South Carolina General Assembly
126th Session, 2025-2026
Journal of the Senate

                                                    NO. 17

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2025

_________

WEDNESDAY, FEBRUARY 11, 2026

Wednesday, February 11, 2026
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 1:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

2 Chronicles 1:10a

Solomon begged the Lord God to: "Give me wisdom and knowledge, that I may lead this people."

Let us pray, my friends: It is crystal clear, dear Lord, how blessed we are here in the State of South Carolina for the rich gift of all of our colleges and universities. The institutions themselves, the many dedicated staff members and professors, all of the students of course, together they represent a wealth of grand opportunity and promise for all of our citizens. And may we never lose sight of the fact that each
college and university count on the continuing support of this Senate, and the leadership of each Senator. So may this Body always continue to be unfailingly attuned to the educational needs of this State we all love, granting the promise of special opportunity and hope to our people. In Your wondrous name do we pray, O Lord. Amen.

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

Call of the Senate

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

Adams                     Alexander                 Allen
Bennett                   Blackmon                  Bright
Campsen                   Cash                      Chaplin
Corbin                    Cromer                    Davis
Elliott                   Fernandez                 Gambrell
Garrett                   Goldfinch                 Graham
Hembree                   Jackson                   Johnson
Kennedy                   Kimbrell                  Leber
Martin                    Massey                    Ott
Peeler                    Reichenbach               Rice
Stubbs                    Sutton                    Tedder
Turner                    Verdin                    Walker
Williams                  Young

A quorum being present, the Senate resumed.

Doctor of the Day

Senator CHAPLIN introduced Dr. John Ropp of Darlington, S.C., Doctor of the Day.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 405 (Word version)     Sen. Young
S. 768 (Word version)     Sens. Martin, Leber and Zell
S. 850 (Word version)     Sens. Rice and Stubbs
S. 853 (Word version)     Sens. Sutton and Graham
S. 868 (Word version)     Sens. Rice and Stubbs
S. 915 (Word version)     Sens. Rice and Reichenbach

RECALLED AND ADOPTED

S. 873 (Word version) -- Senator Ott: A SENATE RESOLUTION TO RECOGNIZE AND SUPPORT "INTRODUCE A GIRL TO ENGINEERING DAY"; TO ENCOURAGE THE PARTICIPATION OF STUDENTS, EDUCATORS, ENGINEERS, FAMILIES, AND COMMUNITY PARTNERS ACROSS THE STATE; AND TO DECLARE TUESDAY, FEBRUARY 24, 2026, AS "INTRODUCE A GIRL TO ENGINEERING DAY" IN SOUTH CAROLINA.

Senator DAVIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

The Resolution was recalled from the Committee on Labor, Commerce and Industry.

Senator DAVIS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator DAVIS, the Resolution was adopted.

RECALLED AND ADOPTED

S. 874 (Word version) -- Senator Ott: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE PROFESSIONAL ENGINEERS WHO LIVE AND WORK IN THE GREAT STATE OF SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO HONOR OUR ENGINEERS FOR THEIR MANY CONTRIBUTIONS TO THE PALMETTO STATE'S QUALITY OF LIFE, AND TO DECLARE WEDNESDAY, FEBRUARY 25, 2026, AS "PROFESSIONAL ENGINEERS DAY" IN SOUTH CAROLINA.

Senator DAVIS asked unanimous consent to make a motion to recall the Resolution from the Committee on Labor, Commerce and Industry.

The Resolution was recalled from the Committee on Labor, Commerce and Industry.

Senator DAVIS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator DAVIS, the Resolution was adopted.

RECALLED AND ADOPTED

S. 921 (Word version) -- Senators Alexander, Rankin and Hutto: A CONCURRENT RESOLUTION TO FIX ONE O'CLOCK P.M. ON MARCH 4, 2026, AS THE TIME TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE FIRST CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE THIRD CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE FIFTH CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; AND TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE SEVENTH CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028.

Senator RANKIN asked unanimous consent to make a motion to recall the Resolution from the Committee on Operations and Management.

The Resolution was recalled from the Committee on Operations and Management.

Senator RANKIN asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator RANKIN, the Resolution was adopted and ordered sent to the House.

RECALLED AND ADOPTED

H. 5078 (Word version) -- Reps. Collins, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Bowers, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, 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, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE 250TH ANNIVERSARY ERA OF THE AMERICAN REVOLUTION AND SOUTH CAROLINA'S HISTORIC RELATIONSHIP WITH THE UNITED KINGDOM.

Senator YOUNG asked unanimous consent to make a motion to recall the Resolution from the Committee on Family and Veterans' Services.

The Resolution was recalled from the Committee on Family and Veterans' Services.

Senator YOUNG asked unanimous consent to make a motion to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.

On motion of Senator YOUNG, the Resolution was adopted and ordered sent to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 916 (Word version) -- Senator Sabb: A SENATE RESOLUTION TO CONGRATULATE RUBY COOPER GRAHAM ON THE OCCASION OF HER ONE HUNDRED THIRD BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
sr-0535km-amb26.docx

The Senate Resolution was adopted.

S. 917 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO REMEMBER AND HONOR THE LIFE OF CHERRY LEWIS THOMPSON OF CONWAY AND TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO HER FAMILY AND FRIENDS UPON HER PASSING.
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The Senate Resolution was adopted.

S. 918 (Word version) -- Senator Sutton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-23-1610, RELATING TO DEFINITIONS APPLICABLE TO THE TRANSPORTATION NETWORK COMPANY ACT, SO AS TO REVISE THE DEFINITION OF "PERSONAL VEHICLE"; AND BY AMENDING SECTION 58-23-1610, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "PREARRANGED RIDE."
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Read the first time and referred to the Committee on Transportation.

S. 919 (Word version) -- Senator Rice: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PROTECTION OF MINORS FROM PORNOGRAPHY AND OBSCENITIES ACT" BY AMENDING SECTION 16-15-375, RELATING TO DEFINITIONS APPLICABLE TO THE ARTICLE REGARDING OBSCENITY LAWS, SO AS TO AMEND THE DEFINITIONS OF "HARMFUL TO MINORS" AND "MATERIAL" TO INCLUDE ANY PORTION OF MATERIALS AND PERFORMANCES THAT MAY BE CONSIDERED OBSCENE, AND TO DEFINE THE TERM "PROFANE LANGUAGE"; AND BY AMENDING SECTION 16-15-385, RELATING TO THE OFFENSES OF DISSEMINATING HARMFUL MATERIAL TO MINORS AND EXHIBITING HARMFUL PERFORMANCES TO MINORS, DEFENSES, AND PENALTIES, SO AS TO LIMIT THE AFFIRMATIVE DEFENSE PROVIDED BY THE STATUTE ONLY TO THE TEACHING OF AGE-APPROPRIATE SEX EDUCATION AND HUMAN BIOLOGY CURRICULUM.
lc-0223ahb26.docx

Read the first time and referred to the Committee on Judiciary.

S. 920 (Word version) -- Senator Leber: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE CIRCUMSTANCES THAT MUST BE CONSIDERED WHEN A HEALTH INSURER USES ARTIFICIAL INTELLIGENCE TO MAKE DETERMINATIONS RELATING TO PRIOR AUTHORIZATIONS, TO PROVIDE CERTAIN DISCLOSURES TO ENROLLEES, AND TO PROVIDE DISCIPLINARY ACTIONS FOR VIOLATIONS.
lc-0437dg26.docx

Senator LEBER spoke on the Bill.

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

S. 921 (Word version) -- Senators Alexander, Rankin and Hutto: A CONCURRENT RESOLUTION TO FIX ONE O'CLOCK P.M. ON MARCH 4, 2026, AS THE TIME TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE FIRST CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE THIRD CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE FIFTH CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028; AND TO ELECT A MEMBER TO THE PUBLIC SERVICE COMMISSION FOR THE SEVENTH CONGRESSIONAL DISTRICT FOR A TERM EXPIRING ON JUNE 30, 2028.
sj-0009bj-bj26.docx

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

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.
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Read the first time and referred to the Committee on Judiciary.

S. 923 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO RECOGNIZE AND HONOR EAGLE SCOUTS WILLIE RUDOLPH TOWNES III, DERWYN IKEEM BRAILEY, KHAMARI DAJON CLECKLEY, SEAN ANTONIO NIMMONS, AND MELVIN EDWARD HART JR. UPON THEIR INDUCTION AS EAGLE SCOUTS, TO COMMEND SCOUTING AMERICA TROOPS 500 AND 190 FOR THEIR HISTORIC ACCOMPLISHMENT, AND TO EXPRESS SINCERE GRATITUDE TO SCOUTMASTERS RON MOSLEY AND ERNEST E. NIMMONS FOR THEIR EXEMPLARY LEADERSHIP AND SERVICE.
sr-0536km-vc26.docx

The Senate Resolution was adopted.

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.
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Read the first time and referred to the Committee on Judiciary.

H. 4511 (Word version) -- Rep. Wetmore: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-9-720, RELATING TO SERVICE ON UNKNOWN PARTIES BY PUBLICATION FOR CERTAIN REAL PROPERTY ACTIONS, SO AS TO ALLOW SERVICE BY PUBLICATION TO BE PUBLISHED IN EITHER THE PRINT OR ONLINE VERSION OF A NEWSPAPER OF GENERAL CIRCULATION IN THE APPROPRIATE COUNTY; AND BY AMENDING SECTION 62-3-801, RELATING TO NOTICE TO CREDITORS, SO AS TO ALLOW PUBLICATION ONLINE ON A CENTRALIZED WEBSITE FOR THE SOUTH CAROLINA PROBATE COURT OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE APPROPRIATE COUNTY.
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Read the first time and referred to the Committee on Judiciary.

H. 4586 (Word version) -- Reps. Gilliam, McCravy, C. Mitchell, B. Newton, Pope, Edgerton, Taylor, Schuessler, Teeple, Erickson, Bradley and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 7-15-310, 7-15-610, 8-7-10, AND 63-5-910, ALL RELATING TO ARMED FORCES DEFINITIONS, SO AS TO INCLUDE MEMBERS OF THE UNITED STATES SPACE FORCE AS MEMBERS OF THE ARMED FORCES.
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Read the first time and referred to the Committee on Judiciary.

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.
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Read the first time and referred to the Committee on Medical Affairs.

REPORTS OF STANDING COMMITTEES

Senator HEMBREE from the Committee on Education submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator YOUNG from the Committee on Family and Veterans' Services submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator YOUNG from the Committee on Family and Veterans' Services submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator YOUNG from the Committee on Family and Veterans' Services submitted a favorable report on:

S. 868 (Word version) -- Senators Elliott, Young, Kimbrell, Verdin and Rice: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-335 SO AS TO DESIGNATE JUNE FIRST OF EACH YEAR AS "GOLD SHIELD DAY" TO HONOR FIRST RESPONDERS WHO HAVE BEEN KILLED IN THE LINE OF DUTY AND THE SACRIFICE OF THEIR SURVIVING FAMILIES.

Ordered for consideration tomorrow.

Senator YOUNG from the Committee on Family and Veterans' Services submitted a favorable with amendment report on:

H. 3798 (Word version) -- Reps. Murphy, G.M. Smith, Brewer, T. Moore, Guest, Hager, Yow, C. Mitchell, W. Newton, Lawson, Stavrinakis, Govan, Erickson, Bradley, Weeks, Hart, Williams, Rivers and Gilliard: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 25-1-180 SO AS TO PROVIDE CERTAIN CRITERIA FOR MILITARY CHAPLAINS, AND TO PROVIDE THAT MILITARY CHAPLAINS HAVE THE PRIVILEGE TO REFUSE TO DISCLOSE CERTAIN CONFIDENTIAL COMMUNICATIONS.

Ordered for consideration tomorrow.

Senator HEMBREE from the Committee on Education submitted a favorable with amendment report on:

H. 3974 (Word version) -- Reps. Calhoon, Bernstein, Erickson, Schuessler, Bauer, Guffey and McGinnis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 5 TO CHAPTER 10, TITLE 59 SO AS TO AUTHORIZE EVALUATORS TO EVALUATE PUBLIC SCHOOL STUDENTS FOR HEALTH, BEHAVIORAL HEALTH, OR THERAPEUTIC NEEDS, TO AUTHORIZE PRIVATE PROVIDERS TO PROVIDE RELATED SERVICES AT SCHOOLS DURING THE SCHOOL DAY, TO SPECIFY THESE EVALUATIONS AND SERVICES ONLY MAY OCCUR UPON REQUEST OF THE PARENT OR GUARDIAN OF THE STUDENT, TO PROVIDE SCHOOL DISTRICTS MAY NOT PROHIBIT SUCH EVALUATIONS OR SERVICES IN SCHOOLS DURING THE SCHOOL DAY, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL ADOPT A RELATED MODEL POLICY, TO PROVIDE REQUIREMENTS FOR THE MODEL POLICY, TO PROVIDE SCHOOL DISTRICTS SHALL ADOPT RELATED POLICIES, AND TO DEFINE NECESSARY TERMS.

Ordered for consideration tomorrow.

Senator HEMBREE from the Committee on Education submitted a favorable report on:

H. 4257 (Word version) -- Reps. J.E. Johnson, Lowe, Mitchell, Yow, Brittain, Jordan, B. Newton, Caskey, Gilliam, Rankin, Schuessler, Hayes, Guest, Crawford, Gagnon, McCabe, Pedalino and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-5-65, RELATING TO THE REQUIREMENT THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH A UNIFORM SYSTEM OF COMPULSORY SCHOOL ATTENDANCE ENFORCEMENT, SO AS TO PROVIDE THIS SYSTEM MUST REQUIRE SCHOOL ADMINISTRATORS TO APPROVE STUDENT ABSENCES FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES AUTHORIZED BY THE SCHOOL OR SCHOOL DISTRICT REGARDLESS OF WHETHER THE ACTIVITY IS SANCTIONED BY THE SOUTH CAROLINA HIGH SCHOOL LEAGUE OR OTHER INTERSCHOLASTIC SANCTIONING ORGANIZATION; AND BY AMENDING SECTION 59-65-90, RELATING TO RULES AND REGULATIONS THAT THE STATE BOARD OF EDUCATION SHALL ESTABLISH TO DEFINE LAWFUL AND UNLAWFUL ABSENCES UNDER COMPULSORY ATTENDANCE STATUTES, SO AS TO MAKE CONFORMING CHANGES.

Ordered for consideration tomorrow.

Senator HEMBREE from the Committee on Education submitted a favorable report on:

H. 4902 (Word version) -- Reps. Hiott, G.M. Smith, Bannister, Rutherford, Brittain, Guest, Stavrinakis, Erickson, Caskey, Pope, Collins, B. Newton, Davis, Herbkersman, Hixon, Willis, Reese and Gilliard: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-158-50, RELATING TO AN EXEMPTION OF AN INTERCOLLEGIATE ATHLETE'S NAME, IMAGE, AND LIKENESS COMPENSATION CONTRACT DOCUMENTATION MAINTAINED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING FROM PUBLIC DISCLOSURE UNDER THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT, SO AS TO REMOVE AN EXCEPTION TO THE EXEMPTION, AND TO PROVIDE THAT RECORDS OF AGGREGATE REVENUE FUNDS EXPENDED FOR INTERCOLLEGIATE ATHLETICS REVENUE-SHARING PROGRAMS BY A PUBLIC INSTITUTION OF HIGHER LEARNING EACH FISCAL YEAR ARE SUBJECT TO THE SOUTH CAROLINA FREEDOM OF INFORMATION ACT SUBJECT TO EXCEPTIONS FROM SUCH DISCLOSURE FOR INDIVIDUAL ATHLETE PAYMENTS, SPORT-SPECIFIC ALLOCATIONS, AND NEGOTIATION RECORDS.

Ordered for consideration tomorrow.

Appointments Reported

Senator HEMBREE from the Committee on Education submitted a favorable report on:

Statewide Appointments

Initial Appointment, South Carolina Commission on Archives and History, with term coterminous with Governor
At-Large:
Elisabeth K. McNiel, 937 East Main Street, Bennettsville, SC 29512 VICE William L. Kinney, Jr. (deceased)

Received as information.

Reappointment, South Carolina Arts Commission, with the term to commence June 30, 2025, and to expire June 30, 2028
At-Large:
Bhavna Vasudeva, 4 Enclave Court, Columbia, SC 29223

Received as information.

Appointment Reported

Senator MARTIN from the Committee on Corrections and Penology submitted a favorable report on:

Statewide Appointment

Initial Appointment, Juvenile Parole Board, with the term to commence June 30, 2023, and to expire June 30, 2027
At-Large:
Marc P. Embler, Ed.D., 410 Cherokee Drive, Greenville, SC 29615 VICE Kenneth D. McKellar (deceased)

Received as information.

HOUSE CONCURRENCES

S. 908 (Word version) -- Senators Young, Massey, Hutto, Adams, Alexander, Allen, Bennett, Blackmon, Bright, Campsen, Cash, Chaplin, Climer, Corbin, Cromer, Davis, Devine, Elliott, Fernandez, Gambrell, Garrett, Goldfinch, Graham, Grooms, Hembree, Jackson, Johnson, Kennedy, Kimbrell, Leber, Martin, Matthews, Ott, Peeler, Rankin, Reichenbach, Rice, Sabb, Stubbs, Sutton, Tedder, Turner, Verdin, Walker, Williams and Zell: A CONCURRENT RESOLUTION TO CONGRATULATE COACH MICHAEL "MIKE" CARLISLE UPON HIS INDUCTION INTO THE SOUTH CAROLINA GOLF HALL OF FAME.

Returned with concurrence.

Received as information.

S. 910 (Word version) -- Senator Stubbs: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE RETIRED MASTER SERGEANT ALFONSO J. BOYD FOR BEING NAMED THE 2025-2026 SOUTH CAROLINA VETERAN OF THE YEAR FOR HIS MANY YEARS OF DISTINGUISHED SERVICE TO CHESTER COUNTY, THE STATE OF SOUTH CAROLINA, AND THE NATION.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

CARRIED OVER

S. 76 (Word version) -- Senators Hembree, Grooms, Young, Goldfinch, Sabb, Alexander, Kennedy, Cromer, Zell, Williams and Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-8-230, RELATING TO DEFINITIONS, SO AS TO PROVIDE APPROPRIATE DEFINITIONS; BY AMENDING SECTION 16-8-240, RELATING TO USE OF OR THREAT OF PHYSICAL VIOLENCE BY CRIMINAL GANG MEMBERS AND PENALTIES, SO AS TO ESTABLISH UNLAWFUL CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-245 SO AS TO PROVIDE ADMISSIBILITY OF CRIMINAL GANG AND CRIMINAL GANG ACTIVITY EVIDENCE DURING A TRIAL OR PROCEEDING; BY AMENDING SECTION 16-8-250, RELATING TO PREVENTING WITNESSES OR VICTIMS FROM TESTIFYING AND PENALTIES, SO AS TO PROVIDE A MECHANISM TO ABATE A PUBLIC NUISANCE OF REAL PROPERTY USED BY A CRIMINAL GANG; BY ADDING SECTION 16-8-275 SO AS TO PROVIDE ADMISSIBILITY IN A CRIMINAL PROCEEDING OF THE ACCUSED'S COMMISSION OF CRIMINAL GANG ACTIVITY; BY ADDING SECTION 16-8-520 SO AS TO PROVIDE APPROPRIATE DEFINITIONS FOR THE ANTI-RACKETEERING ACT; BY ADDING SECTION 16-8-530 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO ENGAGE IN RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-540 SO AS TO PROVIDE CRIMINAL PENALTIES FOR ENGAGING IN RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-550 SO AS TO PROVIDE THAT THE CIRCUIT COURT MAY ENJOIN VIOLATIONS OF THE ANTI-RACKETEERING ACT BY ISSUING APPROPRIATE ORDERS; BY ADDING SECTION 16-8-560 SO AS TO ESTABLISH JURISDICTION FOR RACKETEERING ACTIVITY; BY ADDING SECTION 16-8-570 SO AS TO PROVIDE PROTECTION FROM DISCLOSURE OF INFORMANTS; AND BY AMENDING SECTION 14-7-1630, RELATING TO JURISDICTION OF JURIES, NOTIFICATION TO IMPANEL JURIES, POWERS AND DUTIES OF IMPANELING AND PRESIDING JUDGES, THE TRANSFER OF INCOMPLETE INVESTIGATIONS, EFFECTIVE DATES AND NOTICE REQUIREMENTS WITH RESPECT TO ORDERS OF JUDGE, AND APPEALS, SO AS TO ADD THE CRIME OF RACKETEERING TO THE JURISDICTION OF THE STATE GRAND JURY.

On motion of Senator HUTTO, the Bill was carried over.

COMMITTEE AMENDMENT ADOPTED
AMENDED, AMENDMENT PROPOSED,
DEBATE INTERRUPTED

S. 768 (Word version) -- Senators Peeler, Alexander, Kimbrell, Verdin, Massey, Hembree, Turner, Williams, Rice, Stubbs, Davis, Garrett, Campsen, Martin, Leber and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-250, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION TO ONE HUNDRED THOUSAND DOLLARS AND TO REDUCE THE AGE ELIGIBILITY TO SIXTY; BY AMENDING SECTION 12-37-266, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-280, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-290, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-220, RELATING TO GENERAL EXEMPTION FROM TAXES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 11-11-150, RELATING TO DEDUCTIONS FOR THE TRUST FUND FOR TAX RELIEF, SO AS TO MAKE A CONFORMING CHANGE; AND BY REPEALING SECTION 12-37-245 RELATING TO THE HOMESTEAD EXEMPTION.

The Senate proceeded to a consideration of the Bill.

The Committee on Finance proposed the following amendment (LC-768.DG0001S), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1.   Article 3, Chapter 37, Title 12 of the S.C. Code is amended by adding:

Section 12-37-253.   (A) Any eligible person may claim an exemption from county, municipal, school and special assessment real property equal to one hundred fifty thousand dollars of the fair market value on the person's dwelling place. A person may not claim this exemption and the exemption set forth in Section 12-37-250 and a person must be eligible for this exemption to claim the exemption set forth in Section 12-37-250. For purposes of eligibility, application, and reimbursement, this exemption must be administered in the same manner as the exemption allowed pursuant to Section 12-37-250, including the application of other laws affecting the exemption allowed pursuant to Section 12-37-250, mutatis mutandis. For a person eligible for this exemption pursuant to subsection (B)(1), the previous application for the exemption allowed pursuant to Section 12-37-250 must be considered the application for this exemption.

(B) A person becomes eligible for this additional exemption:

(1) if the person was eligible to claim the exemption pursuant to Section 12-37-250 in property tax year 2025 and remains eligible thereafter; or

(2)(a) when the person meets the requirements of Section 12-37-250(A)(1)(i), (ii), or (iii); and

(b) when the person has been a resident of this State for the entire five property tax years immediately preceding the application.

(C) By ordinance, a governing body of a county may increase the exemption allowed by this section, however, any taxes not collected as a result of the increase in the exemption are not eligible for reimbursement.

SECTION 2.   Section 11-11-150(A) of the S.C. Code is amended by adding:

(6) Section 12-37-270 for the homestead exemption allowed pursuant to Section 12-37-253;

SECTION 3.   Section 12-37-245 of the S.C. Code is repealed.

SECTION 4.   This act takes effect upon approval by the Governor and first applies to property tax years beginning after 2025.

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The question being the adoption of the amendment.

The amendment was adopted.

Senator VERDIN proposed the following amendment (LC-768.DG0003S), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

The question being the adoption of the amendment.

The amendment was adopted.

Senator BENNETT proposed the following amendment (SR-768.KM0002S), which was carried over:

Amend the bill, as and if amended, SECTION 1, by striking Section 12-37-253(A) and (B) and inserting:
  (A) Any eligible person may claim an exemption from county, municipal, school and special assessment real property equal to one hundred fifty thousand dollars of the fair market value on the person's dwelling place. A person may not claim this exemption and the exemption set forth in Section 12-37-250 and a person must be eligible for this exemption to claim the exemption set forth in Section 12-37-250. For purposes of eligibility, application, and reimbursement, this exemption must be administered in the same manner as the exemption allowed pursuant to Section 12-37-250, including the application of other laws affecting the exemption allowed pursuant to Section 12-37-250, mutatis mutandis. For a person eligible for this exemption pursuant to subsection (B)(1), the previous application for the exemption allowed pursuant to Section 12-37-250 must be considered the application for this exemption.

(B) A person becomes eligible for this additional exemption if the person has been a resident of this State for at least one year and is between eighteen and thirty years old.:

(1) if the person was eligible to claim the exemption pursuant to Section 12-37-250 in property tax year 2025 and remains eligible thereafter; or

(2)(a) when the person meets the requirements of Section 12-37-250(A)(1)(i), (ii), or (iii); and

(b) when the person has been a resident of this State for the entire five property tax years immediately preceding the application.

Amend the bill further, by striking SECTION 2 and inserting:
SECTION X.   Section 12-37-250(A)(1) of the S.C. Code is amended to read:

(A)(1)(a) The first fifty one hundred thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person:

(i) has been a resident of this State for at least one yearfive years and has reached the age of sixty-five years on or before December thirty-first;

(ii) has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons; or

(iii) is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the state agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards.; or

(iv) the person was eligible to claim the exemption provided in this section in property tax year 2025 and remains eligible thereafter.

(b) By ordinance, a governing body of a county may increase the exemption allowed by this section, however, any taxes not collected as a result of the increase in the exemption are not eligible for reimbursement.

SECTION X.   Section 11-11-150(A)(1) and (2) of the S.C. Code is amended to read:

(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:

(1) ReservedSection 12-37-270 for the homestead exemption for persons between the ages of eighteen and thirty, but not including the portion attributable to school operating millage pursuant to Section 12-37-253;

(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled, but not including the portion attributable to school operating millage pursuant to Section 12-37-250;

SECTION X.   Section 12-37-270(A) of the S.C. Code is amended to read:

(A) As provided in Section 11-11-150, there must be credited to the Trust Fund for Tax Relief in a fiscal year an amount sufficient to pay the reimbursement provided by this section. From the trust fund, the department annually shall pay to the county treasurer of the county in which the dwelling is situate for the account of each county, school district, or special district in it a sum equal to the amount of taxes that was not collected for the county, school district, or special district by reason of the exemption provided for in Section 12-37-250 and Section 12-37-253 for the property tax year beginning after 2025. Thereafter, the reimbursement rate shall decrease by ten percentage points each property tax year, calculated from the initial reimbursement rate of one hundred percent, until the reimbursement rate equals fifty percent. The department also annually, from the trust fund, shall pay to the governing body of the municipality in which the dwelling is situate a sum equal to the amount of taxes that was not collected for the municipality by reason of the exemption provided for in Section 12-37-250 and Section 12-37-253 property tax years beginning after 2025. Thereafter, the reimbursement rate shall decrease by ten percentage points each property tax year, calculated from the initial reimbursement rate of one hundred percent, until the reimbursement rate equals fifty percent. However, no reimbursement must be paid pursuant to this section for revenue for school operations not collected because of the exemption allowed pursuant to Section 12-37-250. The county treasurer and municipal governing body shall furnish the department on or before April first following the tax year, or during an extension authorized by the department not to exceed sixty days, an accounting or statement as prescribed by the department that reflects the amount of county, municipal, school district, or special district taxes that was not collected because of the exemption. Funds paid by the department as the result of an erroneous or improper application must be returned to the department for deposit in the general fund of the State.

Renumber sections to conform.

Amend title to conform.

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

Senator BENNETT proposed the following amendment (SR-768.KM0001S), which was proposed:

Amend the bill, as and if amended, SECTION 1, by striking Section 12-37-253(A) and (B) and inserting:
  (A) Any eligible person may claim an exemption from county, municipal, school and special assessment real property equal to one hundred fifty thousand dollars of the fair market value on the person's dwelling place. A person may not claim this exemption and the exemption set forth in Section 12-37-250 and a person must be eligible for this exemption to claim the exemption set forth in Section 12-37-250. For purposes of eligibility, application, and reimbursement, this exemption must be administered in the same manner as the exemption allowed pursuant to Section 12-37-250, including the application of other laws affecting the exemption allowed pursuant to Section 12-37-250, mutatis mutandis. For a person eligible for this exemption pursuant to subsection (B)(1), the previous application for the exemption allowed pursuant to Section 12-37-250 must be considered the application for this exemption.

(B) A person becomes eligible for this additional exemption if the person has been a resident of this State for at least one year and is between eighteen and thirty years old.:

(1) if the person was eligible to claim the exemption pursuant to Section 12-37-250 in property tax year 2025 and remains eligible thereafter; or

(2)(a) when the person meets the requirements of Section 12-37-250(A)(1)(i), (ii), or (iii); and

(b) when the person has been a resident of this State for the entire five property tax years immediately preceding the application.

Amend the bill further, by striking SECTION 2 and inserting:
SECTION X.   Section 12-37-250(A)(1) of the S.C. Code is amended to read:

(A)(1)(a) The first fifty one hundred thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person:

(i) has been a resident of this State for at least one yearfive years and has reached the age of sixty-five years on or before December thirty-first;

(ii) has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons; or

(iii) is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the state agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards.; or

(iv) the person was eligible to claim the exemption provided in this section in property tax year 2025 and remains eligible thereafter.

(b) By ordinance, a governing body of a county may increase the exemption allowed by this section, however, any taxes not collected as a result of the increase in the exemption are not eligible for reimbursement.

SECTION X.   Section 12-37-3140 of the S.C. Code is amended to read:

Section 12-37-3140.   (A)(1) For property tax years beginning after 20062025, the fair market value of real property is its fair market value applicable for the later of:

(a) the base year, as defined in subsection (C)(B) of this section;

(b) December thirty-first of the year in which an assessable transfer of interest has occurred;

(c) as determined on appeal; or

(d) as it may be adjusted as determined in a countywide reassessment program conducted pursuant to Section 12-43-217, but limited to increases in such value as provided in subsection (B)Article 27 of this sectionchapter.

(2) To the fair market value of real property as determined at the time provided in item (1) of this subsection, there must be added the fair market value of subsequent improvements and additions to the property.

(B) Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated on the land and improvements as a whole. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax.

(C)(B) For purposes of determining a "base year" fair market value pursuant to this section, the fair market value of real property is its appraised value applicable for property tax year 2007.

(D)(C) Real property valued by the unit valuation concept is excluded from the limits provided pursuant to subsection (B) of this section.

(E)(D) Value attributable to additions and improvements, and changes in value resulting from assessable transfers of interest occurring in a property tax year are first subject to property tax in the following tax year except as provided pursuant to Section 12-37-670(B).

SECTION X.   Chapter 37, Title 12 of the S.C. Code is amended by adding:

  Article 27

Taxpayer Transparency and Infrastructure Accountability

Section 12-37-3310.   For the purposes of this article, "eligible new growth" means the fair market value of all new construction, improvements, and property subject to an assessable transfer of interest during the preceding year.

Section 12-37-3320.   (A) In conjunction with the quadrennial reassessment, the county auditor in each county shall calculate a certified revenue-neutral rate for each taxing entity with the county. The rate shall be the millage required to generate the same total property tax revenue as the preceding year based solely on the assessed value of preexisting property. The county auditor shall exclude the value of all eligible new growth from the calculation's denominator.

(B) Taxing entities may apply the current millage rate to eligible new growth to capture incremental revenue, which shall be prioritized for infrastructure and emergency services necessitated by the new growth.

Section 12-37-3330.   (A) If a taxing entity proposes a millage exceeding the certified revenue-neutral rate, the taxing entity must provide direct-mail notice to every affected property owner. The notice must include a bill-to-bill comparison of the property owner's taxes at the neutral rate to the proposed rate.

(B) A proposed millage exceeding the certified revenue-neutral rate may not be imposed by a taxing entity without a public, recorded vote following a separate public hearing concerning the proposed rate.

(C) At least thirty days prior to voting to impose a proposed millage in excess of the certified revenue-neutral rate, the taxing entity proposing the excess millage shall hold a public hearing concerning the proposed millage. The date, time, and location of the public hearing must be included in the direct-mail notice required pursuant to subsection (A) and must be posted in a prominent place on the taxing entity's website.

SECTION X.   Section 11-11-150(A)(1) and (2) of the S.C. Code is amended to read:

(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:

(1) ReservedSection 12-37-270 for the homestead exemption for persons between the ages of eighteen and thirty, but not including the portion attributable to school operating millage pursuant to Section 12-37-253;

(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled, but not including the portion attributable to school operating millage pursuant to Section 12-37-250;

SECTION X.   Section 12-37-270(A) of the S.C. Code is amended to read:

(A) As provided in Section 11-11-150, there must be credited to the Trust Fund for Tax Relief in a fiscal year an amount sufficient to pay the reimbursement provided by this section. From the trust fund, the department annually shall pay to the county treasurer of the county in which the dwelling is situate for the account of each county, school district, or special district in it a sum equal to the amount of taxes that was not collected for the county, school district, or special district by reason of the exemption provided for in Section 12-37-250 and Section 12-37-253 for the property tax year beginning after 2025. Thereafter, the reimbursement rate shall decrease by ten percentage points each property tax year, calculated from the initial reimbursement rate of one hundred percent, until the reimbursement rate equals fifty percent. The department also annually, from the trust fund, shall pay to the governing body of the municipality in which the dwelling is situate a sum equal to the amount of taxes that was not collected for the municipality by reason of the exemption provided for in Section 12-37-250 and Section 12-37-253 property tax years beginning after 2025. Thereafter, the reimbursement rate shall decrease by ten percentage points each property tax year, calculated from the initial reimbursement rate of one hundred percent, until the reimbursement rate equals fifty percent. However, no reimbursement must be paid pursuant to this section for revenue for school operations not collected because of the exemption allowed pursuant to Section 12-37-250. The county treasurer and municipal governing body shall furnish the department on or before April first following the tax year, or during an extension authorized by the department not to exceed sixty days, an accounting or statement as prescribed by the department that reflects the amount of county, municipal, school district, or special district taxes that was not collected because of the exemption. Funds paid by the department as the result of an erroneous or improper application must be returned to the department for deposit in the general fund of the State.

Renumber sections to conform.

Amend title to conform.

Senator BENNETT explained the amendment.

Motion Adopted

Senator MASSEY moved to reconsider the vote whereby Amendment No. 1 (LC-768.DG0003S) was adopted.

The motion to reconsider was carried over.

Debate was interrupted by adjournment.

THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

NONCONCURRENCE

S. 405 (Word version) -- Senators Alexander, Martin and Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-85, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO INCREASE THE AGE OF A CHILD UNDER THIS SECTION FROM UNDER THE AGE OF ELEVEN TO UNDER THE AGE OF EIGHTEEN.

The House returned the Bill with amendments, the question being concurrence in the House amendments.

Senator ADAMS explained the amendments.

On motion of Senator ADAMS, with unanimous consent, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.

CONCURRENCE

S. 415 (Word version) -- Senators Young, Elliott, Sutton, Ott, Devine, Reichenbach and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-7-20, RELATING TO CHILDREN'S CODE DEFINITIONS, SO AS TO ADD THE TERM "LICENSED"; BY AMENDING SECTION 63-9-1110, RELATING TO ADOPTION BY A STEPPARENT OR RELATIVE, SO AS TO APPLY TO CHILDREN PLACED WITH RELATIVES OR FICTIVE KIN FOR THE PURPOSE OF ADOPTION; BY AMENDING SECTION 63-7-2320, RELATING TO THE KINSHIP FOSTER CARE PROGRAM, SO AS TO LOWER THE MINIMUM AGE OF A KINSHIP FOSTER PARENT FROM TWENTY-ONE TO EIGHTEEN AND TO ALLOW THE DEPARTMENT TO USE DIFFERENT STANDARDS WHEN LICENSING RELATIVES AND FICTIVE KIN; BY AMENDING SECTION 63-7-2350, RELATING TO RESTRICTIONS ON FOSTER CARE, ADOPTION, OR LEGAL GUARDIAN PLACEMENTS, SO AS TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 63-7-2400, RELATING TO THE NUMBER OF FOSTER CHILDREN WHO MAY BE PLACED IN A FOSTER HOME, SO AS TO REMOVE THERAPEUTIC FOSTER CARE PLACEMENT LIMITATIONS FROM KINSHIP FOSTER CARE PLACEMENTS.

The House returned the Bill with amendments, the question being concurrence in the House amendments.

Senator YOUNG explained the amendments.

On motion of Senator YOUNG, with unanimous consent, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

Motion Adopted

On motion of Senator MASSEY, with unanimous consent, and with Senator BENNETT retaining the floor on S. 768, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator TEDDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Tammy McCottry of Charleston, S.C. Tammy was widely known as "The Media Mogul" and was a media personality, producer, author and community advocate. She was the executive producer and host of "Tammy: Your Story, Your Community" and "The Single Parent Corner." Tammy was a member of Alpha Kappa Alpha Sorority Inc., the Order of the Eastern Star, Unity Chapter No. 370 and the National Association of Television Producers and Executives. She was named one of LinkedIn's 2020 Influential African American Women, served as the 2020 ambassador of N.E.N.O and received the Dr. Martin Luther Kingt Jr. Picture Award. Tammy was a loving mother and devoted community member who will be dearly missed.

ADJOURNMENT

At 5:21 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.

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