 (Word version)) -- Reps. G.M. Smith, M.M. Smith, Davis, B.L. Cox, Pace, Guest, Leber, J.E. Johnson, Pope, Brittain, McGinnis, Hardee, Hewitt, Jordan, Thayer, Anderson, Rutherford, Trantham, Bailey, Schuessler, Gagnon, Beach, Oremus, Forrest, S. Jones, Taylor, Hixon, Blackwell, Collins, Bannister, Hiott, Carter, O'Neal, Ligon, Guffey, Sessions, T. Moore, Nutt, Hayes, Yow, Mitchell, Connell, Hager, B. Newton, White, Landing, Kirby, Moss, Bustos, Long, Caskey, Cromer and Weeks: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-5-135 SO AS TO ALLOW CORONERS, DEPUTY CORONERS, OR CORONERS' DESIGNEES TO POSSESS AND ADMINISTER OPIOID ANTIDOTES UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 44-130-90 SO AS TO PROVIDE PROCEDURES FOR THE ADMINISTRATION OF OPIOID ANTIDOTES BY CORONERS, DEPUTY CORONERS, AND CORONERS' DESIGNEES AND FOR THE REPORTING OF THEIR USE; BY AMENDING SECTION 17-5-510, RELATING TO DUTIES OF CORONERS AND MEDICAL EXAMINERS, SO AS TO RESTATE THE SECTION; AND BY ADDING SECTION 17-5-150 SO AS TO PROVIDE THAT CORONERS AND DEPUTY CORONERS ARE CONSIDERED PUBLIC SAFETY OFFICERS IF KILLED IN THE LINE OF DUTY.
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(R84, H. 3726 (Word version)) -- Reps. G.M. Smith, West, Ballentine, Davis, Hager, Hewitt, Kirby, Long, B. Newton, Ott, M.M. Smith, Stavrinakis, Tedder, Robbins, Brewer, Murphy, Taylor, Leber, Sandifer, Ligon, Williams, Anderson, Blackwell, Nutt, McCravy, Mitchell, Yow, W. Newton, Weeks, Alexander, Pope, Hixon, Forrest and King: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 30 TO TITLE 41 SO AS TO ENACT THE "STATEWIDE EDUCATION AND WORKFORCE DEVELOPMENT ACT", TO STATE THE PURPOSE OF THE CHAPTER, TO CREATE THE OFFICE OF STATEWIDE WORKFORCE DEVELOPMENT IN THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE AND PROVIDE FOR THE MANAGEMENT AND FUNCTIONS OF THE OFFICE, TO TRANSFER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT TO THE DEPARTMENT AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COUNCIL, TO CREATE AN EXECUTIVE COMMITTEE OF THE COORDINATING COUNCIL AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COMMITTEE, TO REDESIGNATE REGIONAL EDUCATION CENTERS AS REGIONAL WORKFORCE ADVISORS AND PROVIDE FOR THE OVERSIGHT, FUNCTIONS, RESPONSIBILITIES, AND GEOGRAPHIC CONFIGURATION REQUIREMENTS OF THE CENTERS, AMONG OTHER THINGS; TO AMEND SECTION 41-31-160, RELATING TO CONTRIBUTION AND WAGE REPORTS REQUIRED BY THE DEPARTMENT, SO AS TO REVISE CRITERIA FOR EMPLOYERS WHO MUST FILE THE REPORTS, AND TO REQUIRE THE ELECTRONIC FILING OF THE REPORTS ABSENT DEMONSTRATED HARDSHIP; TO AMEND SECTION 41-35-615, RELATING TO DEPARTMENT NOTICES TO EMPLOYERS CONCERNING INSURED STATUS DETERMINATIONS AND EMPLOYER RESPONSES, SO AS TO REQUIRE THE ELECTRONIC FILING OF CERTAIN EMPLOYER RESPONSES ABSENT DEMONSTRATED HARSDSHIP; AND BY REPEALING ARTICLE 13 OF CHAPTER 1, TITLE 13 RELATING TO OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT OF COMMERCE, AND ARTICLE 15 OF CHAPTER 1, TITLE 13 RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT.
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(R85, H. 3890 (Word version)) -- Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGEMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGEMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE OR A DISTURBING SCHOOLS OFFENSE.
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(R86, H. 4049 (Word version)) -- Reps. Sandifer, Anderson, West, McGinnis, Hardee, Brittain, Neese, W. Newton and Caskey: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 33-7-101, 33-31-701, 33-7-102, AND 33-31-702, ALL RELATING TO MEETINGS, SO AS TO ALLOW FOR REMOTE COMMUNICATION.
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(R87, H. 4115 (Word version)) -- Reps. Sandifer, Ott and Brewer: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-11-10, RELATING TO THE CREATION OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD, SO AS TO MAKE A TECHNICAL CORRECTION; BY AMENDING SECTION 40-11-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF CONTRACTORS, SO AS TO REVISE DEFINITIONS AND PROVIDE NEW DEFINITIONS; BY AMENDING SECTION 40-11-30, RELATING TO CONTRACTING WORK FOR WHICH LICENSURE IS REQUIRED, SO AS TO INCREASE THE MINIMUM COST REQUIREMENT OF SUCH WORK; BY AMENDING SECTION 40-11-100, RELATING TO ADMINISTRATIVE PENALTIES FOR VIOLATIONS, SO AS TO REVISE THE PENALTIES; BY AMENDING SECTION 40-11-110, RELATING TO DISCIPLINARY ACTIONS, SO AS TO REVISE THE GROUNDS FOR DISCIPLINARY ACTIONS, AMONG OTHER THINGS; BY AMENDING SECTION 40-11-230, RELATING CRITERIA FOR INDIVIDUALS TO BE PRIMARY QUALIFYING PARTIES, SO AS TO REVISE THE CRITERIA; BY AMENDING SECTION 40-11-240, RELATING TO CRITERIA FOR LICENSURE, SO AS TO REVISE THE CRITERIA; BY AMENDING SECTION 40-11-250, RELATING TO RENEWALS OF LAPSED LICENSES, SO AS TO PROVIDE RENEWALS COMPLETED WITHIN NINETY DAYS AFTER EXPIRATION ARE CONSIDERED RENEWED RETROACTIVELY TO THE EXPIRATION DATE AND PERIODS OF LICENSURE LAPSE ARE ELIMINATED; BY AMENDING SECTION 40-11-260, RELATING TO LICENSEE FINANCIAL STATEMENTS AND FINANCIAL REQUIREMENTS, SO AS TO REVISE SUCH REQUIREMENTS FOR LICENSE GROUPS AND TO PROHIBIT DISCLOSURE OF APPLICANT FINANCIAL STATEMENT INFORMATION; BY AMENDING SECTION 40-11-262, RELATING TO SURETY BONDS IN LIEU OF PROVIDING FINANCIAL STATEMENTS, SO AS TO MAKE CONFORMING CHANGES AND TO PROVIDE THE BOARD MAY INCREASE BOND REQUIREMENTS IN CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 40-11-290, RELATING TO LICENSURE OF APPLICANTS LICENSED IN OTHER STATES, SO AS TO SPECIFY THE EXAMINATION SUCH APPLICANTS MAY BE REQUIRED TO PASS; BY AMENDING SECTION 40-11-320, RELATING TO CONSTRUCTION MANAGERS, SO AS TO REVISE REGISTRATION PROCEDURES; BY AMENDING SECTION 40-11-360, RELATING TO EXEMPTIONS FROM APPLICATION OF THE CHAPTER AND REQUIRED CONTENT OF POSTERS DISTRIBUTED TO BUILDING PERMIT OFFICES, SO AS TO REVISE THE EXEMPTIONS, AND ELIMINATE THE POSTER REQUIREMENT, AMONG OTHER THINGS; BY AMENDING SECTION 40-11-410, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS, SO AS TO REVISE THE CLASSIFICATIONS; BY REPEALING SECTION 40-11-390 RELATING TO UNLICENSED ENTITIES ENGAGING IN GENERAL OR MECHANICAL CONSTRUCTION PRIOR TO APRIL 1, 1999; AND BY REPEALING SECTION 40-11-400 RELATING TO QUALIFYING PARTY CERTIFICATES.
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Senator JACKSON assumed the Chair.
In commemoration of continuous service with the State of South Carolina, Senator ALEXANDER, PRESIDENT of the Senate, presented a certificate and service pin to the following Senator for his years of service:
30 Year Pins
Senator Michael Fanning
Senator ALEXANDER, PRESIDENT of the Senate, presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
10 Year Pins
Amy Wiesehahn
Carlos Whitmore
20 Year Pins
Lynn Ballentine
Lisa Dial
David Owens
Anna Rushing
30 Year Pins
Jean Tisdale
Andrea Truitt
40 Year Pins
Barbara Lengel
Martha Casto
All were highly commended for their years of devoted and loyal service.
At 12:17 P.M., the PRESIDENT assumed the Chair.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, South Carolina State Board for Technical and Comprehensive Education, with the term to commence July 1, 2020, and to expire July 1, 2026
2nd Congressional District:
Ben W. Satcher, Jr., 358 Catawba Court, Lexington, SC 29072-9500 VICE William H. Floyd, III
Referred to the Committee on Education.
Reappointment, South Carolina State Board of Medical Examiners, with the term to commence December 31, 2022, and to expire December 31, 2026
At-Large Doctor:
Theresa Mills-Floyd, 47 Love Valley Court, Chapin, SC 29036-8591
Referred to the Committee on Medical Affairs.
Initial Appointment, South Carolina State Board of Pharmacy, with the term to commence June 30, 2023, and to expire June 30, 2029
1st Congressional District:
Dottie Farfone, 2690 Cotton Gin Road, Johns Island, SC 29455-7412 VICE Lauren B. Thomas
Referred to the Committee on Medical Affairs.
Reappointment, Allendale County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Willard D. Branch, P.O. Box 57, Fairfax, SC 29827-0057
Reappointment, Berkeley County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Evonne J. Whaley, 423 Jenkinsridge Lane, Pineville, SC 29468
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
James B. Gosnell, Jr., 1233 Bamboo Drive, Charleston, SC 29407
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laura Dukes Beck, 176 Croghan Spur Road, Suite 400, Charleston, SC 29407
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Alvin E. Bligen, 1305 Joshua Dr., Charleston, SC 29407-5112
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Frances L. Coain-Lofton, 10009 North Highway 17, McClellanville, SC 29458-9482
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Lauren Ellison Fox, 2127 Pentland Dr., Charleston, SC 29412-2781 VICE Nicholas J. Clekis
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
William Stephen Harris, Jr., 3224 Hydrangea Trail, Johns Island, SC 29455
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amanda Stilley Haselden, 3831 Leeds Avenue, Suite 200, North Charleston, SC 29405-7469
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Ittriss Jermain Jenkins, 16 Dewey Street, Charleston, SC 29403-4121
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amy Jowers Mikell, 247 Ashley Avenue, Charleston, SC 29403-5493
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Sheryl Mitchell Perry, 7836 Highway 162, Hollywood, SC 29449
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amy B. Rothschild, 3073 Rice Field Lane, Mt. Pleasant, SC 29466-7194
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Richardine L. Singleton-Brown, 2172 Edward D. Singleton Drive, Charleston, SC 29412
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Joy D. Stoney, P. O. Box 1262, Johns Island, SC 29457-1262
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
JoAnna E. Summey, 6185 Rivers Avenue, Suite E, North Charleston, SC 29406-4999
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laura Campbell Waring, 15 Moore Drive, Charleston, SC 29407-7229
Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Edward P. Suppiger, 147 Petty Drive, Gaffney, SC 29341-4224 VICE David Clary
Initial Appointment, Chester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
W. Cyrus Corbett, 1263 Silverbrook Rd., Chester, SC 29706-8531 VICE Dana Greenleaf
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Russell A. Demott, 1001 Mount Whitney Drive, Summerville, SC 29483-3323
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tara L. Frost, 141 Gadsden Street, Summerville, SC 29483-4320
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amanda M. Leviner, 207 West Richardson Ave., Summerville, SC 29483-6023
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tera S. Richardson, 214 Eagle Ridge Road, Summerville, SC 29485-8480
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Peter Brandt Shelbourne, 116 South Oak Street, Summerville, SC 29483-3734
Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Julie B. Stewart, 106 Tabby Lane, Summerville, SC 29485-8426
Senator SENN desired to be recorded as abstaining in the confirmation of Julie B. Stewart.
Reappointment, Florence County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
Jerry F. Rivers, 1808 Benjamin Blvd., Florence, SC 29501-6309
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
John A. Love, 3827 El Duce Place, Myrtle Beach, SC 29588-4629
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
James McKenzie, 7 Gillette Place, Murrells Inlet, SC 29576-5238
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Steven C. Pop, 47 Deer Moss Court, Pawley's Island, SC 29585-8170
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Benjamin C. Allen, 4041 J and S Countryside Road, Conway, SC 29527-6658
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Christopher J. Arakas, 804 Calhoun Rd., Myrtle Beach, SC 29577-2254
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Manuela Clayton, 1618 Bay Tree Lane, Myrtle Beach , SC 29575-5253
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Monte L. Harrelson, P. O. Box 153, Green Sea, SC 29545-0153
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Mark Ashley Harris, 3817 Walnut St., Loris, SC 29569-2333
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
William N. Hutson, 383 William Nobles Rd., Aynor, SC 29511-2816
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Margie Livingston, 1201 3Rd Ave., Conway, SC 29526-5105
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Bradley D. Mayers, 511 Beaty Street, Conway, SC 29526
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Gerald Whitley, 107 Highway 57 N., Little River, SC 29566-7050
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Rebecca Adams, 111 Lincreek Dr., Columbia, SC 29212-8102
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Brian N. Buck, 104 Oaks Court, Lexington, SC 29072-7496
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Matthew A. Johnson, 3144 Sierra Drive, West Columbia, SC 29170-2713
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Gary S. Morgan, 217 Peach Place Court, Gilbert, SC 29054-8594
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Arther L. Myers, 1297 Savannah Hwy., Swansea, SC 29160-9240
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, SC 29053-9045
Initial Appointment, Newberry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laverne Brock, 138 Glenn Street, Whitmire, SC 29178-1313 VICE Gordon Johnson Sr.
Initial Appointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Wanda Govan, 143 Sweet Maple Drive, Orangeburg, SC 29118 VICE Robert Lake Hill
Reappointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Valerie Lawrence, 108 Ty Drive, Eutawville, SC 29048-8973
Reappointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Donald Rhett West, 6426 Charleston Hwy., Bowman, SC 29018-8761
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Stephanie Bess, 520 Wild Hickory Lane, Columbia, SC 29216-8038
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Michelle Branch-Howard, 2364 Lang Road, Columbia, SC 29204-1289
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Harold A. Cuff, 516 Motley Road, Hopkins, SC 29061
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tomothy C. Edmond, 6101 Easter Dr., Columbia, SC 29203
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Patience Orbriel Van Ellis, 192 Traditions Circle, Columbia, SC 29229-8050
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Diedra Hightower, 613 Dulaney Bvd., Columbia, SC 29229-7416
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Deirde Simmons, P. O. Box 2910062, Columbia, SC 29229-0018
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Valerie R. Stroman, Post Office Box 9381, Columbia, SC 29290-0381
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Kela E. Thomas, 22 Sunturf Circle, Columbia, SC 29223-6717
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Christina Thompson, 700 Woodrow Street, #606, Columbia, SC 29205
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Margaret Strom Williams, 1420 Hagood Ave., Columbia, SC 29205-1327
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Barbara J. Wofford-Kanwat, 108 King Charles Rd., Columbia, SC 29209
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Paulette Edwards, 471 Guard Tower Lane, Columbia, SC 29209-3174
Reappointment, Sumter County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
Cecil Jackson, 115 North Harvin Street, Sumter, SC 29150-4956
Reappointment, Sumter County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
W. Mattison Gamble, 6 Clematis Court, Sumter, SC 29150-2336
May 9, 2023
Dear Mr. President and Members of the Senate:
Pursuant to section 22-1-30(B) of the South Carolina Code of Laws, I am hereby notifying the Senate that I am not reappointing the following magistrates:
The Honorable Walter R. Martin, 614 Dogwood Road, Greenwood, South Carolina 29646
The Honorable Christopher R. Johnson, 157 Rutledge Avenue, Greenwood, South Carolina 29649
Yours very truly,
Henry McMaster
At 12:20 P.M., on motion of Senator GARRETT, the Senate ratified the message from the Governor.
At 6:29 P.M., Senator GOLDFINCH requested a leave of absence until January 9, 2024,
Senator KIMPSON rose for an Expression of Personal Interest.
Senator SENN rose for an Expression of Personal Interest.
On motion of Senator JACKSON, with unanimous consent, the remarks of Senator SENN, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator JACKSON rose for an Expression of Personal Interest.
On motion of Senator FANNING, with unanimous consent, the remarks of Senator JACKSON, when reduced to writing and made available to the Desk, would be printed in the Journal.
The following co-sponsors were added to the respective Bills:
S. 538 (Word version) Sen. Verdin
S. 634 (Word version) Sen. Garrett
H. 4217 (Word version) -- Reps. W. Newton, Herbkersman, Erickson, Bradley and Hager: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-110, RELATING TO DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THE NAMES OF CERTAIN PRECINCTS, ADD NEW PRECINCTS, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS MAY BE FOUND ON FILE WITH THE REVENUE AND FISCAL AFFAIRS OFFICE.
Senator DAVIS asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration today.
Senator DAVIS asked unanimous consent to make a motion to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question then was the second reading of the Bill.
On motion of Senator DAVIS with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator DAVIS, H. 4217 was ordered to receive a third reading on the next legislative day.
The following were introduced:
S. 810 (Word version) -- Senators Young, Adams, Alexander, Allen, Bennett, Matthews, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Kimpson, Loftis, Malloy, Martin, Massey, McElveen, McLeod, Peeler, Rankin, Reichenbach, Rice, Sabb, Scott, Senn, Setzler, Shealy, Stephens, Talley, Turner, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE H.G. REYNOLDS COMPANY UPON THE OCCASION OF ITS SEVENTY-FIFTH ANNIVERSARY AND TO COMMEND THE ORGANIZATION FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
sr-0411km-vc23.docx : 78f3f269-1345-4174-a905-7d405f80308c
The Senate Resolution was adopted.
S. 811 (Word version) -- Senators K. Johnson and McElveen: A SENATE RESOLUTION TO CONGRATULATE DR. ANSEL R. MCFADDIN, III UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
sr-0414km-vc23.docx : 5b24c9a3-46fa-4883-b0bd-e5f4bec5c0fd
The Senate Resolution was adopted.
S. 812 (Word version) -- Senators Young, Adams, Alexander, Allen, Bennett, Matthews, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Kimpson, Loftis, Malloy, Martin, Massey, McElveen, McLeod, Peeler, Rankin, Reichenbach, Rice, Sabb, Scott, Senn, Setzler, Shealy, Stephens, Talley, Turner, Verdin and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE CLAY KILLIAN UPON THE OCCASION OF HIS RETIREMENT AS AIKEN COUNTY ADMINISTRATOR, TO COMMEND HIM FOR HIS FORTY YEARS OF DEDICATED PUBLIC SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
sr-0409km-hw23.docx : 3046ecdd-77ce-43dc-88e6-dc92bb52af2b
The Concurrent Resolution was adopted, ordered sent to the House.
S. 813 (Word version) -- Senator Scott: A SENATE RESOLUTION TO CONGRATULATE AND HONOR JANE S. SOSEBEE, PRESIDENT OF AT&T SOUTH CAROLINA, UPON THE OCCASION OF HER RETIREMENT, TO THANK HER FOR HER DEDICATED SERVICE OF MANY YEARS, AND TO WISH HER CONTINUED SUCCESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
lc-0333cm-rm23.docx : 456cd38f-46f0-4273-b3f4-0d0549e30382
The Senate Resolution was adopted.
S. 814 (Word version) -- Senator Turner: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. HOLLY CLARKE WILLIAMS.
sr-0404km-vc23.docx : 9daeef33-f83e-4745-80b0-e3080cb0aa56
The Senate Resolution was adopted.
S. 815 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO HONOR CHARM ALTMAN FOR HER MANY YEARS OF DEDICATED SERVICE TO THE NEWBERRY COUNTY REPUBLICAN PARTY AND THE SOUTH CAROLINA REPUBLICAN PARTY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.
lc-0144ha-jn23.docx : 132d0961-ea26-4fe1-920c-e977ed96bd9f
The Senate Resolution was adopted.
S. 816 (Word version) -- Senator Gambrell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR JOSÉ ACABA, AN ARTIST FROM HONEA PATH, AND TO CONGRATULATE HIM ON HIS SIGNIFICANT CONTRIBUTION TO THE TOWN OF HONEA PATH AND ITS OWN HISTORIC MURAL.
lc-0235dg-gm23.docx : b2b916af-7e92-4715-9a0d-2799b39bc03f
The Senate Resolution was adopted.
S. 817 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CAROLYN LENHARDT, DEAN OF STUDENTS AT ST. ANTHONY OF PADUA CATHOLIC SCHOOL, UPON THE OCCASION OF HER RETIREMENT ON JUNE 2, 2023, AFTER FIFTY-THREE YEARS OF OUTSTANDING SERVICE IN EDUCATION, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
lc-0338cm-gm23.docx : fc66bf02-e85f-46bc-804d-872f2a5d6877
The Senate Resolution was adopted.
S. 818 (Word version) -- Senator Massey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-220(B), RELATING TO CLASSES OF PROPERTY THAT ARE EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT CURRENT VOLUNTEER FIREFIGHTERS ARE ELIGIBLE FOR THE TAX EXEMPTION ON PROPERTY THEY OWN.
sr-0410km23.docx : bc075dea-1cae-411b-a547-783469cdb2d0
Read the first time and referred to the Committee on Finance.
S. 819 (Word version) -- Senator Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 55-1-1, RELATING TO DIVISION OF AERONAUTICS ESTABLISHED WITHIN SOUTH CAROLINA BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL ASSIST AND OVERSEE THE OPERATION OF THE DIVISION AND TO REMOVE THE AERONAUTICS COMMISSION; BY AMENDING SECTION 55-1-5, RELATING TO DEFINITIONS, SO AS TO MAKE CONFORMING CHANGES; BY ADDING SECTION 55-1-110 SO AS TO REQUIRE FOR THE SUBMISSION OF PROPOSALS FOR EXPENDITURES EXCEEDING FIFTY THOUSAND DOLLARS TO THE JOINT COND REVIEW COMMITTEE FOR REVIEW AND COMMENT; BY AMENDING SECTION 13-1-1000, RELATING TO DEFINITIONS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1010, RELATING TO COMMISSION CREATED, PURPOSE, AND PURCHASE AND SALE OF AERONAUTICS ASSETS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1020, RELATING TO COMMISSION DISTRICTS, ELECTION, AND APPOINTMENT OF MEMBERS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1030, RELATING TO COUNTY-COMMISSION DISTRICT OVERLAP, CONSECUTIVE TERMS, AND TWO COMMISSIONERS FROM SAME COUNTY, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1040, RELATING TO DELEGATIONS TO ELECT COMMISSIONER FROM DISTRICT, ORGANIZATION OF DELEGATION, CERTIFICATION, AND ISSUANCE OF COMMISSION, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1050, RELATING TO TERMS OF COMMISSION MEMBERS, VACANCIES, FORFEITURE OF OFFICE, AND AT-LARGE COMMISSION MEMBER AS CHAIRMAN, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1060, RELATING TO OATH OF OFFICE, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1070, RELATING TO OFFICIAL SEAL, ADOPTION OF RULES AND PROCEDURES, AND REIMBURSEMENT FOR OFFICIAL EXPENSES, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 13-1-1080, RELATING TO APPOINTMENT OF EXECUTIVE DIRECTOR, SO AS TO PROVIDE THE PROCEDURE; AND BY AMENDING SECTION 13-1-1090, RELATING TO QUALIFICATIONS FOR COMMISSION CHAIRMAN AND MEMBERS, SO AS TO MAKE CONFORMING CHANGES.
sr-0100jg23.docx : 541c3522-72a1-4d8e-95aa-6a6a9ce6b635
Read the first time and referred to the Committee on Transportation.
S. 820 (Word version) -- Senator McLeod: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE CARDINAL NEWMAN SCHOOL BOYS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 4A STATE CHAMPIONSHIP TITLE.
lc-0238dg-gm23.docx : fca59f0b-300e-40da-8bce-c1b6d3564551
The Senate Resolution was adopted.
H. 3425 (Word version) -- Reps. Pope, Thayer, Gilliam, S. Jones, Wooten, B. Newton, McCravy, Lawson, Leber, Atkinson, Forrest, Robbins, Caskey, Crawford, Guest, Blackwell, Landing, Ligon, O'Neal, Hixon, M. M. Smith and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-11-90, RELATING TO THE EARNINGS LIMITATION UPON RETURN TO COVERED EMPLOYMENT IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE EARNINGS LIMITATION DOES NOT APPLY IN CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 9-1-1790, RELATING TO THE EARNINGS LIMITATION UPON RETURN TO COVERED EMPLOYMENT IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE EARNINGS LIMITATION DOES NOT APPLY IN CERTAIN CIRCUMSTANCES.
lc-0029sa23.docx : 396fcf03-b720-490a-bf3e-2c1bbc670565
Read the first time and referred to the Committee on Finance.
H. 3811 (Word version) -- Rep. Elliott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3585, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO PROVIDE FOR AN INCREASE IN THE AGGREGATE CREDIT FROM NINE MILLION TO TWELVE MILLION DOLLARS FOR TAX YEARS AFTER 2022.
lc-0190sa23.docx : c4d9fb04-d729-4dab-a440-a82c796aba9c
Read the first time and referred to the Committee on Finance.
H. 3880 (Word version) -- Reps. M. M. Smith, Herbkersman, Davis, Elliott, B. J. Cox, B. L. Cox and Pace: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-21-2420, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE THAT NO TAX MAY BE CHARGED OR COLLECTED ON ANNUAL OR MONTHLY DUES PAID TO A GOLF CLUB.
lc-0142dg23.docx : 15ea17eb-1373-499a-8028-81bb486ebd31
Read the first time and referred to the Committee on Finance.
H. 4502 (Word version) -- Reps. Stavrinakis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE WESTMINSTER PRESBYTERIAN CHURCH OF CHARLESTON ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.
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The Concurrent Resolution was adopted, ordered returned to the House.
At 2:02 P.M., Senator PEELER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
On motion of Senator MASSEY, the Senate agreed that if and when the Senate stands adjourned today, that it will adjourn to meet subject to the call of the PRESIDENT.
Columbia, S.C., May 16, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3583 (Word version) -- Reps. Guffey, Lawson, Pace, Haddon, O'Neal, Pope, Ligon, B. Newton, Sessions, Anderson, Taylor, Carter, Brewer, Murphy, White, Guest, Mitchell, Pedalino, Oremus, Wooten, Caskey, Leber, Landing, Chapman, Vaughan, Hiott, Gilliam, Cromer, B.L. Cox, Moss, T. Moore, Beach, J.L. Johnson, Hartnett, Bauer, Schuessler, Bailey, Neese, W. Newton, Jordan, Hewitt, King, Gilliard, Williams, Jefferson, Weeks, Trantham, Nutt, McCravy, Robbins, Ballentine, Calhoon, M.M. Smith, Davis, Cobb-Hunter, Henegan, G.M. Smith, Atkinson, Erickson, W. Jones, Blackwell, McDaniel, J.E. Johnson, S. Jones, Willis, Alexander and Felder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-430 SO AS TO CREATE THE OFFENSES OF "SEXUAL EXTORTION" AND "AGGRAVATED SEXUAL EXTORTION", TO DEFINE NECESSARY TERMS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3433 (Word version) -- Reps. Hixon and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-5-2510, RELATING TO THE SUSPENSION OF SALTWATER PRIVILEGES FOR THE ACCUMULATION OF POINTS, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-5-2515, RELATING TO THE NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 50-9-1140, RELATING TO THE SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-9-1150, RELATING TO THE NOTICE OF SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE THAT A PERSON OR ENTITY MAY APPEAL THE DECISION UNDER THE ADMINISTRATIVE PROCEDURES ACT; AND BY REPEALING SECTION 50-5-2545 RELATING TO POINTS FOR VIOLATIONS OF MARINE RESOURCES LAWS RECEIVED PRIOR TO THE EFFECTIVE DATE OF THE MARINE RESOURCES ACT OF 2000; AND BY REPEALING SECTION 50-9-1160 RELATING TO JUDICIAL REVIEW OF A SUSPENSION OF HUNTING AND FISHING PRIVILEGES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4049 (Word version) -- Reps. Sandifer, Anderson, West, McGinnis, Hardee, Brittain, Neese, W. Newton and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 33-7-101 AND 33-31-701, BOTH RELATING TO MEETINGS, SO AS TO ALLOW FOR REMOTE PARTICIPATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 16, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3890 (Word version) -- Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 23, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 397 (Word version) -- Senators Shealy, Setzler and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO REPEAL CHAPTER 75, TITLE 44 RELATING TO THE REGULATION OF ATHLETIC TRAINERS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND BY ADDING ARTICLE 11, CHAPTER 47, TITLE 40, SO AS TO TRANSFER REGULATORY AUTHORITY OF ATHLETIC TRAINERS TO THE BOARD OF MEDICAL EXAMINERS.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator SHEALY, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar.
The Bill was ordered placed in the category of Bills Returned from the House and would be taken up for consideration when that category was reached in the order of the day.
Columbia, S.C., May 23, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 407 (Word version) -- Senators Shealy and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-361(A), RELATING TO PRESCRIPTIONS FOR OPIOID ANTIDOTES, SO AS TO PROVIDE FOR IT TO BE OFFERED CONSISTENT WITH THE EXISTING STANDARD OF CARE AND THE FDA.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator SHEALY, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar.
The Bill was ordered placed in the category of Bills Returned from the House and would be taken up for consideration when that category was reached in the order of the day.
Columbia, S.C., May 23, 2023
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 474 (Word version) -- Senators Grooms, Massey, Kimbrell and Adams: A BILL TO AMEND ARTICLE 6, CHAPTER 41, TITLE 44 OF THE SOUTH CAROLINA CODE OF LAWS, RELATING TO THE FETAL HEARTBEAT AND PROTECTION FROM ABORTION ACT, SO AS TO PROVIDE THAT ABORTIONS MAY NOT BE PERFORMED IN THIS STATE AFTER A FETAL HEARTBEAT HAS BEEN DETECTED EXCEPT IN CASES OF RAPE OR INCEST DURING THE FIRST TWELVE WEEKS OF PREGNANCY, IN MEDICAL EMERGENCIES, OR IN LIGHT OF A FATAL FETAL ANOMALY; TO DEFINE NECESSARY TERMS; TO REPEAL SECTION 2 OF ACT 1 OF 2021; TO REPEAL SECTIONS 44-41-10 AND 44-41-20 OF THE S.C. CODE; AND TO REPEAL ARTICLE 5, CHAPTER 41, TITLE 44 OF THE S.C. CODE SUBJECT TO CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
Senator GROOMS moved to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar.
Senator MATTHEWS raised the Point of Order that the motion to waive the provisions of Rule 32A was Out of Order.
The President overruled the Point of Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Grooms Hembree Johnson, Michael Kimbrell Loftis Malloy Martin Massey Peeler Reichenbach Rice Setzler Talley Turner Verdin Williams Young
Fanning Gustafson Harpootlian Hutto Jackson Johnson, Kevin Kimpson Matthews McElveen McLeod Sabb Scott Senn Shealy Stephens
The motion was adopted.
The Bill was ordered placed in the category of Bills Returned from the House and would be taken up for consideration when that category was reached in the order of the day.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and ordered sent to the House.
S. 782 (Word version) -- Senators Matthews and Davis: A BILL TO DELINEATE THE NINE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE JASPER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED BEGINNING WITH THE 2024 GENERAL ELECTION, TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THESE DISTRICTS, AND TO REPEAL SECTION 2 OF ACT 476 OF 1998 RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER DISTRICTS OF THE JASPER COUNTY SCHOOL DISTRICT.
On motion of Senator MATTHEWS.
The following Resolution 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. 4299 (Word version) -- Reps. Bannister, G.M. Smith, Pope, Hiott and Rutherford: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2023-2024 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, AND TO PROVIDE EXCEPTIONS.
The Senate proceeded to a consideration of the Resolution.
Senator PEELER explained the Resolution.
Senator MALLOY spoke on the Resolution.
H. 3977 (Word version) -- Reps. Sandifer, Hardee and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-55-730 SO AS TO ALLOW INSURERS TO POST AN INSURANCE POLICY OR ENDORSEMENT ON THEIR WEBSITE IF CERTAIN CONDITIONS ARE MET.
On motion of Senator MALLOY, the Bill was carried over.
H. 3360 (Word version) -- Reps. Pope, Gilliam, Wooten, McCravy, Felder, Williams, Erickson, Bradley, Mitchell, Forrest, B. Newton and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 17 TO CHAPTER 23, TITLE 23 SO AS TO ESTABLISH THE CENTER FOR SCHOOL SAFETY AND TARGETED VIOLENCE WITHIN THE STATE LAW ENFORCEMENT DIVISION.
On motion of Senator MALLOY, the Bill was carried over.
H. 3503 (Word version) -- Reps. Gilliam, Pope, Taylor, Chumley, Haddon, McCravy, Oremus, Hiott, Burns, Wooten, Hixon, Bailey, Caskey, Thayer, Trantham, Forrest, Yow, S. Jones, Sessions, Guffey, Lawson, Chapman, Leber, O'Neal, Vaughan, Robbins, B.J. Cox, M.M. Smith, Davis, Brewer, Murphy, Whitmire, Ligon, Felder, Mitchell, Hager, Connell, Carter, West, Calhoon, B. Newton, Neese, Landing, Blackwell, Pedalino, Willis and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-190, RELATING TO SCHEDULE I SUBSTANCES, SO AS TO ADD FENTANYL-RELATED SUBSTANCES; BY AMENDING SECTION 44-53-370, RELATING TO PROHIBITED ACTS AND PENALTIES, SO AS TO ADD AN OFFENSE FOR TRAFFICKING IN FENTANYL; AND BY AMENDING SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN FENTANYL.
The Senate proceeded to a consideration of the Bill.
Senator HUTTO proposed the following amendment (SJ-3503.BM0038S), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 53, Title 44 of the S.C. Code is amended by adding:
Section 44-53-379. (A) It is unlawful for a person who has been convicted of possession with intent to distribute, distribution or delivery of, manufacturing of, or trafficking in a controlled substance as defined in Sections 44-53-370 and 44-53-375, to possess a firearm or ammunition within this State.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(C)(1) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section.
(2) A law enforcement agency that receives a firearm or ammunition pursuant to this section shall administratively release the firearm or ammunition to an innocent owner. The firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this section which resulted in the confiscation of the firearm or ammunition. The law enforcement agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this section.
(D) The court with jurisdiction over an offense, as defined by Subsections (A) or (B), shall make a specific finding on the record that the conviction is for possession with intent to distribute, distribution or delivery of, manufacturing of, or trafficking in a controlled substance as defined in Sections 44-53-370 and 44-53-375, and the person would be subject to the prohibitions of this section. A judge's failure to make a specific finding on the record does not bar or otherwise affect prosecution pursuant to this subsection and does not constitute a defense to prosecution pursuant to this subsection.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The question then being adoption of the amendment.
Senator CLIMER raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator HUTTO spoke on the Point of Order.
Senator CORBIN spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator HEMBREE spoke on the amendment.
Senator RANKIN spoke on the amendment.
Senator HARPOOTLIAN spoke on the amendment.
Senator ADAMS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Cash Corbin Gustafson Hembree Johnson, Michael Loftis Martin Reichenbach Rice Verdin
Alexander Allen Bennett Campsen Climer Cromer Davis Fanning Gambrell Garrett Grooms Harpootlian Hutto Jackson Johnson, Kevin Kimbrell Kimpson Malloy Massey Matthews McElveen McLeod Peeler Rankin Sabb Scott Senn Setzler Shealy Stephens Talley Turner Williams Young
The Senate refused to lay the amendment on the table.
The amendment was adopted.
Senators MARTIN and VERDIN desired to be recorded as voting against the adoption of the amendment.
Senator MALLOY spoke on the Bill.
The question then being third reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the third time, passed and ordered returned to the House.
H. 3553 (Word version) -- Reps. G.M. Smith, Erickson, Crawford, Hewitt, Davis, T. Moore, McCravy, B. Newton, West, Burns, Mitchell, Pace, S. Jones, White, Hixon, Hiott, Oremus, M.M. Smith, Landing, W. Newton, Robbins, Brewer, Cromer, Weeks, Wheeler, Magnuson, Yow and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-9-750, RELATING TO FINAL ADOPTION HEARINGS, SO AS TO ELIMINATE THE MANDATORY NINETY-DAY WAITING PERIOD TO FINALIZE AN ADOPTION.
The Senate proceeded to a consideration of the Bill.
The question being third reading of the Bill, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the third time, passed and ordered returned to the House.
H. 3518 (Word version) -- Reps. Felder and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-395, RELATING TO THE DRIVER'S LICENSE REINSTATEMENT FEE PAYMENT PROGRAM, SO AS TO PROVIDE THE DRIVERS' LICENSES ISSUED UNDER THIS PROGRAM ARE VALID FOR AN ADDITIONAL SIX MONTHS, TO REVISE THE AMOUNT OF REINSTATEMENT FEES OWED BY PERSONS TO BECOME ELIGIBLE TO OBTAIN THESE DRIVERS' LICENSES, TO REVISE THE DISTRIBUTION OF THE ADMINISTRATIVE FEES COLLECTED, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY PROVIDE PERSONS IN THE PROGRAM A FEE SCHEDULE OF THE AMOUNTS OWED AND THE ABILITY TO MAKE ONLINE PAYMENTS, TO REVISE THE TYPES OF DRIVERS' LICENSE SUSPENSIONS THAT ARE COVERED BY THIS SECTION, AND TO REVISE THE FREQUENCY THAT PERSONS MAY PARTICIPATE IN THE PROGRAM AND THE CONDITIONS FOR FUTURE PARTICIPATION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO LIMIT THE TYPES OF QUALIFYING SUSPENSIONS; BY AMENDING SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, NEW INSURANCE MUST BE OBTAINED OR PERSONS MUST SURRENDER THEIR REGISTRATION AND PLATES, WRITTEN NOTICE BY INSURERS, APPEAL OF SUSPENSIONS, ENFORCEMENT, AND PENALTIES, SO AS TO REVISE THE PERIOD OF TIME VEHICLE OWNERS MUST SURRENDER MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES FOR CERTAIN UNINSURED MOTOR VEHICLES, TO DELETE THE PROVISION THAT GIVES THE DEPARTMENT OF MOTOR VEHICLES DISCRETION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATE METHODS OF PROVIDING CERTAIN NOTICES TO THE DEPARTMENT, TO DELETE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO APPEAL CERTAIN SUSPENSIONS TO THE DEPARTMENT OF INSURANCE FOR FAILURE TO MEET THE STATE'S FINANCIAL RESPONSIBILITY REQUIREMENTS IN ERROR, AND TO ALLOW THESE PERSONS TO PROVIDE CERTAIN DOCUMENTS TO SHOW THE SUSPENSION WAS ISSUED IN ERROR; BY AMENDING SECTION 56-10-245, RELATING TO PER DIEM FINES FOR LAPSE IN REQUIRED COVERAGE, SO AS TO PROVIDE THE FINES CONTAINED IN THE SECTION MAY NOT EXCEED TWO HUNDRED DOLLARS PER VEHICLE FOR A FIRST OFFENSE; BY AMENDING ARTICLE 5 OF CHAPTER 10, TITLE 56, RELATING TO THE ESTABLISHMENT OF THE UNINSURED MOTORIST FUND, SO AS TO REVISE THE PROVISIONS OF THIS ARTICLE TO REGULATE THE OPERATION OF UNINSURED MOTOR VEHICLES, TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT AND COLLECTION OF UNINSURED MOTOR VEHICLE FEES, TO MAKE TECHNICAL CHANGES, TO REVISE THE AMOUNT OF THE MOTOR VEHICLE REINSTATEMENT FEE AND PROVIDE IT SHALL BE INCREASED ANNUALLY, TO PROVIDE SUSPENDED LICENSES, REGISTRATION CERTIFICATES, LICENSE PLATES, AND DECALS MAY BE RETURNED TO THE DEPARTMENT OF MOTOR VEHICLES BY ELECTRONIC MEANS OR IN PERSON, AND TO DELETE THE PROVISIONS THAT REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO COLLECT STATISTICS REGARDING VARIOUS MOTOR VEHICLE REGISTRATION, INSURANCE, AND UNINSURED MOTORIST FUND ISSUES.
On motion of Senator MASSEY, the Bill was carried over.
S. 640 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5119, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator MASSEY, the Resolution was recommitted to the Committee on Agriculture and Natural Resources.
S. 514 (Word version) -- Senators Hutto, Jackson, Sabb, Senn and Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 16-17-500, 16-17-501, 16-17-502, 16-17-503, 16-17-504, AND 16-17-506, RELATING TO THE PREVENTION OF YOUTH ACCESS TO TOBACCO AND OTHER NICOTINE PRODUCTS, SO AS TO CHANGE THE DEFINITION OF "TOBACCO PRODUCT" AND ADD DEFINITIONS FOR "TOBACCO RETAIL ESTABLISHMENT" AND "TOBACCO RETAILER"; TO PROHIBIT MINORS FROM ENTERING A TOBACCO RETAIL ESTABLISHMENT; TO CHANGE CERTAIN PENALTIES FOR TOBACCO RETAILER VIOLATIONS; TO REQUIRE TOBACCO RETAILERS TO SECURE AND DISPLAY A TOBACCO RETAIL SALES LICENSE FROM THE DEPARTMENT OF REVENUE AND TO ESTABLISH AN ASSOCIATED FEE AND A PENALTY FOR A VIOLATION; TO MAKE TECHNICAL CORRECTIONS; AND FOR OTHER PURPOSES; AND BY AMENDING SECTION 59-1-380, RELATING TO THE MANDATORY PUBLIC SCHOOL TOBACCO-FREE CAMPUS POLICY, SO AS TO MAKE CONFORMING CHANGES.
On motion of Senator HUTTO, the Resolution was recommitted to the Committee on Judiciary.
S. 700 (Word version) -- Senator Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 8 TO CHAPTER 5, TITLE 39 TO ESTABLISH THE "SOUTH CAROLINA EARNED WAGE ACCESS SERVICES ACT", SO AS TO PROVIDE FOR REQUIREMENTS FOR EARNED WAGE ACCESS SERVICES PROVIDERS, AND TO PROVIDE FOR CERTAIN EXEMPTIONS AND LIMITATIONS.
Senator TURNER objected to consideration of the Bill.
S. 773 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - COMMISSIONERS OF PILOTAGE, RELATING TO COMMISSIONERS OF PILOTAGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 5159, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator GROOMS, the Resolution was recommitted to the Committee on Transportation.
H. 4116 (Word version) -- Reps. Sandifer, M.M. Smith and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-19-295 SO AS TO PROHIBIT THE DIVIDING OF FEES OR OTHER COMPENSATION CHARGED OR RECEIVED BY LICENSEES OF THE BOARD OF FUNERAL SERVICES WITH ANOTHER PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION, OR LEGAL ENTITY FOR THE DELIVERY OR PERFORMANCE OF FUNERAL SERVICES; BY AMENDING SECTION 32-7-100, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PRENEED FUNERAL CONTRACTS, SO AS TO INCREASE FINE RANGES AND PERMANENTLY BAR PERSONS CONVICTED OF A FELONY FROM CONDUCTING PRENEED CONTRACT SALES; BY AMENDING SECTION 32-7-110, RELATING TO THE INVESTIGATION OF COMPLAINTS AGAINST UNLICENSED PRENEED CONTRACT SALES PROVIDERS, SO AS TO PROVIDE COMPLAINTS TO WHICH THE DEPARTMENT SHALL RESPOND MAY BE WRITTEN OR ORAL; BY AMENDING SECTION 32-8-360, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFE CREMATION ACT, SO AS TO INCREASE MONETARY FINES AND REQUIRE IMMEDIATE REPORTING OF VIOLATIONS TO THE BOARD; BY AMENDING SECTION 32-8-385, RELATING TO REQUIREMENTS THAT CREMATORIES EMPLOY CERTAIN TRAINED STAFF TO PERFORM CREMATIONS, SO AS TO REQUIRE ALL CREMATIONS BE PERFORMED BY THESE TRAINED STAFF MEMBERS; BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 40-19-30, RELATING TO THE REQUIREMENT OF LICENSURE TO PRACTICE FUNERAL SERVICES, SO AS TO PROVIDE CONDUCT CONSTITUTING THE PRACTICE OF FUNERAL SERVICES INCLUDES PARTIES WHO EXERCISE ANY CONTROL OR AUTHORITY OVER A FUNERAL ESTABLISHMENT OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, AND TO PROHIBIT CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN WHOSE NAME APPEARS THE NAME OF A PERSON WITH A REVOKED OR LAPSED LICENSE FROM HAVING A LICENSE TO OPERATE A FUNERAL HOME; BY AMENDING SECTION 40-19-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE BOARD MEMBERS, COMMITTEES, OR EMPLOYEES MAY NOT BE LIABLE FOR ACTS PERFORMED IN THE COURSE OF THEIR OFFICIAL DUTIES IN THE ABSENCE OF MALICE SHOWN AND PROVEN IN A COURT OF COMPETENT JURISDICTION; BY AMENDING SECTION 40-19-80, RELATING TO INSPECTORS EMPLOYED BY THE BOARD, SO AS TO INSTEAD REQUIRE THE BOARD TO EMPLOY AT LEAST TWO INVESTIGATORS WHO MAY BE LICENSED EMBALMERS AND FUNERAL DIRECTORS WITH CERTAIN EXPERIENCE BUT WHO HAVE NOT BEEN DISCIPLINED; BY AMENDING SECTION 40-19-110, RELATING TO CONDUCT CONSTITUTING UNPROFESSIONAL CONDUCT BY A LICENSEE OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; BY AMENDING SECTION 40-19-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO INCLUDE UNLICENSED PERSONS WITH THIS JURISDICTION; BY AMENDING SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS PROHIBITING THE PRACTICE OF FUNERAL SERVICES WITHOUT A LICENSE OR USING FALSE INFORMATION TO OBTAIN SUCH LICENSURE, SO AS TO INCREASE MONETARY FINES, AND TO SUBJECT PERSONS WHO AID AND ABET UNLICENSED PERSONS OR ENTITIES IN ENGAGING IN THE PRACTICE OF FUNERAL SERVICE WITHOUT LICENSURE TO THESE PENALTIES; BY AMENDING SECTION 40-19-250, RELATING TO CONTINUING EDUCATION PROGRAMS, SO AS TO REQUIRE CERTAIN COURSEWORK IN ETHICS, TO REQUIRE FOUR HOURS OF TOTAL ANNUAL COURSEWORK, TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK TO BE IN ETHICS, AND TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK BE COMPLETED IN PERSON; AND BY AMENDING SECTION 40-19-290, RELATING TO THE FIDUCIARY RESPONSIBILITIES OF FUNERAL ESTABLISHMENTS WITH RESPECT TO PAYMENTS RECEIVED FOR FUNERAL MERCHANDISE BEING PURCHASED, SO AS TO PROVIDE THESE PAYMENTS MUST BE KEPT IN A TRUST ACCOUNT UNTIL THE MERCHANDISE IS DELIVERED FOR ITS INTENDED USE OR IS DELIVERED INTO THE PHYSICAL POSSESSION OF THE PURCHASER.
On motion of Senator MASSEY, the Bill was carried over.
H. 3872 (Word version) -- Reps. Murphy, Caskey, B. Newton, Brewer, Robbins, Sandifer, Herbkersman, Rutherford, Wooten, Connell, Mitchell and Hager: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-150-145 SO AS TO EXEMPT CERTAIN PERSONALLY IDENTIFIABLE INFORMATION CONCERNING LOTTERY CLAIMS FROM NONCONSENSUAL DISCLOSURE OR RELEASE UNDER THE FREEDOM OF INFORMATION ACT, TO PROVIDE THE LOTTERY COMMISSION MAY DISCLOSE CERTAIN INFORMATION CONCERNING LOTTERY CLAIMS WITHOUT CONSENT, AND TO PROVIDE AN EXCEPTION FOR PARTICIPANTS IN CERTAIN PROMOTIONS; AND BY AMENDING SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO MAKE A CONFORMING CHANGE.
On motion of Senator MASSEY, the Bill was carried over.
H. 3960 (Word version) -- Rep. Forrest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-686 SO AS TO DESIGNATE THE SOUTH CAROLINA POULTRY FESTIVAL IN LEXINGTON COUNTY AS THE OFFICIAL STATE POULTRY FESTIVAL.
On motion of Senator MASSEY, the Bill was carried over.
H. 4352 (Word version) -- Reps. Calhoon and Felder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-270 SO AS TO DESIGNATE THE MONTH OF MARCH OF EACH YEAR AS "MIDDLE LEVEL EDUCATION MONTH".
On motion of Senator MASSEY, the Bill was carried over.
H. 3782 (Word version) -- Reps. West, Yow, Jefferson, Ligon, Nutt, Anderson, Hardee, Bannister, Thayer, Blackwell and Oremus: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-12-300, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITION OF "VIDEO SERVICE".
On motion of Senator MASSEY, the Bill was carried over.
H. 4120 (Word version) -- Reps. Pope and Long: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-3-80 SO AS TO CREATE THE "ILLEGAL IMMIGRATION ENFORCEMENT UNIT" WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR ITS ADMINISTRATION AND DUTIES, AND TO REQUIRE IT TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; BY REPEALING SECTION 23-6-60 AND CHAPTER 30 OF TITLE 8 RELATING TO THE CREATION OF THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND RECORDING AND REPORTING OF IMMIGRATION LAW VIOLATIONS; AND BY ADDING SECTION 40-1-35 SO AS TO PROVIDE CERTAIN IMMIGRANTS ARE ELIGIBLE FOR OCCUPATIONAL OR PROFESSIONAL LICENSURE UNDER THIS TITLE.
On motion of Senator MASSEY, the Bill was carried over.
S. 801 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-430, RELATING TO DESIGNATION OF VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS MAY BE FOUND ON FILE WITH THE REVENUE AND FISCAL AFFAIRS OFFICE.
On motion of Senator MASSEY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 2:03 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.
Columbia, S.C., May 22, 2023
Mr. President and Senators:
I am vetoing and returning without my approval R63, S.31:
(R63, S31 (Word version)) -- Senators Hutto and K. Johnson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 5-7-240, RELATING TO INDEPENDENT AUDITS OF MUNICIPAL FINANCIAL RECORDS AND TRANSACTIONS, SO AS TO ALLOW MUNICIPALITIES WITH LESS THAN $500,000 IN TOTAL REVENUES TO PROVIDE A COMPILATION OF FINANCIAL STATEMENTS; BY AMENDING SECTION 14-1-208, RELATING TO FINES AND ASSESSMENTS, SO AS TO INCLUDE REFERENCES TO FILING A COMPILATION OF FINANCIAL STATEMENTS; AND BY AMENDING SECTION 4-9-150, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO ALLOW FOR A FILING EXTENSION IN CERTAIN CIRCUMSTANCES.
Yours very truly,
Henry McMaster
Received as information
The veto was ordered placed on the Calendar for consideration tomorrow.
On motion of Senator HUTTO, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar.
The Bill was taken up for consideration when that category was reached in the order of the day.
May 22, 2023
The Honorable Thomas C. Alexander
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R-63, S. 31, which seeks to amend several provisions of existing law so as to relax annual financial-reporting requirements for municipalities and to authorize the State Treasurer to extend the deadline for a county to submit an independent annual audit of its financial records and transactions. Although I do not doubt that this is a well-intentioned effort to address what may be an onerous reporting requirement for smaller municipalities and to provide flexibility to counties under certain circumstances, because I believe current law does not afford the State sufficient oversight over local governments' fiscal affairs, I cannot support Legislation that risks reducing rather than enhancing transparency and accountability. Accordingly, for the reasons detailed further below, I must veto S. 31 and return the same without my signature.
As I have noted in previous State of the State addresses, the public should know -- and, indeed, has a right to know -- whether officials are properly spending tax dollars entrusted to their care and control. This is particularly true for local governments, which have, for far too long, operated without adequate oversight or sufficient accountability. While the public can, and should, hold public officials accountable for their actions or inactions on election day, allegations of waste, fraud, mismanagement, or other misconduct involving public officials, employees, or resources must be identified, investigated, and addressed in real time. Transparency is a critical component of ensuring trust and confidence in government, particularly on an issue as significant as a government's financial status. Yet, as a general rule, while certain state agencies and officials are authorized to inspect or review discreet aspects of a county's or municipality's financial records, no state official or agency has the specific jurisdiction or express legal authority to conduct a comprehensive audit of a local government's fiscal affairs and transactions in most instances or to otherwise exercise oversight or local elected officials. Thus, I have repeatedly urged the General Assembly to expand the State Inspector General's investigative jurisdiction to include local governments.
In view of these considerations, I am concerned that this Legislation risks significantly, albeit perhaps unintentionally, weakening the State's ability to detect financial irregularities and deter mismanagement and misconduct by local government officials and employees. Specifically, S. 31 would alter existing law to allow municipalities with less than $500,000 in total revenues to provide a compilation of financial statements instead of an independent audit of all of the municipality's financial records and transactions. This Bill would also seemingly relax the audit requirements for municipalities above the aforementioned revenue threshold, allowing a larger municipality to submit an annual audit of financial statements in lieu of an independent yearly audit of "all financial records and transactions of the municipality and any agency funded in whole by municipal funds." S.C. Code Ann. Section 5-7-240. In attempting to incorporate the above-referenced changes to the statute governing fines collected by a municipal court, it appears S. 31 would also eliminate the specific statutory requirement that a municipality's "annual independent external audit . . . must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution." Compare S. 31, Section 2, with S.C. Code Ann. Section 14-1-208(E). Finally, S. 31 seeks to amend the statute requiring counties to submit independent annual audits so as to require counties to file those audits with the Treasurer rather than the Comptroller General and to allow the Treasurer to grant a 90-day extension for a county to file the required audit. Although this last proposed change to current law appears reasonable, the remaining provisions of S. 31 would seemingly reduce rather than enhance the State's existing, and already limited, means of providing oversight and accountability with respect to local governments' financial affairs.
For the foregoing reasons, I am respectfully vetoing R-63, S. 31 and returning the same without my signature.
Yours very truly,
Henry McMaster
(R63, S31 (Word version)) -- Senators Hutto and K. Johnson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 5-7-240, RELATING TO INDEPENDENT AUDITS OF MUNICIPAL FINANCIAL RECORDS AND TRANSACTIONS, SO AS TO ALLOW MUNICIPALITIES WITH LESS THAN $500,000 IN TOTAL REVENUES TO PROVIDE A COMPILATION OF FINANCIAL STATEMENTS; BY AMENDING SECTION 14-1-208, RELATING TO FINES AND ASSESSMENTS, SO AS TO INCLUDE REFERENCES TO FILING A COMPILATION OF FINANCIAL STATEMENTS; AND BY AMENDING SECTION 4-9-150, RELATING TO AUDITS OF COUNTY RECORDS, SO AS TO ALLOW FOR A FILING EXTENSION IN CERTAIN CIRCUMSTANCES.
The veto of the Governor was taken up for immediate consideration.
Senator HUTTO moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 418 (Word version) -- Senators Hembree, Turner and Gustafson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-155-180, RELATING TO PRE-SERVICE AND IN-SERVICE TEACHER EDUCATION PROGRAMS, SO AS TO UPDATE THE ENDORSEMENT REQUIREMENTS OF READ TO SUCCEED.
On motion of Senator HEMBREE, the Bill was carried over.
S. 557 (Word version) -- Senators M. Johnson, Peeler, Kimbrell, Adams, Rice, Rankin, Reichenbach, Young, Loftis, Climer, Garrett, Alexander and Campsen: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3477, RELATING TO THE APPRENTICE INCOME TAX CREDIT, SO AS TO INCREASE THE AMOUNT OF THE CREDIT AND THE NUMBER OF YEARS IN WHICH IT MAY BE CLAIMED.
On motion of Senator PEELER, the Bill was carried over.
S. 474 (Word version) -- Senators Grooms, Massey, Kimbrell and Adams: A BILL TO AMEND ARTICLE 6, CHAPTER 41, TITLE 44 OF THE SOUTH CAROLINA CODE OF LAWS, RELATING TO THE FETAL HEARTBEAT AND PROTECTION FROM ABORTION ACT, SO AS TO PROVIDE THAT ABORTIONS MAY NOT BE PERFORMED IN THIS STATE AFTER A FETAL HEARTBEAT HAS BEEN DETECTED EXCEPT IN CASES OF RAPE OR INCEST DURING THE FIRST TWELVE WEEKS OF PREGNANCY, IN MEDICAL EMERGENCIES, OR IN LIGHT OF A FATAL FETAL ANOMALY; TO DEFINE NECESSARY TERMS; TO REPEAL SECTION 2 OF ACT 1 OF 2021; TO REPEAL SECTIONS 44-41-10 AND 44-41-20 OF THE S.C. CODE; AND TO REPEAL ARTICLE 5, CHAPTER 41, TITLE 44 OF THE S.C. CODE SUBJECT TO CERTAIN CONDITIONS.
The House returned the Bill with amendments.
Senator SENN raised the Point of Order that there was not a fiscal impact statement on the Bill and that the Bill should be recommitted to Committee on Medical Affairs.
The PRESIDENT overruled the Point of Order.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator MASSEY explained the House amendments.
Senator SENN spoke on the Bill.
Senator HUTTO proposed the following amendment (SMIN-474.MW1175S), which was carried over:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-680.
Renumber sections to conform.
Amend title to conform.
On motion of Senator HUTTO, the amendment was carried over.
Senators SHEALY, SENN and GUSTAFSON proposed the following amendment (SR-474.JG1141S), which was not adopted:
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. Section 44-41-10 of the S.C. Code is amended to read:
Section 44-41-10. As used in this chapter:
(a)(1) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(b)(2) "Physician" means a person licensed to practice medicine in this State.
(c)(3) "Department" means the South Carolina Department of Health and Environmental Control.
(d)(4) "Hospital" means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions.
(e)(5) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.
(f)(6) "Pregnancy" means the condition of a woman carrying a fetus or embryo within her body as the result of conception.
(g)(7) "Conception" means the fecundation of the ovum by the spermatozoa.
(h)(8) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.
(i)(9) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.
(k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l)(10) "Viability" means that stage of human development when the fetus is potentially able to live outside of the mother''s womb with or without the aid of artificial life support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy.
(m)(11) "Minor" means a female under the age of seventeen.
(n)(12) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(o)(13) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.
(14) "Medical Emergency" means a condition that, in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or a serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial and irreversible physical impairment of a major bodily function.
(15) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(16) "Gestational Age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.
SECTION 2. Section 44-41-20 of the S.C. Code is amended to read:
Section 44-41-20. (A)Abortion shall be a criminal act except when performed under the following circumstances:It is unlawful to perform or induce an abortion if the probable gestational age of the child is more than twelve weeks.
(a) During the first trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician pursuant to his professional medical judgment.
(b) During the second trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician in a hospital or clinic certified by the Department.(B) The prohibition on abortions performed or induced on a pregnant woman after the probable gestational age of the child is more than twelve weeks contained in subsection (A) do not apply if:
(1) the pregnancy is the result of an act of criminal sexual conduct, regardless of the degree of criminal sexual conduct, and the probable gestational age of the child is not more than twenty weeks;
(2) the pregnancy is the result of incest, and the probable gestational age of the child is not more than twenty weeks;
(3) there exists a fatal fetal anomaly; or
(4) there exists a medical emergency.
(c) During the third trimester of pregnancy, the abortion is performed with the pregnant woman's consent, and if married and living with her husband the consent of her husband, in a certified hospital, and only if the attending physician and one additional consulting physician, who shall not be related to or engaged in private practice with the attending physician, certify in writing to the hospital in which the abortion is to be performed that the abortion is necessary based upon their best medical judgment to preserve the life or health of the woman. In the event that the preservation of the woman's mental health is certified as the reason for the abortion, an additional certification shall be required from a consulting psychiatrist who shall not be related to or engaged in private practice with the attending physician. All facts and reasons supporting such certification shall be set forth by the attending physician in writing and attached to such certificate.
SECTION 3. Section 44-41-30(D) of the S.C. Code is amended to read:
(D) In cases of incest or criminal sexual conduct that result in pregnancy, the physician performing the abortion shall report the alleged incest or criminal sexual conduct to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
SECTION 4. Section 44-41-80 of the S.C. Code is amended to read:
Section 44-41-80. (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produceperform or induce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.
(b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.
(c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.
SECTION 5. Article (5), Chapter 41, Title 44 of the S.C. Code is repealed.
SECTION 6. Article (6), Chapter 41, Title 44 of the S.C. Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator SHEALY explained the amendment.
On motion of Senator DAVIS, with unanimous consent, the remarks of Senator SHEALY, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator CASH spoke on the amendment.
On motion of Senator RICE, with unanimous consent, the remarks of Senator CASH, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator SENN spoke on the amendment.
Senator GUSTAFSON spoke on the amendment.
Senator REICHENBACH spoke on the amendment.
On motion of Senator CAMPSEN, with unanimous consent, the remarks of Senator REICHENBACH, when reduced to writing and made available to the Desk, would be printed in the Journal.
At 4:48 P.M., pursuant to Rule 15A, Senator MASSEY moved that the debate on the entire matter of S. 474 be brought to a close; and that up to 30 minutes of debate would be allowed on Amendment No. 2A; and that the Majority Leader and Minority Leader each would be allowed to authorize up to five amendments; and that up to five minutes debate be allowed for both the proponents and opponents of each amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Reichenbach Rice Talley Turner Verdin Young
Allen Fanning Gustafson Harpootlian Hutto Jackson Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Rankin Sabb Scott Senn Setzler Shealy Stephens Williams
Having received the necessary vote, the motion under Rule 15A was adopted.
Senator McLEOD spoke on Amendment 2A.
On motion of Senator FANNING, with unanimous consent, the remarks of Senator McLEOD, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator DAVIS spoke on the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Davis Fanning Gustafson Harpootlian Hutto Jackson Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Rankin Sabb Scott Senn Setzler Shealy Stephens Williams
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Gambrell Garrett Goldfinch Grooms Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Reichenbach Rice Talley Turner Verdin Young
The amendment was not adopted.
Senator CAMPSEN proposed the following amendment (SR-474.JG1207S), which was not adopted:
Amend the bill, as and if amended, SECTION 4, by striking Section 63-17-325(B) and inserting:
(B) In the case of a mother who becomes pregnant as a result of rape or incest, the biological father, in addition to the duties imposed by subsection (A), also is responsible for the full cost of any pregnancy-related expenses incurred by the mother and for the full cost of any mental health counseling arising out of the rape or incest.
Renumber sections to conform.
Amend title to conform.
Senator DAVIS spoke in favor of the amendment.
Senator SENN spoke against the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Kimpson Matthews McElveen
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Loftis Martin Massey McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Shealy Stephens Talley Turner Verdin Williams Young
The amendment was not adopted.
Senator GUSTAFSON proposed the following amendment (SR-474.JG1180S), which was not adopted:
Amend the bill, as and if amended, SECTION 2, Section 44-41-610, by adding a subsection to read:
(15) "Multifetal pregnancy" means a pregnancy in which there exists two or more fetuses.
Amend the bill further, SECTION 2, Section 44-41-640, by adding a subsection to read:
(F) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman who has a multifetal pregnancy, and in reasonable medical judgement, reducing the total number of fetuses by one or more is necessary to reduce the risk of maternal or perinatal morbidity or mortality.
Renumber sections to conform.
Amend title to conform.
Senator GUSTAFSON spoke in favor of the amendment.
Senator GROOMS spoke against the amendment.
On motion of Senator CROMER, with unanimous consent, the remarks of Senator GROOMS, when reduced to writing and made available to the Desk, would be printed in the Journal.
The question then was the adoption of the amendment.
The amendment is not adopted.
Senators HUTTO and SHEALY proposed the following amendment (SR-474.JG1204S), which was not adopted:
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. Section 44-41-10 of the S.C. Code is amended to read:
Section 44-41-10. As used in this chapter:
(a)(1) "Abortion" means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(b)(2) "Physician" means a person licensed to practice medicine in this State.
(c)(3) "Department" means the South Carolina Department of Health and Environmental Control.
(d)(4) "Hospital" means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions.
(e)(5) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions.
(f)(6) "Pregnancy" means the condition of a woman carrying a fetus or embryo within her body as the result of conception.
(g)(7) "Conception" means the fecundation of the ovum by the spermatozoa.
(h)(8) "Consent" means a signed and witnessed voluntary agreement to the performance of an abortion.
(i)(9) "First trimester of pregnancy" means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) "Second trimester of pregnancy" means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.
(k) "Third trimester of pregnancy" means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l)(10) "Viability" means that stage of human development when the fetus is potentially able to live outside of the mother''s womb with or without the aid of artificial life support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth week of pregnancy.
(m)(11) "Minor" means a female under the age of seventeen.
(n)(12) "Emancipated minor" means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(o)(13) "In loco parentis" means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days.
(14) "Medical Emergency" means a condition that, in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or a serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. A condition must not be considered a medical emergency if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial and irreversible physical impairment of a major bodily function.
(15) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.
(16) "Gestational Age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.
(17) "Spontaneous miscarriage" means the natural or accidental termination of pregnancy and the expulsion of the human fetus, typically caused by genetic defects in the human fetus or physical abnormalities in the pregnant woman.
SECTION 2. Section 44-41-20 of the S.C. Code is amended to read:
Section 44-41-20. (A)Abortion shall be a criminal act except when performed under the following circumstances:It is unlawful to perform or induce an abortion if the probable gestational age of the child is more than twelve weeks.
(a) During the first trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician pursuant to his professional medical judgment.
(b) During the second trimester of pregnancy the abortion is performed with the pregnant woman's consent by her attending physician in a hospital or clinic certified by the Department.(B) The prohibition on abortions performed or induced on a pregnant woman after the probable gestational age of the child is more than twelve weeks contained in subsection (A) do not apply if:
(1) the pregnancy is the result of an act of criminal sexual conduct, regardless of the degree of criminal sexual conduct, and the probable gestational age of the child is not more than twenty weeks;
(2) the pregnancy is the result of incest, and the probable gestational age of the child is not more than twenty weeks;
(3) there exists a fatal fetal anomaly; or
(4) there exists a medical emergency.
(c) During the third trimester of pregnancy, the abortion is performed with the pregnant woman's consent, and if married and living with her husband the consent of her husband, in a certified hospital, and only if the attending physician and one additional consulting physician, who shall not be related to or engaged in private practice with the attending physician, certify in writing to the hospital in which the abortion is to be performed that the abortion is necessary based upon their best medical judgment to preserve the life or health of the woman. In the event that the preservation of the woman's mental health is certified as the reason for the abortion, an additional certification shall be required from a consulting psychiatrist who shall not be related to or engaged in private practice with the attending physician. All facts and reasons supporting such certification shall be set forth by the attending physician in writing and attached to such certificate.
SECTION 3. Section 44-41-30(D) of the S.C. Code is amended to read:
(D) In cases of incest or criminal sexual conduct that result in pregnancy, the physician performing the abortion shall report the alleged incest or criminal sexual conduct to the local county department of social services or to a law enforcement agency in the county where the child resides or is found pursuant to Section 63-7-410. Failure to report is a violation punishable under the child abuse laws of this State.
SECTION 4. Section 44-41-80 of the S.C. Code is amended to read:
Section 44-41-80. (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produceperform or induce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.
(b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.
(c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.
SECTION 5. Article (5), Chapter 41, Title 44 of the S.C. Code is repealed.
SECTION 6. Article (6), Chapter 41, Title 44 of the S.C. Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO spoke in favor of the amendment.
Senator SENN spoke in favor of the amendment.
On motion of Senator MALLOY, with unanimous consent, the remarks of Senator HUTTO, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator MALLOY spoke in favor of the amendment.
The question then was the adoption of the amendment.
The amendment was not adopted.
Senator MATTHEWS proposed the following amendment (SR-474.JG1208S), which was not adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 44-41-610(14) and inserting:
(14) "Unborn child" means an individual organism of the species homo sapiens from fertilization until live birth.
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS spoke in favor of the amendment.
On motion of Senator FANNING, with unanimous consent, the remarks of Senators MATTHEWS and MALLOY, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator SHEALY spoke against the amendment.
The question then was the adoption of the amendment.
The amendment was not adopted.
The question then being concurrence in the House amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Reichenbach Rice Talley Turner Verdin Young
Allen Fanning Gustafson Harpootlian Hutto Jackson Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Sabb Scott Senn Setzler Shealy Stephens Williams
The Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
I voted for Amendment No. 2A by Senator SHEALY, which was an amendment that did not allow for abortion after twelve weeks, except when necessary to save the life of the mother or if a fatal fetal anomaly is detected. I voted not to concur on the House amendment because it is basically the same law that the South Carolina Supreme Court recently ruled was unconstitutional.
I did not vote in support of S.474 for the same reasons stated previously in my note in the January 27, 2021 Senate Journal as it related at that time to S.1, a Bill that passed and became a law that was subsequently ruled unconstitutional by the South Carolina Supreme Court.
I represent many rural areas, some with few to no resident physicians and with limited access to health care. As such, I remain concerned about the criminal prosecution of physicians which is included in S.474. This will not only conflict, frustrate, and clash with a doctor's ability to treat his or her patients, but will also adversely affect our State's ability to recruit and retain doctors -- especially in underserved areas.
The South Carolina Supreme Court struck down S.1 on grounds that the law violated a state constitutional right to privacy, yet S.474 completely ignores that January 5, 2023, opinion from our tate's highest court by requiring that a woman's private health information must be reported to law enforcement in certain instances -- even when it is against the woman's wishes.
I previously supported H.3114, the S.C. Pain-Capable Unborn Protection Act, or the "20-week abortion ban" in 2015 and 2016, which was ultimately passed and signed into law.
On today's date, I voted in favor of Senator SHEALY's amendment to S.474 which sought to move the effective date of the Bill from six weeks of pregnancy to after the first trimester of pregnancy (or twelve weeks), and which also included the exceptions of rape, incest, fetal anomaly, and medical emergency, without further caveats or qualifiers.
Had Senator SHEALY's amendment to the Legislation been adopted, I would have voted in favor of S.474.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Reappointment, Allendale County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Willard D. Branch, P.O. Box 57, Fairfax, SC 29827-0057
Reappointment, Berkeley County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Evonne J. Whaley, 423 Jenkinsridge Lane, Pineville, SC 29468
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
James B. Gosnell, Jr., 1233 Bamboo Drive, Charleston, SC 29407
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laura Dukes Beck, 176 Croghan Spur Road, Suite 400, Charleston, SC 29407
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Alvin E. Bligen, 1305 Joshua Dr., Charleston, SC 29407-5112
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Frances L. Coain-Lofton, 10009 North Highway 17, McClellanville, SC 29458-9482
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Lauren Ellison Fox, 2127 Pentland Dr., Charleston, SC 29412-2781 VICE Nicholas J. Clekis
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
William Stephen Harris, Jr., 3224 Hydrangea Trail, Johns Island, SC 29455
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amanda Stilley Haselden, 3831 Leeds Avenue, Suite 200, North Charleston, SC 29405-7469
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Ittriss Jermain Jenkins, 16 Dewey Street, Charleston, SC 29403-4121
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amy Jowers Mikell, 247 Ashley Avenue, Charleston, SC 29403-5493
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Sheryl Mitchell Perry, 7836 Highway 162, Hollywood, SC 29449
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amy B. Rothschild, 3073 Rice Field Lane, Mt. Pleasant, SC 29466-7194
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Richardine L. Singleton-Brown, 2172 Edward D. Singleton Drive, Charleston, SC 29412
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Joy D. Stoney, P. O. Box 1262, Johns Island, SC 29457-1262
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
JoAnna E. Summey, 6185 Rivers Avenue, Suite E, North Charleston, SC 29406-4999
Reappointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laura Campbell Waring, 15 Moore Drive, Charleston, SC 29407-7229
Initial Appointment, Cherokee County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Edward P. Suppiger, 147 Petty Drive, Gaffney, SC 29341-4224 VICE David Clary
Initial Appointment, Chester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
W. Cyrus Corbett, 1263 Silverbrook Rd., Chester, SC 29706-8531 VICE Dana Greenleaf
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Russell A. Demott, 1001 Mount Whitney Drive, Summerville, SC 29483-3323
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tara L. Frost, 141 Gadsden Street, Summerville, SC 29483-4320
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Amanda M. Leviner, 207 West Richardson Ave., Summerville, SC 29483-6023
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tera S. Richardson, 214 Eagle Ridge Road, Summerville, SC 29485-8480
Reappointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Peter Brandt Shelbourne, 116 South Oak Street, Summerville, SC 29483-3734
Initial Appointment, Dorchester County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Julie B. Stewart, 106 Tabby Lane, Summerville, SC 29485-8426
Senator SENN desired to be recorded as abstaining in the confirmation of Julie B. Stewart.
Reappointment, Florence County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
Jerry F. Rivers, 1808 Benjamin Blvd., Florence, SC 29501-6309
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
John A. Love, 3827 El Duce Place, Myrtle Beach, SC 29588-4629
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
James McKenzie, 7 Gillette Place, Murrells Inlet, SC 29576-5238
Reappointment, Georgetown County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Steven C. Pop, 47 Deer Moss Court, Pawley's Island, SC 29585-8170
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Benjamin C. Allen, 4041 J and S Countryside Road, Conway, SC 29527-6658
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Christopher J. Arakas, 804 Calhoun Rd., Myrtle Beach, SC 29577-2254
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Manuela Clayton, 1618 Bay Tree Lane, Myrtle Beach , SC 29575-5253
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Monte L. Harrelson, P. O. Box 153, Green Sea, SC 29545-0153
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Mark Ashley Harris, 3817 Walnut St., Loris, SC 29569-2333
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
William N. Hutson, 383 William Nobles Rd., Aynor, SC 29511-2816
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Margie Livingston, 1201 3Rd Ave., Conway, SC 29526-5105
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Bradley D. Mayers, 511 Beaty Street, Conway, SC 29526
Reappointment, Horry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Gerald Whitley, 107 Highway 57 N., Little River, SC 29566-7050
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Rebecca Adams, 111 Lincreek Dr., Columbia, SC 29212-8102
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Brian N. Buck, 104 Oaks Court, Lexington, SC 29072-7496
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Matthew A. Johnson, 3144 Sierra Drive, West Columbia, SC 29170-2713
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Gary S. Morgan, 217 Peach Place Court, Gilbert, SC 29054-8594
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Arther L. Myers, 1297 Savannah Hwy., Swansea, SC 29160-9240
Reappointment, Lexington County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Scott D. Whittle, 4601 Fish Hatchery Road, Gaston, SC 29053-9045
Initial Appointment, Newberry County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Laverne Brock, 138 Glenn Street, Whitmire, SC 29178-1313 VICE Gordon Johnson Sr.
Initial Appointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Wanda Govan, 143 Sweet Maple Drive, Orangeburg, SC 29118 VICE Robert Lake Hill
Reappointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Valerie Lawrence, 108 Ty Drive, Eutawville, SC 29048-8973
Reappointment, Orangeburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Donald Rhett West, 6426 Charleston Hwy., Bowman, SC 29018-8761
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Stephanie Bess, 520 Wild Hickory Lane, Columbia, SC 29216-8038
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Michelle Branch-Howard, 2364 Lang Road, Columbia, SC 29204-1289
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Harold A. Cuff, 516 Motley Road, Hopkins, SC 29061
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Tomothy C. Edmond, 6101 Easter Dr., Columbia, SC 29203
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Patience Orbriel Van Ellis, 192 Traditions Circle, Columbia, SC 29229-8050
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Diedra Hightower, 613 Dulaney Bvd., Columbia, SC 29229-7416
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Deirde Simmons, P. O. Box 2910062, Columbia, SC 29229-0018
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Valerie R. Stroman, Post Office Box 9381, Columbia, SC 29290-0381
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Kela E. Thomas, 22 Sunturf Circle, Columbia, SC 29223-6717
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Christina Thompson, 700 Woodrow Street, #606, Columbia, SC 29205
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Margaret Strom Williams, 1420 Hagood Ave., Columbia, SC 29205-1327
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Barbara J. Wofford-Kanwat, 108 King Charles Rd., Columbia, SC 29209
Reappointment, Richland County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Paulette Edwards, 471 Guard Tower Lane, Columbia, SC 29209-3174
Reappointment, Sumter County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
Cecil Jackson, 115 North Harvin Street, Sumter, SC 29150-4956
Reappointment, Sumter County Magistrate, with the term to commence April 30, 2022, and to expire April 30, 2026
W. Mattison Gamble, 6 Clematis Court, Sumter, SC 29150-2336
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Henry Allen McFaddin of Sumter, S.C. Henry was the sole proprietor and retired from Henry A. McFaddin CPA, LLC. He was a member of First Presbyterian Church where he served in many capacities. He also served as moderator of New Harmony Presbyterian Church. Henry was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 6:39 P.M., on motion of Senator MASSEY, the Senate adjourned to pursuant to the call of the PRESIDENT.
This web page was last updated on Thursday, June 15, 2023 at 11:48 A.M.