NO. 41
REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2025
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Jeff Lingerfelt as follows:
Our thought for today is from Psalm 113:4-6: "The Lord is high above all nations; His glory is above the heavens. Who is like the Lord our God, who is enthroned on high, who humbles Himself to behold the things that are in heaven and in the earth?
Let us pray. O Lord Most High, Your sovereignty rules over all the earth; You are exalted far above all gods. Behold, all the nations are like a drop from a bucket and are regarded as a speck of dust on the scales; You O LORD lift up the islands like fine dust. All the nations are as nothing before Him, they are regarded by You as less than nothing and meaningless. As we continue in this Passion Week, we see the greatness of your humility, taking upon humanity in stooping into time and space in the likeness of Your son to deal with our greatest human need. We have sinned against you in thought, word and deed. O Lord may all see that you have dealt with our greatest need! Use us as your human agents in the realm of government to administer your will in all we do. We realize we are needy, made of dust and dependent on you. Help us to be Your servants in the administration of this great State! May we all evaluate ourselves according to your standard, asking that You would bestow Grace upon Grace to meet us in our time of need. All for Your glory we ask these things. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Willie Mae Reames, which was agreed to.
Mr. Speaker, I rise to ask that this body adjourn today in memory of Mrs. Willie Mae Capers Reames of Bishopville, South Carolina, affectionately known to all who loved her as "Mooch."
Mrs. Reames was born May 14, 1922, and departed this life on March 23, 2026, at the age of 103. She was a woman of deep faith, a devoted homemaker, and a mother whose love stretched across generations. She raised eight children, and from that foundation grew 28 grandchildren, 38 great-grandchildren, and 11 great-great-grandchildren. She was, in every sense, a tree that kept bearing fruit.
She was a member of New Zion AME Church in Wisacky, and she carried her faith not as a title, but as a way of life.
Mr. Speaker, Lee County has lost a matriarch. But the community she built will not crumble. It will carry her forward.
I ask that we adjourn in her memory, and I ask God's comfort over her family, her church, and all who called her "Mooch."
Rep. Keishan M. Scott
Document No. 5412
Agency: University of South Carolina
Statutory Authority: 1976 Code Sections 56-21-10 et seq.
Parking and Transportation Services
Received by Speaker of the House of Representatives January 13, 2026
Referred to Regulations, Administrative Procedures, AI and Cybersecurity Committee
Legislative Review Expiration May 3, 2026
Revised: May 4, 2026
The following was introduced: H. 5478 (Word version) -- Reps. Williams, King, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Bowers, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Cox, Crawford, Cromer, Davis, Dillard, Duncan, Edgerton, Erickson, Ford, Forrest, Frank, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Gilreath, Govan, Grant, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hartz, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Holman, Hosey, Howard, Huff, J. E. Johnson, J. L. Johnson, Jones, Jordan, Kilmartin, Kirby, Landing, Lastinger, Lawson, Ligon, Long, Lowe, Luck, Magnuson, Martin, McCabe, McCravy, McDaniel, McGinnis, C. Mitchell, D. Mitchell, Montgomery, J. Moore, T. Moore, Morgan, Moss, Neese, B. Newton, W. Newton, Oremus, Pace, Pedalino, Pope, Rankin, Reese, Rivers, Robbins, Rose, Rutherford, Sanders, Schuessler, Scott, Sessions, G. M. Smith, M. M. Smith, Spann-Wilder, Stavrinakis, Taylor, Teeple, Terribile, Vaughan, Waters, Weeks, Wetmore, White, Whitmire, Wickensimer, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROBERT ANTHONY FOR HIS REMARKABLE TALENTS IN MUSIC, THEATER, AND FILM THAT HE SHARES WITH PURPOSE AND SINCERITY.
The Resolution was adopted.
The following was introduced:
H. 5479 (Word version) -- Reps. Gilliard, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Bowers, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Cox, Crawford, Cromer, Davis, Dillard, Duncan, Edgerton, Erickson, Ford, Forrest, Frank, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilreath, Govan, Grant, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hartz, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Holman, Hosey, Howard, Huff, J. E. Johnson, J. L. Johnson, Jones, Jordan, Kilmartin, King, Kirby, Landing, Lastinger, Lawson, Ligon, Long, Lowe, Luck, Magnuson, Martin, McCabe, McCravy, McDaniel, McGinnis, C. Mitchell, D. Mitchell, Montgomery, J. Moore, T. Moore, Morgan, Moss, Neese, B. Newton, W. Newton, Oremus, Pace, Pedalino, Pope, Rankin, Reese, Rivers, Robbins, Rose, Rutherford, Sanders, Schuessler, Scott, Sessions, G. M. Smith, M. M. Smith, Spann-Wilder, Stavrinakis, Taylor, Teeple, Terribile, Vaughan, Waters, Weeks, Wetmore, White, Whitmire, Wickensimer, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WEST ASHLEY HIGH SCHOOL NAVY JUNIOR RESERVE OFFICERS TRAINING CORPS CADETS FOR THEIR EXEMPLARY COMMUNITY SERVICE. The Resolution was adopted.
The following was introduced:
H. 5480 (Word version) -- Reps. Wetmore, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Bowers, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Cox, Crawford, Cromer, Davis, Dillard, Duncan, Edgerton, Erickson, Ford, Forrest, Frank, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Gilreath, Govan, Grant, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hartz, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Holman, Hosey, Howard, Huff, J. E. Johnson, J. L. Johnson, Jones, Jordan, Kilmartin, King, Kirby, Landing, Lastinger, Lawson, Ligon, Long, Lowe, Luck, Magnuson, Martin, McCabe, McCravy, McDaniel, McGinnis, C. Mitchell, D. Mitchell, Montgomery, J. Moore, T. Moore, Morgan, Moss, Neese, B. Newton, W. Newton, Oremus, Pace, Pedalino, Pope, Rankin, Reese, Rivers, Robbins, Rose, Rutherford, Sanders, Schuessler, Scott, Sessions, G. M. Smith, M. M. Smith, Spann-Wilder, Stavrinakis, Taylor, Teeple, Terribile, Vaughan, Waters, Weeks, White, Whitmire, Wickensimer, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF GREGORY GEORGE ANDERSON OF FOLLY BEACH AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced: H. 5481 (Word version) -- Reps. Erickson, Bradley, Terribile, Kilmartin, Lastinger, Gilreath, Bowers, Alexander, Rivers, Hartnett, Garvin, Vaughan, Frank, Grant, Huff, D. Mitchell and McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2025-2026 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 943 (Word version) -- Senator Chaplin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE SECTION OF HIGHWAY 151 IN FRONT OF THE SHERRIF'S OFFICE IN DARLINGTON COUNTY THE "DEPUTY FRANK DEVIN MASON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1068 (Word version) -- Senator Walker: A CONCURRENT RESOLUTION TO HONOR AND COMMEND ALFREDA WALTERS TINDAL FOR MORE THAN FOUR DECADES OF EXEMPLARY PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5482 (Word version) -- Reps. Bowers, Willis, Frank and Pace: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-104-20, RELATING TO THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, SO AS TO ADD THE CLASSIC LEARNING TEST AS AN APPROVED ASSESSMENT FOR RECEIVING SCHOLARSHIPS; BY AMENDING SECTION 59-149-50, RELATING TO THE LIFE SCHOLARSHIP, SO AS TO AMEND THE QUALIFICATIONS FOR A LIFE SCHOLARSHIP TO INCLUDE ACT AND CLT SCORES; AND BY AMENDING SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO AMEND THE DEFINITION OF "TALENTED AND QUALIFIED RESIDENT" TO INCLUDE ACT AND CLT SCORES.
Referred to Committee on Education and Public Works
H. 5483 (Word version) -- Reps. Erickson, Bradley, McGinnis, Hartnett, Teeple and Vaughan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "EDUCATOR SAFETY AND CLASSROOM AUTHORITY ACT OF 2026" BY ADDING ARTICLE 6 TO CHAPTER 63, TITLE 59, SO AS TO PROVIDE FOR EDUCATOR SAFETY AND CLASSROOM AUTHORITY, TO DEFINE NECESSARY TERMS, TO ESTABLISH THE AUTHORITY OF EDUCATORS IN CLASSROOM MANAGEMENT AND STUDENT DISCIPLINE, TO PROVIDE PROCEDURES FOR STUDENT REFERRAL, REMOVAL, AND ADMINISTRATIVE RESPONSE, TO PROVIDE PROTECTIONS FOR EDUCATORS, ADMINISTRATORS, AND STAFF, TO REQUIRE CERTAIN ACTIONS BY THE STATE BOARD OF EDUCATION, AND TO PROVIDE FOR IMPLEMENTATION BY SCHOOL DISTRICTS.
Referred to Committee on Education and Public Works
H. 5484 (Word version) -- Rep. J. L. Johnson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ENERGY AFFORDABILITY ACT" BY AMENDING SECTION 58-37-20, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR DEMAND-SIDE PILOT PROGRAMS; BY AMENDING SECTION 58-37-120, RELATING TO APPLICATIONS FOR PERMIT, SO AS TO REQUIRE A PUBLIC COMMENT PERIOD FOR ANY APPLICATION FOR A PERMIT FOR AN ENERGY INFRASTRUCTURE PROJECT, AND TO REQUIRE NOTICE TO AFFECTED LANDOWNERS IF A PUBLIC UTILITY THAT PLANS TO CONSTRUCT, OR HAS ENTERED INTO AGREEMENTS TO CONSTRUCT, AN ENERGY INFRASTRUCTURE PROJECT THAT MAY RESULT IN THE USE OF EMINENT DOMAIN AND TO PRESCRIBE THE METHODS AND CONTENT OF THE NOTICE, AND TO REQUIRE THE OFFICE OF REGULATORY STAFF TO PROVIDE THE PROPERTY OWNER A SUMMARY OF OWNER RIGHTS UNDER STATE EMINENT DOMAIN LAW IF THE PROPERTY OWNER CONTACTS THE OFFICE OF REGULATORY STAFF AFTER RECEIVING NOTICE; BY ADDING SECTION 58-27-835 SO AS TO PROVIDE FOR THE TERMS AND CONDITIONS OF ELECTRIC SERVICE TO COMMERCIAL DATA CENTERS; BY ADDING SECTION 58-27-836 SO AS TO PROVIDE FOR REPORTS TO THE DEPARTMENT OF ENVIRONMENTAL SERVICES CONCERNING SURFACE AND GROUND WATER USED BY COMMERCIAL DATA CENTERS; BY ADDING SECTION 58-27-837 SO AS TO REQUIRE COMMERCIAL DATA CENTERS TO FILE DECOMMISSIONING PLANS AND DECOMMISSIONING FINANCIAL ASSURANCE INSTRUMENTS WITH THE DEPARTMENT OF ENVIRONMENTAL SERVICES; BY AMENDING SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE THAT THE COMPUTER EQUIPMENT EXEMPTION IS AVAILABLE TO A TAXPAYER THAT ENTERED INTO A FEE-IN-LIEU AGREEMENT ON OR BEFORE MAY 30, 2026; TO PROVIDE THAT THE EXEMPTION FOR ELECTRICITY USED BY A TECHNOLOGY INTENSIVE FACILITY IS NOT AVAILABLE TO A TAXPAYER THAT DID NOT CLAIM THE CREDIT PRIOR TO MAY 30, 2026; TO PROVIDE THAT TO CLAIM THE EXEMPTION FOR ORIGINAL OR REPLACEMENT COMPUTERS, COMPUTER EQUIPMENT, AND COMPUTER HARDWARE AND SOFTWARE PURCHASES USED IN A DATACENTER, THE TAXPAYER MUST HAVE NOTIFIED THE DEPARTMENTS OF REVENUE AND COMMERCE OF ITS INTENTION TO CLAIM THE CREDIT ON OR BEFORE MAY 30, 2026; AND TO PROVIDE THAT THE EXEMPTION FOR ORIGINAL OR REPLACEMENT COMPUTERS, COMPUTER EQUIPMENT, AND COMPUTER HARDWARE AND SOFTWARE PURCHASES USED IN A DATACENTER THE TAXPAYER MUST HAVE BEEN CERTIFIED BY THE DEPARTMENT OF COMMERCE PRIOR TO MAY 30, 2030; AND BY AMENDING SECTION 58-27-840, RELATING TO PROHIBITIONS ON PREFERENCES AND UNREASONABLE RATES, SO AS TO REQUIRE ELECTRICAL UTILITIES TO OFFER DISCOUNTED RATES TO LOW INCOME HOUSEHOLDS, SUBJECT TO THE COMMISSION'S APPROVAL.
Referred to Committee on Labor, Commerce and Industry
H. 5485 (Word version) -- Reps. Pedalino and Neese: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-190, RELATING TO SCHEDULE 1 CONTROLLED SUBSTANCES, SO AS TO ADD TIANEPTINE TO SCHEDULE 1.
Referred to Committee on Judiciary
H. 5486 (Word version) -- Rep. Grant: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-6-120 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONDUCT AN ANNUAL REVIEW OF MEDICATIONS AND TREATMENTS FOR CHRONIC AND RARE KIDNEY DISEASES FOR ENROLLEES IN THE SOUTH CAROLINA MEDICAID PROGRAM IN ORDER TO DETERMINE THE ADEQUACY OF THE AVAILABLE TREATMENTS AND TO MAKE RECOMMENDATIONS REGARDING POTENTIAL NEW TREATMENTS; TO REQUIRE THE DEPARTMENT TO PUBLISH AN ANNUAL REPORT; AND FOR OTHER PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5487 (Word version) -- Rep. C. Mitchell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTED PERSONS, SO AS TO ALLOW AN ADOPTED PERSON EIGHTEEN YEARS OR OLDER TO RECEIVE A COPY OF THE PERSON'S ORIGINAL BIRTH CERTIFICATE UPON SUBMITTING A WRITTEN REQUEST TO THE STATE REGISTRAR; AND FOR OTHER PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5488 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-65-20, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA TEXTILES COMMUNITIES REVITALIZATION ACT, SO AS TO SPECIFY QUALIFYING REQUIREMENTS FOR CERTAIN REHABILITATION EXPENSES.
Referred to Committee on Ways and Means
S. 894 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-74, RELATING TO THE ELECTRONIC FILING AND TRANSMISSION OF DEATH CERTIFICATES, SO AS TO ALLOW FOR A DEATH CERTIFICATE TO BE FILED ON THE NEXT BUSINESS DAY FOLLOWING THE WEEKEND OR A HOLIDAY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 935 (Word version) -- Senator Tedder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-1-320 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC HEALTH TO CREATE A PAMPHLET ON RENDERING SEIZURE FIRST AID TO INDIVIDUALS WHO HAVE SUFFERED A SEIZURE IN THE WORKPLACE AND TO REQUIRE STATE GOVERNMENTAL ENTITIES TO POST THE PAMPHLET IN A CONSPICUOUS LOCATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 958 (Word version) -- Senators Verdin and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-400 SO AS TO DEFINE TERMS RELATING TO THE STATE HEALTH FACILITY LICENSURE ACT; TO PROVIDE THAT PATIENT BEDS MAY BE USED IN HALLWAYS, CORRIDORS, AND OTHER MEANS OF EGRESS DURING A JUSTIFIED EMERGENCY UPON THE DISCRETION OF THE ON-SITE EMERGENCY PHYSICIAN; TO REQUIRE THAT HOSPITALS REMOVE ALL PATIENT BEDS IN HALLWAYS, CORRIDORS, AND MEANS OF EGRESS WHEN THERE IS NO JUSTIFIED EMERGENCY; AND TO PROVIDE THAT HOSPITALS MUST MAINTAIN A CLEAR PATHWAY IN HALLWAYS, CORRIDORS, AND MEANS OF EGRESS IN A JUSTIFIED EMERGENCY, REGARDLESS OF WHETHER PATIENT BEDS ARE PRESENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Howard Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
The SPEAKER granted Rep. MCCABE a leave of absence for the day.
The SPEAKER granted Rep. MORGAN a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. SPANN-WILDER a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. POPE a temporary leave of absence.
The SPEAKER granted Rep. CALHOON a temporary leave of absence.
The SPEAKER granted Rep. GILLIAM a temporary leave of absence.
Rep. ROSE presented to the House the Heathwood Hall Academy "Highlanders" Boy's JV Basketball Championship Team.
Rep. ROSE presented to the House the Heathwood Hall Academy "Lady Highlanders" SCISA 4-A Girls Cross Country Championship Team.
Rep. ROSE presented to the House the Heathwood Hall Academy "Lady Highlanders" SCISA 4-A Girls JV Basketball Championship Team.
Rep. BERNSTEIN presented to the House A. C. Flora High School "Lady Falcons" Tennis State Champions.
Rep. BERNSTEIN presented to the House the A. C. Flora High School "Lady Falcons" Competitive Cheerleading State Champions.
Rep. LIGON presented to the House the Rock Hill High School "Lady Bearcats" AAAAA Girls Wrestling State Champions.
Announcement was made that Dr. Stephanie Scott of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3034 (Word version)
Date: ADD:
04/01/26 J. E. JOHNSON and B. NEWTON
Bill Number: H. 3197 (Word version)
Date: ADD:
04/01/26 HENDERSON-MYERS
Bill Number: H. 4042 (Word version)
Date: ADD:
04/01/26 TAYLOR and HIXON
Bill Number: H. 4161 (Word version)
Date: ADD:
04/01/26 VAUGHAN
Bill Number: H. 4477 (Word version)
Date: ADD:
04/01/26 COLLINS, SCHUESSLER, HERBKERSMAN and M. M. SMITH
Bill Number: H. 4611 (Word version)
Date: ADD:
04/01/26 WEEKS
Bill Number: H. 4764 (Word version)
Date: ADD:
04/01/26 GIBSON
Bill Number: H. 4805 (Word version)
Date: ADD:
04/01/26 HART
Bill Number: H. 4817 (Word version)
Date: ADD:
04/01/26 J. E. JOHNSON and W. NEWTON
Bill Number: H. 4974 (Word version)
Date: ADD:
04/01/26 MARTIN, CHAPMAN, GAGNON, SANDERS, VAUGHAN, PEDALINO, WILLIS, CRAWFORD, ERICKSON and HARTNETT
Bill Number: H. 5111 (Word version)
Date: ADD:
04/01/26 HARTZ
Bill Number: H. 5122 (Word version)
Date: ADD:
04/01/26 CASKEY
Bill Number: H. 5249 (Word version)
Date: ADD:
04/01/26 HEWITT
Bill Number: H. 5331 (Word version)
Date: ADD:
04/01/26 BEACH, D. MITCHELL and CHUMLEY
Bill Number: H. 5362 (Word version)
Date: ADD:
04/01/26 D. MITCHELL, BURNS, TERRIBILE and CHUMLEY
Bill Number: H. 5363 (Word version)
Date: ADD:
04/01/26 D. MITCHELL, BURNS, TERRIBILE and CHUMLEY
Bill Number: H. 5444 (Word version)
Date: ADD:
04/01/26 BURNS
Bill Number: H. 5445 (Word version)
Date: ADD:
04/01/26 REESE
The following Bill was taken up:
H. 4292 (Word version) -- Reps. Martin, Terribile, M. M. Smith, Robbins, Cox, Brewer, Holman, Duncan, Sanders, Bailey, Lawson, Pope, Ligon, Davis, W. Newton, Guffey, Gilreath, Long, Wooten, Teeple, Montgomery, C. Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ROADWAY PROTECTION AND SAFETY ACT" BY ADDING SECTION 56-5-3910 SO AS TO PROVIDE DEFINITIONS, TO PROVIDE IT IS UNLAWFUL TO PARTICIPATE IN, ORGANIZE, OR BE A SPECTATOR, AIDER, OR ABETTOR OF A STREET TAKEOVER, AND TO PROVIDE PENALTIES.
Rep. BURNS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Ballentine Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Garvin Gibson Gilreath Govan Grant Guest Guffey Haddon Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Reese Rivers Rose Rutherford Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the third time and ordered sent to the Senate.
I was temporarily out of the Chamber on constituent business during the vote on H. 4292 (Word version). If I had been present, I would have voted in favor of the bill.
I was temporarily out of the Chamber on constituent business during the vote on H. 4292 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. JA Moore
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4804 (Word version) -- Reps. T. Moore, Pope, White, Cromer, Edgerton, Burns, Beach, Morgan, Terribile, Pace, Kilmartin, Gilreath, Magnuson, Frank, McCravy, Hartz, D. Mitchell, Haddon, Willis, Vaughan, Pedalino, Chumley, Govan, Wickensimer, Lastinger, C. Mitchell, Yow, Guffey, Bowers, Ligon, Chapman, B. Newton, W. Newton, Forrest, Oremus and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM PENALTY TO FIVE YEARS' IMPRISONMENT; BY AMENDING SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCREASE THE MINIMUM PENALTY TO THREE YEARS' IMPRISONMENT; AND BY AMENDING SECTION 16-15-410, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO ESTABLISH PENALTIES BASED ON THE NUMBER OF IMAGES POSSESSED, INCLUDING A PENALTY OF UP TO TEN YEARS IF THERE ARE ONE TO TWENTY-FIVE IMAGES, ONE TO TEN YEARS IF THERE ARE TWENTY-SIX TO TWO HUNDRED FIFTY IMAGES, AND A PENALTY OF TWO TO TEN YEARS IF THERE ARE MORE THAN TWO HUNDRED FIFTY IMAGES; AND TO ESTABLISH THAT A PERSON WHO IS REQUIRED TO REGISTER AS A SEX OFFENDER AND VIOLATES THE PROVISIONS OF THIS SECTION, UPON CONVICTION, MUST SERVE A MINIMUM OF FIVE YEARS H. 4591 (Word version) -- Reps. Guffey, Pope, Oremus, Martin, Schuessler, Sessions, T. Moore, Chapman, Lawson, Brewer, Ford, Pedalino, Ligon, Robbins, Terribile, Huff, Govan, Wickensimer, Lastinger, W. Newton, Hewitt, Calhoon and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "STOP HARM FROM ADDICTIVE SOCIAL MEDIA (SHASM) ACT"; AND BY ADDING ARTICLE 9 TO CHAPTER 5, TITLE 39 SO AS TO REQUIRE COVERED SOCIAL MEDIA PLATFORMS TO USE REASONABLE MEANS TO ESTIMATE THE AGE OF CERTAIN ACCOUNT HOLDERS, TO VERIFY THE AGE OF CERTAIN ACCOUNT HOLDERS, TO CREATE DEFAULT ACCOUNT SETTINGS FOR CERTAIN USERS, AND TO CREATE CERTAIN PARENTAL CONSENTS.
H. 5075 (Word version) -- Reps. T. Moore, B. Newton, Sanders, M. M. Smith, Montgomery, Bowers, Wickensimer, Guest and C. Mitchell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 2, TITLE 30, SO AS TO PROHIBIT PUBLIC BODIES FROM COLLECTING OR DISCLOSING CERTAIN PERSONAL INFORMATION ABOUT DONORS, MEMBERS, AND SUPPORTERS OF NONPROFIT ORGANIZATIONS, TO PROVIDE EXEMPTIONS, AND TO ESTABLISH PENALTIES FOR VIOLATIONS.
H. 3013 (Word version) -- Reps. Robbins, Pope, Pedalino, McCravy, W. Newton, C. Mitchell, Govan, Erickson, Bradley and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-3-820, RELATING TO QUALIFICATIONS TO SERVE AS A GUARDIAN AD LITEM IN PRIVATE FAMILY COURT CASES, SO AS TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK TO SERVE AS A GUARDIAN AD LITEM. H. 4761 (Word version) -- Reps. Erickson, Taylor, Bradley, Brewer, Chapman, Crawford, Davis, Duncan, Forrest, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Herbkersman, Hewitt, Hiott, Hixon, Holman, J. E. Johnson, Lawson, Long, Lowe, McCravy, McGinnis, C. Mitchell, Oremus, W. Newton, Pedalino, Pope, Robbins, Sanders, Sessions, G. M. Smith, M. M. Smith, Vaughan, Whitmire, Wickensimer, Willis, Yow, Magnuson, Terribile, Teeple, Pace, Cromer, Edgerton, D. Mitchell, Gilreath, Huff, Frank, White and Kilmartin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-15 SO AS TO PROVIDE ANNUAL EVALUATIONS OF FACULTY AT PUBLIC INSTITUTIONS OF HIGHER LEARNING IN THIS STATE, TO REQUIRE SCHOOLS ADOPT RELATED POLICIES, TO PROVIDE REQUIREMENTS FOR THE POLICIES, AND TO PROVIDE RELATED PROCEDURES AND REPORTING REQUIREMENTS; AND BY ADDING SECTION 59-101-17 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING SHALL ESTABLISH POST-TENURE REVIEW PROCESSES FOR TENURED FACULTY MEMBERS, TO PROVIDE REQUIREMENTS FOR THESE PROCESSES, AND TO PROVIDE RELATED PROCEDURES AND REPORTING REQUIREMENTS.
H. 3873 (Word version) -- Reps. Erickson, Crawford, Bernstein, Calhoon, Teeple and Bowers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-3-35, RELATING TO THE DISTRIBUTION OF FINGERPRINT AND DNA IDENTIFICATION KITS THROUGH PUBLIC SCHOOLS, SO AS TO MAKE THE DISTRIBUTION MANDATORY INSTEAD OF UPON REQUEST.
H. 4610 (Word version) -- Reps. J. Moore, Oremus, M. M. Smith, Davis, Robbins, Pope, Bustos, Landing, Teeple, Hartnett, Sessions, B. Newton, Wickensimer, Wetmore, Bradley, Reese, Cox, Stavrinakis, Gatch, J. L. Johnson, Rutherford, Hosey, Gilliard, Grant, Hart, Crawford, Guest, McGinnis, Hardee, Holman, Bamberg, Willis, Burns, Chumley, Bowers and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STATE AMERICAN SIGN LANGUAGE SYMBOL ACT" BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE THE "I LOVE YOU" (ILY) HAND GESTURE AS THE OFFICIAL AMERICAN SIGN LANGUAGE SYMBOL OF THE STATE OF SOUTH CAROLINA; AND BY ADDING ARTICLE 29 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE AND CERTAIN STATE AGENCIES SHALL INCORPORATE THE "I LOVE YOU" GESTURE AS APPROPRIATE.
The following Bill was taken up:
H. 5168 (Word version) -- Reps. C. Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-687 SO AS TO DESIGNATE "CAROLINA UNTIL I DIE" BY PATRICK DAVIS AS AN OFFICIAL STATE SONG.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 5168 (Word version) (LC-5168.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-687 and inserting:
Section 1-1-687. "Carolina Until When I Die" by Patrick Davis is designated as an official state song.
Renumber sections to conform.
Amend title to conform.
Rep. C. MITCHELL explained the amendment.
The amendment was then adopted.
Rep. C. MITCHELL explained the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Bernstein Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Duncan Erickson Ford Gagnon Garvin Gatch Gibson Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson J. L. Johnson Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Lowe Luck Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Rankin Reese Rivers Robbins Rose Rutherford Schuessler Scott G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Edgerton Harris Long Magnuson Pace White
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 5168 (Word version). If I had been present, I would have voted against the Bill.
Rep. Phillip Bowers
I was temporarily out of the Chamber on constituent business during the vote on H. 5168 (Word version). If I had been present, I would have voted in favor of the Bill.
The following Bill was taken up:
H. 4805 (Word version) -- Reps. W. Newton, C. Mitchell, B. Newton, Pope, White, Robbins and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-5-610, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE ELECTION OF AT-LARGE JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO CONVERT THREE AT-LARGE CIRCUIT COURT SEATS TO RESIDENT SEATS IN THE FIRST, THIRD, AND EIGHTH CIRCUITS; AND BY AMENDING SECTION 63-3-40, RELATING TO THE NUMBER OF FAMILY COURT JUDGES TO BE ELECTED FROM EACH CIRCUIT, SO AS TO CONVERT FOUR AT-LARGE FAMILY COURT SEATS TO RESIDENT SEATS IN THE FIFTH, TENTH, AND TWELFTH CIRCUITS.
The Committee on Judiciary proposed the following Amendment
No. 1 to H. 4805 (Word version) (LC-4805.AHB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 14-5-610(B) and (C) and inserting:
(B) One judge must be elected from the sixth circuit. Two judges must be elected from the first, second, fourth, eighth, tenth,sixth and sixteenth circuits. Three judges must be elected from the thirdfirst, seventh, eighth, tenth, eleventh, twelfth, and fourteenth, and fifteenth circuits. Four judges must be elected from the third circuitand fifteenth circuits. Five judges must be elected from the fifth, ninth, and thirteenth circuits. Six judges must be elected from the fifth circuit.
(C) In addition to the above judges authorized by this section, there must be sevenfour additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 74, respectively.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The additional circuit court judge added in the fifth judicial circuit by this act must be a resident judge in Kershaw County.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The additional circuit court judge added in the tenth judicial circuit by this act must be a resident judge in Oconee County.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the fifth and tenth circuit for election in 2027 as provided by law. The Judicial Merit Selection Commission shall begin the process of nominating candidates for the new judicial offices in the sixth and fifteenth circuit one year later for election in 2028 as provided by law. The General Assembly then shall elect these judges from the nominees of the commission; except that, the nominating process may not begin until funding for the additional judges is provided in the general appropriations act.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 9-8-60(1) of the S.C. Code is amended to read:
(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed teneight years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service;
(b) attained age seventy and completed at least fifteen years of credited service; or (c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty-five with at least four years' earned service in the position of judge, solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly, and also must be a member of the retirement system unless the person files a statement with the board on a form prescribed by the board electing not to participate in the applicable system while a member of the General Assembly. A person making this election shall not make contributions to the applicable retirement system nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the applicable retirement system after ceasing to be a member of the General Assembly.
Renumber sections to conform.
Amend title to conform.
Rep. JORDAN explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Reese Rivers Robbins Rose Rutherford Schuessler Scott G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4805 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. JA Moore
I was temporarily out of the Chamber on constituent business during the vote on H. 4805 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. MAGNUSON asked unanimous consent to recall H. 5183 (Word version) from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
Rep. KILMARTIN asked unanimous consent to recall S. 1020 (Word version) from the Committee on Lexington Delegation.
Rep. WATERS objected.
Rep. EDGERTON asked unanimous consent to recall H. 4671 (Word version) from the Committee on Judiciary.
Rep. KING objected.
The Veto on the following Act was taken up:
(R. 118, H. 5182 (Word version)) -- Reps. Hager, Erickson and W. Newton: AN ACT TO AUTHORIZE THE JASPER COUNTY COUNCIL TO PROVIDE LOCAL FUNDS ON A PER-PUPIL BASIS TO CHARTER SCHOOLS IN THE COUNTY THAT SATISFY CERTAIN CRITERIA, AND TO PROVIDE THE COUNCIL MAY DESIGNATE AND ALLOCATE ANY COUNTY REVENUE SOURCE FOR ALLOCATION TO ELIGIBLE CHARTER SCHOOLS. - RATIFIED TITLE
Rep. HAGER explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Reese Rivers Robbins Rose Rutherford Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
So, the Veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4756 (Word version) -- Reps. Pope, Bailey, Ballentine, Brewer, Brittain, Bustos, Caskey, Chapman, Crawford, Davis, Duncan, Forrest, Gagnon, Gatch, Gilliam, Guest, Hardee, Hartz, Herbkersman, Hewitt, Hiott, Hixon, Holman, J. E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, C. Mitchell, T. Moore, W. Newton, Oremus, Pedalino, Rankin, Robbins, Sanders, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Vaughan, Whitmire, Wickensimer, Willis, Wooten, Yow, B. Newton, Chumley, Edgerton, Magnuson, Terribile, White, D. Mitchell, Cromer, Gilreath, Huff, Landing, Lastinger, Teeple, Guffey, McCabe, Gibson and Bowers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STUDENT PHYSICAL PRIVACY ACT" BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO PROVIDE VARIOUS MEASURES TO PROMOTE AND ENSURE PRIVACY AMONG SEXES USING CERTAIN RESTROOMS AND CHANGING FACILITIES IN PUBLIC SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER LEARNING, AND TO PROVIDE PENALTIES FOR NONCOMPLIANCE, AMONG OTHER THINGS.
Rep. HIOTT moved to adjourn debate upon the Senate Amendments until Tuesday, April 14, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 3856 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80, RELATING TO APPLICATIONS FOR LICENSES OR PERMITS, SO AS TO DELETE THE TERM "BLOOD TYPE" AND REPLACE IT WITH THE TERM "INFORMATION"; BY AMENDING SECTION 56-1-3350, RELATING TO ISSUANCE OF SPECIAL IDENTIFICATION CARDS AND VETERAN DESIGNATIONS ON DRIVERS' LICENSES, SO AS TO PROVIDE DOCUMENTATION THAT MUST BE SUBMITTED ON APPLICATIONS FOR A PERSON'S BLOOD TYPE TO APPEAR ON A SPECIAL IDENTIFICATION CARD, AND TO PROVIDE A CAUSE OF ACTION BASED ON INACCURATE INFORMATION CONTAINED ON IDENTIFICATION CARDS OR DRIVERS' RECORDS; BY AMENDING SECTION 56-3-20, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "RENTAL TRAILER"; BY AMENDING SECTION 56-3-785, RELATING TO ISSUANCE OF PERMANENT LICENSE PLATES TO CERTAIN OWNERS OF TRAILERS AND SEMITRAILERS, SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES TO OWNERS OF RENTAL TRAILERS, AND MAKE TECHNICAL CHANGES; BY AMENDING SECTION 56-3-2320, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REVISE THE NUMBER OF MOTOR VEHICLE SALES THAT MUST BE MADE BEFORE DEALER PLATES MAY BE ISSUED; BY AMENDING SECTION 56-15-560, RELATING TO APPLICATIONS FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSES AND FEES, SO AS TO REVISE EXPIRATION DATES FOR THE LICENSES AND INCREASE THE LICENSE FEES; BY AMENDING SECTION 56-19-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "BUS"; BY AMENDING SECTION 56-23-85, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO REVISE THE EXPIRATION DATES FOR THE PERMITS AND PROVIDE A SCHEDULE OF FEES; BY AMENDING SECTION 56-37-30, RELATING TO ESTABLISHMENT OF THE POINTS SYSTEM FOR EVALUATING PERFORMANCE RECORDS OF DEALERS, SO AS TO ELIMINATE CERTAIN CONDUCT THAT RESULTS IN POINT VIOLATIONS AND ADD ADDITIONAL CONDUCT THAT RESULTS IN POINT VIOLATIONS; AND BY AMENDING SECTION 56-37-70, RELATING TO SUSPENSIONS OF LICENSES, SO AS TO DELETE THE TERM "CERTIFIED" AND REPLACE IT WITH THE TERM "NORMAL."
Rep. ERICKSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Reese Rivers Robbins Rose Rutherford Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
I was temporarily out of the Chamber on constituent business during the vote on H. 3856 (Word version). If I had been present, I would have voted in to concur in the Senate Amendments.
Rep. JA Moore
I was temporarily out of the Chamber on constituent business during the vote on H. 3856 (Word version). If I had been present, I would have voted in to concur in the Senate Amendments.
Rep. Keishan M. Scott
The Senate Amendments to the following Bill were taken up for consideration:
H. 3931 (Word version) -- Reps. Bailey, Sessions, Brewer, Robbins, M. M. Smith, Burns, Haddon, Lowe, Schuessler and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 48-39-150, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO ESTABLISH TIMELINES FOR THE DEPARTMENT TO TAKE ACTION ON A PERMIT APPLICATION.
Rep. WOOTEN explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Bustos Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Reese Rivers Robbins Rose Rutherford Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore Whitmire Wickensimer Williams Wooten Yow
Those who voted in the negative are:
I was temporarily out of the Chamber on constituent business during the vote on H. 3931 (Word version). If I had been present, I would have voted to concur in the Senate Amendments.
Rep. JA Moore
The following Bill was taken up:
H. 4758 (Word version) -- Reps. W. Newton, Bradley, Brewer, Chapman, Crawford, Davis, Duncan, Erickson, Forrest, Gilliam, Guest, Hartz, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Lowe, Martin, McGinnis, T. Moore, B. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, G. M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten and McCravy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 46-55-5 SO AS TO PROVIDE THE PURPOSE OF THIS CHAPTER IS TO ENCOURAGE THE LAWFUL CULTIVATION, HARVESTING, AND MANUFACTURING OF HEMP; BY AMENDING SECTION 46-55-10, RELATING TO INDUSTRIAL HEMP CULTIVATION TERMS AND DEFINITIONS, SO AS TO PROVIDE ADDITIONAL TERMS AND THEIR DEFINITIONS, AND TO REVISE THE DEFINITIONS OF EXISTING TERMS; AND BY ADDING SECTIONS 46-55-70, 46-55-80, AND 46-55-90 SO AS TO REGULATE THE DISTRIBUTION AND SALE OF CONSUMABLE HEMP, TO PROVIDE THE PROVISIONS OF THIS CHAPTER MAY NOT BE CONSTRUED TO LIMIT INTERSTATE COMMERCE, OR TO PROHIBIT THE LAWFUL POSSESSION, MANUFACTURE, SALE, OR DISTRIBUTION OF CERTAIN CBD PRODUCTS, AND TO PROVIDE PENALTIES.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 4817 (Word version) -- Reps. Brewer, Herbkersman, Anderson, Bailey, Gatch, Gagnon, Guffey, Hager, Hixon, J.L. Johnson, Kirby, Oremus, Schuessler, C. Mitchell, Pope, M.M. Smith, Ligon, Sessions, White, Williams, Gibson, J.E. Johnson and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "INSURANCE RATE REDUCTION AND POLICYHOLDER PROTECTION ACT;" BY AMENDING SECTION 38-3-110, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO EXPAND THOSE DUTIES; BY ADDING SECTION 38-55-172 SO AS TO PROHIBIT RESIDENTIAL BUILDERS AND REGISTERED RESIDENTIAL SPECIALTY CONTRACTORS FROM CERTAIN ACTIONS MADE ON BEHALF OF OWNERS OR POSSESSORS OF RESIDENTIAL REAL ESTATE ON INSURANCE CLAIMS IN CONNECTION WITH ROOFING SYSTEM REPAIRS OR REPLACEMENTS TO PROHIBIT RESIDENTIAL BUILDERS AND REGISTERED RESIDENTIAL SPECIALTY CONTRACTORS FROM ADVERTISING OR PROMISING TO PAY OR REBATE AN INSURANCE DEDUCTIBLE AS AN INDUCEMENT TO THE SALE OF GOODS OR SERVICES, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THE INSURANCE FRAUD DIVISION OF THE DEPARTMENT OF INSURANCE MAY INVESTIGATE CLAIMS OF FRAUDULENT ACTIVITY RELATING TO THE PERFORMANCE OF GOODS OR SERVICES FOR A ROOFING SYSTEM PURSUANT TO A WRITTEN CONTRACT AND REFER CERTAIN FINDINGS TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; BY AMENDING SECTION 38-55-520, RELATING TO THE PURPOSE OF THE ARTICLE, SO AS TO MAKE A TECHNICAL CHANGE; BY AMENDING SECTION 38-55-530, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITIONS OF "AUTHORIZED AGENCY" AND "FALSE STATEMENT OR MISREPRESENTATIONS"; BY AMENDING SECTION 38-55-550, RELATING TO CIVIL PENALTIES, SO AS TO PRESCRIBE DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; BY AMENDING SECTION 38-55-560, RELATING TO THE INSURANCE FRAUD DIVISION, SO AS TO ESTABLISH THE INSURANCE FRAUD DIVISION IN THE DEPARTMENT OF INSURANCE AND TO PROVIDE THE DUTIES FOR THE DIVISION, THE ATTORNEY GENERAL, AND THE STATE LAW ENFORCEMENT DIVISION; BY AMENDING SECTION 38-55-570, RELATING TO NOTIFICATION OF FALSE STATEMENTS OR MISREPRESENTATIONS AND ABILITY TO SHARE INFORMATION, SO AS TO REQUIRE THE INSURANCE FRAUD DIVISION TO PROSECUTE CRIMINAL VIOLATIONS OF TITLE 38 AND ANY OTHER CRIMES RELATED TO INSURANCE, AS WELL AS DIVISION STAFF REQUIREMENTS, AND TO PROVIDE FOR INVESTIGATIVE DUTIES OF THE ATTORNEY GENERAL AND THE STATE LAW ENFORCEMENT DIVISION; BY AMENDING SECTION 38-55-590, RELATING TO ANNUAL REPORTS BY THE DIRECTOR OF THE INSURANCE FRAUD DIVISION, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 38-73-1095, RELATING TO ESSENTIAL PROPERTY INSURANCE AND RATING PLAN FACTORS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR ANY INSURER REQUIRED TO SUBMIT RATES AND RATING PLANS TO THE DEPARTMENT OF INSURANCE RELATED TO ADJUSTMENTS TO REDUCE PREMIUMS AND FOR OWNERS OF INSURABLE PROPERTY CLAIMING A CREDIT OR DISCOUNT; BY AMENDING SECTION 38-75-470, RELATING TO MEMBERSHIP OF THE ADVISORY COMMITTEE FOR THE DIRECTOR OF INSURANCE, SO AS TO PROVIDE MITIGATION OF PROPERTY LOSSES DUE TO WILDFIRE AMONG THE ISSUES TO BE CONSIDERED AND TO PROVIDE FOR TERMS OF SERVICE FOR ADVISORY COMMITTEE MEMBERS; BY AMENDING SECTION 38-75-480, RELATING TO THE LOSS MITIGATION GRANT PROGRAM, SO AS TO PROVIDE FOR WHEN GRANTS MAY BE GIVEN TO LOCAL GOVERNMENTS; BY AMENDING SECTION 38-75-485, RELATING TO THE SOUTH CAROLINA HURRICANE DAMAGE MITIGATION PROGRAM, SO AS ESTABLISH THE "SC SAFE HOME PROGRAM" AND TO ESTABLISH REQUIREMENTS; BY AMENDING SECTION 38-77-122, RELATING TO PROHIBITED FACTORS FOR ISSUING AUTOMOBILE INSURANCE POLICIES OR PREMIUM RATES, SO AS TO ADD UNINSURED AND UNDERINSURED MOTORIST CLAIMS; BY AMENDING SECTION 38-77-123, RELATING TO PROHIBITED FACTORS FOR AUTOMOBILE INSURANCE POLICY RENEWALS OR CANCELLATIONS, SO AS TO ADD UNINSURED AND UNDERINSURED MOTORIST CLAIMS; BY ADDING SECTION 38-77-145 SO AS TO PROHIBIT NONECONOMIC DAMAGES FOR PERSONS OPERATING A MOTOR VEHICLE WHILE KNOWINGLY NOT IN COMPLIANCE WITH AUTOMOBILE INSURANCE REQUIREMENTS AND TO PROVIDE EXCEPTIONS; BY AMENDING SECTION 38-77-280, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE INSURANCE, SO AS TO REQUIRE INSURERS TO OFFER A ZERO DOLLAR DEDUCTIBLE FOR AUTOMOBILE SAFETY GLASS AND TO PROHIBIT INSURERS FROM CONSIDERING UNINSURED OR UNDERINSURED MOTORISTS CLAIMS FOR CERTAIN INSURANCE POLICY DECISIONS; BY AMENDING SECTION 12-6-1620, RELATED TO CATASTROPHE SAVINGS ACCOUNTS, SO AS TO INCLUDE CERTAIN APPROVED RETROFITS TO PRIMARY RESIDENCES FOR HURRICANE OR WIND DAMAGE RESILIENCE, AND FOR THE DEPARTMENT OF REVENUE TO PROVIDE AN ANNUAL REPORT TO THE GENERAL ASSEMBLY; BY AMENDING SECTION 12-6-3660, RELATING TO TAX CREDITS FOR HURRICANE RESISTANT RETROFITS TO RESIDENCES, SO AS TO INCREASE THE TAX CREDIT OPTION FROM ONE THOUSAND TO TWO THOUSAND DOLLARS; BY ADDING SECTION 12-6-3662 SO AS TO ESTABLISH A "DISASTER PREPAREDNESS SALES TAX HOLIDAY" AND TO PROVIDE FOR ITS REQUIREMENTS; BY AMENDING SECTION 12-6-3670, RELATED TO TAX CREDITS FOR EXCESS PAID FOR PROPERTY AND CASUALTY INSURANCE, SO AS TO INCREASE THE CREDIT AMOUNT TO THREE THOUSAND DOLLARS; BY AMENDING SECTION 42-9-440, RELATING TO SUSPECTED FALSE STATEMENTS OR MISREPRESENTATIONS REQUIRED TO BE REPORTED TO THE INSURANCE FRAUD DIVISION, SO AS TO MAKE CONFORMING CHANGES; BY ADDING SECTION 40-11-125 SO AS TO PROVIDE THE DEPARTMENT OF INSURANCE HAS THE EXCLUSIVE AUTHORITY TO ENFORCE ANY VIOLATIONS RELATED TO INSURANCE OR INSURANCE FRAUD ARISING FROM ROOFING SYSTEMS CONTRACTS OR THE DELIVERY OF GOODS OR SERVICES RELATED TO ROOFING SYSTEMS INVOLVING LICENSEES OF THE SOUTH CAROLINA CONTRACTOR'S LICENSING BOARD; BY AMENDING SECTION 40-59-25, RELATING TO ROOFING CONTRACT CANCELLATIONS FOR INSURANCE COVERAGE DENIALS, SO AS TO REMOVE CERTAIN PROVISIONS TRANSFERRED TO THE DEPARTMENT OF INSURANCE AND TO REVISE THE PROVISIONS; BY ADDING SECTION 40-59-27 SO AS TO PROVIDE THE DEPARTMENT OF INSURANCE AS THE EXCLUSIVE AUTHORITY TO ENFORCE ANY VIOLATIONS RELATED TO INSURANCE OR INSURANCE FRAUD ARISING FROM ROOFING SYSTEMS CONTRACTS OR THE DELIVERY OF GOODS OR SERVICES RELATED TO ROOFING SYSTEMS INVOLVING LICENSEES AND REGISTRANTS OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION; TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SUBMIT AN ANNUAL REPORT TO THE GENERAL ASSEMBLY REGARDING THE IMPACT ON INSURANCE RATES AND REQUIRE ANNUAL TESTIMONY BEFORE THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE AND THE SENATE BANKING AND INSURANCE COMMITTEE; AND TO MAKE CONFORMING OR TECHNICAL CHANGES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4817 (Word version) (LC-4817.HA0014H), which was adopted:
Amend the bill, as and if amended, SECTION 3, by striking Section 38-55-172(A)(1) and inserting:
(1) A licensed residential builder or a registered residential specialty contractorlicensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board within the South Carolina Department of Labor, Licensing and Regulation shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of a roofing system.
Amend the bill further, SECTION 3, by striking Section 38-55-172(B), (C), and (D) and inserting:
(B) A builder or contractorlicensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board shall not advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. As used in this subsection, the term "promise to pay or rebate" means:
(1) granting any allowance or offering any discount against the fees to be charged including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises;
(2) paying the insured or any person directly or indirectly associated with the property any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason; or
(3) advertising an activity prohibited in this section.
(C) A person who violates a provision of subsection (A), (B), or both is guilty of a misdemeanor and may be imprisoned not more than one year, fined not more than five hundred dollars, or both. The violation is also grounds for disciplinary action by the Residential Builders Commission or the Contractor's Licensing Board. Disciplinary action may include, but is not limited to, suspension or revocation of licenses or registrations by the Residential Builders Commission or the Contractor's Licensing Board. In addition, a violation of a provision of subsection (A) or (B) also constitutes misconduct pursuant to Section 40-59-110.
(D) The Insurance Fraud Division of the Department of Insurance may investigate and prosecute claims of fraudulent activity relating to the performance of goods or services for a roofing system pursuant to a written contract. If the investigation yields findings concerning persons or firms that providea licensee or registrant with either the Residential Builders Commission or the Contractor's Licensing Board that provides goods or services related to a roofing system and to whom the provisions of Section 40-59-25 apply, the Insurance Fraud Division shall refer the findings to the Department of Labor, Licensing and RegulationResidential Builders Commission or the Contractor's Licensing Board for use in any action against the person or firmthat licensee or registrant. For purposes of this section, such persons or firms include:
(1) a person who also is a licensed residential builder or a registered residential specialty contractor; or
(2) a person or firm who engages or offers to engage in the business of residential building or residential specialty contracting without first having registered with the commission or procured a license from the commission.
Amend the bill further, SECTION 5, Section 38-55-530, by adding a subsection to read:
(F) "Undeserved economic benefit or advantage" includes, but is not limited to, a favorable insurance premium, payment schedule, insurance award, or insurance settlement.
Amend the bill further, SECTION 10, by striking Section 38-73-1095(C) and inserting:
(C) Any insurer required to submit rates and rating plans to the director or his designee shall provide an actuarially justified discount, credit, rate differential, adjustment in deductible, or any other adjustment to reduce the insurance premium to insureds who build or retrofit a structure to comply with the requirements of the SC Uniform Construction Code or the fortified home or fortified commercial standards created by the Insurance Institute for Business and Home Safety.
Amend the bill further, SECTION 10, by striking Section 38-73-1095(F)(10) and inserting:
(9)(10) other applicable factors requested by the insurer or rating organization or selectedestablished by order of the director involving the risk or hazard. An order issued pursuant to this section must comply with the requirements of Section 1-23-140.
The director or his designee may conduct a study or otherwise review data concerning mitigation discounts and credits offered in the State. The department may by regulation or order: (1) establish minimum benchmark values for discounts or credits to be offered for specific mitigation measures, or (2) define how the implementation of these factors qualifyqualifies for credits or discounts based on the data or study findings. The regulation or order must specify what evidence or proof the policyholder or applicant shall present to obtain the credit or discount. An insurer applying a discount or credit that differs from the benchmark values determined by the department is required to provide relevant actuarial justification for the deviation. This section applies to policies issued or renewed after December 31, 2007.
Amend the bill further, by deleting SECTION 16 from the bill.
Amend the bill further, SECTION 17, by striking Section 38-77-280(B) and inserting:
(B)(1) Through December 31, 2026, Anyany automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass.
(2) EveryBeginning January 1, 2027, every automobile insurer offering automobile physical damage insurance coverage mustmay offer a zero dollar deductible option for automobile safety glass.
Amend the bill further, SECTION 23, by striking Section 40-11-125 and inserting:
Section 40-11-125. Notwithstanding another provision of this chapter, the Department of Insurance has the exclusive authority to enforce any violations related to insurance or insurance fraud arising from roofing systems contracts or the delivery of goods or services related to roofing systems as provided in Article 5, Chapter 55, Title 38. The Department of Insurance shall refer any findings of violations related to insurance fraud arising from roofing contracts or the delivery of goods or services related to roofing systems to the South Carolia Residential Builders Commission or the South Carolina Contractor's Licensing Board, whichever is appropriate, for use in any action against a licensee or registrant who is licensed or registered with either the Residential Builders Commission or the Contractor's Licensing Board.
Amend the bill further, SECTION 25, by striking Section 40-59-27 and inserting:
Section 40-59-27. Notwithstanding another provision of this chapter, the Department of Insurance has the exclusive authority to enforce any violations related to insurance or insurance fraud arising from roofing systems contracts or the delivery of goods or services related to roofing systems as provided in Article 5, Chapter 55, Title 38. The Department of Insurance shall refer any findings of violations related to insurance fraud arising from roofing contracts or the delivery of goods or services related to roofing systems to the South Carolina Residential Builders Commission or the South Carolina Contractor's Licensing Board, whichever is appropriate, for use in any action against the licensee or registrant.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 38-55-540 of the S.C. Code is amended to read:
Section 38-55-540. (A) A person who knowingly makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud, or deceive, or who assists, abets, solicits, or conspires with a person to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is less than onetwo thousand dollars. Upon conviction, the person must be fined not less than one hundred nor more than five hundred dollars or imprisoned not more than thirty days;
(2) misdemeanor, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is onetwo thousand dollars or more but less than ten thousand dollars. Upon conviction, the person must be fined not less than two thousand nor more than ten thousand dollars or imprisoned not more than three years, or both;
(3) felony, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is ten thousand dollars or more but less than fifty thousand dollars. Upon conviction, the person must be fined not less than ten thousand nor more than fifty thousand dollars or imprisoned not more than five years, or both;
(4) felony, for a first offense violation, if the amount of the economic advantage or benefit received or attempted to be received is fifty thousand dollars or more. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both;
(5) felony, for a second or subsequent violation, regardless of the amount of the economic advantage or benefit received or attempted to be received. Upon conviction, the person must be fined not less than twenty thousand nor more than one hundred thousand dollars or imprisoned not more than ten years, or both.
(B) In addition to the criminal penalties set forth in subsection (A), a person convicted pursuant to the provisions of this section must be ordered by the court to make full restitution to a victim for any economic advantage or benefit which has been obtained by the person as a result of that violation, and to pay the difference between any taxes owed and any taxes the person paid, if applicable.
SECTION X. Article 1, Chapter 55, Title 38 of the S.C. Code is amended by adding:
Section 38-55-171. (A)(1) A person shall be guilty of a felony known as "staging a motor vehicle collision" when such person, with intent to defraud:
(a) causes, attempts to cause, or in any way participates in a motor vehicle collision, or any other motor vehicle accident, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;
(b) provides information in connection with a motor vehicle collision, knowing that the collision was intentionally caused, for the purpose of presenting any false or fraudulent claim or to obtain anything of value;
(c) provides false information in connection with a motor vehicle collision that did not occur for the purpose of presenting any false or fraudulent claim or to obtain anything of value; or
(d) attempts, assists, abets, solicits, or conspires with another to commit any of the actions described in this item. (2) A person who is convicted of violating the provisions of item (1) is subject to the following penalties:
(a) for a first offense, by imprisonment for not more than ten years, fined not more than ten thousand dollars, or both;
(b) for a second offense, by imprisonment for not less than two years nor more than ten years, fined not more than fifteen thousand dollars, or both;
(c) for a third or subsequent offense, by imprisonment for not less than five years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
(B) A person shall be guilty of a felony known as "aggravated staging a motor vehicle collision" when such person violates a provision in subsection (A) and the staged motor vehicle collision, directly or indirectly, results in bodily injury or death to any person.
(1)(a) A person who is convicted of a violation of this subsection which results in moderate bodily injury, as defined by Section 16-3-600(A)(2), to any person shall be punished by imprisonment of not less than ninety days nor more than ten years, fined not more than ten thousand dollars, or both.
(b) A person who is convicted of this item and has previously been convicted of this item or of subsection (A), must be punished by imprisonment of not less than two years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
(2) A person who is convicted of a violation of this subsection which results in great bodily injury, as defined in Section 16-3-600(A)(1), to any person must be punished by imprisonment of not less than two years nor more than fifteen years, fined not more than fifteen thousand dollars, or both.
(3) A person who is convicted of this subsection which results in the death of any person must be punished by imprisonment of not less than two years nor more than thirty years, fined not less than ten thousand dollars nor more than thirty thousand dollars, or both.
(C) When restitution is requested by the State, the trial court shall hold a hearing, waivable by the defendant, to determine the amount of restitution to which each victim is entitled. After such hearing is either held or waived, the trial court shall order full restitution to all victims of the staged motor vehicle collision, including innocent drivers, innocent passengers, innocent pedestrians, insurance carriers, emergency responder agencies, and any other affected third parties.
SECTION X. Section 14-7-1630(A) of the S.C. Code is amended to read:
(A) The jurisdiction of a state grand jury impaneled pursuant to this article extends throughout the State. The subject matter jurisdiction of a state grand jury in all cases is limited to the following offenses:
(1) a crime involving narcotics, dangerous drugs, or controlled substances, or a crime arising out of or in connection with a crime involving narcotics, dangerous drugs, or controlled substances, including, but not limited to, money laundering as specified in Section 44-53-475, obstruction of justice, perjury or subornation of perjury, or any attempt, aiding, abetting, solicitation, or conspiracy to commit one of the aforementioned crimes, if the crime is of a multi-county nature or has transpired or is transpiring or has significance in more than one county of this State;
(2) a crime involving criminal gang activity or a pattern of criminal gang activity pursuant to Article 3, Chapter 8, Title 16;
(3) a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615, a crime, statutory, common law or other, arising out of or in connection with a crime involving public corruption as defined in Section 14-7-1615, and any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime, statutory, common law or other, involving public corruption as defined in Section 14-7-1615;
(4) a crime involving the election laws, including, but not limited to, those named offenses specified in Title 7, or a common law crime involving the election laws if not superseded, or a crime arising out of or in connection with the election laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the election laws;
(5) a crime involving computer crimes, pursuant to Chapter 16, Title 16, or a conspiracy or solicitation to commit a crime involving computer crimes;
(6) a crime involving terrorism, or a conspiracy or solicitation to commit a crime involving terrorism. Terrorism includes an activity that:
(a) involves an act dangerous to human life that is a violation of the criminal laws of this State;
(b) appears to be intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a government by intimidation or coercion; or
(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(c) occurs primarily within the territorial jurisdiction of this State; (7) a crime involving a violation of Chapter 1, Title 35 of the Uniform Securities Act, or a crime related to securities fraud or a violation of the securities laws;
(8) a crime involving obscenity, including, but not limited to, a crime as provided in Article 3, Chapter 15, Title 16, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving obscenity;
(9) a crime involving the knowing and wilful making of, aiding and abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in an affidavit regarding an alien's lawful presence in the United States, as defined by law, if the number of violations exceeds twenty or if the public benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;
(10) a crime involving financial identity fraud or identity fraud involving the false, fictitious, or fraudulent creation or use of documents used in an immigration matter as defined in Section 16-13-525, if the number of violations exceeds twenty, or if the value of the ascertainable loss of money or property suffered by a person or persons from a violation or combination of violations exceeds twenty thousand dollars;
(11) a crime involving the knowing and wilful making of, aiding or abetting in the making of, or soliciting or conspiring to make a false, fictitious, or fraudulent statement or representation in a document prepared or executed as part of the provision of immigration assistance services in an immigration matter, as defined by law, if the number of violations exceeds twenty, or if a benefit received by a person from a violation or combination of violations exceeds twenty thousand dollars;
(12) a knowing and wilful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. This crime includes a knowing and wilful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or a knowing and wilful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and wilful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, is two million dollars or more, as certified by an independent environmental engineer who must be contracted by the Department of Health and Environmental ControlEnvironmental Services. If the knowing and wilful crime is a violation of federal law, a conviction or an acquittal pursuant to federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section;
(13) a crime involving or relating to the offense of trafficking in persons, as defined in Section 16-3-2020, when a victim is trafficked in more than one county or a trafficker commits the offense of trafficking in persons in more than one county; and
(14) a crime involving a violation of the South Carolina Anti-Money Laundering Act as set forth in Chapter 11, Title 35, or a crime related to a violation of the Anti-Money Laundering Act; and
(15) a crime involving insurance fraud including, but not limited to, a violation of the statutes under the South Carolina Omnibus Insurance Fraud and Reporting Immunity Act or a crime arising out of or in connection with insurance fraud.
SECTION X. Section 17-25-45(C)(2)(b) of the S.C. Code is amended to read:
(C) As used in this section:
(2) "Serious offense" means:
(b) those felonies enumerated as follows:
SECTION X. Section 40-59-110 of the S.C. Code is amended to read:
Section 40-59-110. In addition to the grounds provided for in Section 40-1-110, the commission, upon a majority vote, may revoke, suspend, or restrict the license or registration of a licensee or registrant who the commission finds has committed fraud or deceit in obtaining a license or registration under this chapter or has engaged in misconduct in the practice of residential building or residential specialty contracting. For purposes of this section, misconduct includes a violation of Section 40-59-25, a violation of Section 38-55-172, or a pattern of repeated failure by a residential builder or residential specialty contractor to pay labor or material bills. For purposes of disciplinary matters, or otherwise, compliance with the construction standards adopted by the commission is prima facie evidence of compliance with applicable professional standards.
Renumber sections to conform.
Amend title to conform.
Rep. BREWER explained the amendment.
Rep. BREWER spoke in favor of the amendment.
The SPEAKER granted Rep. GUFFEY a temporary leave of absence.
Rep. BREWER continued speaking.
Rep. HUFF spoke upon the amendment.
Reps. PACE and FRANK proposed the following Amendment No. 2 to H. 4817 (Word version) (LC-4817.HDB0002H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 3, Chapter 77, Title 38 of the S.C. Code is amended by adding:
Section 38-77-145. (A) A person who suffers personal injury or death may not recover noneconomic damages if the injury or death occurred while the person was operating a motor vehicle and that person knew that he was not in compliance with the automobile insurance policy requirements pursuant to Section 38-77-140, except as otherwise provided in subsection (B). For purposes of this section only, "noneconomic damages" has the same meaning as in Section 15-32-210(9).
(B) The prohibition against the recovery of noneconomic damages shall not apply if the person who is liable for the personal injury or wrongful death:
(1) was driving a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of alcohol and drugs;
(2) acted intentionally, recklessly, or with gross negligence;
(3) fled from the scene of the accident; or
(4) was acting in furtherance of an offense or in immediate flight from an offense that constitutes a crime for which a sentence of imprisonment for a term of more than one year is authorized.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. GATCH raised the Rule 9.3 Point of Order that Amendment
No. 2 to H. 4817 (Word version) was not germane.
Rep. PACE argued contra.
The SPEAKER sustained the Point of Order. He stated the amendment's substantial effect was to limit tort damages and went beyond the scope of the bill concerning insurance coverage in South Carolina.
Reps. PACE and FRANK proposed the following Amendment No. 3 to H. 4817 (Word version) (LC-4817.HDB0006H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 61-2-145(A) of the S.C. Code is amended to read:
(A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement with an annual aggregate limit of at least one million dollars during the period of the biennial permit or license, unless the person licensed or permitted to sell alcoholic beverages qualifies under the terms of a liquor liability risk mitigation program pursuant to subsection (E). Failure to maintain this coverage during the entire period of the biennial permit or license constitutes grounds for suspension or revocation of the permit or license and is sufficient grounds for the department to seek an emergency revocation order as provided in Sections 12-60-1340 and 1-23-370(c). An insurance policy issued pursuant to this section must provide for minimum coverage of at least fifty percent of the total aggregate limit, per occurrence, giving rise to the claim.
Renumber sections to conform.
Amend title to conform.
Rep. FRANK explained the amendment.
Rep. GATCH raised the Rule 9.3 Point of Order that Amendment
No. 3 to H. 4817 (Word version) was not germane.
Rep. FRANK argued contra.
The SPEAKER stated the amendment concerned liquor liability coverage and the license to sell alcohol. The SPEAKER stated that the substantial effect of the bill did not concern liquor liability reform issues. He sustained the Point of Order and ruled the amendment out of order.
Reps. PACE and FRANK proposed the following Amendment No. 4 to H. 4817 (Word version) (LC-4817.HDB0007H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 61-2-145(A) of the S.C. Code is amended to read:
(A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement with an annual aggregate limit of at least one million hundred thousand dollars during the period of the biennial permit or license, unless the person licensed or permitted to sell alcoholic beverages qualifies under the terms of a liquor liability risk mitigation program pursuant to subsection (E). Failure to maintain this coverage during the entire period of the biennial permit or license constitutes grounds for suspension or revocation of the permit or license and is sufficient grounds for the department to seek an emergency revocation order as provided in Sections 12-60-1340 and 1-23-370(c). An insurance policy issued pursuant to this section must provide for minimum coverage of at least fifty percent of the total aggregate limit, per occurrence, giving rise to the claim.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. HART raised the Rule 9.3 Point of Order that Amendment No. 4 to H. 4817 (Word version) was not germane.
Rep. PACE argued contra.
The SPEAKER sustained the Point of Order. He stated the amendment's substantial effect was to limit tort damages and went beyond the scope of the bill concerning insurance coverage in South Carolina.
Rep. BREWER proposed the following Amendment No. 7 to H. 4817 (Word version) (LC-4817.HA0016H), which was adopted:
Amend the bill, as and if amended, SECTION 33, by striking Section and inserting:
SECTION 33. This act takes effect upon approval by the Governor, except as otherwise noted in this SECTION. The provisions of Section 38-75-485 and Sections 12-6-1620(B), 12-6-3660(D), 12-6-3662, and 12-6-3670 shall take effect on July 1, 2027.
Renumber sections to conform.
Amend title to conform.
Rep. BREWER explained the amendment.
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 8 to H. 4817 (Word version) (LC-4817.AHB0005H), which was tabled:
Amend the bill, as and if amended, SECTION 16, by striking Section 38-77-280(B)(2) and inserting:
(2) Beginning January 1, 2027, every automobile insurer offering automobile physical damage insurance coverage may offer a zero dollar, but no more than one hundred dollar, deductible option for automobile safety glass.
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. BREWER spoke against the amendment.
Rep. KING spoke in favor of the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG continued speaking.
Rep. BAMBERG spoke in favor of the amendment.
Rep. HERBKERSMAN spoke against the amendment.
Rep. WHITE spoke in favor of the amendment.
Rep. BREWER spoke against the amendment.
Rep. BREWER moved to table the amendment.
Rep. BREWER demanded the yeas and nays which were taken, resulting as follows:
Anderson Atkinson Bailey Ballentine Beach Bernstein Bowers Bradley Brewer Brittain Bustos Calhoon Chapman Collins Cox Crawford Cromer Davis Duncan Erickson Forrest Frank Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Hartnett Hayes Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kirby Landing Lastinger Lawson Ligon Long Lowe Magnuson McCravy McGinnis C. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Robbins Schuessler Sessions G. M. Smith Teeple Vaughan Whitmire Williams Willis Wooten
Those who voted in the negative are:
Bamberg Bauer Burns Caskey Chumley Cobb-Hunter Dillard Edgerton Ford Garvin Gatch Gilliard Gilreath Govan Grant Hart Henderson-Myers Hosey J. L. Johnson Jones Kilmartin King Luck Martin McDaniel D. Mitchell J. Moore Reese Rivers Rutherford Scott M. M. Smith Stavrinakis Taylor Terribile Waters Weeks Wetmore White
So, the amendment was tabled.
Rep. WHITE proposed the following Amendment No. 9 to H. 4817 (Word version) (LC-4817.AHB0009H), which was tabled:
Amend the bill, as and if amended, by striking Section 38-77-280(B) and inserting:
(B) Any automobile physical damage insurance coverage deductible or policy deductible does not apply to automobile safety glass.
Renumber sections to conform.
Amend title to conform.
Rep. WHITE explained the amendment.
Rep. BREWER spoke against the amendment.
Rep. BREWER moved to table the amendment.
Rep. BREWER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Beach Bradley Brewer Brittain Bustos Calhoon Cobb-Hunter Collins Cox Crawford Cromer Davis Duncan Erickson Forrest Frank Gagnon Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Herbkersman Hewitt Holman Huff J. E. Johnson Jordan Kirby Landing Lawson Ligon Long Lowe Magnuson D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Pace Pedalino Pope Schuessler Sessions G. M. Smith Vaughan Williams Willis
Those who voted in the negative are:
Bamberg Bauer Bernstein Bowers Burns Caskey Chapman Chumley Clyburn Dillard Edgerton Ford Garvin Gatch Gibson Gilliard Gilreath Govan Grant Hart Henderson-Myers Hiott Hosey J. L. Johnson Jones Kilmartin King Lastinger Luck Martin McCravy McDaniel McGinnis Oremus Rankin Reese Rivers Robbins Rutherford Scott M. M. Smith Stavrinakis Taylor Teeple Terribile Waters Weeks Wetmore White Whitmire Wooten Yow
So, the amendment was tabled.
Rep. FRANK proposed the following Amendment No. 11 to H. 4817 (Word version) (LC-4817.PH0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 38-1-20 of the S.C. Code is amended by adding:
(64) "Attorney's fees" means no more than ten percent of recovery when litigation pertains to insurance coverage mandated by the State including, but not limited to, products related to automobile insurance, liability insurance, property, casualty, and title insurance, and malpractice insurance.
Renumber sections to conform.
Amend title to conform.
Rep. FRANK explained the amendment.
Rep. HART raised the Rule 9.3 Point of Order that Amendment No. 11 to H. 4817 (Word version) was not germane.
Rep. FRANK argued contra.
The SPEAKER sustained the Point of Order. He stated the amendment was not germane.
Rep. RUTHERFORD proposed the following Amendment No. 12 to H. 4817 (Word version) (LC-4817.HA0017H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 77, Title 38 of the S.C. Code is amended by adding:
Section 38-77-162. A driver of a motorcycle must maintain an insurance policy that includes at least one-hundred thousand dollars in underinsured motor vehicle coverage.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. BREWER spoke against the amendment.
Rep. BREWER moved to table the amendment, which was agreed to by a division vote of 75 to 28.
Rep. BAMBERG proposed the following Amendment No. 13 to
H. 4817 (Word version) (LC-4817.WAB0002H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 38-75-790 of the S.C. Code is amended to read:
Section 38-75-790. No insurer may nonrenew or cancel a policy of homeowners insurance or increase the premiums on a policy of homeowners insurance because the insured has filed a claim with that insurer for damages resulting from an act of God.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. FRANK raised the Rule 9.3 Point of Order that Amendment
No. 13 to H. 4817 (Word version) was not germane.
Rep. BAMBERG argued contra.
The SPEAKER overruled the Point of Order. He stated that the amendment concerned the issue of Homeowner's Insurance coverage and was within the scope of the bill.
Rep. BAMBERG continued speaking.
Rep. BREWER spoke against the amendment.
Rep. BREWER moved to table the amendment, which was agreed to.
Rep. BAMBERG proposed the following Amendment No. 14 to
H. 4817 (Word version) (LC-4817.WAB0001H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 8, Chapter 75, Title 38 of the S.C. Code is amended by adding:
Section 38-75-795. (A) With respect to property and casualty insurance policies issued or renewed in this State, if an insured has not filed or had paid on his behalf any property or casualty insurance claim for a period of:
(1) five consecutive years, the insurer shall reduce the premium by not less than five percent, effective at the first renewal following the completion of the five-year period; and
(2) ten consecutive years, the insurer shall reduce the premium by not less than twenty-five percent, effective at the first renewal following the completion of the ten-year period. The reduction required by this item supersedes the reduction in provided in item (1) and must be calculated based on the premium before any reduction applied pursuant to item (1).
(B) An insurer may rescind a premium reduction provided pursuant to this section if the insured files or has paid on his behalf a property or casualty insurance claim. The rescission is effective beginning with the next renewal period.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
Rep. PACE raised the Rule 9.3 Point of Order that Amendment
No. 14 to H. 4817 (Word version) was not germane.
Rep. BAMBERG argued contra.
The SPEAKER overruled the Point of Order and stated that Amendment No. 14 concerned the application of Homeowners Insurance premiums. He stated the amendment was germane.
Rep. BAMBERG continued speaking.
Rep. BREWER spoke against the amendment.
Rep. BREWER moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Bustos Calhoon Caskey Chapman Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Frank Gagnon Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Huff J. E. Johnson Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Schuessler G. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Ford Garvin Gatch Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott M. M. Smith Stavrinakis Waters Weeks Wetmore
So, the amendment was tabled.
Rep. J. MOORE moved to reconsider the vote whereby Amendment No. 9 was tabled.
Rep. BREWER moved to table the motion to reconsider, which was agreed to, by a division vote of 55-49.
The question recurred to the passage of the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Cobb-Hunter Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Rose Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Bamberg Dillard Garvin Gilliard Govan Grant Hart Henderson-Myers Howard Jones King Luck McDaniel Reese Rivers Rutherford Waters
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HOWARD moved that the House recede until 2:30 p.m., which was agreed to.
At 2:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received:
Columbia, S.C., April 1, 2026
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time for the purpose of ratifying Acts.
Very respectfully,
President
On motion of Rep. FORREST the invitation was accepted.
The following Bill was taken up:
H. 4042 (Word version) -- Reps. Kilmartin, White, Gilreath, Cromer, Guffey, Harris, Hager, McCravy, Edgerton, Terribile, Magnuson, Lastinger, D. Mitchell, Sessions, Chapman, Brewer, Lawson, Oremus, Hartz, Vaughan, Pedalino, Teeple, Landing, Rankin, Schuessler, Ligon, Long, Sanders, Ford, T. Moore, Forrest, Chumley, Bowers, Taylor and Hixon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-150 SO AS TO AUTHORIZE THE OVER-THE-COUNTER SALE OF IVERMECTIN TABLETS.
Rep. B. NEWTON moved to adjourn debate on the Bill until Thursday, April 2, which was agreed to.
The following Bill was taken up:
H. 4737 (Word version) -- Reps. McGinnis and Grant: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-35 SO AS TO CREATE A MANDATORY ORIENTATION TRAINING PROGRAM FOR NEW MEMBERS OF THE BOARDS OF TRUSTEES OF THE PUBLIC INSTITUTIONS OF HIGHER LEARNING IN THIS STATE, TO PROVIDE SPECIFIC REQUIREMENTS FOR THE PROGRAM, AND TO PROVIDE RELATED DUTIES OF THE PRESIDENT AND BOARD SECRETARY OF EACH INSTITUTION.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: H. 3034 (Word version) -- Reps. Collins, Wooten, C. Mitchell, Pope, Chapman, Pedalino, Yow, M. M. Smith, Davis, Holman, Cox, Hixon, Gagnon, Calhoon, Moss, Lawson, Kirby, Ligon, Bailey, Forrest, Gilliam, Willis, Erickson, Schuessler, Vaughan, Bradley, Hager, Whitmire, Robbins, T. Moore, Brewer, Guffey, Martin, J. L. Johnson, Haddon, Wickensimer, Brittain, Kilmartin, D. Mitchell, Cromer, Bowers, Landing, White, W. Newton, J. E. Johnson and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "FARGO'S, HYCO'S, RICO'S, COBA'S, WICK'S, AND MIKKA'S LAW" BY AMENDING ARTICLE 11 OF CHAPTER 3, TITLE 47, RELATING TO TAUNTING, TORMENTING, INJURING, OR KILLING POLICE DOGS OR HORSES, SO AS TO EXPAND THE CONDUCT THAT RESULTS IN A VIOLATION, INCREASE THE PENALTIES, REQUIRE RESTITUTION TO THE LAW ENFORCEMENT DEPARTMENT OR AGENCY, AND MAKE TECHNICAL CHANGES.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4764 (Word version) -- Reps. T. Moore, C. Mitchell, Ballentine, Bradley, Brewer, Caskey, Chapman, Crawford, Davis, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Hardee, Hartz, Hewitt, Hiott, Hixon, J. E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, B. Newton, W. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Teeple, Vaughan, Wickensimer, Whitmire, Willis, Wooten, Yow, Bowers, Bailey, Cromer, Lastinger, White and Gibson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-1-260 SO AS TO PROVIDE LAW ENFORCEMENT AGENCIES OPERATING CORRECTIONAL FACILITIES SHALL ENTER INTO WRITTEN AGREEMENTS OR MEMORANDUMS OF AGREEMENT WITH FEDERAL IMMIGRATION ENFORCEMENT AGENCIES TO PARTICIPATE IN THE IMMIGRATION PROGRAMS THAT AUTHORIZE LAW ENFORCEMENT AGENCIES TO ENFORCE FEDERAL IMMIGRATION LAWS; AND BY AMENDING SECTION 23-3-80, RELATING TO THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT, SO AS TO PROVIDE SLED SHALL PROVIDE A TRAINING PROGRAM FOR LAW ENFORCEMENT AGENCIES THAT ENFORCE FEDERAL IMMIGRATION LAWS.
The Committee on Judiciary proposed the following Amendment
No. 1o H. 4764 (Word version) (LC-4764.CM0001H):
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(A)(1), (2), (3), (4), and (5) and inserting:
(1) "Agreement" means a written agreement or memorandum of agreement between a law enforcement agency and a federal immigration enforcement agency as contemplated under 8 U.S.C. Section 1357 or any successor program or statute.
(1)(2) "Correctional facility" means any jail, prison, work camp, or overnight lockup facility whose primary purpose is to manage the custody of detained persons in this State, that is operated by any agency, department, or division of the State or of any county, municipality, or other political subdivision, or any facility that is privately owned or privately operated that houses detained persons on behalf of the State or any of its political subdivisions pursuant to a valid contract, agreement, or otherwise lawful arrangement. Nothing in this section may be construed to apply to a "holding cell" as defined in Standard 1005(h) of the Minimum Standards for Local Detention Facilities in South Carolina, promulgated pursuant to Section 24-9-20 and enforced by the Jail and Prison Inspection Division of the Department of Corrections, or any successor standard, policy, or guidance issued by the department.
(2)(3) "Federal immigration enforcement agency" means the United States Department of Homeland Security, United States Customs and Border Patrol, United States Immigration and Customs Enforcement, United States Department of Justice, or any successor or comparable federal agency, department, or division that is authorized to enforce federal immigration laws.
(3)(4) "Law enforcement agency", as used in this section,:
(a) means any agency, department, or division of the State or of any county, municipality, or other political subdivision, charged with managing the custody of detained persons within a correctional facility in this State:.; and
(a) agency, department, or division of the State or of any county, municipality, or other political subdivision, charged with:
(i) enforcement of all or some of the criminal, traffic, and penal laws of the State, county, or municipality, or federal criminal laws;
(ii) operating a correctional facility; or
(iii) managing the custody of detained persons in this State.
(b) This includes, but is not limited to, any county or municipal police departments, sheriff's officesoffice, state police departmentsdepartment, state university and college police departments, the Department of Corrections, andor any state, county, or municipal agency, department, or division that is charged with operating a correctional facility.
(4)(5) "Law enforcement officer" means:
(a) an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic and penal laws of the State, and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed, or
(b) a person who is employed by a law enforcement agency or correctional facility and who is granted statutory authority to oversee or manage the custody of detained persons within said facility; and
(6) "Manage," when used in the context of the custody of detained persons, means to direct, control, or be legally responsible for the confinement, supervision, or housing of detained persons, whether directly or through subordinate officers or employees, within a correctional facility;
(7) "Operate" means to manage, supervise, administer, or otherwise exercise custody of or authority over a correctional facility; and
(5)(8) "Presiding law enforcement official" means the sheriff, chief of police, warden, administrator, or other similarly situated individual who is responsible for the overall management of a law enforcement agency.
Amend the bill further, SECTION 1, by striking Section 23-1-260(B), (C), (D), (E), (F), (G), (H), and (I) and inserting:
(B) As soon as possible after the effective date of this act, each law enforcement agency operating a correctional facility shall enter into a written an agreement or memorandum of agreement with a federal immigration enforcement agency to participate in the immigration program established pursuant tounder Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Section 1357, or any successor or similar federal program, that authorizes a law enforcement agency to enforce federal immigration law within a correctional facility. This subsection does not require a law enforcement agency to participate in a particular program model.
(C) Any agreement or memorandum of agreement enter entered into pursuant tounder subsection (B) shall:
(1) be in writing;
(2) identify the particular program model the law enforcement agency will participate in;
(3) delineate the scope, duration, responsibilities and limitations of the participating law enforcement agency to enforce federal immigration law;
(4)(3) specify:
(a) the allocation of costs associated with participation in the agreement by both the participating law enforcement agency and the federal immigration enforcement agency; and
(b) any financial obligations to be directly borne by the participating law enforcement agency; and
(c) the scope, duration, responsibilities and limitations of the participating law enforcement agency to enforce federal immigration law;
(4) prohibit the law enforcement agency from assigning, designating, or permitting any school resource officer under their authority, if any, to perform, exercise, or participate in any action relating to the enforcement of federal immigration law pursuant to an agreement entered into under this section; and
(5) be attested to in writing by the presiding law enforcement official of the participating law enforcement agency and filed with the Illegal Immigration Enforcement Unit established pursuant tounder Section 23-3-80 and the Office of the Attorney General.
(D) A law enforcement agency operating a correctional facility that does not have a current memorandum of agreement in effect as required under subsection (B), on an annual basis, shall seekrequest to enter a memorandum of understandingan agreement with a federal immigration enforcement agency on an annual basis, as is required under this section. The law enforcement agency must submit proof of an annual request to enter into an agreement to the Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General, in lieu of the proof of a current agreement as required under subsection (C)(5), until the an agreement is executed., and the law The law enforcement agency must include any reason for noncompliance with this section, if applicable. an agreement could not be entered, including, but not limited to, if the federal immigration enforcement agency declines to enter an agreement.
(E)(1) The requirement to enter into an agreement or attempt to enter an agreement under subsections (C) or (D) shall not apply if compliance is determined to be fiscally or operationally impractical.
(2) For purposes of this subsection, compliance is fiscally or operationally impractical, if entering into the agreement would: (a) require the expenditure of funds not lawfully appropriated or otherwise available;
(b) assume financial obligations that would materially jeopardize the fiscal stability of the political subdivision; or
(c) materially impair the law enforcement agency's ability to perform its core public functions due to documented operational or personnel limitations.
(3) A determination under subsection (E)(1) must be made by formal action of the governing body of the law enforcement agency, supported by written findings of fact, and attested to by the presiding law enforcement official. A determination made under this subsection must be submitted to the Illegal Immigration Enforcement Unit in lieu of the proof of an agreement or annual request to enter an agreement as required under subsections (C)(5) and (D).
(E)(F) Notwithstanding a valid agreement under this section or the inability of a law enforcement agency to enter such an agreement, nothing in this section shall restrict a law enforcement officer from enforcing other valid provisions of state immigration law. Nothing in this section shall be construed to hinder or prevent a law enforcement agency or officer from arresting or detaining any criminal suspect on other criminal charges.
(F)(G) The Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General shall maintain a registry of all agreements entered into under this section between any law enforcement agency and a federal immigration enforcement agency. The Illegal Immigration Enforcement Unit established pursuant to Section 23-3-80 and the Office of the Attorney General also shall subsection (C) and maintain a registry of all annual submissions of proof required pursuant tounder subsection (D) or determinations of impracticability under subsection (E) for any law enforcement agencies that have not executed an agreement.
(G)(H) When acting within the scope of authority granted by federal law pursuant to a validan agreement entered into under this section or any other provision of federal law, a law enforcement officer shall be authorized to arrest any person based on the person's status as an illegal alienlawful presence in the United States or for a violation of any federal immigration law, if such authority is specifically granted by the agreement or at the direction of a federal immigration enforcement agency.
(H)(I) A law enforcement officer, or government official or employee on behalf of a law enforcement agencyof this State or political subdivision of this State, acting in good faith to enforce immigration laws pursuant to a memorandum orunder an agreement with a federal immigration enforcement agency to collect or share immigration status information, or to carry out any provision ofentered into under this section, shall haveand any agency, department, county, municipality, political subdivision, or other governmental entity of this State that enters into or acts in good faith pursuant to such an agreement, is immunityimmune from damages or liability arising from and act or omission occruing within the scope of the agreementthese actions.
(I)(J)(1) A law enforcement agency failing to demonstrate compliance with this section may be subject to administrative penalties not involving withholding of general funds including, but not limited to, internal oversight review, reporting obligations, temporary suspension, or conditional approval of eligibility for discretionary grant awards administered through the Department of Public Safety, until the law enforcement agency demonstrates compliance with this section. However, submission of proof of an annual attempt to enter into an agreement, as required pursuant to subsection (D), shall constitute compliance for purposes of this subsection and shall provide the law enforcement agency, its officers, and employees immunity from administrative liability arising under this section. The Office of the Attorney General shall have the authority to enforce the provisions of this section.
(2) If the Attorney General determines that a law enforcement agency is not in compliance with the requirements of this section, the Attorney General may bring an action in the name of the State in a circuit court seeking declaratory relief, injunctive relief, or a writ of mandamus to compel compliance with this section. The court shall have jurisdiction to issue such orders as are necessary to enforce the provisions of this section.
(3)(a) A law enforcement agency that has entered into an agreement under subsection (B) and has submitted proof as required under subsection (C)(5), constitutes compliance and bars an action instituted against a law enforcement agency under this section.
(b) If the agreement is terminated, suspended, canceled, or otherwise discontinued by a federal immigration enforcement agency, that event does not render the law enforcement agency noncompliant with this section. Actions are barred under this section based solely on that termination, suspension, cancellation, or discontinuance by a federal immigration enforcement agency. (c) In such an event as contemplated by subsection (J)(3)(b), the law enforcement agency shall submit proof of the federal action in lieu of the requirement contained in subsection (C)(5) and, in each ensuing year, comply with the provisions of subsection (D) or (E), as applicable.
(4) A submission of proof of an annual request to enter into an agreement, or fiscal or operational impracticability, as required under subsections (D) or (E), constitutes compliance and bars an action instituted against a law enforcement agency under this section.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE spoke in favor of the amendment.
Rep. T. MOORE continued speaking.
Reps. T. MOORE continued speaking.
The amendment was then adopted.
Rep. GRANT proposed the following Amendment No. 2 to H. 4764 (Word version) (LC-4764.AHB0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 1, Title 23 of the S.C. Code is amended by adding:
Section 23-1-260. If the Federal Immigration Enforcement agency, or any other entity the agency contracts with, plans to lease or purchase land, buildings, or other property in this State, the agency must notify the local governing body and the appropriate local law enforcement agency within thirty days of the lease or purchase agreement.
Renumber sections to conform. Amend title to conform.
Rep. GRANT explained the amendment.
Rep. T. MOORE raised the Rule 9.3 Point of Order that Amendment No. 2 to H. 4764 (Word version) was not germane.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled the amendment out of order.
Rep. STAVRINAKIS proposed the following Amendment No. 3 to H. 4764 (Word version) (LC-4764.AHB0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 23-1-260, by adding a subsection to read:
(L) A United States citizen whose rights under the United States Constitution or federal law, or under the South Carolina Constitution or state law, that have been violated or threatened or attempted to be violated or threatened as a result of an agreement entered into pursuant to this section, may file and pursue a civil action in his own name. The action may seek injunctive relief and other appropriate equitable remedies, including the award of compensatory damages. Any United States citizen who prevails in such action is entitled to recover the costs of the litigation, including reasonable attorneys' fees, in an amount as determined by the court.
Renumber sections to conform.
Amend title to conform.
Rep. STAVRINAKIS explained the amendment.
Rep. STAVRINAKIS spoke in favor of the amendment.
The SPEAKER PRO TEMPORE granted Rep. WHITE a leave of absence for the remainder of the day.
Rep. STAVRINAKIS continued speaking.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. MCCRAVY moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Landing Lastinger Lawson Ligon Long Lowe Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Frank Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey J. L. Johnson Jones Kilmartin King Kirby Luck Magnuson McDaniel J. Moore Reese Rivers Rose Scott Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
Rep. WETMORE proposed the following Amendment No. 4 to
H. 4764 (Word version) (LC-4764.AHB0005H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(C)(4) and (5) and inserting:
(4) prohibit the law enforcement agency from assigning, designating, or permitting any school resource officer under their authority, if any, to perform, exercise, or participate in any action relating to the enforcement of federal immigration law pursuant to an agreement entered into under this section; and
(5) prohibit any federal immigration enforcement agency from requiring any local law enforcement agency to hold or otherwise detain a person only charged with a driving offense with a maximum penalty of not more than thirty days, except a driving under the influence offense pursuant to Section 56-5-2930 or Section 56-5-2933; and
(5)(6) be attested to in writing by the presiding law enforcement official of the participating law enforcement agency and filed with the Illegal Immigration Enforcement Unit established under Section 23-3-80.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE explained the amendment.
Rep. WETMORE spoke in favor of the amendment.
Rep. T. MOORE spoke against the amendment.
Rep. T. MOORE moved to table the amendment.
Rep. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gatch Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 4, H. 4764 (Word version). If I had been present, I would have voted to table the amendment.
Rep. April Cromer
Reps. T. MOORE and PACE proposed the following Amendment
No. 5 to H. 4764 (Word version) (LC-4764.AHB0006H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(J)(4) and inserting:
(4) A submission of proof of an annual request to enter into an agreement, or fiscal or operational impracticability, as required under subsections (D) or (E), constitutes compliance and bars an action instituted against a law enforcement agency under this section. For a submission under subsection (E), compliance is established only if the Office of the Attorney General determines that the written findings of fact are sufficient to support a determination of fiscal or operational impracticability under subsection (E)(2).
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
The amendment was then adopted.
Rep. J. L. JOHNSON proposed the following Amendment No. 6 to
H. 4764 (Word version) (LC-4764.WAB0001H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 23-1-260, by adding a subsection to read:
(K)(1) A federal immigration enforcement officer operating within the State may not wear a mask, face covering, or any garment, device, or material that obscures or conceals the officer's face.
(2) While conducting any enforcement action within this State, a federal immigration enforcement officer shall: (a) wear badge or insignia and clothing or a uniform that clearly and conspicuously identifies the officer as a federal immigration enforcement officer; and
(b) wear and activate a body-worn camera. The body-worn camera must be activated at the initiation of any encounter with a member of the public related to enforcement activity and remain activated until the conclusion of the encounter. The use, retention, and disclosure of recordings must comply, to the extent practicable, with the standards set forth in Section 23-1-240. For purposes of this section, "body-worn camera" has the same meaning as provided in Section 23-1-240.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. T. MOORE spoke against the amendment.
Rep. T. MOORE moved to table the amendment.
Rep. T. MOORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. T. MOORE proposed the following Amendment No. 7 to
H. 4764 (Word version) (LC-4764.AHB0013H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(I) and inserting:
(I) A law enforcement officer, government official or employee of this State or political subdivision of this State, acting in good faith to enforce immigration laws under an agreement entered into under this section, and any agency, department, county, municipality, political subdivision, or other governmental entity of this State that enters into or acts in good faith pursuant to such an agreement, is immune from damages or liability arising from and act or omission occruing within the scope of the agreement. However, if the act was done outside the scope of his official duties or which constitutes actual fraud, actual malice, intent to harm, or a crime involving moral turpitude the law enforcement officer or government official or employee is not immune from damages or liability.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
The amendment was then adopted.
Rep. WETMORE proposed the following Amendment No. 8 to
H. 4764 (Word version) (LC-4764.AHB0010H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 23-1-260, by adding a subsection to read:
(K) The Office of the Attorney General shall publish quarterly reports regarding these agreements between a federal immigration enforcement agency and law enforcement agencies pursuant to the provisions of this section which must include, but are not limited to, race and ethnicity data, legal status outcomes, the number of wrongful detentions, and the costs to the State in the previous quarter.
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
The SPEAKER PRO TEMPORE granted Rep. D. MITCHELL a temporary leave of absence.
Rep. GOVAN continued speaking.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 9 to H. 4764 (Word version) (LC-4764.WAB0004H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 23-1-260, by adding a subsection to read:
(K) A law enforcement officer acting in good faith under an agreement pursuant to subsection (B) may not conduct immigration enforcement actions within one thousand feet of any place of worship, school, hospital, or licensed childcare facility, except where a valid, independent criminal warrant has been issued for a specific individual at that location.
Renumber sections to conform.
Amend title to conform.
Rep. SCOTT explained the amendment.
Rep. T. MOORE spoke against the amendment.
The SPEAKER PRO TEMPORE granted Rep. YOW a leave of absence for the remainder of the day.
Rep. T. MOORE continued speaking.
Rep. T. MOORE moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gatch Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
Rep. J. MOORE proposed the following Amendment No. 11 to
H. 4764 (Word version) (LC-4764.AHB0011H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(B) and inserting:
(B) As soon as possible after the effective date of this act, each law enforcement agency operating a correctional facility shallmay enter into an agreement with a federal immigration enforcement agency to participate in the immigration program established under Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, or any successor or similar federal program that authorizes a law enforcement agency to enforce federal immigration law within a correctional facility.
Amend the bill further, SECTION 1, by striking Section 23-1-260(D), (E), (F), and (G) and inserting:
(D) A law enforcement agency operating a correctional facility that does not have a current agreement in effect as required under subsection (B), shallmay request to enter an agreement with a federal immigration enforcement agency on an annual basis. The law enforcement agency must submit proof of an annual request to enter into an agreement to the Illegal Immigration Enforcement Unit, in lieu of the proof of a current agreement as required under subsection (C)(5), until an agreement is executed. The law enforcement agency must include any reason an agreement could not be entered, including, but not limited to, if the federal immigration enforcement agency declines to enter an agreement.
(E)(1) The requirement to enter into an agreement or attempt to enter an agreement under subsections (C) or (D) shall not apply if compliance is determined to be fiscally or operationally impractical.
(2) For purposes of this subsection, compliance is fiscally or operationally impractical, if entering into the agreement would:
(a) require the expenditure of funds not lawfully appropriated or otherwise available;
(b) assume financial obligations that would materially jeopardize the fiscal stability of the political subdivision; or
(c) materially impair the law enforcement agency's ability to perform its core public functions due to documented operational or personnel limitations.
(3) A determination under subsection (E)(1) must be made by formal action of the governing body of the law enforcement agency, supported by written findings of fact, and attested to by the presiding law enforcement official. A determination made under this subsection must be submitted to the Illegal Immigration Enforcement Unit in lieu of the proof of an agreement or annual request to enter an agreement as required under subsections (C)(5) and (D).
(F) Notwithstanding a valid agreement under this section or the inability of a law enforcement agency to enter such an agreement, nothing in this section shall restrict a law enforcement officer from enforcing other valid provisions of state immigration law. Nothing in this section shall be construed to hinder or prevent a law enforcement agency or officer from arresting or detaining any criminal suspect on other criminal charges. And, failure to enter into an agreement does not affect funding for detaining a person in accordance with federal immigration law as otherwise may be provided by law.
(G) The Illegal Immigration Enforcement Unit shall maintain a registry of all agreements entered into under subsection (C) and maintain a registry of all annual submissions of proof required under subsection (D) or determinations of impracticability under subsection (E) for any law enforcement agencies that have not executed an agreement.
Amend the bill further, SECTION 1, by striking Section 23-1-260(J)(1), (2), and (3) and inserting:
(J)(1) The Office of the Attorney General shall have the authority to enforce the provisions of this section.
(2) If the Attorney General determines that a law enforcement agency is not in compliance with the requirements of this section, the Attorney General may bring an action in the name of the State in a circuit court seeking declaratory relief, injunctive relief, or a writ of mandamus to compel compliance with this section. The court shall have jurisdiction to issue such orders as are necessary to enforce the provisions of this section.
(3)(a) A law enforcement agency that has entered into an agreement under subsection (B) and has submitted proof as required under subsection (C)(5), constitutes compliance and bars an action instituted against a law enforcement agency under this section.
(b) If the agreement is terminated, suspended, canceled, or otherwise discontinued by a federal immigration enforcement agency, that event does not render the law enforcement agency noncompliant with this section. Actions are barred under this section based solely on that termination, suspension, cancellation, or discontinuance by a federal immigration enforcement agency.
(c) In such an event as contemplated by subsection (J)(3)(b), the law enforcement agency shall submit proof of the federal action in lieu of the requirement contained in subsection (C)(5) and, in each ensuing year, comply with the provisions of subsection (D) or (E), as applicable.
(4) A submission of proof of an annual request to enter into an agreement, or fiscal or operational impracticability, as required under subsections (D) or (E), constitutes compliance and bars an action instituted against a law enforcement agency under this section.
Renumber sections to conform.
Amend title to conform.
Rep. J. MOORE explained the amendment. Rep. HIOTT moved to table the amendment.
Rep. GRANT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gatch Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss B. Newton W. Newton Oremus Pace Pedalino Pope Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 12 to H. 4764 (Word version) (LC-4764.AHB0012H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 23-1-260(J)(1) and inserting:
(J)(1) The Office of the Attorney General shall have the authority to enforce the provisions of this section, and must defend any and all actions against a law enforcement agency of this State when the law enforcement agency's actions involve compliance with the provisions of this section.
Amend the bill further, SECTION 1, Section 23-1-260, by adding a subsection to read:
(K) All costs incurred by a law enforcement agency, municipality, or county arising out of the enforcement of the provisions of this section must be reimbursed by the State.
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. HIOTT moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
Rep. J. MOORE spoke against the Bill.
Rep. WATERS spoke against the Bill.
Rep. GILLIARD spoke against the Bill.
The SPEAKER PRO TEMPORE granted Rep. GILREATH a leave of absence for the remainder of the day.
Rep. GILLIARD continued speaking.
Rep. TEEPLE spoke in favor of the Bill.
Rep. J. L. JOHNSON spoke against the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Grant Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Scott Stavrinakis Waters Weeks Wetmore Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. BRITTAIN a temporary leave of absence.
Rep. B. NEWTON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to: H. 3034 (Word version) -- Reps. Collins, Wooten, C. Mitchell, Pope, Chapman, Pedalino, Yow, M. M. Smith, Davis, Holman, Cox, Hixon, Gagnon, Calhoon, Moss, Lawson, Kirby, Ligon, Bailey, Forrest, Gilliam, Willis, Erickson, Schuessler, Vaughan, Bradley, Hager, Whitmire, Robbins, T. Moore, Brewer, Guffey, Martin, J. L. Johnson, Haddon, Wickensimer, Brittain, Kilmartin, D. Mitchell, Cromer, Bowers, Landing, White, W. Newton, J. E. Johnson and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "FARGO'S, HYCO'S, RICO'S, COBA'S, WICK'S, AND MIKKA'S LAW" BY AMENDING ARTICLE 11 OF CHAPTER 3, TITLE 47, RELATING TO TAUNTING, TORMENTING, INJURING, OR KILLING POLICE DOGS OR HORSES, SO AS TO EXPAND THE CONDUCT THAT RESULTS IN A VIOLATION, INCREASE THE PENALTIES, REQUIRE RESTITUTION TO THE LAW ENFORCEMENT DEPARTMENT OR AGENCY, AND MAKE TECHNICAL CHANGES.
The following Bill was taken up:
H. 3034 (Word version) -- Reps. Collins, Wooten, C. Mitchell, Pope, Chapman, Pedalino, Yow, M. M. Smith, Davis, Holman, Cox, Hixon, Gagnon, Calhoon, Moss, Lawson, Kirby, Ligon, Bailey, Forrest, Gilliam, Willis, Erickson, Schuessler, Vaughan, Bradley, Hager, Whitmire, Robbins, T. Moore, Brewer, Guffey, Martin, J. L. Johnson, Haddon, Wickensimer, Brittain, Kilmartin, D. Mitchell, Cromer, Bowers, Landing, White, W. Newton, J. E. Johnson and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "FARGO'S, HYCO'S, RICO'S, COBA'S, WICK'S, AND MIKKA'S LAW" BY AMENDING ARTICLE 11 OF CHAPTER 3, TITLE 47, RELATING TO TAUNTING, TORMENTING, INJURING, OR KILLING POLICE DOGS OR HORSES, SO AS TO EXPAND THE CONDUCT THAT RESULTS IN A VIOLATION, INCREASE THE PENALTIES, REQUIRE RESTITUTION TO THE LAW ENFORCEMENT DEPARTMENT OR AGENCY, AND MAKE TECHNICAL CHANGES.
The Committee on Judiciary proposed the following Amendment No. 1o H. 3034 (Word version) (LC-3034.AHB0001H) :
Amend the bill, as and if amended, SECTION 2, by striking Section 47-3-610(B) and inserting:
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned not less than thirty days nor more than five years, or both.
Amend the bill further, SECTION 2, by striking Section 47-3-620(A) and (B) and inserting:
(A) It is unlawful for a person to wilfully orand maliciously torture, mutilate, injure, disable, poison, shoot carinto a vehicle while a police dog or horse is inside, shoot and hit a police dog or horse while running in pursuit, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain.
(B) A person who violates a provision of this section is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than twenty thousand dollars, and imprisoned for not less than two years nor more than tenfifteen years. In addition to any other penalty provided in this section, the court shall order a person convicted of a violation of this section to pay restitution to the law enforcement department or agency in an amount that would cover the full cost of restoring or replacing the animal that was injured or killed, including all related purchase, training, and veterinary expenses incurred as a result of the incident; and the court also may sentence the person to one year of animal-related community service.
Renumber sections to conform.
Amend title to conform.
Rep. J. E. JOHNSON spoke in favor of the amendment.
The amendment was then adopted.
Rep. COLLINS proposed the following Amendment No. 2 to H. 3034 (Word version) (LC-3034.AHB0004H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section and inserting:
SECTION 1. This act may be cited as "Fargo's, Hyco's, Rico's, Coba's, Wick's, and Mikka's, and Bumi's Law."
Renumber sections to conform.
Amend title to conform.
Rep. COLLINS explained the amendment.
The amendment was then adopted.
Rep. BAMBERG proposed the following Amendment No. 3 to
H. 3034 (Word version) (LC-3034.AHB0005H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 47-3-610(B) and inserting:
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned not more than five yearsone year, or both.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG explained the amendment.
The amendment was then adopted.
Rep. HOWARD proposed the following Amendment No. 4 to H. 3034 (Word version) (LC-3034.AHB0006H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 1, by striking Section and inserting:
SECTION 1. ThisThe first two SECTIONS of this act may be cited as "Fargo's, Hyco's, Rico's, Coba's, Wick's, and Mikka's, and Bumi's Law." The third SECTION of this act may be cited as the "Clementa C. Pinckney Hate Crimes Act."
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 3, Title 16 of the S.C. Code is amended by adding:
Article 22
Penalty Enhancements for Certain Crimes
Section 16-3-2410. (A) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B). (B) A person who violates the provisions of subsection (A) and commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C), upon conviction, is subject to an additional fine of not more than ten thousand dollars and an additional term of imprisonment of up to five years.
(C) The provisions of this section provide for the enhancement of the penalties applicable to underlying offenses. The court shall permit the prosecuting agency and the defense to present evidence relevant to the determination of whether the defendant intentionally selected the person against whom the offense is committed, in whole or in part, because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct. The court with competent jurisdiction over the underlying offense shall instruct the trier of fact to find a special verdict as to a violation of the provisions of this section.
(D) The additional penalties described in subsection (B) may not be imposed unless the person was indicted, either separately or as a separate count in the indictment for the underlying offense, for the offense pursuant to this section committed against the victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct, and the person was found guilty of the underlying offense.
Renumber sections to conform.
Amend title to conform.
Rep. HOWARD explained the amendment.
Rep. HIOTT raised the Rule 9.3 Point of Order that Amendment
No. 4 to H. 3034 (Word version) was not germane.
Rep. HOWARD argued contra.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled the amendment out of order.
Rep. RUTHERFORD proposed the following Amendment No. 5 to H. 3034 (Word version) (LC-3034.AHB0008H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 47-3-610(A) and inserting:
(A) It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
The SPEAKER PRO TEMPORE granted Rep. BERNSTEIN a leave of absence for the remainder of the day.
Rep. RUTHERFORD continued speaking.
Rep. RUTHERFORD moved to table the amendment, which was agreed to.
Reps. COLLINS and RUTHERFORD proposed the following Amendment No. 9 to H. 3034 (Word version) (LC-3034.AHB0011H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 47-3-640. A law enforcement officer, including an officer of the State Law Enforcement Division, who engages a police dog and the police dog bites a person, must maintain a report with a detailed account of the incident which must include the injured person's race, gender, images of the bite, as well as the outcome of the case, all of which are subject to the provisions of Chapter 4, Title 30, the Freedom of Information Act.
Renumber sections to conform.
Amend title to conform.
Rep. COLLINS explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brewer Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliam Govan Grant Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery J. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Rivers Robbins Rose Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
Gilliard McDaniel
Rep. B. NEWTON moved that the House do now adjourn, which was agreed to.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 1, 2026, at 6:00 p.m. and the following Acts and Joint Resolutions were ratified:
(R. 119, S. 146 (Word version)) -- Senators Nutt, Corbin, Cromer, Matthews, Martin, Zell, Alexander, Walker and Kimbrell: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SENATOR ROGER A. NUTT ACT" BY AMENDING SECTION 44-81-40, RELATING TO RIGHTS OF RESIDENTS OF LONG-TERM CARE FACILITIES, SO AS TO PROVIDE THAT RESIDENTS MAY DESIGNATE UP TO THREE PEOPLE WHO ARE PERMITTED TO VISIT THE RESIDENT IN THE EVENT THAT ACCESS TO THE FACILITY IS LIMITED OR PROHIBITED DUE TO A DECLARED STATE OF EMERGENCY ARISING FROM A DISASTER OR PUBLIC HEALTH EMERGENCY.
(R. 120, S. 583 (Word version)) -- Senators Davis, Massey and Johnson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-19-250, RELATING TO CONTINUING EDUCATION HOURS REQUIRED FOR LICENSEES OF THE BOARD OF FUNERAL EXAMINERS, SO AS TO REVISE PHYSICAL ATTENDANCE REQUIREMENTS FOR CONTINUING EDUCATION INSTRUCTION, TO PROVIDE AN EXCEPTION, AND TO DEFINE "PHYSICAL ATTENDANCE." (R. 121, S. 694 (Word version)) -- Senator Young: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-40, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO PROVIDE THAT IF THE BOARD OF VOTER REGISTRATION AND ELECTIONS DETERMINES THAT A PRECINCT CONTAINS NO SUITABLE LOCATION FOR A POLLING PLACE, THE BOARD, UPON APPROVAL OF A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, MAY LOCATE THE POLLING PLACE INSIDE THE COUNTY AND WITHIN FIVE MILES OF THE PRECINCT'S BOUNDARIES; AND BY AMENDING SECTION 5-15-60, RELATING TO MUNICIPALITIES ADOPTING METHODS OF NOMINATING CANDIDATES FOR AND DETERMINING RESULTS OF NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ANY MUNICIPALITY WHICH ELECTS TO HOLD PARTISAN MUNICIPAL ELECTIONS MUST PAY ALL COSTS AND EXPENSES ASSOCIATED WITH THE CONDUCT OF A MUNICIPAL PRIMARY ELECTION.
(R. 122, H. 3514 (Word version)) -- Reps. Wooten, C. Mitchell, Pedalino, Guest, Crawford and Pope: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-1-130 SO AS TO PROVIDE THAT STATE DEPARTMENTS, AGENCIES, INSTITUTIONS, AND POLITICAL SUBDIVISIONS MAY NOT USE PUBLIC FUNDS TO PURCHASE CERTAIN FLAGS UNLESS THE FLAGS ARE MADE IN THE UNITED STATES. (R. 123, H. 3856 (Word version)) -- Rep. Erickson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80, RELATING TO APPLICATIONS FOR LICENSES OR PERMITS, SO AS TO DELETE THE TERM "BLOOD TYPE" AND REPLACE IT WITH THE TERM "INFORMATION"; BY AMENDING SECTION 56-1-3350, RELATING TO ISSUANCE OF SPECIAL IDENTIFICATION CARDS AND VETERAN DESIGNATIONS ON DRIVERS' LICENSES, SO AS TO PROVIDE DOCUMENTATION THAT MUST BE SUBMITTED ON APPLICATIONS FOR A PERSON'S BLOOD TYPE TO APPEAR ON A SPECIAL IDENTIFICATION CARD, AND TO PROVIDE A CAUSE OF ACTION BASED ON INACCURATE INFORMATION CONTAINED ON IDENTIFICATION CARDS OR DRIVERS' RECORDS; BY AMENDING SECTION 56-3-20, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "RENTAL TRAILER"; BY AMENDING SECTION 56-3-785, RELATING TO ISSUANCE OF PERMANENT LICENSE PLATES TO CERTAIN OWNERS OF TRAILERS AND SEMITRAILERS, SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES TO OWNERS OF RENTAL TRAILERS, AND TO MAKE TECHNICAL CHANGES; BY AMENDING SECTION 56-3-2320, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REVISE THE NUMBER OF MOTOR VEHICLE SALES THAT MUST BE MADE BEFORE DEALER PLATES MAY BE ISSUED; BY AMENDING SECTION 56-15-560, RELATING TO APPLICATIONS FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSES AND FEES, SO AS TO REVISE EXPIRATION DATES FOR THE LICENSES AND INCREASE THE LICENSE FEES; BY AMENDING SECTION 56-19-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "BUS"; BY AMENDING SECTION 56-23-85, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO REVISE THE EXPIRATION DATES FOR THE PERMITS AND PROVIDE A SCHEDULE OF FEES; BY AMENDING SECTION 56-37-30, RELATING TO ESTABLISHMENT OF THE POINTS SYSTEM FOR EVALUATING PERFORMANCE RECORDS OF DEALERS, SO AS TO ELIMINATE CERTAIN CONDUCT THAT RESULTS IN POINT VIOLATIONS AND ADD ADDITIONAL CONDUCT THAT RESULTS IN POINT VIOLATIONS; BY AMENDING SECTION 56-37-70, RELATING TO SUSPENSIONS OF LICENSES, SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY NOTIFY CERTAIN PERSONS BY CERTIFIED MAIL OR ELECTRONIC TRACKING; BY AMENDING SECTION 56-3-1010, RELATING TO TERMS AND THEIR DEFINITIONS ASSOCIATED WITH CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET"; BY AMENDING SECTION 56-1-40, RELATING TO PERSONS WHO MAY NOT BE LICENSED OR HAVE THEIR LICENSES RENEWED, SO AS TO MAKE TECHNICAL CHANGES, TO PROVIDE THIS PROVISION APPLIES TO THE ISSUANCE OF IDENTIFICATION CARDS, TO ESTABLISH THE MAXIMUM PERIOD DRIVERS' LICENSES AND IDENTIFICATION CARDS ARE VALID, TO PROVIDE A FEE FOR IDENTIFICATION CARDS, AND TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES CERTAIN DISCRETION WHEN GRANTING EXTENSIONS TO DRIVERS' LICENSES AND IDENTIFICATION CARDS; BY AMENDING SECTION 56-3-210, RELATING TO THE ISSUANCE OF TEMPORARY LICENSE PLATES, SO AS TO INCREASE THE MAXIMUM PERIOD THE LICENSE PLATES ARE VALID; BY REPEALING SECTION 56-5-2585 RELATING TO EXEMPTING PURPLE HEART RECIPIENTS FROM PAYING PARKING METER FEES; BY AMENDING SECTION 56-19-10, RELATING TO PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO PROVIDE ADDITIONAL TERMS AND THEIR DEFINITIONS; BY AMENDING SECTION 56-19-265, RELATING TO LIENS OR ENCUMBRANCES RECORDED ON MOTOR VEHICLES OR MOBILE HOMES, SO AS TO REQUIRE CERTAIN ENTITIES TO UTILIZE THE DEPARTMENT OF MOTOR VEHICLE'S ELECTRONIC TITLE SYSTEM, AND TO REVISE THE PROVISIONS THAT ESTABLISH THE PROCEDURES TO TRANSFER VEHICLE OWNERSHIP, APPLY FOR AND THE RELEASE OF LIENS, AND PERFORM OTHER ACTIVITIES NECESSARY TO TITLE CERTAIN VEHICLES; TO AMEND SECTION 56-19-370, RELATING TO PROCEDURES FOR THE VOLUNTARY TRANSFER OF CERTAIN VEHICLES BY DEALERS, SO AS TO REVISE THE CONDITIONS THAT ALLOW THE PROSECUTION OF DEALERS FOR IMPROPERLY TITLING OR REGISTERING VEHICLES; AND BY AMENDING SECTION 56-19-680, RELATING TO THE SATISFACTION OF SECURITY INTERESTS IN VEHICLES FOR WHICH CERTIFICATES OF TITLES ARE IN THE POSSESSION OF LIENHOLDERS, SO AS TO REVISE THE PROCEDURES WHEREBY LIENHOLDERS' INTERESTS ARE RELEASED, AND TO PROVIDE A PENALTY FOR THE FAILURE OF LIENHOLDERS TO FORWARD CERTAIN CERTIFICATES OF TITLE TO THE DEPARTMENT OF MOTOR VEHICLES. (R. 124, H. 3931 (Word version)) -- Reps. Bailey, Sessions, Brewer, Robbins, M.M. Smith, Burns, Haddon, Lowe, Schuessler and Guffey: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 48-39-150, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO ESTABLISH TIMELINES FOR THE DEPARTMENT TO TAKE ACTION ON A PERMIT APPLICATION; BY AMENDING SECTION 48-39-80, RELATING TO THE DEVELOPMENT OF A COASTAL MANAGEMENT PROGRAM, SO AS TO DEEM A COASTAL ZONE CONSISTENCY CERTIFICATION APPROVED IF, FOR ALL OTHER STATE PERMITS, CERTIFICATION REVIEW IS NOT COMPLETED WITHIN NINETY DAYS OF THE PUBLIC COMMENT CLOSING; BY ADDING SECTION 48-6-35 SO AS TO PERMIT THE DEPARTMENT OF ENVIRONMENTAL SERVICES TO HIRE THIRD-PARTY, INDEPENDENT ENGINEERS TO ASSIST THE DEPARTMENT WITH ITS DUTIES AND TO REQUIRE THE DEPARTMENT TO ESTABLISH REGULATIONS FOR CONTRACTOR QUALIFICATIONS TO BID ON THE DEPARTMENT'S WORK; AND BY REPEALING A PORTION OF SECTION 48-39-130 AS OF SEPTEMBER 30, 2032, AND TO ESTABLISH REQUIREMENTS FOR CERTAIN MAINTENANCE DREDGING AFTER THAT DATE.
(R. 125, H. 3967 (Word version)) -- Reps. Haddon, Ligon, Brewer, Bannister, Forrest, Herbkersman, Hixon, Duncan and Sanders: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 48-23-185 SO AS TO DEFINE "BIOMASS" AND OTHER RELEVANT TERMS; TO REQUIRE THAT ENERGY PRODUCED FROM CERTAIN SOURCES BE CONSIDERED CARBON NEUTRAL AND FROM OTHER SOURCES CARBON NEGATIVE; AND FOR OTHER PURPOSES.
(R. 126, H. 5089 (Word version)) -- Reps. W. Newton and Herbkersman: AN ACT 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 REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS ARE DELINEATED.
The Senate returned to the House with concurrence the following:
H. 5043 (Word version) -- Reps. Wetmore and Stavrinakis: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT APPROPRIATE MARKERS OR SIGNS AT THE TRAFFIC CIRCLE LOCATED AT THE INTERSECTION OF CAMP ROAD AND FORT JOHNSON ROAD ON JAMES ISLAND IN CHARLESTON COUNTY THAT CONTAIN THE WORDS "IN MEMORY OF SGT. FIRST CLASS ISAAC GETHERS JR." H. 5044 (Word version) -- Reps. Wetmore, Stavrinakis and Teeple: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF RIVER ROAD AND MAYBANK HIGHWAY ON JOHNS ISLAND IN CHARLESTON COUNTY "JANIE BLIGEN HUNTER '1984 NATIONAL HERITAGE FELLOW' INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
H. 5481 (Word version) -- Reps. Erickson, Bradley, Terribile, Kilmartin, Lastinger, Gilreath, Bowers, Alexander, Rivers, Hartnett, Garvin, Vaughan, Frank, Grant, Huff, D. Mitchell and McGinnis: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2025-2026 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
At 6:04 p.m. the House, in accordance with the motion of Rep. SCOTT, adjourned in memory of Willie Mae Reames, to meet at 10:00 a.m. tomorrow.
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