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

                                                    NO. 20

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2025

_________

TUESDAY, FEBRUARY 17, 2026

Tuesday, February 17, 2026
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Psalm 29:4

As we are reminded by the Psalmist: "The voice of the Lord is powerful; the voice of the Lord is majestic."

Please join me as we together bow in prayer: Yesterday, as many of us are aware, was yet another Presidents' Day here in this Nation of ours, and we can't help but reflect upon the many leaders we recall hearing speak through the years: leaders at every level serving this land we love. Presidents, of course, and also governors of our State, Senators who have gone before us, so many State leaders currently serving -- even voices of many constituents over the years. Many of those voices have themselves surely inspired us, informed us, touched our hearts. And of course, that leads me this very day to reflect upon the voices of Senators serving here currently. May they, O Lord, all be individuals who unfailingly listen to Your voice above all others, and may You consequently guide them as they in turn lead our State ever forward. May it always be so, dear Lord. Amen.

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

Call of the Senate

Senator CAMPSEN 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
Devine                    Fernandez                 Garrett
Goldfinch                 Graham                    Grooms
Hembree                   Hutto                     Johnson
Kennedy                   Kimbrell                  Leber
Martin                    Massey                    Matthews
Ott                       Peeler                    Reichenbach
Rice                      Sabb                      Stubbs
Sutton                    Tedder                    Turner
Verdin                    Walker                    Williams
Young                     Zell

A quorum being present, the Senate resumed.

Doctor of the Day

Senator GOLDFINCH introduced Dr. George Harnon of Georgetown, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator GRAHAM, at 2:25 P.M., Senator DEVINE was granted a leave of absence for the balance of the day.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 46 (Word version)     Sen. Young
S. 723 (Word version)     Sens. Reichenbach and Rice
S. 868 (Word version)     Sen. Walker
S. 930 (Word version)     Sens. Davis, Blackmon and Turner

Expression of Personal Interest

Senators ALLEN, JACKSON and SABB rose for an Expression of Personal Interest.

Remarks to be Printed

On motion of Senator HUTTO, with unanimous consent, the remarks of Senator ALLEN, JACKSON and SABB, when reduced to writing and made available to the Desk, would be printed in the Journal.

RECALLED AND ADOPTED

S. 926 (Word version) -- Senators Alexander, Adams, Allen, Bennett, 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 SENATE RESOLUTION TO RECOGNIZE MARCH 4, 2026, AS "DISABILITY ADVOCACY DAY" IN SOUTH CAROLINA.
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.

RECALLED

H. 5055 (Word version) -- Reps. Kirby, Cox, Holman, Davis, M.M. Smith, J. Moore, Anderson and Pace: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HARRISTOWN ROAD FROM ITS INTERSECTION WITH MENDELL RIVERS ROAD TO ITS INTERSECTION WITH HARRIS LANE IN THE TOWN OF ST. STEPHEN IN BERKELEY COUNTY "J.B. HARRIS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.

Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 927 (Word version) -- Senator Zell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR WILLIAM DANIEL HANCOCK'S REMARKABLE SELFLESSNESS IN DONATING A KIDNEY TO SAVE THE LIFE OF DOUGLAS LYNN GANT, AND TO COMMEMORATE THE FAITHFULNESS OF GOD IN BRINGING TO FRUITION A PLAN OF HEALING AND HOPE.
sr-0472km-amb26.docx

The Senate Resolution was adopted.

S. 928 (Word version) -- Senator Tedder: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE "GREAT EIGHT" FOOTBALL PLAYERS OF SOUTH CAROLINA STATE UNIVERSITY FOR THEIR HISTORIC LEGACY, ENDURING CONTRIBUTIONS TO COLLEGIATE ATHLETICS, AND THEIR LASTING IMPACT ON THE HISTORICAL FABRIC OF THIS STATE.
sr-0513km-amb26.docx

The Senate Resolution was adopted.

S. 929 (Word version) -- Senator Allen: A SENATE RESOLUTION TO CONGRATULATE BOBBIE HILL UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER FORTY YEARS OF DEDICATED SERVICE, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
sr-0539km-vc26.docx

The Senate Resolution was adopted.

S. 930 (Word version) -- Senators Massey, Davis, Blackmon and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-32-710 SO AS TO DEFINE TERMS RELATED TO CALCULATING MEDICAL EXPENSES FOR DAMAGE AWARDS; BY ADDING SECTION 15-32-720 SO AS TO PROVIDE THAT THE PLAINTIFF HAS THE BURDEN TO PROVE AMOUNT OF HIS DAMAGES ARISING FROM HEALTH CARE TREATMENT OR SERVICES; TO PROVIDE FOR THE EVIDENCE ALLOWED TO PROVE THE AMOUNT OF DAMAGES; TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES BY THE PLAINTIFF, AND TO PROVIDE THAT IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THIS SECTION ABROGATES THE COMMON LAW COLLATERAL SOURCE RULE TO THE EXTENT NECESSARY TO INTRODUCE THE EVIDENCE DESCRIBED IN THIS ACT.
sr-0518km26.docx

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

S. 931 (Word version) -- Senator Hutto: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-16-30, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO EXPAND THE APPLICABILITY OF THE CHAPTER TO INCLUDE SINGLE PRIVATE DWELLING RESIDENCE ELEVATORS; AND BY ADDING SECTION 41-16-35 SO AS TO PROVIDE FOR THE MANDATORY INSPECTION OF THE INSTALLATION, MODIFICATION, OR ALTERATION OF A SINGLE PRIVATE DWELLING RESIDENCE ELEVATOR BEFORE THE ELEVATOR IS PUT INTO SERVICE, TO PROVIDE FOR THE REGISTRATION OF SINGLE PRIVATE DWELLING ELEVATORS, AND TO REQUIRE THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION'S DIRECTOR TO ESTABLISH AND MAINTAIN A DATABASE OF SINGLE PRIVATE DWELLING RESIDENCE ELEVATORS REGISTERED WITH THE DEPARTMENT.
sr-0447km26.docx

Read the first time and referred to the Committee on Labor, Commerce and Industry.

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

READ THE THIRD TIME
SENT TO THE HOUSE

The following Bill was read the third time and ordered sent to the House:

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.

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.

CARRIED OVER

H. 4216 (Word version) -- Reps. Bannister, Pope, G.M. Smith, B. Newton, Hiott, Murphy, Moss, Crawford, Bradley, Hager, M.M. Smith, Bustos, Landing, Lowe, Lawson, B.J. Cox, Jordan, Brittain, Forrest, Neese, Vaughan, Long, Montgomery, Davis, Sessions, C. Mitchell, Gatch, Herbkersman, Schuessler, Caskey, T. Moore, Hewitt, Erickson, Bowers, Gilliam, Teeple, Guest, Bailey, Guffey, Holman, Yow, Ballentine, Martin, Calhoon, Taylor, Hartnett, Robbins, Willis, B.L. Cox, Ligon, Brewer, Gagnon, Hartz, Hixon and Pedalino: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-510, RELATING TO INCOME TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO REDUCE THE INCOME TAX RATE TO A FLAT 3.99 PERCENT AND TO SET FORTH STANDARDS FOR ADDITIONAL REDUCTIONS; BY AMENDING SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO NOT ADOPT THE FEDERAL STANDARD DEDUCTION AND ITEMIZED DEDUCTION; BY AMENDING SECTION 12-6-1140, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO ALLOW FOR A SOUTH CAROLINA INCOME ADJUSTED DEDUCTION (SCIAD); BY AMENDING SECTION 12-6-4910, RELATING TO PERSONS REQUIRED TO FILE A TAX RETURN, SO AS TO MAKE A CONFORMING CHANGE TO THE CALCULATION; AND BY AMENDING SECTION 12-6-1720, RELATING TO ADJUSTMENTS TO THE TAXABLE INCOME OF NONRESIDENT INDIVIDUALS, SO AS TO MAKE A CONFORMING CHANGE.

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

CARRIED OVER

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.

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

AMENDED, READ THE SECOND TIME

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.

The Senate proceeded to consideration of the Bill.

Senator HUTTO proposed the following amendment (SMIN-718.MW0001S), which was adopted:

Amend the bill, as and if amended, SECTION 3, by striking Section 16-11-790(A) and inserting:
  (A) A person who unlawfully detains, occupies, or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony misdemeanor and, upon conviction, must be fined in the discretion of the court not more than one thousand dollars or imprisoned not more than five years thirty days, or both.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 44; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   Blackmon                  Bright
Campsen                   Cash                      Chaplin
Climer                    Corbin                    Cromer
Davis                     Devine                    Elliott
Fernandez                 Gambrell                  Garrett
Goldfinch                 Graham                    Grooms
Hembree                   Hutto                     Jackson
Johnson                   Kennedy                   Leber
Martin                    Massey                    Matthews
Ott                       Peeler                    Rankin
Reichenbach               Rice                      Sabb
Stubbs                    Sutton                    Turner
Verdin                    Walker                    Williams
Young                     Zell

Total--44

NAYS

Total--0

There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.

CARRIED OVER

S. 160 (Word version) -- Senator Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "DIETITIAN LICENSURE COMPACT ACT"; BY ADDING ARTICLE 1 TO CHAPTER 21, TITLE 40, SO AS TO PROVIDE THE PURPOSES, FUNCTIONS, OPERATIONS, AND DEFINITIONS FOR THE COMPACT; BY AMENDING SECTION 40-20-20, RELATING TO DEFINITIONS IN THE DIETETICS LICENSURE ACT, SO AS TO REVISE A DEFINITION; AND BY AMENDING SECTION 40-20-60, RELATING TO APPLICATIONS FOR LICENSURE UNDER THE DIETETICS LICENSURE ACT, SO AS TO REQUIRE CERTAIN CRIMINAL BACKGROUND CHECKS OF APPLICANTS.

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

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

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 Senate proceeded to consideration of the Bill.

The Committee on Education proposed the following amendment (SEDU-70.DB0001S), which was adopted:

Amend the bill, as and if amended, SECTION 1, by striking Section 59-19-720 and inserting:
  Section 59-19-720.   For the purposes of this article, "board member" means a person holding membership, whether by election or appointment, on a board of education, including a charter school board, charter school authorizer board or the South Carolina Charter School District board, other than the State Board of Education.

Amend the bill further, SECTION 1, by striking Section 59-19-730(B)(4) and inserting:
    (4) A local school board may not adopt or follow a code of ethics that prevents its members from freely discussing the policies and actions of the board outside of a board meeting except for matters discussed in executive session. This does not preclude a local school board from adopting a policy in a regularly scheduled meeting that prohibits certain disclosures allowed by law.

Amend the bill further, SECTION 2, by striking Section 59-19-45(A)(1) and (2) and inserting:
(1) The State Board of EducationDepartment shall adopt a model required training program for training local school board members delivered by the Department or the Department's designee(s). Every three years, the State Board of EducationDepartment or the Department's designee(s) shall review the training program as it considers necessary and adopt any necessary revisions.

(2)(a) A local school board shall adopt a local training program applicable to that board within three months after adoption of the model training program by the State Board of Education. A training program must include, at a minimum, the model training program adopted by the State Board of Education.

(b) If the State Board of Education adopts a revision to its training program, then local school boards shall adopt and incorporate the revision into their local training programs within three months of the adoption of the revision by the State Board of Education.

(c) A local school board may only adopt its local training program or any changes to that local training program at a regularly scheduled meeting.

Amend the bill further, SECTION 2, by striking Section 59-19-45(B) and inserting:
  (B) Within one yearsix months of taking office, all persons elected, re-elected, or appointed or reappointed as members of a school district board of trustees after July 1, 1997 regardless of the date of their election, re-election, appointment or reappointment, shall complete successfully the required an orientationa training 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 a districtthe Department or its designee designee(s) and completed by each board member within one year six months after his election, re-election, 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 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 and publish this certification in the minutes of the next regularly scheduled school board meeting.

Amend the bill further, SECTION 3, by striking Section and inserting:
SECTION 3.   Section 59-19-730(A) and Section 59-19-45(A)(1) takes effect upon approval by the Governor but must be completed by December 31, 20252026. The training program pursuant to Section 59-19-45(B) must be offered by a districtthe Department or its designee designee(s) and completed by each board member within one year after the effective date of this act.

Renumber sections to conform.

Amend title to conform.

Senator TURNER explained the amendment.

The amendment was adopted.

The question being the second reading of the Bill.

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

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

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.

The Senate proceeded to consideration of the Bill.

The Committee on Family and Veterans' Services proposed the following amendment (SR-845.QG0001S), which was adopted:

Amend the bill, as and if amended, SECTION 1, by striking Section 63-11-1930(A)(2) and inserting:
    (2) the Director of the South Carolina Department of Health and Environmental Control Public Health;

Renumber sections to conform.

Amend title to conform.

Senator REICHENBACH explained the amendment.

The amendment was adopted.

The question then being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   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
Turner                    Verdin                    Walker
Williams                  Young                     Zell

Total--45

NAYS

Total--0

There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.

CARRIED OVER

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.

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

READ THE SECOND TIME

S. 868 (Word version) -- Senators Elliott, Young, Kimbrell, Verdin, Rice, Stubbs and Walker: 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.

The Senate proceeded to consideration of the Bill.

Senator GAMBRELL explained the Bill.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 45; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   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
Turner                    Verdin                    Walker
Williams                  Young                     Zell

Total--45

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

CARRIED OVER

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.

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

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

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.

The Senate proceeded to consideration of the Bill.

The Committee on Education proposed the following amendment (SEDU-3974.KG0001S), which was adopted:

Amend the bill, as and if amended, SECTION 1, Section 59-10-510, by adding a subsection to read:
  (1) "Private Provider" means a provider who:

(a) renders Applied Behavior Analysis therapy or performs an evaluation or observation pursuant to such therapy, and includes:

(i) board certified behavior analysts;

(ii) board certified assistant behavior analysts;

(iii) board certified behavior analyst-doctoral; and

(iv) registered behavior technicians under the appropriate supervision of a board certified behavior analyst or board certified assistant behavior analyst;

(b) provides or seeks to provide services in a South Carolina public school;

(c) is licensed by this State and in good standing or, if state licensure is not available, is certified by and in good standing with a national certification or accreditation organization; and

(d) is not an employee of a public school district or the State Department of Education.  

Amend the bill further, SECTION 1, Section 59-10-520, by adding a subsection to read:
  (6) Nothing in this article shall be construed to preclude a school district from utilizing certified educators or other district personnel to provide instructional, behavioral, or therapeutic supports to students as otherwise permitted by law.

Amend the bill further, SECTION 1, by striking Section 59-10-530(B)(5)(a) and (b) and inserting:
    (a) the team, committee, or group convened to review the ADA request determines those services appropriate at that time pursuant to Section 59-10-520(1); and

(b) services can be provided in a manner that does not interfere with the delivery of instruction to other students or otherwise prevent a classroom teacher from effectively managing and implementing classroom policies and procedures pursuant to Section 59-10-520(1);

Amend the bill further, SECTION 1, by striking Section 59-10-540 and inserting:
  Section 59-10-540.   The board shall finalize its model policy by January 6, 20262027. Districts must adopt the model policy or develop their own policy that meets the minimum requirements of the model policy and is subject to department approval by July 1, 20262027.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator HUTTO spoke on the Bill.

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

READ THE SECOND TIME

H. 4257 (Word version) -- Reps. J.E. Johnson, Lowe, C. 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.

The Senate proceeded to consideration of the Bill.

Senator TURNER explained the Bill.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 46; Nays 0

AYES

Adams                     Alexander                 Allen
Bennett                   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
Zell

Total--46

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME

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.

The Senate proceeded to consideration of the Bill.

Senator YOUNG explained the Bill.

The question being the second reading of the Bill.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 30; Nays 13

AYES

Adams                     Alexander                 Allen
Blackmon                  Campsen                   Chaplin
Cromer                    Davis                     Elliott
Goldfinch                 Graham                    Grooms
Hembree                   Hutto                     Jackson
Johnson                   Leber                     Matthews
Ott                       Rankin                    Rice
Sabb                      Sutton                    Tedder
Turner                    Verdin                    Walker
Williams                  Young                     Zell

Total--30

NAYS

Bright                    Climer                    Corbin
Fernandez                 Gambrell                  Garrett
Kennedy                   Kimbrell                  Martin
Massey                    Peeler                    Reichenbach
Stubbs

Total--13

The Bill was read the second time, passed and ordered to a third reading.

POINT OF ORDER

S. 619 (Word version) -- Senators Gambrell and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-27-610, RELATING TO PRIORITY OF DISTRIBUTION FOR CLAIMS, SO AS TO ADD FUNDING AGREEMENTS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 697 (Word version) -- Senator Gambrell: A BILL TO TRANSFER THE SOUTH CAROLINA 211 NETWORK TO THE DEPARTMENT OF CONSUMER AFFAIRS; TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 37-6-515 SO AS TO CREATE THE SOUTH CAROLINA 211 NETWORK WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS; AND BY AMENDING SECTION 1-11-770, RELATING TO THE SOUTH CAROLINA 211 NETWORK, SO AS TO MAKE CONFORMING CHANGES.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 780 (Word version) -- Senator Gambrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 37-23-20, RELATING TO HIGH-COST AND CONSUMER HOME LOANS DEFINITIONS, SO AS TO PROVIDE THAT THE CONVENTIONAL MORTGAGE RATE MEANS THE AVERAGE PRIME OFFER RATE.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

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.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 857 (Word version) -- Senator Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-1-20, RELATING TO INSURANCE LAW DEFINITIONS, SO AS TO DEFINE THE TERM "CONTINGENT DEFERRED ANNUITY"; BY AMENDING SECTION 38-69-220, RELATING TO EXCEPTIONS FROM OPERATION OF THE STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES, SO AS TO ADD AN EXCEPTION FOR CERTAIN PROVISIONS OF THE STANDARD NONFORFEITURE LAW FOR INDIVIDUAL DEFERRED ANNUITIES, AND TO PROVIDE THE DEPARTMENT OF INSURANCE MAY PROMULGATE REGULATIONS FOR NONFORFEITURE BENEFITS FOR CONTINGENT DEFERRED ANNUITIES IN THE DISCRETION OF THE DIRECTOR OF THE DEPARTMENT IN CERTAIN CIRCUMSTANCES; AND BY AMENDING SECTION 38-44-20, RELATING TO DEFINITIONS IN THE MANAGING GENERAL AGENTS ACT, SO AS TO MAKE A CONFORMING CHANGE.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

POINT OF ORDER

S. 925 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, RELATING TO NON-INTEREST BEARING NEGOTIABLE ORDER OF WITHDRAWAL (NINOW) ACCOUNTS BY STATE-CHARTERED SAVINGS AND LOAN ASSOCIATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5393, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.

Point of Order

Senator MARTIN raised a Point of Order under Rule 39 that the Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

CARRIED OVER

H. 4959 (Word version) -- Reps. Sanders, 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, 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 AND HONOR THE HEROISM AND SACRIFICE OF PRIVATE CURTIS ADAMS AND THE "WERETH 11," AND TO DESIGNATE DECEMBER 17 OF EACH YEAR AS "WERETH 11 REMEMBRANCE DAY" IN SOUTH CAROLINA.

On motion of Senator YOUNG, the Resolution was carried over.

Motion Adopted

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

MOTION ADOPTED

On motion of Senator GOLDFINCH, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Vince Curtis Weaver of Murrells Inlet, S.C. Vince retired from the South Carolina Army National Guard as a Command Sergeant Major with over thirty-five years of service. He worked for the United States Postal Service as Georgetown's Assistant Postmaster before retiring and was a civil process server for the Georgetown County Sheriff's office for twenty years. Vince was a member of the American Legion Post 14 and Master Mason with the Winyah Masonic Lodge. He was a lifelong member of First Baptist Church of Georgetown where he served as a deacon, an usher and on other various committees. Vince was a loving father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 2:43 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.

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