NO. 29
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:45 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Joel 1:4
Early on in the book of Joel we find these lines: "What the cutting locust left, the swarming locust has eaten. What the swarming locust left, the hopping locust has eaten, and what the hopping locust left, the destroying locust has eaten."
Bow in prayer with me, please: Clearly, most Holy God, Joel catches our attention as he tells about what had to be a catastrophic disaster there in ancient Judah. And this description of ecological devastation by swarm after swarm of locusts leads us to think about how delicate the balance is here in our own world: with issues of polluted waterways, worries about the very air we breathe, sea level rise, weather extremes. Seemingly, the lists of possible ecological disasters appear endless. But it is issues like these which these Senators and other leaders have to confront almost routinely these days. Continue to bless them, O Lord, caring stewards that they are called to be, working diligently to make the world as safe as possible for us, for our children, and for our children's children. And especially be with Senator Jackson and his family as they deal with several major concerns this very morning. In Your blessed name we pray, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
On motion of Senator MASSEY, the Senate agreed that the Senate would reconvene one hour after the conclusion of the Joint Assembly.
At 11:55 A.M., on motion of Senator MASSEY, the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
Pursuant to Section 2-19-90, Wednesday, March 4, 2026, at 12:00 noon, is set for the time to elect judges by the General Assembly in Joint Session for seats as reported by the Judicial Merit Selection Commission.
S. 921 (Word version) -- Senators Alexander, Rankin and Hutto: A CONCURRENT RESOLUTION TO FIX ONE 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.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Court of Appeals, Seat 7.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Stephanie P. McDonald had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Stephanie P. McDonald in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Stephanie P. McDonald was elected to the position of Judge, Court of Appeals, Seat 7 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Will Wheeler had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Will Wheeler in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Alexander Allen Bennett Blackmon Campsen Devine Elliott Gambrell Graham Hembree Hutto Jackson Massey Matthews Ott Peeler Rankin Sabb Sutton Tedder Verdin Walker Williams Young Zell
The following named Senators voted in the negative:
Adams Bright Cash Climer Corbin Cromer Garrett Goldfinch Grooms Johnson Kennedy Kimbrell Leber Martin Reichenbach Rice Stubbs Turner
The following named Senator abstained:
Fernandez
On the motion of Representative Hiott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Brewer Brittain Calhoon Caskey Chumley Clyburn Cobb-Hunter Collins Cox Davis Dillard Erickson Forrest Gagnon Garvin Gilliam Gilliard Govan Grant Guest Guffey Hager Hart Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Howard J. E. Johnson J. L. Johnson Jones Jordan King Kirby Ligon Lowe Luck Martin McDaniel C. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Pedalino Pope Reese Rivers Robbins Rose Rutherford Schuessler Scott Sessions G. M. Smith Stavrinakis Taylor Waters Weeks Wetmore Wickensimer Williams Willis Wooten Yow
The following named Representatives voted in the negative:
Beach Bowers Burns Bustos Chapman Cromer Duncan Edgerton Ford Frank Gibson Gilreath Harris Hartnett Huff Kilmartin Landing Lastinger Long Magnuson McCabe McCravy McGinnis D. Mitchell Morgan Oremus Pace Rankin Sanders M. M. Smith Teeple Terribile Vaughan White Whitmire
Total number of Senators voting 43
Total number of Representatives voting 117
Grand Total 160
Necessary to a choice 81
Ayes 107
Nays 53
Whereupon, the PRESIDENT announced that the Honorable Will Wheeler was elected to the position of Judge, Circuit Court, 3rd Judicial Circuit, Seat 2 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Debbie McCaslin had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Debbie McCaslin in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Debbie McCaslin was elected to the position of Judge, Circuit Court, 11th Judicial Circuit, Seat 3 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 12th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable H. Steven DeBarry IV had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable H. Steven DeBarry IV in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable H. Steven DeBarry IV was elected to the position of Judge, Circuit Court, 12th Judicial Circuit, Seat 3 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, 16th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Melissa A. Inzerillo and Misti Shelton had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Melissa A. Inzerillo was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Misti Shelton in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Misti Shelton was elected to the position of Judge, Circuit Court, 16th Judicial Circuit, Seat 2 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Circuit Court, at-large, Seat 5.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Milton G. Kimpson had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Milton G. Kimpson in nomination, moved that the nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Milton G. Kimpson was elected to the position of Judge, Circuit Court, at-large, Seat 5 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 3rd Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that E. Thompson Kinney had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of E. Thompson Kinney in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable E. Thompson Kinney was elected to the position of Judge, Family Court, 3rd Judicial Circuit, Seat 2 for the term to expire June 30, 2031.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 4th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Elizabeth Biggerstaff York had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Elizabeth Biggerstaff York in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable the Honorable Elizabeth Biggerstaff York was elected to the position of Judge, Family Court, 4th Judicial Circuit, Seat 3 for the term to expire June 30, 2032.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 6th Judicial Circuit, Seat 2.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Debra A. Matthews had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Debra A. Matthews in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable the Honorable Debra A. Matthews was elected to the position of Judge, Family Court, 6th Judicial Circuit, Seat 2 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat 5.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Spiros Stavros Ferderigos had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Honorable Spiros Stavros Ferderigos in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Spiros Stavros Ferderigos was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat 5 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 9th Judicial Circuit, Seat 7.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Marissa K. Jacobson had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of Marissa K. Jacobson in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Marissa K. Jacobson was elected to the position of Judge, Family Court, 9th Judicial Circuit, Seat 7 for the term to begin July 1, 2026, and to expire June 30, 2032.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 11th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Elnora Jones Dean and Rebecca West had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Elnora Jones Dean was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Rebecca West in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Adams Alexander Allen Bennett Blackmon Campsen Cromer Devine Elliott Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Massey Ott Peeler Rankin Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The following named Senators voted in the negative:
Bright Climer Corbin Leber Martin Matthews Reichenbach Rice
The following named Senator abstained:
Fernandez
On the motion of Representative Hiott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Alexander Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Bradley Brewer Brittain Calhoon Caskey Clyburn Cobb-Hunter Collins Cox Crawford Davis Dillard Duncan Erickson Forrest Gagnon Garvin Govan Grant Guest Guffey Hager Hardee Hartz Hayes Henderson-Myers Herbkersman Hewitt Holman Hosey J. E. Johnson Jordan Kirby Lastinger Lawson Lowe Luck Martin C. Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Pedalino Pope Robbins Rose Rutherford Schuessler Scott Sessions G. M. Smith Stavrinakis Taylor Waters Weeks Wetmore Wickensimer Williams Wooten Yow
The following named Representatives voted in the negative:
Anderson Beach Bowers Burns Chumley Cromer Edgerton Ford Frank Gibson Gilliam Gilliard Gilreath Harris Hiott Hixon Howard Huff J. L. Johnson Jones Kilmartin King Landing Long Magnuson McCabe McCravy McDaniel McGinnis D. Mitchell J. Moore Morgan Oremus Pace Rankin Reese Rivers M. M. Smith Teeple Terribile Vaughan White Willis
Total number of Senators voting 42
Total number of Representatives voting 114
Grand Total 156
Necessary to a choice 79
Ayes 105
Nays 51
Whereupon, the PRESIDENT announced that the Honorable Rebecca West was elected to the position of Judge, Family Court, 11th Judicial Circuit, Seat 4 for the term begin July 1, 2026, and to expire June 30, 2032.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 13th Judicial Circuit, Seat 5.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Tarita A. Dunbar had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Tarita A. Dunbar in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted in the affirmative:
Adams Alexander Allen Bennett Blackmon Campsen Corbin Cromer Devine Elliott Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The following named Senators voted in the negative:
Bright Martin
The following named Senator abstained:
Fernandez
On the motion of Representative Hiott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted in the affirmative:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Bowers Brewer Brittain Bustos Calhoon Caskey Clyburn Cobb-Hunter Collins Cox Davis Dillard Erickson Forrest Gagnon Garvin Gibson Gilliard Grant Guffey Haddon Hart Hartnett Hayes Henderson-Myers Herbkersman Hewitt Hiott Holman Hosey Howard J. E. Johnson J. L. Johnson Jones Jordan King Kirby Landing Lawson Ligon Lowe Luck Martin McCravy McDaniel C. Mitchell Montgomery J. Moore T. Moore Moss Neese B. Newton W. Newton Pedalino Pope Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott Sessions G. M. Smith Stavrinakis Vaughan Waters Weeks Wetmore Wickensimer Williams Willis Wooten Yow
The following named Representatives voted in the negative:
Beach Bradley Chumley Crawford Cromer Duncan Edgerton Ford Frank Gilreath Hager Hardee Harris Hartz Hixon Huff Kilmartin Lastinger Long Magnuson McGinnis D. Mitchell Morgan Oremus Pace M. M. Smith Taylor Teeple Terribile White Whitmire
Total number of Senators voting 41
Total number of Representatives voting 115
Grand Total 156
Necessary to a choice 79
Ayes 123
Nays 33
Whereupon, the PRESIDENT announced that the Honorable Tarita A. Dunbar was elected to the position of Judge, Family Court, 13th Judicial Circuit, Seat 5 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 14th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Scarlet B. Moore and the Honorable Larry W. Weidner II had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Scarlet B. Moore was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Larry W. Weidner II in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Larry W. Weidner II was elected to the position of Judge, Family Court, 14th Judicial Circuit, Seat 3 for the term to expire June 30, 2031.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 14th Judicial Circuit, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Scarlet B. Moore and Catherine Webb had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the name of Scarlet B. Moore was withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Catherine Webb in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Catherine Webb was elected to the position of Judge, Family Court, 14th Judicial Circuit, Seat 4 for the term to expire June 30, 2032.
The PRESIDENT announced that nominations were in order to elect
a successor to the position of Judge, Family Court, 15th Judicial Circuit, Seat 3.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable Melissa M. Frazier had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of the Honorable Melissa M. Frazier in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Melissa M. Frazier was elected to the position of Judge, Family Court, 15th Judicial Circuit, Seat 3 for the term to expire June 30, 2026.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat 4.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that Jason P. Luther, Kelly Rainsford, Michael S. Traynham, Nicole T. Wetherton, the Honorable Barbara "Bobbie" Wofford-Kanwat had been screened and found qualified to serve.
On motion of Representative Micajah P. "Micah" Caskey IV the names of Kelly Rainsford, Michael S. Traynham, Nicole T. Wetherton and the Honorable Barbara "Bobbie" Wofford-Kanwat were withdrawn from consideration.
Representative Micajah P. "Micah" Caskey IV placed the name of Jason P. Luther in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Jason P. Luther was elected to the position of Judge, Administrative Law Court, Seat 4 for the term to expire June 30, 2030.
The PRESIDENT announced that nominations were in order to elect a successor to the position of Judge, Administrative Law Court, Seat 6.
Representative Micajah P. "Micah" Caskey IV, Chairman of the Judicial Merit Selection Commission, indicated that the Honorable S. Phillip "Phil" Lenski had been screened and found qualified to serve.
Representative Micajah P. "Micah" Caskey IV placed the name of S. Phillip "Phil" Lenski in nomination, moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable S. Phillip "Phil" Lenski was elected to the position of Judge, Administrative Law Court, Seat 6 for the term to expire June 30, 2026.
Immediately following the Joint Assembly called for the Election of Judicial Candidates, the PRESIDENT announced that the Joint Assembly would proceed to the Election to the Public Service Commission.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat 1.
Representative Herbkersman, Vice Chairman of the Screening Committee, indicated that Eugene Hennelly and Carolyn L. "Carolee" Williams had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Herbkersman, the name of Carolyn L. "Carolee" Williams was withdrawn from consideration.
Representative Herbkersman moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Eugene Hennelly was elected to the Public Service Commission, Seat 1 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat 3.
Representative Herbkersman, Vice Chairman of the Screening Committee, indicated that Bjorn J. Brooks and Stephen "Mike" Caston had been screened and found qualified to serve and placed their names in nomination.
Representative Herbkersman moved that nominations be closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Bjorn J. Brooks:
The following named Senators voted for Mike Caston:
Adams Alexander Allen Bennett Blackmon Campsen Cash Climer Corbin Cromer Devine Elliott Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The following named Senators voted present:
Bright Martin
On the motion of Representative Hiott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Bjorn J. Brooks:
Cobb-Hunter Govan Hardee J. L. Johnson McDaniel J. Moore Reese Rivers Stavrinakis Vaughan Waters
The following named Representatives voted for Mike Caston:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bradley Brewer Brittain Burns Bustos Calhoon Chapman Chumley Clyburn Collins Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Ford Forrest Frank Gagnon Garvin Gatch Gibson Gilliam Gilliard Gilreath Grant Guest Guffey Haddon Hager Harris Hart Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Howard Huff J. E. Johnson Jones Jordan Kilmartin King Kirby Landing Lastinger Lawson Ligon Long Lowe Luck Magnuson Martin McCabe McCravy McGinnis C. Mitchell D. Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Rose Rutherford Sanders Schuessler Scott Sessions M. M. Smith Taylor Teeple Terribile Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
The following named Representatives abstained:
Bowers G. M. Smith
Total number of Senators voting 41
Total number of Representatives voting 118
Grand Total 159
Necessary to a choice 80
Of which Bjorn J. Brooks received 11
Of which Mike Caston received 148
Whereupon, the PRESIDENT announced that the Honorable Stephen "Mike" Caston was elected to the Public Service Commission, Seat 3 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat 5.
Representative Herbkersman, Vice Chairman of the Screening Committee, indicated that James C. "Jim" Reno, Headen B. Thomas and Swain E. Whitfield had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Herbkersman, the name of James C. "Jim" Reno was withdrawn from consideration.
Representative Herbkersman moved that nominations be closed.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Headen B. Thomas:
Adams Climer Johnson Massey Peeler Sabb
The following named Senators voted for Swain E. Whitfield:
Alexander Allen Bennett Blackmon Bright Campsen Cash Corbin Cromer Devine Elliott Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Kennedy Leber Martin Matthews Ott Rankin Reichenbach Rice Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The following named Senator voted present:
Fernandez
On the motion of Representative Hiott, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Headen B. Thomas:
Guffey Hardee King Kirby Pope Sessions
The following named Representatives voted for Swain E. Whitfield:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein 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 Haddon Hager Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hixon Holman Hosey Howard J. E. Johnson J. L. Johnson Jones Jordan Kilmartin 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 Rankin Reese Rivers Robbins Rose Rutherford Sanders Schuessler Scott M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
Total number of Senators voting 42
Total number of Representatives voting 117
Grand Total 159
Necessary to a choice 80
Of which Headen B. Thomas received 12
Of which Swain E. Whitfield received 147
Whereupon, the PRESIDENT announced that the Honorable Swain E. Whitfield was elected to the Public Service Commission, Seat 5 for the term to expire June 30, 2028.
The PRESIDENT announced that nominations were in order to elect a successor to fill the position on the Public Service Commission, Seat 7.
Representative Herbkersman, Vice Chairman of the Screening Committee, indicated that Clint A. Elliott, Kenneth R. Moss and Delton W. Powers, Jr. had been screened and found qualified to serve and placed their names in nomination.
On motion of Representative Herbkersman, the names of Kenneth R. Moss and Clint A. Elliott were withdrawn from consideration.
Representative Herbkersman moved that nominations be closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Delton W. Powers, Jr. was elected to the Public Service Commission, Seat 7 for the term to expire June 30, 2028.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 1:05 P.M., the Senate resumed.
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 Climer Corbin Cromer Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Johnson Kennedy Kimbrell Leber Martin Massey Matthews Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Williams Young Zell
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Reappointment, Governor's School of Agriculture at John de la Howe School Board of Trustees, with the term to commence April 1, 2021, and to expire April 1, 2026
At-Large:
Edgar T. Lamb, 199 Plum Branch Road, Edgefield, SC 29824-3647
Referred to the Committee on Education.
Reappointment, Governor's School of Agriculture at John de la Howe School Board of Trustees, with the term to commence April 1, 2026, and to expire April 1, 2031
At-Large:
Edgar T. Lamb, 199 Plum Branch Road, Edgefield, SC 29824-3647
Referred to the Committee on Education.
Initial Appointment, Governor's School of Agriculture at John de la Howe School Board of Trustees, with the term to commence April 1, 2024, and to expire April 1, 2029
At-Large:
William J. Peeler, 325 Murph Road, Pauline, SC 29374 VICE Alton O. Smith, Jr.
Referred to the Committee on Education.
Reappointment, South Carolina Panel for Dietetics, with the term to commence March 30, 2025, and to expire March 30, 2027
Hospital Employee:
Maureen Elisabeth Finger, 1325 Sewanee Avenue, Florence, SC 29501
Referred to the Committee on Medical Affairs.
Reappointment, State Board of Barber Examiners, with the term to commence June 30, 2026, and to expire June 30, 2030
Barber:
Renee H. Patton, 5535 Highway 9, Suite C, Inman, SC 29349
Referred to the Committee on Labor, Commerce and Industry.
Reappointment, York County Natural Gas Authority, with the term to commence March 31, 2026, and to expire March 31, 2029
City of Rock Hill:
Richard Harris Heckard, Sr., 351 Berkeley Road, Rock Hill, SC 29732
Senator GARRETT introduced Dr. Bryan Green of Greenwood, S.C., Doctor of the Day.
On motion of Senator STUBBS, at 11:45 A.M., Senator CHAPLIN was granted a leave of absence for today.
On motion of Senator DEVINE, at 2:12 P.M., Senator JACKSON was granted a leave of absence for the balance of the day.
On motion of Senator BLACKMON, at 3:26 P.M., Senator ZELL was granted a leave of absence for the balance of the day.
On motion of Senator KIMBRELL, at 5:18 P.M., Senator MARTIN was granted a leave of absence until March 17, 2026.
Senator SUTTON rose for an Expression of Personal Interest.
On motion of Senator CLIMER, with unanimous consent, the remarks of Senator SUTTON, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator CLIMER rose for an Expression of Personal Interest.
Senator GOLDFINCH rose for an Expression of Personal Interest.
On motion of Senator LEBER, with unanimous consent, the remarks of Senator GOLDFINCH, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator MATTHEWS rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 175 (Word version) Sen. Rankin
S. 488 (Word version) Sen. Sutton
S. 607 (Word version) Sen. Devine
S. 637 (Word version) Sen. Graham
S. 751 (Word version) Sens. Garrett and Walker
S. 831 (Word version) Sen. Kimbrell
S. 863 (Word version) Sens. Bennett, Rankin and Turner
S. 897 (Word version) Sens. Sutton and Graham
S. 902 (Word version) Sen. Devine
S. 936 (Word version) Sen. Graham
At 2:26 P.M., on motion of Senator PEELER, the House of Representatives was invited to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
A message was sent to the House accordingly.
The following were introduced:
S. 975 (Word version) -- Senator Williams: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE SOUTH CAROLINA 4-H PINCKNEY LEADERSHIP PROGRAM UPON ITS TENTH ANNIVERSARY AND CELEBRATE A DECADE OF INVESTMENT IN THE YOUTH OF THE STATE.
sr-0554km-amb26.docx
The Senate Resolution was adopted.
H. 4163 (Word version) -- Reps. Erickson, Bowers, Bradley, Crawford, Davis, Pedalino, Hartnett, Neese, M. M. Smith, Oremus, Lawson, Vaughan, Herbkersman, B. J. Cox, Collins, Cox, Forrest, Brewer, Burns, Gatch, Haddon, Hager, Hixon, Murphy, Taylor, Whitmire, Teeple, Guest, Alexander and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION ACT" BY ADDING CHAPTER 9 TO TITLE 59, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE SOUTH CAROLINA HIGH SCHOOL ATHLETIC ASSOCIATION AND TO PROVIDE THE PURPOSE, FUNCTIONS, ORGANIZATION, AND GOVERNANCE OF THE ASSOCIATION; TO PROVIDE PUBLIC SCHOOLS, INCLUDING CHARTER SCHOOLS, MAY NOT JOIN OR AFFILIATE WITH ANY OTHER ENTITY WITHIN THE STATE FOR THE PURPOSE OF GOVERNING, SANCTIONING, OR OPERATING INTERSCHOLASTIC ATHLETIC PROGRAMS; AND TO PROVIDE PROVISIONS CONCERNING TRANSFER STUDENTS, HOME SCHOOL STUDENTS, PRIVATE SCHOOL STUDENTS, AND APPEALS, AMONG OTHER THINGS.
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The Senate Resolution was introduced and referred to the Committee on Education.
H. 4468 (Word version) -- Reps. Erickson, Pedalino and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-33-55 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF LOCAL ADVISORY COUNCILS FOR EDUCATING STUDENTS WITH DISABILITIES FOR EACH SCHOOL DISTRICT AND CHARTER SCHOOL AUTHORIZER BY ITS RESPECTIVE GOVERNING BODY; TO PROVIDE FOR THE MEMBERSHIP, COMPOSITION, DUTIES, AND PURPOSES OF LOCAL ADVISORY COUNCILS; TO PROVIDE ADMINISTRATIVE SUPPORT FOR LOCAL ADVISORY COUNCILS; AND TO PROVIDE DEADLINES FOR THE CREATION OF RELATED MODEL BYLAWS, THE SUBMISSION OF LOCAL ADVISORY COUNCIL BYLAWS FOR APPROVAL, AND THE FIRST MEETINGS OF EACH LOCAL ADVISORY COUNCIL.
lc-0417wab25.docx
Read the first time and referred to the Committee on Education.
H. 4762 (Word version) -- Reps. Long, Bailey, Brewer, Caskey, Chapman, Crawford, Davis, Forrest, Gatch, Gilliam, Guest, Haddon, Hiott, Hixon, Holman, Lawson, Ligon, Lowe, McCravy, C. Mitchell, T. Moore, W. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Sanders, Schuessler, Sessions, G. M. Smith, M. M. Smith, Taylor, Vaughan, Whitmire, Willis, Wooten, Yow, B. Newton, Chumley, Edgerton, Magnuson, White, Lastinger, D. Mitchell, Cromer and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-1-335 SO AS TO AUTHORIZE SCHOOL DISTRICTS AND CHARTER SCHOOLS TO IMPLEMENT CERTAIN VOLUNTEER SCHOOL CHAPLAIN POLICIES; AND BY ADDING SECTION 59-1-485 SO AS TO PROVIDE FOR THE DISPLAY OF THE TEN COMMANDMENTS AND OTHER HISTORICAL DOCUMENTS IN PUBLIC SCHOOL AND POSTSECONDARY CLASSROOMS.
lc-0561wab26.docx
Read the first time and referred to the Committee on Education.
H. 5179 (Word version) -- Reps. Erickson, McGinnis, Garvin, Grant, Yow, C. Mitchell, Wooten and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-101-440 SO AS TO CREATE THE SCHOOL MAPPING DATA PROGRAM WITHIN THE STATE LAW ENFORCEMENT DIVISION FOR THE PURPOSE OF FACILITATING EFFICIENT EMERGENCY RESPONSES IN PUBLIC INSTITUTIONS OF HIGHER LEARNING BY PUBLIC SAFETY AGENCIES, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ITS IMPLEMENTATION BY THE DIVISION, AND TO PROVIDE RELATED REQUIREMENTS OF INSTITUTIONS OF HIGHER LEARNING AND LAW ENFORCEMENT AGENCIES.
lc-0638wab26.docx
Read the first time and referred to the Committee on Education.
H. 5302 (Word version) -- Reps. M. M. Smith, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Bowers, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Cox, Crawford, Cromer, Davis, Dillard, Duncan, Edgerton, Erickson, Ford, Forrest, Frank, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Gilreath, Govan, Grant, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hartz, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Holman, Hosey, Howard, Huff, J. E. Johnson, J. L. Johnson, Jones, Jordan, Kilmartin, King, Kirby, Landing, Lastinger, Lawson, Ligon, Long, Lowe, Luck, Magnuson, Martin, McCabe, McCravy, McDaniel, McGinnis, C. Mitchell, D. Mitchell, Montgomery, J. Moore, T. Moore, Morgan, Moss, Neese, B. Newton, W. Newton, Oremus, Pace, Pedalino, Pope, Rankin, Reese, Rivers, Robbins, Rose, Rutherford, Sanders, Schuessler, Scott, Sessions, G. M. Smith, Spann-Wilder, Stavrinakis, Taylor, Teeple, Terribile, Vaughan, Waters, Weeks, Wetmore, White, Whitmire, Wickensimer, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO HONOR AND COMMEND WORLD HARVEST EVANGELIST JACOB EBERSOLE; TO RECOGNIZE MAY 1-3, 2026, AS "CHARLESTON CRUSADE 2026" IN THE STATE OF SOUTH CAROLINA; TO ACKNOWLEDGE THE HISTORIC CHRISTIAN HERITAGE OF THIS STATE; AND TO ENCOURAGE THE VOLUNTARY REDEDICATION OF SOUTH CAROLINA TO ALMIGHTY GOD THROUGH PRAYER, REPENTANCE, AND MORAL RENEWAL AMONG ITS CITIZENS.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 222 (Word version) -- Senator Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-2-140 SO AS TO DEFINE THE TERM "UTILITY TERRAIN VEHICLE" AND PROVIDE FOR THE REGISTRATION AND OPERATION OF THEM ON THE HIGHWAYS AND STREETS OF THE STATE; BY AMENDING SECTION 56-1-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "OFF-ROAD USE ONLY"; AND BY AMENDING SECTION 38-77-30, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" TO INCLUDE CERTAIN UTILITY TERRAIN VEHICLES.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 371 (Word version) -- Senators Jackson, Davis, Graham and Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-1-560 SO AS TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE MOBILE DRIVERS' LICENSES AND MOBILE SPECIAL IDENTIFICATION CARDS; AND BY AMENDING SECTION 56-1-190, RELATING TO REQUIRING DRIVERS' LICENSES TO BE CARRIED AND EXHIBITED ON DEMAND, SO AS TO PROVIDE FOR THE CARRYING AND EXHIBITING OF MOBILE DRIVERS' LICENSES.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 831--Senators Grooms, Jackson and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS RELATING TO THE DEVELOPMENT OF A LONG-RANGE STATEWIDE TRANSPORTATION PLAN SO AS TO MANDATE THAT THE DEPARTMENT OF TRANSPORTATION IS RESPONSIBLE FOR DEVELOPING THE PLAN; AND TO PROVIDE FOR THE RESPONSIBILITIES AND DUTIES OF THE DEPARTMENT AND PARTNERS IN CARRYING OUT THE LONG-RANGE STATEWIDE TRANSPORTATION PLAN. (Abbreviated Title)
Ordered for consideration tomorrow.
Columbia, S.C., March 3, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., March 4, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4343 (Word version) -- Reps. Wetmore, Erickson, Edgerton, Terribile, Cromer, Schuessler, Crawford, Davis, Calhoon, Oremus, Holman, Pedalino, Bernstein, Cobb-Hunter, Dillard, Bauer, Henderson-Myers, Landing, McDaniel, Waters, Alexander and Spann-Wilder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-33-31 SO AS TO REQUIRE HUMAN TRAFFICKING AWARENESS AND PREVENTION CONTINUING EDUCATION TRAINING FOR LICENSED PRACTICAL NURSES, REGISTERED NURSES, OR ADVANCED PRACTICE REGISTERED NURSES EXCLUDING CERTIFIED REGISTERED NURSE ANESTHETISTS; BY ADDING SECTION 40-47-39 SO AS TO REQUIRE HUMAN TRAFFICKING AWARENESS AND PREVENTION CONTINUING EDUCATION TRAINING FOR PHYSICIANS; AND BY ADDING SECTION 40-47-953 SO AS TO REQUIRE HUMAN TRAFFICKING AWARENESS AND PREVENTION CONTINUING EDUCATION TRAINING FOR PHYSICIAN ASSISTANTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 966 (Word version) -- Senator Davis: A CONCURRENT RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA INSTITUTE OF MEDICINE AND PUBLIC HEALTH ON THE OCCASION OF ITS FIFTEENTH ANNIVERSARY, COMMEND THE ORGANIZATION FOR ITS COMMITMENT AND SERVICE TO THE STATE OF SOUTH CAROLINA, AND EXTEND BEST WISHES FOR CONTINUED SUCCESS IN THE YEARS AHEAD.
Returned with concurrence.
Received as information.
S. 974 (Word version) -- Senators Young, 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 and Zell : A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE LIONEL SMITH, LTD., ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY; TO COMMEND THE STORE FOR ITS SUSTAINED EXCELLENCE IN MENSWEAR, TAILORING, AND CUSTOMER SERVICE; TO HONOR LIONEL "SMITTY" SMITH AND VAN SMITH FOR THEIR LEADERSHIP, ENTREPRENEURSHIP, AND CONTRIBUTIONS TO THE ECONOMIC AND CULTURAL LIFE OF DOWNTOWN AIKEN AND THE CENTRAL SAVANNAH RIVER AREA; AND TO EXTEND BEST WISHES FOR CONTINUED PROSPERITY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House:
S. 694 (Word version) -- Senator Young: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-40, RELATING TO DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO PROVIDE THAT IF THE BOARD OF VOTER REGISTRATION AND ELECTIONS DETERMINES THAT A PRECINCT CONTAINS NO SUITABLE LOCATION FOR A POLLING PLACE, THE BOARD, UPON APPROVAL OF A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, MAY LOCATE THE POLLING PLACE INSIDE THE COUNTY AND WITHIN FIVE MILES OF THE PRECINCT'S BOUNDARIES.
S. 715 (Word version) -- Senators Sutton, Rice, Elliott and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 33-56-50, RELATING TO ORGANIZATIONS EXEMPT FROM REGISTRATION PROVISIONS, ALTERNATE FILINGS, AND FUNDRAISING ACTIVITIES, SO AS TO INCREASE THRESHOLDS FOR CHARITIES REQUESTING EXEMPTIONS; BY AMENDING SECTION 33-56-70, RELATING TO THE REQUIREMENT THAT CONTRACTS WITH PROFESSIONAL SOLICITORS MUST BE IN WRITING, FILING REQUIREMENTS, JOINT FINANCIAL REPORTS FOR EACH CAMPAIGN, AND PENALTIES FOR NONCOMPLIANCE, SO AS TO LIMIT FILING REQUIREMENTS TO COMMERCIAL CO-VENTURERS UNDER CERTAIN CONDITIONS; BY AMENDING SECTION 33-56-90, RELATING TO DISCLOSURES TO SOLICITED PARTIES, SO AS TO REQUIRE ANY ENTITY THAT SOLICITS FOR CHARITABLE ORGANIZATIONS TO DISCLOSE THE LEGAL NAME AND PURPOSE OF THE CHARITY FOR WHICH THEY ARE SOLICITING; BY AMENDING SECTION 33-56-110, RELATING TO THE REGISTRATION OF PROFESSIONAL SOLICITORS, FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS, SO AS TO LIMIT REGISTRATION REQUIREMENTS FOR COMMERCIAL CO-VENTURERS SOLICITING MORE THAN TEN THOUSAND DOLLARS IN A SINGLE SOLICITATION CAMPAIGN; BY AMENDING SECTION 33-56-110, RELATING TO REGISTRATION OF PROFESSIONAL SOLICITORS, FUNDRAISING COUNSEL, OR COMMERCIAL CO-VENTURERS, SO AS TO PROVIDE THAT IF A COMMERCIAL CO-VENTURER INTENDING TO BE EXEMPT FROM REGISTRATION WITH THE SECRETARY OF STATE COLLECTS, EARNS, OR RECEIVES CHARITABLE CONTRIBUTIONS IN EXCESS OF TEN THOUSAND DOLLARS DURING A SOLICITATION CAMPAIGN, THEN THE COMMERCIAL CO-VENTURER SHALL REPORT TO THE SECRETARY OF STATE; AND BY AMENDING SECTION 33-56-120, RELATING TO PROHIBITED MISREPRESENTATIONS, SO AS TO PROHIBIT COMMERCIAL CO-VENTURERS FROM USING REGISTRATION WITH THE SECRETARY OF STATE AS AN ENDORSEMENT BY THE STATE.
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.
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.
The Senate proceeded to consideration of the Bill.
Senators SUTTON and LEBER proposed the following amendment (SR-832.QG0001S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 53-1-20(D) and inserting:
(D) Nothing in this section may be construed to limit a county's or municipality's authority to apply and enforce generally applicable building, fire, life safety, health, and traffic laws and regulations, provided that such requirements are applied in a content-neutral manner and are not imposed as a substitute for, or pretext to accomplish, a prohibited zoning or land use restriction under subsection (C).
Renumber sections to conform.
Amend title to conform.
Senator SUTTON 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:
Adams Alexander Allen Bennett Blackmon Bright Cash Climer Corbin Cromer Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Johnson Kennedy Kimbrell Leber Martin Massey Matthews Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Turner Verdin Walker Williams Young Zell
Ott Tedder
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
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.
On motion of Senator BRIGHT, the Bill was carried over.
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.
On motion of Senator CROMER, the Resolution was recommitted to Committee on Banking and Insurance.
S. 631 (Word version) -- Senators Walker and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 23-3-535, RELATING TO LIMITATIONS ON PLACES OF RESIDENCE OF CERTAIN SEX OFFENDERS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A SEX OFFENDER TO RESIDE WITHIN ONE THOUSAND FEET OF A BUS STOP; AND TO PROVIDE THAT OWNERS OR RENTERS OF IMPACTED PROPERTY NOT BE REQUIRED TO RELOCATE IF THEY OWNED OR RENTED THE PROPERTY BEFORE THE EFFECTIVE DATE OF THIS ACT.
Senator MATTHEWS objected to consideration of the Bill.
S. 751 (Word version) -- Senators Sutton, Ott, Zell, Garrett and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-53-2510 SO AS TO DEFINE TERMS TO INCLUDE NITROUS OXIDE AND NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2520 SO AS TO CREATE THE OFFENSE OF SELLING OR PROVIDING NITROUS OXIDE TO MINORS, AND TO PROVIDE PENALTIES, AND TO CREATE A CIVIL PENALTY FOR A MINOR THAT MISREPRESENTS HIS AGE TO ATTEMPT TO OR TO PURCHASE NITROUS OXIDE; BY ADDING SECTION 44-53-2530 SO AS TO CREATE A CIVIL PENALTY FOR RETAILERS THAT DISPLAY OR STORE NITROUS OXIDE IN A RETAIL LOCATION WHERE MINORS CAN ACCESS NITROUS OXIDE OR NITROUS OXIDE PRODUCTS; BY ADDING SECTION 44-53-2540 SO AS TO ESTABLISH EXCEPTIONS TO THIS ARTICLE FOR COMMERCIAL USE.
The Senate proceeded to consideration of the Bill.
The Committee on Judiciary proposed the following amendment (SJ-751.MB0002S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-2510(2), (3), and (4) and inserting:
(2) "Division" means the State Law Enforcement Division.
(2)(3) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.
(3)(4) "Nitrous oxide" means any nitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.
(4)(5) "Nitrous oxide products" include products and accessories used to inhale nitrous oxide, including but not limited to canisters means a cartridge, cylinder, tank, or other container that contain nitrous oxide.
(6) "Characterizing flavor" means a distinguishable taste or aroma described by reference to a fruit, candy, dessert, beverage, mint, menthol, or any other flavor or aroma.
(7) "Flavored nitrous oxide product" means a nitrous oxide product that is labeled, advertised, marketed, or sold by reference to a characterizing flavor.
(8) "Exempt entity" means:
(a) a physician, dentist, veterinarian, hospital, clinic, or other licensed medical facility acting within the lawful scope of practice;
(b) a licensed commercial food and beverage business that holds a valid South Carolina retail food establishment permit or food service permit and uses nitrous oxide solely for legitimate culinary or beverage preparation in the ordinary course of business;
(c) an automotive business operating with a business license and with an authorized dealer or distributor agreement and having the primary purpose of providing automotive supplies and services and using nitrous oxide solely for a lawful automotive performance, testing, or competition purpose;
(d) an industrial or manufacturing business operating with a business license using nitrous oxide solely for lawful industrial or manufacturing purposes;
(e) an institute of higher education, laboratory, or research facility using nitrous oxide solely for scientific research or instruction; or
(f) a governmental entity or emergency services agency acting within the scope of official duties.
(9) "Sell" or "sale" means to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell, furnish, give, distribute, provide, deliver, or offer for sale.
Amend the bill further, SECTION 1, by striking Section 44-53-2520(A), (B), (C), and (D) and inserting:
(A) Except as provided in (E), Itit is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products to a minor under the age of eighteen years in this State.
(B) Except as provided in (E), An it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.
(C) A person may not sell, market, or represent nitrous oxide for recreational inhalation.
(D)(1) It is unlawful for any person to sell, furnish, give, distribute, provide, deliver, offer for sale, or possess with intent to sell a flavored nitrous oxide product in this State.
(2) A person engaged in the sale of nitrous oxide or nitrous oxide products made through the internet or other remote sales methods shall perform an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the individual during the ordering process that establishes the individual is eighteen years of age or older, and shall use a method of mailing, shipping, or delivery that requires the signature of a person at least eighteen years of age purchasing for an exempted use before nitrous oxide or a nitrous oxide product will be released to the purchaser, unless the internet or other remote sales methods employ the following protections to ensure age verification:
(a) the customer creates an online profile or account with personal information including, but not limited to, name, address, social security information, and a valid phone number, and that personal information is verified through publicly available records; or
(b) the customer is required to upload a copy of his government-issued identification in addition to a current photograph of the customer; and
(c) delivery is made to the customer's name and address.
(E) Subsections (A) and (B) do not apply to the sale, distribution, or transfer of nitrous oxide or nitrous oxide products to an exempt entity or to an individual for the exempt entity's or individual's lawful purpose, provided the seller complies with Section 44-53-2530. An individual who is over the age of eighteen may have the following lawful purpose:
(1) for personal mechanical repair of automotive or recreational vehicles, provided the product was purchased from a licensed automotive business;
(2) for home culinary use, limited to nonrefillable cartridges of not more than 8 grams per cartridge; or
(3) for medical use, as prescribed by a medical doctor.
(F) Each unlawful sale, delivery, distribution, or transfer constitutes a separate offense.
(G)(1) A retailer must not sell to an individual purchasing for an excepted personal use more than a case per day. A case contains a maximum of twenty-four individual cartridges that contain 8 grams of nitrous oxide.
(2) A retailer must only sell containers of nitrous oxide that contain 580 grams or more to exempt entities and either delivery must be to a business address or invoiced to an exempted entity.
individual who knowingly violates (A) is guilty of a misdemeanor and, upon conviction, shall be fined one hundred dollars or imprisoned for a term not to exceed thirty days, or both. Failure to demand identification to verify an individual's age is not a defense.
(C) A minor who knowingly misrepresents his age to purchase or attempt to purchase a nitrous oxide product commits a noncriminal offense and is subject to a civil fine within the court's discretion.
(1) The noncriminal offense is not grounds for denying, suspending, or revoking an individual's participation in a state college or university financial assistance program, including but not limited to, a Life Scholarship, a Palmetto Fellows Scholarship, or a need-based grant.
(2) A violation of this subsection is not a criminal or delinquent offense, and no criminal or delinquent record may be maintained. A minor may not be taken into custody, arrested, placed in jail or in any other secure detention, or committed to the custody of the Department of Juvenile Justice.
(D) The Department may promulgate regulations to administer and enforce the provisions of this section.
Amend the bill further, SECTION 1, by striking Sections 44-53-2530 and 44-53-2540 and inserting:
Section 44-53-2530. It is unlawful for a retailer to display or store nitrous oxide products in a retail location in a manner that would allow the product to be accessed by an individual under the age of eighteen. A retailer found to be in violation of this section is subject to a civil penalty of not more than one thousand dollars for a first violation and a civil penalty of not more than two thousand dollars for a second or subsequent violation.
(A) A person who sells or distributes nitrous oxide or nitrous oxide products pursuant to Section 44-53-2520(E) shall take reasonable steps to verify that the purchaser is an exempt entity or is using nitrous oxide or nitrous oxide products for an exempt purpose.
(B) At a minimum, reasonable steps include obtaining and retaining:
(1) the purchaser's business name and business address or personal name and address;
(2) a copy of, or the identifying number for, the purchaser's applicable license, permit, or registration demonstrating exempt entity status, or an electronic copy of the person's driver's license or other government-issued identification; and
(3) an invoice or receipt documenting the date of sale or transfer and the quantity and form of nitrous oxide or nitrous oxide products sold or transferred.
(C)(1) Records required by this section must be retained for not less than two years and must be made available for inspection by the department, division, or local law enforcement during normal business hours upon reasonable request.
(2) The division may inspect premises during normal business hours for enforcement of this article.
(D) The department may promulgate regulations to administer and enforce the provisions of this article, including purchaser verification standards and recordkeeping requirements.
Section 44-53-2540. (A) Exemptions for commercial use under this article apply to:
(1) medical or dental applications;
(2) food preparation; or
(3) manufacturing, including but not limited to automotive purposes.
(B) Household goods that are used for the purpose of inhaling nitrous oxide are not exempt.
(C) Nitrous oxide products must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including but not limited to:
(1) lists of ingredients;
(2) the number of servings per container and the recommended serving size;
(3) any precautionary statements as to the safety and effectiveness of the product;
(4) a statement that the product is not intended to be inhaled for recreational purposes; and
(5) a statement that the product should not be sold, furnished, given, distributed, or provided to a person under the age of eighteen. (A) A person who knowingly violates Section 44-53-2520 is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not more than one thousand dollars or imprisoned for a term not to exceed six months, or both;
(2) for a second offense, must be fined not more than five thousand dollars or imprisoned for a term not to exceed one year, or both; and
(3) for a third or subsequent offense, must be fined not more than ten thousand dollars or imprisoned for a term not to exceed three years, or both.
Amend the bill further, by striking SECTION 2, and inserting:
SECTION 2. This act takes effect on January 1, 2027.This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator ADAMS explained the amendment.
The amendment was adopted.
Senator SUTTON proposed the following amendment (SJ-751.MB0003S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 44-53-2510(4) and inserting:
(4) "Nitrous oxide" means nitrogen dinitrogen monoxide (N2O) and any compound, liquid, gas, or chemical that contains nitrous oxide whether compressed, liquified, or contained in a cartridge, cylinder, tank, canister, or other vessel.
Amend the bill further, SECTION 1, by striking Section 44-53-2520(A), (B), and (C) and inserting:
(A) Except as provided in subsection (E), it is unlawful for an individual or a retailer to sell, furnish, give, distribute, or provide nitrous oxide or nitrous oxide products in this State.
(B) Except as provided in subsection (E), it is unlawful for a person to possess nitrous oxide or a nitrous oxide product with the intent to sell or distribute in this State.
(C) A person may not possess, sell, market, or represent nitrous oxide for recreational inhalation.
Amend the bill further, SECTION 1, by striking Section 44-53-2520(G)(2) and inserting:
(2) A retailer must only An automotive business operating with a business license and with an authorized dealer or distributor agreement may only sell containers of nitrous oxide that contain 580 grams or more when mixed with not less than one hundred parts per million of sulfur dioxide as a fuel additive for combustion engines to exempt entities individuals as described in subsection (E). Retailers may only sell to exempt entities and either delivery must be to a business address or invoiced to an exempted entity either by delivery to a business address or by invoice to an exempted entity.
(3) A tobacco retail establishment with the primary purpose of selling tobacco products, as defined in Section 16-17-501, is prohibited from selling nitrous oxide or nitrous oxide products.
Amend the bill further, SECTION 1, Section 44-53-2540, by adding a subsection to read:
(B) In addition to criminal penalties, a business entity convicted of a violation of this article is subject to administrative action by the state or local authority that issued the business license, permit, or registration, including suspension or revocation, consistent with law.
Renumber sections to conform.
Amend title to conform.
Senator SUTTON 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:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Climer Corbin Cromer Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Johnson Kennedy Kimbrell Leber Martin Massey Matthews Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 343 (Word version) -- Senators Corbin, Cash, Rice, Garrett, Kimbrell, Leber, Zell and Kennedy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-29-175 SO AS TO ESTABLISH AN INFORMED CONSENT PROTOCOL THAT MUST BE FOLLOWED PRIOR TO A CERTAIN COVID-19 VACCINE BEING ADMINISTERED OR RECEIVED.
Senator MATTHEWS objected to consideration of the Bill.
S. 962 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO HONEY BEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 5370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE SOUTH CAROLINA CODE OF LAWS.
On motion of Senator CLIMER, the Resolution was carried over.
H. 3924 (Word version) -- Reps. Wooten, W. Newton, Erickson, Neese, Hager, Bannister, Herbkersman, M.M. Smith, Pedalino, C. Mitchell, Bustos, Lawson, Guffey, Hiott, Taylor, Ballentine, Vaughan, White, Long, Ligon, Guest, Gilliam, Hartnett, Bailey, Landing, B.J. Cox, Hayes, Atkinson, Willis, Lowe, T. Moore, Davis, Hixon, Martin, Pope, Henderson-Myers and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 56 TO TITLE 46 SO AS TO REGULATE THE SALE OF HEMP-DERIVED CONSUMABLES, AMONG OTHER THINGS.
On motion of Senator MARTIN, the Bill was carried over.
S. 821 (Word version) -- Senators Bennett and Turner: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 39-5-39, RELATING TO AN ATTORNEY ADVERTISING IN A FALSE, DECEPTIVE, OR MISLEADING MANNER, SO AS TO DEFINE FALSE ADVERTISING; TO PROVIDE THAT ANY ADVERTISING FOR LEGAL SERVICES THAT REFERENCES A SETTLEMENT OBTAINED ON BEHALF OF A CLIENT MUST DISCLOSE THE AMOUNT OF ATTORNEY'S FEES AND LITIGATION COSTS DEDUCTED FROM THE RECOVERY; TO REQUIRE THE LEGAL ADVERTISEMENT TO CLARIFY THAT ANY REFERENCED RESULTS ARE NOT REPRESENTATIVE OF ALL CASES AND THAT OUTCOMES DEPEND ON THE SPECIFIC FACTS OF EACH CASE; AND TO PROVIDE THAT ANY ADVERTISING FOR LEGAL SERVICES THAT STATES THAT THE FILING OF A LAWSUIT IS AGAINST AN INSURANCE COMPANY OR OTHER THIRD PARTY MUST DISCLOSE THE FACT THAT ANY LAWSUIT WOULD BE FILED AGAINST AN INDIVIDUAL OR BUSINESS THAT WOULD BE NAMED AS THE DEFENDANT AND THAT THE INSURANCE COMPANY IS ONLY PROVIDING THE COVERAGE ON BEHALF OF THE NAMED INDIVIDUAL OR BUSINESS BASED ON A POLICY PURCHASED BY THE INDIVIDUAL OR BUSINESS.
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.
H. 5261 (Word version) -- Rep. W. Newton: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR RECEIVING ALCOHOL SERVER TRAINING AS PROVIDED FOR IN CHAPTER 3, TITLE 61 TO MAY 1, 2026.
The Senate proceeded to consideration of the Resolution.
The question being the second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Climer Corbin Cromer Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Johnson Kennedy Kimbrell Leber Martin Massey Matthews Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young
The Resolution was read the second time, passed and ordered to a third reading.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 3:31 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3858 (Word version) -- Reps. Brewer, Pedalino, Lowe, C. Mitchell, M.M. Smith, B.J. Cox, Chapman, Davis, Sessions, Erickson, Guffey, B.L. Cox, Hewitt, Teeple, Hartnett, Pope, Rutherford, Brittain, Wooten, Guest, Hager, J.L. Johnson, B. Newton, Bailey, Bustos, Gagnon, Gilliam, Herbkersman, Holman, Jordan, Lawson, Martin, Murphy, Robbins, Ballentine, T. Moore, Montgomery, Sanders, Atkinson, Ligon, Gibson, J. Moore, Caskey, Moss, Huff, Beach, Terribile, Kilmartin, Hardee, Taylor, Yow, J.E. Johnson, Landing, Frank, Forrest, Oremus, Kirby, Hixon, Cromer and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ARTICLE 1 OF CHAPTER 23, TITLE 50, SECTION 50-23-345, AND SECTION 50-23-375, ALL RELATING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT OUTBOARD MOTORS BE TITLED; BY AMENDING SECTION 12-37-3210, RELATING TO TAX NOTICES FOR BOATS AND BOAT MOTORS, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-3210, RELATING TO TAX NOTICES FOR BOATS, BOAT MOTORS, AND WATERCRAFT, SO AS TO ALLOW THE AUDITOR TO CONSOLIDATE THE TAX NOTICE; BY AMENDING SECTION 50-23-370, RELATING TO WATERCRAFT CERTIFICATES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR FIFTY PERCENT OF THE FAIR MARKET VALUE OF WATERCRAFT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
The Committee on Finance proposed the following amendment (LC-3858.SA0008S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 50-23-5 and inserting:
Section 50-23-5. For purposes of this article, as it relates to the taxing authority of county officials, "watercraft" means anything used or capable of being used as a means of transportation on the water, including any affixed outboard motor, but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operational requirements of the state or federal government for watercraft.
Amend the bill further, SECTION 1, Section 50-23-10, by striking the first undesignated paragraph and inserting:
Each entity desiring to be a marine dealer shall apply for a permit each year. A permit is valid from January first to December thirty-first. The permit cost is ten dollars. Applications for renewals must be received by December fifteenth each year. A marine dealer shall have an established place of business with a street address separate from a residence. A marine dealer shall have a valid business license and permit for each separate facility. A facility is separate if it is not within the same compound or has a separate street address. Marine dealers who sell new or used watercraft shall sell a minimum of ten watercraft or outboard motors a year in order to renew the permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year. Permitted marine dealers may apply for demonstration numbers. Marine dealers permitted under this article consent to inspections of the business and its records during regular business hours by department personnel and other law enforcement officers. A dealer who fails to cooperate with department inspections forfeits his permit. A marine dealer permit is invalid when a change is made to one or more of the following:
Amend the bill further, SECTION 1, by striking Section 50-23-11(B) and inserting:
(B) The demonstration numbers must not be permanently attached to the vessel but must be on board at all times. Marine dealers who sell watercraft are allowed nine demonstration numbers. Marine dealers who only service watercraft or outboard motors are allowed one demonstration number.
If a dealer allows the operation of a watercraft with demonstration numbers, the dealer shall execute a form identifying the date and time, the specific watercraft, the dealer's permit number, the demonstration number, the purpose for which the watercraft is being operated and if for a prospective sale, the form must include the name of the prospective buyer, the date, the specific watercraft, the dealer's permit number, and the demonstration number. The form and the dealer demonstration number must be on board during operation but need not be attached. Operations with dealer demonstration numbers are limited to seventy-two consecutive hours. This form is not required of owners, employees, or corporate officers who carry dealer identification and who are authorized to use demonstration numbers as provided herein.
Amend the bill further, SECTION 1, by striking Section 50-23-11(F) and inserting:
(F) Manufacturer demonstration numbers are limited to watercraft or outboard motors that are being operated for the purpose of testing. Manufacturer demonstration numbers are valid from the date of issue until December thirty-first inclusive of each year.
Amend the bill further, SECTION 1, by striking Section 50-23-12 and inserting:
Section 50-23-12. A permitted marine dealer that accepts any watercraft or outboard motor as a trade-in must obtain from the owner a completed change in status form indicating the trade-in. The dealer must submit the form to the department within thirty days in the manner prescribed.
Amend the bill further, SECTION 1, by striking Section 50-23-70(A) and inserting:
(A) The fee for a certificate of title for a watercraft is tentwenty dollars, and the fee for a certificate of title for an outboard motor is ten dollars.
Amend the bill further, SECTION 1, by striking Section 50-23-70(E) and inserting:
(E) The department must not issue a duplicate document for a certificate of number decal, certificate of number card, outboard motor registration decal, or watercraft title decal if the department has notice that ad valorem taxes are due.
Amend the bill further, SECTION 1, by striking Section 50-23-90(A)(5) and inserting:
(5) a description of the watercraft or outboard motor, including its make, model, model year, or year of manufacture, horsepower, registration number, and manufacturer's serial number or, hull number assigned to the watercraft by the department, length, and the principal material used in construction;
Amend the bill further, SECTION 1, by striking Section 50-23-110(A) and inserting:
(A) No dealer shall acquire a new watercraft or outboard motor without obtaining from the seller a manufacturer's or importer's statement of origin.
Amend the bill further, SECTION 1, by striking Section 50-23-110(C)(1), (2), (3), (4), and (5) and inserting:
(1) for a watercraft, the description of watercraft including its make, year of manufacture, or model year, and manufacturer's hull identification number, length, and construction, for an outboard motor the description including its make, model, year of manufacture, or model year, manufacturer's serial number, and horsepower;
(2) certification of date of transfer of watercraft or outboard motor, and name and address of transferee;
(3) certification that this was a transfer of watercraft or outboard motor in ordinary trade and commerce;
(4) the signature and address of a representative of the transferor; and
(5) on the reverse side of each manufacturer's or importer's statement of origin an assignment form, including the name and address of the transferee, a certification that the watercraft or outboard motor is new, and a warranty that the title at the time of delivery is subject only to liens and encumbrances set forth and described in full in the assignment.; and
(6) on the reverse side of each manufacturer's or importer's statement of origin an assignment form including the name and address of the transferee and a certification that the outboard motor is new.
Amend the bill further, SECTION 1, by striking Section 50-23-130(A) and inserting:
(A) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, Transfer on Death, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's statement of origin or, last outboard motor registration or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department.
Amend the bill further, SECTION 1, by striking Section 50-23-150(B) and inserting:
(b)(B) The duplicate certificate of title shall be a certified copy plainly marked "duplicate" across its face. An application for and issuance of a duplicate certificate of title is complete when the department invalidates the current certificate of title number and issues a new certificate of title number for the watercraft. It shall be mailed to the first lienholder named in it or, if none, to the owner. Issuing a duplicate title number does not modify the status of ad valorem taxes noticed to the department by county officials under the previous title number.
Amend the bill further, SECTION 1, by striking Section 50-23-170(A) and inserting:
(A) If a watercraft contains a permanent identification number placed on it by the manufacturer, the manufacturer's serial number must be used as the builder's hull number. If there is no manufacturer's serial number, if the manufacturer's serial number has been removed or obliterated, or if the watercraft is homemade, the department, upon application, shall assign a permanent identification number which must be used as the builder's hull number for the watercraft. This assigned number must be affixed permanently to or imprinted by the applicant at the place and in the manner designated by the department upon the watercraft for which the builder's hull number is assigned. "Homemade watercraft or outboard motor" means a watercraft or outboard motor which is built by an individual for personal use from raw materials which does not require the assignment of a federal hull identification number or serial number by a manufacturer pursuant to federal law. An individual may build or furnish raw materials to a builder under a contract to build a homemade watercraft or outboard motor to desired specifications. A copy of the contract, specifications, and bill of sale for raw materials must accompany registration and title application. The person furnishing materials under a contract may be considered the builder. A rebuilt or reconstituted watercraft or outboard motor must not be construed to be homemade. Every homemade watercraft must be certified as meeting safety standards of the United States Coast Guard before it can be sold by the builder. Certification must be furnished to the purchaser and a copy accompany applications for transfer to the department.
Amend the bill further, SECTION 1, by striking Section 50-23-170(C) and inserting:
(C) No newly-manufactured newly manufactured watercraft or outboard motor may be sold or offered for sale by a person in this State unless the watercraft or outboard motor has a hull identification number or serial number permanently affixed, and the number also must be affixed permanently in a hidden place.
Amend the bill further, SECTION 1, by striking Section 50-23-170(E) and inserting:
(E) No person may destroy, remove, alter, cover, or deface the manufacturer's serial number or hull identification number or part of it, or plate bearing the number, or a serial number or hull identification number or part of it assigned by the department or be in possession of an affected watercraft or outboard motor unless authorized in writing by the department and the Commandant of the United States Coast Guard.
Amend the bill further, SECTION 1, by striking Section 50-23-180(A), (B), (C), and (D) and inserting:
(A) Every law enforcement agency, peace officer, owner, or insurer in the State, having knowledge of a stolen or converted watercraft or outboard motor, immediately shall furnish the department with full information concerning the theft or conversion.
(b)(B) The department, whenever it receives a report of the theft or conversion of a watercraft or outboard motor, shall make a record of it, including the make of the stolen or converted watercraft or outboard motor and its hull number or serial number, and shall file the same in the numerical order of the hull number or serial number with the index records of the watercraft or outboard motors of such make. The department shall prepare a report listing watercraft and or outboard motors stolen and recovered as disclosed by the reports submitted to it, to be distributed as it deems advisable.
(c)(C) In the event of the recovery of a stolen or converted watercraft or outboard motor, the owner or insurer immediately shall notify the department in writing.
(d)(D) Law enforcement agencies shall notify the department of recovery of any stolen watercraft or outboard motor immediately.
Amend the bill further, SECTION 1, Section 50-23-185, by striking the second undesignated paragraph and inserting:
The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen watercraft or outboard motors, investigating the titling or registration of watercraft or outboard motors wrecked or dismantled.
Amend the bill further, SECTION 1, by striking Section 50-23-190(4) and inserting:
(4) sell, transfer, or otherwise dispose of a watercraft or an outboard motor without delivering to the purchaser or transferee a certificate of title, bill of sale, or a manufacturer's or importer's statement of origin assigned to the purchaser or transferee as required by this chapter;
Amend the bill further, SECTION 1, by striking Section 50-23-190(6) and inserting:
(6) dispose of a rejected or defective watercraft hull or outboard motor in the manufacturing process except by upgrading the hull to meet United States Coast Guard requirements or destroying the hull or outboard motor.
Amend the bill further, SECTION 1, by striking Section 50-23-200(1) and (2) and inserting:
(1) alter, forge, or counterfeit a certificate of title, bill of sale, or manufacturer's or importer's statement of origin for a watercraft or for an outboard motor;
(2) alter or falsify an assignment of a certificate of title, bill of sale, or an assignment or cancellation of a security interest on a certificate of title to a watercraft or to an outboard motor;
Amend the bill further, SECTION 1, by striking Section 50-23-200(4) and (5) and inserting:
(4) have possession of, buy, receive, sell or offer for sale, or otherwise dispose of a watercraft or an outboard motor knowing or having reason to believe the watercraft or outboard motor has been stolen. No person may procure or attempt to procure a certificate of title to a watercraft or an outboard motor or pass or attempt to pass a certificate of title or an assignment to a watercraft or an outboard motor knowing or having reason to believe the watercraft or the outboard motor has been stolen;
(5) have possession of, buy, receive, sell or offer for sale, or otherwise dispose of in this State a watercraft or an outboard motor on which a manufacturer's hull identification number or part of it or assigned serial number has been destroyed, removed, covered, altered, or defaced, knowing or having reason to believe of the destruction, removal, covering, alteration, or defacement of the manufacturer's hull identification number or part of it or assigned serial number; or
Amend the bill further, SECTION 1, by striking Section 50-23-205 and inserting:
Section 50-23-205. (A) A stolen or abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor, a watercraft or outboard motor for which the true owner is not determined, or a watercraft or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced may be seized.
(B) Upon seizure of the watercraft or outboard motor, the department shall notify a person claiming an interest in it, and the person has the right to prove his interest before the circuit court in the county where the property was seized. If no action is filed within sixty days of notification, the department may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction, or, if the watercraft or outboard motor is determined to be unsafe, destroy it. The proceeds derived from the sale must be deposited in the Boating Operating Fund of the department for administration of the program.
(C) When the department determines the owner of a seized watercraft or outboard motor and related marine equipment, it shall notify the owner by certified mail of the procedure, the location, and the fact that he has not less than thirty days from the date of the certified letter to remove the equipment from the department's storage facility. If a security interest has been perfected, the department must notify the lienholder by certified mail allowing thirty days to respond. Failure to respond within thirty days or remove the watercraft or outboard motor by the date designated forfeits the equipment to the department to be used or disposed of according to law. Reserved.
Amend the bill further, SECTION 1, by striking Section 50-23-210(A) and inserting:
(A) The department shall have the authority to suspend or revoke a certificate of title to a watercraft, or to an outboard motor, or registration of an outboard motor, upon reasonable notice and hearing, when authorized by any other provision of law or if he finds:
(1) The certificate of title was fraudulently procured or erroneously issued, or
(2) The watercraft, or outboard motor, has been scrapped, dismantled, or destroyed, or transferred and registered in another state.
Amend the bill further, SECTION 1, by striking Section 50-23-210(C) and (D) and inserting:
(c)(C) When the department suspends or revokes a certificate of title, or registration of an outboard motor, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department; or.
(d)(D) The department may seize and impound any certificate of title or registration of an outboard motor which has been suspended and revoked.
Amend the bill further, SECTION 1, by striking Section 50-23-220(B) and inserting:
(B) To the extent fees collected pursuant to Section 50-23-70, in connection with titling a boat, are attributable to fee increases beginning July 1, 1999, revenues from those increases must be used by the department for its law enforcement responsibilities. Any surplus may be carried forward for that use.Revenues from each of the following revenue sources must be used by the department as described below:
(1) fees from each certificate of title, seventy percent must be used for law enforcement responsibilities and the balance for the purposes provided for in subsection (A);
(2) fees from each watercraft registration and renewal, sixty-seven percent must be used for law enforcement responsibilities and the balance for the purposes provided for in subsection (A);
(3) fees from each duplicate document, sixty percent must be used for law enforcement responsibilities and the balance for the purposes provided for in subsection (A);
(4) fees from each decal and duplicate decal, one hundred percent for the purposes provided for in subsection (A);
(5) fees from each outboard motor registration, one hundred percent for the purposes provided for in subsection (A); and
(6) fees from each Freedom of Information Act inquiry related to watercraft and outboard motor records, one hundred percent for the purposes provided for in section (A).
(C) Fund balances may be retained and carried forward to the following years for the purposes described in this Title.
Amend the bill further, SECTION 1, by striking Sections 50-23-250, 50-23-260, 50-23-270, and 50-23-275 and inserting:
Section 50-23-250. The director, for the purpose of more effectively carrying out the provisions of this chapter, shall have the power to employ and appoint the necessary enforcement officers for enforcement of this chapter. The duties of such enforcement officers shall include but not be limited to investigating applications for certificate of title, inspecting watercraft, or outboard motors, in or at public facilities for purposes of locating stolen property, and investigating and reporting thefts of watercraft, or outboard motors. With respect to the enforcement of the provisions of this chapter, such enforcement officers shall have and may exercise throughout this State all of the powers of peace officers.
Section 50-23-260. The department shall annually, between January first and January thirty-first, furnish to each county auditor a list of motors and watercraft registered and titled pursuant to this chapter in the previous year to residents of such auditor's county, which list shall include the names and addresses of the owners of such watercraft and motors and sufficient additional information as will permit the auditors to identify the chattels titled for tax purposes. Reserved
Section 50-23-270. A transfer of a watercraft or outboard motor is subject to this chapter. A person making a false statement in a document or other submission to the department is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty nor more than five hundred dollars or imprisoned not more than thirty days.
Section 50-23-275. A watercraft not previously required to be titled for which a title is required by this chapter must be titled at the time of renewal of the registration of the watercraft or transfer of the watercraft whichever occurs first. An owner of such a watercraft must secure a title for the watercraft within three years from the effective date of this section.Reserved.
Amend the bill further, SECTION 1, Section 50-23-290, by striking the first undesignated paragraph and inserting:
Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title, or outboard motor registration using the form prescribed by the department. The application must be supported by an affidavit setting forth the circumstances under which the watercraft or outboard motor was acquired. The applicant must attempt to notify the last known titled or registered owner and any lienholder of record by certified mail of the application. The applicant must provide the department with proof of mailing.
Amend the bill further, SECTION 1, by striking Section 50-23-295(A), (B), and (C) and inserting:
(A) A certificate of title to watercraft or an outboard motor registration may not be transferred if the department has notice that property taxes for property tax years beginning after 1999, are owed on the watercraft or outboard motor. If transfer of title or outboard motor registration has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor registration from the person officially charged with the collection of ad valorem taxes in the county where the taxes are due must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor must require certification that property taxes that are due and payable for property tax years beginning after 1999, have been paid and are current as of the date of sale.
(B) A person who knowingly sells a watercraft or outboard motor for which he owes unpaid and outstanding property taxes, or on which he knows there is a property tax lien, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days. In addition to all applicable criminal penalties, a seller who falsely signs the certification required by subsection (A), that property taxes are current and paid on a watercraft transferred to the buyer, is liable to the buyer for three times the amount of damages directly associated with the false certification, as well as applicable costs and reasonable attorney's fees.
(C) The county treasurer or other appropriate official annually, or more frequently as the county considers appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format considered acceptable by the department.
Amend the bill further, SECTION 2, by striking Section 50-23-345(F) and inserting:
(F) A transferee may operate a newly acquired outboard motor for sixty days while application for title an outboard motor registration number is pending provided the bill of sale is in possession while operating the motor.
Amend the bill further, SECTION 3, by striking Section 50-23-375 and inserting:
Section 50-23-375. It is unlawful to display a registration number or a validation decal or an outboard motor title decal or sailboat title decal on any watercraft or outboard motor except on the watercraft or outboard motor for which it was issued. It is unlawful to display an outboard motor registration decal on any outboard motor except on the outboard motor for which it was issued.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 50-23-425 of the S.C. Code is amended to read:
Section 50-23-425. A registration of watercraft or outboard motor may not be renewed pursuant to this chapter if the department has notice that property taxes are owed on the watercraft or outboard motor. If renewal of registration has been denied pursuant to this section, a tax receipt from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted by the department as proof that the taxes have been paid.
SECTION X. Article 3, Chapter 23, Title 50 of the S.C. Code is amended by adding:
Section 50-23-430. Any outboard motor held or principally used in this State must be registered with the department. An owner of an outboard motor registered in this State must notify the department within thirty days if ownership is transferred to another person, entity, or transferred out of state or otherwise disposed.
Section 50-23-440. (A) An outboard motor is not required to be registered under this chapter if the vessel it is attached to is:
(1) a federally approved watercraft numbering system of another state. However, this vessel must not be held or used in this State for more than sixty consecutive days;
(2) from a country other than the United States and temporarily using the waters of this State;
(3) a vessel whose owner is the United States except recreational type vessels;
(4) a vessel whose owner is the United States, a state, or political subdivision to a state used for governmental purposes and which is clearly identifiable as such;
(5) a vessel's lifeboat if the boat is used solely for lifesaving purposes;
(6) a vessel's tender;
(7) a boat designed, constructed, and used for racing;
(8) a vessel belonging to a class of boats which has been exempted from numbering by the department after the department has found that the federal government has exempted the vessel or class of vessels from their numbering provisions or as otherwise permitted by the federal government;
(9) documented by the United States Coast Guard or a federal agency successor to it; or
(10) used under authority of a valid temporary registration number issued by the department.
Section 50-23-450. (A) Every person who acquires an outboard motor required to be registered under this article shall register with the department within thirty days of the date of acquisition. The registration must be completed on forms required by the department. The fee for registration is ten dollars. The registration must be signed by the person who acquires the watercraft or outboard motor and must contain:
(1) the applicant's name, domiciled address including the county, date of birth, and the county where the outboard motor is principally located, state issued identification number, and state of issue;
(2) its make, model, and horsepower, and manufacturer's serial number, whether the outboard motor is new or used;
(3) the date of acquisition by the applicant, the name and address of the person from whom the outboard motor was acquired; and
(4) a bill of sale.
(B)(1) When a Transfer of Death (TOD) beneficiary is designated, the registration must contain each TOD beneficiary's name, domiciled address, including the county, date of birth, state-issued identification number, and state of issue.
(2) In the case of one or more TOD beneficiaries receiving the title and registration to an outboard motor, a bill of sale may not be required for the department to issue a title, but such TOD beneficiaries shall establish the death of all owners of outboard motors.
(3) The fee to establish, modify, or revoke a Transfer of Death designation upon a registration is ten dollars.
(C) Every dealer selling or exchanging an outboard motor subject to registration under this article shall complete the registration in the name of the purchaser at the time of delivery of the outboard motor to the purchaser. The registration must be signed by the dealer showing the assigned dealer permit number, as well as by the owner, and the dealer shall submit the application to the department within thirty days of the sale. However, permitted marine dealers are not required to obtain registrations for new or used outboard motors held in their inventory for sale until they are sold or exchanged as long as a proper manufacturer's or importer's statement of origin or title is held by the dealer. The fees for registration may not exceed those required by this article and if requested must be itemized on the bill of sale to the new owner. This does not prohibit a dealer from charging an administrative fee for registration.
(D) If a dealer buys or acquires an outboard motor for resale and the outboard motor is already covered by a registration, the dealer need not send the registration until the watercraft or outboard motor is transferred.
(E) When an application for a watercraft title and certificate of number includes an application for an outboard motor registration number, and the application is filed thirty-one days or later after the acquisition date, only late fees for the watercraft title must be assessed.
(F) A registration, except those from permitted marine dealers, submitted after thirty days is subject to a late penalty of fifteen dollars.
(G) A registration submitted after sixty days is subject to a late penalty of thirty dollars.
(H) The provisions of this section requiring a fee do not apply to outboard motors owned by volunteer rescue squads used exclusively for the purpose of the squads.
Section 50-23-460. (A) Except as otherwise provided, an outboard motor registration number awarded pursuant to this chapter continues in effect for one year unless sooner terminated or discontinued in accordance with this chapter. An outboard motor registration number may be renewed by the owner as provided in subsection (B). The department shall fix a month of the year on which a registration number expires unless renewed pursuant to this chapter.
(B)(1) Beginning January 1, 2028, each county auditor annually shall mail outboard motor registration number renewal notices to the owners of outboard motors in the county as determined by the Department of Natural Resources no later than forty-five days before expiration of the registration. The renewal notices, including the fees upon completion, must be returned to that county which shall:
(a) process the application and, if granting the renewal, notify the department to issue a renewed registration number and decal;
(b) transmit the processed renewal notices to the department within seven days; and
(c) transmit the fees, including any late fees, to the appropriate state fund.
(2) Each county auditor must have access to the registration records of the department as applicable to the county auditor in the manner the county auditor and department agree for the purpose of the county auditor performing the functions required in item (1).
(3) The department may not charge counties for online access network fees for watercraft and owner information.
(4) If a registration number is not approved immediately by the department, an owner may operate under a paid tax receipt for thirty days.
(C)(1) A renewal application for a registration number, except those from marine dealers, presented after thirty days from its expiration date is subject to a late penalty of fifteen dollars.
(2) A renewal application for a registration number presented after sixty days from its expiration date is subject to a late penalty of thirty dollars.
Section 50-23-470. (A) The department shall file each registration which is received by it, provided it is accompanied by the required fee and complies in all other respects with this article.
(B) The department shall maintain a record of all registrations and each registration shall contain:
(1) the date issued;
(2) the name and address of the owner;
(3) the registration number assigned to the outboard motor;
(4) a description of the outboard motor including its make, model, horsepower, and manufacturer's serial number or, serial number assigned to the outboard motor by the department; and
(5) any other data the department prescribes.
(C) All records of the department relating to the registration of outboard motors are public records.
Section 50-23-480. A valid outboard motor registration decal must be affixed to the right side of the motor casing, when looking toward the bow, for each outboard motor required to be registered. A permitted marine dealer demonstrating an outboard motor must display the dealer demonstration number assigned by the department while conducting demonstrations.
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.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Sections 50-23-350 and 50-23-380 of the S.C. Code are repealed.
Amend the bill further, SECTION 7, by striking Section and inserting:
SECTION 7. This act takes effect on January 1, 2028 2027, and first applies to property tax years beginning after 2026.
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the committee amendment.
The amendment was adopted.
Senator CAMPSEN proposed the following amendment (SFGF-3858.BC0002S), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 50-23-30, by adding a subsection to read:
(A) The following are not required to be titled:
(1) Watercraft watercraft documented by the United States Coast Guard or its predecessor or successor agency;
(2) outboard motors for watercraft;
(3) watercraft propelled exclusively by human power; and
(4) water skis, aquaplanes, surfboards, windsurfers, and similar devices, and those watercraft propelled exclusively by human power, and an outboard motor of the watercraft are not required to be titled.
Amend the bill further, SECTION 1, by striking Section 50-23-110(B) and inserting:
(b)(B) No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new watercraft or outboard motor to a dealer without delivering to the dealer a manufacturer's or importer's statement of origin.
Amend the bill further, SECTION 1, by striking Section 50-23-130(A) and inserting:
(A) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, Transfer on Death, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b)(B), promptly mail or deliver to the department:
(1) his application for a new certificate of title, or outboard motor registration, as applicable, upon the appropriate form prescribed and furnished by the department and accompanied by the required fee; and
(2) the last certificate of title, if available, or the manufacturer's or importer's statement of origin, or, last outboard motor registration, or, if that is not possible, other satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department.
Amend the bill further, SECTION 1, Section 50-23-290, by striking the first undesignated paragraph and inserting:
Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title, or outboard motor registration, as applicable, using the form prescribed by the department. The application must be supported by an affidavit setting forth the circumstances under which the watercraft or outboard motor was acquired. The applicant must attempt to notify the last known titled or registered owner and any lienholder of record by certified mail of the application. The applicant must provide the department with proof of mailing.
Amend the bill further, SECTION 2, by striking Section 50-23-345(A) and inserting:
(A) A transferee shall utilize the temporary certificate of number on the department's application form as a temporary certificate of number to permit the use of watercraft while applications for certificates of number are processed. Temporary certificates of number apply to new and previously owned watercraft. A temporary certificate is valid for not more than sixty days from the date of purchase. No temporary certificate of number may be issued for a boat, boat motor, or watercraft until the ad valorem tax is paid for the year for which the registration is to be issued.
Amend the bill further, SECTION 8, by striking Section 50-23-430 and inserting:
Section 50-23-430. Any outboard motor of at least five horsepower, or its equivalent, held or principally used in this State must be registered with the department. An owner of an outboard motor registered in this State must notify the department within thirty days if ownership is transferred to another person, entity, or transferred out of state or otherwise disposed.
Amend the bill further, SECTION 8, by striking Section 50-23-440(A)(1) and inserting:
(1) covered by a federally approved watercraft numbering system of another state. However, this vessel must not be held or used in this State for more than sixty consecutive days;
Amend the bill further, SECTION 8, by striking Section 50-23-450(A) and inserting:
(A) Every person who acquires an outboard motor required to be registered under this article shall register with the department within thirty days of the date of acquisition. The registration must be completed on forms required by the department. The fee for registration is ten dollars. The registration must be signed by the person who acquires the watercraft or outboard motor and must contain:
(1) the applicant's name, domiciled address including the county, date of birth, and the county where the outboard motor is principally located, state issued identification number, and state of issue;
(2) its make, model, and horsepower, and manufacturer's serial number, whether the outboard motor is new or used;
(3) the date of acquisition by the applicant, the name and address of the person from whom the outboard motor was acquired; and
(4) a bill of sale.
Amend the bill further, SECTION 8, by striking Section 50-23-450(D) and inserting:
(D) If a dealer buys or acquires an outboard motor for resale and the outboard motor is already covered by a registration, the dealer need not send the registration until the watercraft or outboard motor is transferred.
Amend the bill further, SECTION 8, by striking Section 50-23-460(B)(3) and inserting:
(3) The department may not charge counties for online access network fees for watercraft and owneroutboard motor registration information.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 50-23-320(A)(2) of the S.C. Code is amended to read:
(2) covered by a federally approved numbering system of another state. However, this vessel must not be held or used in this State for more than sixty consecutive days;
SECTION X. Section 50-21-10(17) of the S.C. Code is amended to read:
(17) "Outboard motor" means a combustion engine or electric propulsion system, which that is used to propel a watercraft and which that is detachable from the watercraft as a unit. No outboard motor of less than five horsepower or its equivalent is required to be titled under this chapter.
SECTION X. Section 12-37-220(B)(38) of the S.C. Code is amended to read:
(38)(a) watercraft and motors whichthat havehas an assessment of not more than fifty dollars;
(b) By ordinance, a governing body of a county may exempt from the property tax, forty-two and 75/100 percent of the fair market value of a watercraft and its motor. This exemption for a watercraft motor applies whether the motor is located in, attached to, or detached from the watercraft. This exemption does not apply to a boat or watercraft classified for property tax purposes as a primary or secondary residence pursuant to Section 12-37-224;
SECTION X. Section 12-37-714 of the S.C. Code is amended to read:
Section 12-37-714. In addition to any other provisions of law subjecting boats and boat motors to property tax in this State:
(1) A boat, including its motor if separately taxed, used in interstate commerce having a tax situs in this State and at least one other state is subject to property tax in this State. The value of such a boat must be determined based on the fair market value of the boat multiplied by a fraction representing the number of days present in this State. The fraction is determined by dividing the number of days the boat was present in this State by three hundred sixty-five days. A boat used in interstate commerce must be physically present in this State for thirty days in the aggregate in a property tax year to become subject to ad valorem taxation.
(2) A boat, including its motor if the motor is separately taxed, which is not currently taxed in this State and is not used exclusively in interstate commerce, is subject to property tax in this State if it is present within this State for sixty consecutive days or for ninety days in the aggregate in a property tax year. Upon an ordinance passed by the local governing body, a county may subject a boat, including its motor if the motor is separately taxed, to property tax if it is within this State for ninety days in the aggregate, regardless of the number of consecutive days. Also, upon an ordinance passed by the local governing body, a county may increase the number of days in the aggregate a boat, including its motor if the motor is taxed separately, must be in this State to be subject to property tax to one hundred eighty days in a property tax year, regardless of the number of consecutive days. Upon written request by a tax official, the owner must provide documentation or logs relating to the whereabouts of the boat in question. Failure to produce requested documents creates a rebuttable presumption that the boat in question is taxable within this State.
(3) When a boat, or motor if separately taxed, is subject to a written contract for repairs and located in a marine repair facility in this State, the time periods provided pursuant to items (1) and (2) of this section are tolled.
SECTION X. Section 12-37-3200 of the S.C. Code is amended to read:
Section 12-37-3200. The tax year for boats, boat motors, and watercraft subject to property tax pursuant to Section 12-37-714 begins with the last day of the month in which a certificate of number required by Section 50-23-370 is issued and ends on the last day of the month in which the certificate of number expires or is due to expire. No certificate of number may be issued for a boat, boat motor, or watercraft until the ad valorem tax is paid for the year for which the registration is to be issued. All ad valorem taxes on a boat, boat motor, or watercraft are due and payable one hundred twenty days from the date of purchase.
SECTION X. Section 12-37-3220 of the S.C. Code is amended to read:
Section 12-37-3220. When a boat, boat motor, or watercraft is first taxable in a county, the owner shall make a property tax return prior to submitting the application for and issuance of number and certificate as referenced in Section 50-23-340. The return must be made to the auditor of the county in which the owner resides. The return must be signed under oath and must set forth the county, school district, special or tax district, and municipality in which the boat, boat motor, or watercraft is principally located.
SECTION X. Section 12-37-3230 of the S.C. Code is amended to read:
Section 12-37-3230. The county auditor shall determine the assessed value of boats, boat motors, and watercraft and shall calculate the amount of taxes due on the property. A boat or watercraft, and any outboard motor affixed to a boat or watercraft, must be assessed as a single unit, provided that a boat or watercraft only powered by an outboard motor of less than five horsepower, or its equivalent, must be assessed only on the value of the hull of the boat or watercraft.
SECTION X. Section 12-37-3240 of the S.C. Code is amended to read:
Section 12-37-3240. The provisions of this article do not apply to a boat, boat motor, or watercraft exempt from ad valorem taxation pursuant to Section 12-37-220(B)(38)(a) or classified as a primary or secondary residence pursuant to Section 12-37-224(B).
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senators HUTTO, GRAHAM and BLACKMON proposed the following amendment (LC-3858.HA0001S), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 23, Title 50 of the S.C. Code is amended by adding:
Section 50-23-225. In the event that any county suffers from a reduction in revenue as a result from this act, the State shall provide annual funding in the amount that the county would have otherwise received as of December 31, 2026.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator VERDIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Bright Campsen Cash Climer Corbin Cromer Elliott Fernandez Gambrell Garrett Goldfinch Grooms Hembree Johnson Kennedy Kimbrell Leber Massey Peeler Reichenbach Rice Stubbs Turner Verdin Young
Allen Blackmon Devine Graham Hutto Matthews Ott Sabb Sutton Tedder Walker Williams
The amendment was laid on the table.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Climer Corbin Cromer Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Williams Young
Walker
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Reappointment, York County Natural Gas Authority, with the term to commence March 31, 2026, and to expire March 31, 2029
City of Rock Hill:
Richard Harris Heckard, Sr., 351 Berkeley Road, Rock Hill, SC 29732
On motion of Senator CORBIN, the Senate agreed to stand adjourned.
On motion of Senator MASSEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Rebekah Bearden Robeson of Edgefield, S.C. Rebekah attended Augusta University where she majored in musical theater with a minor in Spanish. She worked at the Edgefield General Store while she pursued her passion for musical theater in Aiken and Augusta. She later taught Spanish and drama at Wardlaw Academy. Rebekah was an active member of Edgefield First Baptist Church where she served in worship, choir and children's ministries. Rebekah was a loving wife, daughter and friend who will be dearly missed.
At 5:24 P.M., on motion of Senator CORBIN, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Wednesday, March 4, 2026 at 5:57 P.M.