NO. 80
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Jeremiah 6:16a
Jeremiah proclaims: "This is what the Lord says, 'Stand at the crossroads and look; ask for the ancient paths, ask where the good way is, and walk in it, and you will find rest for your souls.' "
Please join me as we bow in prayer: Most blessed and merciful God, throughout the weeks and the months of this legislative session, these Senators and their aides have together been seeking those pathways that You, Lord, clearly want them to follow. And it is not always easy to discern what is the very best way to proceed as they labor to meet the needs of our citizens. Sometimes detours have been necessary, but these leaders have been determined to follow what the Lord tells Jeremiah is indeed "the good way." And now as this Body's journey continues, dear God, we fervently ask You to bless and indeed guide this Senate, granting to all the opportunity to begin to find "rest for their souls." For indeed, when that opportunity for rest finally comes, it will truly be well deserved. And of course, O God, we also hold in our prayers the people of Venezuela who are suffering from yesterday's horrific earthquake. So we pray in Your loving name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Gambrell Graham Grooms Hembree Jackson Johnson Kennedy Kimbrell Leber Massey Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
A quorum being present, the Senate resumed.
The following appointment was transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, North Greenville Fire District Board of Fire Control, Greenville County, with term to commence upon confirmation, and to expire when filled by a General Election:
Justin D. McKinney, Travelers Rest, SC 29690 VICE Shane Walters
Senator REICHENBACH assumed the Chair.
Senator ALEXANDER, PRESIDENT of the Senate, presented a certificate and service pin to the following Senate staff for their respective years of state service:
10 Year Pins
Amanda Adler
Agria Bennett
20 Year Pins
Debbie Barthe
Quentin Hawkins
Brent Walling
30 Year Pin
John Hazzard
40 Year Pin
Beth Lamberts
In commemoration of continuous service with the State of South Carolina, Senator ALEXANDER, PRESIDENT of the Senate, presented a certificate and service pin to the following Senators for their years of service:
10 Year Pins
Wes Climer
Jason Elliott
20 Year Pins
Tom Davis
Michael Gambrell
Shane Massey
30 Year Pin
Brad Hutto
Senator PEELER presented a certificate and service pin to the following Senator for his years of service:
40 Year Pin
Thomas Alexander
All were highly commended for their years of devoted and loyal service.
At 12:25 P.M., the PRESIDENT assumed the Chair.
On motion of Senator CAMPSEN, at 12:11 P.M., Senator DAVIS was granted a leave of absence for today.
On motion of Senator REICHENBACH, at 12:31 P.M., Senator GARRETT was granted a leave of absence for today.
On motion of Senator CLIMER, at 12:31 P.M., Senator GOLDFINCH was granted a leave of absence for today.
On motion of Senator JOHNSON, at 4:26 P.M., Senator ADAMS and KIMBRELL were granted a leave of absence for the balance of the day.
On motion of Senator KENNEDY, at 4:26 P.M., Senator LEBER was granted a leave of absence for the balance of the day.
At 4:07 P.M., Senator VERDIN requested a leave of absence for the balance of the day.
Senator STUBBS rose for an Expression of Personal Interest.
On motion of Senator CLIMER, with unanimous consent, the remarks of Senator STUBBS, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator CLIMER rose to make brief remarks regarding his service in the Senate.
On motion of Senator MASSEY, with unanimous consent, the remarks of Senator CLIMER, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator CHAPLIN rose for an Expression of Personal Interest.
Senator CORBIN rose for an Expression of Personal Interest.
Senator BENNETT rose for an Expression of Personal Interest.
S. 1201 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE FRENCH QUARTER CREEK BRIDGE ON CAINHOY ROAD IN HUGER IN BERKELEY COUNTY "WILLIAM ELLINGTON SR. BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered sent to the House.
H. 4574 (Word version) -- Rep. Robbins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE EDISTO RIVER ON SOUTH CAROLINA HIGHWAY 61 AT THE DORCHESTER/COLLETON COUNTY LINE THE "ERNEST GROVER EWERS SR. MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered returned to the House.
H. 5086 (Word version) -- Reps. Robbins, Gatch, Holman, Brewer and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 78 AND MALLARD ROAD IN THE TOWN OF JEDBURG IN DORCHESTER COUNTY "HERMAN ELROY MUCKENFUSS MEMORIAL INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered returned to the House.
H. 5410 (Word version) -- Reps. Moss, Pope, Guffey, King, Ligon, Martin, Sessions and Terribile: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 321 AND SOUTH CAROLINA HIGHWAY 322 IN THE CITY OF ROCK HILL IN YORK COUNTY "SHERIFF JOE MITCHELL INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
Senator GROOMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 1203 (Word version) -- Senator Tedder: A SENATE RESOLUTION TO RECOGNIZE AND HONOR SGT. KIRK HANSON UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1204 (Word version) -- Senator Blackmon: A SENATE RESOLUTION TO CONGRATULATE FLAT CREEK BAPTIST CHURCH UPON THE OCCASION OF ITS TWO HUNDRED FIFTIETH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ITS TWO AND A HALF CENTURIES OF DEDICATED SERVICE TO THE LANCASTER COMMUNITY AND THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1205 (Word version) -- Senators Walker, Hutto, Jackson, Williams, Allen, Sabb, Matthews, Tedder, Devine, Graham, Ott and Sutton: A SENATE RESOLUTION TO HONOR THE LIFE AND LEGACY OF THE REVEREND DR. SIMON P. BOUIE, DISTINGUISHED CLERGYMAN, CIVIL RIGHTS PIONEER, AND COMMUNITY LEADER; TO RECOGNIZE HIS EXTRAORDINARY CONTRIBUTIONS TO THE ADVANCEMENT OF JUSTICE, EQUALITY, AND HUMAN DIGNITY; AND TO EXPRESS PROFOUND SORROW UPON HIS PASSING.
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The Senate Resolution was adopted.
S. 1206 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO CONGRATULATE THE TOWN OF BRIARCLIFFE ACRES UPON THE OCCASION OF ITS FIFTIETH ANNIVERSARY OF INCORPORATION AND TO WISH THE TOWN AND ITS RESIDENTS GREAT PROSPERITY IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
S. 1207 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO CELEBRATE THE JOYOUS OCCASION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE MT. ZION BAPTIST CHURCH AND TO CONGRATULATE AND HONOR REVEREND SHERMAN B. MCBETH AND ITS CONGREGATION FOR THEIR YEARS OF DEDICATED SERVICE TO THE EASTOVER COMMUNITY.
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The Senate Resolution was adopted.
S. 1208 (Word version) -- Senator Allen: A SENATE RESOLUTION TO CONGRATULATE JESSIE THOMASON OF GREENVILLE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
S. 1209 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE OCONEE COUNTY HABITAT FOR HUMANITY UPON THE OCCASION OF ITS FORTIETH ANNIVERSARY AND TO COMMEND THE ORGANIZATION FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE OCONEE COMMUNITY AND THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1210 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE LEADERS, PARTNERS, AND PARTICIPANTS OF THE SOUTH CAROLINA 7 (SC7) EXPEDITION AS THEY CELEBRATE THE SEVENTH YEAR OF THE SC7 STATEWIDE EXPEDITION IN 2026; TO COMMEND THE SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR, SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, AND GLOBAL ECO ADVENTURES FOR THEIR OUTSTANDING COLLABORATION AND COMMITMENT TO CONSERVATION, EDUCATION, OUTDOOR RECREATION, ENVIRONMENTAL STEWARDSHIP, AND PUBLIC ENGAGEMENT IN 2026, A YEAR THAT ALSO MARKS THE TWO HUNDRED FIFTIETH ANNIVERSARY OF THE UNITED STATES OF AMERICA; AND TO RECOGNIZE THE LEADERSHIP OF DR. THOMAS S. MULLIKIN, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES, IN ADVANCING THE MISSION AND IMPACT OF SC7 ACROSS SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1211 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE WALHALLA CHAPTER OF THE NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION UPON THE OCCASION OF ITS ONE HUNDRED TENTH ANNIVERSARY AND TO COMMEND THE CHAPTER FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE OCONEE COUNTY COMMUNITY AND THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1212 (Word version) -- Senator Chaplin: A SENATE RESOLUTION TO CONGRATULATE HARTSVILLE'S GOSPEL IN THE PARK SERIES ON THE OCCASION OF ITS TWENTIETH ANNIVERSARY AND TO WISH ITS STAFF AND SPONSORS MUCH CONTINUED SUCCESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.
S. 1213 (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 SENATE RESOLUTION TO RECOGNIZE AND HONOR HUTSON-ETHERREDGE COMPANIES AND TO CONGRATULATE THE OWNERS AND STAFF AS THEY CELEBRATE ONE HUNDRED FIFTY YEARS OF EXCELLENCE IN SERVING THE INSURANCE NEEDS OF AIKEN COUNTY AND THE CENTRAL SAVANNAH RIVER AREA.
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The Senate Resolution was adopted.
S. 1214 (Word version) -- Senator Garrett: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DAVID VICKERY, DIRECTOR OF BANDS AT NINETY SIX HIGH SCHOOL, UPON THE OCCASION OF HIS RETIREMENT AFTER NEARLY THREE DECADES OF BUILDING A CULTURE, A TRADITION, AND FOR SOME STUDENTS, A SECOND HOME, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1215 (Word version) -- Senator Garrett: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE GREENWOOD CHRISTIAN SCHOOL BOYS SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2026 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 1/2A STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.
S. 1216 (Word version) -- Senator Davis: A SENATE RESOLUTION TO RECOGNIZE AND HONOR CHAPLAIN MAJOR GENERAL WILLIAM "BILL" GREEN JR., AND TO COMMEND HIM FOR HIS FAITH, SERVICE, LEADERSHIP, PERSEVERANCE, AND DEDICATION.
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The Senate Resolution was adopted.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.127, S. 238 by a vote of 97 to 3:
(R127, S238 (Word version)) -- Senators Alexander, Peeler, Massey and Rankin: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-1-180, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND CONDITIONS FOR EXTENDED SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY CALL THEIR RESPECTIVE BODIES INTO SESSION AFTER THE SINE DIE ADJOURNMENT DATE IF THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION IS NOT COMPLETED BY THE SINE DIE ADJOURNMENT DATE, TO PROVIDE THE TIME PERIOD DURING WHICH THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY BE CALLED BACK TO COMPLETE THOSE MATTERS AND ANY CONFERENCE COMMITTEES APPOINTED ON OR BEFORE THE DATE OF SINE DIE ADJOURNMENT, AND TO PROVIDE FOR THE TOLLING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD THAT THE GENERAL ASSEMBLY HAS TO REVIEW STATE REGULATIONS.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.227, S. 428 by a vote of 90 to 6:
(R227, S428 (Word version)) -- Senators Allen, Hembree and Garrett: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43 SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 922 (Word version) -- Senators Massey, Alexander, Hutto, Campsen, Leber and Kimbrell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-210, RELATING TO FILLING VACANCIES WHEN THE SENATE IS NOT IN SESSION, SO AS TO PROVIDE FOR WHEN THE GOVERNOR MAY MAKE AN INTERIM APPOINTMENT; BY AMENDING SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE ELECTION COMMISSION SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; BY ADDING SECTION 1-30-12 SO AS TO PROVIDE THAT CABINET MEMBERS WILL SERVE COTERMINOUS WITH THE GOVERNOR THAT APPOINTS THEM; BY AMENDING SECTION 1-13-40, RELATING TO THE COMMISSION ON HUMAN AFFAIRS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-15-10, RELATING TO THE COMMISSION ON THE STATUS OF WOMEN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 1-31-10, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT AND ENGAGEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 6-19-30, RELATING TO THE COMMISSION FOR COMMUNITY ADVANCEMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-1-370, RELATING TO THE ADVISORY COMMITTEE OF THE DIVISION OF STATE DEVELOPMENT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-19-10, RELATING TO THE MIDLANDS AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 13-21-10, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 25-21-20, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 38-89-160, RELATING TO THE DAY CARE JOINT UNDERWRITING ASSOCIATION BOARD OF DIRECTORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-7-10, RELATING TO THE BOARD OF BARBER EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-13-10, RELATING TO THE BOARD OF COSMETOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-20-40, RELATING TO THE PANEL FOR DIETETICS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-30-40, RELATING TO THE BOARD OF MASSAGE THERAPY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-35-10, RELATING TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-47-11, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-51-30, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-57-40, RELATING TO THE REAL ESTATE COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-59-10, RELATING TO THE RESIDENTIAL BUILDERS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-60-10, RELATING TO THE REAL ESTATE APPRAISERS BOARD, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-63-10, RELATING TO THE BOARD OF SOCIAL WORK EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-67-10, RELATING TO THE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-69-10, RELATING TO THE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 40-81-50, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 43-31-40, RELATING TO THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-43-1320, RELATING TO DONATE LIFE SOUTH CAROLINA, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 44-53-830, RELATING TO THE DARE FUND, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-41-260, RELATING TO THE AGRICULTURAL COMMODITIES ADVISORY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 46-50-40, RELATING TO THE COMMISSIONER OF AGRICULTURE, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 48-23-10, RELATING TO THE COMMISSION OF FORESTRY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 50-5-2700, RELATING TO THE ATLANTIC STATES MARINE FISHERIES COMPACT, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 51-13-1720, RELATING TO THE OLD JACKSONBOROUGH HISTORIC DISTRICT BOARD OF REGENTS, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 54-17-30, RELATING TO THE MARITIME SECURITY COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-11-40, RELATING TO THE COMMISSION OF ARCHIVES AND HISTORY, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; BY AMENDING SECTION 60-15-20, RELATING TO THE ARTS COMMISSION, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE; AND BY AMENDING SECTION 63-11-700, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REMOVE THE ADVICE AND CONSENT OF THE SENATE.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 5538 (Word version) -- Reps. Pope, Herbkersman, G.M. Smith, Hartz, W. Newton, Jordan, Ligon, Oremus, Neese, Taylor, Hiott, Cromer, Gilreath, Morgan, Lastinger, Huff, Burns, Chumley, Beach, D. Mitchell, McCabe, Pedalino, Vaughan, Kilmartin, Gibson and Govan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "GUARANTEE BANKING ACT" BY ADDING CHAPTER 47 TO TITLE 34 SO AS TO PROVIDE FOR FAIRNESS AND TRANSPARENCY IN BANKING.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4300 (Word version) -- Reps. Bannister, Jordan, W. Newton, Yow, C. Mitchell and Luck: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-8-50, RELATING TO SERVICE CREDIT IN THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT JUDGES ARE VESTED IN THE SYSTEM AFTER ATTAINING EIGHT YEARS OF EARNED SERVICE; AND BY AMENDING SECTION 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES' AND SOLICITORS' ALLOWANCES, SO AS TO CHANGE THE RETIREMENT AGE OF JUDGES FROM SEVENTY-TWO TO SEVENTY-FOUR.
The Senate proceeded to consideration of the Bill.
On motion of Senator HUTTO, under Rule 26B, the Senate agreed to take up further amendments on third reading.
Senator ALEXANDER proposed the following amendment (SR-4300.CEM0002S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 9-8-50(E)(1) and inserting:
(1) A judge is vested in the system after attaining ten eight years of earned service in the position of judge, a solicitor is vested in the system after attaining eight years of earned service as a solicitor, and a circuit public defender is vested in the system after attaining eight years of earned service as a circuit public defender.
Amend the bill further, SECTION 2, by striking Section 9-8-60(1) and inserting:
(1) A member of the system may retire upon written application to the board setting forth at what time, not later than the end of the calendar year in which the member attains age seventy-two seventy-four and not more than ninety days prior nor more than six months subsequent to the execution and filing thereof, the member desires to be retired, if the member at the time so specified for retirement is no longer in the service of the State, except as a member of the General Assembly or as allowed pursuant to subsection (7), and has completed ten eight years of earned service as a judge or eight years of earned service as a solicitor or circuit public defender or was in service as a judge or solicitor on July 1, 1984, and has either:
(a) attained the age of sixty-five and completed at least twenty years of credited service;
(b) attained age seventy and completed at least fifteen years of credited service; or
(c) completed at least twenty-five years of credited service in the system for a judge, or twenty-four years of credited service in the system for a solicitor or circuit public defender, regardless of age. A member may retire under this section if the member was a member of this system as of June 30, 2004; attained age sixty-five with at least four years' earned service in the position of judge, solicitor, or circuit public defender; and, as of June 30, 2004, had a total of twenty-five years of credited service with the State in the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Members of the General Assembly.
A person receiving retirement allowances under this system who is elected to the General Assembly continues to receive the retirement allowances while serving in the General Assembly, and also must be a member of the retirement system unless the person files a statement with the board on a form prescribed by the board electing not to participate in the applicable system while a member of the General Assembly. A person making this election shall not make contributions to the applicable retirement system nor shall the State make contributions on the member's behalf and the person is not entitled to benefits from the applicable retirement system after ceasing to be a member of the General Assembly.
Amend the bill further, by striking SECTION 3 and inserting:
SECTION 3. Any judge who attains age seventy-two in 20252026 and whose current seat has been screened and a successor elected, may elect to stay active and continue to accrue earned service in the Retirement System for Judges and Solicitors as long as he continues to serve as a judge in a full-time capacity, however once the judge reaches eight ten years of earned service in the system, he may not earn any further service credit.
Amend the bill further, by striking SECTION 4 and inserting:
SECTION 4. This act takes effect upon approval by the Governor and applies to members who have not attained age seventy-four before January 1, 2026-2027.
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Blackmon Bright Campsen Chaplin Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Walker Williams Young Zell
Bennett Cash Climer
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.
Senator MASSEY asked unanimous consent that the veto of the Governor regarding S. 238 be taken up for consideration.
May 18, 2026
The Honorable Thomas C. Alexander
President of the South Carolina Senate
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am herby vetoing and returning without my approval R-127, S. 238, which seeks to amend section 2- 1 A80 of the South Carolina Code of Laws regarding the General Assembly's sine die adjournment.
This legislation violates the Constitution. Under the Constitution, the General Assembly must "convene at the State Capitol Building in the City of Columbia on the second Tuesday of January of each year," S.C Const. art. Ill. 9. Once the General Assembly adjourns sine die each year, the Governor "may" "convene the General Assembly in extra session' for "extraordinary occasions". Id. art, IV, S 19. What constitutes an "extraordinary occasion" "must be left to the discretion of the Governor," and the Supreme Court has declared that it "may not review that decision." McConnell v, Haley 393 S.C. 136 138, 71 1 S.E.2d 886, 887 (201 1).
Section 2-1-180 requires the General Assembly to "adjourn sine die each year not later than five o clock p.m. on the second Thursday in May." S.C. Code Ann. 2-1-180. That statute establishes three circumstances when the date of the sine die adjournment may be extended. Id
S. 238 does not add a -fourth circumstance for an extension of the sine die adjournment date. Instead, S. 238 would amend section 2-1-180 to allow the President of the Senate and the Speaker of the House of Representatives to "call their respective bodies into session at any time after the dale of sine die adjournment' until June 30 each year to complete the appropriations bill, Capital Reserve Fund resolution, and conference committee reports. R-127 S, 238, 1, : 26th Gen. Assembly. (S.C. 2026) (emphasis added). The power to convene the General Assembly in an extra session after it adjourns sine die belongs exclusively to the Governor.
S.C. Const. art. IV, 19. This power cannot be shared with the legislative branch. See S.C. Const. art. I, 8 ("In the government of this State, the legislative, executive, and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume discharge the duties of any other.
Moreover, S. 238 wrongly grants the General Assembly a preemptive extension every year to complete its work. South Carolinians in myriad jobs have deadlines at work that they must meet, and they work hard to meet those deadlines without knowing ahead of time that they will have an extra month and a half to complete their jobs if they do not finish on time. The People's representatives should strive to complete their work by the statutory deadline.
Completing the budget by mid-May every year also allows government agencies to plan effectively for the coming fiscal year, When the budget process drags into late June, agencies face uncertainty and are not as prepared to serve the citizens of this State.
For the foregoing reasons I am respectfully vetoing R- 127, S, 238 and returning the same without my signature.
Yours very truly,
Henry D. McMaster
(R127, S.238 (Word version)) -- Senators Alexander, Peeler, Massey and Rankin: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-1-180, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY AND CONDITIONS FOR EXTENDED SESSION, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY CALL THEIR RESPECTIVE BODIES INTO SESSION AFTER THE SINE DIE ADJOURNMENT DATE IF THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION IS NOT COMPLETED BY THE SINE DIE ADJOURNMENT DATE, TO PROVIDE THE TIME PERIOD DURING WHICH THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY BE CALLED BACK TO COMPLETE THOSE MATTERS AND ANY CONFERENCE COMMITTEES APPOINTED ON OR BEFORE THE DATE OF SINE DIE ADJOURNMENT, AND TO PROVIDE FOR THE TOLLING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD THAT THE GENERAL ASSEMBLY HAS TO REVIEW STATE REGULATIONS.
The veto of the Governor was taken up for immediate consideration.
Senator MASSEY spoke on the veto.
Senator MASSEY moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator ALLEN asked unanimous consent that the veto of the Governor regarding S. 428 be taken up for consideration.
May 19, 2026
The Honorable Thomas C. Alexander
President of the South Carolina Senate
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R-227, S. 428, which seeks to amend existing law so as to authorize-and, at least in certain cases, to require-the expungement of multiple convictions for passing or uttering fraudulent checks.
I vetoed virtually identical legislation in 2024. See Veto Message, R-177, S. 112 (May 21, 2024). For the same reasons, I am vetoing S. 248. First, employers are entitled to accurate records. They should, of course, understand any convictions in context and recognize when someone has paid his debt to society and has reformed his life. Second, expunging records encourages individuals to be dishonest about their criminal history. And third, fraudulent checks involve an intent to defraud, so it constitutes a crime of moral turpitude. See S.C. Code Ann. Section 34-1 l-60(a); State v. Harrison, 298 S.C. 333,336,380 S.E.2d 818, 819 (1989). A fraudulent check is not simply a "bad check," one honestly and inadvertently written on insufficient funds.
As I have said before, we can achieve both an accurate record of the lives that people have led and ensure that honest, willing South Carolinians can find a job that is right for them.
For the foregoing reasons, I am respectfully vetoing R-227, S. 428 and returning the same without my signature.
Yours very truly.
Henry McMaster
(R227, S428 (Word version)) -- Senators Allen, Hembree and Garrett: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; BY AMENDING SECTION 17-22-910, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT; AND BY ADDING SECTION 17-1-43 SO AS TO REQUIRE THE DESTRUCTION OF ARREST RECORDS OF PERSONS MADE AS A RESULT OF MISTAKEN IDENTITY UNDER CERTAIN CIRCUMSTANCES.
The veto of the Governor was taken up for immediate consideration.
Senator ALLEN moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Chaplin Climer Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Zell
Cash Corbin Young
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator KIMBRELL asked unanimous consent that the veto of the Governor regarding H. 3558 be taken up for consideration.
Senator MATTHEWS objected.
Senator MASSEY asked unanimous consent that the veto of the Governor regarding H. 3558 be taken up for consideration.
Senator SUTTON objected.
On motion of Senator MASSEY, under Rule 32A, the Senate agreed to vary the order of the day and proceed to the Veto.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.179, H. 3558 by a vote of 74 to 27:
(R179, H3558 (Word version)) -- Reps. Taylor, Pope, Hewitt, B. Newton, C. Mitchell, Yow, Oremus, Willis, Ligon and Guffey: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ARTICLE 23 OF CHAPTER 1, TITLE 1, RELATING TO CALLS OR APPLICATIONS FOR CONSTITUTIONAL AMENDING CONVENTIONS MADE TO CONGRESS, SO AS TO RETITLE THE ARTICLE, TO DEFINE NECESSARY TERMS, AND TO PROVIDE FOR THE QUALIFICATIONS, APPOINTMENT, OATH, AND DUTIES OF COMMISSIONERS APPOINTED TO REPRESENT THE STATE AT AN ARTICLE V CONVENTION, AMONG OTHER THINGS.
Very respectfully,
Speaker of the House
Received as information.
(R179, H3558 (Word version)) -- Reps. Taylor, Pope, Hewitt, B. Newton, C. Mitchell, Yow, Oremus, Willis, Ligon and Guffey: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ARTICLE 23 OF CHAPTER 1, TITLE 1, RELATING TO CALLS OR APPLICATIONS FOR CONSTITUTIONAL AMENDING CONVENTIONS MADE TO CONGRESS, SO AS TO RETITLE THE ARTICLE, TO DEFINE NECESSARY TERMS, AND TO PROVIDE FOR THE QUALIFICATIONS, APPOINTMENT, OATH, AND DUTIES OF COMMISSIONERS APPOINTED TO REPRESENT THE STATE AT AN ARTICLE V CONVENTION, AMONG OTHER THINGS.
On motion of Senator MASSEY, the Senate agreed to waive the provisions of Rule 32A requiring the Veto to be printed on the Calendar.
The veto of the Governor was taken up for immediate consideration.
Senator MASEY moved that the veto of the Governor be overridden.
The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Blackmon Cash Chaplin Climer Elliott Gambrell Hembree Johnson Kennedy Massey Peeler Reichenbach Rice Stubbs Turner Young Zell
Bright Devine Hutto Sabb Sutton
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.
H. 4635 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-79-60, RELATING TO PHYSICAL FITNESS SERVICE CONTRACTS, SO AS TO ALLOW THE USE OF ELECTRONIC NOTIFICATION FOR AUTOMATIC RENEWAL OF CONTRACTS.
On motion of Senator CORBIN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator CORBIN spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The General Assembly, Columbia, S.C., May 14, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4635 (WORD VERSION) -- Rep. B. Newton: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-79-60, RELATING TO PHYSICAL FITNESS SERVICE CONTRACTS, SO AS TO ALLOW THE USE OF ELECTRONIC NOTIFICATION FOR AUTOMATIC RENEWAL OF CONTRACTS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 44-79-60(4) of the S.C. Code is amended to read:
(4) provide for an a one-month automatic renewal option, for a duration of no longer than one month, which to be enforceable must be disclosed in bold type of at least fourteen-point font on the front page of the contract and must be initialed by the customer. The customer will be given the ability to opt-in to may accept the automatic renewal provision at the time the initial contract is executed by initialing an opt-in provision. Near No later than ten days before the expiration of the initial contract, the facility shall notify the customer in writing at the customer's last known address or electronically, by means specified in the initial contract, of the automatic renewal option which the customer selected at the time the initial contract was executed. Price may not increase or decrease in an automatically renewed contract without written notice to the customer of at least thirty but not more than sixty days prior to the effective date of the change in price;
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Sen. Corbin /s/Rep. B. Newton /s/Sen. Garrett /s/Rep. Davis /s/Sen. Tedder /s/Rep. J. Moore On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 4635 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-79-60, RELATING TO PHYSICAL FITNESS SERVICE CONTRACTS, SO AS TO ALLOW THE USE OF ELECTRONIC NOTIFICATION FOR AUTOMATIC RENEWAL OF CONTRACTS.
Very respectfully,
Speaker of the House
Received as information.
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 MASSEY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MASSEY spoke on the report.
Senator SUTTON spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Campsen Cash Climer Cromer Elliott Gambrell Grooms Hembree Jackson Johnson Leber Massey Ott Peeler Reichenbach Rice Turner Verdin Walker Williams Young Zell
Bright Chaplin Corbin Devine Graham Kennedy Matthews Sabb Stubbs Sutton Tedder
The Committee of Conference Report was adopted as follows:
The General Assembly, Columbia, S.C., June 24, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3924 (WORD VERSION) -- Reps. Wooten, W. Newton, Erickson, Neese, Hager, Bannister, Pope, Vaughan, T. Moore, Henderson-Myers, Herbkersman, M.M. Smith, Pedalino, C. Mitchell, Bustos, Lawson, Guffey, Hiott, Taylor, Ballentine, White, Long, Ligon, Guest, Gilliam, Hartnett, Bailey, Landing, B.J. Cox, Hayes, Atkinson, Willis, Lowe, Davis, Hixon, Martin and Robbins: 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. The General Assembly finds and declares that:
(A) The State has a substantial interest in regulating intoxicating beverages that may cause impairment, such as beer, wine, liquor, and hemp-cannabinoid beverages, and an interest in regulating the activities of the manufacturers, importers, wholesalers, and retailers; and the influences that affect the consumption levels of such intoxicating beverages by the people of the State.
(B) The State has substantial interest in exercising its police power to promote the public health, safety, and welfare of the State by regulating the business of manufacturing, distributing, and retail sales of intoxicating beverages that may cause impairment in the manner and to the extent allowed by law to promote and preserve public health and safety while providing for economic opportunities within the State.
(C) The State has a substantial interest in prioritizing the health and safety of the children of South Carolina and is committed to ensuring proper age verification and efficient enforcement of the requirements and restrictions of this act.
(D) By this act, the General Assembly intends to promote the public health, safety, and welfare of residents of this State with laws intended to strictly regulate intoxicating beverages containing beer, wine, liquor, or hemp-cannabinoid products.
(E) This act has been enacted pursuant to the powers reserved to the states under the Tenth Amendment to the United States Constitution, and the inherent powers of the State under the Constitution of the State of South Carolina, 1895, and the statutes promulgated thereunder. It is the intent of the General Assembly that this act do all of the following:
(1) further regulate and control transactions in this State as to intoxicating beverages that may cause impairment under the control and supervision of the Department of Revenue;
(2) strictly regulate all intoxicating beverage transactions by fostering moderation and responsibility in the use and consumption of all intoxicating beverages;
(3) promote and assure the public's interest in fair and efficient distribution and quality control of intoxicating beverages in this State;
(4) promote orderly marketing of intoxicating beverages;
(5) provide for an orderly system of public revenues by facilitating the collection and accountability of this State and local excise taxes;
(6) facilitate the collection of state and local revenue;
(7) maintain trade stability and provide for the continuation of control and orderly processing by the State over the regulation of intoxicating beverages manufacturing locations and the process of selling intoxicating beverages to the state's consumers;
(8) ensure that the Department of Revenue and State Law Enforcement Division are able to monitor licensed operations through on-site inspections to confirm compliance with state law and that any intoxicating beverages shipped into, distributed, and sold throughout this State:
(a) have been registered for sale in this State with the Department of Revenue, as prescribed by law;
(b) are not subject to a government mandated or supplier initiated recall;
(c) are not counterfeit;
(d) are labeled in conformance with applicable laws, rules, and regulations;
(e) can be inspected and tested by the Department of Revenue or the State Law Enforcement Division; and
(f) are not prohibited by this State;
(9) promote and maintain a sound, stable, and viable three-tier system of distribution of intoxicating beverages to the public; and
(10) ensure that statutes and regulations relating to intoxicating beverages exist to serve the interests of the State of South Carolina and its citizens rather than to serve or protect the interests of the market participants by adopting protectionist measures with no demonstrable connection to the state's legitimate interests in regulating intoxicating beverages that may cause impairment.
SECTION 2. Chapter 55, Title 46 of the S.C. Code is amended by adding:
Section 46-55-5. The purpose of this chapter is to regulate the sale and distribution of hemp products. It is the intent of the General Assembly that the manufacture, sale, and distribution of hemp-cannabinoid products are strictly prohibited unless specifically provided for in this chapter and Chapters 2, 4, 6, and 14 of Title 61, and synthetic cannabis products are strictly prohibited and a violation should be treated as marijuana under Chapter 53, Title 44.
SECTION 3. Section 46-55-10 of the S.C. Code is amended to read:
Section 46-55-10. For the purposes of this chapter:
(1) "Cannabidiol" or "CBD" means the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
(2) "Cannabinoids" means any compounds that bind to cannabinoid receptors.
(3) Synthetic cannabis products" are prohibited products that are comprised of derivatives, extracts, cannabinoids, isomers, esters, ethers, acids, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation including, but not limited to:
(i) exo-tetrahydrocannabinol;
(ii) delta-10 tetrahydrocannabinol;
(iii) delta-8 tetrahydrocannabinol;
(iv) delta-7 tetrahydrocannabinol;
(v) delta-6a10a tetrahydrocannabinol;
(vi) hydrogenated forms of tetrahydrocannabinol, including hexahydrocannabinol; hexahydrocannabiphrol, and hexahydrocannabihexol;
(vii) ester forms of tetrahydrocannabinol, including delta-8 tetrahydrocannabinol, tetrahydrocannabinol-O-acetate, delta-9 tetrahydrocannabinol-O-acetate, delta-10 tetrahydrocannabinol-O-acetate, delta-6a10a tetrahydrocannabinol-O-acetate, and hexahydrocannabinol-O-6 acetate;
(viii) ether forms of tetrahydrocannabinol and hexahyrdocannabinol, including delta-9 tetrahydrocannabinol methyl ether and delta-8 tetrahydrocannabinol methyl ether;
(ix) analogues or tetrahydrocannabinols with an alkyl chain of four or more carbon atoms including tetrahydrocannabiphorols, tetrahydrocannabioctyls, tetrahydrocannabihexols, or tetrahydrocannabutols;
(x) delta-8 isotetrahydrocannabinol, delta-4 isotetrahydrocannabinol, and isohexahydrocannabinol;
(xi) any combination of the compounds, including hexahydrocannabiphorol-o-ester and delta-8 tetrahydrocannabiphorol acetate, or delta-9 tetrahydrocannabiphorol acetate; or
(xii) any other substance that contains THC that, when ingested, inhaled, or absorbed into the body, produces an intoxicating or psychoactive reaction.
(2)(4) "Commercial sales" means the sale of hemp products in the stream of commerce, at retail, wholesale, and online.
(3)(5) "Commissioner" means the Commissioner of the South Carolina Department of Agriculture.
(4)(6) "Cultivating" means planting, watering, growing, and harvesting a plant or crop.
(7) "Delta-8" means delta-8 tetrahydrocannabinol.
(8) "Delta-9" means delta-9 tetrahydrocannabinol.
(9) "Delta-10" means delta-10 tetrahydrocannabinol.
(5)(10) "Department" means the South Carolina Department of Agriculture.
(11) "Division" means the South Carolina Law Enforcement Division.
(6) "Federally defined THC level for hemp" means a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. SECTION 5940, whichever is greater.
(7)(12) "Handling" means possessing or storing hemp for any period of time. "Handling" also includes possessing or storing hemp in a vehicle for any period of time other than during its actual transport from the premises of a licensed person to cultivate or process industrial hemp to the premises of another licensed person. "Handling" does not mean possessing or storing finished hemp products.
(8)(13)(a) "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, including the nonsterilized seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hempa total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis. Hemp shall be considered an agricultural commodity.
(b) "Hemp" does not include:
(i) any viable seeds from a Cannabis sativa L. plant that exceeds a total THC concentration of 0.3 percent in the plant on a dry weight basis; or
(ii) any intermediate hemp-derived cannabinoid products containing:
(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
(II) cannabinoids that:
(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
(bb) were synthesized or manufactured outside the plant; or
(III) more than 0.3 percent combined total of:
(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and
(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services); or
(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or
(iv) any final hemp-derived cannabinoid products containing:
(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant;
(II) cannabinoids that:
(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and
(bb) were synthesized or manufactured outside the plant.
(14) "Hemp product" means all products containing cannabidiol with a total delta-9 THC concentration of not more than 0.3 percent on a dry weight basis derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale including, but not limited to, cosmetics, personal care products, food intended for human and animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids such as, but not limited to: CBD, CBG, CBC, or CBN provided the product does not cause a psychoactive reaction. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product.
(9)(15) "Hemp-cannabinoid products" only means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Unprocessed or raw plant material, including nonsterilized hemp seeds, is not considered a hemp product permitted under Title 61 for human consumption.
(10)(16) "Licensee" means an individual or business entity possessing a license issued by the department under the authority of this chapter to cultivate, handle, or process hemp.
(11)(17) "Marijuana" has the same meaning as in Section 44-53-110 and does not include tetrahydrocannabinol in hemp or hemp products as defined herein or hemp-cannabinoid beverages or chewables as defined in Section 61-14-20.
(12)(18) "Processing" means converting an agricultural commodity into a marketable form.
(19) "Psychoactive reaction" means an altered state of the brain that has significant effects on a person's psychological processes, consciousness, thinking, physical ability, perception, or emotion.
(13)(20) "State plan" means the plan submitted by the department and approved by the Secretary of the United States Department of Agriculture pursuant to which the department regulates hemp production.
(14)(21) "THC" means tetrahydrocannabinol.
SECTION 4. Chapter 55, Title 46 of the S.C. Code is amended by adding:
Section 46-55-70. (A) Any hemp product processed, distributed, sold, or offered for sale to consumers in this State in violation of this chapter is considered contraband and may be seized by law enforcement as provided for by law.
(B) The division is vested with the enforcement of this section.
Section 46-55-80. Nothing in this chapter may be construed to limit the interstate commerce of any product being transported through this State.
Section 46-55-90. Cannabidiol in a hemp product that does not have a psychoactive reaction is not restricted by this chapter.
SECTION 5. Section 61-2-10 of the S.C. Code is amended to read:
Section 61-2-10. (A) As used in Title 61, unless the context clearly requires otherwise:
(1) "Department" means the South Carolina Department of Revenue.
(2) "Director" means the Director of the Department of Revenue.
(3) "Division" means the South Carolina Law Enforcement Division.
(4) "Regulation", unless otherwise specified, means a regulation promulgated by the department or division pursuant to (a) this title or (b) other provisions of the code relating to beer, wine, and alcoholic liquors, and in accordance with Chapter 23 of Title 1.
(5)"Hemp-cannabinoid product" includes products defined as a "hemp-cannabinoid beverage" pursuant to Section 61-4-15 and hemp-cannabinoid products containing more than five milligrams and not more than ten milligrams of allowable THC concentration as referred to in Section 61-6-20. Products meeting the definition of cannabidiol or CBD as defined in Section 46-55-10(10) and 46-55-90 are not hemp-cannabinoid products for purposes of Title 61.
SECTION 6. Section 61-2-60 of the S.C. Code is amended to read:
Section 61-2-60. The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with this title including, but not limited to:
(1) regulations for the application and issuance of alcoholic liquor and hemp-cannabinoid product licenses, permits, and certificates;
(2) regulations to prevent the unlawful manufacture, bottling, sale, distribution, transportation, and importation of alcoholic liquors and hemp-cannabinoid products;
(3) regulations necessary to affect an equitable distribution of alcoholic liquors and hemp-cannabinoid products in this State;
(4) regulations for the analysis of alcoholic liquors and hemp-cannabinoid products sold in this State and for a procedure for obtaining the samples for this purpose;
(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of beer and wine and hemp-cannabinoid products;
(6) regulations for application for and issuance of beer licenses, permits, or brewers' certificates of approval and the sale, distribution, promotion, and shipment of beer into and within the State;
(7) regulations for the operation of breweries and commercial wineries; and
(8) regulations governing the enforcement of provisions relating to brewpubs; and
(9) regulations governing the development, implementation, education, and enforcement of responsible alcohol server training provisions.
SECTION 7. Section 61-2-100(I) of the S.C. Code is amended to read:
(I) The department may not issue a wholesale beer and wine or a hemp-cannabinoid product permit pursuant to this title unless the applicant is a legal resident of the United States and has been a legal resident of this State and has maintained his principal place of abode in this State for at least thirty days before the date of the application.
SECTION 8. Section 61-2-135 of the S.C. Code is amended to read:
Section 61-2-135. When a person licensed to sell alcoholic liquor or, beer and wine, or a hemp-cannabinoid product moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department. In addition to a hemp-cannabinoid product retail license, the person must also have a retail license for alcoholic liquor or beer and wine and continue selling both types of products in the new location.
SECTION 9. Section 61-2-136 of the S.C. Code is amended to read:
Section 61-2-136. Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or, currently licensed alcoholic liquor wholesaler, or currently licensed hemp-cannabinoid product wholesaler who wishes to relocate the licensed business to a new location within the State must notify the department. This notice must be in writing, must precisely describe the premises to be licensed, must give the date of the move, and must be filed with the department at least thirty days prior to the move. Upon receipt of this notice, the department shall transfer the permit to the new premises effective on the date of the move. In addition to a hemp-cannabinoid product wholesaler license, the person must also have a wholesale license for alcoholic liquor and continue purchase, store, keep, possess, import into this State, transport, sell, and deliver both hemp-cannabinoid products and or liquor in the new location.
SECTION 10. Section 61-2-150 of the S.C. Code is amended to read:
Section 61-2-150. If a fine is imposed by the department for a violation by a beer, wine, hemp-cannabinoid product, or liquor licensee, and the licensee fails to pay the fine and ceases doing business on the premises where the violation occurred, the department must not require a subsequent tenant of the premises to pay the fine as a condition to being issued a beer, wine, hemp-cannabinoid product or liquor license. However, this prohibition does not apply to any person who is related by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee so fined.
The burden is on the new tenant to prove that no such relationship exists between him and the licensee.
SECTION 11. Section 61-2-170 of the S.C. Code is amended to read:
Section 61-2-170. The department may not generate license fees to be deposited in the general fund of the State through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquors, beer, or wine, or hemp-cannabinoid products to be sold on a drive-through or curb service basis.
SECTION 12. Section 61-2-30 of the S.C. Code is amended to read:
Section 61-2-30. The department and the division must employ personnel necessary to administer and enforce the laws and regulations governing alcoholic liquors, hemp-cannabinoid products, beer, and wine. Salaries of these personnel must be set by the department and the division, as applicable.
SECTION 13. Section 61-2-80 of the S.C. Code is amended to read:
Section 61-2-80. The State, through the department, is the sole and exclusive authority empowered to regulate the operation of all locations authorized to sell beer, wine, hemp-cannabinoid products, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, hemp-cannabinoid products, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title.
Nothing contained in this section may be considered as prohibiting judicial appeals from decisions of the Administrative Law Court, as authorized by Chapter 23 of Title 1, nor as limiting the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department.
SECTION 14. Section 61-2-105 of the S.C. Code is amended to read:
Section 61-2-105. Notwithstanding another provision of law, all initial alcoholic liquor, hemp-cannabinoid product, and beer and wine license application fees are increased by one hundred dollars, all biennial alcoholic liquor and beer and wine beverage fees and licenses are increased by two hundred dollars, and all local operation permit fees are increased by fifty dollars. These additional funds must be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend, and carry forward these funds.
SECTION 15. Section 61-2-175 of the S.C. Code is amended to read:
Section 61-2-175. (A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, hemp-cannabinoid products, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.
(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds.
SECTION 16. Chapter 4, Title 61 of the S.C. Code is amended by adding:
Section 61-4-15. (A) "Hemp-cannabinoid beverage" is a chemically intoxicating beverage subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution.
(B) For the purposes of this chapter, hemp-cannabinoid beverages that contain no more than five milligrams of an allowable THC concentration in a single serving in a twelve-ounce container shall be treated as beer or wine as described in Chapter 4, except for the provisions in Chapter 14 including creation of hemp-cannabinoid product licenses, violations, and penalties.
SECTION 17. Sections 61-4-20 through 61-4-70 of the S.C. Code are amended to read:
Section 61-4-20. It is unlawful for a person to sell or permit to be sold beer, ale, porter, wine, malt, hemp-cannabinoid beverage, or other beverage authorized to be sold under this chapter on which the tax levied has not been paid. A person having charge of the sale of one of these beverages who sells or permits it to be sold in violation of the provisions of this section is guilty of a misdemeanor and, upon conviction, for each offense must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, in the discretion of the court.
Section 61-4-30. Beer, or wine, or hemp-cannabinoid beverages sold by wholesalers to the holders of retail licenses in this State must be sold for cash only at the time of delivery or prior to delivery. For purposes of this section, "cash" means money or a bona fide check, money order, or electronic transfer of funds if the transfer of funds is initiated by an irrevocable payment order on or before delivery of the beer or wine. The electronic transfer must be initiated by the wholesaler no later than one business day after delivery. A holder of a retail permit who issues a check or an irrevocable payment order in payment for beer or wine with insufficient funds at the bank to cover the check violates the provisions of this section. This provision for cash payment applies to cash deposits on empties when beer is delivered in returnable containers. This deposit on bottles or draft beer containers must not be less than the charge from the brewery to the wholesaler.
Section 61-4-40. A holder of a beer permit, or a beer and wine permit, or a hemp-cannabinoid permit may not purchase beer, or wine, or hemp-cannabinoid beverages, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for a first violation of this section. If a holder commits a second or subsequent violation, his retailer's permit may be suspended, canceled, or revoked by the department, or a monetary penalty of not more than twenty-five dollars may be assessed against him.
Section 61-4-50. (A) It is unlawful for a person to sell beer, ale, porter, wine, hemp-cannabinoid beverage, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS an Office of Substance Use Services approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars.
(D)(1) Whenever any person who has not previously been convicted of any offense under this section, pleads guilty to or is found guilty of a sale in violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires provided that one such condition must be that he complete the merchant education program described in subsection (C). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section must be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this section. The South Carolina Law Enforcement Division must produce this record upon subpoena or court order. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of the person and discharge of the proceedings against him pursuant to item (1), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained as provided in item (1), all recordation relating to his arrest, indictment or information, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after the hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose, except when the person is providing sworn statements or giving testimony under oath. A conditional discharge granted pursuant to this section does not preclude a person from availing themselves of subsequent pre-trial diversion options provided by law.
(3) Before a person may be discharged and the proceedings dismissed pursuant to this subsection, the person must pay a fee of three hundred fifty dollars if the person is in a general sessions court and one hundred fifty dollars if the person is in a summary court. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this item must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.
(4) Conditional discharge may only be granted by the court in accordance with the provisions of this section upon approval of the circuit solicitor or prosecuting officer.
(E) Violations for sale of hemp-cannabinoid beverages to a person under the age of twenty-one are provided for in Section 61-14-320.
Section 61-4-60. It is unlawful for a person to whom beer or, wine, or hemp-cannabinoid beverage cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or, wine, or hemp-cannabinoid beverage. A person who violates the provisions of this section, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.
Section 61-4-70. A person engaged in the business of selling at retail beer or, wine, or hemp-cannabinoid beverage must post in each location for which he has obtained a permit a sign with the following words printed thereon: "The possession of beer, wine, hemp-cannabinoid beverage, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, hemp-cannabinoid beverage, or liquor". The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.
A retail seller of beer or, wine, or hemp-cannabinoid beverage who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
A person found guilty of a violation of Section 61-6-1530 and this section may not be sentenced under both sections for the same offense.
SECTION 18. Sections 61-4-90 through 61-4-100 of the S.C. Code are amended to read:
Section 61-4-90. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or, wine, or hemp-cannabinoid beverage in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine or hemp-cannabinoid beverage to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;
(2) parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or
(3) person giving beer or wine or hemp-cannabinoid beverage to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine or hemp-cannabinoid beverage was lawfully purchased.
(D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(E) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(F) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.
Section 61-4-100. (A) If a person is charged with a violation of the unlawful sale of beer or, wine, or hemp-cannabinoid beverage to minors pursuant to Section 61-4-50, the minor also must be charged with a violation of the unlawful purchase or possession of beer or, wine, or hemp-cannabinoid beverage pursuant to Section 63-19-2440. In addition, if the minor violated false information as to age pursuant to Section 61-4-60 or if an adult violated the unlawful purchase of beer or, wine, or hemp-cannabinoid beverage for a person who cannot lawfully buy pursuant to Section 61-4-80, these persons also must be charged with their violations.
(B) A person may not be charged with a violation of Section 61-4-50 if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the provisions of subsections (A) and (B), a person under the age of twenty-one may be recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or, wine, or hemp-cannabinoid beverage to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-4-50 without the requirement that the minor also be charged.
SECTION 19. Section 61-4-150 of the S.C. Code is amended to read:
Section 61-4-150. If beer or, wine, or hemp-cannabinoid beverage is sold to anyone by a person who does not have a valid license to make the sale, all beer and, wine, and hemp-cannabinoid beverage found on the premises of the person is contraband and must be seized by a peace officer and treated as contraband liquor.
SECTION 20. Sections 61-4-200 through 61-4-210 of the S.C. Code are amended to read:
Section 61-4-200. Notwithstanding any other provision of law, a holder of a retail permit to sell beer and, wine, and hemp-cannabinoid beverage may transfer beer and wine to other businesses. In order for this transfer to be lawful, all businesses involved in the transfer must hold a retail beer and wine and, if applicable, a retail hemp-cannabinoid product permit issued to the same individual, partnership, or corporation. In addition, a particular brand of beer may be transferred only between retail stores located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the department pursuant to Section 61-4-1300. Transfers of beer and wine or hemp-cannabinoid beverage between retail beer and wine and, if applicable, hemp-cannabinoid beverage locations in a manner not authorized by this section, purchase of beer or wine and, if applicable, hemp-cannabinoid beverage by a retailer from another retailer for the purpose of resale, and sale of beer or wine or hemp-cannabinoid beverage by a retailer to a retailer for the purpose of resale are unlawful. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars.
Section 61-4-210. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine or hemp-cannabinoid beverage at the business, upon initiating the application process for a biennial retail beer or beer and wine permit or a retail hemp-cannabinoid product, may be issued a temporary retail beer or beer and wine or retail hemp-cannabinoid product permit by the department at the time of the purchase or acquisition if the location for which the temporary permit is sought is not considered by the department to be a public nuisance and:
(1) the applicant currently holds a valid beer or beer and wine or retail hemp-cannabinoid product permit; or
(2) the applicant has had a criminal history background check conducted by the division within the past thirty days.
(B) A temporary beer or beer and wine or hemp-cannabinoid product permit issued pursuant to subsection (A) is valid until a biennial retail beer or, beer and wine, or hemp-cannabinoid product permit is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary retail beer or, beer and wine, or hemp-cannabinoid product permit if the applicant fails to pursue the biennial retail beer or, beer and wine, or hemp-cannabinoid product permit in a timely manner, as set forth by regulation of the department.
(D) The department shall collect a fee of twenty-five dollars for each temporary beer or, beer and wine, or hemp-cannabinoid product permit. The funds generated by this fee must be deposited in the general fund of the State.
SECTION 21. Section 61-4-230 of the S.C. Code is amended to read:
Section 61-4-230. A person who, upon demand of an officer or agent of the division:
(1) refuses to allow full inspection of the premises or any part of the premises which is licensed to sell beer or,, wine;, or hemp-cannabinoid beverage; or
(2) refuses to allow full inspection of the stocks and invoices of the licensee; or
(3) who prevents or in any way hinders an inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than sixty days, or both.
A person found guilty of a violation of Section 61-6-4190 and this section may not be sentenced under both sections for the same offense.
SECTION 22. Section 61-4-300 of the S.C. Code is amended to read:
Section 61-4-300. "Producer" as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States; and, as used in this chapter, includes a manufacturer, bottler, or importer of hemp-cannabinoid beverages into the United States.
SECTION 23. Section 61-4-310 of the S.C. Code is amended to read:
Section 61-4-310. (A) A producer must apply to the department on forms the department prescribes for a certificate of registration, which must be approved and issued before the shipment of beer or ,wine, or hemp-cannabinoid beverage by the producer to a point within the State. A producer, at the same time application is made for a certificate of registration, must remit to the department a fee of two hundred dollars.
(B) The department, in its discretion upon consideration of the information contained in the application for a certificate of registration, must issue or reject the application.
(C) A certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine and hemp-cannabinoid beverage wholesalers must purchase beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the department. Nothing in this section or Section 61-4-940 prohibits the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in the State to distribute the same brand or brands of wine, beer, or ale, or hemp-cannabinoid beverages.
SECTION 24. Section 61-4-340 of the S.C. Code is amended to read:
Section 61-4-340. No person other than a registered producer may ship, move, or cause to be shipped or moved, beer, ale, porter, malt beverage, or wine, or hemp-cannabinoid beverages from outside the State to a point in the State, and only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined, and it is unlawful for a wholesaler in this State to order, purchase, or receive beer, ale, porter, malt beverage, or wine, or hemp-cannabinoid beverage from a producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term primary American source of supply means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, or bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section do not apply to a person who produces beer, ale, porter, malt beverage, or wine solely in this State and who subsequently ships or sells this beer, ale, porter, malt beverage, or wine solely in this State.
SECTION 25. Section 61-4-350 of the S.C. Code is amended to read:
Section 61-4-350. Beer or, wine, or hemp-cannabinoid beverages shipped or moved into this State in violation of this chapter is contraband and may be seized and sold as provided in Section 61-6-4310.
SECTION 26. Section 61-4-520 of the S.C. Code is amended to read:
Section 61-4-520. A retail permit authorizing the sale of beer or, wine, or hemp-cannabinoid beverages must not be issued unless:
(1) The applicant, a partner, or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.
(2) The applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.
(3) The applicant, within two years before the date of application, has not had revoked a beer or, a wine, or hemp-cannabinoid product permit issued to him.
(4) The applicant is twenty-one years of age or older.
(5) The location of the proposed place of business of the applicant is in the opinion of the department a proper one.
(6) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.
(7)(a) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must:
(i) be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;
(ii) be in large type, covering a space of one column wide and at least two inches deep; and
(iii) state the type license applied for and the exact location of the proposed business.
(b) An applicant for a beer or, wine, or a hemp-cannabinoid product permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.
(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) state where an interested person may protest the application;
(c) be in bold type;
(d) cover a space at least twelve inches high and eighteen inches wide;
(e) be posted and removed by an agent of the division.
SECTION 27. Section 61-4-525 of the S.C. Code is amended to read:
Section 61-4-525. (A) A person residing in the county in which a retail beer and wine or a retail hemp-cannabinoid product permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine or a retail hemp-cannabinoid product permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Court.
(C) If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is considered invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs.
SECTION 28. Section 61-4-530 of the S.C. Code is amended to read:
Section 61-4-530. In considering an application for a permit for the sale of beer or, wine, or hemp-cannabinoid beverage at a location within five miles of a political subdivision of another state in which the sale of beer or, wine, or hemp-cannabinoid beverage is prohibited, the department must, in addition to the factors required to be considered, consider the proximity of the location to the prohibited area, the likelihood that large crowds may gather from time to time with attendant breaches of the peace, the requirement of increased law enforcement officers, and any other factor which in its judgment should be considered before issuing the permit.
These special considerations, however, do not apply where the application is made with respect to a location within the corporate limits of a municipality.
SECTION 29. Section 61-4-590 of the S.C. Code is amended to read:
Section 61-4-590. (A) The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or, wine, or hemp-cannabinoid beverage. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative Law Court is not automatically superseded or stayed by the filing of a petition for judicial review.
(B) In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend or revoke a licensee's permit authorizing the sale of beer or, wine, or hemp-cannabinoid beverage until the division has conducted and completed an investigation, and the department has made a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended.
SECTION 30. Section 61-4-600 of the S.C. Code is amended to read:
Section 61-4-600. Upon the revocation, cancellation, or suspension of a license or permit to sell beer or, wine, or hemp-cannabinoid beverage at wholesale or retail, the licensee must immediately surrender his license to the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than
ten days nor more than thirty days, or both, in the discretion of the court.
SECTION 31. Section 61-4-1100 of the S.C. Code is amended to read:
Section 61-4-1100. (1) It is unlawful for a producer who holds a certificate of registration from the department (hereinafter "registered producer") or an officer, agent, or representative of a registered producer:
(a) to coerce, attempt to coerce, or persuade a person holding a permit to sell beer, ale, porter, hemp-cannabinoid beverage, and other similar malt or fermented beverages at wholesale (hereinafter "beer wholesaler") to enter into an agreement to take any action which would violate a provision of this article or any ruling or regulation in accordance therewith; or
(b) to unfairly, without due regard to the equities of the beer wholesaler or without just cause or provocation, cancel or terminate a written or oral agreement or contract, franchise, or contractual franchise relationship of the wholesaler existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; this provision is a part of a contractual franchise relationship, written or oral, between a beer wholesaler and a registered producer doing business with the beer wholesaler, just as though the provision had been specifically agreed upon between the beer wholesaler and the registered producer. However, notice of intention to cancel the agreement or contract, written or oral, franchise, or contractual franchise relationship must be given in writing at least sixty days before the date of the proposed cancellation or termination. The notice must contain (i) assurance that the agreement or contract, written or oral, franchise, or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, franchise, or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation.
(2) It is unlawful for a beer wholesaler:
(a) to enter into an agreement or take any action which would violate or tend to violate a provision of this article or any rule or regulation promulgated pursuant thereto;
(b) to unfairly, without due regard for the equities of a registered producer or without just cause or provocation, cancel or terminate a written or oral agreement or contract, franchise, or contractual franchise relationship of the registered producer existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; this provision becomes a part of a contractual franchise relationship, written or oral, between a beer wholesaler and a registered producer doing business with the beer wholesaler, just as though this provision had been specifically agreed upon between the beer wholesaler and the registered producer. However, notice of intention to cancel the agreement or contract, written or oral, franchise, or contractual franchise relationship must be given in writing at least sixty days prior to the date of the proposed cancellation or termination. The notice must contain (i) assurance that the agreement or contract, written or oral, franchise, or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement or contract, written or oral, franchise, or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation;
(c) to refuse to sell to a licensed retailer whose place of business is within the geographical limits specified in a distributorship agreement between the beer wholesaler and the registered producer for the brands involved; or
(d) to store or warehouse beer or other malt beverages to be sold in the State in a warehouse located outside the State.
SECTION 32. Section 61-6-20 of the S.C. Code is amended to read:
Section 61-6-20. As used in the ABC Act, unless the context clearly requires otherwise:
(1)(a) "Alcoholic liquors" or "alcoholic beverages" means any hemp-cannabinoid products that contain more than five milligrams and not more than ten milligrams of allowable THC concentration, spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption, but does not include:
(i) wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by another person; or
(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating.
(b) "Alcoholic liquor by the drink" or "alcoholic beverage by the drink" means a drink poured from a container of alcoholic liquor, excluding a hemp-cannabinoid product, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter.
(c) "Powdered or crystalline alcohol" means a powdered or crystalline product prepared or sold for either direct use or reconstitution for human consumption that contains any amount of alcohol when hydrolyzed.
(2) "Bona fide engaged primarily and substantially in the preparation and serving of meals" means a business that provides facilities for seating not fewer than forty persons simultaneously at tables for the service of meals and that:
(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;
(b) has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and
(c) prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open.
(3) "Homeowners association chartered as a nonprofit by the Secretary of State" means an organization that has been recognized as a nonprofit by the Secretary of State, whose membership is limited to individuals who own property in the residential community, and whose affairs are governed by a board of directors elected by the membership. No member, officer, agent, or employee of the association may be paid a salary or other form of compensation from any of the profit of the sale of alcoholic beverages, except as may be voted on at a meeting of the governing body, nor shall the salaries or compensation be in excess of reasonable compensation for the services actually performed. Additionally, a "homeowners association chartered as a nonprofit by the Secretary of State" must abide by all alcoholic liquor regulations that apply to a nonprofit organization, as defined by Section 61-6-20(7), except that upon dissolution of the "homeowners association chartered as a nonprofit by the Secretary of State", the remaining assets, if any, may be distributed to its members. A "homeowners association chartered as a nonprofit by the Secretary of State" is eligible to be licensed under this chapter only at facilities located within the boundaries of the homeowners association.
(4) "Manufacturer" means a person operating a plant or place of business in this State for distilling, rectifying, brewing, fermenting, blending, or bottling alcoholic liquors.
(5) "Furnishing lodging" means those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than eighteen rooms.
(6) "Minibottle" means a sealed container of fifty milliliters or less of alcoholic liquor.
(7) "Nonprofit organization" means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes.
(8) "Producer", as used in the ABC Act, means a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and includes an importer of alcoholic liquors engaged in importing alcoholic liquors into the United States.
(9) "Producer representative" means a person who is a citizen of this State, who maintains his principal place of abode in this State, and who is registered with the department pursuant to Article 7 of this chapter as the South Carolina representative of a registered producer.
(10) "Registered producer" means a producer who is registered with the department pursuant to Article 7 of this chapter.
(11) "Retail dealer" means a holder of a license issued under the provisions of Article 3 of this chapter, other than a manufacturer or wholesaler.
(12) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer in the State alcoholic liquors for resale.
SECTION 33. Section 61-6-120 of the S.C. Code is amended to read:
Section 61-6-120. (A) The department shall not grant or issue any license provided for in this article, Article 5, or Article 7 of this chapter or Chapter 14 of this title, as applicable to hemp-cannabinoid products with an allowable THC concentration of more than five milligrams and up to ten milligrams, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:
(1) "church", an establishment, other than a private dwelling, where religious services are usually conducted;
(2) "school", an establishment, other than a private dwelling, where the usual processes of education are usually conducted; and
(3) "playground", a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions do not apply to the renewal of licenses and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.
(B) An applicant for license renewal or for a new license at an existing location shall pay a five dollar certification fee to determine if the exemptions provided for in subsection (A) apply.
(C)(1) Notwithstanding the provisions of subsection (A), the department may issue a license so long as any church, school, or playground located within the parameters affirmatively states that it does not object to the issuance of a license. This subsection only applies to a permit for on-premises consumption of alcoholic liquor.
(2)(a) Any applicant seeking to utilize the provisions of this subsection must provide a statement declaring the church, playground, or school does not object to the issuance of the specific license sought, as follows:
(i) if a church, from the decision-making body of the local church;
(ii) if a playground, from the decision-making body of the owner of the playground;
(iii) if a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school.
(b) If more than one church, school, or playground is located within the parameters set forth in subsection (A), the applicant must provide the statement from all churches, schools, or playgrounds.
(c) At the time of any renewal period for the specific license, a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school, may withdraw its statement declaring it does not object to the issuance of the specific license sought by notifying the department of its withdrawal.
(3) The department may promulgate regulations necessary to implement the provisions of this subsection.
SECTION 34. Section 61-6-185 of the S.C. Code is amended to read:
Section 61-6-185. (A) A person residing in the county in which a retail liquor license or retail hemp-cannabinoid product license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs.
SECTION 35. Section 61-6-505 of the S.C. Code is amended to read:
Section 61-6-505. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license or a hemp-cannabinoid product retail license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance and:
(1) the applicant currently holds a valid retail liquor license, and a retail hemp-cannabinoid product license, as applicable; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State.
SECTION 36. Section 61-6-900 of the S.C. Code is amended to read:
Section 61-6-900. In the event of a licensee's death, except in the case of a license issued to more than one person, the personal representative of the deceased licensee may, with the consent of the probate court and upon permit of the department, continue the operation of the business covered by the license. If the personal representative elects to discontinue the business or if the department does not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which the license was issued, must be refunded to the personal representative. Alcoholic liquors, including hemp-cannabinoid product, of the deceased which are subject to the control of the personal representative may be sold by him as provided in Section 61-6-950.
SECTION 37. Section 61-6-910 of the S.C. Code is amended to read:
Section 61-6-910. The department must refuse to issue any license under this article or Article 7 of this chapter or Chapter 14 if the department is of the opinion that:
(1) the applicant is not a suitable person to be so licensed;
(2) the store or place of business to be occupied by the applicant is not a suitable place; or
(3) a sufficient number of licenses have already been issued in the State, incorporated municipality, unincorporated community, or other community.
SECTION 38. Section 61-6-4000 of the S.C. Code is amended to read:
Section 61-6-4000. This article, except Section 61-6-4720, is complementary to and not in conflict with the laws providing for the lawful sale of beer, hemp-cannabinoid products, wines, and other vinous, fermented, or malt liquors.
SECTION 39. Title 61 of the S.C. Code is amended by adding:
CHAPTER 14
Hemp-Cannabinoid Products
Article 1
Definitions
Section 61-14-10. For the purpose of this chapter:
(1) "Allowable THC concentration" means the total naturally derived delta-9 THC concentration of:
(a) not more than five milligrams per serving which can be sold in a twelve-ounce single serving container in a retail store; or
(b) not more than ten milligrams per serving, which can be:
(i) up to one and one-half of an ounce, in a 750-milliliter container sold in a liquor store;
(ii) a twelve-ounce single-serving container sold in a liquor store; or
(iii) one hemp gelatin chewable in a liquor store.
(2) "Batch" means a specific quantity of a specific product containing cannabinoids, which is manufactured at the same time and use the same methods, equipment, and ingredients that are uniform and intended to meet specifications for identity, strength, purity, and composition; and is manufactured, packaged, and labeled according to a single-batch production record executed and documented.
(3) "Cannabinoids" means any compounds that bind to cannabinoid receptors derived from hemp.
(4) "Certificate of analysis" means a document issued by an independent testing laboratory, which provides information about the chemical composition of a particular batch of a hemp-cannabinoid beverage or hemp gelatin chewable.
(5) "Department" means the South Carolina Department of Revenue.
(6) "Division" means the South Carolina Law Enforcement Division.
(7) "Hemp" has the same meaning as Section 46-55-10(13).
(8) "Hemp-cannabinoid beverage" is a chemically intoxicating beverage subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution. "Hemp-cannabinoid beverages" may not contain beer, wine, or liquor, and may not contain more than the allowable THC concentration, and must be sold:
(a) as a single serving in twelve-ounce cans or bottles, or
(b) as no more than seventeen servings with a total of one hundred seventy milligrams of THC in a single 750-milliliter bottle.
(9) "Hemp gelatin chewable," "chewable," or "gummy" is an edible, chewable product that contains intoxicating alcoholic liquid converted into a gelatin or a kosher gelatin alternative substance subject to the exercise of the police power of the General Assembly, pursuant to Section 1, Article VIII-A of the South Carolina Constitution. Chewables may contain no more than ten milligrams per serving of an allowable THC concentration per chewable or gummy and must be sold in containers of no more than four chewables per package, forty milligrams total THC per package. Baked goods or other food products of any kind are not chewables or gummies.
(10) "Manufacture" or "produce" means to compound, blend, extract, infuse, cook, or otherwise make or prepare hemp-cannabinoid beverages, or chewables including the process of extraction, infusion, packaging, repackaging, labeling, and relabeling of hemp-cannabinoid beverages or chewables.
(11)"Manufacturer" means a person or entity who produces hemp-cannabinoid products for consumption and not for resale, including compounding, blending, extracting, infusing, cooking, packaging, labeling, or otherwise making or preparing hemp-cannabinoid beverages.
(12) "Producer" as used in this chapter includes a manufacturer, a bottler, or importer of hemp-cannabinoid beverages or chewables, into the United States.
(13) "Proof of age" means a valid driver's license or other government-issued identification card that contains a photograph of the person and confirms the person's age is twenty-one years or older.
(14) "Retailer" means a person or entity that sells hemp-cannabinoid beverages or chewables for consumption and not for resale and is a holder of a license issued under the provisions of this chapter, other than a manufacturer or wholesaler.
(15) "Retail establishment" means a place of business open to the general public for the sale of goods or services.
(16) "Safe harbor hemp product" means a hemp-derived compound or cannabinoid whether a finished product or in the process of being produced, that is manufactured, produced, packaged, processed, prepared, treated, transported, or held in this state for export from this state but that is not sold or distributed in this state. To be eligible for the designation as a safe harbor hemp product, the manufacturer must have a certificate of analysis of any finished product.
(17) "Safe harbor manufacturer or storage facility" means a facility that manufactures, produces, packages, processes, prepares, treats, transports, or holds a safe harbor hemp product and that:
(a) is authorized to operate in the State and maintains a valid state business license or other required state or local authorization, including under this chapter; and
(b) maintains current third-party Good Manufacturing Practices (GMP) certification for hemp products or dietary supplements issued by an independent certifying body recognized within the United States.
(18) "Safe harbor research institute or facility" means a facility with accreditation from a United States regional accreditor, a private or public university or college, or an institute with ISO accredited analytical research or testing that may work with hemp-derived cannabinoids that are not permitted to be sold or distributed in this State.
(19) "Serving" means a hemp-cannabinoid beverage containing either:
(a) twelve fluid ounces in a single serving container;
(b) no more than one and one-half fluid ounces in a 750-milliliter bottle; or
(c) or a chewable containing no more than ten milligrams of an allowable THC concentration per gummy.
(20) "THC" means tetrahydrocannabinol.
(21) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer or producer in the State hemp-cannabinoid products for resale.
Article 3
Enforcement
Section 61-14-300. (A) The functions, duties, and powers set forth in this chapter are vested in the department and the division. The department must administer the provisions of this chapter, and the division must enforce the provisions of this chapter.
(B) All hemp-cannabinoid beverages or chewables distributed into or within the State and offered for sale and sold to consumers in this State must be governed by this chapter, and where applicable Chapter 4 for hemp-cannabinoid beverages containing not more than five milligrams of an allowable THC concentration, or Chapter 6, for hemp-cannabinoid products containing more than five milligrams but not more than ten milligrams of an allowable THC concentration.
(C) Any hemp-cannabinoid beverages or chewables possessed, distributed, sold, or offered for sale to consumers in this State in violation of this article must be considered contraband and must be seized by law enforcement as provided for by law.
(D) The department shall administer the provisions of this chapter related to the licensing and taxation of hemp-cannabinoid beverages and chewables.
(E) The division is vested with the enforcement of this chapter.
(F) The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with, this chapter including, but not limited to:
(1) regulations for the application and issuance of hemp-cannabinoid product licenses;
(2) regulations to prevent the unlawful manufacture, bottling, packaging, sale, distribution, transportation, and importation of hemp-cannabinoid products;
(3) regulations necessary to effect an equitable distribution of hemp-cannabinoid products in this State;
(4) regulations for the analysis of hemp-cannabinoid products sold in this State and for a procedure for obtaining the samples for this purpose;
(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of hemp-cannabinoid products; and
(6) regulations for the application for and issuance of hemp-cannabinoid product licenses and the sale, distribution, promotion, and shipment of hemp-cannabinoid products into and within this State.
Section 61-14-310. The division has the exclusive authority to enforce the provisions of this chapter in a manner that may reasonably be expected, and shall conduct random, unannounced inspections of locations where such products are manufactured, produced, sold, or distributed to ensure compliance with this chapter.
Section 61-14-320. (A) It is unlawful for a person to knowingly sell or distribute hemp-cannabinoid products to a person who is under twenty-one years of age or to purchase hemp-cannabinoid products on behalf of a person who is under twenty-one years of age.
(B) A person who violates this section:
(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;
(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and
(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than ten thousand dollars, or both, and the licensee is subjected to revocation by the department of all licenses under Title 61.
(C)(1) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess hemp-cannabinoid products. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring hemp-cannabinoid products.
(2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(D) The manufacture, production, distribution, importation, sale, or possession of a hemp-cannabinoid beverage or hemp gelatin chewable containing more than the allowable THC concentration is prohibited by law and punishable in the same manner as marijuana pursuant to Sections 44-53-190 and 44-53-370, unless otherwise deemed a safe harbor hemp product by the department.
(E) A person who is charged with a violation of this section may avail themselves of any affirmative defenses, diversion programs, conditional discharge provisions, intervention programs, or similar alternatives to conviction and sentencing that are provided by law and would be available to a person charged with a similar violation involving alcoholic liquor.
Section 61-14-330. (A) A person engaged in the business of selling retail hemp-cannabinoid products must post in each location that he has obtained a license, a sign with the following words printed: "The possession of hemp-cannabinoid products by a person under twenty-one years of age is a criminal offense under the laws of this State, and it also is unlawful for a person to knowingly give false information concerning his age for the purpose of possessing or acquiring hemp-cannabinoid products." The department shall proscribe by regulation the size of the lettering and the location of the sign on the seller's premises.
(B) A retail seller of hemp-cannabinoid beverages or hemp gelatin chewable who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 61-14-340. (A) This article does not permit a person to:
(1) undertake any task under the influence of hemp-cannabinoid beverages or hemp gelatin chewable when doing so would constitute negligence or professional malpractice; or
(2) operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-cannabinoid beverage or hemp gelatin chewable.
(B) This article does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the use of hemp-cannabinoid beverages or hemp gelatin chewable or relieve a person from any requirement under the law to submit to a breath, blood, urine, oral swab, or other test to detect the presence of a controlled substance.
Section 61-14-350. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, a hemp-cannabinoid product in an open container in a motor vehicle of any kind while located upon the public highways or highway rights-of-way of this State. This section must not be construed to prohibit the transporting of hemp-cannabinoid products in a closed container in the trunk or luggage compartment, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
Section 61-14-360. (A) For purposes of this section:
(1) it is unlawful to sell hemp-cannabinoid beverages in bottles or hemp gelatin chewables from liquor stores on Sundays, on Christmas Day, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all other powers conferred upon the Governor; and
(2) it is unlawful for a retailer to deliver hemp-cannabinoid products directly to a person's residence.
(B) A permit authorized by this section to sell on Sundays in retail stores hemp-cannabinoid beverages with an allowable THC concentration of five milligrams or less, may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit for retail sales of hemp-cannabinoid beverages. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue.
(C) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.
Article 5
Product Requirements
Section 61-14-500. (A) A hemp-cannabinoid beverage or hemp gelatin chewable may not be distributed into or within the State or offered for sale or sold at retail within the State, unless the product:
(1) has a corresponding certificate of analysis as described in Section 61-14-520, issued by an independent testing laboratory that tests the batch from which the hemp-cannabinoid beverage or hemp gelatin chewable was produced;
(2) is in the original sealed container as packaged by the producer and meets the packaging restrictions in Section 61-14-530;
(3) meets the serving size and product content requirements, including total THC, described in this chapter; and
(4) meets the labeling requirements described in Section 61-14-540.
(B) Every manufacturer, producer, importer, and distributor shall maintain and make immediately available for inspection to any law enforcement officer or authorized agent of the department a copy of the certificate of analysis of each hemp-cannabinoid beverage or hemp gelatin chewable being distributed by a distributor or offered for sale by a retailer.
(C) Any person, including any servant, agent, or employee of the person who distributes, sells, or offers for sale any hemp-cannabinoid beverage or hemp gelatin chewable in violation of this section is subject to the following penalties:
(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;
(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and
(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. A third offense within a three-year period subjects the licensee of the retailer to revocation by the department of all licenses under Title 61.
Section 61-14-510. For the purpose of protecting the health, safety, and welfare of the residents of this State from dangerous foreign products, an independent testing laboratory must meet all the following requirements:
(1) accreditation by a third-party accrediting body as a competent testing laboratory pursuant to International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17025:2017 of the International Organization for Standardization;
(2) having no direct or indirect interest in the producer whose product is being tested; and
(3) having no direct or indirect interest in the facility that cultivates, processes, distributes, or sells hemp-cannabinoid beverages in this State or in another jurisdiction.
Section 61-14-520. (A) The protocols for testing a hemp-cannabinoid beverage or a hemp gelatin chewable by an independent testing laboratory must include the following, as well as a determination of corresponding tolerance limits:
(1) a cannabinoid profile of content and potency including, but not limited to, all the following:
(a) total THC (THC+THCA);
(b) total CBD (CBD+CBDA);
(c) other detectable cannabinoids; and
(d) total THC/CBD ratio; if applicable;
(2) terpene profiles;
(3) heavy metals including, but not limited to, arsenic, cadmium, mercury, and lead;
(4) chemical contamination, such as residual solvents remaining after extraction, and concentration;
(5) microbials including, but not limited to, pathogenic microbials such as E. coli, salmonella, and mold;
(6) mycotoxins; and
(7) residual insecticides, fungicides, herbicides, and growth regulators used during cultivation.
(B) The certificate of analysis must include, at a minimum, all of the following:
(1) the product name, the manufacturer name and location, and the laboratory name;
(2) the date the certificate of analysis is issued;
(3) the method of analysis for each test conducted;
(4) the batch number or lot number of the product;
(5) the results of the tolerance limits tested in (A)(1)-(7), including the cannabinoid profile by the percentage of dry weight of CBD and total THC content and verification that the product contains an amount of total THC not exceeding that which is stated on the label of the product; and
(6) a listing of all ingredients for each product, including, if present, solvents, pesticides, microbial contaminants, and heavy metals.
(C) The manufacturer must include a scannable barcode or quick response code linked to the certificate of analysis on the label on the hemp-cannabinoid beverage or hemp gelatin chewable container.
Section 61-14-530. (A) Packaging of hemp-cannabinoid beverages or hemp gelatin chewables:
(1) may not bear the likeness or contain cartoon-like characteristics of real or fictional persons, animals, or fruits that appeal to children;
(2) may not be modeled after a brand or products primarily consumed by or marketed to children;
(3) may not include a statement, artwork, or design that could reasonably appeal to children or mislead an individual to believe that the package contains anything other than a hemp-cannabinoid beverage or hemp gelatin chewable, as applicable;
(4) may not be packaged in any way that violates federal trademark or copyright laws; and
(5) must be child resistant.
(B) A person who knowingly sells, holds for sale, or distributes a hemp-cannabinoid beverage or hemp gelatin chewable that violates subsection (A):
(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;
(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and
(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both. A third offense within a three-year period subjects the licensee of the retailer to revocation by the department of all licenses under Title 61.
Section 61-14-540. Each container of a hemp-cannabinoid beverage and hemp gelatin chewable must be labeled to include, at a minimum:
(1) a list of all ingredients in descending order of predominance;
(2) a scannable barcode or quick response code linked to the certificate of analysis;
(3) the manufacture location, date of manufacture, and expiration date;
(4) the batch number, which must correspond to the certificate of analysis;
(5) the total number of milligrams of all THCs and types of THCs found in the container;
(6) the serving size;
(7) the total number of milligrams of all THCs per serving;
(8) the country of origin of all THCs and cannabinoids found in the container;
(9) warnings for health and safety concerns regarding:
(a) hemp-cannabinoid beverage and hemp gelatin chewable consumption while pregnant or breastfeeding may be harmful;
(b) consumption of certain cannabinoids may impair your ability to drive or operate heavy machinery;
(c) keeping products away from children;
(d) consumption of this product may cause the person to fail a drug test due to the presence of THC;
(e) the product is not intended for use by anyone under the age of twenty-one;
(f) hemp-cannabinoid beverages and hemp gelatin chewables are not approved for any medical use by the United States Food and Drug Administration;
(g) THC is an intoxicating substance that causes a psychoactive reaction. Onsets of effects may be delayed; and
(h) concurrent use with alcohol or other intoxicants increases impairment and crash risk.
Article 7
Licensing; Relationship between Manufacturers, Wholesalers, and Retailers; Taxation
Section 61-14-700. (A)(1) A manufacturer, wholesaler, or retailer of hemp-cannabinoid beverages, hemp gelatin chewables, or safe harbor hemp products must be in possession of a valid, applicable hemp-cannabinoid product license issued by the department that has sole and exclusive power to issue hemp-cannabinoid product licenses.
(2) A wholesaler or retailer of hemp-cannabinoid products must be in possession of a valid applicable beer and wine or liquor license issued by the department.
(B) The department may issue, subject to revocation, the following licenses:
(1) hemp-cannabinoid product manufacturer's license, which authorizes the licensee to manufacture:
(a) hemp-cannabinoid beverages and hemp gelatin chewables and to sell, deliver, or ship hemp-cannabinoid beverages and hemp gelatin chewables in accordance with regulations in bottles or cans or containers to a person in this State who has a wholesaler's license issued pursuant to this article and in bottle or cans or containers to person outside this State; or
(b) manufacture safe harbor hemp products and to sell, deliver, or ship safe harbor hemp products in accordance with this chapter;
However, the manufacturer may not deliver or ship a product into another state whose laws prohibit the consignee from receiving or selling that specific product.
(2) hemp-cannabinoid product wholesaler's license, which authorizes the licensee to purchase, store, keep, possess, import into this State, transport, sell, and deliver hemp-cannabinoid beverages in bottles or cans and hemp gelatin chewables in accordance with regulations to a person having a manufacturer's or retail license issued pursuant to this article; and
(3) hemp-cannabinoid product retail license, which authorizes the licensees to purchase hemp-cannabinoid beverages and hemp gelatin chewables from wholesalers having licenses issued pursuant to this article, and to store, keep, possess, and sell hemp-cannabinoid product at retail, and which excludes sales of hemp-cannabinoid product for on-premise consumption.
(C) The department is authorized to issue, suspend, revoke, renew, or decline to renew hemp-cannabinoid product licenses pursuant to Article 3, Chapter 6, Title 61, Sections 61-2-90 through 140, and Section 61-2-260 or to revoke or decline to renew any licenses under Title 61 for violations of this chapter, or both.
Section 61-14-710. (A) A manufacturer of hemp-cannabinoid beverages or hemp gelatin chewables or a person who imports these beverages produced outside the United States may not sell, barter, exchange, transfer, or deliver for resale hemp-cannabinoid beverages or hemp gelatin chewables unless the person holds a valid hemp-cannabinoid product wholesaler's license, and a holder of a hemp-cannabinoid product wholesaler's license may not sell, barter, exchange, transfer, or deliver for resale hemp-cannabinoid products to a person who does not have a hemp-cannabinoid product manufacturer's, or retailer's license.
(B) (1) Manufacturers of hemp-cannabinoid beverages containing up to five milligrams of an allowable THC concentration are subject to Chapter 4, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of beer or wine.
(2) Manufacturers of hemp-cannabinoid beverages containing more than five milligrams but not more than ten milligrams of an allowable THC concentration or hemp gelatin chewables containing not more than ten milligrams of an allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent as those provisions apply to manufacturers of alcoholic liquor.
(C)(1) Wholesalers of hemp-cannabinoid beverages containing up to five milligrams of an allowable THC concentration are subject to Chapter 4, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of beer and wine.
(2) Wholesalers of hemp-cannabinoid beverages containing more than five milligrams but not more than ten milligrams of an allowable THC concentration or hemp gelatin chewables containing not more than ten milligrams of an allowable THC concentration are subject to Chapter 6, Title 61 in the same manner and to the same extent those provisions apply to wholesalers of alcoholic liquor.
(3) Wholesalers of hemp-cannabinoid products must also maintain a wholesaler license issued under Chapter 4 or Chapter 6, Title 61.
(D)(1) Retailers of hemp-cannabinoid beverages containing up to five milligrams of an allowable THC concentration are subject to Chapter 4, Title 61 in the same manner and to the extent those provisions apply to beer and wine.
(2) Retailers of hemp-cannabinoid beverages more than five milligrams but not more than ten milligrams of an allowable THC concentration or hemp gelatin chewables containing not more than ten milligrams are subject to Chapter 6 of Title 61, in the same manner and to the same extent those provisions apply to alcoholic liquor.
(3) Retailers of hemp-cannabinoid products must also maintain a retail license for beer and wine or alcoholic liquor to be eligible for a hemp-cannabinoid product retailer's license in addition to any additional requirements required by the department.
Section 61-14-720. (A) The biennial license taxes on hemp-cannabinoid product licenses granted pursuant to this article in addition to all other licenses taxes are as follows:
(1) manufacturer's license: fifty thousand dollars;
(2) wholesaler's license: twenty thousand dollars;
(3) retail license: one thousand two hundred dollars.
(B) Each applicant shall pay a filing fee of one hundred dollars, which must accompany the initial application for each location and is not refundable.
(C) A person who applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-6-1810.
Section 61-14-730. (A) The license tax or taxes imposed on wholesale sales by this section shall, except as otherwise expressly provided, be in addition to all other licenses and taxes levied by law, as a condition precedent to engaging in any business or doing any act taxable under this chapter.
(B) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages and hemp gelatin chewables, every licensed wholesaler shall be subject to the payment of a tax of six-tenths cent per ounce or fractional quantity thereof on sales of each hemp-cannabinoid beverage sold and containing five milligrams or less of an allowable THC concentration.
(C) In addition to all other taxes levied, assessed, collected, and paid in with respect to hemp-cannabinoid beverages and hemp gelatin chewables, every licensed wholesaler shall be subject to the payment of a tax of one hundred two thousandths cent per ounce or fractional quantity thereof on each hemp-cannabinoid beverage sold and containing more than five milligrams but not more than ten milligrams and hemp gelatin chewables sold and containing not more than ten milligrams of an allowable THC concentration.
(D) Eleven percent of the excise tax revenues collected pursuant to this section must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund and distributed pursuant to Chapter 12, Title 61.
Section 61-14-740. The tax prescribed in this article must be paid by requiring each wholesaler to make a report to the department, in the form the department prescribes, of all hemp-cannabinoid beverages and all hemp gelatin chewables sold or disposed of within this State by the wholesaler and to pay the tax due thereon not later than the twentieth of the month following the sale of the hemp-cannabinoid beverages and hemp gelatin chewables. Any wholesaler who fails to file the report or to pay the tax as prescribed in this section must pay a penalty of one quarter of one percent of the amount of the tax due and unpaid or unreported for each day the tax remains unpaid or unreported. The penalty must be assessed and collected by the department in the manner as other taxes are assessed and collected. The department may grant any wholesaler extensions of time for filing the reports and paying the taxes prescribed in this article and no penalties may be assessed or collected to the extent that the extensions of time are granted.
Section 61-14-750. (A) For hemp-cannabinoid beverages or hemp gelatin chewables containing five milligrams or less of an allowable THC concentration, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of two percent to the wholesaler on the amount of tax reported on each monthly report.
(B) For hemp-cannabinoid beverages or hemp gelatin chewables containing more than five milligrams of an allowable THC concentration, and under the reporting method of tax payment on such sales of hemp-cannabinoid beverages as prescribed in Section 61-14-730, the department shall allow a discount of one percent to the wholesaler on the amount of tax reported on each monthly report.
(C) In no case shall any discount be allowed if the taxes are not paid in full or if either the report or the taxes are received by the department after the date due, or after the expiration of any extension granted by the department.
Section 61-14-760. Every person, firm, corporation, club, or association, or any organization or individual within this State, importing, receiving, or acquiring from without the State or from any other sources whatever, hemp-cannabinoid beverages or hemp gelatin chewables as defined in this chapter on which the tax imposed by this chapter has not been paid, for use or consumption within the State, shall be subject to the payment of a license tax at the same rates provided in Sections 61-14-730 and 61-14-740.
Section 61-14-770. The department may promulgate rules and regulations for the payment and collection of the taxes levied by this article. The administrative provisions of Article 21, Chapter 21, Title 12 and Articles 3 and 5, Chapter 33, Title 12 wherever applicable, are adopted for the administration and enforcement of the provisions of this article.
Section 61-14-780. The department or any agent or representative designated by it for that purpose and all peace officers or police officers of the State may enter upon the premises of any person selling or offering for sale any hemp-cannabinoid beverages or hemp gelatin chewables without a warrant and examine or cause to be examined any books, records, papers, memoranda or commodities and secure any other information directly or indirectly pertaining to the enforcement of this article.
Section 61-14-790. (A) The cost of supplies and other expenses of the administration of this article shall be paid out of the proceeds derived from the collection of this tax upon warrants drawn by the department upon the State Treasurer.
(B) The hemp-cannabinoid beverages and hemp gelatin chewables taxes and license fees provided for by this article must be paid to and collected by the department and deposited to the credit of the general fund of the State, unless otherwise specified by this article.
Section 61-14-800. (A) It is unlawful for a person to sell or permit to be sold hemp-cannabinoid beverages or hemp gelatin chewables authorized to be sold under this chapter on which taxes levied have not been paid.
(1) For a first violation of this section, a person is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, in the discretion of the court.
(2) For a second offense of this section, a person is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.
(3) For a third or subsequent offense of this section, a person is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars, imprisoned for not less than thirty days nor more than sixty days, or both.
(B) It is unlawful for a person who does not hold a license pursuant to this chapter to sell or permit to be sold hemp-cannabinoid beverages or hemp gelatin chewables. A person who violates this subsection is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than two-thousand five hundred dollars or imprisoned for not less than thirty days nor more than sixty days, or both, and is prohibited from being a licensee under any chapter of Title 61.
(C) Each hemp-cannabinoid beverage or hemp gelatin chewable sold on which taxes levied have not been paid is a separate offense.
Article 9
Provisions Affecting Hemp-Cannabinoid Products Only
Section 61-14-900. (A) A manufacturer, producer, distributor, wholesaler, and retailer must abide by the regulations of practices between each other, as established in Section 61-4-735 and Section 61-4-940, as applied to hemp-cannabinoid products.
(B) Except as provided in subsection (C), a manufacturer, producer, or wholesaler of hemp-cannabinoid products, or a person acting on his behalf, must not give, furnish, rent, lend, or sell, directly or indirectly, to the holder of a hemp-cannabinoid product retail license any equipment, fixtures, free hemp-cannabinoid beverages or hemp gelatin chewables, or service. The holder of a hemp-cannabinoid product retail license or a person acting on his behalf may not accept, directly or indirectly, any equipment, fixtures, free hemp-cannabinoid beverages or hemp gelatin chewables , or service referred to in this subsection from a manufacturer, producer, or wholesaler of hemp-cannabinoid products, except as provided in subsection (C).
(C) A wholesaler may furnish at no charge to the holder of a hemp-cannabinoid product retail license point of sale advertising specialties and product displays as provided under 27 Code of Federal Regulations, Section 6.83, excluding electronic refrigeration equipment. A wholesaler also may furnish the following services to a retailer: setting boxes, rotating stock, affixing price tags to products, and building displays.
(D) Producers, manufacturers, and importers of hemp-cannabinoid products are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. For the purposes of this section, a manufacturer or producer of hemp-cannabinoid products is declared to be a tier one business, a wholesaler or importer owned solely by a wholesaler is declared to be a tier two business, and a retailer is declared to be a tier three business. A person or entity in the hemp-cannabinoid product business on one tier or a person acting directly or indirectly on his behalf may not have ownership or financial interest in a hemp-cannabinoid product business operated on another tier. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business.
(E) A manufacturer, producer, importer, or wholesaler of hemp-cannabinoid products may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all retail customers.
(F) A person or entity on one tier that has ownership or financial interest on January 1, 2026, in a business that upon the effective date of this section will be an entity on another tier has two years from the effective date of this section to divest the interest in either of the entities so as to only have ownership or financial interest in one tier as described in subsection (D). This section does not exempt any requirements of the three-tier system as described in Title 61.
Section 61-14-920. Hemp-cannabinoid beverages in a 750-milliliter bottle, a single serving can or bottle containing more than five milligrams but not more than ten milligrams of an allowable THC concentration, or a hemp gelatin chewable as permitted by this chapter must be sold only in licensed alcoholic liquor stores.
SECTION 40. If the federal government exercises its right to regulate hemp-cannabinoid products through prohibition or regulation, then the allowable THC concentration shall be the lesser of either the federally defined THC level for hemp-cannabinoid products or delta-9 tetrahydrocannabinol that is not more than three-tenths of one percent on a dry weight basis or not more than ten milligrams.
If the federal government exercises its right to regulate hemp-cannabinoid products through prohibition or regulation of the types of allowable products then a hemp-cannabinoid product for purposes of this act shall include the more restrictive list of products.
SECTION 41. Pre-existing stock, purchased prior to the effective date of this act, may be sold through November 12, 2026, provided a certificate of analysis is available and sales are prohibited to anyone under the age of twenty-one. Current retailers, wholesalers, and manufacturers of hemp-cannabinoid products must have applied to the department for the applicable hemp-cannabinoid license, and met all other licensing requirements of Chapter 4, Chapter 6, and Chapter 14 of Title 61 by November 12, 2026, to continue sales and production. If a retailer, wholesaler, or manufacturer of hemp-cannabinoid products cannot show proof of an active application with the department by November 12, 2026, they must cease all sales and production. All enforcement shall be stayed until after the final adjudication of an applicable application.
SECTION 42. Section 61-6-1500 of the S.C. Code is amended to read:
Section 61-6-1500. (A) A retail dealer may not:
(1) sell, barter, exchange, give, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, of alcoholic liquors without regard to the size of the container:
(a) between the hours of 7:00 p.m. and 9:00 a.m.;
(b) for consumption on the premises;
(c) to a person under twenty-one years of age;
(d) to an intoxicated person;
(e) to a mentally incompetent person; or
(f) to a person the retail dealer knows is another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer;
(2) permit the drinking of alcoholic liquors in his store or place of business;
(3) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
(a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
(b) the electronic transfer is initiated by the retailer no later than one business day after delivery;
(4) redeem proof-of-purchase certificates for any promotional item; or
(5) purchase, barter, exchange, receive, or offer to purchase, barter, exchange, receive or permit the purchase, barter, exchange, or receipt, of alcoholic liquors without regard to the size of the container from another retail dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer.
However, during restricted hours a retail dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
(B)(1) It is unlawful for a person licensed to sell alcoholic liquors pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
(2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
(a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
(b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
(3) In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department. A third or subsequent violation of subsection (A)(1)(f) within three years of the first violation must result in a mandatory suspension of the license or permit for a period of at least thirty days. A violation of subsection (A)(5) must result in a mandatory suspension of the license or permit for a period of at least thirty days.
(4) The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
(C) A retail dealer must keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.
(D) It is unlawful to sell alcoholic liquors except during lawful hours of operation.
(E) It is unlawful for a retail dealer to sell hemp-cannabinoid products for delivery directly to a customer's residence.
SECTION 43. Chapter 23, Title 23 of the S.C. Code is amended by adding:
Section 23-23-65. (A) A law enforcement officer who is Class 1-LE certified in this State is required to complete Continuing Law Enforcement Education Credits (CLEEC) in drug impairment recognition each year of a three-year recertification period. The number of required annual CLEEC hours in drug impairment recognition shall be determined by the council but must be included in the forty CLEEC hours required over the three-year recertification period. The training must be provided or approved by the academy and must include, but is not limited to, curriculum in recognizing impairment caused by hemp-cannabinoid products.
SECTION 44. Section 61-4-735(C) of the S.C. Code is amended to read:
(C) A wholesaler may furnish at no charge to the holder of a retail permit draft wine equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, product displays as provided under 27 Code of Federal Regulations, Section 6.83, and point of sale advertising specialties. A wholesaler also may furnish the following services to a retailer: cleaning wine lines, rotating stock, affixing price tags to wine products, building wine displays, setting boxes, conduct not more than two wine tastings in accordance with department rulings or regulations, developing shelf schematics, stocking shelves, providing wine party wagon for temporary use, and assist in wine resets a maximum of three times a year for any store having a retail permit during the hours of 8:00 a.m. to 8:00 p.m. Resets are defined as being a change in the location of the wine department within a store or a rearrangement of the products on shelves within the store's wine department, which involves more than one wholesaler's products. All wholesalers must be notified in writing of any resets being requested by a retail store at least fourteen days prior to the reset.
SECTION 45. Section 61-4-940(C) of the S.C. Code is amended to read:
(C) A wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler may furnish at no charge to the holder of a retail permit product displays pursuant to the provisions of 27 C.F.R., Section 6.83, excluding electronic refrigeration equipment. A wholesaler also may furnish the following services to a retailer: cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays.
SECTION 46. Title 61 of the S.C. Code is amended by adding:
Section 61-14-15. (A) It is unlawful for a licensee of a retail establishment or a liquor store not to maintain any hemp-cannabinoid product behind the counter of a retail establishment or a liquor store in an area inaccessible to the customer.
(B) A person who violates this section:
(1) for a first offense within a three-year period, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than five thousand dollars, or both;
(2) for a second offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than ten thousand dollars, or both; and
(3) for a third or subsequent offense within a three-year period, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than ten thousand dollars, or both, and the licensee is subjected to revocation by the department of all licenses under Title 61.
(C)(1) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess hemp-cannabinoid products. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring hemp-cannabinoid products.
(2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
SECTION 47. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 48. 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. Additionally, if the prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one is for any reason held to be unconstitutional or invalid, the General Assembly hereby declares that it would have passed this act with a prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of eighteen.
SECTION 49. The prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one are effective upon the signature of the Governor, unless there is a final adjudication to the constitutionality of the prohibition and enforcement of hemp-cannabinoid product distribution and sales to individuals under the age of twenty-one, then this act shall have the effect of prohibiting and enforcing hemp-cannabinoid products distribution and sales to individuals under the age of eighteen, and the remaining provisions of this act take effective sixty days after approval by the Governor.
Amend title to conform.read:
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 46-55-5 SO AS TO PROVIDE THE PURPOSE OF THE HEMP FARMING ACT CHAPTER; BY AMENDING SECTION 46-55-10, RELATING TO HEMP FARMING ACT DEFINITIONS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; BY ADDING SECTIONS 46-55-70, 46-55-80, AND 46-55-90, SO AS TO PROVIDE THAT CERTAIN HEMP PRODUCTS ARE CONSIDERED CONTRABAND AND TO PROVIDE EXCEPTIONS; BY AMENDING SECTION 61-2-10, RELATING TO ALCOHOL DEFINITIONS, SO AS TO PROVIDE A DEFINITION FOR "HEMP-CANNABINOID PRODUCT"; BY AMENDING SECTIONS 61-2-60, 61-2-100, 61-2-135, 61-2-136, 61-2-150, 61-2-170, 61-2-30, 61-2-80, 61-2-105, AND 61-2-175, RELATING TO THE PROMULGATION OF ALCOHOL REGULATIONS, PERSONS ENTITLED TO LICENSEES OR PERMITTEES, RETENTION OF LIQUOR LICENSES, RELOCATION OF LICENSED WHOLESALE BUSINESSES, SUBSEQUENT TENANTS, DRIVE-THROUGH OR CURB SERVICE OF ALCOHOLIC BEVERAGES, PERSONNEL, THE EXCLUSIVE AUTHORITY TO REGULATE, INSPECTION AND INVESTIGATION, AND FOREIGN PERSONS SHIPPING ALCOHOLIC BEVERAGES TO RESIDENTS, RESPECTIVELY, ALL TO ADD HEMP-CANNABINOID PRODUCTS; BY ADDING
SECTION 61-4-15 SO AS TO PROVIDE THAT HEMP-CANNABINOID BEVERAGES ARE CHEMICALLY INTOXICATING BEVERAGES; BY AMENDING SECTIONS 61-4-20 THROUGH 61-4-70, RELATING TO SALES OF BEER, ALE, PORTER, AND WINE, SO AS TO ADD HEMP-CANNABINOID BEVERAGES; BY AMENDING SECTIONS 61-4-90 THROUGH 61-4-100, RELATING TO BEER, ALE, PORTER, AND WINE, SO AS TO ADD HEMP-CANNABINOID BEVERAGES; BY AMENDING SECTION 61-4-150, RELATING TO SALES BY UNLICENSED PERSONS, SO AS TO ADD HEMP-CANNABINOID BEVERAGES; BY AMENDING SECTIONS 61-4-200, 61-4-210, AND 61-4-230, RELATING TO THE TRANSFER OF BEER OR WINE, TEMPORARY RETAIL PERMITS, AND REFUSAL TO PERMIT INSPECTION, RESPECTIVELY, SO AS TO ADD HEMP-CANNABINOID BEVERAGES; BY AMENDING SECTION 61-4-300, RELATING TO THE DEFINITION OF "PRODUCER", SO AS TO INCLUDE A MANUFACTURER, BOTTLER, OR IMPORTER OF HEMP-CANNABINOID BEVERAGES; BY AMENDING SECTIONS 61-4-310, 61-4-340, 61-4-350, 61-4-520, 61-4-525, 61-4-530, 61-4-590, 61-4-600, AND 61-4-1100, RELATING TO CERTIFICATES OF REGISTRATION, SHIPPING AND BRAND REGISTRATION, THE SEIZURE AND SALE OF CONTRABAND BEER OR WINE, RETAIL PERMITS, PROTESTS AGAINST THE ISSUANCE OR RENEWAL OF PERMITS, "DRY" POLITICAL SUBDIVISIONS IN NEIGHBORING STATES, THE REVOCATION OR SUSPENSION OF PERMITS, THE SURRENDER OF LICENSES, AND PROHIBITED PRACTICES, RESPECTIVELY, ALL SO AS TO ADD HEMP-CANNABINOID PRODUCTS OR BEVERAGES; BY AMENDING SECTION 61-6-20, RELATING TO ALCOHOLIC BEVERAGES CONTROL ACT DEFINITIONS, SO AS TO ADD HEMP-CANNABINOID PRODUCTS TO THE DEFINITION OF "ALCOHOLIC LIQUORS" OR "ALCOHOLIC BEVERAGES"; BY AMENDING SECTION 61-6-120, RELATING TO THE ISSUANCE OF LICENSES AND PROXIMITY TO CHURCHES, SCHOOLS, AND PLAYGROUNDS, SO AS TO ADD HEMP-CANNABINOID PRODUCTS; BY AMENDING SECTIONS 61-6-185 AND 61-6-505, RELATING TO THE PROTEST OF ISSUANCE OR RENEWAL OF LICENSES AND TEMPORARY RETAIL LIQUOR LICENSES, RESPECTIVELY, BOTH SO AS TO INCLUDE RETAIL HEMP-CANNABINOID PRODUCT LICENSES; BY AMENDING SECTION 61-6-900, RELATING TO THE DEATH OF LICENSES, SO AS TO INCLUDE HEMP-CANNABINOID PRODUCTS; BY AMENDING SECTION 61-6-910, RELATING TO QUALIFICATIONS FOR LICENSES, SO AS TO ADD HEMP-CANNABINOID PRODUCTS; BY ADDING CHAPTER 14 TO TITLE 61 SO AS TO DEFINE HEMP-CANNABINOID PRODUCTS AND RELATED DEFINITIONS, TO PROVIDE ENFORCEMENT, TO PROVIDE FOR PRODUCT REQUIREMENTS, TO PROVIDE FOR LICENSING AND TAXATION, TO PROVIDE PROVISIONS AFFECTING HEMP-CANNABINOID PRODUCTS ONLY, AND TO PROVIDE FOR THE SALE OF PRE-EXISTING STOCK; BY AMENDING SECTION 61-6-1500, RELATING TO RESTRICTIONS UPON RETAIL DEALERS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A RETAIL DEALER TO SELL HEMP-CANNABINOID PRODUCTS FOR DELIVERY DIRECTLY TO A CUSTOMER'S RESIDENCE; BY ADDING SECTION 23-23-65 SO AS TO PROVIDE FOR REQUIRED CONTINUING LAW ENFORCEMENT EDUCATION CREDITS FOR CERTAIN LAW ENFORCEMENT OFFICERS; BY AMENDING SECTION 61-4-735, RELATING TO THE REGULATION OF PRACTICES BETWEEN WINE MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO REMOVE REFERENCES TO WINE; BY AMENDING SECTION 61-4-940, RELATING TO PRACTICES BETWEEN BEER MANUFACTURERS, WHOLESALERS, AND RETAILERS, SO AS TO REMOVE REFERENCES TO BEER; AND BY ADDING SECTION 61-14-15 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A LICENSEE OF CERTAIN RETAIL STORES NOT TO MAINTAIN ANY HEMP-CANNABINOID PRODUCT BEHIND THE COUNTER IN AN INACCESSIBLE AREA.
/s/Sen. Massey /s/ Representative W. Newton /s/Sen. Johnson /s/ Representative Jordan /s/Sen. Ott /s/ Representative Wetmore On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
On motion of Senator GROOMS, with unanimous consent, Senators BENNETT, HUTTO and GROOMS were granted leave to attend a meeting and were granted leave to vote from the balcony.
At 1:00 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.
S. 11 (Word version) -- Senators Jackson and Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150(A), RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE."
On motion of Senator GAMBRELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator GAMBRELL spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The General Assembly, Columbia, S.C., June 19, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 11 (WORD VERSION) -- Senators Jackson and Davis: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150(A), RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE."
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 8-11-150 of the S.C. Code is amended to read:
Section 8-11-150. (A) For the purposes of this section:
(1) "Child" means a newborn biological child or foster of a child in state custody and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent position any person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a full-time equivalent, temporary grant, or time-limited position.
(3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the birth of a newborn biological child to an eligible state employee or after a co-parent's birth of a newborn child or fostering a child in state custody.
(5) "Stillbirth" has the same meaning as defined in Section 44-63-55.
(B) Eligible state employees who are employed by this State, its departments, agencies, or institutions and who give birth or stillbirth are entitled to receive six weeks of paid parental leave. Other eligible state employees who do not give birth are entitled to receive twofour weeks of paid parental leave. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of such birth or initial legal placement. An eligible state employee shall receive no more than one occurrence of six or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs. However, nothing in this item prohibits a foster parent from requesting and receiving approval for parental leave in nonconsecutive one-week time periods.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively, except that foster parents may request and receive approval for parental leave in nonconsecutive one-week time periods.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave.
(6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 2. Section 8-11-155 of the S.C. Code is amended to read:
Section 8-11-155. (A) For the purposes of this section:
(1) "Child" means a child initially legally placed for adoption and under the age of eighteen. No child can have more than two parents eligible for paid parental leave.
(2) "Eligible state employee" means an employee occupying any percentage of a full-time equivalent positionany person employed by any department, institution, commission, board, or any other unit of government of this State who occupies a position eligible to earn annual leave. This includes any person employed by a four-year or postgraduate institution of higher education under the control of the State or a technical college supported by and under the control of the State who occupies a position eligible to earn annual leave.
(3) "Paid parental leave" means six weeks of paid leave at one hundred percent of the eligible state employee's base pay or twofour weeks of paid leave at one hundred percent of the eligible state employee's base pay. Leave for part-time eligible state employees must be on a prorated basis corresponding to the percentage of hours they are normally scheduled to work.
(4) "Qualifying event" means the initial legal placement of a child by adoption.
(B) Eligible state employees, who are employed by this State, its departments, agencies, or institutions and are primarily responsible for furnishing the care and nurture of the child, are entitled to six weeks of paid parental leave upon the occurrence of a qualifying event. Eligible state employees, who are employed by this State, its departments, agencies, or institutions who are not primarily responsible for furnishing the care and nurture of the child, are entitled to twofour weeks of paid parental leave upon the occurrence of a qualifying event. An employee's paid parental leave is based on an employee's average workday.
(C) Paid parental leave usage includes the following:
(1) The entitlement to leave pursuant to subsection (B) expires at the end of the twelve-month period beginning on the date of initial legal placement. An eligible state employee shall receive no more than one occurrence of six or twofour weeks of paid parental leave for any twelve-month period, even if more than one qualifying event occurs.
(2) If the leave is not used by the eligible state employee before the end of the twelve-month period after the qualifying event, such leave does not accumulate for subsequent use. Paid parental leave may not be donated. Any leave remaining at the end of the twelve-month period or at separation of employment is forfeited.
(3) Days of paid parental leave taken under this section must be taken consecutively.
(4) If both parents are eligible state employees, paid parental leave may be taken concurrently, consecutively, or a different time as the other eligible state employee.
(5) Legal holidays listed in Section 53-5-10 must not be counted against paid parental leave.
(6) Paid parental leave must run concurrently with leave taken pursuant to the Family and Medical Leave Act and any other unpaid leave to which the eligible state employee may be entitled as a result of the qualifying event. However, leave granted under this section is with pay and is not annual leave or sick leave and therefore does not deduct from the eligible state employee's accrued leave balance. An eligible state employee does not have to exhaust all other forms of leave before being eligible to take leave granted under this section. However, an employer may require that an employee use paid parental leave before using annual leave if the employee's leave is taken pursuant to the Family and Medical Leave Act. Eligible state employees shall accrue annual and sick leave at the normal rate while on this leave, if applicable.
(D) The Division of Human Resources of the Department of Administration shall promulgate regulations, guidance, and procedures to implement this section.
SECTION 3. This act takes effect October 1, 2026, and applies to qualifying events thereon or thereafter.
Amend title to read:
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 8-11-150 AND 8-11-155, RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE" AND TO INCREASE CERTAIN PAID PARENTAL LEAVE.
Sen. Davis /s/Rep. Ballentine /s/Sen. Gambrell /s/Rep. Collins /s/Sen. Matthews /s/Rep. Cobb-Hunter On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 11 (Word version) -- Senators Jackson and Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150(A), RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE."
Very respectfully,
Speaker of the House
Received as information.
S. 11 (Word version) -- Senators Jackson and Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-11-150(A), RELATING TO PAID PARENTAL LEAVE, SO AS TO AMEND THE DEFINITION OF "ELIGIBLE STATE EMPLOYEE."
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 3021 (Word version) -- Reps. Bradley, G.M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M.M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, B.L. Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
On motion of Senator CAMPSEN, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator CAMPSEN spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The General Assembly, Columbia, S.C., June 25, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3021 (WORD VERSION) -- Reps. Bradley, Herbkersman, G.M. Smith, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, M.M. Smith, Davis, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Small Business Regulatory Freedom Act."
SECTION 2. Section 1-23-115(B) of the S.C. Code is amended to read:
(B)(1) A state agency must submit to the Office of Research and Statistics of Revenue and Fiscal Affairs Office, a preliminary assessment report on regulations which have a substantial economic impact. Upon receiving this report the office may require additional information from the promulgating agency, other state agencies, or other sources. A state agency shall cooperate and provide information to the office on requests made pursuant to this section. The office shall prepare and publish a final assessment report within sixty days after the public hearing held pursuant to Section 1-23-110. The office shall forward the final assessment report and a summary of the final report to the promulgating agency and the Code Commissioner.
(2) In addition to the requirements of item (1), if the final assessment report indicates that the regulation's economic impact is estimated to equal or exceed one million dollars over five years, then the Senate and the House of Representatives are required to approve the regulation by a joint resolution.
SECTION 3. Section 1-23-120(J) of the S.C. Code is amended to read:
(J) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in subsection (H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(1) for which the agency intends to begin the process of repeal in accordance with this article;
(2) for which the agency intends to begin the process of amendment in accordance with this article; and
(3) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with this article before or after it is identified in the report to the Code Commissioner.
SECTION 4. Section 1-23-270(F) of the S.C. Code is amended to read:
(F)(1) Each state agency, which promulgates regulations or to which the responsibility for administering regulations has been transferred, shall by July 1, 1997, and every five years thereafter, conduct a formal review of all regulations which it has promulgated or for which it has been transferred the responsibility of administering, except that those regulations described in Section 1-23-120(H) are not subject to this review. Upon completion of the review, the agency shall submit to the Code Commissioner a report which identifies those regulations:
(a) for which the agency intends to begin the process of repeal in accordance with this article;
(b) for which the agency intends to begin the process of amendment in accordance with this article; and
(c) which do not require repeal or amendment.
Nothing in this subsection may be construed to prevent an agency from repealing or amending a regulation in accordance with Article 1 before or after it is identified in the report to the Code Commissioner.
(2) Regulations that take effect on or after the effective date of this article must be reviewed within five years of the publication of the final regulation in the State Register and every five years after thatto ensure that they minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.
(3) In reviewing regulations to minimize their economic impact on small businesses, the agency shall consider the:
(a) continued need for the regulation;
(b) nature of complaints or comments received concerning the regulation from the public;
(c) complexity of the regulation;
(d) extent to which the regulation overlaps, duplicates, or conflicts with other federal, state, and local governmental regulations; and
(e) length of time since the regulation has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the regulation.
SECTION 5. Section 1-23-380(5) of the S.C. Code is amended to read:
(5)(a) The court may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(a)(i) in violation of constitutional or statutory provisions;
(b)(ii) in excess of the statutory authority of the agency;
(c)(iii) made upon unlawful procedure;
(d)(iv) affected by other error of law;
(e)(v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f)(vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(b) In interpreting a statute or regulation, the court shall not defer to the agency's interpretation of the statute or regulation and instead shall interpret the statute or regulation de novo.
SECTION 6. Section 1-23-610 of the S.C. Code is amended to read:
Section 1-23-610. (A)(1) For judicial review of a final decision of an administrative law judge, a notice of appeal by an aggrieved party must be served and filed with the court of appeals as provided in the South Carolina Appellate Court Rules in civil cases and served on the opposing party and the Administrative Law Court not more than thirty days after the party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(2) Except as otherwise provided in this chapter, the serving and filing of the notice of appeal does not itself stay enforcement of the administrative law judge's decision. The serving and filing of a notice of appeal by a licensee for review of a fine or penalty or of its license stays only those provisions for which review is sought and matters not affected by the notice of appeal are not stayed. The serving or filing of a notice of appeal does not automatically stay the suspension or revocation of a permit or license authorizing the sale of beer, wine, or alcoholic liquor. Upon motion, the administrative law judge may grant, or the court of appeals may order, a stay upon appropriate terms.
(B) The review of the administrative law judge's order must be confined to the record. The court may not substitute its judgment for the judgment of the administrative law judge as to the weight of the evidence on questions of fact. The court of appeals may affirm the decision or remand the case for further proceedings; or, it may reverse or modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is:
(a)(1) in violation of constitutional or statutory provisions;
(b)(2) in excess of the statutory authority of the agency;
(c)(3) made upon unlawful procedure;
(d)(4) affected by other error of law;
(e)(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(f)(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(C) In interpreting a statute or regulation, the court shall not defer to the agency's interpretation of the statute or regulation and instead shall interpret the statute or regulation de novo.
SECTION 7. Chapter 23, Title 1 of the S.C. Code is amended by adding:
Article 4
Regulatory Review by Legislative Audit Council
Section 1-23-800. (A) Beginning July 1, 2027, the Legislative Audit Council shall schedule state agencies as defined in Section 2-15-50 so that all state agencies' regulations are formally reviewed at least once every five to eight years, provided if an agency's regulations exceed one hundred pages in the Code of State Regulations, then the Legislative Audit Council may divide the agency's regulations into one or more subject matters for review every five to eight years. In determining the order in which agencies' formal reviews are conducted, the Legislative Audit Council may consult with the President of the Senate, the Speaker of the House of Representatives, the Legislative Oversight Committees in the Senate and House of Representatives, and the chairmen of standing committees in the Senate and House of Representatives.
(B) Based on the schedule it establishes, the Legislative Audit Council shall conduct a formal review of all regulations promulgated by state agencies as defined in Section 2-15-50. The review shall determine:
(1) if the regulations are within the scope of the statutory authority for their promulgation; and
(2) if the regulations continue to operate under their statutory authority or are obsolete.
(C) By January 1 each year, beginning January 1, 2028, the Legislative Audit Council shall deliver a report to the standing committees of the Senate and House of Representatives that have jurisdiction over each agency's statutory authority that must include:
(1) the scope of review;
(2) the regulations determined by the Legislative Audit Council to be obsolete or outside the scope of enabling statutory authority; and
(3) the regulations that the applicable agency intends to begin the process of repeal or amendment in accordance with Chapter 23 of Title 1.
Section 1-23-810. (A) If an agency fails to complete the formal review in accordance with the Legislative Audit Council's schedule, within thirty days of the missed deadline, the Legislative Audit Council must notify the agency of noncompliance.
(B)Within thirty days of receipt, the agency must submit a written certification of noncompliance to the President of the Senate and the Speaker of the House of Representatives. The certification must identify the specific regulations not yet reviewed, the reasons for noncompliance, and a remedial schedule for completing the review.
(C) Failure to complete the formal review within ninety days of the missed deadline for compliance results in the agency being prohibited to file any proposed new regulations except for emergency regulations or regulations to comply with federal law. The prohibition remains in effect until the formal review is completed.
(D) Upon a finding of good cause shown by the agency, the General Assembly by concurrent resolution may waive the prohibition in subsection (C). Any waiver granted under this subsection must specify its duration and not exceed one hundred eighty days.
SECTION 8. Section 2-15-60 of the S.C. Code is amended to read:
Section 2-15-60. It is the duty of the council:
(a) To respond to any request concerning a programmatic or fiscal matter or information related to the purposes set forth in Section 2-15-50 which may be referred to it by the General Assembly or any of its members or committees.
(b) To conduct audits, if authorized by the council, upon request of the General Assembly or either of its respective bodies, a standing committee, the Speaker of the House, the President of the Senate, or not less than five members of the General Assembly, and to submit a report containing its findings and recommendations to the requesting entity or persons and to any member of the General Assembly who may request a copy.
(c) To assist the General Assembly in the performance of its official functions by providing its members and committees with impartial and accurate information and reports concerning the efficiency, programmatic, or fiscal problems matters presented to them as members of the General Assembly.
(d) To establish a system of post audits for all fiscal matters and financial transactions for all state agencies of the state government.
(e) To establish a regular schedule to formally review all agency regulations every five to eight years as provided in Article 4, of Chapter 23 in Title 1. Nothing in this subsection limits, abridges, or otherwise affects the provisions of this section or this chapter.
SECTION 9. Section 1-23-110(C) of the S.C. Code is amended to read:
(C)(1) The agency shall consider fully all written and oral submissions respecting the proposed regulation. All of the written submissions, and transcripts or recordings or oral submissions, must be provided to the Small Business Regulatory Review Committee.
(2) Following the public hearing and consideration of all submissions, an agency must not submit a regulation to the General Assembly for review if the regulation contains a substantive change in the content of regulation as proposed pursuant to subsection (A)(3) and the substantive change was not raised, considered, or discussed by public comment received pursuant to this section. The agency shall refile such a regulation for publication in the State Register as a proposed regulation pursuant to subsection (A)(3).
SECTION 10. Section 1-23-280 (B), (C), and (D) of the S.C. Code is amended to read:
(B) The committee shall consist of eleven members, appointed as follows:
(1) five members to be appointed by the Governor;
(2) three members to be appointed by the President of the Senate; and
(3) three members to be appointed by the Speaker of the House of Representatives.
(C) In addition, the Chairman of the Senate Labor, Commerce and Industry Committee of the South Carolina Senate, the Chairman of Senate Agriculture and Natural Resources Committee, the Chairman of the House of Representatives Agriculture, Natural Resources and Environmental Affairs Committee, and the Chairman of the House of Representatives Labor, Commerce and Industry Committee of the South Carolina House of Representatives, or their designees, shall serve as nonvoting, ex officio members of the committee. During the committee review process, the director or his designee, of the promulgating agency shall be available at the request of the committee for comment on the proposed regulation.
(D) Appointments to the committee must be representative of a variety of small businesses in this State, at least one of which must be engaged in agribusiness. All appointed members shall be either current or former owners or officers of a small business.
SECTION 11. This act takes effect upon approval by the Governor.
Amend title to read:
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO REQUIRE LEGISLATIVE APPROVAL OF REGULATIONS WITH AN ESTIMATED ECONOMIC IMPACT OF ONE MILLION DOLLARS OR MORE OVER A FIVE-YEAR PERIOD, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO THE REGULATORY REVIEW AND APPROVAL PROCESS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REMOVE OBSOLETE PROVISIONS; BY AMENDING SECTION 1-23-270, RELATING TO REGULATORY FLEXIBILITY ANALYSES UNDER THE SOUTH CAROLINA SMALL BUSINESS REGULATORY FLEXIBILITY ACT, SO AS TO REMOVE OBSOLETE PROVISIONS; BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW OF AGENCY DECISIONS, SO AS TO REQUIRE DE NOVO REVIEW OF STATUTES AND REGULATIONS; BY AMENDING SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE LAW COURT FINAL DECISIONS, SO AS TO REQUIRE DE NOVO REVIEW OF STATUTES AND REGULATIONS; BY ADDING ARTICLE 4 TO CHAPTER 23, TITLE 1, SO AS TO PROVIDE FOR PERIODIC LEGISLATIVE AUDIT COUNCIL REVIEW OF AGENCY REGULATIONS AND TO PROVIDE RELATED REQUIREMENTS OF STATE AGENCIES; BY AMENDING SECTION 2-15-60, RELATING TO DUTIES OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO MAKE CONFORMING AND OTHER RELATED CHANGES; BY AMENDING SECTION 1-23-110, RELATING TO PUBLIC PARTICIPATION IN THE PROMULGATION OF REGULATIONS, SO AS TO PROVIDE THAT RELATED SUBMISSIONS MUST BE PROVIDED TO THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE; AND BY AMENDING SECTION 1-23-280, RELATING TO THE COMPOSITION OF THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE, SO AS TO INCLUDE ADDITIONAL NONVOTING LEGISLATIVE EX OFFICIO MEMBERS.
/s/Sen. Campsen /s/ Representative Herbkersman /s/Sen. Elliott /s/ Representative Anderson /s/Sen. Ott /s/ Representative Bradley On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3021 (Word version) -- Reps. Bradley, G.M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M.M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, B.L. Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
Very respectfully,
Speaker of the House
Received as information.
H. 3021 (Word version) -- Reps. Bradley, G.M. Smith, Herbkersman, Lawson, B. Newton, Wooten, C. Mitchell, Pope, Guffey, Neese, Martin, Chapman, Pedalino, McCravy, Chumley, W. Newton, Taylor, Hewitt, Schuessler, Davis, M.M. Smith, Long, Sanders, Teeple, Gagnon, Hixon, Erickson, Hager, Ballentine, Calhoon, Holman, Moss, Gilreath, Gilliam, Rankin, Vaughan, B.L. Cox, Ligon, Oremus, Hartz, Guest, Crawford, Robbins, Forrest, Magnuson, Willis, Brewer, Gibson and Hiott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMALL BUSINESS REGULATORY FREEDOM ACT" BY ADDING SECTION 1-23-285 SO AS TO PROVIDE THE SMALL BUSINESS REGULATORY REVIEW COMMITTEE SHALL CONDUCT AN INITIAL REVIEW OF REGULATIONS PENDING REAUTHORIZATION AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR RETAINING OR REMOVING REGULATIONS, TO PROVIDE IT IS THE DUTY OF THE COMMITTEE WHEN REVIEWING REGULATIONS TO REDUCE THE OVERALL REGULATORY BURDEN ON BUSINESSES BY REDUCING THE NUMBER OF REGULATORY REQUIREMENTS BY TWENTY-FIVE PERCENT, AND TO PROVIDE THE COMMITTEE MAY REQUEST ANY NECESSARY INFORMATION FROM STATE AGENCIES AND TO REQUIRE THE COMPLIANCE OF AGENCIES WITH THESE REQUESTS, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-110, RELATING TO THE PROCESS FOR PROMULGATING REGULATIONS UNDER THE ADMINISTRATIVE PROCEDURES ACT SO AS TO PROVIDE AGENCIES MAY NOT PROMULGATE REGULATIONS ABSENT EXPRESS STATUTORY AUTHORITY AND CITATION TO THE SPECIFIC STATUTORY AUTHORITY, TO PROVIDE FOR EVERY REGULATION AN AGENCY PROPOSES, IT MUST IDENTIFY AND PROPOSE TWO OF ITS REGULATIONS TO REMOVE, TO PROVIDE PERSONS AGGRIEVED BY A REGULATION MAY CHALLENGE THE VALIDITY OF THE REGULATION IN A COURT OF COMPETENT JURISDICTION, AND TO PROVIDE COURTS MAY DECLARE REGULATIONS INVALID UPON FINDING AN ABSENCE OF EXPRESS STATUTORY AUTHORITY TO PROMULGATE; BY AMENDING SECTION 1-23-115, RELATING TO ASSESSMENT REPORTS FOR REGULATIONS SUBMITTED FOR PROMULGATION, SO AS TO PROVIDE ALL REGULATIONS SUBMITTED FOR PROMULGATION MUST INCLUDE ASSESSMENT REPORTS, TO ALLOW LONGER REVIEW PERIODS IN CERTAIN CIRCUMSTANCES, TO PROVIDE DISCOUNT RATES MUST BE JUSTIFIED IF APPLIED IN AN ANALYSIS REPORT, TO PROVIDE PROMULGATING AGENCIES MUST CONDUCT RETROSPECTIVE ASSESSMENT REPORTS IN CERTAIN CIRCUMSTANCES, TO PROVIDE ASSESSMENT CONTENTS MUST BE MADE PUBLICLY AVAILABLE IN A CERTAIN MANNER, TO PROVIDE CERTAIN STANDARDIZED ANALYTIC METHODS AND METRICS MUST BE APPLIED TO ALL REGULATIONS, TO REQUIRE RETROSPECTIVE ASSESSMENT REPORTS BE CONDUCTED WHEN REGULATIONS ARE REVIEWED FOR RENEWAL, AMONG OTHER THINGS; BY AMENDING SECTION 1-23-120, RELATING TO DOCUMENTS REQUIRED TO BE FILED TO INITIATE THE REVIEW PROCESS FOR A REGULATION, SO AS TO REQUIRE THE DOCUMENTS INCLUDE AN AUTOMATIC EXPIRATION DATE, AND TO PROVIDE FOR THE AUTOMATIC EXPIRATION AND PERIODIC REVIEW OF REGULATIONS; AND BY AMENDING SECTION 1-23-380, RELATING TO JUDICIAL REVIEW UPON EXHAUSTION OF ADMINISTRATIVE REMEDIES, SO AS TO PROVIDE REQUIREMENTS FOR JUDICIAL REVIEW OF AGENCY INTERPRETATIONS OF REGULATIONS.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 4709 (Word version) -- Reps. Yow, C. Mitchell, M.M. Smith, Williams, Willis, Schuessler, Erickson, Bradley, Kirby, Brewer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5350 SO AS TO REQUIRE A PUBLIC ENTITY ENTERING INTO A CONTRACT FOR A PUBLIC WORKS PROJECT OR FOR THE PURCHASE OF MATERIALS FOR A PUBLIC WORKS PROJECT MUST INCLUDE IN THE CONTRACT A REQUIREMENT THAT ANY IRON OR STEEL PRODUCT PERMANENTLY INCORPORATED IN THE PROJECT BE PRODUCED IN THE UNITED STATES, AND TO PROVIDE EXCEPTIONS.
Whereupon, Senators GROOMS, BENNETT and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Reps. Yow, Oremus and Kirby to the Committee of Conference on the part of the House on:
H. 4709 (Word version) -- Reps. Yow, C. Mitchell, M.M. Smith, Williams, Willis, Schuessler, Erickson, Bradley, Kirby, Brewer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5350 SO AS TO REQUIRE A PUBLIC ENTITY ENTERING INTO A CONTRACT FOR A PUBLIC WORKS PROJECT OR FOR THE PURCHASE OF MATERIALS FOR A PUBLIC WORKS PROJECT MUST INCLUDE IN THE CONTRACT A REQUIREMENT THAT ANY IRON OR STEEL PRODUCT PERMANENTLY INCORPORATED IN THE PROJECT BE PRODUCED IN THE UNITED STATES, AND TO PROVIDE EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
H. 4709 (Word version) -- Reps. Yow, C. Mitchell, M.M. Smith, Williams, Willis, Schuessler, Erickson, Bradley, Kirby, Brewer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5350 SO AS TO REQUIRE A PUBLIC ENTITY ENTERING INTO A CONTRACT FOR A PUBLIC WORKS PROJECT OR FOR THE PURCHASE OF MATERIALS FOR A PUBLIC WORKS PROJECT MUST INCLUDE IN THE CONTRACT A REQUIREMENT THAT ANY IRON OR STEEL PRODUCT PERMANENTLY INCORPORATED IN THE PROJECT BE PRODUCED IN THE UNITED STATES, AND TO PROVIDE EXCEPTIONS.
On motion of Senator GROOMS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator GROOMS spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
Rice Sabb
The Committee of Conference Report was adopted as follows:
The General Assembly, Columbia, S.C., June 25, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4709 (WORD VERSION) -- Reps. Yow, C. Mitchell, M.M. Smith, Williams, Willis, Schuessler, Erickson, Bradley, Kirby, Brewer and Anderson: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5350 SO AS TO REQUIRE A PUBLIC ENTITY ENTERING INTO A CONTRACT FOR A PUBLIC WORKS PROJECT OR FOR THE PURCHASE OF MATERIALS FOR A PUBLIC WORKS PROJECT MUST INCLUDE IN THE CONTRACT A REQUIREMENT THAT ANY IRON OR STEEL PRODUCT PERMANENTLY INCORPORATED IN THE PROJECT BE PRODUCED IN THE UNITED STATES, AND TO PROVIDE EXCEPTIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 23, Chapter 35, Title 11 of the S.C. Code is amended by adding:
Section 11-35-5350. (A) As used in this section:
(1) "Head of the public procurement unit" means the individual with ultimate responsibility for the administration and operations of the state or local public procurement unit, as applicable.
(2) "Iron or steel product" means any product made primarily of iron or steel including, but not limited to, lined or unlined pipes and fittings; bars and rods; wire, wire ropes, and link chains; forgings; grating and drainage products; access covers, hatches, manhole covers, and other castings; hydrants; electric transmission and distribution poles; tanks; flanges; pipe clamps and restraints; valves; structural steel and other steel mill products; materials made primarily of iron and steel within precast concrete; and other construction materials made primarily of iron or steel.
(3) "Made primarily of iron or steel" means composed primarily of greater than fifty percent iron or steel measured by component cost, volume, or weight.
(4) "Manufacturing process" means the application of a process to alter the form or function of materials or elements of a product in a manner that adds value and transforms the materials or elements into a new finished product functionally different from a finished product produced merely from assembling materials or elements into a product without applying such a process.
(5) "Produced in the United States" means that, with respect to iron and steel, all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives.
(6) "Public entity" means the State, or any political subdivision of the State, including a school district or agency, department, institution, or other public entity of them.
(7) "Public works project" subject to the requirements of this section and notwithstanding the provisions of Section 11-35-710(A)(1) to the contrary, means an activity paid for with any state-appropriated funds or state funds administered by a public entity which consists of the construction, maintenance, renovation, remodeling, or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion owned in whole or in part by any public entity. For purposes of this section, repairs undertaken in response to an emergent situation affecting public health, safety, or property are excluded from this definition.
(B)(1) Except as provided otherwise in this section, a public entity entering into a contract for a public works project or for the purchase of materials for a public works project must include in the contract a requirement that any iron or steel product permanently incorporated in the project be produced in the United States.
(2) Item (1) does not apply if the head of the public procurement unit of the public entity administering the funds for a public works project or the purchase of materials for a public works project solely determines that any of the following applies:
(a) Iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality.
(b) The use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty-five percent.
(c) Complying with item (1) is inconsistent with the public interest.
(3) Notwithstanding item (1), the following exceptions shall apply:
(a) When steel and iron materials are used in a public works project, item (1) does not prevent a minimal use of foreign steel and iron materials if:
(i) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and
(ii) the cost of such materials does not exceed one-tenth of one percent of the project's total steel and iron costs or two thousand five hundred dollars, whichever is greater. For purposes of this subitem, the cost of such materials is shown to be the value of the iron or steel products as they are delivered to the project; and
(b) the foreign steel and iron material is a component or are components comprising five percent or less of the materials cost of an otherwise domestically produced steel or iron product.
(4) Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system, necessary for operation or concealment, except transmission and distribution poles, are not considered iron or steel products and are exempt from the requirements of item (1).
(C) This section must be applied in a manner consistent with, and may not be construed to impair, the state's obligations under any international agreement.
(D) The State Fiscal Accountability Authority shall develop guidelines and procedures by rule to implement this section. The rules must be implemented consistent with federal policies implementing the American iron and steel preference law applied to the "Safe Drinking Water Act," pursuant to 42 U.S.C. 300j-12(a)(4)(C).
(E) This section does not apply to contracts procured by the Department of Transportation subject to the Buy America requirements of 23 C.F.R. 635.410.
(F) As used in this section, any state appropriated funds or state funds administered by a public entity shall not include bonds administered or awarded by the South Carolina Housing Finance and Development Authority or state tax credits.
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Sen. Grooms /s/Rep. Yow Sen. Hutto /s/Rep. Oremus /s/Sen. Bennett /s/Rep. Kirby On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
H. 4709 (Word version) -- Reps. Yow, C. Mitchell, M.M. Smith, Williams, Willis, Schuessler, Erickson, Bradley, Kirby, Brewer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 11-35-5350 SO AS TO REQUIRE A PUBLIC ENTITY ENTERING INTO A CONTRACT FOR A PUBLIC WORKS PROJECT OR FOR THE PURCHASE OF MATERIALS FOR A PUBLIC WORKS PROJECT MUST INCLUDE IN THE CONTRACT A REQUIREMENT THAT ANY IRON OR STEEL PRODUCT PERMANENTLY INCORPORATED IN THE PROJECT BE PRODUCED IN THE UNITED STATES, AND TO PROVIDE EXCEPTIONS.
Very respectfully,
Speaker of the House
Received as information.
H. 4763 (Word version) -- Reps. Oremus, Brittain, W. Newton, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Hewitt, Hiott, Hixon, Holman, J.E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, C. Mitchell, B. Newton, Pedalino, Pope, Robbins, Sanders, Schuessler, Sessions, G.M. Smith, M.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten, Yow, Terribile, White, Lastinger, Wickensimer, Atkinson, Chapman, Gibson, Cromer and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER OR EMERGENCY MEDICAL CARE PROVIDER AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.
On motion of Senator ADAMS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator ADAMS spoke on the report.
The question then was granting of Free Conference Powers.
Senator GROOMS asked unanimous consent to be granted Free Conference Powers.
Senator MATTHEWS objected.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Campsen Climer Corbin Cromer Elliott Gambrell Grooms Hembree Jackson Johnson Kimbrell Leber Massey Peeler Reichenbach Rice Sabb Stubbs Tedder Turner Verdin Walker Williams Young
Bright Cash Chaplin Devine Graham Kennedy Matthews Ott Sutton
The Senate refused to grant Free Conference Powers.
H. 4763 (Word version) -- Reps. Oremus, Brittain, W. Newton, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Hewitt, Hiott, Hixon, Holman, J.E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, C. Mitchell, B. Newton, Pedalino, Pope, Robbins, Sanders, Schuessler, Sessions, G.M. Smith, M.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten, Yow, Terribile, White, Lastinger, Wickensimer, Atkinson, Chapman, Gibson, Cromer and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER OR EMERGENCY MEDICAL CARE PROVIDER AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.
On motion of Senator ADAMS , with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator ADAMS spoke on the report.
Senator ADAMS asked unanimous consent to be granted Free Conference Powers.
The question then was granting of Free Conference Powers.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Elliott Gambrell Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Ott Peeler Reichenbach Rice Sabb Tedder Turner Verdin Walker Young Zell
Allen Devine Graham Matthews Sutton Williams
Free Conference Powers were granted.
Whereupon, Senators ADAMS, KIMBRELL and WALKER were appointed to the Committee of Free Conference on the part of the Senate and a message was sent to the House accordingly.
The question then was adoption of the Report of the Committee of Free Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
On motion of Senator ADAMS, the Report of the Committee of Free Conference to H. 4763 was adopted as follows:
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4763 (WORD VERSION) -- Reps. Oremus, Bailey, Bradley, Brewer, Brittain, Caskey, Crawford, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Hewitt, Hiott, Hixon, Holman, J.E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, C. Mitchell, B. Newton, W. Newton, Pedalino, Pope, Robbins, Sanders, Schuessler, Sessions, G.M. Smith, M.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten, Yow, Terribile, White, Lastinger, Wickensimer, Atkinson, Chapman, Gibson, Cromer and Gilreath: TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER OR EMERGENCY MEDICAL CARE PROVIDER AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. This act may be cited as the "Helping Alleviate Lawful Obstruction (HALO) Act".
SECTION 2. Article 11, Chapter 3, Title 16 of the S.C. Code is amended by adding:
Section 16-3-1092. (A) For the purpose of this section:
(1) "Emergency medical care provider" means a registered nurse, physician, physician assistant, medical director, and hospital volunteers that are providing medical care or assisting in the providing of medical care within the confines of a hospital's emergency department.
(2) "First Responder" includes a law enforcement officer, a firefighter, an emergency medical technician, certified EMS worker, and a paramedic.
(B) It is unlawful for a person, after receiving a verbal warning not to approach from a person he knows or reasonably should know is a first responder who is engaged in the lawful performance of a legal duty, to knowingly and wilfully violate the warning and approach or remain within twenty-five feet of the first responder with the intent to:
(1) impede or interfere with the first responder's ability to perform his duties including, but not limited to, obstructing a first responder's movement or obstructing a first responder's ability to administer medical care to another or effectuate a lawful arrest; or
(2) offer or attempt to cause physical harm or injury to a first responder with apparent present ability under circumstances reasonably creating fear of imminent peril.
(C) It is unlawful for a person, after receiving a verbal warning not to approach from a person he knows or reasonably should know is an emergency medical care provider providing emergency medical care specific to the emergency at hand within a hospital emergency department, to knowingly and wilfully violate the warning and approach or remain at a reasonable distance that would not allow safe and unencumbered treatment of the patient as determined by the hospital emergency department with the intent to:
(1) impede or interfere with the emergency medical care provider's ability to perform his duty including, but not limited to, obstructing an emergency medical care provider's movement or distracting an emergency medical care provider from administering medical care to another; or
(2) offer or attempt to cause physical harm or injury to an emergency medical care provider with apparent present ability under circumstances reasonably creating fear of imminent peril.
(D) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars and imprisoned not more than thirty days.
SECTION 3. 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.
SECTION 4. This act takes effect upon approval by the Governor.
Amend title to read:
TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER" AND "FIRST RESPONDER", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, INTERFERE, OR CAUSE HARM TO A FIRST RESPONDER OR EMERGENCY MEDICAL CARE PROVIDER, UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE A PENALTY.
/s/Sen. Adams /s/Rep. W. Newton Sen. Kimbrell /s/Rep. Brittain /s/Sen. Walker Rep. Bernstein On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has refused to grant Free Conference Powers on:
H. 4763 (Word version) -- Reps. Oremus, Brittain, W. Newton, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Erickson, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Hewitt, Hiott, Hixon, Holman, J.E. Johnson, Lawson, Ligon, Long, Lowe, Martin, McCravy, C. Mitchell, B. Newton, Pedalino, Pope, Robbins, Sanders, Schuessler, Sessions, G.M. Smith, M.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Willis, Wooten, Yow, Terribile, White, Lastinger, Wickensimer, Atkinson, Chapman, Gibson, Cromer and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "HELPING ALLEVIATE LAWFUL OBSTRUCTION (HALO) ACT"; AND BY ADDING SECTION 16-3-1092 SO AS TO DEFINE THE TERMS "EMERGENCY MEDICAL CARE PROVIDER", "FIRST RESPONDER", AND "HARASS", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO APPROACH, IMPEDE, CAUSE HARM TO, OR HARASS A FIRST RESPONDER OR EMERGENCY MEDICAL CARE PROVIDER AFTER RECEIVING A VERBAL WARNING, AND TO PROVIDE A PENALTY.
Very respectfully,
Speaker of the House
Received as information.
H. 4248 (Word version) -- Reps. Herbkersman, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest, M.M. Smith, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-220 SO AS TO REQUIRE THAT ALL SHRIMP AND SHRIMP PRODUCTS SOLD IN THIS STATE HAVE A LABEL NOTING THE COUNTRY OF ORIGIN OF THE SHRIMP.
On motion of Senator BENNETT, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BENNETT spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Blackmon Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Leber Massey Matthews Ott Reichenbach Rice Sabb Stubbs Tedder Turner Verdin Walker Williams Young
Bright Kimbrell Peeler Sutton Zell
The Committee of Conference Report was adopted as follows:
The General Assembly, Columbia, S.C., May 14, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4248 (WORD VERSION) -- Reps. Herbkersman, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore, Williams, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest and M.M. Smith: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-175 SO AS TO REQUIRE THAT ALL FOOD SERVICE ESTABLISHMENTS THAT SERVE SHRIMP INDICATE WHETHER THE SHRIMP IS DOMESTIC OR FOREIGN IMPORTED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 25, Title 39 of the S.C. Code is amended by adding:
Section 39-25-175. (A) For purposes of this section:
(1) "Domestic shrimp" means shrimp caught and landed in waters of a state or waters of the United States;
(2) "Food service establishment" means an establishment engaged in the business of selling ready-to-eat food to the public including, but not limited to, a restaurant, cafeteria, food stand, or food truck; and
(3) "Foreign imported shrimp" means shrimp imported into the United States.
(B) A food service establishment in this State that serves both foreign imported shrimp and domestic shrimp must conspicuously display the following disclaimer on its menu, if any, and on a sign visible to the public at its main entrance: "Some items served at this establishment may contain foreign imported shrimp. Ask for more information."
(C) A food service establishment in this State that serves foreign imported shrimp, but does not serve domestic shrimp, must conspicuously display the following disclaimer on its menu, if any, and on a sign visible to the public at its main entrance: "Some items served at this establishment contain foreign imported shrimp. Ask for more information."
(D) A food service establishment that violates this section must:
(1) for a first offense, be issued a warning by the Department of Agriculture that provides for a period of three days from the issuance of the warning to remedy the violation; and
(2) for a second or subsequent offense, be issued a civil fine of no less than one hundred dollars and no more than five thousand dollars by the Department of Agriculture for each day the violation occurs.
SECTION 2. This act takes effect one hundred twenty days after approval by the Governor.
Amend title to conform.
/s/Sen. Bennett /s/Rep. Forrest /s/Sen. Johnson /s/Rep. Kirby /s/Sen. Sutton /s/Rep. Erickson On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4248 (Word version) -- Reps. Herbkersman, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest, M.M. Smith, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-220 SO AS TO REQUIRE THAT ALL SHRIMP AND SHRIMP PRODUCTS SOLD IN THIS STATE HAVE A LABEL NOTING THE COUNTRY OF ORIGIN OF THE SHRIMP.
Very respectfully,
Speaker of the House
Received as information.
H. 4248 (Word version) -- Reps. Herbkersman, Bradley, Erickson, Hixon, Pope, Hewitt, Cobb-Hunter, Forrest, M.M. Smith, Hartnett, Luck, Gilliard, Rivers, W. Newton, Guest, J. Moore and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-25-220 SO AS TO REQUIRE THAT ALL SHRIMP AND SHRIMP PRODUCTS SOLD IN THIS STATE HAVE A LABEL NOTING THE COUNTRY OF ORIGIN OF THE SHRIMP.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
H. 3387 (Word version) -- Reps. G.M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M.M. Smith, B.L. Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
On motion of Senator JOHNSON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator JOHNSON spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
The Committee of Conference Report was adopted as follows:
The General Assembly, Columbia, S.C., June 22, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3387 (WORD VERSION) -- Reps. G.M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M.M. Smith, Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. /s/Chapter 2, Title 45 of the S.C. Code is amended by adding:
/s/
/s/Section 45-2-65. (A) For the purposes of this section:
/s/ /s/ (1) "Transient guest" means a person who temporarily occupies a recreational vehicle located within a recreational vehicle park with the permission of a current or former guest of the recreational vehicle park but without the permission of the recreational vehicle park's operator.
(2) "Guest" means a person who rents space from a recreational vehicle park operator and occupies a recreational vehicle at the recreational vehicle park.
(B)(1) The operator of any recreational vehicle park may remove or cause to be removed, in the manner provided in this section, any transient guest of the park who, while on the premises of the park:
(a) illegally possesses or deals in a controlled substance, as defined by Chapter 53 of Title 44;
(b) disturbs the peace, quiet enjoyment, or comfort of other persons; or
(c) violates the posted park rules and regulations; or
(d) causes harm to the physical park.
(2) The removal of a transient guest from, any recreational vehicle park may not be based on race, color, national origin, sex, physical disability, or creed.
(C)(1) The operator of any recreational vehicle park may remove or cause to be removed, in the manner provided in this section, any guest of the park who, while on the premises of the park:
(a) illegally possesses or deals in a controlled substance, as defined by Chapter 53 of Title 44;
(b) disturbs the peace, quiet enjoyment, or comfort of other persons;
(c) violates the posted park rules and regulations; or
(d) fails to make payment of rent at the agreed rental rate and by the agreed time.
(2) The admission of a guest to, or the removal of a guest from, any recreational vehicle park may not be based on race, color, national origin, sex, physical disability, or creed.
(D) The operator of any recreational vehicle park shall notify the transient guest or guest that the park no longer desires to entertain the transient guest or guest and shall request that the transient guest or guest immediately depart from the park. Notice must be given in writing, as follows: "You are hereby notified that this recreational vehicle park no longer desires to entertain you as a transient guest or guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this State." If a guest has paid rent in advance, then the park, at the time notice is given, shall tender to the guest the unused portion of the advance payment. Any transient guest or guest who remains or attempts to remain in the park after being requested to leave commits a misdemeanor and must be punished by a fine not to exceed three hundred dollars or by imprisonment for not more than thirty days, or both.
(E) If a guest has accumulated an outstanding account in excess of an amount equivalent to three nights' rent at a recreational vehicle park, then the operator may disconnect all utilities of the recreational vehicle and notify the guest that the action is for the purpose of requiring the guest to confront the operator or permittee and arrange for payment of the guest's account. This arrangement must be in writing, and a copy must be furnished to the guest. Upon entering into the agreement, the operator shall reconnect the utilities of the recreational vehicle.
(F) If any person is illegally on the premises of any recreational vehicle park, then the operator of the park may call upon any law enforcement officer of this State for assistance. It is the duty of law enforcement officers, upon the request of an operator, to remove from the premises or place under arrest any transient guest or guest who, according to the park operator, violated subsection (B), (C), or (D). If a warrant has been issued by the proper judicial officer for the arrest of any transient guest or guest who violates subsection (B), (C), or (D), then the officer shall serve the warrant, and the transient guest or guest is considered to have abandoned or given up any right to occupy the premises of the recreational vehicle park. The operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by the transient guest or guest and shall refund any unused portion of moneys paid by the guest for the occupancy of the premises. If conditions do not allow for immediate removal of the transient guest's or guest's property, then the transient guest or guest may arrange a reasonable time, not to exceed forty-eight hours, with the operator to come remove the property, accompanied by a law enforcement officer.
(G) In addition to the grounds for ejection otherwise established by law, grounds for ejection may be established in a written lease agreement between a recreational vehicle park operator or permittee and a recreational vehicle park guest.
SECTION 2.A. Chapter 37, Title 27 of the S.C. Code is amended by adding:
Article 3
Ejectment of Unlawful Occupants of a Residential Dwelling
Section 27-37-200. As used in this article:
(1) "Authorized enforcement official" means the county sheriff for the county in which the property is located or any county, city, or township constable, pursuant to Section 22-9-10, for the county, city, or township in which the property is located.
(2) "Petitioner" means the owner of property containing a residential dwelling who has filed a verified petition under the provisions of this article.
(3) "Representative of the property owner" means any authorized agent or personal representative of the property owner. If the property at issue is part of an estate being probated, "representative of the property owner" refers to the representative of the estate during probate proceedings.
(4) "Respondent" means the person or persons unlawfully occupying property containing a residential dwelling, against whom a verified petition has been filed.
(5) "Unlawful occupant or occupants" means any person or persons who detain, occupy, or trespass on property containing a residential dwelling without the permission of the property owner, who otherwise have no legal right to occupy the property under state law, and who are not afforded any protections provided to a tenant under state law.
Section 27-37-210. Notwithstanding any provision of this chapter to the contrary, a property owner or representative of the property owner may seek relief for the removal of a person or persons unlawfully occupying property containing a residential dwelling under this article by filing a verified petition with the clerk of court or chief magistrate of the county in which the property is located.
Section 27-37-220. Filing fees and court costs under this article shall be the same as filing fees and court costs required when filing a claim in the court of common pleas.
Section 27-37-230. (A) Upon the filing of a verified petition under this section, and for good cause shown in the petition, the court shall immediately issue an ex parte order to remove an unlawful occupant or occupants from property containing a residential dwelling. The assertion of sufficient evidence that the person or persons are unlawfully occupying property containing a residential dwelling shall constitute good cause for purposes of this section. The petition shall set forth the following:
(1) the petitioner is the property owner or a representative of the property owner;
(2) the property that is being occupied includes a residential dwelling;
(3) an unlawful occupant or occupants have entered and remain or continue to reside on the property owner's property;
(4) the real property was not open to members of the public at the time the unlawful occupant or occupants entered;
(5) the unlawful occupant or occupants are occupying the property without the permission of the property owner and are not guests of the property owner nor otherwise authorized to make use of the property;
(6) the property owner has directed the unlawful occupant or occupants to leave the property and the unlawful occupant or occupants have failed or refused to vacate the premises;
(7) the property has not been leased to any person and the unlawful occupant or occupants are not current or former tenants of the property pursuant to any agreement with the property owner;
(8) the unlawful occupant or occupants are not immediate family members of the property owner; and
(9) there is no pending litigation related to the real property between the property owner and any known unlawful occupant or occupants.
(B) An ex parte order to have the unlawful occupant or occupants removed from property containing a residential dwelling entered by the court shall take effect when entered and shall remain in effect until there is valid service of process and a hearing is held on the motion. Such hearing shall be held within twenty-four hours of filing the verified petition unless good cause is shown for a delay. The court shall deny the ex parte order and dismiss the petition if the petitioner is not authorized to seek relief or does not show good cause.
(C) Failure to serve an ex parte order on the person or persons who are unlawfully occupying property containing a residential dwelling shall not affect the validity or enforceability of such order.
Section 27-37-240. Any ex parte order granted under this article shall be to protect the petitioner from trespass by an unlawful occupant or occupants and may include such terms as the court reasonably deems necessary to ensure the petitioner's safety including, but not limited to:
(1) restraining the respondent from committing or threatening to commit any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the petitioner's property, including violence against a pet;
(2) restraining the respondent from entering the petitioner's premises or dwelling unit or coming within a certain proximity of the petitioner's premises or dwelling unit; and
(3) restraining the respondent from communicating with the petitioner in any manner or through any medium.
Section 27-37-250. When the court has, after a hearing on the petition, issued an order for relief to permanently exclude an unlawful occupant or occupants from the petitioner's property, it may additionally:
(1) permanently restrain the respondent from committing or threatening to commit any act of violence, molestation, stalking, assault, or disturbing the peace of the petitioner or the petitioner's property, including violence against a pet;
(2) permanently restrain the respondent from entering the petitioner's premises or dwelling unit or coming within a certain proximity of petitioner's premises or dwelling unit;
(3) permanently restrain the respondent from communicating with the petitioner in any manner or through any medium;
(4) permanently expel the respondent from occupying petitioner's premises or dwelling unit;
(5) permanently expel the respondent's personal property from petitioner's premises or dwelling unit;
(6) order the respondent to pay all costs of repair to the petitioner's premises or dwelling unit relating to damages caused by the respondent;
(7) order the respondent to pay all costs associated with service of any ex parte order authorized against the respondent; or
(8) order the respondent to pay court costs.
Section 27-37-260. A verified petition seeking an ex parte order under this article shall contain allegations relating to those orders and shall pray for the orders desired.
Section 27-37-270. Once the court grants the order under this article, the authorized enforcement official shall enforce such order by removing the person or persons unlawfully occupying the property.
Section 27-37-280. If appropriate, the authorized enforcement official may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.
Section 27-37-290. The authorized enforcement official is entitled to the same fee for the service of the ex parte order granted under this article as that provided for the execution of a warrant for the ejection of a trespasser pursuant to Section 15-67-630. After the authorized enforcement official serves the order, the property owner or representative of the property owner may request that the authorized enforcement official stand by to keep the peace while the property owner or representative of the property owner changes the locks and removes the personal property of the occupants from the premises to or near the property line. When such a request is made, the authorized enforcement official may charge a reasonable hourly rate, and the person requesting the authorized enforcement official to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the authorized enforcement official. The authorized enforcement official is not liable to the unlawful occupant or occupants or to any other party for the loss, destruction, or damage of property. The property owner or representative of the property owner is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.
Section 27-37-300. A person may bring a civil cause of action if the person was removed from the property under this article without just cause. Such person may seek restored possession to the real property, actual damages to personal property when personal property was removed, statutory damages in the amount of one thousand dollars, and reimbursement of court costs. Any damages authorized under this section shall be offset by any damages to the real property inflicted by the person who was removed from the real property without just cause. Such damages to real property shall be proven by the property owner. Awards of actual damages shall not exceed the value of the damaged personal property.
Section 27-37-310. The provisions of this article do not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.
Section 27-37-320. All proceedings under this article are in addition to any other available civil or criminal remedies, unless otherwise specifically provided herein.
Section 27-37-330. (A) The court shall retain jurisdiction over the ex parte order or full order of protection issued under this article for its entire duration. The court may schedule compliance review hearings to monitor the respondent's compliance with the order.
(B) The terms of the ex parte order or full order of protection issued under this article are enforceable by all remedies available at law for the enforcement of a judgment, and the court may punish a respondent who wilfully violates the ex parte order to the same extent as provided by law for contempt of the court in any other suit or proceeding cognizable by the court.
Section 27-37-340. (A) When a law enforcement officer has probable cause to believe that a party, against whom an ex parte order under this article has been entered and who has notice of such order entered, has committed an act in violation of such order, the officer shall arrest the offending party-respondent regardless of whether the violation occurred in the presence of the arresting officer.
(B) In an arrest in which a law enforcement officer acted in good faith reliance on this section, the arresting and assisting law enforcement officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.
(C) A person who violates the terms and conditions of an ex parte order under this article is guilty of a felony and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both. For the purposes of this subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an ex parte order under this article if:
(1) the law enforcement officer responding to a call of a violation of an ex parte order under this article presented a copy of the ex parte order to the respondent; or
(2) notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.
Section 27-37-350. Nothing in this article shall be interpreted as creating a private cause of action for damages to enforce the provisions set forth herein.
B. Title 27 are designated as Article 1, Chapter 37, Title 27 and entitled "Ejectment of Tenants."
SECTION 3. Chapter 11, Title 16 of the S.C. Code is amended by adding:
Section 16-11-790. (A) A person who unlawfully detains, occupies, or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(B) A person who lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the property to another person knowing that he has no lawful ownership in the property or leasehold interest in the property, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
(C) A person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.
SECTION 4. Section 27-40-800 of the S.C. Code is amended to read:
Section 27-40-800. (a) Upon appeal to the circuit court, the case must be heard, in a manner consistent with other appeals from magistrates court, as soon as is feasible after the appeal is docketed.
(b) It is sufficient toNo court shall stay an execution of a judgment for ejectment. that Upon appeal to the circuit court, the tenant sign an undertaking that he willmay file an affidavit with the circuit court or the magistrate having jurisdiction, in which the tenant promises to pay to the landlord the amount of rent, determined by the magistrate in accordance with Section 27-40-780, as it becomes due periodically after the judgment was entered, in exchange for a stay of the execution of a judgment for ejectment. Once the affidavit is accepted by the court, Anyany magistrate, clerk, or circuit court judge shall order a stay of execution upon the undertaking.
(c) The undertaking affidavit by the tenant and the order staying execution may be substantially in the following form:
State of South Carolina
/s/Sen. Johnson /s/Rep. McCabe
/s/Sen. Elliott /s/Rep. T. Moore
/s/Sen. Devine /s/Rep. Spann-Wilder
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 3387 (Word version) -- Reps. G.M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M.M. Smith, B.L. Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
Very respectfully,
Speaker of the House
Received as information.
H. 3387 (Word version) -- Reps. G.M. Smith, W. Newton, B. Newton, Robbins, C. Mitchell, Pope, Chapman, McCravy, Chumley, Taylor, Forrest, Long, Ligon, Guest, Crawford, Edgerton, M.M. Smith, B.L. Cox, Holman, Davis, Brewer, Murphy, Calhoon, Erickson, Bradley, Williams, Hixon, Burns, Hewitt, Gilreath, Cromer, Oremus and Hartz: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 3 TO CHAPTER 37, TITLE 27 SO AS TO ENTITLE THE ARTICLE "EJECTMENT OF UNLAWFUL OCCUPANTS OF A RESIDENTIAL DWELLING," TO DEFINE NECESSARY TERMS, TO PROVIDE AN ALTERNATIVE REMEDY TO REMOVE PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING; TO REDESIGNATE CHAPTER 37, TITLE 27 AS "EJECTMENT PROCEEDINGS"; TO REDESIGNATE THE EXISTING SECTIONS OF CHAPTER 37, TITLE 27 AS ARTICLE 1, CHAPTER 37, TITLE 27 AND ENTITLE IT "EJECTMENT OF TENANTS"; AND BY ADDING SECTION 16-11-521 SO AS TO ESTABLISH THE OFFENSE OF CRIMINAL MISCHIEF.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
S. 52 (Word version) -- Senators Davis, Cash, Gambrell, Grooms, Jackson, Devine, Climer, Johnson, Adams, Turner, Kimbrell, Sutton, Blackmon, Williams, Alexander, Verdin, Garrett, Zell and Walker: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-2930, RELATING TO OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO AMEND THE PENALTY PROVISIONS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2933, RELATING TO DRIVING WITH UNLAWFUL ALCOHOL CONCENTRATIONS, SO AS TO PERMIT SENTENCES OF BOTH FINES AND INCARCERATION AND TO REQUIRE CONVICTED PERSONS TO ATTEND DUI VICTIM IMPACT PANELS; BY AMENDING SECTION 56-5-2941, RELATING TO IGNITION INTERLOCK DEVICES, SO AS TO DELETE THE PROVISION THAT PROVIDES NOTHING IN THE SECTION REQUIRES INSTALLATION OF IGNITION INTERLOCK DEVICES PRIOR TO CONTESTED CASE HEARINGS; BY AMENDING SECTION 56-5-2945, RELATING TO THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE, SO AS TO CREATE THE OFFENSE OF FELONY DRIVING UNDER THE INFLUENCE SECOND DEGREE, ESTABLISH PENALTIES, AND DEFINE THE TERM "MODERATE BODILY INJURY"; BY AMENDING SECTION 56-5-2947, RELATING TO CHILD ENDANGERMENT, SO AS TO INCLUDE THE OFFENSES OF RECKLESS VEHICULAR HOMICIDE AND RECKLESS DRIVING AS VIOLATIONS SUBJECT TO A CHARGE OF CHILD ENDANGERMENT; BY AMENDING SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO TESTING FOR ALCOHOL OR DRUGS, SO AS TO REVISE THE CIRCUMSTANCES, PROCEDURES TO BE FOLLOWED, AND TEST SITES THAT CAN BE USED WHEN PERSONS ARE SUBJECTED TO TESTS FOR ALCOHOL OR DRUGS, TO PROVIDE THAT LABORATORY TECHNICIANS, PHLEBOTOMISTS, AND EMERGENCY MEDICAL TECHNICIANS MAY OBTAIN BLOOD OR URINE SAMPLES, TO REVISE THE PERIOD OF SUSPENSIONS OF DRIVING PRIVILEGES THAT MUST BE IMPOSED FOR FAILURE IF PERSONS REFUSE TO BE TESTED AND IF PERSONS HAVE CERTAIN ALCOHOL CONCENTRATIONS, TO REVISE THE PROVISION THAT ESTABLISHES ALCOHOL CONCENTRATIONS, AND TO DELETE THE PROVISION RELATING TO PERSONS INCAPABLE OF REFUSING TO CONSENT TO TESTS; BY AMENDING SECTION 56-5-2951, RELATING TO SUSPENSION OF LICENSES FOR REFUSAL TO SUBMIT TO TESTING OR FOR CERTAIN LEVELS OF ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED LICENSE SUSPENSIONS MAY INSTALL IGNITION INTERLOCK DEVICES WITHIN THIRTY DAYS AND OBTAIN TEMPORARY DRIVERS' LICENSES WITH IGNITION INTERLOCK RESTRICTIONS, AND TO PROVIDE THAT PERSONS WHO REFUSE TO SUBMIT TO CHEMICAL TESTS MUST HAVE THEIR DRIVERS' LICENSES SUSPENDED FOR ONE YEAR FOR A FIRST OFFENSE, AND TO PROVIDE INCREASED SUSPENSIONS FOR SUBSEQUENT OFFENSES, OR IF PERSONS TAKE THE TESTS AND REGISTER ALCOHOL CONCENTRATIONS OF OVER FIFTEEN ONE-HUNDREDTH OF ONE PERCENT OR MORE, THAT THEIR LICENSES ARE SUSPENDED FOR TWO MONTHS; BY AMENDING SECTION 56-5-2953, RELATING TO INCIDENT SITES AND BREATH TEST SITES FOR VIDEO RECORDING, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY BE CONSTRUED TO COMPEL OR AUTHORIZE A DISMISSAL OF A DUI OFFENSE IF THE OFFICERS SUBSTANTIALLY COMPLY WITH THE STATUTE AND THAT MOTIONS FOR SUPPRESSION OF EVIDENCE UNDER THE STATUTE MUST BE MADE PRIOR TO JEOPARDY ATTACHING; BY AMENDING SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO CREATE THE OFFENSES OF FELONY RECKLESS DRIVING WITH GREAT BODILY INJURY AND RECKLESS DRIVING RESULTING IN MODERATE BODILY INJURY AND TO ESTABLISH PENALTIES; BY ADDING SECTION 56-5-2960 SO AS TO PROVIDE THAT PERSONS CONVICTED OF FELONY DRIVING UNDER THE INFLUENCE CAUSING THE DEATH OR DISABILITY OF PARENTS OR GUARDIANS MAY BE ORDERED TO PAY CHILD SUPPORT AS RESTITUTION FOR THE DURATION OF ANY PROBATION ORDERED, PERFORM COMMUNITY SERVICE, OR BOTH; BY AMENDING SECTION 56-1-286, RELATING TO THE SUSPENSION OF LICENSES OR PERMITS OR THE DENIAL OF ISSUANCE OF LICENSES OR PERMITS TO PERSONS UNDER THE AGE OF TWENTY-ONE WHO DRIVE MOTOR VEHICLES WITH CERTAIN ALCOHOL CONCENTRATIONS, SO AS TO PROVIDE THAT PERSONS ISSUED NOTICES OF SUSPENSIONS MAY OBTAIN TEMPORARY LICENSES WITH IGNITION INTERLOCK RESTRICTIONS; AND BY AMENDING SECTION 56-1-400, RELATING TO THE SURRENDER OF LICENSES, SO AS TO REMOVE THE PROVISION THAT NOTHING IN THIS SECTION REQUIRES PERSONS OBTAIN IGNITION INTERLOCKS UNLESS THE OFFENSES ARE ALCOHOL RELATED.
On motion of Senator HEMBREE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator HEMBREE spoke on the report.
Senator HEMBREE moved that the Committee of Conference be granted Free Conference Powers.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bennett Blackmon Cash Climer Cromer Gambrell Grooms Hembree Jackson Johnson Kennedy Leber Massey Peeler Reichenbach Rice Stubbs Tedder Turner Verdin Young Zell
Adams Allen Bright Corbin Devine Graham Hutto Kimbrell Matthews Sabb Sutton Walker Williams
The Senate refused to grant Free Conference Powers.
H. 4069 (Word version) -- Reps. Sessions, Magnuson and Wickensimer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO PATIENT BILLING FOR HEALTH SERVICES AND SUPPLIES.
On motion of Senator CASH, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator CASH spoke on the report.
The question then was adoption of the Report of Committee of Conference.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Bright Campsen Cash Climer Corbin Cromer Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Kimbrell Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Turner Verdin Walker Williams Young Zell
The General Assembly, Columbia, S.C., June 04, 2026
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4069 (WORD VERSION) -- Reps. Sessions, Magnuson and Wickensimer: TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO PATIENT BILLING FOR HEALTH SERVICES AND SUPPLIES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:
Section 44-7-327. (A) For purposes of this section:
(1) "Debt collection" means an action, conduct, or practice in collecting, or in soliciting for collection, consumer debts that are due or alleged to be due a creditor.
(2) "Healthcare facility" means:
(a) acute care hospitals;
(b) psychiatric hospitals;
(c) alcohol and other substance-use disorder hospitals;
(d) ambulatory surgical facilities;
(e) hospice facilities;
(f) radiation therapy facilities;
(g) rehabilitation facilities;
(h) residential treatment facilities for child and adolescents;
(i) intermediate care facilities for individuals with intellectual disabilities; or
(j) narcotic treatment programs.
(3) "Healthcare service" means a service a healthcare facility provides to an individual to diagnose, prevent, treat, alleviate, cure, or heal a human health condition, illness, injury, or disease.
(4) "Itemized bill" means a document that a healthcare facility provides to a patient outlining services provided and associated charges at the general department or service level.
(B)(1) Beginning January 1, 2027, a healthcare facility that requests payment from a patient after providing a healthcare service or related supply to the patient shall:
(a) provide to the patient an electronic version of the itemized bill of the alleged remittance sought for services and supplies provided to the patient during the patient's visit to the healthcare facility; and
(b) provide to the patient a copy of the written itemized bill upon request of the alleged remittance sought for services and supplies provided to the patient during the patent's visit to the healthcare facility.
(2)(a) The healthcare facility must notify the patient in clear and conspicuous language, electronically or in writing, of the availability of obtaining an itemized copy electronically or in writing pursuant to subsection (B)(1) and must offer the patient the ability to indicate the preferred form of the itemized bill.
(b) A patient may waive the right to receive an itemized bill electronically or in writing. An initial waiver of the right to an itemized bill does not prevent the patient from later receiving an itemized bill upon request. The healthcare facility must notify the patient of their right to later request an itemized bill even if the patient initially waived their right to receive an itemized bill.
(3) The itemized bill must include:
(a) a plain language description, in accordance with the most current billing reading-level requirements and guidance provided by the Centers for Medicare and Medicaid Services, for healthcare services and supplies the healthcare facility provided to the patient;
(b) the amount the healthcare facility alleges is due from the patient; and
(c) if the healthcare facility sought or is seeking reimbursement from a third party, the patient's responsibility amount due to the healthcare facility pursuant to the electronic remittance advice the provider received from the third party under applicable law.
(4)(a) A healthcare facility is legally authorized to issue itemized bills electronically, including through a patient portal on the healthcare facility's website.
(b) In accordance with items (1) and (2), a patient may obtain from the healthcare facility an itemized bill upon request any time after the itemized bill is initially issued.
(C) The appropriate licensing authority shall take disciplinary action against the healthcare facility for the violation as if the healthcare facility violated an applicable licensing law.
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
/s/Sen. Cash /s/Rep. Davis Sen. Garrett /s/Rep. Sessions /s/Sen. Ott /s/Rep. Waters On part of the Senate. On part of the House.
, and a message was sent to the House accordingly.
Columbia, S.C., June 25, 2026
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
H. 4069 (Word version) -- Reps. Sessions, Magnuson and Wickensimer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO PATIENT BILLING FOR HEALTH SERVICES AND SUPPLIES.
Very respectfully,
Speaker of the House
Received as information.
H. 4069 (Word version) -- Reps. Sessions, Magnuson and Wickensimer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO PATIENT BILLING FOR HEALTH SERVICES AND SUPPLIES.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
A message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 1043 (Word version) -- Senators Adams, Zell, Leber and Graham: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "CIVIL AIR PATROL LEAVE ACT"; BY ADDING CHAPTER 23 TO TITLE 25 SO AS TO DEFINE TERMS RELATED TO THE CIVIL AIR PATROL LEAVE ACT, TO PROVIDE FOR THE CREATION AND ADMINISTRATION OF CIVIL AIR PATROL LEAVE, TO PRESCRIBE THE DUTIES OF EMPLOYEES AND RIGHTS OF EMPLOYERS REGARDING CIVIL AIR PATROL LEAVE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE ANTI-DISCRIMINATION AND EMPLOYEE BENEFITS PROTECTIONS.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator GAMBRELL explained the amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Blackmon Bright Campsen Cash Chaplin Climer Corbin Devine Elliott Gambrell Graham Grooms Hembree Hutto Jackson Johnson Kennedy Leber Massey Matthews Ott Peeler Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Walker Williams Young Zell
On motion of Senator GAMBRELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The following remarks by Senator HEMBREE were ordered printed in the Journal of May 13, 2026:
Thank you, Mr. PRESIDENT. Ladies and gentlemen of the Senate, it is our next to last day as we all know. We can do anything for two days. It is my task today to share the South Carolina "250 Minute" for five minutes with my colleagues. A lot of good stories have already been told. Quite frankly, I was going to talk about the legislature meeting in Jacksonboro and then Senator MATTHEWS did a beautiful job explaining it and took my best stuff and did a better job than I would have done, so I've shifted my focus now to something closer to home.
Horry County in the Revolutionary War did not have many battles. It still is somewhat of a remote place, but at the time it was very remote and so it was a great place to hide out, a great place for pirates and other troublemakers, but not such a great place to fight battles. I wanted to share a little bit of the history of Peter Horry. If you look up on the screen, I've got a portrait of him. I'm not in any pictures with him. I'm old, but I'm not quite that old so I'm not present in any of these pictures.
I'll tell you a little bit about his early life. He was born in Georgetown, March 12, 1743. His father, John Horry, was a third-generation colonist and was a Huguenot rice planter in Georgetown. Peter Horry was schooled at the Indigo Society School in Georgetown. Senator GOLDFINCH may have visited there. I know I've had the pleasure of not having rolls thrown at me at the Winyah Indigo Society annual meeting. I have been there before, but it was a school at the time and that was where he received his education. As he got a little older, he served in an apprenticeship with a merchant in Georgetown and it turned out to be a very harsh apprenticeship. That is how it was described. I believe the merchant's name was Goldfinch. That's not true. I don't know who the merchant was. He formed a partnership in a mercantile business in Georgetown in his early life but at age 27, inherited 475 acres from his father and he became a planter as well. But he really distinguished himself in his military life. He became a captain in the colonial forces in June of 1775. He was 32-years old. He fought at the Battle of Sullivan's Island with General Moultrie. Francis Marion was his immediate commander. Francis Marion's regiment distinguished themselves in that battle and Horry received a promotion after that battle. That detachment was disbanded at a point. He returned home. At the Battle of Charleston, Charleston fell. The worst defeat of the Revolution for the American forces was at Charleston -- loss of 5,000 to 6,000 captured. It was really just a disastrous failure there. But the good news for Horry is that he was not captured and Moultrie was not there as well. Neither one of them was captured, so that was good news for both of them. In the summer of 1780, Horry joined with Francis Marion. They got together and he really became Francis Marion's right-hand man. He was his most trusted officer, and they were forever linked, both militarily and in history. They were linked together.
After the war was over in 1792, he took command. He stayed in the military, the militia and he was in command of the sixth militia brigade. In 1798, this was an interesting fact -- there was a rumored French invasion of South Carolina about to take place. He mobilized his forces and they prepared for that invasion which never was to occur. It is the first I'd ever heard that the French were going to invade South Carolina. I know a pretty good joke about French military rifles, but I'll save it for another day.
Let me tell you a little about his public life. He served in the House from 1781-1782 and 1792-1794. He served in the South Carolina Senate, in this very Senate, from 1784-1787. (Let me have you change the picture there to that next slide please). This is a petition that he submitted to the Senate. He was actually a House member at the time, but he submitted this petition -- I got this from the state archives -- to the Senate, seeking payment for 20 of the soldiers who had served with him with Francis Marion -- so this is years and years later. This petition was submitted in September of 1794, and the names of the soldiers were on there. Some of them couldn't sign their name. You see where they put their mark and it has got a designation where they placed their mark. Several of those names are Horry County names that I still recognize. You can pick them out and those families are still around. He held a number of other offices other than the House and Senate. He left the Senate at some point to become the Georgetown Registrar of the Mesne Conveyance. He left the Senate to become the head of the RMC office in Georgetown. I don't know, it might not have been as good of a gig as it is now. He had an active public life.
Later in life in 1793, he married Mary Margaret Guignard (please go to the next slide) and they lived in this house that is on Senate Street. You could literally leave this building right now and walk a couple of blocks and you can see the house where he lived. It's the Horry-Guignard House. He bought the house and the property from his, I think, son-in-law and they lived there for a number of years here in Columbia. He had a four-acre vegetable patch that surrounded that. He was a very active gardener and fed his family and servants and others with the produce from that place.
In his late life he got up with a guy named Mason Weems, and they called him Parson Weems. Some of you will remember this. This is really interesting. Parson Weems had written a book. He was kind of an itinerant preacher and writer. He had written a book about George Washington that had become wildly successful and the story about George Washington chopping down the cherry tree was in that book. It was a lie. It was made up. Weems was bad about taking very extensive literary license with his subjects. Horry had collected all this documentation, he kept notes and letters, and he had all this material from the Revolutionary War during his time with Francis Marion. He got up with Parson Weems. They got together and he turned all this material over to Weems to write the biography of Francis Marion. His own friend
-- he was going to kind of memorialize him. Well, Weems took off with that. He started writing and he wrote this terrific tale about this almost mythical character, Francis Marion. Unfortunately, most of it was false and Horry was infuriated. He was hurt and infuriated and felt like he had been betrayed by Parson Weems and he said, "You have taken my story and turned it into your military romance." So, they were not friends after that.
He died in 1815 at the age of 71. He is buried at Trinity Episcopal Church, right down the street. That's his gravestone that is there at the church. You can go see it right now if we get stuck on something else you don't want to listen to. In 1801, the State of South Carolina honored Peter Horry by naming Horry County after him -- recognizing his service during the Revolutionary War. I think it was pretty fitting because if you look at the map you'll see Marion County here, Francis Marion, and Horry County here right next to it -- his right-hand man for eternity.
On motion of Senator MARTIN, with unanimous consent, the remarks of Senator HEMBREE were ordered printed in the Journal.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, North Greenville Fire District Board of Fire Control, Greenville County, with term to commence upon confirmation, and to expire when filled by a General Election:
Justin D. McKinney, Travelers Rest, SC 29690 VICE Shane Walters
On motion of Senator MASSEY, the Senate agreed that if and when the Senate stands adjourned today, it will adjourn to meet subject to the call of the President and further, the Senate would meet in perfunctory session each Wednesday for the exclusive purpose of the receipt and confirmation of any magistrate appointments which have the approval of the Senators required in Rule 51 and, in accordance with Rule 22, to authorize the Clerk to endorse any Senate Resolution expressing congratulatory messages or sympathy without a reading finally and unless the extraordinary session is otherwise adjourned at an earlier date, the extraordinary session shall stand adjourned no later than Sunday, November 8, 2026.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
At 4:32 P.M., on motion of Senator MASSEY, the Senate adjourned to meet subject to the call of the PRESIDENT.
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