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

                                                    NO. 19

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023

_________

THURSDAY, FEBRUARY 8, 2024

Thursday, February 8, 2024
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

John 15:12

Our Lord himself declared: " 'This is my commandment, that you love one another as I have loved you.' "

Bow with me as we pray, please: O Holy God, how challenging, how difficult, how close to impossible it may well be for many of us to comprehend the fullness of Your love. For indeed, dear Lord, as we are reminded, the depth and power of Your unfailing embrace never stops, and at every turn we discover afresh how it is that we ourselves are expected to live: as women and men who care deeply for others, as servants here in this Senate who more than any thing else want loving hopefulness to be experienced by those we serve. And even when disagreements might arise occasionally, or when viewpoints simply vary, may these Senators and staff members hold fast to Your gifts of love and caring, and grant that the women, men and children of South Carolina are greatly blessed as a result. In Your loving name do we humbly pray, O Lord. Amen.

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

Call of the Senate

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

Adams                     Alexander                 Bennett
Campsen                   Cash                      Corbin
Cromer                    Davis                     Fanning
Gambrell                  Garrett                   Goldfinch
Grooms                    Gustafson                 Hembree
Hutto                     Jackson                   Johnson, Michael
Kimbrell                  Loftis                    Martin
Massey                    McElveen                  Peeler
Reichenbach               Rice                      Setzler
Shealy                    Stephens                  Talley
Tedder                    Turner                    Verdin
Williams                  Young

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Henry Dargan McMaster:

Local Appointment

Initial Appointment, Spartanburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
John M. Rollins, Jr., 150 Motlow Creek Road, Campobello, SC 29322-9615 VICE Teresa Ledbetter

Leave of Absence

On motion of Senator RICE, at 11:05 A.M., Senator SENN was granted a leave of absence for today.

Leave of Absence

On motion of Senator SHEALY, at 11:08 A.M., Senator MATTHEWS was granted a leave of absence for today.

Expression of Personal Interest

Senator HUTTO rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 481 (Word version)     Sen. Reichenbach
S. 910 (Word version)     Sen. Devine
S. 994 (Word version)     Sen. Martin
S. 999 (Word version)     Sen. Devine

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1037 (Word version) -- Senators Adams and Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ROYLE ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17A/NORTH MAIN STREET TO ITS INTERSECTION WITH TREELAND DRIVE "WADE ARNETTE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY CONTAINING THESE WORDS.
sr-0577km-vc24.docx

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

S. 1038 (Word version) -- Senators Corbin, Adams, Alexander, Allen, Bennett, Campsen, Cash, Climer, Cromer, Davis, Devine, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Loftis, Malloy, Martin, Massey, Matthews, McElveen, McLeod, Peeler, Rankin, Reichenbach, Rice, Sabb, Senn, Setzler, Shealy, Stephens, Talley, Tedder, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE GREER CHAMBER OF COMMERCE AND ITS MISSION TO CONNECT, ENGAGE, PROVIDE OPPORTUNITIES, AND ADVOCATE FOR THE GREATER GREER BUSINESS COMMUNITY; TO COMMEND LEADERSHIP GREER AS A DISTINGUISHED PROFESSIONAL DEVELOPMENT PROGRAM AND HONOR ITS GOALS OF INCREASING COMMUNITY ACTIVISM, PRODUCING COMMUNITY LEADERS, AND ENHANCING BUSINESS-TO-BUSINESS CONNECTIONS; AND TO PROCLAIM TUESDAY, FEBRUARY 13, 2024, AS "LEADERSHIP GREER DAY" IN SOUTH CAROLINA.
lc-0363dg-gm24.docx

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

S. 1039 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 34-47-10 SO AS TO PROVIDE DEFINITIONS RELATED TO CRYPTOCURRENCY; BY ADDING SECTION 34-47-20 SO AS TO PERMIT AN INDIVIDUAL TO USE DIGITAL ASSETS AND TO PROHIBIT ADDITIONAL TAXATION OF DIGITAL ASSETS; BY ADDING SECTION 34-47-30 SO AS TO PERMIT AN INDIVIDUAL TO PARTICIPATE IN HOME DIGITAL ASSET MINING; BY ADDING SECTION 34-47-40 SO AS TO PROVIDE THAT AN INDIVIDUAL ENGAGED IN HOME DIGITAL ASSET MINING OR A DIGITAL ASSET MINING BUSINESS SHALL NOT BE REQUIRED TO OBTAIN A MONEY TRANSMITTER LICENSE, AND TO PERMIT THE USE OF NODES FOR THE PURPOSE OF CONNECTING TO A BLOCKCHAIN PROTOCOL AND TRANSFERRING DIGITAL ASSETS.
sr-0529km24.docx

Read the first time and referred to the Committee on Banking and Insurance.

H. 4832 (Word version) -- Reps. Hardee, Sandifer, Anderson, Ligon and Schuessler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PAID FAMILY LEAVE INSURANCE ACT" BY ADDING CHAPTER 103 TO TITLE 38 SO AS TO DEFINE TERMS, ESTABLISH FAMILY LEAVE BENEFITS, OUTLINE REQUIREMENTS OF FAMILY LEAVE INSURANCE POLICIES, AND TO PROVIDE EXCLUSIONS, AMONG OTHER THINGS.
lc-0307ph24.docx

Read the first time and referred to the Committee on Banking and Insurance.

H. 4876 (Word version) -- Reps. Jefferson, Cobb-Hunter, Robbins, Gatch, Murphy and Brewer: A BILL TO CHANGE THE CANDIDATE FILING METHOD FOR THE BOARD OF TRUSTEES OF DORCHESTER COUNTY SCHOOL DISTRICT 4 FROM THE PETITION METHOD TO THE FILING OF A STATEMENT OF INTENTION OF CANDIDACY WITH THE DORCHESTER COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS.
lc-0357hdb24.docx

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 5067 (Word version) -- Reps. Jordan, 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, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF DR. JOSEPH M. "JAY" PEARSON, JR., OF FLORENCE, TO CELEBRATE HIS LIFE, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
lc-0590wab-rm24.docx

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

REPORTS OF STANDING COMMITTEE

Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 697 (Word version) -- Senators Goldfinch and Campsen: A CONCURRENT RESOLUTION TO ENCOURAGE THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES TO DEVELOP A MARINE RECREATIONAL OFFSHORE HARVEST DATA COLLECTION PROGRAM TO CONSERVE MARINE FISHERIES WHILE ENSURING SOUTH CAROLINIANS AND THOSE WHO VISIT OUR COAST EACH YEAR HAVE ACCESS TO OUR PUBLIC TRUST RESOURCES.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:

S. 903 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 5 OF ACT 91 OF 2021, RELATING TO FLOUNDER CATCH LIMITS, SO AS TO REPEAL THE SUNSET CLAUSE.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 3993 (Word version) -- Reps. Brewer, West, Lawson, Mitchell, Yow, Sessions, Leber, Ott, Guffey, Atkinson, B.L. Cox, Forrest, B. Newton, Gatch, Hager, Hixon, Murphy and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-1920, RELATING TO THE SALE OF EXOTIC FARM-RAISED VENISON, SO AS TO PROVIDE AN EXCEPTION.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4047 (Word version) -- Rep. Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 50-15-100 SO AS TO PROHIBIT THE RELEASE OF RECORDS REGARDING THE OCCURRENCE OF RARE, THREATENED, ENDANGERED, OR IMPERILED PLANT AND ANIMAL SPECIES BY THE DEPARTMENT OF NATURAL RESOURCES.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

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

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

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

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

Amendment No. 2

Senator SENN proposed the following amendment (SR-423.JG0004S), which was carried over:

Amend the bill, as and if amended, SECTION 4, by striking Section 44-53-2410(A)(4) and inserting:
    (4)   no more than three therapeutic cannabis pharmacy licenses in any single county;

Renumber sections to conform.

Amend title to conform.

On motion of Senator RICE, the amendment was carried over.

Senator HEMBREE spoke on the Bill.

Motion Adopted

On motion of Senator PEELER, with unanimous consent, Senator PEELER was granted leave to attend a meeting and was granted leave to vote from the balcony.

Senator HEMBREE continued speaking on the Bill.

Senator DAVIS spoke on the Bill.

Motion Adopted

On motion of Senator MASSEY, with Senator DAVIS retaining the floor on S. 423, the Senate agreed to stand adjourned.

Debate was interrupted by adjournment.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Spartanburg County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
John M. Rollins, Jr., 150 Motlow Creek Road, Campobello, SC 29322-9615 VICE Teresa Ledbetter

Motion Adopted

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

MOTION ADOPTED

On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William "Billy" Strother Darby, Jr. of Walhalla, S.C. Billy graduated from Walhalla High School where he excelled in sports resulting in having his football jersey retired. He held the state record for the long jump, played baseball, basketball and enjoyed competitive water skiing. He graduated from the University of Georgia, where he played football, and received his doctorate from MUSC Medical School before returning home to practice medicine at Oconee Medical Center for forty years. Billy was an avid bird hunter who opened Whitetail Kennels thirty-five years ago and started the Palmetto Pointing Breed Club where he trained AKC and NSTRA field champions. Billy was a loving husband, devoted father and doting grandfather who will be dearly missed.

and

MOTION ADOPTED

On motion of Senator VERDIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Melva M. Heintz of Greenville, S.C. Melva earned her bachelor's degree from Bob Jones University and a master's in science from Case Western Reserve University. She taught elementary school and served as principal in several schools in northern Ohio and faithfully served in many capacities at First Baptist Church in Willowick, Ohio. In 1970, Melva became the first principal at Bob Jones Elementary School where she built the school into a model institution. Melva was awarded the Order of the Palmetto and was listed several times in Who's Who Among Educators in the United States. She sang in the University Concert Chorale, summertime church choirs and was a member of Faith Free Presbyterian Church where she supported many missionaries. Melva's high standards of excellence, genuine love for children and concern for their spiritual and academic advancement made her a special lady that will be dearly missed.

ADJOURNMENT

At 2:06 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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