NO. 61
REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2025
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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 130:3-4: "If You, O Lord, should mark iniquities, O Lord, who could stand? But with you there is forgiveness, that you may be feared."
Let us pray. O Lord our faithful Father, Your tender care watches all our ways, and nothing escapes Your knowledge and sight. Give ear to my words, O Lord, consider my groaning. This morning, Lord, You hear my voice; and this morning I lay my requests before You and wait expectantly. Our iniquities are forever before You! You alone are compassionate and gracious God, slow to anger, abounding in love and faithfulness, keeping steadfast love for thousands, forgiving iniquity and transgression and sin. Our elected officials of this Assembly need wisdom, understanding and discernment, to distinguish between what is good and what is best. We beseech You Father, that You would hear our cry for help and as we wait expectantly on You, knowing that Man plans his ways, but You direct his steps. Thank You that "Your Son gave himself for our sins to deliver us from the present evil age, according to the will of our God and Father, to whom be the glory forever and ever". 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. HOSEY moved that when the House adjourns, it adjourn in memory of Keyshawn Tyreek Jenkins, which was agreed to.
The following was received:
Columbia, S.C., May 13, 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. B. NEWTON the invitation was accepted.
The following was received:
Columbia, S.C., May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 831 (Word version):
S. 831 (Word version) -- Senators Grooms, Jackson, Kimbrell, Sutton and Bennett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-1-410, RELATING TO THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE GOVERNOR SHALL APPOINT THE SECRETARY INSTEAD OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION; TO DEVOLVE THE DUTIES OF THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION UPON THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION; BY AMENDING SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING BODIES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT PART OF THE GOVERNING BODY OF THE DEPARTMENT OF TRANSPORTATION IS A SEVEN-MEMBER COMMISSION; BY AMENDING SECTION 1-30-105, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE GOVERNING AUTHORITY OF THE DEPARTMENT OF TRANSPORTATION IS THE SECRETARY OF TRANSPORTATION; BY AMENDING SECTIONS 11-43-140 AND 11-43-150, BOTH RELATING TO THE TRANSPORTATION INFRASTRUCTURE BANK, SO AS TO REMOVE THE CHAIRMAN OF THE DEPARTMENT OF TRANSPORTATION COMMISSION AS A DIRECTOR, TO PROVIDE THAT THE SECRETARY OF TRANSPORTATION IS A MEMBER OF THE BOARD; AND TO MAKE A CONFORMING CHANGE; BY AMENDING SECTIONS 57-1-10, 57-1-40, 57-1-430, 57-1-500, 57-3-50, 57 1 90, 57-3-210, 57-3-700, 57-5-10, 57-5-50, 57-5-90, 57-5-310, 57-5-340, 57-13-10, 57-13-20, 57-13-40, 57-13-50, 57 25 120, 57-25-140, 57-25-150, 57-25-170, 57-25-200, 57-25-210, AND 57-1-370, ALL RELATING TO THE DEPARTMENT OF TRANSPORTATION, AND ITS DUTIES AND RESPONSIBILITIES, SO AS TO MAKE CONFORMING CHANGES REGARDING THE COMMISSION; BY REPEALING SECTIONS 57-1-310, 57-1-320, 57-1-325, 57-1-330, 57-1-340, 57-1-350, AND SECTIONS 6, 7, AND 8 OF ACT 114 OF 2007 ALL RELATING TO THE CREATION AND FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION AND ITS COMMISSION; BY AMENDING SECTION 57-1-360, RELATING TO AUDITS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO SET FORTH CERTAIN REQUIREMENTS FOR THE CHIEF INTERNAL AUDITOR AND TO REQUIRE AN INDEPENDENT AUDIT OF THE DEPARTMENT EVERY FOUR YEARS; TO AMEND SECTION 57 3 20, RELATING TO THE DIVISIONS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ESTABLISH CERTAIN DEPUTY SECRETARIES; BY ADDING SECTION 57-3-205 SO AS TO AUTHORIZE PUBLIC-PRIVATE PARTNERSHIPS BETWEEN THE DEPARTMENT OF TRANSPORTATION AND OTHER ENTITIES AND TO SET FORTH CERTAIN REQUIREMENTS; BY AMENDING SECTION 57-3-615, RELATING TO CERTAIN TOLLS AND USAGE CHARGES, SO AS TO SPECIFY THE CIRCUMSTANCES UNDER WHICH TOLLS AND USAGE CHARGES MAY BE IMPOSED; BY ADDING SECTION 57-3-790 SO AS TO WAIVE THE STATE'S IMMUNITY UNDER THE 11TH AMENDMENT OF THE UNITED STATES CONSTITUTION FOR CERTAIN ACTIONS OF THE DEPARTMENT OF TRANSPORTATION AND TO SPECIFY THE CIRCUMSTANCES FOR WAIVING IMMUNITY; BY ADDING SECTION 57-3-800 SO AS TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO ENTER INTO CERTAIN RECIPROCAL AGREEMENTS WITH OTHER JURISDICTIONS AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH AGREEMENTS ARE ENFORCEABLE; BY ADDING SECTION 57-5-1345 SO AS TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO COORDINATE WITH THE DEPARTMENT OF MOTOR VEHICLES TO ADMINISTER AND COLLECT TOLLS AND USAGE CHARGES; BY AMENDING SECTIONS 57-5-820 AND 57-5-830, BOTH RELATING TO DEPARTMENT OF TRANSPORTATION PROJECTS AND MUNICIPALITIES, SO AS TO SET FORTH THE PROCESS BY WHICH A MUNICIPALITY MAY OBJECT TO THE PROJECT; BY AMENDING SECTIONS 57-5-1320, 57-5-1330, 57-5-1335, 57-5-1340, 57-5-1350, 57-5-1360, 57-5-1370, 57-5-1380, 57-5-1390, 57-5-1400, 57-5-1410, 57-5-1420, 57-5-1430, 57 5-1440, 57-5-1450, 57-5-1460, 57-5-1470, 57-5-1480, 57-5-1490, AND 57-5-1495, ALL RELATING TO TURNPIKE PROJECTS, SO AS TO CHANGE THE NAME OF SUCH PROJECTS TO CHOICE LANE FACILITIES, TO SPECIFY THE CIRCUMSTANCES UNDER WHICH CHOICE LANE FACILITIES MAY BE CONSTRUCTED, TO SPECIFY THE MANNER IN WHICH BONDS MAY BE ISSUED FOR SUCH CHOICE LANE FACILITIES PROJECTS, AND TO MAKE CONFORMING CHANGES; BY ADDING SECTION 57-5-1710 SO AS TO SET FORTH THE REQUIREMENTS FOR THE DEPARTMENT OF TRANSPORTATION TO SELECT AND AWARD A CONTRACT TO A PHASED DESIGN-BUILD CONTRACTOR; BY ADDING SECTION 57-5-1720 SO AS TO AUTHORIZE THE DEPARTMENT TO AWARD HIGHWAY CONSTRUCTION CONTRACTS USING A CONSTRUCTION MANAGER/GENERAL CONTRACTOR PROCEDURE; BY AMENDING SECTIONS 56-5-4210 AND 56-5-4220, BOTH RELATING TO CERTAIN ROAD RESTRICTIONS ON LOCAL ROADS, SO AS TO SPECIFY THE CIRCUMSTANCES UNDER WHICH RESTRICTIONS MAY BECOME EFFECTIVE; BY AMENDING SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE CONSOLIDATED PROCUREMENT CODE, SO AS TO SPECIFY THE EXEMPTION FOR THE DEPARTMENT OF TRANSPORTATION AND TO EXEMPT CERTAIN ROAD-RELATED ACQUISITIONS BY THE DEPARTMENT OF PUBLIC SAFETY; BY AMENDING SECTION 12-28-2740, RELATING TO "C" FUNDS, SO AS TO PROVIDE FOR THE POWERS AND RESPONSIBILITIES OF THE COUNTY TRANSPORTATION COMMITTEES AND PROCEDURES FOR USING "C" FUND REVENUES; BY AMENDING SECTION 12-28-2920, RELATING TO THE CONSTRUCTION OF CERTAIN ROADS, SO AS TO SPECIFY THE USE OF USAGE CHARGE REVENUES; BY ADDING SECTION 57-5-1800 SO AS TO ESTABLISH THE POTHOLE MITIGATION PROGRAM FOR THE PUBLIC REPORTING OF POTHOLE LOCATIONS; AND BY ADDING SECTION 57-1-375 SO AS TO SET FORTH A PROCESS BY WHICH COUNTY-FUNDED PROJECTS MAY REPRIORITIZE THE STATEWIDE TRANSPORTATION PLAN WITHIN THE COUNTY.
The Report of the Committee of Conference having been adopted by both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 5683 (Word version) -- Reps. Rankin, Pace, C. Mitchell, Cromer, Gilreath, Bustos, Magnuson, Edgerton, Burns, Oremus, Bailey, Guest, Brittain, Chumley, J. E. Johnson, Haddon, Jordan, Lawson, Lowe, McGinnis, B. Newton, W. Newton, G. M. Smith, White and Willis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 7-19-35 SO AS TO ESTABLISH THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES ARE ELECTED; AND BY REPEALING SECTION 7-19-45 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.
Ordered for consideration tomorrow.
The following was introduced: H. 5693 (Word version) -- Reps. Pedalino, 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, 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 SERGEANT MAJOR JOHN WESLEY FULTON, RETIRED, OF CLARENDON COUNTY AND TO EXPRESS GRATITUDE FOR HIS DEDICATION TO THE MANNING COMMUNITY.
The Resolution was adopted.
The following was introduced: H. 5694 (Word version) -- Reps. B. Newton, 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, 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 CONGRATULATE THE LANCASTER POLICE DEPARTMENT FOR BEING AWARDED LAW ENFORCEMENT ACCREDITATION BY THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES INC.
The Resolution was adopted.
The following was introduced:
H. 5695 (Word version) -- Reps. C. Mitchell, 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, 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 PUPILS, FACULTY, AND ADMINISTRATION OF KERSHAW ELEMENTARY SCHOOL FOR BEING CHOSEN AS A BEATING THE ODDS INVESTIGATIVE STUDY SCHOOL AND TO CONGRATULATE THEM FOR OVERCOMING ISSUES THAT HINDER THE POSSIBILITY OF AN EXCELLENT EDUCATION IN ORDER TO BECOME HIGH ACHIEVING IN ACADEMICS.
The following was introduced:
H. 5696 (Word version) -- Reps. Henderson-Myers and McDaniel: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KATHY HILL FOR MORE THAN THIRTY-FIVE YEARS OF DEDICATED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA AND THE CITY AND COUNTY OF SPARTANBURG, AND TO COMMEND HER FOR HER EXEMPLARY CIVIC LEADERSHIP AND ENDURING CONTRIBUTIONS TO HER COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 5697 (Word version) -- Reps. Kilmartin, 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, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF ROBERT STEWART BOND AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The following was introduced:
H. 5698 (Word version) -- Reps. Williams, 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, Wetmore, White, Whitmire, Wickensimer, Willis, Wooten and Yow: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE JAMES T. HAM FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO THE UNITED STATES FEDERAL SERVICE AND HIS UNWAVERING DEDICATION TO HIS COMMUNITY.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1175 (Word version) -- Senator Devine: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 176 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 16 TO THE COLUMBIA CANAL IN RICHLAND COUNTY "DR. JASPER SALMOND HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS CONTAINING THESE WORDS AT THIS LOCATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1187 (Word version) -- Senators Gambrell, Adams, Alexander, Allen, Bennett, Blackmon, Bright, Campsen, Cash, Chaplin, Climer, Corbin, Cromer, Davis, Devine, Elliott, Fernandez, Garrett, Goldfinch, Graham, Grooms, Hembree, Hutto, Jackson, Johnson, Kennedy, Kimbrell, Leber, Martin, Massey, Matthews, Ott, Peeler, Rankin, Reichenbach, Rice, Sabb, Stubbs, Sutton, Tedder, Turner, Verdin, Walker, Williams, Young and Zell: A CONCURRENT RESOLUTION TO DECLARE MAY 17-23, 2026, AS "EMERGENCY MEDICAL SERVICES WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE ESSENTIAL CONTRIBUTIONS OF EMERGENCY MEDICAL SERVICES PROFESSIONALS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1190 (Word version) -- Senators Bennett, Adams, Alexander, Allen, Blackmon, Bright, Campsen, Cash, Chaplin, Climer, Corbin, Cromer, Davis, Devine, Elliott, Fernandez, Gambrell, Garrett, Goldfinch, Graham, Grooms, Hembree, Hutto, Jackson, Johnson, Kennedy, Kimbrell, Leber, Martin, Massey, Matthews, Ott, Peeler, Rankin, Reichenbach, Rice, Sabb, Stubbs, Sutton, Tedder, Turner, Verdin, Walker, Williams, Young and Zell: A CONCURRENT RESOLUTION TO DECLARE NOVEMBER 2026 AS "LUNG CANCER AWARENESS MONTH" IN THE STATE OF SOUTH CAROLINA.
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. 5699 (Word version) -- Reps. Frank, Huff, Teeple, Harris, Pace and McCabe: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-7-15 SO AS TO PROVIDE LICENSURE TO PRACTICE BARBERING IS VOLUNTARY, AND TO PROVIDE FOR THE AUTHORITY AND LIMITATIONS OF LICENSED AND UNLICENSED BARBERS; BY AMENDING SECTION 40-7-20, RELATING TO DEFINITIONS CONCERNING BARBERS AND BARBERING, SO AS TO DEFINE THE TERM "REGISTERED BARBER"; BY AMENDING SECTION 40-7-200, RELATING TO PRACTICING BARBERING IN VIOLATION OF THE CHAPTER, SO AS TO PROVIDE IT IS UNLAWFUL FOR A PERSON TO FALSELY REPRESENT HIMSELF AS A LICENSED OR REGISTERED BARBER OR TO OTHERWISE VIOLATE CERTAIN STATUTORY PROVISIONS APPLICABLE TO LICENSED BARBERS; BY AMENDING SECTION 40-7-290, RELATING TO REQUIREMENTS FOR BARBERS WHO TRAIN STUDENTS, SO AS TO PROVIDE ONLY REGISTERED BARBERS MAY SUPERVISE AND TRAIN STUDENTS IN REGISTERED BARBER SCHOOLS; BY AMENDING SECTION 40-7-320, RELATING TO THE REQUIREMENT THAT BARBERSHOPS BE REGISTERED AND THE MANDATORY POSTING OF INSPECTION RATINGS AND REGULATIONS IN BARBERSHOPS AND BARBER SCHOOLS, SO AS TO PROVIDE RELATED STATUTORY REQUIREMENTS AND REGULATIONS APPLY REGARDLESS OF WHETHER INDIVIDUALS WHO OWN, OPERATE, OR PRACTICE WITHIN A BARBERSHOP ARE LICENSED BARBERS, AND TO PROVIDE A PERSON MAY OWN, OPERATE, OR WORK IN A REGISTERED BARBERSHOP WITHOUT BEING A REGISTERED BARBER; AND BY REPEALING SECTION 40-7-30 RELATING TO THE REQUIREMENT OF LICENSURE TO BE A BARBER OR PRACTICE BARBERING.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1043 (Word version) -- Senators Adams, Zell, Leber and Graham: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "CIVIL AIR PATROL LEAVE ACT"; BY ADDING CHAPTER 23 TO TITLE 25 SO AS TO DEFINE TERMS RELATED TO THE CIVIL AIR PATROL LEAVE ACT, TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF CIVIL AIR PATROL LEAVE, TO PRESCRIBE THE DUTIES OF EMPLOYEES AND RIGHTS OF EMPLOYERS REGARDING CIVIL AIR PATROL LEAVE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE ANTI-DISCRIMINATION AND EMPLOYEE BENEFITS PROTECTIONS.
On motion of Rep. TAYLOR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley 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 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 Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Rep. ROSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 7.
Reps. BAMBERG and STAVRINAKIS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 12.
The SPEAKER PRO TEMPORE granted Rep. BERNSTEIN a leave of absence for the day due to a prior family commitment.
The SPEAKER PRO TEMPORE granted Rep. WEEKS a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. BREWER a leave of absence for the day due to birth of his child.
The SPEAKER PRO TEMPORE granted Rep. HOWARD a temporary leave of absence.
REP. POPE made a statement relative to Rep. M. M. SMITH'S service in the House.
Rep. M. M. SMITH made a statement relative to his service in the House.
The SPEAKER PRO TEMPORE granted Rep. GATCH a temporary leave of absence.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4679 (Word version) -- Reps. C. Mitchell, Cox, M. M. Smith, Wooten, Chapman, W. Newton, Herbkersman, Wickensimer, Guest, McCravy, Hartnett, Gilliard, Rivers and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA DRONE REGULATION AND PUBLIC SAFETY ACT" BY ADDING SECTION 55-1-110 SO AS TO ESTABLISH GUIDELINES FOR DRONE OPERATIONS AND PENALTIES FOR UNLAWFUL DRONE USE.
Rep. C. MITCHELL explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Brittain Burns Bustos Chapman Clyburn Cobb-Hunter Collins Cox Cromer Davis Duncan Edgerton Ford Forrest Gagnon Gilliam Gilreath Govan Grant Guest Guffey Haddon Hardee Harris Hartnett Hartz Hayes Henderson-Myers Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Long Lowe Luck Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell T. Moore Moss Neese B. Newton Oremus Pace Pedalino Pope Rankin Reese Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Wickensimer Williams Willis Wooten
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
I was temporarily out of the Chamber on constituent business during the vote on H. 4679 (Word version). I would have voted to concur in the Senate Amendments.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3569 (Word version) -- Reps. M. M. Smith, Pope, Davis, Cobb-Hunter, Wetmore, Henderson-Myers, Erickson, Rivers and Gilliard: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE OFFENSES MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS; AND BY AMENDING SECTION 27-40-210, RELATING TO DEFINITIONS, SO AS TO DEFINE TERMS.
Rep. M. M. SMITH proposed the following Amendment No. 1A to
H. 3569 (Word version) (LC-3569.SA0002H), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 3 from the bill.
Renumber sections to conform.
Amend title to conform.
Rep. M. M. SMITH explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Frank Gagnon Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton Oremus Pace Pedalino Pope Rankin Reese Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
I was temporarily out of the Chamber on constituent business during the vote on H. 3569 (Word version). I would have voted to amend the Senate Amendments.
The Senate Amendments to the following Bill were taken up for consideration: S. 454 (Word version) -- Senator Hembree: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-40-40, RELATING TO DEFINITIONS PERTAINING TO CHARTER SCHOOLS, SO AS TO CHANGE REFERENCES FROM "SPONSOR" TO "AUTHORIZER" AND TO PROVIDE OTHER DEFINITIONS; BY AMENDING SECTION 59-40-50, RELATING TO EXEMPTIONS, SO AS TO REQUIRE A CHARTER SCHOOL TO POST THEIR ANNUAL AUDIT ON THEIR WEBSITE AND TO NOTIFY AND PROVIDE A COPY OF ANY EDUCATION MANAGEMENT CONTRACTS TO THE AUTHORIZER; BY AMENDING SECTION 59-40-55, RELATING TO AUTHORIZER POWERS AND DUTIES AND THE RETENTION OF FUNDS, SO AS TO REQUIRE THE AUTHORIZER TO ADOPT AND IMPLEMENT POLICIES, PROCEDURES, AND PRACTICES THAT ENSURE GOOD GOVERNANCE AND ACCOUNTABILITY; BY AMENDING SECTION 59-40-60, RELATING TO CHARTER APPLICATIONS AND COMMITTEES, SO AS TO EXPAND THE CHARTER SCHOOL APPLICATION TO INCLUDE ANY PROPOSED CHARTER OR EDUCATION MANAGEMENT CONTRACTS CONTEMPLATED BY THE CHARTER SCHOOL; BY AMENDING SECTION 59-40-70, RELATING TO APPLICATION REQUIREMENTS AND PROCEDURES, SO AS TO SET A TIME FRAME TO HOLD A PUBLIC HEARING ON THE APPLICATION FOR A CHARTER SCHOOL; BY AMENDING SECTION 59-40-75, RELATING TO THE REMOVAL OF AN AUTHORIZER OR MEMBER OF A DISTRICT OR GOVERNING BOARD, SO AS TO REQUIRE THE GOVERNOR TO VACATE THE SEAT OF A MEMBER OF AN AUTHORIZER OR CHARTER SCHOOL GOVERNING BOARD WHO IS INDICTED FOR A CRIME; AND TO ALLOW THE GOVERNOR TO REMOVE A MEMBER FOR CHRONIC UNEXCUSED ABSENTEEISM, MEDICAL INCOMPETENCY, OR MEDICAL INCAPACITY; BY AMENDING SECTION 59-40-90, RELATING TO APPEALS TO THE ADMINISTRATIVE LAW COURT, SO AS TO ALLOW AN APPEAL FOR ANY FINAL DECISION MADE PURSUANT TO THIS CHAPTER BE MADE TO THE ADMINISTRATIVE LAW COURT; BY AMENDING SECTION 59-40-115, RELATING TO TERMINATION OF A CONTRACT WITH AN AUTHORIZER, SO AS TO ALLOW A CHARTER SCHOOL TO TERMINATE ITS CHARTER AND CONTRACT WITH AN AUTHORIZER UNDER CERTAIN CONDITIONS; BY AMENDING SECTION 59-40-150, RELATING TO THE DUTIES OF THE DEPARTMENT OF EDUCATION, SO AS TO ESTABLISH THE DUTIES OF THE DEPARTMENT OF EDUCATION TO SERVE AS THE STATE EDUCATION AGENCY FOR EACH AUTHORIZER AND ANNUALLY REVIEW THE POLICIES, PROCEDURES, AND PERFORMANCE OF EACH AUTHORIZER FOR COMPLIANCE; AND BY AMENDING SECTION 59-40-180, RELATING TO REGULATIONS AND GUIDELINES, SO AS TO CLARIFY THAT GUIDELINES WILL BE APPLICABLE TO NEW AUTHORIZERS AND CHARTER SCHOOLS.
Rep. ERICKSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Gagnon Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan King Landing Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Frank
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
I was temporarily out of the Chamber on constituent business during the vote on S. 454 (Word version). I would have voted to concur in the Senate Amendments.
Rep. Wm. Weston Newton
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that they be enrolled for ratification: S. 1162 (Word version) -- Senator Gambrell: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE ELECTION OF TRUSTEES OF ANDERSON COUNTY SCHOOL DISTRICT 2, SO AS TO PROVIDE THAT SIX MEMBERS OF THE SEVEN-MEMBER GOVERNING BODY MUST BE ELECTED FROM SINGLE-MEMBER DISTRICTS.
The following Bill was taken up:
S. 1048 (Word version) -- Senator Corbin: A BILL TO PROVIDE THAT SINGLE-FAMILY DWELLING UNITS IN THE BLUE RIDGE COMMUNITY IN GREENVILLE COUNTY MUST BE BUILT ON FIVE ACRE TRACTS, TO PROVIDE THAT MULTI-FAMILY DWELLINGS BUILT IN THE BLUE RIDGE COMMUNITY MUST BE BUILT ON A TRACT OF LAND THAT IS EQUAL TO FIVE ACRES OF LAND FOR EACH DWELLING UNIT, AND TO PROVIDE FOR AN EXCEPTION.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 819 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-31-45 SO AS TO ESTABLISH A PROCEDURE FOR TUBERCULOSIS TESTING OF APPLICANTS AND NEW EMPLOYEES AT NURSING HOMES AND COMMUNITY RESIDENTIAL CARE FACILITIES.
S. 453 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO TITLE 40, CHAPTER 15, SO AS TO PROVIDE GUIDELINES FOR THE PRACTICE OF TELEDENTISTRY IN THIS STATE, TO OUTLINE UNPROFESSIONAL CONDUCT, AND TO PROVIDE DEFINITIONS RELATED TO TELEDENTISTRY. S. 436 (Word version) -- Senators Grooms, Fernandez and Leber: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ADD AN EXEMPTION FOR A PORTION OF THE VALUE OF AIRCRAFT OF AN AIRLINE COMPANY; AND BY AMENDING SECTION 12-37-2440, RELATING TO THE VALUATION OF AIRCRAFT, SO AS TO SPECIFY THE MANNER IN WHICH TIME ON THE GROUND IS CALCULATED.
S. 1005 (Word version) -- Senators Elliott, Stubbs, Walker, Blackmon and Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-1-200, RELATING TO THE ESTABLISHMENT OF SALARIES OF SUPREME COURT JUSTICES AND COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT JUDGES, SO AS TO PROVIDE A REVISED SALARY SCHEDULE FOR JUDGES. S. 829 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-25-20, RELATING TO DEFINITIONS, SO AS TO PROVIDE APPROPRIATE DEFINITIONS; BY AMENDING SECTION 6-25-50, RELATING TO APPLICATION FILED WITH SECRETARY OF STATE, SO AS TO REVISE APPLICATION REQUIREMENTS; BY AMENDING SECTION 6-25-60, RELATING TO APPOINTMENT OF COMMISSIONERS, SO AS TO PROVIDE FOR ALTERNATIVE METHODS OF COMMISSIONER APPOINTMENT AND CONDITIONS OF SERVICE AS COMMISSIONER; BY AMENDING SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF JOINT SYSTEM, SO AS TO PROVIDE PROCEDURES FOR COMMISSIONER APPOINTMENT WHEN A NEW MEMBER IS ADDED TO A JOINT SYSTEM; BY AMENDING SECTION 6-25-80, RELATING TO DISSOLUTION OF SYSTEM, SO AS TO PROVIDE PROCEDURES FOR JOINT SYSTEM RECONSTITUTION AND MEMBER WITHDRAWAL; BY AMENDING SECTION 6-25-110, RELATING TO AUTHORIZATION TO INCUR DEBT AND ISSUE BONDS, SO AS TO PROVIDE PROCEDURES FOR BOND ISSUANCE BY A COMMISSION APPOINTED ENTIRELY BY THE GOVERNOR; AND BY AMENDING SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN AUTHORITY AND JOINT SYSTEM; DURATION, SO AS TO PERMIT AUTOMATIC EXTENSION OF CONTRACT PROVISIONS COMMENSURATE WITH TERMS OF BONDS OR OTHER INDEBTEDNESS.
S. 1011 (Word version) -- Senator Hutto: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF ADMINISTRATION, THE STATE FISCAL ACCOUNTABILITY AUTHORITY, OR THE APPROPRIATE AGENCY, TO TRANSFER THE NATIONAL GUARD ARMORY IN THE CITY OF BARNWELL, SOUTH CAROLINA, TO BARNWELL COUNTY.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
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.
S. 222 (Word version) -- Senators Ott and Stubbs: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-2-140 SO AS TO DEFINE THE TERM "UTILITY TERRAIN VEHICLE" AND PROVIDE FOR THE REGISTRATION AND OPERATION OF THEM ON THE HIGHWAYS AND STREETS OF THE STATE; BY AMENDING SECTION 56-1-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "OFF-ROAD USE ONLY"; AND BY AMENDING SECTION 38-77-30, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" TO INCLUDE CERTAIN UTILITY TERRAIN VEHICLES. S. 688 (Word version) -- Senators Massey and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-31-5, RELATING TO CONTRIBUTIONS AND PAYMENTS TO THE UNEMPLOYMENT TRUST FUND DEFINITIONS, SO AS TO CHANGE THE LOOKBACK PERIOD FOR THE BENEFIT RATIO; BY AMENDING SECTION 41-31-45, RELATING TO DEBT STATUS ESTIMATES, SO AS TO PROVIDE FOR A SOLVENCY TARGET FOR THE FUND; BY AMENDING SECTION 41-31-60, RELATING TO THE TAX RATE WHEN A DELINQUENT REPORT IS RECEIVED, SO AS TO CHANGE THE PENALTY FOR AN OUTSTANDING LIEN; BY AMENDING SECTION 41-31-350, RELATING TO THE PENALTY FOR FAILURE TO FILE A REPORT, SO AS TO REMOVE THE CAP ON THE PENALTY FOR FAILING TO FILE A REPORT; AND BY AMENDING SECTION 41-31-370, RELATING TO INTEREST ON UNPAID CONTRIBUTIONS, SO AS TO REMOVE THE CAP ON THE PENALTY FOR FAILURE TO PAY CONTRIBUTIONS.
The following Bill was taken up:
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.
Rep. SESSIONS proposed the following Amendment No. 1 to S. 958 (Word version) (LC-958.VR0002H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:
Section 44-7-255. (A) "Justified emergency" means any of the following:
(1) declared state of emergency;
(2) natural or manmade disaster;
(3) mass transit accident;
(4) industrial or construction accident;
(5) chemical, biological, radiological, or nuclear event; (6) act of crowd, spree, or terrorist violence resulting in injuries;
(7) acute outbreak of contagious or infectious disease; or
(8) the exhaustion of all available treatment space in an emergency department due to the number of patients being treated at that time.
(B) "Hallways," "corridors," and "means of egress" mean the same as defined in the codes and standards in effect at the time of the incident, as identified in Section 1-34-20 and adopted by the Building Codes Council pursuant to Chapter 9, Title 6.
(C) During a justified emergency, patient beds may be used in hallways, corridors, and other means of egress when a designated member of the emergency department leadership team as determined by the hospital's written policy and procedures determines and, within seven calendar days of the start of the justified emergency, documents on an electronic form developed by the Department of Public Health that:
(1) all other appropriate treatment space in the hospital has been exhausted; and
(2) the health and safety of patients is jeopardized without the use of patient beds in these areas.
(D) The form shall include the following:
(1) the beginning date and time of the justified emergency;
(2) the ending date and time of the justified emergency;
(3) the nature of the justified emergency, as described in subsection (A)(1) through (8);
(4) an indication that all other appropriate treatment space in the hospital has been exhausted;
(5) an indication that the health and safety of patients is at an increased risk without the use of patient beds in hallways, corridors, or other means of egress; and
(6) the signature of a designated member of the emergency department leadership team at the onset of the justified emergency.
(E) The hospital shall maintain records referenced in subsection (C) and provide copies of the form described in subsection (D) no less than quarterly to the department that documents each instance when a justified emergency has been determined and patient beds have been used in hallways, corridors, or other means of egress.
(F) When not in use for the care and treatment of patients during a justified emergency, hospitals shall remove any beds from hallways, corridors, or means of egress. (G) To provide for the safety of hospital staff, patients, and visitors during a justified emergency, hospitals shall maintain a clear pathway in hallways, corridors, and means of egress and shall not block exits. Hospitals shall not erect or construct partitions or structures that obstruct the building's fire protection systems including automatic sprinkler systems or fire alarm and detection system components.
(H) To provide for the safety of hospital staff, patients, and visitors, hospitals shall develop written protocols for justified emergency conditions and shall require all employees responsible for the care or treatment of patients to familiarize themselves with these protocols.
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. SESSIONS 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:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery 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 Wetmore 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.
The following Bill was taken up: S. 858 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN'S BOARD, SO AS TO CHANGE THE STANDARDS FOR SERVING ON THE BOARD AND THE PROCEDURE FOR TERMS OF OFFICE; TO AUTHORIZE THE DEPARTMENT OF CHILDREN'S ADVOCACY TO ESTABLISH CERTAIN STANDARDS FOR LOCAL REVIEW BOARDS; BY AMENDING SECTION 63-11-710, RELATING TO LOCAL BOARDS FOR REVIEW, SO AS TO GIVE THE DIRECTOR AUTHORIZATION TO APPOINT OR REMOVE A MEMBER OF A LOCAL BOARD; BY AMENDING SECTION 63-11-740, RELATING TO MEETINGS OF LOCAL BOARDS AND STAFFING, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE ASSISTANCE TO EACH LOCAL BOARD FOR MEETINGS; BY AMENDING SECTION 63-11-760, RELATING TO IMMUNITY FROM LIABILITY, SO AS TO CLARIFY THAT TRAINING WILL BE PROVIDED BY THE DEPARTMENT; AND BY AMENDING SECTION 63-11-770, RELATING TO COOPERATION OF PUBLIC AND PRIVATE AGENCIES, SO AS TO INCLUDE ALL PUBLIC AGENCIES PROVIDING SERVICES TO CHILDREN IN FOSTER CARE.
The Committee on Education and Public Works proposed the following Amendment No. 1 to S. 858 (Word version) (LC-858.VR0001H):
Amend the bill, as and if amended, SECTION 2, by striking Section 63-11-710(A) and inserting:
(A) There are created sixteen The department shall create local boards for review of cases of children receiving foster care, pursuant to Section 63-11-700(E). Members of local boards will be appointed by the director upon the recommendation of their county legislative delegation. Current board members shall continue to serve until the expiration of their respective terms. one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman.
Amend the bill further, SECTION 2, by striking Section 63-11-710(C) and inserting:
(C) If the Department determines that a local board is no longer necessary, then the Department may dissolve that local review board with the consent ofupon notice to the majority of the local legislative delegation.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
Reps. FRANK, MORGAN, EDGERTON, HARRIS, WHITE, MAGNUSON and CROMER requested debate on the Bill.
The following Bill was taken up:
S. 1038 (Word version) -- Senator Massey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-340 SO AS TO DESIGNATE THE FIRST DAY OF MARCH OF EACH YEAR AS "RELIGIOUS LIBERTY DAY" IN SOUTH CAROLINA.
The Committee on Education and Public Works proposed the following Amendment No. 1 to S. 1038 (Word version) (LC-1038.WAB0001H), which was adopted:
Amend the bill, before the enacting words, by deleting the first paragraph from the bill.
Amend the bill further, before the enacting words, by deleting the second paragraph from the bill.
Amend the bill further, before the enacting words, by deleting the third paragraph from the bill.
Amend the bill further, before the enacting words, by striking the fourth paragraph and inserting:
Whereas, this guarantee of religious liberty, as enshrined in the Fundamental Constitutions, became a beacon of hope in Europe for those being oppressed because of their faith and made Charleston the center of the free world for religious expression; and
Whereas, religious liberty is a God-given right and one of the foundational principles upon which both the United States and the State of South Carolina were established; and
Whereas, the Constitution of South Carolina of 1790 declared that the free exercise and enjoyment of religious profession and worship shall forever be allowed in this State, without discrimination or preference; and
Whereas, our rights do not come from government, but are God-given, and government's duty is to protect them; and
Amend the bill further, before the enacting words, by striking the fifth paragraph and inserting:
Whereas, on January 15, 2025, representatives of many faiths including, but not limited to, Christians, Jews, and Muslims, joined together for the inaugural South Carolina Religious Liberty Conference for the purpose of celebrating and promoting the Palmetto State's historic and contemporary embrace of the freedom of religion and conscience; and
Amend the bill further, before the enacting words, by striking the sixth paragraph and inserting:
Whereas, the inaugural South Carolina Religious Liberty Conference was hosted by the University of South Carolina's Rice School of Law and was organized by partnership between The Church of Jesus Christ of Latter-day Saints, International Center for Law and Religious Studies, J. Reuben Clark Law Society, and Interfaith Partners of South Carolina; and
Amend the bill further, before the enacting words, by striking the eighth paragraph and inserting:
Whereas, in addition to legal scholars and elected officials, presenters at the South Carolina Religious Liberty Conferences have included representatives of The Church of Jesus Christ of Latter-day Saints, the South Carolina Historical Society, the African Methodist Episcopalian (A.M.E.) Church, the Aiken Muslim Association, the Roman Catholic Diocese of Charleston, the Center of Jewish Life-Chabad of Charleston and the Low Country, the Church of God in Christ, the Interfaith Partners of South Carolina, Chabad of South Carolina, Masjid al-Salaam, and Sikh Gurdwaramany various faiths; and
Amend the bill further, before the enacting words, by striking the ninth paragraph and inserting:
Whereas, by acclamation of the participants in the inaugural South Carolina Religious Liberty Conference, it was resolved to promote contemporary support for the principles of religious liberty by petitioning the South Carolina General Assembly to recognize South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of CarolinaSouth Carolina Constitution; and
Amend the bill further, before the enacting words, by striking the twelfth paragraph and inserting:
Whereas, by acclamation of the participants in the Second Annual South Carolina Religious Liberty Conference, it was resolved to expand upon House Resolution 4036 by petitioning the South Carolina General Assembly to recognize and honor South Carolina's unique history in promoting and safeguarding the members of a free society's right to worship when, where, and how their conscience may dictate, as first guaranteed by the Fundamental Constitutions of Carolinaas continuously guaranteed by the state constitution, by enacting in permanent law that the first day of March of each year be designated as "Religious Liberty Day" in South Carolina; and
Renumber sections to conform.
Amend title to conform.
Rep. MCGINNIS 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:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell Montgomery T. Moore Morgan Moss Neese B. 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 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 S. 1038 (Word version). I would have voted in favor of the Bill.
Rep. Wm. Weston Newton
The following Bill was taken up:
S. 765 (Word version) -- Senator Reichenbach: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-83, RELATING TO PAYROLL DEDUCTIONS, SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO DEDUCT DUES FOR THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION FROM THE COMPENSATION OF STATE EMPLOYEES AND RETIREES. Rep. LOWE explained the Bill.
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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin 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 Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery 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 Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 556 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 12-6-3830 SO AS TO PROVIDE FOR A TAX CREDIT FOR RENEWABLE NATURAL GAS.
Rep. HEWITT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 420 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-5-10, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS SO AS TO ALLOW A QUALIFIED RETIREE POST-EMPLOYMENT BENEFIT TRUST MAINTAINED FOR THE BENEFIT OF POLITICAL SUBDIVISION RETIREES TO INVEST IN CERTAIN CORPORATE DEBT ISSUED BY UNITED STATES CORPORATIONS.
The Committee on Ways and Means proposed the following Amendment No. 1 to S. 420 (Word version) (LC-420.DG0004H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 6-5-10(9) and inserting:
(9)(a) A qualified retiree post-employment benefits trust may invest in notes, bonds, debentures, or other debt instruments issued by a United States corporation, provided that the instruments are rated investment grade by no fewer than two nationally recognized credit rating organizations at least two of the following nationally recognized statistical rating organizations: S&P Global Ratings, Moody's Investors Service, and Fitch Ratings. The lowest rating assigned by any of the rating organizations shall control. Further, if an instrument held pursuant to this item is subsequently downgraded below investment grade by any such rating organization, the governing body of the political subdivision shall take prudent action within a reasonable period of time to address such downgrade, consistent with its fiduciary duties.
(b) Assets invested pursuant to this item must be separately accounted for and shall not be commingled with other funds of the political subdivision for purposes of investment authority under this section.
(c) Notwithstanding any other provision of this section, the investment authority provided in this item applies exclusively to assets held in a qualified retiree post-employment benefits trust and shall not apply to any other funds of a political subdivision.
(d) For purposes of this subsectionitem, a qualified retiree post-employment benefits trust means a trust to provide for the employer costs of retiree post-employment benefits for retired employees of political subdivisions of the State.
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
Rep. HERBKERSMAN proposed the following Amendment No. 2 to S. 420 (Word version) (LC-420.HA0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Title 6 of the S.C. Code is amended by adding:
Section 6-39-20. For the purposes of this chapter:
(1) "Assessment" means a non-ad valorem, special assessment against qualifying property levied by a local government pursuant to an assessment agreement.
(2) "Assessment agreement" means a written agreement, in the form prescribed by each local government, between the applicable local government and the record owner setting forth the terms and conditions of the assessment.
(3) "Capital provider" means any of the following:
(a) a private entity that:
(i) has a minimum net worth of five million dollars;
(ii) has either at least three years' experience in commercial lending or an executive officer that has a least three years' experience in commercial lending; and
(iii) has the ability directly or through a servicer to carry out the bookkeeping and customer service necessary to administer the assessment agreements;
(b) a qualified institutional buyer, as defined in Rule 144A (17 C.F.R. 230.144A) of the federal Securities Act of 1933 (15 U.S.C. Section 77a, et seq.), as amended;
(c) an accredited investor, as defined in Section 501(a)(1), (2), (3), and (7) of Regulation D (17 C.F.R. 230. 501(a)(1), (2), (3), and (7)) promulgated under the federal Securities Act of 1933 (15 U.S.C. Section 77a, et seq.), as amended;
(d) a financial institution, as defined in 18 U.S.C Section 20, as amended;
(e) an insurance company licensed under the laws of any state;
(f) a trustee, custodian, or depositary of a trust or a custodial or depositary arrangement, as the case may be, which provides that beneficial ownership of interests in the trust or arrangement shall be restricted to persons described in items (a), (b), (c), (d), (e), and (g); and (g) a special purpose entity with respect to which the beneficial owners of equity interests or equity securities issued by the entity must be restricted to those persons described in items (a), (b), (c), (d), (e), and (f).
(4) "C-PACE" means Commercial Property Assessed Clean Energy.
(5) "C-PACE program" or "program" means a program of a local government established under this chapter to provide financing for qualified improvements within a PACE area.
(6) "Electrical vehicle charging infrastructure" means any fixture, product, system, equipment, device, material, or interacting group intended for the installation or upgrade of electrical wiring, outlets, or charging stations to charge a motor vehicle that is fully or partially powered by electricity including, but not limited to, electrical wiring, outlets, or charging stations.
(7) "Energy efficiency measure" means any fixture, equipment, device, product, system, material, or interacting group intended to decrease energy consumption or utility costs or enable a more efficient use of electricity, natural gas, propane, or other forms of energy on real property including, but not limited to, all of the following: upgrades to a building envelope, such as insulation and glazing; energy efficient windows and doors; improvements in heating, ventilation, and cooling systems; automated energy and water control systems; improved lighting, including daylighting; energy recovery systems; combined heat and power systems; and any other fixture, equipment, device, product, system, or material intended as a utility or other cost-saving measure as described in a nationally recognized industry standard or federal or state agency guidelines.
(8) "Financing" or "finance" means investing capital in newly qualified improvements or the refinancing of an investment in an existing qualified improvement.
(9) "Financing agreement" means the written agreement between a capital provider and a record owner setting forth the terms and conditions pursuant to which the capital provider will provide the financing, the record owner will repay the financing, the rights and remedies of the capital provider, and other terms and conditions as the parties may agree.
(10) "Governing body" means, for a county, as appropriate, the county council or councils for the county, for a municipality, as appropriate, the governing body, and for any other political subdivision of this State the person or persons with similar authority. (11) "Independent administrator" means a private entity that has been engaged in the business of managing, administering, and servicing PACE programs or commercial mortgage lending programs for at least three years, that neither it nor its affiliates is engaged in providing capital to finance PACE assets in any state, and that has no interlocking ownership or management with a person providing capital to finance PACE assets in any state.
(12) "Notice of Assessment and C-PACE lien" means a written notice, in the form prescribed by a local government, for recording in connection with each assessment:
(a) making reference to this chapter;
(b) setting forth:
(i) the name of the record owner of the qualifying property;
(ii) the address of the qualifying property;
(iii) the parcel identification number;
(iv) the amount of the assessment;
(v) the date of the assessment;
(vi) the date or circumstance under which the assessment expires;
(vii) the type or types of qualifying improvements; and
(c) having as an attachment a copy of the assessment agreement.
(13) "Notice of Assignment of Assessment and C-PACE lien" means a written notice, in the form prescribed by a local government, for recording in connection with the assignment of an assessment agreement by the local government to the applicable capital provider, and each subsequent assignment.
(14) "PACE area" means an area within the jurisdictional boundaries of a local government created by an ordinance or resolution of the local government to provide financing for qualifying improvements under a program. A PACE area may be all or a portion of the entire jurisdiction of the local government. If a local government is a county, the PACE area may include the entirety of the county's boundaries, inclusive of incorporated and unincorporated jurisdictions, to the extent permitted by law. A local government may designate less than the entire portion of the jurisdiction, may create more than one PACE area under the program, and PACE areas may be separate, overlapping, or coterminous.
(15) "Permitted assignee" means either any capital provider or any person in addition to any capital provider that is designated as a permitted assignee in the ordinance adopted pursuant to Section 6-39-40 or in the applicable assessment agreement or the applicable notice of assignment of assessment and C-PACE lien.
(16) "Program administration agreement" means a written agreement between a local government and a program administrator described in item (17)(b), (c), and (d). (17) "Program administrator" means:
(a) the department or official or officials within a local government designated to administer a C-PACE program;
(b) a regional council of governments established pursuant to Article 3, Chapter 7, Title 6;
(c) an independent administrator; or
(d) a capital provider described in item (3)(a)-(e).
(18) "Program guidebook" means a document prepared by a program administrator pursuant to Section 6-39-60(c).
(19) "Qualified improvement" means the acquisition, installation, modification, or construction of a water efficiency measure, energy efficiency measure, renewable energy resource, renewable energy facility, resiliency measure, or electrical vehicle charging infrastructure affixed to real property, including new construction.
(20) "Qualifying property" means a privately-owned commercial, industrial, and agricultural property, a multifamily property with five or more dwellings, and a property owned by a nonprofit or tax-exempt entity other than a residential property with one to four dwellings. Each dwelling within a multifamily property with five or more dwellings shall be considered a "nonresidential" customer to ensure these commercial properties adhere to the capacity restrictions of Section 58-40-10(C).
(21) "Record owner" means:
(a) the owner of record of a qualifying property other than the state or a local government; and
(b) the lessee under a ground lease on a qualifying property whose owner of record, including the state or any local government in addition to private entities, consents in writing to an assessment being levied on the leasehold.
(22) "Renewable energy resource" means a source of energy that includes, but is not limited to, solar photovoltaic and solar thermal resources, wind resources, low impact hydroelectric resources, geothermal resources, tidal and wave energy resources, recycling resources, hydrogen fuel derived from renewable resources, combined heat and power derived from renewable resources, and biomass resources.
(23) "Renewable energy facility" means a facility that generates electric power by the use of a renewable energy resource.
(24) "Renewable energy improvement" means any fixture, product, system, equipment, device, material, or interacting group on the property of the record owner that uses one or more renewable energy resources to generate electricity. (25) "Resiliency measure" means any fixture, equipment, device, product, system, material, or interacting group intended to increase property resiliency or improve the durability of infrastructure including, but not limited to, storm retrofits, flood mitigation, storm water management, wind resistance, seismic hardening, energy storage, microgrids, fire suppression, backup power generation, and other resilience projects approved by the governing body.
(26) "Water efficiency measure" means any resiliency measure, fixture, equipment, device, product, system, materials, or interacting group intended to improve water management practices, decrease water consumption, loss, or waste, or improve water quality including, but not limited to, water recycling, capturing, reusing, managing, and treating stormwater, bioretention, trees, green roofs, porous pavements, or cisterns for maintaining or restoring natural hydrology, replacing or otherwise abating or mitigating the use of lead pipes in the supply of water, and any other resiliency improvement, fixture, product, system, equipment, device, or material intended as a utility or other cost-saving measure as approved by the governing body.
Section 6-39-30. (A) Pursuant to the procedures set forth in Section 6-39-40, a local government may establish a C-PACE program.
(B) Under a C-PACE program, the local government may enter into an assessment agreement with the record owner of a qualifying property within a PACE area to finance all or a portion of one or more qualified improvements on the qualifying property. The assessment agreement must provide for the repayment of financing through an assessment levied upon the qualifying property by the local government.
(C) The amount of the financing may include any and all of the following: the cost of materials and labor necessary for acquisition, construction, installation, or modification of the qualified improvements, permit fees, inspection fees, application and administrative fees, financing fees, reserves, capitalized interest, costs of billing the assessment, and all other fees, costs, and expenses that may be incurred by or on behalf of the record owner in connection with the acquisition, construction, installation, or modification of the qualified improvements, and the costs of financing, on a specific or pro rata basis, as determined by the program administrator.
(D) A local government must sell or assign, for consideration, any and all assessment agreements to permitted assignees. A local government may sell or assign assessment agreements without competitive bidding or the solicitation of requests for proposals or requests for qualifications. (E) A permitted assignee of an assessment agreement shall have and possess the delegable powers and rights at law or in equity as the applicable local government would have if the assessment agreement had not been assigned with regard to:
(1) the precedence and priority of liens evidenced by the assessment agreement;
(2) the accrual of interest; and
(3) the fees and expenses of billing, collection, and enforcement.
The permitted assignee has the right to seek enforcement of an assigned assessment agreement and assessment lien pursuant to Section 39-6-80.
(F) Costs and reasonable attorney's fees incurred by the permitted assignee as a result of any foreclosure action or other legal proceeding brought pursuant to this chapter and directly related to the proceeding may be assessed in any proceeding against the record owner subject to the proceedings.
(G) A program must be administered by one or more program administrators, as determined by the governing body and set forth in the ordinance establishing the program. A local government may select one or more independent administrators or capital providers to be a program administrator without competitive bidding or the solicitation of requests for proposals or requests for qualifications.
(H) A local government may establish more than one C-PACE program.
Section 6-39-40. (A) To establish a C-PACE program, the governing body must adopt an ordinance that includes all of the following:
(1) a finding that the financing of qualified improvements is a valid public purpose;
(2) a statement that the local government intends to authorize direct financing between record owners and capital providers as the means to finance qualified improvements, which will be repaid by assessments on the qualifying properties benefited by the qualified improvements pursuant to assessment agreements between the local government and the record owners and financing agreement between capital providers and the respective record owners;
(3) a statement of intent to facilitate access to capital from capital providers to provide funds for financing qualified improvements;
(4) a statement as to whether the program will be administered by: (a) a department or an official or officials within the local government;
(b) a regional council of governments established pursuant to Article 3, Chapter 7, Title 6;
(c) one or more independent administrators;
(d) one or more capital providers described in Section 6-39-20(3)(a)-(d); or
(e) some combination of the foregoing;
(5) if applicable, a form of program administration agreement between the local government and each program administrator described in Section 6-39-20(16)(c) and (d);
(6) a statement that all qualified improvements permitted by this chapter may be financed, unless otherwise provided in the ordinance;
(7) a statement that the period of the assessment must not exceed the lesser of thirty years and the duration of the estimated useful life of the qualified improvements that are the basis for the assessment. The duration of the estimated useful life of the qualified improvements must be calculated in accordance with the principles established by the applicable program administrator in its program guidebook and set forth in the written statement required by Section 6-39-50(C)(8);
(8) a description of the territory within the PACE area or PACE areas;
(9) a form of assessment agreement between the local government and the record owner;
(10) a form of assignment agreement between the local government and the capital provider;
(11) a form of notice of assessment and C-PACE lien;
(12) a form of notice of assignment of assessment and C-PACE lien;
(13) a requirement that each program administrator adopts and publishes a program guidebook complying with the requirements of Section 6-39-60;
(14) a requirement that if the qualifying property is subject to one or more mortgages, then each mortgagee must consent to the qualifying property participating in the program prior to the execution and delivery of the assessment agreement; and
(15) the identification of one or more officials authorized to enter into assessment agreements, assignment agreements, and program administration agreements, to execute notices of assessment and notices of assignment of assessment and C-PACE lien and other documents, instruments, and certificates on behalf of the local government as shall be necessary or appropriate to implement the ordinance; (B) A program may be amended in accordance with the ordinance establishing the program. Without limiting the generality of the foregoing, the following may be accomplished by resolution without amending the ordinance: the addition or replacement of one or more program administrators; the types of qualified improvements; the addition of a PACE area; or a modification of the territory of an existing PACE area.
(C) A combination of local governments may provide for the joint administration of their programs by each governing body of the local governments:
(1) including in or amending the ordinance establishing its program that its program will be administered in whole or in part jointly with other local governments; and
(2) entering into a joint program administration agreement with other local governments and a program administrator described in Section 6-39-20(16).
Section 6-39-50. (A) A record owner of qualifying property within the PACE area may apply to the program administrator for the PACE area to finance a qualified improvement under the applicable local government's program, provided that the aggregate amount to be financed is not less than one hundred thousand dollars.
(B) A local government may levy an assessment under a program only pursuant to the terms of an assessment agreement with the record owner of the qualifying property to be assessed.
(C) Before the local government enters into an assessment agreement with a record owner under a program, the applicable program administrator must verify that the qualifying property is entirely within a PACE area and receive evidence of all of the following:
(1) that there are no delinquent taxes, assessments, or water or sewer charges on the qualifying property;
(2) that there are no delinquent assessments on the qualifying property under any C-PACE program;
(3) that there are no involuntary liens on the qualifying property including, but not limited to, construction or mechanics liens, lis pendens, or judgments against the record owner, except for those being contested by the record owner and for which the related amount or amounts are being held in escrow or secured by a surety bond or similar instrument, or environmental proceedings, or eminent domain proceedings against the qualifying property; (4) that no notices of default or other evidence of property-based debt delinquency have been recorded against the qualifying property that have not been cured;
(5) that the record owner is current on all mortgage debt on the property;
(6) that the record owner is not a debtor in a current bankruptcy proceeding or that the qualifying property is not an asset in a current bankruptcy proceeding;
(7) that all work requiring a license under any applicable law to acquire, construct, install, or modify a qualified improvement contemplated by the assessment agreement must be performed by a licensed contractor;
(8) that a licensed engineer has provided a written statement, upon which the local government, the program administrator, and the capital provider can rely, that the proposed qualified improvements are authorized under this chapter, the ordinance pursuant to which the program was established, and the applicable program guidebook and setting forth the duration of the estimated useful life of the proposed qualifying improvements as calculated in accordance with guidelines established by the program administrator in its program guidebook;
(9) if the qualifying property is encumbered by one or more mortgages, that the record owner provided to the holders or servicers of any mortgages a notice of the record owner's intent to enter into an assessment agreement with the local government, specifying the types of qualified improvements, the maximum principal amount to be financed, the maximum term of the assessment and an estimated maximum annual payment necessary to repay that amount, and that the record owner must obtain the written consent of the mortgage holder or servicer (whichever is required by the mortgage document as then in effect) for the record owner to enter into the assessment agreement in accordance with the requirements set forth in Section 6-39-70(C); and
(10) if the qualified improvement has already been completed, then it must have been completed no more than three years prior to the date the record owner applied to the program administrator for financing.
(D) If the capital provider providing the financing for an assessment has signed a certification that the requirements of Section 6-39-50(C) have been satisfied, then the certificate is conclusive evidence as to the program administrator's compliance with the section. If the capital provider is not the program administrator, it must deliver the certification to the program administrator. If the capital provider is the program administrator, it must deliver or retain the certification as set forth in the applicable program administration agreement. (E) The imposition of any assessment pursuant to this chapter is exempt from any other statutory procedures or requirements that condition the imposition of assessments or taxes against property, except as specifically set forth in this chapter.
Section 6-39-60. (A) In the event the local government desires to have its C-PACE program administered by one or more program administrators as described in Section 6-39-20(17)(b)-(d), the local government must enter into a program administration agreement with each program administrator.
(B) In the event the local government engages a capital provider to be a program administrator, then the local government must permit any other capital provider upon application to be a program administrator on the same terms and conditions.
(C) Each program administrator must prepare and publish and keep current a program guidebook.
(D) A program guidebook must contain a description of the program administrator's administration of the applicable program and establish appropriate guidelines, specifications, underwriting, and approval criteria and that includes copies of the standard forms required by the ordinance establishing the program, a standard form of application for financing, and any other standard forms consistent with the administration of the program.
(E) Each program administrator other than a program administrator that is a capital provider must permit any entity that has demonstrated that it meets the definition of capital provider to the program administrator to provide financing to a record owner whose application to the program administrator is approved.
(F) A program administrator is authorized to impose a fee for administering a program. The fee may be assessed as part of the program application, to be paid by the property owner requesting to participate in the program. The fee of an approved application must be based on a percentage of the total amount financed and may not exceed the lesser of one percent of that amount or fifty thousand dollars.
Section 6-39-70. (A) An assessment levied pursuant to Section 6-39-50, including any interest, fees, penalties, and indemnification or reimbursement obligations payable under the applicable assessment agreement, constitutes a lien against the entire qualifying property to which it applies, not only the improvements funded by the assessment. (B) Assessment must be paid in accordance with the terms of the related assessment agreement and financing agreement, provided that in the event of a conflict between the assessment agreement and the financing agreement, the assessment agreement controls. Assessments may be prepaid by the record owner, subject to any prepayment premiums and any other related costs.
(C) The lien of the assessment runs with the qualifying property until the assessment is paid in full. Upon payment in full, a satisfaction and release of the assessment and C-PACE lien must be filed by the local government. Without limiting the generality of the foregoing, the lien of the assessment will not accelerate or become extinguished in the event of a delinquency in the payment of an assessment or any other default under the assessment agreement or financing agreement, or the foreclosure of the qualifying property, or the bankruptcy or insolvency of the record owner.
(D) The lien of the assessment has the same priority status as a lien for any other ad valorem tax or assessment on par with the tax under Title 12.
(E) A notice of assessment and C-PACE lien must be filed in the office of the register of deeds of the county where the qualifying property is located.
(1) A copy of the assessment agreement and each mortgagee consent must be filed with, and as an attachment to, the notice of assessment and C-PACE lien in the office of the register of deeds of the county where the qualifying property is located.
(2) The mortgagee form of consent must include, but is not limited to, the following:
(a) the names and addresses of the record owner;
(b) the name and principal addresses of the mortgagees and servicer, if applicable;
(c) a description of the qualifying property;
(d) the types of the qualified improvements;
(e) the maximum amount to be financed;
(f) the maximum term of the assessment;
(g) the request for a mortgagee's, or servicer's, if applicable, consent by the record owner;
(h) an acknowledgement that:
(i) the existing mortgage or mortgages for which the consent was received will be subordinate to the assessment agreement and the lien created thereby; and
(ii) the local government can enforce collection of the assessments against the qualifying property if the assessments are not paid. (F) A notice of assignment of assessment and C-PACE lien must be filed in the office of the register of deeds of the county where the qualifying property is located.
(G) To the extent that an assessment is not paid when due, the delinquency is enforceable by the county or local government pursuant to Section 6-39-80.
(H) In the event that a payment on the C-PACE lien is delinquent for a period exceeding thirty days from the due date of the payment, the local government or permitted assignee or its designated agent must send written notice of the default to each mortgagee of record.
(I) The C-PACE lien must be disclosed by the record owner to any prospective purchaser of the qualifying property prior to entering into an agreement to sell the qualifying property.
(J) A local government may delegate to a program administrator or a capital provider the obligation to file a notice of assessment and C-PACE lien, a notice of assignment of assessment and C-PACE lien and a satisfaction and release of an assessment and C-PACE lien.
Section 6-39-80. (A) Assessments created under this chapter must be billed and collected as follows:
(1) a county which has established a program may include assessments in the regular property tax bills of the county. A municipality or any other political subdivision may request that the treasurer of the county in which a PACE area is located to bill and collect assessments with the regular property tax bills of the county. No municipality or other political subdivision shall be obligated to request that the county treasurer bill and collect assessments. If the county treasurer bills and collects assessments with the regular property tax bills of the county for a particular program, then the program administrator for the program must timely file with the county treasurer a report with the annual amount due for each property, and the annual amount due becomes due in installments at the times property taxes shall become due in accordance with each regular property tax bill payable during the year in which the assessment comes due; or (2) if the county treasurer does not bill and collect assessments with the regular property tax bills of the county, the local government in which the PACE area is located must either directly bill and collect the assessments or designate the local government's program administrator or program administrators or another third party to bill and collect assessments. If the local government is directly billing and collecting the assessments, the annual amount due becomes due in installments on or about the times property taxes would otherwise become due in accordance with each regular property tax bill payable during the year in which the assessment comes due. If the local government's program administrator or program administrators or another third party is billing and collecting assessments, the annual amount due must be due in installments as required by the related assessment agreement.
(B) If a local government, a program administrator, or another third party is billing and collecting assessments pursuant to subsection (A)(2), and the applicable assessment becomes delinquent during any year, then the local government, program administrator, or other third party must, on or before the date in the year required by the county in which the PACE area is located, make a report in writing to the tax collector responsible for the collection of delinquent property taxes in the county. This report must be certified by the local government, program administrator, or other third party and must include statements that:
(1) the report contains a true and correct list of delinquent assessments that the reporting person has not received as required by the applicable bill; and
(2) an itemization of the amount of each delinquent assessment, including interest and penalties, if applicable. The report of the reporting person, when so made, shall be prima facie evidence that all requirements of the law in relation to making the report have been satisfied and that the assessments or the matured installments, and the interest, and the interest accrued on installments not yet matured, mentioned in the report, are due and unpaid. Upon proper filing of the report, at the direction of the local government or its permitted assignee, the county delinquent tax collector shall be required to enforce the collection of the assessments in the manner provided by law for taxes and non ad valorem assessments on par with taxes as a ministerial, nondiscretionary duty of the office.
(C) Proceeds from any enforcement or foreclosure action shall be remitted to the permitted assignee identified in the notice of assignment of assessment and C-PACE lien related to the assessment; provided, that if there are more property taxes than the C-PACE assessment then delinquent, all the proceeds must be applied pro rata to the delinquent taxes. (D) Costs and reasonable attorney's fees incurred by the county, the local government, a program administrator, or capital provider, as applicable, either as a result of any enforcement action, or other legal proceeding brought pursuant to this section or Title 12 and directly related to the proceeding, shall be levied against each person having title to any property subject to the proceedings in addition to any other amounts due and outstanding. The costs and fees may be collected by the assignee at any time after demand for payment has been made by the assignee.
(E) If the county or local government fails to perform its obligation under this section or to otherwise enforce the assessment and remit the proceeds, then the permitted assignee has the right:
(1) by mandamus or other suit or proceeding at law or in equity to enforce its rights against the county or the local government and any of their respective members, officers, and employees, and to compel the county or local government or any the members, officers, or employees to perform and carry out their duties under this chapter and Title 12;
(2) by suit in equity to enjoin any actions that are in violation of this chapter or Title 12; or
(3) to exercise every power and remedy available to it under this chapter or other applicable law.
(F) The local government, its officers, and employees, are not liable for monetary damages at law or equity for actions taken pursuant to this section.
Section 6-39-90. (A) Qualified improvements must be financed with funds provided directly by a capital provider pursuant to a financing agreement. Neither the State nor the local government shall prescribe the form of financing agreement; provided, however, that the applicable local government must be a third-party beneficiary.
(B) Neither the State nor a local government will use public funds to fund or repay financing between a capital provider and property owner.
(C) This chapter does not authorize the pledge or the offering, or otherwise encumber, the full faith and credit of the State or any local government, and no governing body may pledge, offer, or encumber the full faith and credit of the local government for a lien amount through a C-PACE program.
(D) No provision in this law causes the State or the local government to be liable for any assessment.
Section 6-39-100. Qualified improvements must meet all applicable safety, performance, interconnection, and reliability standards established by the Public Service Commission of South Carolina, the National Electrical Code as adopted and modified by the South Carolina Building Codes Council, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the Federal Energy Regulatory Commission, and any other governing authorities with jurisdiction prior to qualifying for financing. Section 6-39-110. (A) The provisions of this chapter may not be used to implement qualified improvements that result in the replacement of natural gas appliances or equipment with electric appliances or equipment or that result in the replacement of electric appliances or equipment with natural gas appliances or equipment unless the customer who seeks to install the energy efficiency or conservation measure is being provided electric and natural gas service by the same provider.
(B) Nothing in this section may allow the resale of electricity.
Section 6-39-120. Nothing contained in this chapter shall be construed to conflict with Article 23, Chapter 27, Title 58 or Chapters 37, 39, and 40, Title 58.
Renumber sections to conform.
Amend title to conform.
Rep. HERBKERSMAN explained the amendment.
Rep. COBB-HUNTER raised the Rule 9.3 Point of Order that Amendment No. 2 was not germane to S.420.
SPEAKER PRO TEMPORE POPE sustained the Point of Order
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 Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Brittain Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Grant Guest Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery 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 Wetmore Whitmire Wickensimer Williams Willis Yow
Those who voted in the negative are:
Bradley Guffey Magnuson
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 S. 420 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Phillip Bowers
On bill S. 845 (Word version), I support the bill but abstained from the vote due to serving on the committee.
The following Bill was taken up: S. 922 (Word version) -- Senators Massey, Alexander, Hutto, Campsen, Leber and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-210, RELATING TO FILLING VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO PROVIDE FOR WHEN THE GOVERNOR MAY MAKE AN INTERIM APPOINTMENT; BY AMENDING SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE ELECTION COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT CABINET MEMBERS WILL SERVE COTERMINOUS WITH THE GOVERNOR THAT APPOINTS THEM; BY AMENDING SECTION 1-13-40, RELATING TO THE COMMISSION ON HUMAN AFFAIRS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-15-10, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-31-10, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 6-19-30, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-1-370, RELATING TO THE ADVISORY COMMITTEE OF THE DIVISION OF STATE DEVELOPMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-19-10, RELATING TO THE MIDLANDS AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-21-10, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 38-89-160, RELATING TO THE DAY CARE JOINT UNDERWRITING ASSOCIATION BOARD OF DIRECTORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-7-10, RELATING TO THE BOARD OF BARBER EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-13-10, RELATING TO THE BOARD OF COSMETOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-20-40, RELATING TO THE PANEL FOR DIETETICS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-30-40, RELATING TO THE BOARD OF MASSAGE THERAPY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-35-10, RELATING TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-47-11, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-51-30, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-57-40, RELATING TO THE REAL ESTATE COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-59-10, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-60-10, RELATING TO THE REAL ESTATE APPRAISERS BOARD, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-63-10, RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-67-10, RELATING TO THE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-69-10, RELATING TO THE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 43-31-40, RELATING TO THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-43-1320, RELATING TO DONATE LIFE SOUTH CAROLINA, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-53-830, RELATING TO THE DARE FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-41-260, RELATING TO THE AGRICULTURAL COMMODITIES ADVISORY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-50-40, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 48-23-10, RELATING TO THE COMMISSION OF FORESTRY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 50-5-2700, RELATING TO THE ATLANTIC STATES MARINE FISHERIES COMPACT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 51-13-1720, RELATING TO THE OLD JACKSONBOROUGH HISTORIC DISTRICT BOARD OF REGENTS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 54-17-30, RELATING TO THE MARITIME SECURITY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-11-40, RELATING TO THE COMMISSION OF ARCHIVES AND HISTORY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-15-20, RELATING TO THE ARTS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; AND BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: S. 235 (Word version) -- Senators Kimbrell, Leber and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT PROSTITUTION BY A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-100, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT CERTAIN ACTIONS RELATED TO A PERSON WHO SOLICITS CUSTOMERS FOR A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-110, RELATING TO VIOLATIONS FOR PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT A PERSON FROM SOLICITING A PROTITUTED PERSON.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 399 (Word version) -- Senators Elliott, Hembree, Reichenbach and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-11-635 SO AS TO PROVIDE THAT A PERSON WHO, WITHOUT LEGAL CAUSE OR GOOD EXCUSE, ENTERS A TRANSPORTATION FACILITY, INCLUDING ANY PUBLIC TRANSPORTATION AND ANY PUBLIC TRANSPORTATION SYSTEM, AFTER HAVING BEEN WARNED NOT TO DO SO BY THE TRANSIT DIRECTOR OR HIS DESIGNEE, IS GUILTY OF A MISDEMEANOR TRIABLE IN A MUNICIPAL OR MAGISTRATES COURT, TO PROVIDE PROCEDURES FOR A WRITTEN WARNING AND FOR APPEALING THE WARNING, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MUST BE CONSTRUED AS IN ADDITION TO, AND NOT AS SUPERSEDING, ANOTHER STATUTE RELATING TO TRESPASS OR UNLAWFUL ENTRY ON LANDS OF ANOTHER.
Rep. J. E. JOHNSON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bamberg Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The following Bill was taken up:
S. 428 (Word version) -- Senators Allen, Hembree and Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43 SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES.
Rep. J. E. JOHNSON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Crawford Long McCabe G. M. Smith
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 845 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-1930, RELATING TO THE ESTABLISHMENT OF THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT; BY AMENDING SECTION 63-11-1930, SO AS TO INCLUDE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, THE STATE CHILD ADVOCATE, A COUNTY CORONER OR MEDICAL EXAMINER, AND A SOLICITOR AS MEMBERS WHO WILL SERVE EX OFFICIO AND MAY APPOINT A DESIGNEE; AND BY AMENDING SECTION 63-11-1930, SO AS TO PROVIDE THAT THE MAJORITY OF THE COMMITTEE MUST BE APPOINTED AND DULY QUALIFIED.
Rep. GUEST explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin 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 Jones Jordan Kilmartin King Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder 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 second time and ordered to third reading.
The following Bill was taken up:
S. 996 (Word version) -- Senators Young, Sutton, Reichenbach, Devine, Zell, Elliott and Tedder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-13-190, RELATING TO FINGERPRINT-BASED BACKGROUND CHECKS OF DEPARTMENT OF SOCIAL SERVICES PERSONNEL, SO AS TO REMOVE THE PROVISION THAT A PERSON WHO HAS DIRECT UNSUPERVISED CONTACT WITH A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES SHALL UNDERGO A STATE FINGERPRINT-BASED BACKGROUND CHECK.
The Committee on Judiciary proposed the following Amendment
No. 1 to S. 996 (Word version) (LC-996.VR0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 63-13-190(A)(2) and inserting:
(2) A volunteer or an employee of a contractor or subcontractor who contracts with the Department of Social Services for the delivery of protective services, family preservation services, foster care services, family reunification services, adoption services, and or other related services or programs or a person child welfare services and who has direct unsupervised contact with a child in the custody of the Department of Social Services shall undergo a state fingerprint-based background check to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be employed by a contractor or a subcontractor, act in a volunteer capacity, or have access to a child in the custody of the department if the person has been convicted of or pled guilty or nolo contendere to any crime listed in Section 63-13-40(A).
Renumber sections to conform.
Amend title to conform.
Rep. GUEST 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:
Alexander Anderson Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery 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 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.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Reps. TERRIBILE, BEACH, WHITE, CROMER, GILREATH, HARRIS, MORGAN and CHUMLEY withdrew their requests for debate on the following Bill: S. 853 (Word version) -- Senators Davis, Hutto, Sutton, Graham, Turner, Stubbs, Matthews, Zell, Campsen, Kimbrell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-67-120, RELATING TO THE ABANDONED BUILDINGS REVITALIZATION ACT DEFINITIONS, SO AS TO CLARIFY THAT THE EXISTENCE OF AN INCOME-PRODUCING USE PRIOR TO THE PERIOD OF ABANDONMENT IS NOT A REQUIREMENT FOR ELIGIBILITY; BY AMENDING SECTION 12-67-130, RELATING TO APPLICABILITY, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-67-140, RELATING TO ELIGIBILITY FOR THE CREDIT, SO AS TO CLARIFY CERTAIN TIMING CONSIDERATIONS RELATED TO THE FILING OF A NOTICE OF INTENT TO REHABILITATE AN ABANDONED BUILDING AND TO CLARIFY THAT ABANDONED BUILDING TAX CREDITS MAY NOT SERVE AS COLLATERAL FOR ANY DEBT; AND BY AMENDING SECTION 12-67-160, RELATING TO THE CERTIFICATION OF ABANDONED BUILDING SITES, SO AS TO REMOVE A REQUIREMENT FOR CERTAIN CERTIFICATIONS OF STATE-OWNED ABANDONED BUILDING SITES.
Reps. CROMER, EDGERTON, WHITE, HARRIS, BEACH and GILREATH withdrew their requests for debate on the following Bill:
S. 866 (Word version) -- Senators Elliott and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "MUNICIPAL TAX RELIEF ACT" BY ADDING CHAPTER 41 TO TITLE 5 SO AS TO AUTHORIZE CERTAIN MUNICIPALITIES TO IMPOSE UP TO A ONE PERCENT SALES TAX TO PROVIDE PROPERTY TAX RELIEF TO OWNER-OCCUPIED HOMES AND TO FINANCE CERTAIN PROJECTS, TO SPECIFY THE MANNER IN WHICH THE TAX MUST BE IMPOSED AND ADMINISTERED AND THE MANNER IN WHICH THE PROPERTY TAX CREDIT IS CALCULATED.
Reps. EDGERTON, MAGNUSON, FRANK, MORGAN, WHITE and HARRIS withdrew their requests for debate on the following Bill: S. 858 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN'S BOARD, SO AS TO CHANGE THE STANDARDS FOR SERVING ON THE BOARD AND THE PROCEDURE FOR TERMS OF OFFICE; TO AUTHORIZE THE DEPARTMENT OF CHILDREN'S ADVOCACY TO ESTABLISH CERTAIN STANDARDS FOR LOCAL REVIEW BOARDS; BY AMENDING SECTION 63-11-710, RELATING TO LOCAL BOARDS FOR REVIEW, SO AS TO GIVE THE DIRECTOR AUTHORIZATION TO APPOINT OR REMOVE A MEMBER OF A LOCAL BOARD; BY AMENDING SECTION 63-11-740, RELATING TO MEETINGS OF LOCAL BOARDS AND STAFFING, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE ASSISTANCE TO EACH LOCAL BOARD FOR MEETINGS; BY AMENDING SECTION 63-11-760, RELATING TO IMMUNITY FROM LIABILITY, SO AS TO CLARIFY THAT TRAINING WILL BE PROVIDED BY THE DEPARTMENT; AND BY AMENDING SECTION 63-11-770, RELATING TO COOPERATION OF PUBLIC AND PRIVATE AGENCIES, SO AS TO INCLUDE ALL PUBLIC AGENCIES PROVIDING SERVICES TO CHILDREN IN FOSTER CARE.
Reps. WILLIAMS withdrew their requests for debate on S. 416 (Word version); however, other requests for debate remained on the Bill.
Reps. GOVAN, DILLARD, JONES, ANDERSON, RIVERS, WATERS and GILLIARD withdrew their requests for debate on the following Bill:
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. SPANN-WILDER asked unanimous consent to recall H. 3202 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. M. M. SMITH objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3195 (Word version) -- Reps. Haddon, Pope, Pedalino, Chumley, Taylor, Erickson, Bradley, Hixon, Ligon, Weeks, Oremus, Hartz, Williams, Luck, Gilliard, Rivers and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO STANDARDS FOR PHYSICAL ACTIVITY AND PHYSICAL EDUCATION IN KINDERGARTEN THROUGH EIGHTH GRADE, SO AS TO REQUIRE CERTAIN MANDATORY MINIMUM PERIODS FOR PHYSICAL EDUCATION AND OUTDOOR RECESS IN FOUR-YEAR-OLD KINDERGARTEN THROUGH EIGHTH GRADE EACH YEAR IN ADDITION TO OTHER CURRICULUM REQUIREMENTS, AND TO PROVIDE RECESS PERIODS MUST BE HELD INDOORS DURING TIMES OF INCLEMENT WEATHER; BY AMENDING SECTION 59-10-30, RELATING TO PHYSICAL EDUCATION ACTIVITY DIRECTORS AND VOLUNTEERS, SO AS TO MAKE CONFORMING CHANGES; AND TO REDESIGNATE ARTICLE 1 OF CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY."
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 5506 (Word version) -- Reps. Jordan, Williams, Atkinson, Kirby and Lowe: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 55-11-620, RELATING TO THE CREATION OF THE PEE DEE REGIONAL AIRPORT AUTHORITY, ITS MEMBERS, THEIR TERMS, AUTHORITY, VACANCIES, AND COMPENSATION, SO AS TO PROVIDE THE MEMBERS OF THE PEE DEE REGIONAL AIRPORT AUTHORITY SHALL BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATIONS OF THEIR RESPECTIVE COUNTY LEGISLATIVE DELEGATIONS.
Rep. LOWE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Ford Forrest Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery Morgan Moss 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 Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
I was temporarily out of the Chamber on constituent business during the vote on H. 5506 (Word version). If I had been present, I would have voted to concur in the Senate Amendments.
Rep. William Clyburn
The Senate Amendments to the following Bill were taken up for consideration:
H. 4188 (Word version) -- Reps. Pope, B. Newton, M. M. Smith, Cox, Brewer, Ford, Davis, Robbins, Yow and C. Mitchell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-5-590, RELATING TO DISPOSITION OF REMAINS OF UNIDENTIFIED DEAD BODIES BY CORONERS, SO AS TO INCLUDE UNCLAIMED REMAINS IN THE PURVIEW OF THE STATUTE, AND TO AUTHORIZE CORONERS TO RELEASE REMAINS TO FAMILY MEMBERS, RATHER THAN THE NEXT OF KIN, WHEN THE NEXT OF KIN IS CHARGED IN CONNECTION WITH THE DEATH OR OTHERWISE UNCOOPERATIVE IN CLAIMING REMAINS. Rep. BUSTOS 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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery 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 Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3874 (Word version) -- Reps. J. E. Johnson and Schuessler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 42-15-90, RELATING TO FEES OF ATTORNEYS AND PHYSICIANS AND HOSPITAL CHARGES APPROVED BY THE COMMISSION, SO AS TO ALLOW THE COMMISSION TO ESTABLISH MEDICAL FEE SCHEDULES AND RELATED SYSTEMS.
Rep. GAGNON 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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4270 (Word version) -- Reps. Schuessler, B. J. Cox, McGinnis, Yow, Jones, Vaughan, Kirby, Dillard, Wetmore, Bauer, Collins, Wickensimer, Brewer, Gilliard, Bernstein, Bannister, Willis, J. L. Johnson, Guest, King, Chapman, Herbkersman, Bradley, Brittain, Burns, Martin, Calhoon, Lowe, C. Mitchell, Oremus, Atkinson, Sessions, Haddon, Waters, Rivers, Scott and Govan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 60-2-60 SO AS TO PROVIDE FOR THE REMOVAL OF CERTAIN PUBLIC RECORDS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5179 (Word version) -- Reps. Erickson, McGinnis, Garvin, Grant, Yow, C. Mitchell, Wooten and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-440 SO AS TO CREATE THE SCHOOL MAPPING DATA PROGRAM WITHIN THE STATE LAW ENFORCEMENT DIVISION FOR THE PURPOSE OF FACILITATING EFFICIENT EMERGENCY RESPONSES IN PUBLIC INSTITUTIONS OF HIGHER LEARNING BY PUBLIC SAFETY AGENCIES, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ITS IMPLEMENTATION BY THE DIVISION, AND TO PROVIDE RELATED REQUIREMENTS OF INSTITUTIONS OF HIGHER LEARNING AND LAW ENFORCEMENT AGENCIES.
Rep. FRANK proposed the following Amendment No. 1A to H. 5179 (Word version) (LC-5179.DG0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. Chapter 66, Title 59 of the S.C. Code is amended by adding:
Section 59-66-310. For the purposes of this article:
(1) "Board" means a local government school board or the board of trustees of a government institution of higher learning, and does not include the governing board of a private or parochial school.
(2) "Firearm safe" means a secure and protective storage container for firearms and firearm ammunition and to which access is restricted by use of combination lock, digital lock, or fingerprint identification. A firearm safe must be certified by Underwriters Laboratories or its successor organization.
(3) "Frangible bullet" means a bullet designed to disintegrate into tiny particles upon impact to minimize their penetration for reasons of range safety to limit environmental impact, or to limit the danger around the intended target.
(4) "Government school employee" means a person employed by a school district, as defined in Section 59-1-160, or a government institution of higher learning, as defined in Section 59-103-5.
(5) "School" means government, private, and parochial K-12 schools and institutions of higher learning.
(6) "School protection officer" means a person certified as having successfully completed a one week training course offered by the Law Enforcement Training Council and Center for School Safety pursuant to Section 23-23-112 and intended to provide armed protection and other specific public safety and first responder functions to government school children and employees.
(7) "Self-defense spray device" means a device capable of carrying and ejecting, releasing, or emitting a nonlethal solution capable of incapacitating a violent threat.
Section 59-66-320. Beginning with the 2025-2026 School Year, a school board may designate employees as school protection officers to provide armed protection and other related public safety functions to attendees and employees of each government school, with specialized training from the Center for School Safety as required by the Law Enforcement Training Council. The responsibilities and duties of a school protection officer are voluntary and are in addition to his normal responsibilities and duties. Compensation for additional duties relating to service as a school protection officer must be funded by the employing school, which is prohibited from using state funds to provide this compensation. Section 59-66-330. (A) A person designated as a school protection officer may possess a firearm or a self-defense spray device on the school premises if he:
(1) holds a valid concealed weapons permit pursuant to Article 4, Chapter 31, Title 23;
(2) successfully completes school protection officer training pursuant to Section 23-23-112;
(3) keeps the weapon on his person at all times while on the premises except when locked in the school firearm safe;
(4) keeps the weapon concealed when not in use or locked in the school firearm safe;
(5) uses only frangible bullets in an effort to avoid ricochets; and
(6) has no history of violence or unmanaged anger documented by his employer.
(B) A government school employee who seeks designation as a school protection officer shall apply for the designation in writing to the school by whom he is employed, using forms created by the State Department of Education and furnished by the school in its administrative offices and on its Internet website. An applicant also shall submit with the application proof that he holds the permit and certification required in subsection (A). An applicant may apply for a provisional permit before he completes the requisite certification to ensure the board will otherwise approve his application upon satisfaction of the other requirements of this chapter. In the case of a K-12 school employee, the principal of the school at which the employee submits an application must approve the application before it may be considered by the school board as provided in subsection (C). In the case of an employee of an institution of higher education, the chief administrative officer of the institution at which the employee submits an application must approve the application before it may be considered by the board of trustees of the institution.
(C) A school board shall hold a public hearing to decide whether to designate any of its employees as school protection officers before the school board may designate an employee to serve as a school protection officer. Notice of the hearing must be published, but the name of any specific employee under consideration for receiving the designation may not be made public. The board's discussion of the qualifications of a specific, individual government school employee to be designated as a school protection officer must occur in executive session. Section 59-66-340. (A) A school board that designates an employee as a school protection officer shall, within thirty days after making the designation, provide written notification of the designation to the Director of SLED. This notification must include the:
(1) full name, date of birth, and address of the officer;
(2) name of the government school that made the designation; and
(3) date on which the district made the designation.
(B) The Director of SLED shall maintain a listing of all persons designated by school districts as school protection officers and shall make this list available to all law enforcement agencies.
(C) Notwithstanding another provision of law, identifying information collected under the authority of this section is not subject to disclosure under the South Carolina Freedom of Information Act.
Section 59-66-350. (A) A school protection officer who fails to keep his firearm secure on his person or in the school firearm safe while that the firearm is on school property in violation of Section 59-66-330(A)(3) or (4) immediately must be removed from the classroom, have his designation as a school protection officer revoked, and be subject to employment termination proceedings by the board.
(B) A school board may revoke the designation of a person as a school protection officer for any reason and immediately shall notify the designated school protection officer, in writing, of the revocation, except when revocation is made pursuant to subsection (A). The school board also shall within thirty days after the revocation notify the Director of SLED in writing of the revocation. A person whose designation as a school protection officer is revoked has no right to appeal the revocation decision or other means of redress.
Section 59-66-360. A school protection officer must complete continuing education training as considered appropriate by the Law Enforcement Training Council. Failure to comply with this requirement shall result in the immediate suspension of the officer's designation until he completes the requirements and pays a reinstatement fee to the school.
Section 59-66-370. The designation of an officer expires at the end of his contract period, but may be extended by the board of an additional year annually if he continues to satisfy the requirements of this section.
Section 59-66-380. A school protection officer has an affirmative duty to notify the school board if he is charged with any criminal acts except for minor traffic violations. The school board shall suspend his certification until it determines whether the charges are violent in motive, in which case it shall revoke the designation.
SECTION X. Section 16-23-420(F) of the S.C. Code is amended to read:
(F) This section does not apply to a person who:
(1) is authorized to carry concealed weapons pursuant to Article 4, Chapter 31, Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.; or
(2) is designated as a school protection officer pursuant to Article 3, Chapter 66, Title 59.
SECTION X. (A) Chapter 66, Title 59 of the S.C. Code is redesignated "School Safety".
(B) Sections 59-66-20, 59-66-30, and 59-66-40 are redesignated as Article 1 entitled, "General Provisions".
Renumber sections to conform.
Amend title to conform.
Rep. FRANK explained the amendment.
Rep. GRANT raised the Rule 9.3 Point of Order that Amendment
No. 1A was not germane to the H. 5179 (Word version).
Rep. FRANK argued contra.
The SPEAKER sustained the Point of Order and stated that Amendment No. 1A went beyond the scope of the Bill.
Rep. MCGINNIS explained the Senate Amendments.
Rep. MCGINNIS moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 3387 (Word version) -- Reps. G. M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M. M. Smith, Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
S. 52 (Word version) -- Senators Davis, Cash, Gambrell, Grooms, Jackson, Devine, Climer, Johnson, Adams, Turner, Kimbrell, Sutton, Blackmon, Williams, Alexander, Verdin, Garrett, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO AMEND THE PENALTY PROVISIONS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS, SO AS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2941, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO DELETE THE PROVISION THAT PROVIDES NOTHING IN THE SECTION REQUIRES INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO CONTESTED CASE HEARINGS; BY AMENDING SECTION 56-5-2945, RELATING TO THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE, SO AS TO CREATE THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE SECOND DEGREE, ESTABLISH PENALTIES, AND DEFINE THE TERM "MODERATE BODILY INJURY"; BY AMENDING SECTION 56-5-2947, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF RECKLESS VEHICULAR HOMICIDE AND RECKLESS DRIVING AS VIOLATIONS SUBJECT TO A CHARGE OF CHILD ENDANGERMENT; BY AMENDING SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO REVISE THE CIRCUMSTANCES, PROCEDURES TO BE FOLLOWED, AND TEST SITES THAT CAN BE USED WHEN PERSONS ARE SUBJECTED TO TESTS FOR ALCOHOL OR DRUGS, TO PROVIDE THAT LABORATORY TECHNICIANS, PHLEBOTOMISTS, AND EMERGENCY MEDICAL TECHNICIANS MAY OBTAIN BLOOD OR URINE SAMPLES, TO REVISE THE PERIOD OF SUSPENSIONS OF DRIVING PRIVILEGES THAT MUST BE IMPOSED FOR FAILURE IF PERSONS REFUSE TO BE TESTED AND IF PERSONS HAVE CERTAIN ALCOHOL CONCENTRATIONS, TO REVISE THE PROVISION THAT ESTABLISHES ALCOHOL CONCENTRATIONS, AND TO DELETE THE PROVISION RELATING TO PERSONS INCAPABLE OF REFUSING TO CONSENT TO TESTS; BY AMENDING SECTION 56-5-2951, RELATING TO SUSPENSION OF LICENSES FOR REFUSAL TO SUBMIT TO TESTING OR FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED LICENSE SUSPENSIONS MAY INSTALL IGNITION INTERLOCK DEVICES WITHIN THIRTY DAYS AND OBTAIN TEMPORARY DRIVERS' LICENSES WITH IGNITION INTERLOCK RESTRICTIONS, AND TO PROVIDE THAT PERSONS WHO REFUSE TO SUBMIT TO CHEMICAL TESTS MUST HAVE THEIR DRIVERS' LICENSES SUSPENDED FOR ONE YEAR FOR A FIRST OFFENSE, AND TO PROVIDE INCREASED SUSPENSIONS FOR SUBSEQUENT OFFENSES, OR IF PERSONS TAKE THE TESTS AND REGISTER ALCOHOL CONCENTRATIONS OF OVER FIFTEEN ONE-HUNDREDTH OF ONE PERCENT OR MORE, THAT THEIR LICENSES ARE SUSPENDED FOR TWO MONTHS; BY AMENDING SECTION 56-5-2953, RELATING TO INCIDENT SITES AND BREATH TEST SITES FOR VIDEO RECORDING, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED TO COMPEL OR AUTHORIZE A DISMISSAL OF A DUI OFFENSE IF THE OFFICERS SUBSTANTIALLY COMPLY WITH THE STATUTE AND THAT MOTIONS FOR SUPPRESSION OF EVIDENCE UNDER THE STATUTE MUST BE MADE PRIOR TO JEOPARDY ATTACHING; BY AMENDING SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO CREATE THE OFFENSES OF FELONY RECKLESS DRIVING WITH GREAT BODILY INJURY AND RECKLESS DRIVING RESULTING IN MODERATE BODILY INJURY AND TO ESTABLISH PENALTIES; BY ADDING SECTION 56-5-2960 SO AS TO PROVIDE THAT PERSONS CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE CAUSING THE DEATH OR DISABILITY OF PARENTS OR GUARDIANS MAY BE ORDERED TO PAY CHILD SUPPORT AS RESTITUTION FOR THE DURATION OF ANY PROBATION ORDERED, PERFORM COMMUNITY SERVICE, OR BOTH; BY AMENDING SECTION 56-1-286, RELATING TO THE SUSPENSION OF LICENSES OR PERMITS OR THE DENIAL OF ISSUANCE OF LICENSES OR PERMITS TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED NOTICES OF SUSPENSIONS MAY OBTAIN TEMPORARY LICENSES WITH IGNITION INTERLOCK RESTRICTIONS; AND BY AMENDING SECTION 56-1-400, RELATING TO THE SURRENDER OF LICENSES, SO AS TO REMOVE THE PROVISION THAT NOTHING IN THIS SECTION REQUIRES PERSONS OBTAIN IGNITION INTERLOCKS UNLESS THE OFFENSES ARE ALCOHOL RELATED.
Rep. J. E. JOHNSON explained the Senate Amendments.
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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4477 (Word version) -- Reps. Landing, Cobb-Hunter, Rivers, Williams, Luck, King, Gilliard, Waters, Henderson-Myers, Collins, Schuessler, Herbkersman, M. M. Smith, Govan and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "HEIRS' PROPERTY TAX RELIEF ACT" BY AMENDING SECTION 12-37-3150, RELATING TO DETERMINING WHEN AN ASSESSIBLE TRANSFER OF INTEREST OCCURS, SO AS TO EXCLUDE TRANSFERS MADE AMONG FAMILY MEMBERS TO CLEAR THE TITLE OF HEIRS' PROPERTY.
Rep. COLLINS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss 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 Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration: H. 3863 (Word version) -- Reps. Davis, M. M. Smith, Rivers, Henderson-Myers, Waters and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STEM OPPORTUNITY ACT" BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 13, SO AS TO ESTABLISH THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) COALITION, THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) EDUCATION FUND WITHIN THE STATE TREASURY, AND THE SC STEM COALITION ADVISORY COUNCIL, AND TO PROVIDE THEIR RESPECTIVE PURPOSES AND FUNCTIONS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3841 (Word version) -- Reps. Hewitt, B. Newton, Yow, Hardee, Bailey, M. M. Smith, Teeple, Kirby, Bustos, Landing, Brewer, Hartnett, Lawson, Davis, Murphy and Weeks: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-43-220, RELATING TO ASSESSMENT RATIOS, SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES, PROPERTY RECEIVING THE FOUR PERCENT ASSESSMENT RATIO SHALL CONTINUE AT FOUR PERCENT WHEN THE OWNER DIES; AND BY ADDING SECTION 12-37-460 SO AS TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES PROPERTY TAX EXEMPTIONS SHALL CONTINUE TO APPLY WHEN THE OWNER DIES.
Rep. HEWITT explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Calhoon Caskey Chapman Chumley Clyburn Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Rose Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3551 (Word version) -- Reps. B. Newton, Gilliam, Pope, Taylor, Weeks, Bowers, Yow, M. M. Smith, Caskey, Kilmartin, Oremus, Ballentine, C. Mitchell, Hewitt, Hixon and Calhoon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-1-10, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE EARNABLE COMPENSATION DOES NOT INCLUDE CERTAIN AMOUNTS PAID TO MANAGERS AND CLERKS OF ELECTIONS; AND BY AMENDING SECTION 12-6-1120, RELATING TO THE COMPUTATION OF SOUTH CAROLINA GROSS INCOME, SO AS TO EXCLUDE CERTAIN AMOUNTS PAID TO MANAGERS AND CLERKS OF ELECTIONS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3049 (Word version) -- Reps. W. Newton, Pope, Taylor, Long, Cobb-Hunter and Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT"; AND TO DEFINE NECESSARY TERMS, CREATE A CIVIL ACTION FOR AN INDIVIDUAL WHO SUFFERS HARM FROM A PERSON'S INTENTIONAL OR THREATENED DISCLOSURE OF PRIVATE, INTIMATE IMAGES WITHOUT CONSENT, AND PROVIDE EXCEPTIONS TO LIABILITY.
Rep. T. MOORE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Brittain Burns Bustos Caskey Chapman Chumley Clyburn Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gilliam Gilliard Gilreath Govan Grant Guest Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration: H. 3021 (Word version) -- Reps. Bradley, G. M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M. M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5069 (Word version) -- Reps. T. Moore, Bradley, Wooten, Brittain, Bernstein, Holman, Ford, Wetmore, Stavrinakis, B. Newton, Rivers, Anderson, Kirby, McDaniel, Caskey, Erickson, Reese, Chapman, Govan, Yow, Bustos, Martin, Sessions, Gatch, M. M. Smith, D. Mitchell, Guest, Neese, Pedalino, Bauer, W. Newton, Gilreath, Gilliam, Luck, Pope, Ligon, Cox, J. L. Johnson, Guffey, Bowers, Jordan, Collins, Duncan, Teeple, Lawson, Sanders, Montgomery, Ballentine, Brewer, Gagnon, Haddon, Hartnett, Hartz, Herbkersman, Hiott, Hixon, Jones, Lowe, Robbins, Cromer, Oremus, Davis, Gilliard, Gibson, McCravy and C. Mitchell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ESTABLISH THE "SOUTH CAROLINA PROTECTED LANDS AND CONSERVATION COORDINATION ACT"; TO PROVIDE DEFINITIONS; TO RECOGNIZE CONSERVATION OF NATURAL RESOURCES AS AN IMPORTANT STATE INTEREST; TO ESTABLISH A STATEWIDE PROTECTED LAND BENCHMARK; AND TO PROVIDE FOR COORDINATION OF LAND PROTECTION PROJECTS AND ANNUAL REPORTING TO THE GENERAL ASSEMBLY.
Rep. T. MOORE 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 Bowers Bradley Brittain Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Gagnon Garvin Gibson Gilliam 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 Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Frank Morgan
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4305 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 71, TITLE 38 ENTITLED "WELLNESS REIMBURSEMENT PROGRAMS" SO AS TO DEFINE TERMS, PROHIBIT CERTAIN ACTS BY WELLNESS REIMBURSEMENT PROGRAMS, REQUIRE REGISTRATION INCLUDING AN APPLICATION AND FEES WITH THE SECRETARY OF STATE, EXEMPT BROKERS FROM REGISTERING, AND TO PROVIDE FINES FOR FAILING TO REGISTER WHEN REQUIRED.
Rep. GAGNON 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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4248 (Word version) -- Reps. Herbkersman, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest, M. M. Smith, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-220 SO AS TO REQUIRE THAT ALL SHRIMP AND SHRIMP PRODUCTS SOLD IN THIS STATE HAVE A LABEL NOTING THE COUNTRY OF ORIGIN OF THE SHRIMP.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5573 (Word version) -- Reps. Long, Chumley, Edgerton, Magnuson, Lawson and Moss: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Rep. LONG proposed the following Amendment No. 1 to H. 5573 (Word version) (LC-5573.DG0002H), which was adopted:
Amend the bill, as and if amended, by adding a new SECTION to read:
SECTION X. SECTION 2(A) and (B) of Act 813 of 1946, as last amended by Act 186 of 1995, is further amended to read:
SECTION 2. (A) The Spartanburg Memorial Auditorium Commission is composed of thirteen fourteen members with two three of whom serving ex officio as provided in item (3). The commission must be appointed as follows:
(1) Five must be appointed by a special joint committee. The special joint committee shall consist of two members of the Spartanburg City Council, two members of the Spartanburg City Council, and two members of the Auditorium Commission as determined by the respective bodies. The special joint committee shall appoint representatives from the legal profession, the engineering/mechanical profession, the accounting/financial profession, the hospitality industry, and the communications/marketing community the Spartanburg County Legislative Delegation. Qualifications for the five commissioners appointed by the Spartanburg County Legislative Delegation may include experience in the legal, business, accounting and finance, or art, recreation, and tourism industries. The Spartanburg County Legislative Delegation shall make new appointments to the commission upon expiration of the terms of commissioners appointed by the special joint committee.
(2) Two must be appointed by the Spartanburg City Council and four members to the appointed by the Spartanburg County Council.
(3) The Mayor of the City of Spartanburg and the Chairman of the Spartanburg County Council or their designated member of their respective council and the Spartanburg County Legislative Delegation Chairman, or his designee, shall serve as nonvoting ex officio members of the Auditorium Commission with voting rights.
(B) All terms of the appointed members are for four years except that initial appointments may be for less than four years in order to ensure a staggering and rotation of the terms of Auditorium Commission members. No commissioner may serve more than two consecutive full four-year terms. A commissioner is eligible for reappointment after having served two full four-year terms, but may not be reappointed for at least one year following the end of the second consecutive term. Current members of the Auditorium Commission must be appointed to an initial four-year term.
Renumber sections to conform.
Amend title to conform.
Rep. LONG explained the amendment.
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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliard Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery 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 Wetmore White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Gilliam
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5093 (Word version) -- Reps. Caskey, Bannister, Long, Lawson, C. Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-36-90, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, SO AS TO EXCLUDE AMOUNTS PAID BY STATE AND LOCAL GOVERNMENTS FOR THE EMERGENCY SERVICES IP NETWORK. Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4635 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-79-60, RELATING TO PHYSICAL FITNESS SERVICE CONTRACTS, SO AS TO ALLOW THE USE OF ELECTRONIC NOTIFICATION FOR AUTOMATIC RENEWAL OF CONTRACTS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 5537 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF ADMINISTRATION, THE STATE FISCAL ACCOUNTABILITY AUTHORITY, OR THE APPROPRIATE AGENCY, TO TRANSFER THE NATIONAL GUARD ARMORY IN DILLON COUNTY, SOUTH CAROLINA, TO THE CITY OF DILLON.
Rep. HAYES 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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 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 Wetmore White Whitmire Wickensimer Williams Wooten Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5006 (Word version) -- Reps. B. Newton, Long, Hewitt, M. M. Smith, Gatch, Schuessler, Stavrinakis, Hiott, Pope, Erickson, Hixon, Neese, Wooten, Ligon, Chapman, Forrest, Hartz, Guffey, Ford, Willis, Cox, Sanders, Vaughan, Oremus, Duncan, G. M. Smith, Bowers, Sessions, Bannister, Bailey, Brewer, Weeks, Landing, Moss, Bradley, Lawson, Rankin, Guest, Brittain, Lowe, T. Moore, Ballentine, Robbins, Martin, Caskey, Pedalino, Calhoon, Davis, W. Newton, C. Mitchell, Holman, Hardee, Taylor, Yow, Jordan, Haddon, Wickensimer, Bamberg, King, McDaniel, J. L. Johnson, Cromer, Gilreath and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "STATE OF SOUTH CAROLINA SMALL BUSINESS TAX CUT OF 2026"; BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE FIRST TEN THOUSAND DOLLARS OF NET DEPRECIATED VALUE OF BUSINESS PERSONAL PROPERTY OWNED BY A SMALL BUSINESS; BY AMENDING SECTION 12-37-900, RELATING TO PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT A TAXPAYER IS NOT REQUIRED TO RETURN BUSINESS PERSONAL PROPERTY FOR TAXATION IF THE TAXPAYER HAS LESS THAN TEN THOUSAND DOLLARS OF NET DEPRECIATED VALUE OF BUSINESS PERSONAL PROPERTY; BY ADDING SECTION 12-37-980 SO AS TO REQUIRE THAT ALL BUSINESS PERSONAL PROPERTY REQUIRED TO BE RETURNED FOR TAXATION TO BE RETURNED TO THE DEPARTMENT OF REVENUE; BY AMENDING SECTION 12-20-50, RELATING TO THE LICENSE TAX ON CORPORATIONS, SO AS TO PROVIDE THAT, UNDER CERTAIN CIRCUMSTANCES, THE FEE DOES NOT APPLY TO ANY PORTION OF THE FIRST FIFTY MILLION DOLLARS OF CERTAIN CAPITAL STOCK AND PAID-IN OR CAPITAL SURPLUS; AND BY AMENDING SECTION 33-44-409, RELATING TO STANDARDS OF CONDUCT OF A CORPORATE OFFICER, SO AS TO PROVIDE AN EXCEPTION TO REFRAINING FROM COMPETING. Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4163 (Word version) -- Reps. Erickson, Bowers, Bradley, Crawford, Davis, Pedalino, Hartnett, Neese, M. M. Smith, Oremus, Lawson, Vaughan, Herbkersman, B. J. Cox, Collins, Cox, Forrest, Brewer, Burns, Gatch, Haddon, Hager, Hixon, Murphy, Taylor, Whitmire, Teeple, Guest, Alexander and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION ACT" BY ADDING CHAPTER 9 TO TITLE 59, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION AND TO PROVIDE THE PURPOSE, FUNCTIONS, ORGANIZATION, AND GOVERNANCE OF THE ASSOCIATION; TO PROVIDE PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS, MAY NOT JOIN OR AFFILIATE WITH ANY OTHER ENTITY WITHIN THE STATE FOR THE PURPOSE OF GOVERNING, SANCTIONING, OR OPERATING INTERSCHOLASTIC ATHLETIC PROGRAMS; AND TO PROVIDE PROVISIONS CONCERNING TRANSFER STUDENTS, HOME SCHOOL STUDENTS, PRIVATE SCHOOL STUDENTS, AND APPEALS, AMONG OTHER THINGS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: 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
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: (R127) S. 238 (Word version) -- Senators Alexander, Peeler, Massey and Rankin: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-1-180, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND CONDITIONS FOR EXTENDED SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY CALL THEIR RESPECTIVE BODIES INTO SESSION AFTER THE SINE DIE ADJOURNMENT DATE IF THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION IS NOT COMPLETED BY THE SINE DIE ADJOURNMENT DATE, TO PROVIDE THE TIME PERIOD DURING WHICH THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY BE CALLED BACK TO COMPLETE THOSE MATTERS AND ANY CONFERENCE COMMITTEES APPOINTED ON OR BEFORE THE DATE OF SINE DIE ADJOURNMENT, AND TO PROVIDE FOR THE TOLLING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD THAT THE GENERAL ASSEMBLY HAS TO REVIEW STATE REGULATIONS. - RATIFIED TITLE
Rep. HEWITT explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pedalino Pope Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Wooten Yow
Those who voted in the negative are:
Harris Magnuson Rankin
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
S. 718 (Word version) -- Senator Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 45-2-65 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OPERATOR OF ANY RECREATIONAL VEHICLE PARK MAY HAVE ANY TRANSIENT GUEST OF THE PARK REMOVED, AND TO PROVIDE GUIDELINES FOR REMOVAL OF THE GUEST.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
Rep. FORREST moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
Rep. B. NEWTON moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., Tuesday, May 5, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 449 (Word version):
S. 449 (Word version) -- Senators Verdin and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-30, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA PHARMACY PRACTICE ACT, SO AS TO PROVIDE A DEFINITION FOR COLLABORATIVE PRACTICE AGREEMENTS; BY ADDING SECTION 40-43-245 SO AS TO AUTHORIZE PHARMACISTS AND PHYSICIANS TO ENTER INTO COLLABORATIVE PRACTICE AGREEMENTS; BY AMENDING SECTION 40-47-20, RELATING TO DEFINITIONS FOR PHYSICIANS AND MISCELLANEOUS HEALTHCARE PROFESSIONALS, SO AS TO PROVIDE A DEFINITION FOR COLLABORATIVE PRACTICE AGREEMENTS; BY ADDING SECTION 40-47-205 SO AS TO AUTHORIZE PHYSICIANS AND PHARMACISTS TO ENTER INTO COLLABORATIVE PRACTICE AGREEMENTS; AND TO REQUIRE THE STATE BOARD OF PHARMACY AND THE STATE BOARD OF MEDICAL EXAMINERS TO PROMULGATE REGULATIONS GOVERNING THE USE OF COLLABORATIVE PRACTICE AGREEMENTS AND TO PROVIDE THAT COLLABORATIVE PRACTICE AGREEMENTS MAY NOT BE IMPLEMENTED UNTIL AFTER THE REGULATIONS ARE EFFECTIVE.
Very respectfully,
President
On motion of Rep. SESSIONS, the House receded from its amendments, and a message was ordered sent to the Senate accordingly.
The House, having receded from its amendments, ordered the Bill enrolled for ratification.
The following was received from the Senate:
Columbia, S.C.,
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 508 (Word version):
S. 508 (Word version) -- Senators Verdin, Goldfinch, Martin, Peeler, Bennett, Young, Blackmon, Kimbrell, Zell, Nutt, Fernandez, Alexander, Turner, Adams, Leber, Corbin, Grooms, Hembree, Rice, Massey, Garrett, Chaplin, Cromer, Johnson, Gambrell, Kennedy, Davis, Climer, Campsen, Reichenbach, Bright and Cash: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 10-1-165, RELATING TO THE PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO EXPAND THE TYPE OF MONUMENTS OR MEMORIALS THAT MAY NOT BE RELOCATED, REMOVED, OR DISTURBED, TO WITHHOLD DISBURSEMENTS FROM THE LOCAL GOVERNMENT FUND FOR ANY COUNTY OR MUNICIPALITY THAT VIOLATES THIS SECTION, TO PROVIDE FOR THE CARE AND PRESERVATION OF MONUMENTS AND MEMORIALS BY CERTAIN PEOPLE OR ORGANIZATIONS, TO PROVIDE STANDING TO CERTAIN PEOPLE OR ORGANIZATIONS TO BRING A CIVIL ACTION IN RESPONSE TO A VIOLATION OF THIS SECTION OR TO PREVENT SUCH VIOLATION, AND TO PROVIDE FOR LIMITATIONS ON THE TRANSFER OF REAL PROPERTY UNDERNEATH A MONUMENT OR MEMORIAL OR THE TRANSFER OF REAL PROPERTY NECESSARY TO MAINTAIN, ACCESS, OR VIEW A MONUMENT OR MEMORIAL.
Very respectfully,
President
On motion of Rep. W. NEWTON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. T. MOORE, TAYLOR and GOVAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 883 (Word version):
S. 883 (Word version) -- Senators Alexander, Martin, Massey, Peeler and Hutto: A CONCURRENT RESOLUTION TO PROVIDE THAT, PURSUANT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, MAY 14, 2026, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND IN RECESS SUBJECT TO THE CALL OF THE PRESIDENT OF THE SENATE FOR THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES FOR THE HOUSE OF REPRESENTATIVES AT TIMES THEY CONSIDER APPROPRIATE FOR THEIR RESPECTIVE BODIES TO MEET FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN SUNDAY, NOVEMBER 8, 2026, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
On motion of Rep. CASKEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CASKEY, W. NEWTON and RUTHERFORD to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5700 (Word version) -- Reps. Kilmartin, Ballentine, Alexander, Anderson, Atkinson, Bailey, 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, 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 GRANT HUNTER FOR HIS DEDICATED SERVICE AS A HOUSE PAGE SINCE 2024 AND TO CONGRATULATE HIM ON BEING NAMED HEAD PAGE FOR THE CURRENT LEGISLATIVE SESSION.
The Resolution was adopted.
The Senate Amendments to the following Bill were taken up for consideration: H. 3558 (Word version) -- Reps. Taylor, Pope, Hewitt, B. Newton, C. Mitchell, Yow, Oremus, Willis, Ligon and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ARTICLE 23 OF CHAPTER 1, TITLE 1, RELATING TO CALLS OR APPLICATIONS FOR CONSTITUTIONAL AMENDING CONVENTIONS MADE TO CONGRESS, SO AS TO RETITLE THE ARTICLE, AND TO ADD NEW SECTIONS TO DEFINE NECESSARY TERMS AND TO PROVIDE FOR THE QUALIFICATIONS, APPOINTMENT, OATH, AND DUTIES OF COMMISSIONERS APPOINTED TO REPRESENT THE STATE AT AN ARTICLE V CONVENTION, AMONG OTHER THINGS.
Rep. TAYLOR explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Gagnon Gatch Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Hartnett Hartz Hayes Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bauer Dillard Garvin Gilliard Govan Grant Harris Henderson-Myers Jones King Kirby McDaniel Reese Rivers Rose Rutherford Scott Stavrinakis Wetmore
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The SPEAKER PRO TEMPORE granted Rep. GUFFEY a temporary leave of absence.
The following Bill was taken up:
S. 1048 (Word version) -- Senator Corbin: A BILL TO PROVIDE THAT SINGLE-FAMILY DWELLING UNITS IN THE BLUE RIDGE COMMUNITY IN GREENVILLE COUNTY MUST BE BUILT ON FIVE ACRE TRACTS, TO PROVIDE THAT MULTI-FAMILY DWELLINGS BUILT IN THE BLUE RIDGE COMMUNITY MUST BE BUILT ON A TRACT OF LAND THAT IS EQUAL TO FIVE ACRES OF LAND FOR EACH DWELLING UNIT, AND TO PROVIDE FOR AN EXCEPTION.
Rep. BANNISTER proposed the following Amendment No. 1 to
S. 1048 (Word version) (LC-1048.DG0001H):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. The provisions of this act do not apply to a person who owns less than five acres of real property in the Blue Ridge Community prior to the effective date of this act.
Renumber sections to conform.
Amend title to conform.
Rep. BURNS explained the amendment.
Reps. WICKENSIMER, BAMBERG, KING, GARVIN, MCDANIEL, COBB-HUNTER, DUNCAN, GRANT and BAUER requested debate on the Bill.
The following Bill was taken up:
S. 556 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 12-6-3830 SO AS TO PROVIDE FOR A TAX CREDIT FOR RENEWABLE NATURAL GAS.
Rep. WHITE proposed the following Amendment No. 8 to S. 556 (Word version) (LC-556.DG0011H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 12-6-3830(A)(2) and inserting:
(2) "Equipment" means equipment and facilities used to collect and process landfill gas into renewable natural gas and transport and inject renewable natural gas into a natural gas transmission pipeline system. Equipment includes utility facilities owned by the taxpayer dedicated for use with a renewable natural gas production facilitysolely to collect, process, and transport landfill gas, on the property of the facility, into renewable natural gas. Equipment does not include offsite utility infrastructure, land acquisition costs, legal expenses, administrative costs, or unrelated pipeline expansion.
Amend the bill further, SECTION 1, Section 12-6-3830, by adding a subsection to read:
(E) If a facility receiving credits pursuant to this section ceases operation, fails to maintain commercial production, or removes qualifying equipment from service within five years of the date the equipment is placed in service, the taxpayer shall repay a prorated portion of the credits previously claimed, as determined by the department.
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER 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 Bowers Bradley Brittain Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Crawford Davis Dillard Duncan Erickson Gagnon Garvin Gatch Gibson Gilliam Gilliard Govan Grant Guest Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hixon Holman Hosey J. E. Johnson Jones Jordan Kilmartin King Landing Lawson Ligon Long Lowe Luck Martin McCravy McDaniel McGinnis C. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Chumley Cromer Edgerton Ford Frank Gilreath Harris Huff Lastinger Magnuson D. Mitchell Morgan Pace Reese Terribile
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: S. 922 (Word version) -- Senators Massey, Alexander, Hutto, Campsen, Leber and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-210, RELATING TO FILLING VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO PROVIDE FOR WHEN THE GOVERNOR MAY MAKE AN INTERIM APPOINTMENT; BY AMENDING SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE ELECTION COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT CABINET MEMBERS WILL SERVE COTERMINOUS WITH THE GOVERNOR THAT APPOINTS THEM; BY AMENDING SECTION 1-13-40, RELATING TO THE COMMISSION ON HUMAN AFFAIRS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-15-10, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-31-10, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 6-19-30, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-1-370, RELATING TO THE ADVISORY COMMITTEE OF THE DIVISION OF STATE DEVELOPMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-19-10, RELATING TO THE MIDLANDS AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-21-10, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 38-89-160, RELATING TO THE DAY CARE JOINT UNDERWRITING ASSOCIATION BOARD OF DIRECTORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-7-10, RELATING TO THE BOARD OF BARBER EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-13-10, RELATING TO THE BOARD OF COSMETOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-20-40, RELATING TO THE PANEL FOR DIETETICS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-30-40, RELATING TO THE BOARD OF MASSAGE THERAPY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-35-10, RELATING TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-47-11, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-51-30, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-57-40, RELATING TO THE REAL ESTATE COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-59-10, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-60-10, RELATING TO THE REAL ESTATE APPRAISERS BOARD, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-63-10, RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-67-10, RELATING TO THE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-69-10, RELATING TO THE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 43-31-40, RELATING TO THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-43-1320, RELATING TO DONATE LIFE SOUTH CAROLINA, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-53-830, RELATING TO THE DARE FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-41-260, RELATING TO THE AGRICULTURAL COMMODITIES ADVISORY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-50-40, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 48-23-10, RELATING TO THE COMMISSION OF FORESTRY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 50-5-2700, RELATING TO THE ATLANTIC STATES MARINE FISHERIES COMPACT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 51-13-1720, RELATING TO THE OLD JACKSONBOROUGH HISTORIC DISTRICT BOARD OF REGENTS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 54-17-30, RELATING TO THE MARITIME SECURITY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-11-40, RELATING TO THE COMMISSION OF ARCHIVES AND HISTORY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-15-20, RELATING TO THE ARTS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; AND BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 235 (Word version) -- Senators Kimbrell, Leber and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT PROSTITUTION BY A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-100, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT CERTAIN ACTIONS RELATED TO A PERSON WHO SOLICITS CUSTOMERS FOR A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-110, RELATING TO VIOLATIONS FOR PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT A PERSON FROM SOLICITING A PROTITUTED PERSON.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: S. 823 (Word version) -- Senators Reichenbach, Hutto, Devine and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTIONS 63-7-2630 AND 63-9-765 SO AS TO REQUIRE FAMILY COURTS TO CONSIDER THE APPROPRIATENESS OF NO CONTACT ORDERS OR SUPERVISED-CONTACT ORDERS WHEN TERMINATING PARENTAL RIGHTS OR FINALIZING ADOPTIONS; TO AUTHORIZE THESE ORDERS; AND FOR OTHER PURPOSES.
Rep. GUEST explained the Bill.
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 Bowers Bradley 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 Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Rose Rutherford Sanders Schuessler Scott Sessions 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 second time and ordered to third reading.
The following Bill was taken up:
S. 751 (Word version) -- Senators Sutton, Ott, Zell, Garrett and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-2510 SO AS TO DEFINE TERMS TO INCLUDE NITROUS OXIDE AND NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2520 SO AS TO CREATE THE OFFENSE OF SELLING OR PROVIDING NITROUS OXIDE TO MINORS, AND TO PROVIDE PENALTIES, AND TO CREATE A CIVIL PENALTY FOR A MINOR THAT MISREPRESENTS HIS AGE TO ATTEMPT TO OR TO PURCHASE NITROUS OXIDE; BY ADDING SECTION 44-53-2530 SO AS TO CREATE A CIVIL PENALTY FOR RETAILERS THAT DISPLAY OR STORE NITROUS OXIDE IN A RETAIL LOCATION WHERE MINORS CAN ACCESS NITROUS OXIDE OR NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2540 SO AS TO ESTABLISH EXCEPTIONS TO THIS ARTICLE FOR COMMERCIAL USE.
The Committee on Judiciary proposed the following Amendment
No. 1 to S. 751 (Word version) (LC-751.VR0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-2510(8)(a) and inserting:
(a) a physician, dentist, veterinarian, hospital, clinic, or other licensed medicalhealthcare facility acting within the lawful scope of practice;
Amend the bill further, SECTION 1, by striking Section 44-53-2530(C)(1) and inserting:
(C)(1) Records required by this section must be retained for not less than two years and must be made available for inspection by the department, division, or local law enforcement during normal business hours upon reasonable request.
Amend the bill further, SECTION 1, by striking Section 44-53-2530(D) and inserting:
(D) The department may promulgate regulations in consultation with the division to administer and enforce the provisions of this article, including purchaser verification standards and recordkeeping requirements. Nothing in this article confers enforcement authority upon the department, and suspected violations shall be referred to appropriate law enforcement.
Renumber sections to conform.
Amend title to conform.
Rep. BRITTAIN 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:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley 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 Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 Stavrinakis Taylor Teeple Terribile Vaughan Waters 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.
The following Bill was taken up: S. 933 (Word version) -- Senators Martin, Corbin, Williams, Jackson, Leber, Hutto, Devine, Graham, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-3-20, RELATING TO COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE LEGISLATIVE COMPENSATION AND AN IN-DISTRICT LEGISLATIVE SERVICE ALLOWANCE OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS, AND TO PROVIDE THAT THE MEMBERS' SALARY SHALL BE ADJUSTED EVERY TWO YEARS BY AN INFLATION FACTOR NOT TO EXCEED FIVE PERCENT; AND BY AMENDING SECTION 9-9-10, RELATING TO DEFINITIONS CONCERNING THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EARNABLE COMPENSATION FOR THE PURPOSES OF CALCULATING BENEFITS IS LIMITED TO ONLY THE MEMBERS' SALARY AS PROVIDED BY LAW.
Rep. B. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 70 (Word version) -- Senator Hembree: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-19-710 SO AS TO ENHANCE LOCAL SCHOOL GOVERNANCE; BY ADDING SECTION 59-19-720 SO AS TO PROVIDE DEFINITIONS; BY ADDING SECTION 59-19-730 SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT AND REVISE AS NECESSARY A MODEL CODE OF ETHICS FOR LOCAL SCHOOL BOARD MEMBERS, AND REQUIRE THAT A LOCAL SCHOOL BOARD SHALL ADOPT A LOCAL CODE OF ETHICS AT A REGULARLY SCHEDULED MEETING AND SUBMIT A COPY TO THE DEPARTMENT OF EDUCATION WITHIN THIRTY DAYS OF ADOPTION; AND BY AMENDING SECTION 59-19-45, RELATING TO MANDATORY ORIENTATION FOR SCHOOL DISTRICT BOARDS OF TRUSTEES AND COUNTY BOARDS OF EDUCATION, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO ADOPT A MODEL TRAINING PROGRAM, WHICH MUST INCLUDE A LOCAL TRAINING PROGRAM.
The Committee on Education and Public Works proposed the following Amendment No. 1 to S. 70 (Word version) (LC-70.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-19-730(A) and inserting:
(A) The State Board of Education shall adopt, and revise as necessary, a model code of ethics consistent with standards established by the South Carolina Ethics Commission for local school board members. The code shall include penalties for violations that the State Board of Education determines are reasonable and necessary.
Amend the bill further, SECTION 1, by striking Section 59-19-730(B)(5) and inserting:
(5) A local school board shall submit a copy of its local code of ethics and subsequent revisions to the Department of EducationState Board of Education within thirtysixty days of adoption.
Amend the bill further, SECTION 2, by striking Section 59-19-45(B) and inserting:
(B) Within one yearsixnine months of taking office, all persons elected, reelected, or appointed, or reappointed as members of a school district board of trustees after July 1, 1997 regardless of the date of their election, reelection, appointment, or reappointment, shall complete successfully the required an orientationtraining program in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, nepotism, conflicts of interest, and community relations. This program must be offered by the department or its designee(s) and completed by each board member within sixnine months after his election, reelection, appointment, or reappointment. The State Board of Education must keep a record of the school board trustees who complete the training program within the required time. The State Board of Education shall issue a letter of caution informing any school board trustee who fails to comply with the requirements of this section providing a time in which to cure the noncompliance. If the school board trustee fails to cure his noncompliance, the State Board of Education shall submit the name of the school board trustee to the Governor for recommendation of removal under Section 59-19-60.
Amend the bill further, SECTION 2, by striking Section 59-19-45(D) and inserting:
(D)(C) The provisions of this section also apply to members of county boards of education appointed or elected after July 1, 1997, in the same manner the provisions of this section apply to members of school district boards of trustees.At the beginning of each calendar year, A local school board shall certify compliance with the provisions of subsection (B) and (C) by all board members within nine months of the election, reelection, appointment, or reappointment of the board and publish this certification in the minutes of the next regularly scheduled school board meeting.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON 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:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Dillard Duncan Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliam Gilliard Gilreath Govan Grant Guest Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Martin McCabe 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 Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Edgerton Harris Magnuson Morgan
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 851 (Word version) -- Senators Alexander, Young and Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 34-3-900 SO AS TO DEFINE TERMS PERTAINING TO THE FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT AND TO OUTLINE A PROCEDURE FOR ESTABLISHING EMERGENCY CONTACTS FOR AN ELIGIBLE ADULT TO PROTECT THE ELIGIBLE ADULT FROM FINANCIAL EXPLOITATION.
Rep. GAGNON explained the Bill.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley 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 Gilliam Gilliard Gilreath Govan Grant Guest Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 Moss B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Morgan
So, the Bill was read the second time and ordered to third reading.
The SPEAKER PRO TEMPORE granted Rep. BRITTAIN a temporary leave of absence.
The following Bill was taken up:
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.
Rep. SESSIONS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bamberg Bannister Bauer Beach Bowers Bradley 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 Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 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 second time and ordered to third reading.
The following Bill was taken up:
S. 853 (Word version) -- Senators Davis, Hutto, Sutton, Graham, Turner, Stubbs, Matthews, Zell, Campsen, Kimbrell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-67-120, RELATING TO THE ABANDONED BUILDINGS REVITALIZATION ACT DEFINITIONS, SO AS TO CLARIFY THAT THE EXISTENCE OF AN INCOME-PRODUCING USE PRIOR TO THE PERIOD OF ABANDONMENT IS NOT A REQUIREMENT FOR ELIGIBILITY; BY AMENDING SECTION 12-67-130, RELATING TO APPLICABILITY, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-67-140, RELATING TO ELIGIBILITY FOR THE CREDIT, SO AS TO CLARIFY CERTAIN TIMING CONSIDERATIONS RELATED TO THE FILING OF A NOTICE OF INTENT TO REHABILITATE AN ABANDONED BUILDING AND TO CLARIFY THAT ABANDONED BUILDING TAX CREDITS MAY NOT SERVE AS COLLATERAL FOR ANY DEBT; AND BY AMENDING SECTION 12-67-160, RELATING TO THE CERTIFICATION OF ABANDONED BUILDING SITES, SO AS TO REMOVE A REQUIREMENT FOR CERTAIN CERTIFICATIONS OF STATE-OWNED ABANDONED BUILDING SITES.
Reps. ERICKSON and HIXON proposed the following Amendment No. 1 to S. 853 (Word version) (LC-853.SA0001H), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. (A) For property tax year 2026 and 2027, notwithstanding Section 12-37-220(B)(11)(e) of the S.C. Code, and except as provided in subsection (B), the Department of Revenue shall not grant final approval of any application for an exemption under that subsection filed on or after June 30, 2026. The department shall hold any such application in abeyance and, upon expiration of this section, shall evaluate the application under the law then in effect.
(B) Subsection (A) does not apply to an application for an exemption under Section 12-37-220(B)(11)(e) of the S.C. Code with respect to property owned entirely by a nonprofit housing corporation, either directly or through a wholly owned instrumentality, that is devoted to providing housing to low or very low income residents and that satisfies the safe harbor provisions of Revenue Procedure 96-32 issued by the Internal Revenue Service. The department may process and grant final approval of such applications during the period this section is in effect.
(C) No applicant acquires a vested right to an exemption under Section 12-37-220(B)(11)(e) of the S.C. Code by filing an application subject to subsection (A), by expending funds in reliance on the exemption, or by receiving any preliminary determination from the department.
(D) This section expires June 30, 2027.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
The amendment was then adopted.
Rep. COLLINS 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 Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Burns Bustos Calhoon Caskey Chapman 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 Huff J. E. 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 Sanders Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer 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.
The following Bill was taken up: S. 866 (Word version) -- Senators Elliott and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "MUNICIPAL TAX RELIEF ACT" BY ADDING CHAPTER 41 TO TITLE 5 SO AS TO AUTHORIZE CERTAIN MUNICIPALITIES TO IMPOSE UP TO A ONE PERCENT SALES TAX TO PROVIDE PROPERTY TAX RELIEF TO OWNER-OCCUPIED HOMES AND TO FINANCE CERTAIN PROJECTS, TO SPECIFY THE MANNER IN WHICH THE TAX MUST BE IMPOSED AND ADMINISTERED AND THE MANNER IN WHICH THE PROPERTY TAX CREDIT IS CALCULATED.
Rep. COLLINS explained the Bill.
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 Bowers Bradley Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Cromer Davis Dillard Edgerton Erickson Ford Forrest Gagnon Garvin Gatch Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson Jones Jordan King Kirby Landing Lawson Ligon Long Lowe Luck Magnuson McDaniel McGinnis Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Reese Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Chumley Duncan Frank Gibson Harris Huff Kilmartin Lastinger McCabe McCravy C. Mitchell D. Mitchell Morgan Pedalino Terribile White
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 858 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN'S BOARD, SO AS TO CHANGE THE STANDARDS FOR SERVING ON THE BOARD AND THE PROCEDURE FOR TERMS OF OFFICE; TO AUTHORIZE THE DEPARTMENT OF CHILDREN'S ADVOCACY TO ESTABLISH CERTAIN STANDARDS FOR LOCAL REVIEW BOARDS; BY AMENDING SECTION 63-11-710, RELATING TO LOCAL BOARDS FOR REVIEW, SO AS TO GIVE THE DIRECTOR AUTHORIZATION TO APPOINT OR REMOVE A MEMBER OF A LOCAL BOARD; BY AMENDING SECTION 63-11-740, RELATING TO MEETINGS OF LOCAL BOARDS AND STAFFING, SO AS TO REQUIRE THE DEPARTMENT TO PROVIDE ASSISTANCE TO EACH LOCAL BOARD FOR MEETINGS; BY AMENDING SECTION 63-11-760, RELATING TO IMMUNITY FROM LIABILITY, SO AS TO CLARIFY THAT TRAINING WILL BE PROVIDED BY THE DEPARTMENT; AND BY AMENDING SECTION 63-11-770, RELATING TO COOPERATION OF PUBLIC AND PRIVATE AGENCIES, SO AS TO INCLUDE ALL PUBLIC AGENCIES PROVIDING SERVICES TO CHILDREN IN FOSTER CARE.
The Committee on Education and Public Works proposed the following Amendment No. 1o S. 858 (Word version) (LC-858.VR0001H):
Amend the bill, as and if amended, SECTION 2, by striking Section 63-11-710(A) and inserting:
(A) There are created sixteen The department shall create local boards for review of cases of children receiving foster care, pursuant to Section 63-11-700(E). Members of local boards will be appointed by the director upon the recommendation of their county legislative delegation. Current board members shall continue to serve until the expiration of their respective terms. one in each judicial circuit, composed of five members appointed by the Governor upon recommendation of the legislative delegation of each county within the circuit for terms of four years and until their successors are appointed and qualify. If the county legislative delegations within a judicial circuit have not recommended to the Governor a person to fill a review board vacancy within ninety days after being notified by certified mail that the vacancy exists, then the local review boards in the judicial circuit may recommend to the Governor someone to fill the vacancy. All local board members must be residents of the judicial circuit which they represent, except where a current or former member is substituting for an absent member. Local boards shall elect their chairman.
Amend the bill further, SECTION 2, by striking Section 63-11-710(C) and inserting:
(C) If the Department determines that a local board is no longer necessary, then the Department may dissolve that local review board with the consent ofupon notice to the majority of the local legislative delegation.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON spoke in favor of 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:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bowers Bradley Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Crawford Dillard Duncan Ford Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Lowe Luck Martin McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Robbins Rose Rutherford Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Chumley Cromer Edgerton Frank Gilreath Harris Huff Lastinger Long Magnuson McCravy Morgan Pace Reese Teeple Terribile White
So, the Bill, as amended, was read the second time and ordered to third reading.
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.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4737 (Word version) (LC-4737.WAB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-101-35(C)(8) and inserting:
(8) fiduciary responsibility to the institution including, but not limited to, business operations, administration, budgeting, financing, financial reporting, and financial reserves, including a segment on endowment management;
Amend the bill further, SECTION 1, by striking Section 59-101-35(C)(12) and inserting:
(12) academic affairs, including academic programs, academic space, and academic quality, as well as accreditation requirements of the Southern Association of Colleges and Schools Commission on Colleges (SAS-COC) and faculty and staff welfare;
Renumber sections to conform.
Amend title to conform.
Rep. MCGINNIS spoke in favor of the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 2 to H. 4737 (Word version) (LC-4737.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-101-35(C)(12) and inserting:
(12) academic affairs, including faculty and staff welfare, academic programs, academic space, and academic quality, as well as accreditation requirements of the Southern Association of Colleges and Schools Commission on Colleges (SASCOC) and accreditation requirements of any other accreditors that may be approved by the Department of Education and faculty and staff welfare;
Renumber sections to conform.
Amend title to conform.
Rep. MCGINNIS 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:
Alexander Anderson Atkinson Bailey Bamberg Bannister Bauer Bowers Bradley Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Davis Dillard Duncan Erickson Ford Forrest Gagnon Garvin Gatch Gilliam Gilliard Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Jones Jordan King Kirby Lawson Ligon Long Lowe Luck Martin McDaniel McGinnis C. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Reese Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Cromer Edgerton Frank Gibson Gilreath Harris Huff Kilmartin Lastinger Magnuson McCabe McCravy Morgan Pace Terribile 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. 4737 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Kathy Landing
The Senate Amendments to the following Bill were taken up for consideration:
H. 3195 (Word version) -- Reps. Haddon, Pope, Pedalino, Chumley, Taylor, Erickson, Bradley, Hixon, Ligon, Weeks, Oremus, Hartz, Williams, Luck, Gilliard, Rivers and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-10-10, RELATING TO STANDARDS FOR PHYSICAL ACTIVITY AND PHYSICAL EDUCATION IN KINDERGARTEN THROUGH EIGHTH GRADE, SO AS TO REQUIRE CERTAIN MANDATORY MINIMUM PERIODS FOR PHYSICAL EDUCATION AND OUTDOOR RECESS IN FOUR-YEAR-OLD KINDERGARTEN THROUGH EIGHTH GRADE EACH YEAR IN ADDITION TO OTHER CURRICULUM REQUIREMENTS, AND TO PROVIDE RECESS PERIODS MUST BE HELD INDOORS DURING TIMES OF INCLEMENT WEATHER; BY AMENDING SECTION 59-10-30, RELATING TO PHYSICAL EDUCATION ACTIVITY DIRECTORS AND VOLUNTEERS, SO AS TO MAKE CONFORMING CHANGES; AND TO REDESIGNATE ARTICLE 1 OF CHAPTER 10, TITLE 59 AS "PHYSICAL EDUCATION AND ACTIVITY."
Rep. ERICKSON proposed the following Amendment No. 1A to
H. 3195 (Word version) (LC-3195.WAB0003H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-10-10(A)(2) and inserting:
(2) Beginning in the 2006-072028-2029 school yearSchool Year,students in kindergarten through fifth grade must be provided a minimum of one hundred fifty minutes a week of physical education and physical activity, with a minimum of one structured physical education course per yeara majority of which must be physical education. one hundred fifty minutes a week of physical education and physical activity. In 2006-07, a minimum of sixty minutes a week must be provided in physical education, and as Section 59-10-20 is phased in, the minimum time for physical education must be increased to ninety minutes a week Students in sixth grade through eighth grade must be provided a minimum of sixty hours of physical education and/or physical activity during each school year, with a minimum of one structured physical education course per yeara majority of which must be physical education. Physical education courses offered in kindergarten through eighth grade must meet academic standards adopted by the State Board of Education. The certified physical education teacher to student ratio is designed to provide students in kindergarten through fiftheighth grade with scheduled physical education either every day or on alternate days throughout the school year and must be based on the South Carolina Physical Education Curriculum Standards. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 28 to 1as specified in the defined program. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses. The physical activity must be planned and coordinated by the certified/licensed Physical Education Activity Director pursuant to Section 59-10-30.
Amend the bill further, SECTION 4, by striking Section 59-29-80(B) and inserting:
(B) A student may be exempted from physical education requirements in Section 59-29-80(A) and Section 59-10-10(A) by seeking a waiver from the local school board of trustees. The local board may grant such a request based on the following criteria:
(1) The student must present a statement by his attending physician indicating that participation in physical education will jeopardize the student's health and well-being; or
(2)(a) The parent and student must show that the student's attending physical education classes will violate their religious beliefs and would not be merely a matter of personal objection; and
(b) the parent or student must be members of a recognized religious faith that objects to physical education as part of its official doctrine or creed.; or
(3)(a) For students in seventh or eighth grade who seek middle school level physical education credit, a student taking units of ninth grade or higher work for high school credit at an off-campus location; and
(b) the school has made reasonable efforts to accommodate the student's participation in physical education.
(4)(a) For students in eighth grade who seek middle school level physical education credit, a student taking three or more units of ninth grade or higher work for high school credit; and
(b) the school has made reasonable efforts to accommodate the student's participation in physical education.
The local board shall encourage the student to take, as an alternative to physical education, appropriate instruction in health education or other instruction in lifestyle modification if an exemption is granted pursuant to this section.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bowers Bradley Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Cromer Davis Dillard Duncan Erickson Ford Forrest Gagnon Garvin Gatch Gibson Gilliam Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Martin McCabe McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Reese Rivers Robbins Sanders Schuessler Scott 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:
Beach Chumley Crawford Edgerton Frank Harris Hayes Luck Magnuson McCravy Pace
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4270 (Word version) -- Reps. Schuessler, B. J. Cox, McGinnis, Yow, Jones, Vaughan, Kirby, Dillard, Wetmore, Bauer, Collins, Wickensimer, Brewer, Gilliard, Bernstein, Bannister, Willis, J. L. Johnson, Guest, King, Chapman, Herbkersman, Bradley, Brittain, Burns, Martin, Calhoon, Lowe, C. Mitchell, Oremus, Atkinson, Sessions, Haddon, Waters, Rivers, Scott and Govan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 60-2-60 SO AS TO PROVIDE FOR THE REMOVAL OF CERTAIN PUBLIC RECORDS.
Rep. PACE proposed the following Amendment No. 1A to H. 4270 (Word version) (LC-4270.DG0001H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 30-2-60 and inserting:
Section 30-2-60. Eviction filings and records made pursuant to Section 27-40-10 or 27-37-10, including those concluded by Orders of Eviction or Writ of Ejectment, cases resolved by settlement, or resolved by subsequent payment for the judgment that satisfied any debt that includes personal information of a defendant, must be removed from the public index and any publicly accessible files available for public record sevensix years after the final disposition or filing if no additional filing is recorded.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. For the purposes of this act, eviction filings and records that are at least sevensix years old and have no subsequent filings and comply with SECTION 1 are to be removed from the public index by the responsible agency.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. PACE spoke in favor of the amendment.
Rep. REESE moved to table the amendment.
Rep. PACE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Ballentine Bamberg Bannister Bauer Bradley Bustos Calhoon Caskey Clyburn Cobb-Hunter Collins Cox Davis Dillard Erickson Gagnon Garvin Gilliard Govan Grant Guest Hager Hart Hartnett Hayes Henderson-Myers Herbkersman Hewitt Hiott Holman Hosey Jones King Kirby Ligon Luck Martin McDaniel McGinnis Montgomery J. Moore Moss Neese B. Newton Pope Reese Rivers Rose Rutherford Schuessler Scott Sessions G. M. Smith Stavrinakis Teeple Vaughan Waters Wetmore Wickensimer Williams
Those who voted in the negative are:
Atkinson Beach Bowers Brittain Burns Chapman Chumley Crawford Cromer Duncan Edgerton Forrest Frank Gibson Gilreath Haddon Hardee Harris Hartz Hixon Huff J. E. Johnson Kilmartin Lastinger Lawson Long Magnuson McCabe McCravy C. Mitchell D. Mitchell T. Moore Morgan W. Newton Oremus Pace Pedalino Sanders M. M. Smith Taylor Terribile White Whitmire Willis Wooten
So, the amendment was tabled.
Rep. SCHUESSLER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Ballentine Bamberg Bannister Bauer Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Cox Davis Dillard Erickson Forrest Gagnon Garvin Gatch Gilliard Govan Grant Guest Haddon Hager Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Jones King Kirby Landing Lawson Ligon Lowe Luck Martin McDaniel McGinnis Montgomery J. Moore Moss Neese B. Newton Oremus Pedalino Pope Reese Rivers Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Bowers Crawford Cromer Duncan Edgerton Frank Gibson Gilliam Gilreath Hardee Harris Huff J. E. Johnson Kilmartin Lastinger Long Magnuson McCabe McCravy C. Mitchell D. Mitchell Morgan Pace Rankin Terribile White Whitmire
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 477 (Word version)--Conference Report
The General Assembly, Columbia, S.C., April 21, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 477 (WORD VERSION) -- Senators Davis and Ott: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-43-210, RELATING TO THE DEFINITION OF A "SELF-ADMINISTERED HORMONAL CONTRACEPTIVE" IN THE PHARMACY PRACTICE ACT, SO AS TO REVISE THE DEFINITION; BY AMENDING SECTION 40-43-230, RELATING TO PHARMACISTS PERMITTED TO DISPENSE SELF-ADMINISTERED HORMONAL CONTRACEPTIVES IN CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE SUCH DISPENSATIONS MAY BE MADE PURSUANT TO CERTAIN WRITTEN JOINT PROTOCOLS; AND BY AMENDING SECTION 40-43-240, RELATING TO WRITTEN JOINT PROTOCOLS BY THE BOARD OF MEDICAL EXAMINERS AND THE BOARD OF PHARMACY TO AUTHORIZE PHARMACISTS TO DISPENSE SELF-ADMINISTERED HORMONAL CONTRACEPTIVES WITHOUT PATIENT-SPECIFIC WRITTEN ORDERS, SO AS TO INSTEAD PROVIDE THE DISPENSATIONS MAY BE MADE UNDER STANDING ORDERS OR WITHOUT STANDING ORDERS WHEN DISPENSED OR ADMINISTERED PURSUANT TO CERTAIN WRITTEN JOINT PROTOCOLS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 40-43-210(9) of the S.C. Code is amended to read:
(9) "Self-administered hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed or dispensed may administer to himselfherself. "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch. "Self-administered hormonal contraceptive" does not include an intrauterine device or any drug intended to terminate a pregnancy.
SECTION 2. Section 40-43-230(A) of the S.C. Code is amended to read:
(A) A person licensed under the South Carolina Pharmacy Practice Act who is acting in good faith and exercising reasonable care as a pharmacist and who is employed by a hospital or a pharmacy that is permitted by this State may dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive pursuant to a standing order by a prescriber, or pursuant to the written joint protocols as required by this chapter, to a patient who is:
(1) eighteen years of age or older; or
(2) under eighteen years of age if the person has evidence of a previous prescription from a practitioner for a self-administered hormonal contraceptive or an injectable hormonal contraceptive.
SECTION 3. Section 40-43-240(A) of the S.C. Code is amended to read:
(A) The Board of Medical Examiners and the Board of Pharmacy must issue a written joint protocol to authorize a pharmacist to dispense a self-administered hormonal contraceptive or administer an injectable hormonal contraceptive without a patient-specific written orderunder a standing order or without a standing order when the contraceptive is being dispensed or administered pursuant to the written joint protocols as required by this chapter.
SECTION 4. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Sen. Davis /s/Rep. Bernstein /s/Senator Matthews /s/Rep. Calhoon /s/Senator Garrett /s/Rep. Guest On part of the Senate. On part of the House.
Rep. GUEST explained the Conference Report.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Davis Dillard Duncan Erickson Ford Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Govan Grant Guest Haddon Hager Hardee Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Martin McDaniel McGinnis C. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Rivers Robbins Rose Rutherford Sanders Schuessler Scott G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Crawford Cromer Edgerton Frank Gilreath Harris Kilmartin Magnuson McCabe D. Mitchell Morgan Pace Terribile White
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5179 (Word version) -- Reps. Erickson, McGinnis, Garvin, Grant, Yow, C. Mitchell, Wooten and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-440 SO AS TO CREATE THE SCHOOL MAPPING DATA PROGRAM WITHIN THE STATE LAW ENFORCEMENT DIVISION FOR THE PURPOSE OF FACILITATING EFFICIENT EMERGENCY RESPONSES IN PUBLIC INSTITUTIONS OF HIGHER LEARNING BY PUBLIC SAFETY AGENCIES, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ITS IMPLEMENTATION BY THE DIVISION, AND TO PROVIDE RELATED REQUIREMENTS OF INSTITUTIONS OF HIGHER LEARNING AND LAW ENFORCEMENT AGENCIES.
Rep. FRANK proposed the following Amendment No. 2A to H. 5179 (Word version) (LC-5179.DG0002H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-101-440(B)(1) and inserting:
(B)(1) To facilitate efficient emergency responses in institutions of higher learning by public safety agencies in this State, the School Mapping Data Program is established as a statewide initiative within the State Law Enforcement Division (SLED). Subject to funding, SLED shall contract with a vendor to provide school mapping data for each institution of higher learning in the State. Any contract entered into pursuant to this subsection must be procured in accordance with the South Carolina Consolidated Procurement Code, Title 11, Chapter 35, and must utilize a competitive sealed proposal process. The data must be provided to the institution, local law enforcement agencies, and public safety agencies for use in response to emergencies. For purposes of this section, emergencies include, but are not limited to, any event in which a law enforcement officer, firefighter, rescue squad, emergency medical service provider, public safety telecommunicator, or any other emergency management provider may respond.
Amend the bill further, SECTION 1, Section 59-101-440, by adding a subsection to read:
(E)(1) SLED shall issue a publicly advertised Request for Proposal (RFP) for services required under this section. The RFP must:
(a) be posted on the State Procurement Services website for not less than thirty calendar days;
(b) include clearly stated evaluation criteria, with cost constituting a substantial component of the evaluation;
(c) prohibit contract terms that create proprietary restrictions preventing future competitive procurement; and
(d) require that all school mapping data generated pursuant to this section remain the property of the State of South Carolina and the participating institution.
(2) Sole-source procurement may not be utilized for contracts entered into pursuant to this section except as authorized under Section 11-35-1560 and Section 11-35-1570, and any written determination justifying such procurement must be provided to the State Fiscal Accountability Authority and to the Chairmen of the House Ways and Means Committee and Senate Finance Committee within five business days.
(3) No contract entered pursuant to this section may exceed three years in duration, including renewals, without the issuance of a new competitive solicitation.
(4) SLED shall submit an annual report to the Governor and the General Assembly detailing expenditures, contract performance, and any contract extensions or renewals made pursuant to this section.
Renumber sections to conform.
Amend title to conform.
Rep. GRANT raised Rule 9.3 Point of Order that Amendment No. 2A was not germane to H. 5179 (Word version).
The SPEAKER sustained the Point of Order.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Erickson Ford Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Gilreath Govan Grant Guest Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
Beach Edgerton Frank Harris Huff Kilmartin Magnuson Morgan Pace White
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3387 (Word version) -- Reps. G. M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M. M. Smith, Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
Rep. T. MOORE proposed the following Amendment No. 1A to
H. 3387 (Word version) (LC-3387.SA0003H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 2, Title 45 of the S.C. Code is amended by adding:
Section 45-2-65. (A) For the purposes of this section:
(1) "Transient guest" means a person who temporarily occupies a recreational vehicle located within a recreational vehicle park with the permission of a current or former guest of the recreational vehicle park but without the permission of the recreational vehicle park's operator.
(2) "Guest" means a person who rents space from a recreational vehicle park operator and occupies a recreational vehicle at the recreational vehicle park.
(B)(1) The operator of any recreational vehicle park may remove or cause to be removed, in the manner provided in this section, any transient guest of the park who, while on the premises of the park:
(a) illegally possesses or deals in a controlled substance, as defined by Chapter 53 of Title 44;
(b) disturbs the peace, quiet enjoyment, or comfort of other persons; or
(c) violates the posted park rules and regulations.
(2) The removal of a transient guest from, any recreational vehicle park may not be based on race, color, national origin, sex, physical disability, or creed.
(C)(1) The operator of any recreational vehicle park may remove or cause to be removed, in the manner provided in this section, any guest of the park who, while on the premises of the park:
(a) illegally possesses or deals in a controlled substance, as defined by Chapter 53 of Title 44;
(b) disturbs the peace, quiet enjoyment, or comfort of other persons;
(c) violates the posted park rules and regulations; or
(d) fails to make payment of rent at the agreed rental rate and by the agreed time.
(2) The admission of a guest to, or the removal of a guest from, any recreational vehicle park may not be based on race, color, national origin, sex, physical disability, or creed. (D) The operator of any recreational vehicle park shall notify the transient guest or guest that the park no longer desires to entertain the transient guest or guest and shall request that the transient guest or guest immediately depart from the park. Notice must be given in writing, as follows: "You are hereby notified that this recreational vehicle park no longer desires to entertain you as a transient guest or guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State." If a guest has paid rent in advance, then the park, at the time notice is given, shall tender to the guest the unused portion of the advance payment. Any transient guest or guest who remains or attempts to remain in the park after being requested to leave commits a misdemeanor and must be punished by a fine not to exceed three hundred dollars or by imprisonment for not more than thirty days, or both.
(E) If a guest has accumulated an outstanding account in excess of an amount equivalent to three nights' rent at a recreational vehicle park, then the operator may disconnect all utilities of the recreational vehicle and notify the guest that the action is for the purpose of requiring the guest to confront the operator or permittee and arrange for payment of the guest's account. This arrangement must be in writing, and a copy must be furnished to the guest. Upon entering into the agreement, the operator shall reconnect the utilities of the recreational vehicle.
(F) If any person is illegally on the premises of any recreational vehicle park, then the operator of the park may call upon any law enforcement officer of this State for assistance. It is the duty of law enforcement officers, upon the request of an operator, to remove from the premises or place under arrest any transient guest or guest who, according to the park operator, violated subsection (B), (C), or (D). If a warrant has been issued by the proper judicial officer for the arrest of any transient guest or guest who violates subsection (B), (C), or (D), then the officer shall serve the warrant, and the transient guest or guest is considered to have abandoned or given up any right to occupy the premises of the recreational vehicle park. The operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by the transient guest or guest and shall refund any unused portion of moneys paid by the guest for the occupancy of the premises. If conditions do not allow for immediate removal of the transient guest's or guest's property, then the transient guest or guest may arrange a reasonable time, not to exceed forty-eight hours, with the operator to come remove the property, accompanied by a law enforcement officer.
(G) In addition to the grounds for ejection otherwise established by law, grounds for ejection may be established in a written lease agreement between a recreational vehicle park operator or permittee and a recreational vehicle park guest.
SECTION 2.A. Chapter 37, Title 27 of the S.C. Code is amended by adding:
Section 27-37-200. As used in this article: (1) "Authorized enforcement official" means the county sheriff for the county in which the property is located or any county, city, or township constable, pursuant to Section 22-9-10, for the county, city, or township in which the property is located.
(2) "Petitioner" means the owner of property containing a residential dwelling who has filed a verified petition under the provisions of this article.
(3) "Representative of the property owner" means any authorized agent or personal representative of the property owner. If the property at issue is part of an estate being probated, "representative of the property owner" refers to the representative of the estate during probate proceedings.
(4) "Respondent" means the person or persons unlawfully occupying property containing a residential dwelling, against whom a verified petition has been filed.
(5) "Unlawful occupant or occupants" means any person or persons who detain, occupy, or trespass on property containing a residential dwelling without the permission of the property owner, who otherwise have no legal right to occupy the property under state law, and who are not afforded any protections provided to a tenant under state law.
Section 27-37-210. Notwithstanding any provision of this chapter to the contrary, a property owner or representative of the property owner may seek relief for the removal of a person or persons unlawfully occupying property containing a residential dwelling under this article by filing a verified petition with the clerk of court or chief magistrate of the county in which the property is located.
Section 27-37-220. Filing fees and court costs under this article shall be the same as filing fees and court costs required when filing a claim in the court of common pleas.
Section 27-37-230. (A) Upon the filing of a verified petition under this section, and for good cause shown in the petition, the court shall immediately issue an ex parte order to remove an unlawful occupant or occupants from property containing a residential dwelling. The assertion of sufficient evidence that the person or persons are unlawfully occupying property containing a residential dwelling shall constitute good cause for purposes of this section. The petition shall set forth the following:
(1) the petitioner is the property owner or a representative of the property owner; (2) the property that is being occupied includes a residential dwelling;
(3) an unlawful occupant or occupants have entered and remain or continue to reside on the property owner's property;
(4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered;
(5) the unlawful occupant or occupants are occupying the property without the permission of the property owner and are not guests of the property owner nor otherwise authorized to make use of the property;
(6) the property owner has directed the unlawful occupant or occupants to leave the property and the unlawful occupant or occupants have failed or refused to vacate the premises;
(7) the property has not been leased to any person for, and the unlawful occupant or occupants are not current or former tenants of the property pursuant to any agreement with the property owner;
(8) the unlawful occupant or occupants are not immediate family members of the property owner; and
(9) there is no pending litigation related to the real property between the property owner and any known unlawful occupant or occupants.
(B) An ex parte order to have the unlawful occupant or occupants removed from property containing a residential dwelling entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. Such hearing shall be held within twenty-four hours of filing the verified petition unless good cause is shown for a delay. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief or does not show good cause.
(C) Failure to serve an ex parte order on the person or persons who are unlawfully occupying property containing a residential dwelling shall not affect the validity or enforceability of such order.
Section 27-37-240. Any ex parte order granted under this article shall be to protect the petitioner from trespass by an unlawful occupant or occupants and may include such terms as the court reasonably deems necessary to ensure the petitioner's safety including, but not limited to:
(1) restraining the respondent from committing or threatening to commit any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the petitioner's property, including violence against a pet; (2) restraining the respondent from entering the petitioner's premises or dwelling unit or coming within a certain proximity of the petitioner's premises or dwelling unit; and
(3) restraining the respondent from communicating with the petitioner in any manner or through any medium.
Section 27-37-250. When the court has, after a hearing on the petition, issued an order for relief to permanently exclude an unlawful occupant or occupants from the petitioner's property, it may additionally:
(1) permanently restrain the respondent from committing or threatening to commit any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the petitioner's property, including violence against a pet;
(2) permanently restrain the respondent from entering the petitioner's premises or dwelling unit or coming within a certain proximity of petitioner's premises or dwelling unit;
(3) permanently restrain the respondent from communicating with the petitioner in any manner or through any medium;
(4) permanently expel the respondent from occupying petitioner's premises or dwelling unit;
(5) permanently expel the respondent's personal property from petitioner's premises or dwelling unit;
(6) order the respondent to pay all costs of repair to the petitioner's premises or dwelling unit relating to damages caused by the respondent;
(7) order the respondent to pay all costs associated with service of any ex parte order authorized against the respondent; or
(8) order the respondent to pay court costs.
Section 27-37-260. A verified petition seeking an ex parte order under this article shall contain allegations relating to those orders and shall pray for the orders desired.
Section 27-37-270. Once the court grants the order under this article, the authorized enforcement official shall enforce such order by removing the person or persons unlawfully occupying the property.
Section 27-37-280. If appropriate, the authorized enforcement official may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause. Section 27-37-290. The authorized enforcement official is entitled to the same fee for the service of the ex parte order granted under this article as that provided for the execution of a warrant for the ejection of a trespasser pursuant to Section 15-67-630. After the authorized enforcement official serves the order, the property owner or representative of the property owner may request that the authorized enforcement official stand by to keep the peace while the property owner or representative of the property owner changes the locks and removes the personal property of the occupants from the premises to or near the property line. When such a request is made, the authorized enforcement official may charge a reasonable hourly rate, and the person requesting the authorized enforcement official to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the authorized enforcement official. The authorized enforcement official is not liable to the unlawful occupant or occupants or to any other party for the loss, destruction, or damage of property. The property owner or representative of the property owner is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.
Section 27-37-300. A person may bring a civil cause of action if the person was removed from the property under this article without just cause. Such person may seek restored possession to the real property, actual damages to personal property when personal property was removed, statutory damages in the amount of one thousand dollars, and reimbursement of court costs. Any damages authorized under this section shall be offset by any damages to the real property inflicted by the person who was removed from the real property without just cause. Such damages to real property shall be proven by the property owner. Awards of actual damages shall not exceed the value of the damaged personal property.
Section 27-37-310. The provisions of this article do not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.
Section 27-37-320. All proceedings under this article are in addition to any other available civil or criminal remedies, unless otherwise specifically provided herein.
Section 27-37-330. (A) The court shall retain jurisdiction over the ex parte order or full order of protection issued under this article for its entire duration. The court may schedule compliance review hearings to monitor the respondent's compliance with the order.
(B) The terms of the ex parte order or full order of protection issued under this article are enforceable by all remedies available at law for the enforcement of a judgment, and the court may punish a respondent who wilfully violates the ex parte order to the same extent as provided by law for contempt of the court in any other suit or proceeding cognizable by the court. Section 27-37-340. (A) When a law enforcement officer has probable cause to believe that a party, against whom an ex parte order under this article has been entered and who has notice of such order entered, has committed an act in violation of such order, the officer shall arrest the offending party-respondent regardless of whether the violation occurred in the presence of the arresting officer.
(B) In an arrest in which a law enforcement officer acted in good faith reliance on this section, the arresting and assisting law enforcement officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.
(C) A person who violates the terms and conditions of an ex parte order under this article is guilty of a felony and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both. For the purposes of this subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an ex parte order under this article if:
(1) the law enforcement officer responding to a call of a violation of an ex parte order under this article presented a copy of the ex parte order to the respondent; or
(2) notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.
Section 27-37-350. Nothing in this article shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.
B. Title 27 are designated as Article 1, Chapter 37, Title 27 and entitled "Ejectment of Tenants."
SECTION 3. Article 7, Chapter 11, Title 16 of the S.C. Code is amended by adding:
Section 16-11-521. A person commits the offense of criminal mischief if he or she unlawfully detains, occupies, or trespasses upon a residential dwelling. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both.
SECTION 4. Section 27-40-800 of the S.C. Code is amended to read:
Section 27-40-800. (a) Upon appeal to the circuit court, the case must be heard, in a manner consistent with other appeals from magistrates court, as soon as is feasible after the appeal is docketed.
(b) It is sufficient toNo court shall stay an execution of a judgment for ejectment. that Upon appeal to the circuit court, the tenant sign an undertaking that he willmay file an affidavit with the circuit court or the magistrate having jurisdiction, in which the tenant promises to pay to the landlord the amount of rent, determined by the magistrate in accordance with Section 27-40-780, as it becomes due periodically after the judgment was entered, in exchange for a stay of the execution of a judgment for ejectment. Once the affidavit is accepted by the court, Anyany magistrate, clerk, or circuit court judge shall order a stay of execution upon the undertaking.
(c) The undertaking affidavit by the tenant and the order staying execution may be substantially in the following form:
Bond to Stay
Execution on Appeal
to Circuit Court
Now comes the tenant in the above entitled action and respectfully shows the court that a judgment of ejectment was issued against the tenant and for the landlord on the ____ day of ___________ ,
1920_, by the magistrate. The Tenanttenant also shows the court the tenant has appealedfiled an appeal of the judgment of ejectment to the circuit court on the ___ day of ________, 20__.
Pursuant to the findings of the magistrate, the tenant is obligated to pay rent in the amount of $ ______ per ______ , due on the ____ day of each ___________ .
Tenant hereby undertakes promises to pay the periodic rent hereinafter due according to the aforesaid findings of the court and moves the circuit court to stay execution on the judgment for ejectment until this matter is heard on appeal and decided by the circuit court.
This the ___________ day of ___________ , 1920 ____
_
Tenant
Upon execution of the above bond, execution on the judgment of ejectment is hereby stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five days of the due date under the agreed terms, upon application of the landlord to whichever court accepted the affidavit in exchange for the stay of ejectment following the initiation of the appeal, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on issues dealing with possession must be dismissed and the sheriff may dispossess the tenant. If the application is submitted to the magistrate, the landlord shall be required to provide notice of the application to the circuit court having appellate jurisdiction prior to ejecting the tenant and to effectuate proper dismissal of the appeal.
This the ___________ day of ___________ , 19 20 ____
_
Judge
(d) If either party disputes the amount of the payment or the due date in the undertakingaffidavit, the aggrieved party may move for modification of the terms of the undertaking affidavit before the circuit court. Upon the motion and upon notice to all interested parties, the court shall hold a hearing as soon as is feasible after the filing of the motion and determine what modifications, if any, are appropriate. No judgment for ejectment may be executed pending a hearing on the motion, provided the tenant complied with the terms of the undertakingaffidavit prior to moving for modification. During the pendency of the motion, the tenant shall continue to pay rent in accordance with the terms of the affidavit, and at the discretion of the judge, make payments directly to the landlord or deposit the payments into an escrow account. Upon resolution of the motion, any difference between the total rent amount paid during the appeal and the total amount owed to the landlord, as modified by the court, shall be either refunded to the tenant or become an additional obligation of the tenant to be paid to the landlord.
(e) If the tenant fails to make a payment within five days of the due date according to the undertakingaffidavit and order staying execution, the clerk, upon application of the landlord to whichever court accepted the affidavit in exchange for the stay of ejectment following the initiation of the appeal, shall issue a warrant of ejectment to be executed pursuant to Section 27-37-40 of the 1976 Code. If the application is submitted to a court not having appellate jurisdiction over the matter, the landlord shall be required to provide notice of the application to the court having appellate jurisdiction prior to ejecting the tenant.
(f)(1) Upon appeal to the Supreme Court or to the court of appeals, it is sufficient toa court shall not stay an execution of a judgment for ejectment that unless the tenant sign an undertaking that he will files an affidavit with the proper appellate court, in which the tenant promises to pay to the landlord the amount of rent, determined by order of the judge of the circuit court, as it becomes due periodically after judgment was entered. The Once the affidavit is accepted by the court, the judge of the court having jurisdiction shall order stay of execution upon the undertaking.
(2) The tenant's failure to comply with the terms of the undertaking affidavit entitles the landlord to execution of the judgment for possession in accordance with the provisions of subsection (e) of this section.
SECTION 5. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
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 Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 Sanders Schuessler Scott Sessions 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:
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3863 (Word version) -- Reps. Davis, M. M. Smith, Rivers, Henderson-Myers, Waters and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STEM OPPORTUNITY ACT" BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 13, SO AS TO ESTABLISH THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) COALITION, THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) EDUCATION FUND WITHIN THE STATE TREASURY, AND THE SC STEM COALITION ADVISORY COUNCIL, AND TO PROVIDE THEIR RESPECTIVE PURPOSES AND FUNCTIONS.
Rep. ERICKSON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley 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 Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 Sanders Schuessler Scott Sessions 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:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3551 (Word version) -- Reps. B. Newton, Gilliam, Pope, Taylor, Weeks, Bowers, Yow, M. M. Smith, Caskey, Kilmartin, Oremus, Ballentine, C. Mitchell, Hewitt, Hixon and Calhoon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-1-10, RELATING TO DEFINITIONS APPLICABLE TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE EARNABLE COMPENSATION DOES NOT INCLUDE CERTAIN AMOUNTS PAID TO MANAGERS AND CLERKS OF ELECTIONS; AND BY AMENDING SECTION 12-6-1120, RELATING TO THE COMPUTATION OF SOUTH CAROLINA GROSS INCOME, SO AS TO EXCLUDE CERTAIN AMOUNTS PAID TO MANAGERS AND CLERKS OF ELECTIONS.
Rep. B. NEWTON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers 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 Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Robbins Sanders Schuessler Scott Sessions 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:
I was temporarily out of the Chamber on constituent business during the vote on H. 3551 (Word version). I would have voted to concur in the Senate Amendments.
Rep. Carl Anderson
The Senate Amendments to the following Bill were taken up for consideration: H. 3021 (Word version) -- Reps. Bradley, G. M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M. M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The SPEAKER granted Rep. YOW a leave of absence for the remainder of the day.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4248 (Word version) -- Reps. Herbkersman, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest, M. M. Smith, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-220 SO AS TO REQUIRE THAT ALL SHRIMP AND SHRIMP PRODUCTS SOLD IN THIS STATE HAVE A LABEL NOTING THE COUNTRY OF ORIGIN OF THE SHRIMP.
Reps. HIXON, ERICKSON, and HERBKERSMAN proposed the following Amendment No. 1 to H. 4248 (Word version) (LC-4248.PH0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 39-25-220 and inserting:
Chapter 25, Title 39 of the S.C. Code is amended by adding:
Section 39-25-175. (A) For purposes of this section:
(1) "Domestic shrimp" means shrimp caught and landed in waters of a state or waters of the United States;
(2) "Food service establishment" means an establishment engaged in the business of selling ready-to-eat food to the public including, but not limited to, a restaurant, cafeteria, food stand, or food truck; and
(3) "Foreign imported shrimp" means shrimp imported into the United States.
(B) A food service establishment in this State that serves both foreign imported shrimp and domestic shrimp must conspicuously display the following disclaimer on its menu, if any, on a sign visible to the public at its main entrance: "Some items served at this establishment may contain foreign imported shrimp. Ask for more information." (C) A food service establishment in this State that serves foreign imported shrimp, but does not serve domestic shrimp, must conspicuously display the following disclaimer on its menu, if any, and on a sign visible to the public at its main entrance: "Some items served at this establishment contain foreign imported shrimp. Ask for more information."
(D) A food service establishment that violates this section must:
(1) for a first offense, be issued a warning by the Department of Agriculture that provides for a period of three days from the issuance of the warning to remedy the violation; and
(2) for a second or subsequent offense, be issued a civil fine of no less than one hundred dollars and no more than five thousand dollars by the Department of Agriculture for each day the violation occurs.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest 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 Huff Jones Jordan King Kirby Landing Lastinger Lawson Ligon Long Luck Magnuson Martin McCabe McCravy McDaniel C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 5093 (Word version) -- Reps. Caskey, Bannister, Long, Lawson, C. Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-36-90, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES, SO AS TO EXCLUDE AMOUNTS PAID BY STATE AND LOCAL GOVERNMENTS FOR THE EMERGENCY SERVICES IP NETWORK.
Rep. BANNISTER proposed the following Amendment No. 1 to
H. 5093 (Word version) (LC-5093.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by deleting Section 12-36-90(n) from the bill.
Amend the bill further, by striking SECTION 3 and inserting:
SECTION X.A. Section 12-21-620 of the S.C. Code is amended to read:
Section 12-21-620. (A) There shall be levied, assessed, collected, and paid in respect to the articles containing tobacco enumerated in this section the following amounts:
(1) upon all cigarettes for smoking made of tobacco or any substitute for tobacco, three and one-half mills on each cigarette;
(2) upon all cigarettes for heating made of tobacco or any substitute for tobacco, fourteen and one-quarter mills on each cigarette;
(2)(3) upon all tobacco products, as defined in Section 12-21-800, five percent of the manufacturer's price.
Manufacturer's price as used in this section is the established price at which a manufacturer sells to a wholesaler.
(B) As used in this section, "cigarette" means:
(1) any roll for smoking or heating under ordinary conditions of use containing tobacco or any substitute for tobacco wrapped in paper or in any substance other than a tobacco leaf; or
(2) any roll for smoking or heating under ordinary conditions of use containing tobacco or any substitute for tobacco, wrapped in any substance, weighing three pounds per thousand or less, however labeled or named, which because of its appearance, size, type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (1) of this subsection.
B. This section takes effect October 1, 2026.
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chumley Clyburn Cobb-Hunter Collins Cox Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Garvin Gatch Gibson Gilliam Gilliard Gilreath Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McDaniel McGinnis D. Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Reese Rivers Robbins Rutherford Sanders Schuessler Scott G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Waters White Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
Crawford Gagnon Hayes McCabe C. Mitchell Pedalino Sessions Stavrinakis Wetmore
The amendment was then adopted. The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4635 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-79-60, RELATING TO PHYSICAL FITNESS SERVICE CONTRACTS, SO AS TO ALLOW THE USE OF ELECTRONIC NOTIFICATION FOR AUTOMATIC RENEWAL OF CONTRACTS.
Rep. B. NEWTON explained the Senate Amendments.
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 Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Brittain Burns Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest 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 Huff Jones Jordan 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 Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
The Senate Amendments to the following Bill were taken up for consideration: H. 5006 (Word version) -- Reps. B. Newton, Long, Hewitt, M. M. Smith, Gatch, Schuessler, Stavrinakis, Hiott, Pope, Erickson, Hixon, Neese, Wooten, Ligon, Chapman, Forrest, Hartz, Guffey, Ford, Willis, Cox, Sanders, Vaughan, Oremus, Duncan, G. M. Smith, Bowers, Sessions, Bannister, Bailey, Brewer, Weeks, Landing, Moss, Bradley, Lawson, Rankin, Guest, Brittain, Lowe, T. Moore, Ballentine, Robbins, Martin, Caskey, Pedalino, Calhoon, Davis, W. Newton, C. Mitchell, Holman, Hardee, Taylor, Yow, Jordan, Haddon, Wickensimer, Bamberg, King, McDaniel, J. L. Johnson, Cromer, Gilreath and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "STATE OF SOUTH CAROLINA SMALL BUSINESS TAX CUT OF 2026"; BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE FIRST TEN THOUSAND DOLLARS OF NET DEPRECIATED VALUE OF BUSINESS PERSONAL PROPERTY OWNED BY A SMALL BUSINESS; BY AMENDING SECTION 12-37-900, RELATING TO PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT A TAXPAYER IS NOT REQUIRED TO RETURN BUSINESS PERSONAL PROPERTY FOR TAXATION IF THE TAXPAYER HAS LESS THAN TEN THOUSAND DOLLARS OF NET DEPRECIATED VALUE OF BUSINESS PERSONAL PROPERTY; BY ADDING SECTION 12-37-980 SO AS TO REQUIRE THAT ALL BUSINESS PERSONAL PROPERTY REQUIRED TO BE RETURNED FOR TAXATION TO BE RETURNED TO THE DEPARTMENT OF REVENUE; BY AMENDING SECTION 12-20-50, RELATING TO THE LICENSE TAX ON CORPORATIONS, SO AS TO PROVIDE THAT, UNDER CERTAIN CIRCUMSTANCES, THE FEE DOES NOT APPLY TO ANY PORTION OF THE FIRST FIFTY MILLION DOLLARS OF CERTAIN CAPITAL STOCK AND PAID-IN OR CAPITAL SURPLUS; AND BY AMENDING SECTION 33-44-409, RELATING TO STANDARDS OF CONDUCT OF A CORPORATE OFFICER, SO AS TO PROVIDE AN EXCEPTION TO REFRAINING FROM COMPETING.
Rep. B. NEWTON moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 4163 (Word version) -- Reps. Erickson, Bowers, Bradley, Crawford, Davis, Pedalino, Hartnett, Neese, M. M. Smith, Oremus, Lawson, Vaughan, Herbkersman, B. J. Cox, Collins, Cox, Forrest, Brewer, Burns, Gatch, Haddon, Hager, Hixon, Murphy, Taylor, Whitmire, Teeple, Guest, Alexander and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION ACT" BY ADDING CHAPTER 9 TO TITLE 59, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION AND TO PROVIDE THE PURPOSE, FUNCTIONS, ORGANIZATION, AND GOVERNANCE OF THE ASSOCIATION; TO PROVIDE PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS, MAY NOT JOIN OR AFFILIATE WITH ANY OTHER ENTITY WITHIN THE STATE FOR THE PURPOSE OF GOVERNING, SANCTIONING, OR OPERATING INTERSCHOLASTIC ATHLETIC PROGRAMS; AND TO PROVIDE PROVISIONS CONCERNING TRANSFER STUDENTS, HOME SCHOOL STUDENTS, PRIVATE SCHOOL STUDENTS, AND APPEALS, AMONG OTHER THINGS.
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 Bowers Bradley 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 Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jones Jordan 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 Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration: 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
Rep. T. MOORE proposed the following Amendment No. 1A to
H. 4804 (Word version) (LC-4804.AHB0004H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 16-15-395 of the S.C. Code is amended to read:
Section 16-15-395. (A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:
(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation;
(2) permits a minor under his custody or control to engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; (3) transports or finances the transportation of a minor through or across this State with the intent that the minor engage in sexual activity or appear in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation for a live performance or for the purpose of producing material that contains a visual representation depicting this activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or
(4) records, photographs, films, develops, duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor or a morphed image of an identifiable minor engaged in sexual activity or a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.
(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in a sexual activity or a state of sexually explicit nudity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution pursuant to this section.
(D) (1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three five years nor more than twenty years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section must run consecutively with and commence at the expiration of another sentence being served by the person sentenced.
(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be sentenced for an additional five years.
(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A)(4) is a minor and the offense is the minor's first offense related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.
SECTION 2. Section 16-15-405 of the S.C. Code is amended to read:
Section 16-15-405. (A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he: (1) records, photographs, films, develops, duplicates, produces, or creates digital electronic file material that contains a visual representation of a minor or a morphed image of an identifiable minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation; or
(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor or a morphed image of an identifiable minor engaged in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation.
(B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution pursuant to this section.
(D) (1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than twothree years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.
(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be imprisoned for a minimum sentence of five years.
(3) For any violation of the provisions of this section, no part of the minimum sentence may be suspended nor is the person convicted eligible for parole until he has served the minimum sentence.
(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A) is a minor and the offense is the minor's first charge related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.
SECTION 3. Section 16-15-410 of the S.C. Code is amended to read:
Section 16-15-410. (A) An individual commits the offense of third degree sexual exploitation of a minor if, knowing the character or content of the material, he possesses material that contains a visual representation of a minor or a morphed image of an identifiable minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation. (B) In a prosecution pursuant to this section, the trier of fact may infer that a participant in sexual activity or a state of sexually explicit nudity depicted as a minor through its title, text, visual representation, or otherwise, is a minor.
(C)(1) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than ten years.for:
(a) not more than ten years if the person possesses one to twenty-five or less visual representations or images;
(b) one to ten years if the person possesses twenty-six images to two hundred fifty visual representations or images; and
(c) two to ten years if the person possesses more than two hundred fifty visual representations or images.
(2) A person who violates the provisions of this section and previously has been convicted of an offense that required the person to register as a sex offender in accordance with Section 23-3-430, upon conviction, must be imprisoned for a minimum of five years.
(3) For any violation of the provisions of this section, no part of the minimum sentence may be suspended nor is the person convicted eligible for parole until he has served the minimum sentence.
(D) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation. The employee's official capacity in the course of such investigation or criminal proceeding includes making material available for inspection to the defendant's counsel in response to discovery requests.
(E) The offense is a misdemeanor to be heard by the family court if the person charged under the provisions of subsection (A) is a minor and the offense is the minor's first charge related to a morphed image of an identifiable minor. The family court may order behavioral health counseling from an appropriate agency or provider, as a condition of adjudicating a minor.
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
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 Bowers Bradley Brittain 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 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 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 Sanders Schuessler Scott M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
S. 718 (Word version) -- Senator Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 45-2-65 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH AN OPERATOR OF ANY RECREATIONAL VEHICLE PARK MAY HAVE ANY TRANSIENT GUEST OF THE PARK REMOVED, AND TO PROVIDE GUIDELINES FOR REMOVAL OF THE GUEST.
Rep. B. NEWTON moved to adjourn debate upon the Senate Amendments until Thursday, May 14, which was agreed to.
The following Bill was taken up:
H. 3197 (Word version) -- Reps. Erickson, G. M. Smith, Wooten, Pope, Martin, W. Newton, Grant, Robbins, Vaughan, Alexander, Govan, Hartnett, Henderson-Myers, Kirby, Gilliard, Rivers, Waters and M. M. Smith: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-1-485 SO AS TO ESTABLISH A STATEWIDE WORKFORCE READINESS GOAL; BY ADDING SECTION 59-29-245 SO AS TO PROVIDE REMEDIATION IN COURSES IN LITERACY AND MATHEMATICS TO HIGH SCHOOL SENIORS SEEKING POST-SECONDARY STUDIES BUT LACKING REQUISITE ACADEMIC PREPARATION, TO PROVIDE THIS COURSEWORK MAY BE USED TO MEET HIGH SCHOOL GRADUATION REQUIREMENTS, AND TO PROVIDE RELATED IMPLEMENTATION REQUIREMENTS OF THE STATE DEPARTMENT OF EDUCATION, STATE BOARD OF EDUCATION, AND THE STATE TECHNICAL COLLEGE SYSTEM; BY ADDING SECTION 59-39-105 SO AS TO PROVIDE HIGH SCHOOL SENIORS SHALL COMPLETE AND SUBMIT A FREE APPLICATION FOR FEDERAL STUDENT AID BEFORE GRADUATING FROM HIGH SCHOOL, TO PROVIDE EXEMPTIONS, TO PROVIDE RELATED REQUIREMENTS FOR THE IMPLEMENTATION OF THESE PROVISIONS, AND TO MAKE THESE PROVISIONS APPLICABLE BEGINNING WITH THE 2026-2027 SCHOOL YEAR; BY AMENDING SECTION 59-26-35, RELATING TO EDUCATOR PREPARATION PROGRAM EVALUATIONS AND THE SOUTH CAROLINA EDUCATOR PREPARATION REPORT CARD, SO AS TO TRANSFER PRIMARY RESPONSIBILITY FOR CONDUCTING THESE EVALUATIONS AND PRODUCING THIS REPORT CARD TO THE STATE DEPARTMENT OF EDUCATION, AMONG OTHER THINGS; AND BY ADDING SECTION 41-1-140 SO AS TO PROVIDE THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE SHALL MAINTAIN AND PROVIDE FREE ONLINE ACCESS TO INFORMATION REGARDING THE ECONOMIC VALUE OF COLLEGE MAJORS, AMONG OTHER THINGS.
Rep. B. NEWTON moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up:
H. 5057 (Word version) -- Reps. Ballentine, Cobb-Hunter, Taylor, Gilliard, Rivers and Waters: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-150-420 SO AS TO PROVIDE THAT LOTTERY RETAILERS MAY USE CERTAIN LOTTERY TICKET VENDING MACHINES; AND BY AMENDING SECTION 12-21-2710, RELATING TO TYPES OF MACHINES AND DEVICES PROHIBITED BY LAW, SO AS TO PROVIDE FOR AN EXCEPTION.
Rep. B. NEWTON moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 5309 (Word version) -- Reps. Erickson, Hartnett and Henderson-Myers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 64 TO TITLE 59 SO AS TO ENACT THE "INTERSTATE TEACHER MOBILITY COMPACT," TO PROVIDE THE STATE OF SOUTH CAROLINA HEREBY ENTERS THE COMPACT WITH ANY AND ALL STATES LEGALLY JOINING THEREIN ACCORDING TO THE TERMS OF THE COMPACT, AND TO ADOPT THE TERMS OF THE COMPACT IN ITS SUBSTANTIAL FORM.
Rep. B. NEWTON moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up: H. 3597 (Word version) -- Reps. Robbins, T. Moore, Pope, W. Newton, C. Mitchell, Calhoon and Edgerton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-25-65, RELATING TO THE REDUCTION OF A SENTENCE FOR SUBSTANTIAL ASSISTANCE TO THE STATE, SO AS TO REQUIRE NOTICE TO THE ARRESTING LAW ENFORCEMENT AGENCY AND ANY VICTIMS, TO REQUIRE A HEARING WITH FINDINGS OF FACT IN A WRITTEN ORDER, TO REQUIRE VERIFICATION OF SUBSTANTIAL ASSISTANCE BY LAW ENFORCEMENT OR THE CORRECTIONAL FACILITY, AND TO ALLOW REDUCTION OF MANDATORY MINIMUM SENTENCES IN THE DISCRETION OF THE JUDGE.
Rep. B. NEWTON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 5288 (Word version) -- Reps. J. E. Johnson, Brittain, Yow, Guest, Haddon, Jordan, Robbins, Wickensimer, C. Mitchell, Calhoon, W. Newton, Erickson and Kirby: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-13-136 SO AS TO DEFINE NECESSARY TERMS, CREATE CARGO THEFT OFFENSES, AND PROVIDE PENALTIES FOR THE OFFENSES.
Rep. B. NEWTON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up:
H. 5483 (Word version) -- Reps. Erickson, Bradley, McGinnis, Hartnett, Teeple, Vaughan, Duncan, D. Mitchell, Lastinger and Atkinson: 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. Rep. B. NEWTON moved to recommit the Bill to the Committee on Education and Public Works, which was agreed to.
The following Bill was taken up:
S. 416 (Word version) -- Senators Hembree and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-210, RELATING TO GROUNDS FOR WHICH TRUSTEES MAY EXPEL, SUSPEND, OR TRANSFER PUPILS; PETITIONS FOR READMISSION; AND EXPULSION, SUSPENSION, OR TRANSFER, SO AS TO PROHIBIT EXPELLED STUDENTS FROM ENTERING SCHOOL OR SCHOOL GROUNDS INCLUDING ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING A SCHOOL BUS, TO FURTHER PROHIBIT SUSPENDED STUDENTS FROM ENTERING THE SCHOOL OR SCHOOL GROUNDS EXCEPT FOR ATTENDING DAY OR NIGHT SCHOOL FUNCTIONS OR RIDING THE SCHOOL BUS; BY AMENDING SECTION 59-63-235, RELATING TO THE EXPULSION OF A STUDENT DETERMINED TO HAVE BROUGHT A FIREARM TO SCHOOL, SO AS TO REQUIRE A STUDENT TO BE EXPELLED FOR NO LESS THAN ONE ACADEMIC YEAR FOR KNOWINGLY BRINGING A FIREARM TO A SCHOOL, TO ESTABLISH THE EXPULSION HEARING BE CONDUCTED BY THE DISTRICT BOARD OF TRUSTEES AND TO ALLOW AN EXPELLED STUDENT TO RECEIVE EDUCATIONAL SERVICES IN ALTERNATIVE SETTINGS TO INCLUDE VIRTUAL PROGRAMMING; AND BY AMENDING SECTION 59-63-250, RELATING TO THE TRANSFER OF PUPILS, SO AS TO CLARIFY THAT A BOARD MAY TRANSFER A PUPIL WITHIN THE SCHOOL DISTRICT AND REQUIRE NOTIFICATION AND INPUT FROM THE PRINCIPAL AT THE RECEIVING SCHOOL.
Rep. ERICKSON explained the Bill.
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 Bowers Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Duncan Edgerton Erickson Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Hewitt Hiott Hixon Hosey Huff J. E. Johnson Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Scott Sessions G. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Wickensimer Williams Willis Wooten
Those who voted in the negative are:
Dillard Jones King McDaniel J. Moore Reese Rivers
I inadvertently voted in favor of S. 416 (Word version). I intended to vote against the Bill.
Rep. Courtney Waters
I inadvertently voted in favor of S. 416 (Word version) and intended to vote against the Bill.
Rep. Gilda Cobb-Hunter
The following Bill was taken up:
S. 11 (Word version) -- Senators Jackson and Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150(A), RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE."
The Committee on Ways and Means proposed the following Amendment No. 1o S. 11 (Word version) (LC-11.SA0004H) :
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 8-11-150 of the S.C. Code is amended to read:
Section 8-11-150. (A) For the purposes of this section:
(1) "Child" means a newborn biological child or foster of a child in state custody and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position any person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a fulltime equivalent, temporary grant or time limited position.
(3) "Paid parental leave" means sixtwelve weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.
(5) "Stillbirth" has the same meaning as defined in Section 44-63-55.
(B) Eligible state employees who are employed by this State, its departments, agencies, or institutions and who give birth or stillbirth are entitled to receive sixtwelve weeks of paid parental leave. Other eligible state employees who do not give birth are entitled to receive twofour weeks of paid parental leave. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of such birth or initial legal placement. An eligible state employee shall receive no more than one occurrence of sixtwelve or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs. However, nothing in this item prohibits a foster parent from requesting and receiving approval for parental leave in nonconsecutive one-week time periods.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively, except that foster parents may request and receive approval for parental leave in nonconsecutive one-week time periods.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave. (6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 2. Section 8-11-155 of the S.C. Code is amended to read:
Section 8-11-155. (A) For the purposes of this section:
(1) "Child" means a child initially legally placed for adoption and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent positionany person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a position eligible to earn annual leave.
(3) "Paid parental leave" means sixtwelve weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the initial legal placement of a child by adoption.
(B) Eligible state employees, who are employed by this State, its departments, agencies, or institutions and are primarily responsible for furnishing the care and nurture of the child, are entitled to sixtwelve weeks of paid parental leave upon the occurrence of a qualifying event. Eligible state employees, who are employed by this State, its departments, agencies, or institutions who are not primarily responsible for furnishing the care and nurture of the child, are entitled to twofour weeks of paid parental leave upon the occurrence of a qualifying event. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of initial legal placement. An eligible state employee shall receive no more than one occurrence of sixtwelve or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave.
(6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 3. This act takes effect October 1, 2026, and applies to qualifying events thereon or thereafter..
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.
Reps. T. MOORE, COBB-HUNTER, COLLINS, and HUFF proposed the following Amendment No. 4 to S. 11 (Word version) (LC-11.SA0006H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 8-11-150 of the S.C. Code is amended to read:
Section 8-11-150. (A) For the purposes of this section:
(1) "Child" means a newborn biological child or foster of a child in state custody and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position any person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a fulltime equivalent, temporary grant or time limited position.
(3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.
(5) "Stillbirth" has the same meaning as defined in Section 44-63-55.
(B) Eligible state employees who are employed by this State, its departments, agencies, or institutions and who give birth or stillbirth are entitled to receive six weeks of paid parental leave. Other eligible state employees who do not give birth are entitled to receive twofour weeks of paid parental leave. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of such birth or initial legal placement. An eligible state employee shall receive no more than one occurrence of six or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs. However, nothing in this item prohibits a foster parent from requesting and receiving approval for parental leave in nonconsecutive one-week time periods.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively, except that foster parents may request and receive approval for parental leave in nonconsecutive one-week time periods.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave.
(6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 2. Section 8-11-155 of the S.C. Code is amended to read:
Section 8-11-155. (A) For the purposes of this section:
(1) "Child" means a child initially legally placed for adoption and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent positionany person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a position eligible to earn annual leave.
(3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the initial legal placement of a child by adoption.
(B) Eligible state employees, who are employed by this State, its departments, agencies, or institutions and are primarily responsible for furnishing the care and nurture of the child, are entitled to six weeks of paid parental leave upon the occurrence of a qualifying event. Eligible state employees, who are employed by this State, its departments, agencies, or institutions who are not primarily responsible for furnishing the care and nurture of the child, are entitled to twofour weeks of paid parental leave upon the occurrence of a qualifying event. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of initial legal placement. An eligible state employee shall receive no more than one occurrence of six or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave. (6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 3. This act takes effect October 1, 2026, and applies to qualifying events thereon or thereafter..
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
The Committee on Ways and Means proposed the following Amendment No. 1S. 11 (Word version) (LC-11.SA0004H) :
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 8-11-150 of the S.C. Code is amended to read:
Section 8-11-150. (A) For the purposes of this section:
(1) "Child" means a newborn biological child or foster of a child in state custody and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position any person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a fulltime equivalent, temporary grant or time limited position.
(3) "Paid parental leave" means sixtwelve weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.
(5) "Stillbirth" has the same meaning as defined in Section 44-63-55.
(B) Eligible state employees who are employed by this State, its departments, agencies, or institutions and who give birth or stillbirth are entitled to receive sixtwelve weeks of paid parental leave. Other eligible state employees who do not give birth are entitled to receive twofour weeks of paid parental leave. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of such birth or initial legal placement. An eligible state employee shall receive no more than one occurrence of sixtwelve or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs. However, nothing in this item prohibits a foster parent from requesting and receiving approval for parental leave in nonconsecutive one-week time periods.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively, except that foster parents may request and receive approval for parental leave in nonconsecutive one-week time periods.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave. (6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 2. Section 8-11-155 of the S.C. Code is amended to read:
Section 8-11-155. (A) For the purposes of this section:
(1) "Child" means a child initially legally placed for adoption and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent positionany person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a position eligible to earn annual leave.
(3) "Paid parental leave" means sixtwelve weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the initial legal placement of a child by adoption.
(B) Eligible state employees, who are employed by this State, its departments, agencies, or institutions and are primarily responsible for furnishing the care and nurture of the child, are entitled to sixtwelve weeks of paid parental leave upon the occurrence of a qualifying event. Eligible state employees, who are employed by this State, its departments, agencies, or institutions who are not primarily responsible for furnishing the care and nurture of the child, are entitled to twofour weeks of paid parental leave upon the occurrence of a qualifying event. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of initial legal placement. An eligible state employee shall receive no more than one occurrence of sixtwelve or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave.
(6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 3. This act takes effect October 1, 2026, and applies to qualifying events thereon or thereafter..
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
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 Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley 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 Hart Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long 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 Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 325 (Word version) -- Senators Massey, Alexander, Walker and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-30-10, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO ADD THE DEPARTMENT OF CONSUMER AFFAIRS TO THE DEPARTMENTS WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY ADDING SECTION 1-30-145 SO AS TO PROVIDE FOR THE TRANSITION OF THE DEPARTMENT OF CONSUMER AFFAIRS TO THE EXECUTIVE BRANCH OF STATE GOVERNMENT; BY AMENDING SECTION 37-6-103, RELATING TO THE DEFINITION OF "ADMINISTRATOR," SO AS TO PROVIDE THAT THE ADMINISTRATOR IS APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTIONS 37-6-104(6), 37-6-117(I), 37-6-501 THROUGH 510, 37-6-602, AND 37-6-604(B), ALL RELATING TO FUNCTIONS AND DUTIES OF THE COMMISSION ON CONSUMER AFFAIRS, SO AS TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION ON CONSUMER AFFAIRS TO BE REPLACED WITH AN ADMINISTRATOR AS THE HEAD OF THE DEPARTMENT.
Rep. COBB-HUNTER proposed the following Amendment No. 1 to S. 325 (Word version) (LC-325.HDB0001H), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 37-6-502 of the S.C. Code is amended to read:
Section 37-6-502. The Commission on Consumer Affairs shall be composed of nine members, one of whom shall be the Secretary of State as an ex officio member; fourthe remaining eight members shall be appointed by the Governor with advice and consent of the Senate and the remaining four members shall be elected by the General Assemblyfor terms as follows: two for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. Members of the Commission shall elect a Chairman. Terms of the members shall be four years unless otherwise stipulated in this section, and upon the expiration of the terms, the Governor shall appoint a member and the General Assembly shall elect one member respectively. With the exception of the ex officio member, any vacancy in the office of a member shall be filled by the Governor by appointment for the unexpired term. Upon expiration of the term of a member, the successor shall be appointed by the Governor for a term of four years. Members of the Commission shall be eligible for reappointment. No person associated with any businesses regulated by the Commission on Consumer Affairs shall be eligible to serve on the Commission as defined by Section 8-13-208-13-100 of the Code of Laws of South Carolina.
SECTION 2. This act takes effect on January 1, 2027.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. WOOTEN moved to table the amendment.
Rep. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gatch 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 Morgan 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 Wetmore White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Clyburn Cobb-Hunter Gilliard Govan Grant Hayes Henderson-Myers Hosey Jones King Kirby Luck McCabe McDaniel J. Moore Rivers Scott Waters Williams
So, the amendment was tabled.
Rep. COBB-HUNTER 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:
Anderson Bailey Ballentine Bannister Bauer Beach Bowers Bradley 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 Harris Hartnett Hartz Hayes Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jordan Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Wetmore White Whitmire Wickensimer Willis Wooten
Cobb-Hunter Gilliard Grant Henderson-Myers Jones King J. Moore Rivers Williams
So, the Bill was read the second time and ordered to third reading.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 695 (Word version):
S. 695 (Word version) -- Senators Young, Graham, Devine, Walker and Sutton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA SAFEGUARDING AMERICAN VETERANS' BENEFITS ACT"; AND BY ADDING ARTICLE 8 TO CHAPTER 11, TITLE 25, SO AS TO PROVIDE DEFINITIONS, SET GUIDELINES AND LIMITS FOR COMPENSATION, MEMORIALIZE TERMS, AND STATE PENALTIES FOR NONCOMPLIANCE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 787 (Word version):
S. 787 (Word version) -- Senator Gambrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 37-3-110 SO AS TO DEFINE BRIDGE LOANS; AND BY AMENDING SECTION 37-3-402, RELATING TO BALLOON PAYMENTS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO BRIDGE LOANS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 222 (Word version):
S. 222 (Word version) -- Senators Ott and Stubbs: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-2-140 SO AS TO DEFINE THE TERM "UTILITY TERRAIN VEHICLE" AND PROVIDE FOR THE REGISTRATION AND OPERATION OF THEM ON THE HIGHWAYS AND STREETS OF THE STATE; BY AMENDING SECTION 56-1-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "OFF-ROAD USE ONLY"; AND BY AMENDING SECTION 38-77-30, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" TO INCLUDE CERTAIN UTILITY TERRAIN VEHICLES.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3768 (Word version):
H. 3768 (Word version) -- Reps. Brewer, Gatch, Robbins, Schuessler, Sessions and Kirby: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ACT 36 OF 2019, RELATING TO HIGHWAY SYSTEM CONSTRUCTION, SO AS TO CHANGE THE SUNSET EXPIRATION PROVISION TO JULY 1, 2031.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 894 (Word version):
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.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3569 (Word version):
H. 3569 (Word version) -- Reps. M. M. Smith, Pope, Davis, Cobb-Hunter, Wetmore, Henderson-Myers, Erickson, Rivers and Gilliard: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE OFFENSES MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS; AND BY AMENDING SECTION 27-40-210, RELATING TO DEFINITIONS, SO AS TO DEFINE TERMS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C. Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Verdin, Goldfinch and Sutton to the Committee of Conference on the part of the Senate on:
S. 508 (Word version) -- Senators Verdin, Goldfinch, Martin, Peeler, Bennett, Young, Blackmon, Kimbrell, Zell, Nutt, Fernandez, Alexander, Turner, Adams, Leber, Corbin, Grooms, Hembree, Rice, Massey, Garrett, Chaplin, Cromer, Johnson, Gambrell, Kennedy, Davis, Climer, Campsen, Reichenbach, Bright and Cash: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 10-1-165, RELATING TO THE PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO EXPAND THE TYPE OF MONUMENTS OR MEMORIALS THAT MAY NOT BE RELOCATED, REMOVED, OR DISTURBED, TO WITHHOLD DISBURSEMENTS FROM THE LOCAL GOVERNMENT FUND FOR ANY COUNTY OR MUNICIPALITY THAT VIOLATES THIS SECTION, TO PROVIDE FOR THE CARE AND PRESERVATION OF MONUMENTS AND MEMORIALS BY CERTAIN PEOPLE OR ORGANIZATIONS, TO PROVIDE STANDING TO CERTAIN PEOPLE OR ORGANIZATIONS TO BRING A CIVIL ACTION IN RESPONSE TO A VIOLATION OF THIS SECTION OR TO PREVENT SUCH VIOLATION, AND TO PROVIDE FOR LIMITATIONS ON THE TRANSFER OF REAL PROPERTY UNDERNEATH A MONUMENT OR MEMORIAL OR THE TRANSFER OF REAL PROPERTY NECESSARY TO MAINTAIN, ACCESS, OR VIEW A MONUMENT OR MEMORIAL.
Very Respectfully,
President
Received as information.
The following was received from the Senate:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 52 (Word version):
S. 52 (Word version) -- Senators Davis, Cash, Gambrell, Grooms, Jackson, Devine, Climer, Johnson, Adams, Turner, Kimbrell, Sutton, Blackmon, Williams, Alexander, Verdin, Garrett, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO AMEND THE PENALTY PROVISIONS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS, SO AS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2941, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO DELETE THE PROVISION THAT PROVIDES NOTHING IN THE SECTION REQUIRES INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO CONTESTED CASE HEARINGS; BY AMENDING SECTION 56-5-2945, RELATING TO THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE, SO AS TO CREATE THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE SECOND DEGREE, ESTABLISH PENALTIES, AND DEFINE THE TERM "MODERATE BODILY INJURY"; BY AMENDING SECTION 56-5-2947, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF RECKLESS VEHICULAR HOMICIDE AND RECKLESS DRIVING AS VIOLATIONS SUBJECT TO A CHARGE OF CHILD ENDANGERMENT; BY AMENDING SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO REVISE THE CIRCUMSTANCES, PROCEDURES TO BE FOLLOWED, AND TEST SITES THAT CAN BE USED WHEN PERSONS ARE SUBJECTED TO TESTS FOR ALCOHOL OR DRUGS, TO PROVIDE THAT LABORATORY TECHNICIANS, PHLEBOTOMISTS, AND EMERGENCY MEDICAL TECHNICIANS MAY OBTAIN BLOOD OR URINE SAMPLES, TO REVISE THE PERIOD OF SUSPENSIONS OF DRIVING PRIVILEGES THAT MUST BE IMPOSED FOR FAILURE IF PERSONS REFUSE TO BE TESTED AND IF PERSONS HAVE CERTAIN ALCOHOL CONCENTRATIONS, TO REVISE THE PROVISION THAT ESTABLISHES ALCOHOL CONCENTRATIONS, AND TO DELETE THE PROVISION RELATING TO PERSONS INCAPABLE OF REFUSING TO CONSENT TO TESTS; BY AMENDING SECTION 56-5-2951, RELATING TO SUSPENSION OF LICENSES FOR REFUSAL TO SUBMIT TO TESTING OR FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED LICENSE SUSPENSIONS MAY INSTALL IGNITION INTERLOCK DEVICES WITHIN THIRTY DAYS AND OBTAIN TEMPORARY DRIVERS' LICENSES WITH IGNITION INTERLOCK RESTRICTIONS, AND TO PROVIDE THAT PERSONS WHO REFUSE TO SUBMIT TO CHEMICAL TESTS MUST HAVE THEIR DRIVERS' LICENSES SUSPENDED FOR ONE YEAR FOR A FIRST OFFENSE, AND TO PROVIDE INCREASED SUSPENSIONS FOR SUBSEQUENT OFFENSES, OR IF PERSONS TAKE THE TESTS AND REGISTER ALCOHOL CONCENTRATIONS OF OVER FIFTEEN ONE-HUNDREDTH OF ONE PERCENT OR MORE, THAT THEIR LICENSES ARE SUSPENDED FOR TWO MONTHS; BY AMENDING SECTION 56-5-2953, RELATING TO INCIDENT SITES AND BREATH TEST SITES FOR VIDEO RECORDING, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED TO COMPEL OR AUTHORIZE A DISMISSAL OF A DUI OFFENSE IF THE OFFICERS SUBSTANTIALLY COMPLY WITH THE STATUTE AND THAT MOTIONS FOR SUPPRESSION OF EVIDENCE UNDER THE STATUTE MUST BE MADE PRIOR TO JEOPARDY ATTACHING; BY AMENDING SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO CREATE THE OFFENSES OF FELONY RECKLESS DRIVING WITH GREAT BODILY INJURY AND RECKLESS DRIVING RESULTING IN MODERATE BODILY INJURY AND TO ESTABLISH PENALTIES; BY ADDING SECTION 56-5-2960 SO AS TO PROVIDE THAT PERSONS CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE CAUSING THE DEATH OR DISABILITY OF PARENTS OR GUARDIANS MAY BE ORDERED TO PAY CHILD SUPPORT AS RESTITUTION FOR THE DURATION OF ANY PROBATION ORDERED, PERFORM COMMUNITY SERVICE, OR BOTH; BY AMENDING SECTION 56-1-286, RELATING TO THE SUSPENSION OF LICENSES OR PERMITS OR THE DENIAL OF ISSUANCE OF LICENSES OR PERMITS TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED NOTICES OF SUSPENSIONS MAY OBTAIN TEMPORARY LICENSES WITH IGNITION INTERLOCK RESTRICTIONS; AND BY AMENDING SECTION 56-1-400, RELATING TO THE SURRENDER OF LICENSES, SO AS TO REMOVE THE PROVISION THAT NOTHING IN THIS SECTION REQUIRES PERSONS OBTAIN IGNITION INTERLOCKS UNLESS THE OFFENSES ARE ALCOHOL RELATED.
and asks for a Committee of Conference and has appointed Senators Hembree, Adams and Tedder to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. J. E. JOHNSON, ROBBINS and ROSE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. B. NEWTON moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to:
S. 933 (Word version) -- Senators Martin, Corbin, Williams, Jackson, Leber, Hutto, Devine, Graham, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-3-20, RELATING TO COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE LEGISLATIVE COMPENSATION AND AN IN-DISTRICT LEGISLATIVE SERVICE ALLOWANCE OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS, AND TO PROVIDE THAT THE MEMBERS' SALARY SHALL BE ADJUSTED EVERY TWO YEARS BY AN INFLATION FACTOR NOT TO EXCEED FIVE PERCENT; AND BY AMENDING SECTION 9-9-10, RELATING TO DEFINITIONS CONCERNING THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EARNABLE COMPENSATION FOR THE PURPOSES OF CALCULATING BENEFITS IS LIMITED TO ONLY THE MEMBERS' SALARY AS PROVIDED BY LAW.
The House stood at ease subject to the call of the Chair.
At 5:42 p.m. the House resumed, the SPEAKER in the Chair.
The following Bill was taken up: S. 933 (Word version) -- Senators Martin, Corbin, Williams, Jackson, Leber, Hutto, Devine, Graham, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-3-20, RELATING TO COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE LEGISLATIVE COMPENSATION AND AN IN-DISTRICT LEGISLATIVE SERVICE ALLOWANCE OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS, AND TO PROVIDE THAT THE MEMBERS' SALARY SHALL BE ADJUSTED EVERY TWO YEARS BY AN INFLATION FACTOR NOT TO EXCEED FIVE PERCENT; AND BY AMENDING SECTION 9-9-10, RELATING TO DEFINITIONS CONCERNING THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EARNABLE COMPENSATION FOR THE PURPOSES OF CALCULATING BENEFITS IS LIMITED TO ONLY THE MEMBERS' SALARY AS PROVIDED BY LAW.
Rep. STAVRINAKIS moved to adjourn debate on the Bill, which was agreed to.
The SPEAKER granted Rep. GATCH a leave of absence for the remainder of the day.
Rep. B. NEWTON moved to reconsider the vote wherebydebate was adjourned on the Senate Amendments to the following Bill, which was agreed to: H. 3021 (Word version) -- Reps. Bradley, G. M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M. M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
The Senate Amendments to the following Bill were taken up for consideration: H. 3021 (Word version) -- Reps. Bradley, G. M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M. M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
Rep. BRADLEY proposed the following Amendment No. 3A to
H. 3021 (Word version) (LC-3021.WAB0006H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 1-23-115(B)(2) and inserting:
(2) In addition to the requirements of item (1), if the final assessment report indicates that the regulation's economic impact is estimated to equal or exceed tenone million dollars over five years, then the Senate and the House of Representatives are required to approve the regulation by a joint resolution.
Amend the bill further, SECTION 7, by striking Section 1-23-810(C) and (D) and inserting:
(C) Failure to complete the formal review within ninety days of the missed deadline for compliance results in the agency being prohibited to file any proposed new regulations except for emergency regulations or regulations to comply with federal law. The prohibition remains in effect until the formal review is completed.If the agency fails to complete the required formal review within ninety days after the missed deadline, and the General Assembly has not granted a waiver by concurrent resolution, the agency becomes subject to a Modernization Review pursuant to this section.
(D) Upon a finding of good cause shown by the agency, the General Assembly by concurrent resolution may waive the prohibition in subsection (C). Any waiver granted under this subsection must specify its duration and not exceed one hundred eighty days.The General Assembly, by concurrent resolution, may waive the application of subsection (C) to an agency. Any waiver granted pursuant to this subsection must specify the duration of the waiver.
(E) A Modernization Review may be initiated upon a two-thirds vote of any of the following:
(1) the House Legislative Oversight Committee;
(2) the Senate committee exercising oversight jurisdiction over the agency;
(3) the House Regulations and Administrative Procedures Committee;
(4) the standing committee of the House of Representatives having subject matter jurisdiction over the agency or regulatory program; or
(5) the standing committee of the Senate having subject matter jurisdiction over the agency or regulatory program.
(F) A Modernization Review also may be initiated by joint resolution of the General Assembly.
(G) A Modernization Review initiated pursuant to this section may apply to:
(1) a single regulation;
(2) a group or category of regulations; (3) an article or chapter of regulations;
(4) a regulatory program; or
(5) the entirety of an agency's regulatory framework.
(H) Upon initiation of a Modernization Review:
(1) if the identified regulations have not undergone formal review by the Legislative Audit Council within the preceding five years, the Legislative Audit Council shall prioritize the agency and complete the formal review within one year;
(2) the three-year automatic expiration period provided in subsection (J) is tolled during the pendency of the Legislative Audit Council's formal review;
(3) the agency shall re-promulgate the identified regulations pursuant to the requirements of this article, including notice of drafting, publication in the State Register, public comment, submission to the Small Business Regulatory Review Committee, legislative review, and final promulgation procedures; and
(4) the Small Business Regulatory Review Committee shall submit written comments and recommendations regarding the identified regulations during the re-promulgation process.
(I) Regulations subject to a Modernization Review must proceed through the full re-promulgation process notwithstanding any prior approval, expiration date, or prior exemption from review requirements.
(J) Unless extended by joint resolution of the General Assembly, regulations subject to a Modernization Review automatically expires three years after initiation of the Modernization Review if:
(1) the agency fails to complete the required re-promulgation process; or
(2) the regulations are not otherwise reauthorized by act or joint resolution of the General Assembly.
(K) Upon automatic expiration pursuant to this section, the identified regulations are void and of no further force or effect.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 1-23-110(A)(3)(e) of the S.C. Code is amended to read:
(e) a preliminary fiscal impact statement prepared by the agency reflecting estimates of costs to be incurred by the State and its political subdivisions in complying with the proposed regulation. A preliminary fiscal impact statement is not required for those regulations which are not subject to General Assembly review under Section 1-23-120. Agencies must publish backup documentation showing the methodology used in preparing the preliminary fiscal impact statement, and must include all calculations, assumptions, methodologies, and supporting materials relied upon by the agency in preparing the statement. The agency shall publish the fiscal impact statement and all supporting materials concurrently with the notice of drafting or promulgation of the regulation. If the preliminary fiscal impact statement is estimated to be greater than one million dollars over five years, the agency must submit its work to the Revenue and Fiscal Affairs office who shall prepare a final fiscal impact statement to be included with the regulation;
Amend the bill further, SECTION 10, by striking Section 1-23-280(C) and inserting:
(C) In addition, the Chairman of the Senate Labor, Commerce and Industry Committee of the South Carolina Senate, the Chairman of Senate Agriculture and Natural Resources Committee, the Chairman of the House of Representatives Agriculture, the Chairman of the Senate Natural Resources and Environmental Affairs Committee, and the Chairman of the House of Representatives Labor, Commerce and Industry Committee of the South Carolina House of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. During the committee review process, the director or his designee, of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam 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 Jones Jordan 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 Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The following Bill was taken up:
S. 832 (Word version) -- Senators Sutton, Graham, Goldfinch and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 53-1-20, RELATING TO COLLEGE AND UNIVERSITY CAMPUSES EXEMPT FROM THE PROHIBITION ON SUNDAY PUBLIC SPORTS, SO AS TO DEFINE TERMS PERTAINING TO CAMPUS EVENTS AND LAND USE APPROVAL, TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY PROHIBIT, RESTRICT, CONDITION, DELAY, OR REQUIRE LAND USE APPROVAL FOR EVENTS HELD ON THE CAMPUS OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING BASED ON ZONING ORDINANCES OR LAND USE CLASSIFICATIONS, AND TO CLARIFY THE APPLICATION OF GENERALLY APPLICABLE SAFETY LAWS.
Rep. GILLIARD moved to adjourn debate on the Bill, which was agreed to.
Rep. B. NEWTON moved that the House recur to the morning hour, which was agreed to.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1175 (Word version) -- Senator Devine: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 176 FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 16 TO THE COLUMBIA CANAL IN RICHLAND COUNTY "DR. JASPER SALMOND HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS CONTAINING THESE WORDS AT THIS LOCATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5701 (Word version) -- Reps. Kilmartin, 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, 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 COLUMBIA EVANGELICAL CHURCH FOR ITS MISSION IN SOUTH CAROLINA AND TO CONGRATULATE PASTOR CALEB COLLINS AND THE CONGREGATION UPON THE SEVENTY-FIFTH ANNIVERSARY OF WORSHIP OF THEIR GOD AND MINISTRY LOCALLY AND AROUND THE WORLD.
The Resolution was adopted.
The following was introduced: H. 5702 (Word version) -- Reps. Herbkersman, 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, 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 CONGRATULATE THE HONORABLE PHILIP EDWARD "BRAVE" DAVIS, K.C., ON HIS RE-ELECTION AS PRIME MINISTER OF THE BAHAMAS AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following Bill was taken up: S. 922 (Word version) -- Senators Massey, Alexander, Hutto, Campsen, Leber and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-210, RELATING TO FILLING VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO PROVIDE FOR WHEN THE GOVERNOR MAY MAKE AN INTERIM APPOINTMENT; BY AMENDING SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE ELECTION COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT CABINET MEMBERS WILL SERVE COTERMINOUS WITH THE GOVERNOR THAT APPOINTS THEM; BY AMENDING SECTION 1-13-40, RELATING TO THE COMMISSION ON HUMAN AFFAIRS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-15-10, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-31-10, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 6-19-30, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-1-370, RELATING TO THE ADVISORY COMMITTEE OF THE DIVISION OF STATE DEVELOPMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-19-10, RELATING TO THE MIDLANDS AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-21-10, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 38-89-160, RELATING TO THE DAY CARE JOINT UNDERWRITING ASSOCIATION BOARD OF DIRECTORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-7-10, RELATING TO THE BOARD OF BARBER EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-13-10, RELATING TO THE BOARD OF COSMETOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-20-40, RELATING TO THE PANEL FOR DIETETICS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-30-40, RELATING TO THE BOARD OF MASSAGE THERAPY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-35-10, RELATING TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-47-11, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-51-30, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-57-40, RELATING TO THE REAL ESTATE COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-59-10, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-60-10, RELATING TO THE REAL ESTATE APPRAISERS BOARD, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-63-10, RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-67-10, RELATING TO THE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-69-10, RELATING TO THE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 43-31-40, RELATING TO THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-43-1320, RELATING TO DONATE LIFE SOUTH CAROLINA, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-53-830, RELATING TO THE DARE FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-41-260, RELATING TO THE AGRICULTURAL COMMODITIES ADVISORY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-50-40, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 48-23-10, RELATING TO THE COMMISSION OF FORESTRY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 50-5-2700, RELATING TO THE ATLANTIC STATES MARINE FISHERIES COMPACT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 51-13-1720, RELATING TO THE OLD JACKSONBOROUGH HISTORIC DISTRICT BOARD OF REGENTS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 54-17-30, RELATING TO THE MARITIME SECURITY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-11-40, RELATING TO THE COMMISSION OF ARCHIVES AND HISTORY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-15-20, RELATING TO THE ARTS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; AND BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE.
The Committee on Judiciary proposed the following Amendment
No. 1 to S. 922 (Word version) (LC-922.HDB0001H), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 from the bill.
Amend the bill further, by deleting SECTIONS 39 and 40 from the bill.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 15-32-220(E) of the S.C. Code is amended to read:
(E) The limitations for noneconomic damages rendered against any health carehealthcare provider or health carehealthcare institution do not apply if the jury or court determines by clear and convincing evidence that the defendant was grossly negligent, wilful, wanton, or reckless, and such conduct was the proximate cause of the claimant's noneconomic damages, or if the defendant has engaged in fraud or misrepresentation related to the claim, or if the defendant altered or destroyed medical records with the purpose of avoiding a claim or liability to the claimant:
(1) acted in a wilful, wanton, or reckless manner;
(2) has pled guilty to or been convicted of a felony arising out of the same course of conduct complained of by the plaintiff and that the act or course of conduct is a proximate cause of the plaintiff's damages;
(3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially and appreciably impaired; or
(4) the defendant has engaged in fraud or misrepresentation related to the claim.
SECTION X. Section 15-78-30(g) of the S.C. Code is amended to read:
(g) "Occurrence" means an unfolding sequence of events which proximately flow from a single act of negligence. For purposes of this chapter, where multiple acts or omissions constituting negligence occur without a break in the causal chain, and result in substantially the same injury, harm, or damages, such acts or omissions shall be deemed a single occurrence, regardless of whether committed by one or more individuals or entities.
SECTION X. Section 15-78-120 of the S.C. Code is amended to read:
Section 15-78-120. (a)(A) For any action or claim for damages brought under the provisions of this chapter, the liability shall not exceed the following limits:
(1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three six hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six one million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one two million two four hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one two million two four hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(5) The provisions of Section 15-78-120(a)(3) and (a)(4) shall in no way limit or modify the liability of a licensed physician or dentist, acting within the scope of his profession, with respect to any action or claim brought hereunder which involved services for which the physician or dentist was paid, should have been paid, or expected to be paid at the time of the rendering of the services from any source other than the salary appropriated by the governmental entity or fees received from any practice plan authorized by the employer whether or not the practice plan is incorporated and registered with the Secretary of State.
(b)(B) No award for damages under this chapter shall include punitive or exemplary damages or interest prior to judgment.
(c)(C) In any claim, action, or proceeding to enforce a provision of this chapter, the signature of an attorney or party constitutes a certificate by him that he has read the pleading, motion, or other paper; that to the best of his knowledge, information, and belief formed after reasonable inquiry it is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney's fee.
SECTION X. Section 33-56-180 of the S.C. Code is amended to read:
Section 33-56-180. (A) A person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may recover in an action brought against the charitable organization only the actual damages he sustains in an amount not exceeding the limitations on liability imposed in the South Carolina Tort Claims Act in Chapter 78 of Title 15. An action against the charitable organization pursuant to this section constitutes a complete bar to any recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim unless it is alleged and proved by clear and convincing evidence in the action that the employee:
(1) acted in a reckless, wilful, or grossly negligentwanton manner,;
(2) has pled guilty to or been convicted of a felony arising out of the same act or course of conduct complained of by the plaintiff and that the act or course of conduct is a proximate cause of the plaintiff's damages;
(3) acted or failed to act while under the influence of alcohol or drugs to the degree that his judgment was materially or appreciably impaired; or
(4) the employee has engaged in fraud or misrepresentation related to the claim.
(B) and the The employee must be joined properly as a party defendant. A judgment against an employee of a charitable organization may not be returned unless a specific finding is made that the conduct of the employee acted in a reckless, wilful, or grossly negligent manner falls within one or more of the four categories set forth above. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it reasonably can be determined.
(B)(C) If the actual damages from the injury or death giving rise to the action arose from the use or operation of a motor vehicle and exceed two hundred fifty thousand dollars, this section does not prevent the injured person from recovering benefits pursuant to Section 38-77-160 but in an amount not to exceed the limits of the uninsured or underinsured coverage.
SECTION X. The amendment to Section 15-32-220(E) which eliminated the "gross negligence" exception to the limitation on medical malpractice damages creates consistency with the Solicitation of Charitable Funds Act damage limitation exceptions and avoids duplicative exceptions where the misconduct in question is covered by another exception.
Amend the bill further, by striking SECTION 44 and inserting:
SECTION 44. This act takes effect upon approval by the Governor, and applies only to causes of action or claims arising or accruing thereafter.
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:
Alexander Anderson Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Brittain Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Harris Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. Johnson Jordan King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McDaniel McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. MCCRAVY moved to reconsider the vote whereby debate was adjourned on the following Bill:
S. 832 (Word version) -- Senators Sutton, Graham, Goldfinch and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 53-1-20, RELATING TO COLLEGE AND UNIVERSITY CAMPUSES EXEMPT FROM THE PROHIBITION ON SUNDAY PUBLIC SPORTS, SO AS TO DEFINE TERMS PERTAINING TO CAMPUS EVENTS AND LAND USE APPROVAL, TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY PROHIBIT, RESTRICT, CONDITION, DELAY, OR REQUIRE LAND USE APPROVAL FOR EVENTS HELD ON THE CAMPUS OF A STATE-SUPPORTED INSTITUTION OF HIGHER LEARNING BASED ON ZONING ORDINANCES OR LAND USE CLASSIFICATIONS, AND TO CLARIFY THE APPLICATION OF GENERALLY APPLICABLE SAFETY LAWS.
Rep. MCDANIEL moved to table the motion to reconsider.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Jones King Kirby Luck McDaniel Rivers Scott Spann-Wilder Stavrinakis Waters Wetmore Williams
Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Lastinger Lawson Ligon Long Lowe Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Rose Rutherford Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Willis Wooten
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider .
Rep. GRANT demanded the yeas and nays which were taken, resulting as follows:
Bailey Ballentine Bannister Beach Bowers Bradley Brittain Burns Bustos Calhoon 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 McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Henderson-Myers Hosey Jones King Kirby Luck McDaniel J. Moore Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
So, the motion to reconsider was agreed to.
Rep. T. MOORE proposed the following Amendment No. 4 to S. 832 (Word version) (LC-832.SA0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 53-1-20, by adding a subsection to read:
(E)(1) Any event sponsored in an outdoor venue within one thousand feet of a residential neighborhood must provide public notice of the proposed event and must notify any impacted neighborhood association recognized by the applicable municipality at least thirty days before the scheduled vote for approval by the governing board of the institution where the event is proposed to be held pursuant to subsection (C). The affected public and neighborhood associations must be given an opportunity to appear before the governing board of the institution prior to approval of the event.
(2) This subsection applies only to nonathletic events, to events featuring speakers reasonably expected to attract one thousand or more attendees, and to outdoor musical concerts.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
The amendment was then adopted.
Rep. GILLIARD spoke against the Bill.
ACTING SPEAKER HIOTT granted Rep. GUFFEY a leave of absence for the remainder of the day.
ACTING SPEAKER HIOTT granted Rep. SESSIONS a leave of absence for the remainder of the day. Rep. GILLIARD continued speaking.
Rep. MCDANIEL proposed the following Amendment No. 5 to
S. 832 (Word version) (LC-832.SA0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 53-1-20, by adding a subsection to read:
(E) If fifty percent or more of the property owners located within a three-mile radius of the proposed event sign a petition against the land use approval permit, then the county or municipality is prohibited from issuing the permit.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. MCGINNIS moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bailey Ballentine Bannister Beach Bowers Bradley Brittain Burns Bustos Calhoon Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Kirby Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Anderson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Jones King Luck McDaniel J. Moore Rivers Rose Rutherford Scott Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 6 to S. 832 (Word version) (LC-832.DG0002H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 53-1-20, by adding a subsection to read:
(E) Land use approval permits for events are not permitted to be issued for state-supported institutions of higher learning located in York County.
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. MCGINNIS 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 Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins Cox Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lastinger Lawson Ligon Long Lowe Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Schuessler Sessions G. M. Smith M. M. Smith Taylor Terribile Vaughan White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Jones King Kirby Luck McDaniel J. Moore Rivers Rose Rutherford Scott Teeple Waters Wetmore Williams
So, the amendment was tabled.
Rep. BAMBERG 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:
Bailey Ballentine Bannister Beach Bowers Bradley Brittain Burns Calhoon Caskey Chapman Chumley Collins Crawford Cromer Davis Duncan Edgerton Erickson Ford Forrest Frank Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Huff J. E. Johnson Jordan Kilmartin Lastinger Lawson Long Lowe McCabe McCravy McGinnis C. Mitchell Montgomery T. Moore Morgan Moss B. Newton W. Newton Pace Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Terribile White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bustos Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hixon Hosey Jones King Kirby Landing Ligon Luck McDaniel D. Mitchell J. Moore Neese Oremus Pedalino Rivers Rose Rutherford Scott Stavrinakis Taylor Teeple Vaughan Waters Wetmore Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 235 (Word version) -- Senators Kimbrell, Leber and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT PROSTITUTION BY A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-100, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT CERTAIN ACTIONS RELATED TO A PERSON WHO SOLICITS CUSTOMERS FOR A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-110, RELATING TO VIOLATIONS FOR PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT A PERSON FROM SOLICITING A PROTITUTED PERSON.
The Committee on Judiciary proposed the following Amendment
No. 1 to S. 235 (Word version) (LC-235.AHB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90(B)(2), (3), and (4) and inserting:
(3)(2) Procure procure or solicit for the purpose of prostitution;
(4)(3)(2) Expose expose indecently the private person for the purpose of prostitution or other indecency; or
(5)(4)(3) Reside reside in, enter, or remain in any place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation or prostitution; or.
Amend the bill further, SECTION 1, by striking Section 16-15-90(B)(5) and inserting:
(11)(5) Aidaid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.
Amend the bill further, SECTION 1, by striking Section 16-15-90(C) and (D) and inserting:
(C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.
(D) A person who was a minor at the time this section was violated shall not be prosecuted pursuant to this section if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offenseis immune from prosecution under this section if that person was under the age of eighteen at the time of the alleged act.
Amend the bill further, SECTION 1, by striking Section 16-15-90(E)(2) and (3) and inserting:
(2) for a second offense, a fine not exceeding one thousandfive hundred dollars or confinement in prison for a period of not more than ninetysixty days, or both; or
(3) for a third or any subsequent offense, a fine not exceeding three thousand dollars or confinement for a period of not lessmore than one year, or both.
Amend the bill further, SECTION 1, Section 16-15-90, by adding a subsection to read:
(F) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.
Amend the bill further, SECTION 1, by striking Section 16-15-100(A)(2) and inserting:
(2) "Sexual grooming" means a person's attempt to gradually establish an emotional connection with a minor or members of a minor's family to lessen the minor'sanother person to lessen their inhibitions to engage in sexual activities with or at the direction of the person.
Amend the bill further, SECTION 1, by striking Section 16-15-100(B) and (C) and inserting:
(B) It shall further be unlawful to:
(1) Procure a female inmate for a house of prostitution ;
(2) (1) procure, recruit, sexually groom, cause, Cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to come into or leave this State or to enter, remain, or reside an inmate ofin a house ofplace, structure, building, vehicle, trailer, or conveyance for the purpose ofwith the intent to commit and act of prostitution;
(3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;
(4) (2)Receive receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any female person to become a prostitute or an inmate in a house of prostitution;
(5)(3) Accept accept or receive knowingly any money or other thing of value without consideration from a prostitute; or
(4) keep or set up a trailer, place, structure, building, or any other conveyance to facilitate prostitution;
(5) receive any person for purposes of prostitution into any vehicle, conveyance, trailer, place, structure, or building;
(6) permit any person to remain for the purpose of prostitution in any vehicle, conveyance, trailer, place, structure, or building;
(7) direct, take, or transport, offer or agree to direct, take, or transport, or aid or assist in directing, taking, or transporting any person to any vehicle, conveyance, trailer, place, structure, or building or to any other person with knowledge of or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution;
(8) lease or rent, or contract to lease or rent, any vehicle, conveyance, trailer, place, structure, or building or part thereof believingwith actual knowledge or having reasonable cause to believe that it is intended to be used for prostitution;
(9) promote, market, or advertise prostitution on a media platform accessible to the public including, but not limited to, social media platforms; or
(10) Aid,aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.
(C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.
(C)(D) A person who violates this section must be punished as follows:
(1) for a first offense, a fine not exceeding one thousanda person is guilty of misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daysthree years;
(2) for a second offense, a fine not exceedinga person is guilty of a misdemeanor and, upon conviction, must be fined at least threefive thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or bothfive years; or
(3) for a third or any subsequent offense, a fine not exceedingperson is guilty of a felony and, upon conviction, must be fined at least five thousand dollars with a maximum of up to ten thousand dollars orand confinement in prison for a period of not less than fivenot more than ten years, or both.
(E) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.
Amend the bill further, SECTION 1, by striking Section 16-15-110(C)(1), (2), and (3) and inserting:
(1) for a first offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least onetwo thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daystwo years;
(2) for a second offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or boththree years; or
(3) for a third or any subsequent offense, a fine not exceeding tenthe person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars or confinement in prisonwith a maximum fine of up to ten thousand dollars and imprisoned for a period of not lessmore than five years, or both.
Amend the bill further, SECTION 1, Section 16-15-110, by adding a subsection to read:
(D) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 15, Title 16 of the S.C. Code is amended by adding:
Section 16-15-115. (A) When a person who has not previously been convicted of an offense pursuant to Section 16-15-90 or any similar offense under any state or federal statute relating to prostitution pleads guilty to or is found guilty of a violation Section 16-15-90, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that the person cooperate in a treatment and rehabilitation program of a state-supported facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense pursuant to this section. Discharge and dismissal pursuant to this section may occur only once with respect to any person. (B) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (A), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (B)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
(C) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee to the summary court of one hundred fifty dollars. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
Renumber sections to conform.
Amend title to conform.
Rep. J. E. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. PACE proposed the following Amendment No. 2 to S. 235 (Word version) (LC-235.HA0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Section 8-13-100(1)(b) of the S.C. Code is amended to read:
(b) "Anything of value" or "thing of value" does not mean:
(i) printed informational or promotional material, not to exceed ten dollars in monetary value; (ii) items of nominal value, not to exceed ten dollars, containing or displaying promotional material;
(iii) a personalized plaque or trophy with a value that does not exceed one hundred fifty dollars;
(iv) educational material of a nominal value directly related to the public official's, public member's, or public employee's official responsibilities;
(v) an honorary degree bestowed upon a public official, public member, or public employee by a public or private university or college; or
(vi) promotional or marketing items offered to the general public on the same terms and conditions without regard to status as a public official or public employee.; or
(vii) a campaign contribution properly received and reported under the provisions of this chapter.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. J.E. JOHNSON raised Rule 9.3 Point of Order that Amendment No. 2 was not germane to S. 235 (Word version).
ACTING SPEAKER HIOTT sustained the Point of Order.
Rep. PACE proposed the following Amendment No. 3 to S. 235 (Word version) (LC-235.HA0002H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90(A) and inserting:
(A) For the purposes of this section "prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value. For the purposes of this section, any other thing of value shall include a political donation.
Amend the bill further, SECTION 1, by striking Section 16-15-100(A)(1) and inserting:
(1) "Prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value. For the purposes of this section, any other thing of value shall include a political donation.
Amend the bill further, SECTION 1, by striking Section 16-15-110(A) and inserting:
(A) Any person violating any provision of Sections 16-15-90 and 16-15-100 must, upon conviction, be punished as follows:For the purposes of this section "prostitution" means the practice or instance of engaging in sexual activity for money or any other thing of value. For the purposes of this section, any other thing of value shall include a political donation.
(1) for the first offense, a fine not exceeding two hundred dollars or confinement in prison for a period of not more than thirty days;
(2) for the second offense, a fine not exceeding one thousand dollars or imprisonment for not exceeding six months, or both;
(3) for the third or any subsequent offense, a fine not exceeding three thousand dollars or imprisonment for not less than one year, or both.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. RUTHERFORD raised the Rule 9.3 Point of Order that Amendment No. 3 was not germane to S. 235 (Word version).
ACTING SPEAKER HIOTT stated that Amendment No. 3 appeared to try to make a political contribution as thing of value for purposes of prostitution. He stated that the amendment was confusing but he deemed it to be germane. He overruled the Point of Order.
Rep. PACE continued speaking.
Rep. PACE spoke in favor of the amendment.
Rep. PACE moved to table the amendment, which was agreed to.
Rep. RUTHERFORD 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:
Bailey Ballentine Bamberg Bannister Bauer Beach Bowers Bradley Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Haddon Hager Hardee Harris Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Huff J. E. 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 Robbins Rose Sanders Schuessler Scott Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Wetmore White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Rutherford
The following Bill was taken up:
S. 933 (Word version) -- Senators Martin, Corbin, Williams, Jackson, Leber, Hutto, Devine, Graham, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-3-20, RELATING TO COMPENSATION OF MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE LEGISLATIVE COMPENSATION AND AN IN-DISTRICT LEGISLATIVE SERVICE ALLOWANCE OF FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS, AND TO PROVIDE THAT THE MEMBERS' SALARY SHALL BE ADJUSTED EVERY TWO YEARS BY AN INFLATION FACTOR NOT TO EXCEED FIVE PERCENT; AND BY AMENDING SECTION 9-9-10, RELATING TO DEFINITIONS CONCERNING THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EARNABLE COMPENSATION FOR THE PURPOSES OF CALCULATING BENEFITS IS LIMITED TO ONLY THE MEMBERS' SALARY AS PROVIDED BY LAW.
Rep. HIOTT proposed the following Amendment No. 3 to S. 933 (Word version) (LC-933.DG0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 2-3-20, by adding a subsection to read:
(D) For the members of the 128th General Assembly, to be eligible to receive the increased compensation, as compared to the 126th General Assembly, set forth in subsection (A), as adjusted by subsection (C), a member must file a written statement accepting the increase with the Clerk of the House of Representatives or the Clerk of the Senate, as applicable. A member who does not file a statement of acceptance remains entitled to receive compensation in the same amount as a member of the 126th General Assembly received. A member's filing or failure to file a statement of acceptance may not be based on, conditioned upon, or affected by the member's vote for the increase allowed in subsection (A).
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT explained the amendment.
Rep. HIOTT spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Bailey Ballentine Bamberg Bannister Bauer Bradley Brittain Calhoon Chapman Clyburn Cobb-Hunter Collins Cromer Davis Dillard Erickson Ford Forrest Garvin Gilliam Gilliard Grant Guest Guffey Haddon Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey J. E. Johnson Jones Jordan King Kirby Lawson Ligon Long Lowe Luck McCravy McDaniel McGinnis Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rivers Robbins Rose Rutherford Schuessler Scott G. M. Smith Stavrinakis Taylor Teeple Vaughan Waters Wetmore Williams Willis Wooten
Those who voted in the negative are:
Beach Bowers Chumley Duncan Edgerton Frank Gagnon Gibson Gilreath Harris Huff Kilmartin Landing Lastinger Magnuson Martin C. Mitchell D. Mitchell Morgan Pace Rankin Sanders M. M. Smith Terribile White Whitmire
So, the amendment was adopted.
Rep. CROMER proposed the following Amendment No. 4 to S. 933 (Word version) (LC-933.SA0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 2-3-20(A) and inserting:
(A) Beginning with the 128th General Assembly, Members members of the General Assembly shall annually receive as legislative compensation fifteen thousand dollars at a daily renumeration rate in accordance with Article III, Section 9 of the State Constitution and for an in-district legislative service allowance of thirty-two thousand five hundred dollars their services such sum as may be provided by law as adjusted pursuant to subsection (C). and Members of the General Assembly shall also receive mileage at the rate provided for by law for the actual distance traveled in the most direct route going to and returning from their homes on weekend adjournments of the General Assembly at the place where the sessions of the General Assembly are held. The terms of this provision shall be subject to limitations imposed by the State Constitution.
Amend the bill further, SECTION 1, by deleting Section 2-3-20(C) from the bill.
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. KING moved to table the amendment, which was agreed to.
Rep. CROMER proposed the following Amendment No. 5 to S. 933 (Word version) (LC-933.DG0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 2-3-20, by adding a subsection to read:
(D) Notwithstanding the in-district legislative service allowance amount authorized in subsection (A), as adjusted by subsection (C), the full amount is only allowed to the extent that the member may provide receipts for the necessary expenses. Amounts allowed for food and lodging may not exceed the amounts set forth in the annual appropriations act. Any in-district legislative service allowance for which the member cannot provide receipts for the necessary expenses must be returned to the clerk of the appropriate house within thirty days of the end of the calendar year.
Renumber sections to conform.
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. CROMER spoke in favor of the amendment.
Rep. KING moved to table the amendment, which was agreed to.
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 Bradley Brittain Calhoon Caskey Clyburn Cobb-Hunter Cox Crawford Davis Dillard Erickson Garvin Gilliard Govan Grant Guest Hager Hardee Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Holman Hosey J. E. Johnson Jones Jordan King Kirby Lowe Luck McGinnis Montgomery J. Moore Moss W. Newton Pope Rivers Rose Rutherford Schuessler Scott G. M. Smith Stavrinakis Taylor Vaughan Waters Wetmore Williams
Those who voted in the negative are:
Bauer Beach Bowers Chapman Chumley Collins Cromer Duncan Edgerton Ford Forrest Frank Gagnon Gilliam Gilreath Harris Hixon Huff Kilmartin Landing Lastinger Lawson Ligon Long Magnuson Martin McCabe McCravy C. Mitchell D. Mitchell T. Moore Morgan Neese B. Newton Oremus Pace Pedalino Rankin Sanders Sessions M. M. Smith Teeple Terribile White Whitmire Wickensimer Willis Wooten
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HIOTT moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., Wednesday, May 13, 2026
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4804 (Word version):
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
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
Rep. KIRBY 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 May 13, 2026, at 2:40 P.M. and the following Act and Joint Resolution were ratified:
(R. 127, S. 238 (Word version)) -- Senators Alexander, Peeler, Massey and Rankin: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-1-180, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND CONDITIONS FOR EXTENDED SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY CALL THEIR RESPECTIVE BODIES INTO SESSION AFTER THE SINE DIE ADJOURNMENT DATE IF THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION IS NOT COMPLETED BY THE SINE DIE ADJOURNMENT DATE, TO PROVIDE THE TIME PERIOD DURING WHICH THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY BE CALLED BACK TO COMPLETE THOSE MATTERS AND ANY CONFERENCE COMMITTEES APPOINTED ON OR BEFORE THE DATE OF SINE DIE ADJOURNMENT, AND TO PROVIDE FOR THE TOLLING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD THAT THE GENERAL ASSEMBLY HAS TO REVIEW STATE REGULATIONS.
(R. 128, S. 769 (Word version)) -- Senators Peeler, Alexander, Kimbrell, Verdin, Hembree, Turner and Bennett: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2026-2027 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 2026-2027 HAVING BEEN ENACTED, AND TO PROVIDE EXCEPTIONS.
The Senate returned to the House with concurrence the following: H. 5189 (Word version) -- Reps. Pope, Guffey, King, Ligon, Martin, Moss, Sessions and Terribile: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF CHARLOTTE AVENUE IN THE CITY OF ROCK HILL IN YORK COUNTY FROM THE INTERSECTION OF MCDOW DRIVE TO ITS INTERSECTION WITH NORTH AVENUE "OFFICER STEVEN WAYNE JORDAN MEMORIAL STREET" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
H. 5190 (Word version) -- Reps. Pope, Guffey, King, Ligon, Martin, Moss, Sessions and Terribile: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SALUDA STREET IN THE CITY OF ROCK HILL IN YORK COUNTY FROM THE INTERSECTION OF JOHNSTON STREET TO ALBRIGHT ROAD "OFFICER ROBERT MORRIS MCFADDEN MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
H. 5191 (Word version) -- Reps. Pope, Guffey, King, Ligon, Martin, Moss, Sessions and Terribile: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF BLACK STREET IN THE CITY OF ROCK HILL IN YORK COUNTY, FROM ALBRIGHT ROAD TO ORANGE STREET, "DETECTIVE WILLIAM A. SINGLETON MEMORIAL STREET" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
H. 5192 (Word version) -- Reps. Pope, Guffey, King, Ligon, Martin, Moss, Sessions and Terribile: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF JOHNSTON STREET IN THE CITY OF ROCK HILL IN YORK COUNTY FROM THE ON RAMP TO DAVE LYLE BOULEVARD TO SOUTH WILSON STREET "OFFICER ROBERT GILMORE JOHNSTON MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
At 7:36 p.m. the House, in accordance with the motion of Rep. HOSEY, adjourned in memory of Keyshawn Tyreek Jenkins, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, May 13, 2026 at 9:45 P.M.