NO. 43
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 55:1: "Ho, everyone who thirsts, come to the waters; and you that have no money, come, buy and eat! Come buy wine and milk without money and without price."
Let us pray. Almighty God, we thank You for Your care of these Representatives and staff as they too, have struggled with COVID. Continue to give them strength and courage to carry out their duties during these days. Cause Your face to shine on our defenders of freedom and first responders. Bless them in their duties. Bless our Nation, President, State, Governor, Speaker, and all who give of their time and effort to this great cause. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Clyde Clyburn, Sr., which was agreed to.
The House stood in silent prayer for the mother of Josephine Laney.
The following was received:
The Honorable Henry D. McMaster The Honorable Jeffrey S. Gossett
State House, First Floor Gressette Building
Columbia, SC 29201 Columbia, SC 29201
The Honorable Mark Hammond The Honorable Charles F. Reid
1205 Pendleton Street Blatt Building
Columbia SC 29201 Columbia, SC 29201
September 23, 2020
RE: Approval of Pamela L. Christopher, 3rd District DOT Commission
Gentlemen:
Pursuant to Section 57-1-325 et. seq., members of the General Assembly representing the 3rd Congressional District met to consider the above referenced appointment on Wednesday, September 23, 2020. The meeting was publicly posted and members of the Senate and House of Representatives met jointly.
As ranking resident senator from the 3rd District, I hereby certify that Ms. Christopher received a majority of the weighted vote of only the senators in the delegation and a majority of the weighted vote of only the members of the House of Representatives in the delegation. Details of the appointment are included below.
Ms. Pamela L. Christopher
Anderson, SC
S.C. Department of Transportation Commission
3rd Congressional District
Term Commencing: February 15, 2020
Term Expiring: February 15, 2024
Vice: Ben H. Davis, Jr.
Thank you for your attention to this matter. Please contact me if you have any questions.
Sincerely,
Thomas Alexander
Received as information.
The following was received:
Columbia, S.C., Tuesday, September 22, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 719 (Word version):
S. 719 (Word version) -- Senators Hembree, Fanning and Campsen: A BILL TO AMEND SECTION 33-57-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAFFLES CONDUCTED BY NONPROFIT ORGANIZATIONS, SO AS TO AUTHORIZE NONPROFIT ORGANIZATIONS RECOGNIZED AS TAX-EXEMPT UNDER INTERNAL REVENUE CODE SECTION 501(c)(5) TO CONDUCT A RAFFLE AND TO REMOVE THE PROHIBITION ON THE USE OF FUNDS RAISED BY THE RAFFLE TO PURCHASE ATHLETIC EQUIPMENT; TO AMEND SECTION 33-57-140, AS AMENDED, RELATING TO STANDARDS FOR RAFFLES, SO AS TO INCREASE THE FAIR MARKET VALUE OF INDIVIDUAL PRIZE AND TOTAL PRIZE LIMITS; AND TO REPEAL SECTION 33-57-200 RELATING TO THE REPEAL OF CHAPTER 57, TITLE 33.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wetmore Wheeler White Whitmire R. Williams S. Williams Willis Wooten
The SPEAKER granted Rep. CHELLIS a leave of absence for the day.
The SPEAKER granted Rep. YOW a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. HAYES a leave of absence for the day.
The SPEAKER granted Rep. WHITE a temporary leave of absence due to a prior business commitment.
The SPEAKER granted Rep. B. NEWTON a leave of absence for the day due to medical reasons.
The following Bill was taken up:
H. 5564 (Word version) -- Reps. Sandifer and Whitmire: A BILL TO AMEND ACT 1041 OF 1970, AS AMENDED, RELATING TO THE ASSESSMENT OF TAXES IN OCONEE COUNTY, SO AS TO REVISE THE MEMBERSHIP AND COMPOSITION OF THE OCONEE COUNTY BOARD OF ASSESSMENT APPEALS.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up: S. 112 (Word version)1 -- Senators Hutto and M. B. Matthews: A BILL TO CONSOLIDATE HAMPTON COUNTY SCHOOL DISTRICT NO. 1 AND HAMPTON COUNTY SCHOOL DISTRICT NO. 2 INTO ONE SCHOOL DISTRICT TO BE KNOWN AS THE HAMPTON COUNTY SCHOOL DISTRICT; TO ABOLISH HAMPTON COUNTY SCHOOL DISTRICT NO. 1 AND HAMPTON COUNTY SCHOOL DISTRICT NO. 2 ON JULY 1, 2021; TO PROVIDE THAT THE HAMPTON COUNTY SCHOOL DISTRICT MUST BE GOVERNED BY A BOARD OF TRUSTEES CONSISTING OF SEVEN MEMBERS, WHICH INITIALLY MUST BE APPOINTED BY THE HAMPTON COUNTY LEGISLATIVE DELEGATION, AND BEGINNING IN 2022, THE SEVEN MEMBERS OF THE HAMPTON COUNTY SCHOOL DISTRICT BOARD OF TRUSTEES MUST BE ELECTED AT LARGE BY A PLURALITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN HAMPTON COUNTY IN NONPARTISAN ELECTIONS TO BE CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION AND EVERY TWO OR FOUR YEARS THEREAFTER, EXCEPT AS PROVIDED IN THIS ACT TO STAGGER THE MEMBERS' TERMS; TO ESTABLISH THE BOARD'S POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE THAT THE DISTRICT SUPERINTENDENT IS THE CHIEF OPERATING OFFICER OF THE DISTRICT AND IS RESPONSIBLE TO THE BOARD FOR THE PROPER ADMINISTRATION OF ALL AFFAIRS OF THE DISTRICT AND SUBJECT TO ALL OTHER PROVISIONS OF LAW RELATING TO HIS DUTIES; TO INCLUDE INTERIM MILLAGE PROVISIONS FOR YEARS 2021 AND 2022, AND TO PROVIDE THAT BEGINNING IN 2023, THE GOVERNING BODY OF HAMPTON COUNTY SHALL APPROVE AN ANNUAL TAX LEVY IN ORDER TO OBTAIN FUNDS FOR SCHOOL PURPOSES AS PROVIDED IN THIS ACT.
The Bill was read the third time, passed and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up: S. 119 (Word version)1 -- Senator M. B. Matthews: A BILL TO AMEND SECTION 1 OF ACT 476 OF 1998, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, TO REQUIRE A CANDIDATE SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN A SIGNED PETITION.
Rep. COBB-HUNTER moved to adjourn debate on the Bill, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 753 (Word version) -- Senators Gambrell and Cash: A BILL TO AMEND SECTION 38-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO TRANSFER ONE PERCENT OF THE REVENUES TO THE V-SAFE PROGRAM; AND TO TRANSFER CERTAIN FUNDS TO THE V-SAFE PROGRAM.
S. 426 (Word version) -- Senators Goldfinch and Sabb: A JOINT RESOLUTION TO TRANSFER FUNDS APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR A BOAT RAMP IN GEORGETOWN COUNTY TO THE DEPARTMENT OF NATURAL RESOURCES AND TO CREDIT SUCH FUNDS AS WATER RECREATIONAL RESOURCE FUNDS FOR GEORGETOWN COUNTY.
S. 107 (Word version)1 -- Senators Alexander, Talley, Grooms, Martin, Young, Peeler, Senn, Cash, Gambrell, Reese, Goldfinch, Fanning and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-197 SO AS TO ESTABLISH THE "FIREFIGHTER CANCER HEALTH CARE BENEFIT PLAN" TO PROVIDE A SUPPLEMENTAL INSURANCE POLICY UPON A FIREFIGHTER BEING DIAGNOSED WITH CANCER AND TO SET FORTH THE BENEFITS CONTAINED IN THE POLICY; AND TO AMEND SECTIONS 38-7-30 AND 38-7-35, RELATING TO THE TAX ON FIRE INSURERS AND THE EXPENDITURE OF THE TAX, SO AS TO FUND THE PLAN. S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 48 SO AS TO ESTABLISH THE SOUTH CAROLINA OFFICE OF RESILIENCE TO DEVELOP, IMPLEMENT, AND MAINTAIN A STATEWIDE RESILIENCE PLAN AND TO COORDINATE STATEWIDE RESILIENCE AND DISASTER RECOVERY EFFORTS, TO PROVIDE THAT A CHIEF RESILIENCE OFFICER SHALL GOVERN THE OFFICE, TO ESTABLISH THE STATEWIDE RESILIENCE PLAN ADVISORY COMMITTEE, TO TRANSFER THE SOUTH CAROLINA DISASTER RECOVERY OFFICE TO THE SOUTH CAROLINA OFFICE OF RESILIENCE, AND TO CREATE THE DISASTER RELIEF AND RESILIENCE RESERVE FUND TO FUND THE STATEWIDE RESILIENCE PLAN, DISASTER RELIEF ASSISTANCE, AND HAZARD MITIGATION AND INFRASTRUCTURE IMPROVEMENTS; TO ESTABLISH THE SOUTH CAROLINA RESILIENCE REVOLVING FUND TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED HOME BUYOUTS AND FLOODPLAIN RESTORATION; AND TO AMEND SECTION 6 29 510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO REQUIRE LOCAL COMPREHENSIVE PLANS TO INCLUDE A RESILIENCE ELEMENT.
S. 217 (Word version) -- Senators Kimpson, Campsen, Senn and Scott: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10 OF THE 1976 CODE, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification: S. 881 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSURANCE CREDITS, SO AS TO, AMONG OTHER THINGS, ADOPT THE RECIPROCAL JURISDICTION AMENDMENT FROM THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS (NAIC) MODEL LAW AND TO MAKE OTHER CONFORMING CHANGES; AND TO AMEND SECTION 38-9-210, AS AMENDED, RELATING TO THE REDUCTION FROM LIABILITY FOR REINSURANCE, SO AS TO CORRECT A STATUTORY REFERENCE.
S. 882 (Word version) -- Senators Cromer and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA PRIVATE FLOOD INSURANCE ACT" BY ADDING CHAPTER 101 TO TITLE 38 SO AS TO ADVANCE DIFFERENT FLOOD INSURANCE COVERAGES FOR THE BENEFIT OF CONSUMERS AND INSURERS.
S. 126 (Word version)3 -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO MERGE THE EAST CAMDEN-HERMITAGE PRECINCT WITH THE CAMDEN 6 PRECINCT, WITH THE RESULTING COMBINED PRECINCT RETAINING THE NAME CAMDEN 6, TO MERGE THE GATES FORD PRECINCT WITH THE BUFFALO PRECINCT, WITH THE RESULTING COMBINED PRECINCT RETAINING THE NAME BUFFALO, AND TO UPDATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration: H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Forrest, Anderson, Hyde, B. Cox, Elliott, Morgan, B. Newton, Rutherford, Long, Magnuson, Clemmons, Davis, Taylor, Hewitt, Pope, Ligon, Tallon, D. C. Moss, Blackwell, Kirby, Sandifer, Jefferson, R. Williams, Kimmons, Murphy, Chellis and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.
Rep. SANDIFER explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Davis Dillard Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
REP. STAVRINAKIS and GILLIARD made statements relative to Rep. MACK'S service in the House.
Rep. MACK made a statement relative to his service in the House.
The following was introduced:
H. 5606 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR BETH HUTCHISON ON HER EIGHTEEN YEARS OF DEDICATED AND OUTSTANDING SERVICE ON THE DISTRICT FIVE OF LEXINGTON & RICHLAND COUNTIES BOARD OF TRUSTEES AND, UPON THE OCCASION OF HER RETIREMENT FROM THE BOARD, TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
The Resolution was adopted.
H. 3210 (Word version) -- Conference Report
The General Assembly, Columbia, S.C., September 23, 2020
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3210 (Word version) -- Reps. Loftis, Clyburn, Collins, Burns, Clary, W. Cox, Morgan, Hyde, Stringer, Elliott, B. Cox, Gagnon, Caskey, Bannister, Willis, Sottile, Stavrinakis, Daning, Blackwell, Taylor, Forrester, Fry, West, Finlay, Simrill, V.S. Moss, Bryant, Bales, D.C. Moss, Erickson, Herbkersman, Whitmire and Weeks: A BILL TO AUTHORIZE THE EXPENDITURE OF FEDERAL FUNDS DISBURSED TO THE STATE IN THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT, AND TO SPECIFY THE MANNER IN WHICH THE FUNDS MAY BE EXPENDED.
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 State of South Carolina received funds from the federal "Coronavirus Aid, Relief, and Economic Security Act" (hereinafter referred to as the CARES Act). A portion of those funds have been reimbursed for authorized expenditures pursuant to Act 142 of 2020. The source of revenue authorized for expenditure and reimbursement in SECTION 3 is the remaining portion of the CARES Act funds that remain on deposit in the Coronavirus Relief Fund established and maintained by the Executive Budget Office pursuant to Act 135 of 2020.
SECTION 2. (A) The expenditure authorizations contained in SECTION 3(A), (C), and (G) are supplemental to the expenditure authorizations for the same purposes as contained in Act 142 of 2020. The remaining expenditure authorizations contained in SECTION 3 may be reimbursed by the Executive Budget Office from the Coronavirus Relief Fund.
(B) State agencies, institutions of higher learning, including technical colleges, counties, municipalities, special purpose districts, and hospitals shall maximize the use of federal funds made available in this Act wherever possible within the allowable uses. If any reimbursement to any recipient, or subrecipient, resulting from an authorization contained herein is disallowed by federal law, then the recipient or subrecipient shall promptly return the funds disbursed to the Executive Budget Office for deposit in the Coronavirus Relief Fund. (C) To maximize the benefit of all funds received by the State, all state agencies, institutions of higher learning, including technical colleges, counties, municipalities, special purpose districts, and hospitals are directed to coordinate expenditure reimbursements through, and in consultation with, the Department of Administration and the grant manager. State agencies, and institutions of higher learning, including technical colleges, shall submit to the Executive Budget Office a detailed budget plan for any funding received that is related to COVID-19, regardless of the source. Counties, municipalities, special purpose districts, hospitals, and independent colleges and universities shall submit to the Executive Budget Office information sufficient to identify other COVID-19 related funding that they are receiving, regardless of the source, and provide a detailed accounting of how the funding is being used.
SECTION 3. State agencies and higher education institutions are authorized to expend federal funds in the Coronavirus Relief Fund if the expenditure is in compliance with the CARES Act. The Executive Budget Office is authorized to reimburse from the Coronavirus Relief Fund, up to the amounts listed below in each category, expenditures compliant with the CARES Act by the following sectors: state agencies, institutions of higher learning, counties, municipalities, special purpose districts, public and private hospitals, nonprofit and minority and small businesses.
(A) Department of Health and Environmental Control
Statewide Testing and Monitoring.................$ 73,022,613
(B) Medical University of South Carolina
Statewide Testing............................ $ 20,150,000
(C) Department of Employment and Workforce
Unemployment Trust Fund............... .$420,000,000
(E) Department of Administration
Nonprofit Relief Program... $ 25,000,000
(F) Department of Administration
Minority and Small Business Relief
Program... .........$ 40,000,000
(G) Department of Administration
State, Local Government, Independent
College and University Expenditures... $115,000,000
SECTION 4. The Department of Education is authorized to utilize unexpended authorizations contained Section 3(B) of Act 142 of 2020 for the costs associated with the following:
(1) School safety measures taken in response to COVID-19 including, but not limited to, purchasing masks, gloves, wipes, hand sanitizer, face shields, cleaning solution, Plexiglas, and other cleaning equipment and supplies. (2) Additional expenses incurred by Virtual SC in response to COVID-19.
(3) Hire or contract for school nurse services for those schools that do not have a full-time school nurse.
(4) Tutoring, supplemental services, and support services to include services for unengaged students, interventionists, and after school learning extensions that prioritize face-to-face instruction focused on students with identified reading or math difficulties and students with IEPs to address deficits resulting from COVID-19.
(5) Technology purchases of devices and connectivity equipment to support online learning resulting from COVID-19.
It is the intent of the General Assembly that reimbursements for item (1) - school safety measures - be the Department's first priority for reimbursement.
SECTION 5. State agencies may apply for reimbursement in a similar manner as set forth in SECTION 6 of Act 142 of 2020.
SECTION 6. (A) There is established through the SC CARES Grant Management Program a nonprofit entity reimbursement grant program with the funds authorized in Section 3(E). The program shall award grants to qualifying nonprofit entities to reimburse the qualifying nonprofit entity for some, or all, of the costs associated with qualifying expenditures incurred, or expected to be incurred, by the qualifying nonprofit entity between March 1, 2020 and December 1, 2020. A qualifying nonprofit entity may receive a grant in an amount between two thousand five hundred dollars and fifty thousand dollars. Nonprofit entities must apply for grants no later than November 1, 2020.
(B)(1) Applications for grants shall be made to the panel established in item (2). An applicant shall provide the panel with information concerning the applicant's expenditures for which the applicant seeks a grant. Grants shall be awarded for qualifying expenditures in amounts determined by the panel. First, priority must be given to applicants that did not receive other assistance, such as a Paycheck Protection Program loan or other CARES funds. Then, priority shall be given to applications for expenditures related to (1) food assistance, including prepared meals; (2) rent or mortgage assistance; (3) utilities assistance; (4) mental health counseling; (5) health care services, including access to health care supplies, mental health, and behavioral health; (6) criminal domestic violence and children's advocacy services; and (7) arts and cultural items or activities.
(2)(a) Applications for grants shall be evaluated and awarded by a panel consisting of: (i) the Director of the Department of Social Services, or his designee;
(ii) the Director of the Department of Mental Health, or his designee;
(iii) the Director of the Department of Consumer Affairs, or his designee;
(iv) the Director of the Department of Health and Human Services, or his designee;
(v) the Director of the Department of Alcohol and Other Drug Abuse Services, or his designee;
(vi) the Secretary of State, or his designee;
(vii) the Director of the South Carolina Arts Commission, or his designee;
(viii) the Director of the Department of Archives and History, or his designee; and
(ix) the Executive Director of the South Carolina State Housing Finance and Development Authority, or his designee.
(b) The panel shall meet as often as is necessary to fulfill its obligations as provided herein. The panel may utilize remote technology for meetings or other activities as necessary. The Department of Administration shall assist with the coordination of the panel's meetings.
(c) The panel shall develop an application and establish criteria for the evaluation of applications that is consistent with the requirements contained herein, including the priorities identified in item (B)(1). During its evaluation of applications, the panel shall give consideration to the geographic distribution of services provided by the qualifying expenditures so that grants are awarded on a statewide basis.
(d) The Department of Administration shall provide staff support for the panel. The Department of Administration, in conjunction with SC CARES Grant Management Program, shall confirm that all reimbursement requests in the grant applications comply with federal CARES Act requirements.
(C) For the purposes of the nonprofit entity reimbursement grant program established herein:
(1) "qualifying nonprofit entity" means a 501(c)(3) that has been operating in South Carolina for at least six months prior to the Governor's initial COVID-19 state of emergency declaration on March 13, 2020; and (2) "qualifying expenditure" means an expenditure of funds related to services provided to people in response to the COVID-19 public health emergency. The definition of qualifying expenditure does not include any expenditure that qualified the nonprofit entity to receive federal emergency relief funds, including the Paycheck Protection Program, if the nonprofit entity has, or will, receive the federal emergency relief funds.
SECTION 7. (A) There is established through the SC CARES Grant Management Program a minority and small business enterprise reimbursement grant program with the funds authorized in Section 3(F). The program shall award grants to qualifying minority and small business enterprises to reimburse the enterprise for some, or all, of the costs associated with qualifying expenditures incurred, or expected to be incurred, by the qualifying minority or small business enterprise between March 1, 2020, and December 1, 2020. A qualifying minority or small business enterprise may receive a grant in an amount between two thousand five hundred dollars and twenty-five thousand dollars. Minority and small business enterprises must apply for grants no later than November 1, 2020.
(B) Applications for grants shall be made to the SC CARES Grant Management Program. An applicant shall provide the SC CARES Grant Management Program with information concerning the applicant's expenditures for which the applicant seeks a grant. The grant manager shall evaluate grant applications to confirm that all reimbursement requests in the grant applications comply with federal CARES Act requirements.
(C)(1) Priority must be given to minority businesses, to applicants that did not receive other assistance, such as a Paycheck Protection Program loan or other CARES funds, to businesses with fifteen or fewer employees, and to businesses that demonstrate the greatest financial need.
(2)(a) Priorities must be assigned to minority and small business enterprises by a panel consisting of:
(i) the Director of the Commission for Minority Affairs, or his designee;
(ii) the Secretary of Commerce, or his designee; and
(iii) the Director of the Department of Revenue, or his designee.
(b) In addition to assigning priorities, the panel also must make an initial determination of which applicants meet the definitions set forth in subsection (D). Once the panel has made such determinations and has assigned priorities, the panel shall award grants in the amounts determined by the SC CARES Act Grant Management Program and in accordance with this SECTION. (D) For the purposes of the minority and small business enterprise reimbursement grant program:
(1) "Economically disadvantaged individuals" means those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.
(2) "Minority business enterprise" means a business with twenty-five or fewer employees that has been operating in South Carolina for at least six months prior to the Governor's initial COVID-19 state of emergency declaration on March 13, 2020, and is owned by an individual who is a United States citizen and who is economically and socially disadvantaged.
(3) "Qualifying expenditure" means costs associated with business interruptions resulting from the COVID-19 public health emergency and any expenses deemed necessary and incurred as a result of the COVID-19 health emergency. The definition of qualifying expenditure does not include any expenditure that qualified the minority or small business enterprise to receive federal emergency relief funds, including the Paycheck Protection Program, if the minority or small business enterprise has, or will, receive the federal emergency relief funds.
(4) "Small business enterprise" means a business with twenty-five or fewer employees that has been operating in South Carolina for at least six months prior to the Governor's initial COVID-19 state of emergency declaration on March 13, 2020.
(5) "Socially disadvantaged individuals" means those individuals who are members of the following groups: African Americans; Hispanic Americans; Native Americans (including individuals recognized as American Indians, Eskimos, Aleuts, and Native Hawaiians), and Asian Pacific Americans.
SECTION 8. The funds authorized for the Department of Health and Environmental Control pursuant to Section 3(A) must be utilized in the manner prescribed for the Statewide Testing Plan established in Section 7 of Act 142 of 2020.
SECTION 9. The funds authorized for the Medical University of South Carolina pursuant to Section 3(B) for statewide testing shall be utilized to continue the Medical University's COVID-19 at-risk testing initiative. SECTION 10. (A)(1) State agencies, public institutions of higher learning, counties, municipalities, and special purpose districts are authorized to apply for reimbursement of expenditures necessary for the response to the COVID-19 public health emergency incurred, or expected to be incurred, between July 1, 2020 and December 30, 2020.
(2) Independent colleges and universities that are member institutions of the South Carolina Independent Colleges and Universities nonprofit corporation are authorized to apply for reimbursement of expenditures that were necessary for the response to the COVID-19 public health emergency incurred, or expected to be incurred, between March 1, 2020 and December 30, 2020. Bob Jones University and Clinton College are also authorized to apply for reimbursement of expenditures that were necessary for the response to the COVID-19 public health emergency that were incurred, or expected to be incurred, between March 1, 2020 and December 30, 2020.
(3) All applications for reimbursement shall be submitted to the SC CARES Grant Management Program on or before November 15, 2020.
(B) If the Executive Budget Office determines that the amount of eligible expenditures through December 30, 2020 exceeds the authorizations provided for in Act 142 of 2020 and Section 3(G) of this act, then the Executive Budget Office is authorized to prioritize the remaining reimbursements for expenses incurred as a result of COVID-19 in the following order:
(1) institutions of higher learning, including member institutions of the South Carolina Independent Colleges and Universities nonprofit corporation and Bob Jones University and Clinton College, for expenses related to providing virtual and in-person educational services for students enrolled for the fall 2020 semester;
(2) state agencies;
(3) county governments;
(4) municipal governments; and
(5) special purpose districts.
SECTION 11. Excess funds authorized in Section 9 of Act 142 of 2020 for the Hospital Relief Fund shall be used for the reimbursement of eligible hospital expenditures incurred on or before September 30, 2020. No hospital shall be reimbursed for expenses that were already reimbursed from the fund or which were eligible for reimbursement from any other fund source. The Executive Budget Office shall distribute the balance of the Hospital Relief Fund to hospitals based upon their respective shares of their unreimbursed and validated expenditures incurred due to the COVID-19 public health emergency. SECTION 12. To ensure that the State of South Carolina maximizes the use of federal funds authorized through the Coronavirus Relief Fund, the Director of the Executive Budget Office is authorized to reallocate any unused authorization in a particular enumerated item in this act and in Act 142 of 2020 to any enumerated item for which approved reimbursements exceed the authorization. This reallocation may not be implemented prior to December 1, 2020. Should this condition be met in multiple authorizations, the Director shall reallocate any unused authorization according to the following prioritization:
(1) Department of Employment and Workforce - Unemployment Trust Fund;
(2) Department of Health and Environmental Control - Statewide Testing and Monitoring;
(3) Medical University of South Carolina - Statewide Testing;
(4) State Department of Education - Uses Authorized in SECTION 4 of this Act;
(5) Department of Administration - State, Local Government, Independent Colleges and University Expenditures;
(6) Department of Administration - Minority and Small Business Relief Program;
(7) Department of Administration - Nonprofit Relief Program;
(8) Department of Administration - Executive Budget Office Hospital Relief Program;
(9) Adjutant General - Emergency Management Division Personal Protective Equipment Stockpile and Supply Chain; and
(10) Office of Regulatory Staff - Broadband Mapping and Planning, Infrastructure, and Mobile Hotspots.
SECTION 13. In order to address the extraordinary challenges facing Patriots Point Development Authority due to COVID-19, the Authority shall utilize the $1,000,000 authorized by proviso 52.2 and the $1,700,000 appropriated by proviso 118.16, Item (45), both of Act 91 of 2019, for agency operating expenses. The Department of Administration shall assist Patriots Point in the development of a long-term financial strategy and operational plan. The provisions of this SECTION shall remain in effect until replaced by a subsequent act of the General Assembly. SECTION 14. The funds allocated to the Department of Employment and Workforce for the unemployment trust fund from the CARES Act Coronavirus Relief Fund shall be utilized to offset the unexpected losses to the unemployment trust fund between March 1, 2020, and December 30, 2020, resulting from the pandemic and to set the total effective rates for 2021 rate classes at the same total effective rates as 2020 rate classes.
SECTION 15. Due to the strains caused by COVID-19, for Fiscal Year 2020-21, the earnings limitation imposed pursuant to Section 9-1-1790 and Section 9-11-90 of the 1976 Code does not apply to retired members of the South Carolina Retirement System or the Police Officers Retirement System who return to covered employment to participate in the state's public health preparedness and response to the COVID-19 virus. To the extent allowed by the CARES Act, the Public Employee Benefit Authority may apply to have its implementation costs to be reimbursed.
SECTION 16. 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 17. The provisions of this act take effect upon approval of the Governor. /
Amend title to conform.
/s/Sen. Thomas C. Alexander /s/Rep. George Murrell Smith Jr. /s/Sen. Darrell Jackson Sr. /s/Rep. William "Bill" Clyburn /s/Sen. Tom Davis /s/Rep. Kirkman Finlay III On Part of the Senate. On Part of the House.
Rep. FINLAY explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill Jones Toole
I was temporarily out of the Chamber on constituent business during the vote on H. 3210 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Annie McDaniel
Reps. LUCAS, RUTHERFORD and HOWARD made statements relative to Rep. BALES'S service in the House.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
ELECTION OF MEMBERS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE APPELLATE PANEL; TO ELECT MEMBERS OF THE BOARD OF TRUSTEES FOR CERTAIN COLLEGES AND UNIVERSITIES; TO ELECT MEMBERS OF THE PUBLIC SERVICE COMMISSION
The Reading Clerk of the Senate read the following Concurrent Resolution: S. 123 (Word version)9 -- Senators Peeler, Alexander, Scott and Verdin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, SEPTEMBER, 23, 2020, AS THE DATE AND TIME FOR THE SENATE AND THE HOUSE OF REPRESENTATIVES TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSOR MEMBERS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE APPELLATE PANEL FOR SEATS 1, 2, AND 3, SO AS TO FILL THE TERMS THAT EXPIRED JUNE 30, 2020; TWO AT-LARGE MEMBERS TO THE BOARD OF VISITORS FOR THE CITADEL FOR TERMS TO EXPIRE JUNE 30, 2026; THREE AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES FOR CLEMSON UNIVERSITY FOR TERMS TO EXPIRE JUNE 30, 2024; A MEMBER TO THE BOARD OF TRUSTEES FOR COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2023; A MEMBER OF THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FIRST CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2024, SEVENTH CONGRESSIONAL DISTRICT, SEAT 14, WHOSE TERM EXPIRES JUNE 30, 2024, AND AT-LARGE, SEAT 16, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR FRANCIS MARION UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, SEVENTH CONGRESSIONAL DISTRICT, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2024, AT-LARGE, SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2022, AND AT-LARGE, SEAT 9, SEAT 11, AND SEAT 15, WHOSE TERMS EXPIRE JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR LANDER UNIVERSITY, FIRST CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SEVENTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, FIRST CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SEVENTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT, 2, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2024, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2024, AND AT-LARGE, SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA, SECOND JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, EIGHTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, TENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SIXTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR WINTHROP UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2026, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE, 2026, AND AT-LARGE, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2026; THREE AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL, WHOSE TERMS EXPIRE JUNE 30, 2024; AND TO ELECT MEMBERS OF THE PUBLIC SERVICE COMMISSION, FIRST CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SEVENTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024.
The PRESIDENT recognized Rep. BANNISTER, Chairman of the Committee to Investigate Candidates for the Department of Employment and Workforce Appelate Panel.
Rep. BANNISTER, on behalf of the Committee to Investigate Candidates for the Department of Employment and Workforce Appelate Panel, stated that the following candidates had been screened, found qualified, and placed their names in nomination: Evelyn B. Ayers, Seat 1; Timothy N. Dangerfield, Seat 2; and Stephen S. Kelly, Seat 3.
On the motion of Rep. BANNISTER, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, Evelyn B. Ayers, Seat 1, Timothy N. Dangerfield, Seat 2, and Stephen S. Kelly, Jr., Seat 3, were duly elected for the term prescribed by law.
THE CITADEL
TWO AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for the two At-Large Seats.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Stanley L. Myers and Fred L. Price had been screened, found qualified, and placed their names in nomination.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Fred L. Price had withdrawn from the race, and placed the name of the remaining candidate, Stanley L. Myers in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Stanley L. Myers was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for the three At-Large Seats.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Ronald D. Lee, Louis B. Lynn, Robert L. Peeler, and John W. Pettigrew and been screen, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Ronald Lee:
Alexander Allen Campbell Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Malloy Massey Matthews, John McElveen McLeod Peeler Rankin Reese Rice Sabb Scott Senn Setzler Sheheen Talley Turner Williams Young
The following named Senators voted for Louis Lynn:
Alexander Allen Campbell Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Malloy Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Sheheen Talley Turner Williams
The following named Senators voted for Robert Peeler:
Alexander Allen Campbell Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Malloy Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Sheheen Talley Turner Williams Young
The following named Senators voted for John Pettigrew:
Cash Loftis Massey Nicholson Young
The Reading Clerk of the House called the roll of the House, and the Representatives voted viva voce as their names were called.
The following named Representatives voted for Ronald Lee:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bernstein Blackwell Bradley Brawley Brown Calhoon Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Howard Huggins Hyde Jefferson Johnson Jordan Kirby Ligon Lucas Mack Matthews McGinnis McKnight Moore Murphy W. Newton Norrell Oremus Ott Pope Ridgeway Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Weeks West Wetmore Wheeler Whitmire S. Williams
The following named Representatives voted for Louis Lynn:
Alexander Allison Anderson Atkinson Bales Ballentine Bannister Bennett Bernstein Bradley Brawley Brown Calhoon Caskey Clary Cobb-Hunter Cogswell Collins W. Cox Crawford Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Garvin Gilliard Govan Hardee Henderson-Myers Henegan Hewitt Hiott Hixon Howard Huggins Hyde Jefferson Johnson Jordan King Kirby Lucas Mack Matthews McDaniel McGinnis McKnight Moore D. C. Moss Murphy W. Newton Norrell Ott Parks Pendarvis Ridgeway Robinson Rose Rutherford Sandifer Simrill G. M. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis
The following named Representatives voted for Robert Peeler:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Calhoon Caskey Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Howard Huggins Hyde Jefferson Johnson Jordan King Kirby Ligon Lowe Lucas Mack Matthews McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Toole Weeks West Wetmore Wheeler Whitmire S. Williams Willis Wooten
The following named Representatives voted for John Pettigrew:
Bailey Bennett Blackwell Bryant Burns Caskey Chumley Clyburn Cogswell B. Cox Daning Davis Finlay Forrest Gagnon Gilliam Haddon Herbkersman Hill Hosey Jones Kimmons King Ligon Long Lowe Magnuson Martin McCravy Morgan D. C. Moss V. S. Moss Oremus Parks Pope Rivers G. R. Smith Stringer Thayer Thigpen Toole Trantham R. Williams Willis Wooten
Total number of Senators voting 40
Total number of Representatives voting 115
Grand Total 155
Necessary to a choice 78
Of which Ronald Lee received 118
Of which Louis Lynn received 117
Of which Robert Peeler received 135
Of which John Pettigrew received 50
Whereupon, the PRESIDENT announced that Ronald D. Lee, Louis B. Lynn, and Robert L. Peeler were duly elected for the term prescribed by law.
FIFTH CONGRESSIONAL DISTRICT, SEAT 5
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 5.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Lisa Mabry Davis had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Lisa Mabry Davis was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the First Congressional District, Seat 2.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Andrew A. Gianoukos had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Andrew A. Gianoukos was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 4.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Brian J. Stern had been screened, found qualified, and placed his name in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Brian J. Stern was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 6.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Craig C. Thornton had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Craig C. Thornton was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 8.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Renee B. Romberger had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Renee B. Romberger was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Seat 10.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that R. McLaurin Burch III had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that R. McLaurin Burch III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 12.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Randy F. Adkins, Jr., and Ricci L. Welch had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Randy E. Adkins, Jr.:
Cash
The following named Senators voted for Ricci L. Welch:
Alexander Allen Campbell Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Loftis Malloy Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Senn Setzler Sheheen Talley Turner Williams Young
On the motion of Rep. HIOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Randy E. Adkins, Jr.:
Alexander Anderson Bales Blackwell Brawley Brown Clyburn Crawford Daning Garvin Govan Haddon Henderson-Myers Henegan Hosey Jefferson King Magnuson Matthews McDaniel McGinnis McKnight Moore Morgan D. C. Moss Oremus Pendarvis Rivers Robinson Rose Rutherford G. R. Smith Spires Stringer Thigpen Trantham Wetmore R. Williams S. Williams
The following named Representatives voted for Ricci L. Welch:
Allison Atkinson Bailey Ballentine Bannister Bennett Bernstein Bradley Bryant Burns Calhoon Caskey Chumley Clary Collins B. Cox W. Cox Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliam Gilliard Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mack Martin McCravy V. S. Moss Murphy W. Newton Norrell Ott Parks Pope Ridgeway Sandifer Simrill G. M. Smith Sottile Stavrinakis Tallon Taylor Thayer Toole Weeks West Wheeler Whitmire Willis Wooten
Total number of Senators voting 39
Total number of Representatives voting 109
Grand Total 148
Necessary to a choice 75
Of which Randy E. Adkins, Jr. received 40
Of which Ricci L. Welch received 108
Whereupon, the PRESIDENT announced that Ricci L. Welch was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Seat 14.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Penny S. Rosner had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Penny S. Rosner was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat, Seat 16.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that David M. Hay had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that David M. Hay was duly elected for the term prescribed by law.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Benjamin I. Duncan II had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Benjamin I. Duncan II was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Seat 3.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that R. Tracy Freeman had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that R. Tracy Freeman was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Benny J. "Jody" Bryson had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Benny J. "Jody" Bryson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Seat 7. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that George C. McIntyre had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that George C. McIntyre was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat, Seat 9.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Karen A. Leatherman had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Karen A. Leatherman was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat, Seat 11.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that H. Randall Dozier had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that H. Randall Dozier was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat, Seat 13.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Patricia C. Hartung had been screened, found qualified, and placed her name in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Patricia C. Hartung was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large Seat, Seat 15.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that William W. Coleman had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William W. Coleman was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT
The PRESIDENT announced that nominations were in order for the First Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Cary C. Corbitt had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Cary C. Corbitt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Second Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Angela G. Strickland had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee. Whereupon, the PRESIDENT announced that Angela G. Strickland was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Linda L. Dolny had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Linda L. Dolny was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Terry O. Pruitt and James C. Shubert had been screened, found qualified, and placed their names in nomination.
Rep. WHITMIRE stated that James C. Shubert had withdrawn from the race, and placed the name of the remaining candidate, Terry O. Pruitt, in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Terry O. Pruitt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that S. Anne Walker had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that S. Anne Walker was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Robert F. Sabalis had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert F. Sabalis was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Catherine K. Lee had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Catherine K. Lee was duly elected for the term prescribed by law.
FIRST CONGRESSIONAL DISTRICT, NONMEDICAL SEAT
The PRESIDENT announced that nominations were in order for the First Congressional District, Nonmedical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Michael E. Stavrinakis had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Michael E. Stavrinakis was duly elected for the term prescribed by law.
Mr. President and Clerk,
I am abstaining from voting on the election for MUSC Congressional District 1, non-medical seat, due to a potential conflict of interest.
Rep. Leon E. Stavinakis
The PRESIDENT announced that nominations were in order for the Second Congressional District, Nonmedical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that William H. Bingham, Sr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that William H. Bingham, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Congressional District, Nonmedical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Charles W. Schulze had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Charles W. Schulze was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Medical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that H. Frederick Butehorn III had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that H. Frederick Butehorn III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Congressional District, Medical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that G. Murrell Smith, Sr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that G. Murrell Smith, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Nonmedical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Barbara Johnson-Williams had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Barbara Johnson-Williams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Congressional District, Medical Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Paul T. Davis had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Paul T. Davis was duly elected for the term prescribed by law.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Douglas P. Gantt and Macie P. Smith had been screened, found qualified, and placed their names in nomination.
Rep. WHITMIRE stated that Macie P. Smith had withdrawn from the race, and placed the name of the remaining candidate, Douglas P. Gantt, in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Douglas P. Gantt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Congressional District, Seat 4.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Jameel Allen, Sr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Jameel Allen, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 6.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Wilbur B. Shuler had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Wilbur B. Shuler was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 8.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Louvetta Roseboro Dicks and Doward Keith Harvin had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Louvetta Roseboro Dicks:
Alexander Cash Climer Corbin Fanning Gambrell Goldfinch Gregory Harpootlian Hembree Loftis Peeler Rice Talley Turner
The following named Senators voted for Doward Keith Harvin:
Allen Campbell Campsen Cromer Grooms Hutto Jackson Johnson Malloy Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Rankin Reese Sabb Setzler Sheheen Williams Young
On the motion of Rep. HIOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Louvetta Roseboro Dicks:
Allison Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Cobb-Hunter Collins B. Cox Crawford Daning Dillard Elliott Erickson Felder Finlay Forrest Forrester Gagnon Garvin Gilliam Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Howard Huggins Hyde Johnson Kimmons King Ligon Long Lucas Magnuson Martin McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pope Robinson Rose Rutherford Simrill G. R. Smith Spires Stavrinakis Stringer Tallon Taylor Toole Trantham West Wetmore Whitmire S. Williams Willis Wooten
The following named Representatives voted for Doward Keith Harvin:
Anderson Atkinson Brown Clyburn Davis Funderburk Gilliard Govan Hosey Jefferson Jordan Kirby Lowe Mack Matthews McCravy McKnight Pendarvis Ridgeway Rivers G. M. Smith Sottile Thigpen Weeks Wheeler R. Williams
Total number of Senators voting 37
Total number of Representatives voting 107
Grand Total 144
Necessary to a choice 73
Of which Louvetta Roseboro Dicks received 96
Of which Doward Keith Harvin received 48
Whereupon, the PRESIDENT announced that Louvetta Roseboro Dicks was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 12.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Ronald D. Friday had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ronald D. Friday was duly elected for the term prescribed by law.
SECOND JUDICIAL CIRCUIT
The PRESIDENT announced that nominations were in order for the Second Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Miles Loadholt had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Miles Loadholt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourth Judicial Circuit. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Eugene P. Warr, Jr., and James C. Williamson had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Eugene P. Warr, Jr:
Alexander Allen Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Loftis Malloy Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Setzler Talley Turner Williams Young
The following named Senators voted for James C. Williamson:
Sheheen
On the motion of Rep. HIOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for Eugene P. Warr, Jr:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Garvin Gilliam Gilliard Govan Haddon Hardee Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Toole Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten
The following named Representatives voted for James C. Williamson:
Total number of Senators voting 37
Total number of Representatives voting 109
Grand Total 146
Necessary to a choice 74
Of which Eugene P. Warr, Jr received 145
Of which James C. Williamson received 1
Whereupon, the PRESIDENT announced that Eugene C. Warr, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Hubert F. "Hugh" Mobley and Spiro G. Poulos had been screened, found qualified, and placed their names in nomination.
Rep. WHITMIRE stated that Spiro G. Poulos had withdrawn from the race, and placed the name of the remaining candidate, Hubert F. "Hugh" Mobley, in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Hubert F. "Hugh" Mobley was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eighth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Brian C. Harlan had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Brian C. Harlan was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Tenth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Donald L. "Chuck" Allen, Emma W. Morris, and Blair L. Stoudemire had been screened, found qualified, and placed their names in nomination. Rep. WHITMIRE stated that Donald L. "Chuck" Allen and Blair L. Stoudemire had withdrawn from the race, and placed the name of the remaining candidate, Emma W. Morris, in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Emma W. Morris was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fourteenth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Rose B. Newton had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Rose B. Newton was duly elected for the term prescribed by law.
September 23, 2020
Charles Reid, Clerk
South Carolina House of Representatives
Dear Mr. Reid,
I am notifying you in accordance with Section 8-13-700(B) of the SC Code, I hereby recused myself from voting on the Board appointment to the University of South Carolina, 14th Judicial Circuit, Rose B. Newton, because of a potential conflict of interest due to an economic interest of an immediate family member and to avoid even an appearance of impropriety. Please note this in the House Journal for September 23, 2020.
The PRESIDENT announced that nominations were in order for the Fifteenth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that J. Egerton Burroughs and Jasper N. Ramsey, Jr., had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for J. Egerton Burroughs:
Alexander Allen Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Gregory Grooms Hembree Jackson Johnson Loftis Malloy Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Talley Turner Williams Young
The following named Senators voted for Jasper N. Ramsey, Jr.:
On the motion of Rep. HIOTT, with unanimous consent, the members of the House voted by electronic roll call.
The following named Representatives voted for J. Egerton Burroughs:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Clyburn Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Gagnon Gilliam Govan Haddon Hardee Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons Ligon Long Lowe Lucas Magnuson Martin McCravy McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Oremus Pope Ridgeway Rivers Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West Wheeler Whitmire R. Williams S. Williams Willis Wooten
The following named Representatives voted against J. Egerton Burroughs:
Bernstein Brawley Brown Clary Cobb-Hunter Garvin Gilliard Henegan Howard King Mack McDaniel Norrell Ott Robinson Rose Rutherford Stavrinakis Thigpen Weeks Wetmore
The following named Representatives voted for Jasper N. Ramsey, Jr.:
Garvin King Robinson Rose Rutherford
Total number of Senators voting 33
Total number of Representatives voting 87
Grand Total 120
Necessary to a choice 61
Of which J. Egerton Burroughs received 115
Of which Jasper N. Ramsey, Jr. received 5
Whereupon, the PRESIDENT announced that J. Egerton Burroughs was duly elected for the term prescribed by law.
I was temporarily out of the Chamber on constituent business during the vote on the University of South Carolina 15th Judicial Circuit. If I had been present, I would have voted against Burroughs.
Rep. JA Moore
The PRESIDENT announced that nominations were in order for the Sixteenth Judicial Circuit.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Leah B. Moody had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Leah B. Moody was duly elected for the term prescribed by law.
The SPEAKER granted Rep. WHEELER a leave for the remainder of the day.
SECOND CONGRESSIONAL DISTRICT, SEAT 2
The PRESIDENT announced that nominations were in order for the Second Congressional District, Seat 2. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that John E. Brazell had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John E. Brazell was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Sixth Congressional District, Seat 6.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Ashlye V. Wilkerson had been screened, found qualified, and placed her name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Ashlye V. Wilkerson was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 9.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that J. Randall Imler had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that J. Randall Imler was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for the three At-Large Seats. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Doris M. Adams, Bryan B. England, Kimberly L. Suber, and Reginald J. Thomas had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Doris Adams:
Alexander Allen Campbell Campsen Corbin Cromer Fanning Gambrell Goldfinch Grooms Harpootlian Hembree Jackson Johnson Loftis Malloy McElveen McLeod Peeler Rankin Reese Rice Sabb Setzler Turner Williams Young
The following named Senators voted for Bryan England:
Alexander Campbell Campsen Corbin Cromer Gambrell Goldfinch Grooms Hembree Hutto Loftis Matthews, Margie McElveen Nicholson Peeler Rankin Rice Sabb Setzler Turner Young
The following named Senators voted for Kimberly Suber:
Allen Cromer Fanning Goldfinch Harpootlian Hutto Jackson Johnson Malloy Matthews, Margie McLeod Nicholson Peeler Rankin Reese Sabb Williams
Alexander Allen Campbell Campsen Corbin Fanning Gambrell Grooms Harpootlian Hembree Hutto Jackson Johnson Loftis Malloy Matthews, Margie McElveen McLeod Nicholson Reese Rice Setzler Turner Williams Young
The Reading Clerk of the House called the roll of the House, and the Representatives voted viva voce as their names were called.
The following named Representatives voted for Doris Adams:
Allison Anderson Atkinson Bailey Bales Bannister Bennett Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Collins Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Gagnon Haddon Hardee Hewitt Hixon Huggins Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Martin Matthews McCravy McKnight D. C. Moss V. S. Moss Murphy W. Newton Oremus Ott Pope Ridgeway Rose Sandifer Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen Trantham West Wetmore Whitmire R. Williams Willis Wooten
The following named Representatives voted for Bryan England:
Allison Anderson Atkinson Bailey Bales Bannister Bennett Blackwell Bradley Bryant Burns Caskey Chumley Collins B. Cox Crawford Daning Davis Erickson Felder Forrest Forrester Fry Gagnon Hardee Hewitt Hixon Jordan Kimmons Kirby Ligon Long Lowe Lucas Martin McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy W. Newton Oremus Ott Pope Sandifer Simrill G. R. Smith Sottile Stringer Tallon Taylor Thayer Trantham West Whitmire R. Williams
The following named Representatives voted for Kimberly Suber:
Anderson Atkinson Bales Ballentine Bernstein Brawley Brown Burns Calhoon Clary Clyburn Cobb-Hunter B. Cox W. Cox Crawford Dillard Elliott Finlay Fry Funderburk Garvin Gilliam Gilliard Govan Haddon Henderson-Myers Henegan Herbkersman Hosey Howard Huggins Hyde Jefferson Johnson Kimmons King Kirby Mack Matthews McCravy McDaniel McKnight Moore Morgan Norrell Ott Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford G. M. Smith Spires Stavrinakis Thigpen Trantham Weeks Wetmore R. Williams S. Williams Willis Wooten
The following named Representatives voted for Reginald Thomas:
Allison Bailey Bannister Bennett Blackwell Bradley Brawley Bryant Calhoon Caskey Chumley Clary Collins B. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Gagnon Haddon Hardee Henderson-Myers Hewitt Hixon Huggins Jefferson Jordan Ligon Long Lowe Lucas Martin Matthews McCravy McDaniel McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Oremus Pendarvis Pope Ridgeway Rose Sandifer Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Thigpen West Wetmore Whitmire Willis Wooten
Total number of Senators voting 30
Total number of Representatives voting 107
Grand Total 137
Necessary to a choice 69
Of which Doris Adams received 98
Of which Bryan England received 78
Of which Kimberly Suber received 81
Of which Reginald Thomas received 91
Whereupon, the PRESIDENT announced that Doris M. Adams, Kimberly L. Suber, and Reginald J. Thomas were duly elected for the term prescribed by law.
DISTRICTS 1, 3, 5, AND 7
DISTRICT 1
The PRESIDENT announced that nominations were in order for a Commissioner, District 1.
Senator Alexander, on behalf of the Joint Screening Commission, stated that the following had been screened and found qualified: John C. Dulude, William R. Sloger, Jr., and Carolyn "Carolee" Williams
Senator Alexander, on behalf of the Joint Screening Commission, stated that John C. Dulude and William R. Sloger, Jr., had withdrawn from the race and placed the name of Carolyn "Carolee" Williams in nomination.
On the motion of Sen. Alexander, nominations were closed, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Carolyn "Carolee" Williams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Commissioner, District 3.
Senator Alexander, on behalf of the Joint Screening Commission, stated that the following had been screened and found qualified: Stephen "Mike" Caston, Willie J. Morgan, and Comer H. "Randy" Randall Senator Alexander, on behalf of the Joint Screening Commission, stated that Willie J. Morgan and Comer H. "Randy" Randall had withdrawn from the race and placed the name of Stephen "Mike" Caston in nomination.
On the motion of Sen. Alexander, nominations were closed, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Stephen "Mike" Caston w as duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Commissioner, District 5.
Senator Alexander, on behalf of the Joint Screening Commission, stated that Headon B. Thomas had been screened and found qualified.
On the motion of Sen. Alexander, nominations were closed, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Headon B. Thomas was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Commissioner, District 7.
Senator Alexander, on behalf of the Joint Screening Commission, stated that the following had been screened and found qualified: Clint A. Elliott, Thomas "Tee" Miller, Jr., and Delton W. Powers, Jr.
Senator Alexander, on behalf of the Joint Screening Commission, stated that Thomas "Tee" Miller, Jr., and Clint A. Elliott had withdrawn from the race and placed the name of Delton W. Powers, Jr., in nomination.
On the motion of Sen. Alexander, nominations were closed, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Delton W. Powers, Jr., was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber
At 2:10 p.m. the House resumed, the SPEAKER in the Chair.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. POPE moved that the House recede until 3:30 p.m., which was agreed to.
At 3:30 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. GILLIARD a leave of absence for the remainder of the day.
Rep. SIMRILL moved that the House recur to the morning hour, which was agreed to.
The following was introduced: H. 5607 (Word version) -- Reps. Gilliard, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE BRANDON FISH, COMMUNITY OUTREACH COORDINATOR OF THE JEWISH COMMUNITY RELATIONS COUNCIL OF GREATER CHARLESTON, FOR HIS SERVICE IN SOCIAL ACTIVISM IN THE CHARLESTON COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 5608 (Word version) -- Reps. Govan, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND SHILOH BAPTIST CHURCH AND THE CONGREGATION FOR THEIR YEARS OF DEDICATED SERVICE TO THE ORANGEBURG COMMUNITY AND TO CELEBRATE THE JOYOUS OCCASION OF THE CHURCH'S ONE HUNDREDTH ANNIVERSARY.
The following was introduced:
H. 5609 (Word version) -- Reps. Henegan, Allison, Bennett, Bernstein, Brawley, Calhoon, Cobb-Hunter, Crawford, Davis, Dillard, Erickson, Felder, Funderburk, Henderson-Myers, Kimmons, Mace, Matthews, McDaniel, Norrell, Oremus, Parks, Robinson, Thayer and Trantham: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE HONORABLE RUTH BADER GINSBURG AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5610 (Word version) -- Reps. Hosey, Clyburn, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF CLYDE
CLYBURN, SR., OF CAMDEN AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5611 (Word version) -- Reps. Hosey, McKnight, Moore, Matthews, Jefferson, S. Williams, Henegan, R. Williams, Brown, King, McDaniel, Weeks, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hill, Hiott, Hixon, Howard, Huggins, Hyde, Johnson, Jones, Jordan, Kimmons, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCravy, McGinnis, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, West, Wetmore, Wheeler, White, Whitmire, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE ICONIC SOUTHERN SOUL SINGER ROY CHARLES "ROY C" HAMMOND OF ALLENDALE COUNTY AND TO REMEMBER AND CELEBRATE HIS INCREDIBLE CONTRIBUTIONS TO R&B AND SOUL MUSIC.
The following was received from the Senate:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 259 (Word version):
S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 48 SO AS TO ESTABLISH THE SOUTH CAROLINA OFFICE OF RESILIENCE TO DEVELOP, IMPLEMENT, AND MAINTAIN A STATEWIDE RESILIENCE PLAN AND TO COORDINATE STATEWIDE RESILIENCE AND DISASTER RECOVERY EFFORTS, TO PROVIDE THAT A CHIEF RESILIENCE OFFICER SHALL GOVERN THE OFFICE, TO ESTABLISH THE STATEWIDE RESILIENCE PLAN ADVISORY COMMITTEE, TO TRANSFER THE SOUTH CAROLINA DISASTER RECOVERY OFFICE TO THE SOUTH CAROLINA OFFICE OF RESILIENCE, AND TO CREATE THE DISASTER RELIEF AND RESILIENCE RESERVE FUND TO FUND THE STATEWIDE RESILIENCE PLAN, DISASTER RELIEF ASSISTANCE, AND HAZARD MITIGATION AND INFRASTRUCTURE IMPROVEMENTS; TO ESTABLISH THE SOUTH CAROLINA RESILIENCE REVOLVING FUND TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED HOME BUYOUTS AND FLOODPLAIN RESTORATION; AND TO AMEND SECTION 6 29 510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO REQUIRE LOCAL COMPREHENSIVE PLANS TO INCLUDE A RESILIENCE ELEMENT.
Very respectfully,
President
On motion of Rep. G. M. SMITH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. G. M. SMITH, CRAWFORD and STAVRINAKIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4431 (Word version):
H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Forrest, Anderson, Hyde, B. Cox, Elliott, Morgan, B. Newton, Rutherford, Long, Magnuson, Clemmons, Davis, Taylor, Hewitt, Pope, Ligon, Tallon, D. C. Moss, Blackwell, Kirby, Sandifer, Jefferson, R. Williams, Kimmons, Murphy, Chellis and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.
and asks for a Committee of Conference and has appointed Senators Cromer, Sheheen and Corbin to the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. SANDIFER, JORDAN and MACK to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3755 (Word version):
H. 3755 (Word version) -- Reps. Sandifer, Spires and Anderson: A BILL TO AMEND SECTION 38-77-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS APPLICABLE TO AUTOMOBILE INSURANCE COVERAGE, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR THE RENEWAL OF AN AUTOMOBILE COVERAGE POLICY AND TO DEFINE THE TERM "REDUCTION IN COVERAGE"; AND TO AMEND SECTION 38-77-120, RELATING TO NOTICE REQUIREMENTS FOR CANCELLATION OR THE REFUSAL TO RENEW A POLICY, SO AS TO ALLOW FOR AN INSURER TO RENEW A POLICY WITH A REDUCTION IN COVERAGE AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE REDUCTION IN COVERAGE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 426 (Word version):
S. 426 (Word version) -- Senators Goldfinch and Sabb: A JOINT RESOLUTION TO TRANSFER FUNDS APPROPRIATED TO THE DEPARTMENT OF TRANSPORTATION FOR A BOAT RAMP IN GEORGETOWN COUNTY TO THE DEPARTMENT OF NATURAL RESOURCES AND TO CREDIT SUCH FUNDS AS WATER RECREATIONAL RESOURCE FUNDS FOR GEORGETOWN COUNTY.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 753 (Word version):
S. 753 (Word version) -- Senators Gambrell and Cash: A BILL TO AMEND SECTION 38-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO TRANSFER ONE PERCENT OF THE REVENUES TO THE V-SAFE PROGRAM; AND TO TRANSFER CERTAIN FUNDS TO THE V-SAFE PROGRAM.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 217 (Word version):
S. 217 (Word version) -- Senators Kimpson, Campsen, Senn and Scott: A BILL TO AMEND SECTIONS 6-1-530, 6-1-730, AND 6-4-10 OF THE 1976 CODE, ALL RELATING TO THE EXPENDITURE OF THE STATE ACCOMMODATIONS TAX, LOCAL HOSPITALITY TAX, AND LOCAL ACCOMMODATIONS TAX, RESPECTIVELY, TO ALLOW THE REVENUE TO BE EXPENDED FOR THE CONTROL AND REPAIR OF FLOODING AND DRAINAGE AT TOURISM-RELATED LANDS OR AREAS.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby the Body nonconcurred in the House Amendments on S. 993 (Word version). The Senate has concurred in the House amendments and has ordered the bill enrolled for ratification.
S. 993 (Word version) -- Senator Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-555, SO AS TO PROVIDE FOR A PERMIT ALLOWING LICENSED WINERIES, BREWERIES, AND MICRO-DISTILLERIES TO SELL THEIR WINE, BEER, AND ALCOHOLIC LIQUORS AT FESTIVALS AND TO PROVIDE SAMPLES OF THESE PRODUCTS AT FESTIVALS; BY ADDING SECTION 61-4-721, SO AS TO PERMIT LICENSED WINERIES TO OBTAIN WINERY FESTIVAL PERMITS IN ACCORDANCE WITH SECTION 61-4-555; BY ADDING SECTION 61-4-970, SO AS TO PERMIT LICENSED BREWERIES TO OBTAIN BREWERY FESTIVAL PERMITS IN ACCORDANCE WITH SECTION 61-4-555; AND BY ADDING SECTION 61-6-1155, SO AS TO PERMIT LICENSED MICRO-DISTILLERIES TO OBTAIN MICRO-DISTILLERY FESTIVAL PERMITS IN ACCORDANCE WITH SECTION 61-4-555.
Very Respectfully,
President of the Senate
Received as information.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3485 (Word version):
H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12 6 3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12 6 5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3210 (Word version):
H. 3210 (Word version) -- Reps. Loftis, Clyburn, Collins, Burns, Clary, W. Cox, Morgan, Hyde, Stringer, Elliott, B. Cox, Gagnon, Caskey, Bannister, Willis, Sottile, Stavrinakis, Daning, Blackwell, Taylor, Forrester, Fry, West, Finlay, Simrill, V. S. Moss, Bryant, Bales, D. C. Moss, Erickson, Herbkersman, Whitmire and Weeks: A BILL TO AMEND ACT 80 OF 2013, RELATING TO THE HIGH GROWTH SMALL BUSINESS JOB CREATION ACT, SO AS TO REAUTHORIZE THE ACT FOR AN ADDITIONAL SIX YEARS.
Very respectfully,
President
The Senate Amendments to the following Bill were taken up for consideration:
H. 3359 (Word version) -- Reps. Yow and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-151 SO AS TO PROVIDE THAT AN APPLICANT FOR A DRIVER'S LICENSE MAY APPLY TO OBTAIN A VETERAN DESIGNATION ON HIS DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-3350, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS AND DRIVERS' LICENSES THAT CONTAIN A VETERAN DESIGNATION, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT AN APPLICANT FOR A DRIVER'S LICENSE MAY APPLY TO OBTAIN A VETERAN DESIGNATION ON HIS DRIVER'S LICENSE.
The SPEAKER, citing Rule 4.8, ordered the Bill committed to the Committee on Education and Public Works.
The following Bill was taken up:
S. 119 (Word version)1 -- Senator M. B. Matthews: A BILL TO AMEND SECTION 1 OF ACT 476 OF 1998, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, TO REQUIRE A CANDIDATE SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN A SIGNED PETITION.
Rep. W. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: S. 342 (Word version) -- Senators Rankin and Hutto: A BILL TO ENACT THE "RESPONSIBLE ALCOHOL SERVER TRAINING ACT"; TO AMEND TITLE 61 OF THE 1976 CODE, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 3, TO PROVIDE FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF A MANDATORY ALCOHOL SERVER TRAINING AND EDUCATION PROGRAM, TO REQUIRE SERVERS OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN LICENSED OR PERMITTED BUSINESSES TO OBTAIN ALCOHOL SERVER CERTIFICATES, TO PROVIDE GUIDANCE FOR THE CURRICULA OF THE TRAINING PROGRAMS, TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO BE RESPONSIBLE FOR APPROVAL OF THE TRAINING PROGRAMS AND IMPLEMENTATION OF THE ALCOHOL SERVER CERTIFICATES, TO REQUIRE FEES FROM PROVIDERS OF TRAINING PROGRAMS AND FROM APPLICANTS FOR ALCOHOL SERVER CERTIFICATES TO COVER THE COSTS OF THE MANDATORY TRAINING AND ENFORCEMENT, TO REQUIRE COORDINATION AMONG THE DEPARTMENT OF REVENUE, THE STATE LAW ENFORCEMENT DIVISION, AND OTHER STATE AND LOCAL AGENCIES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THESE PROVISIONS, AND TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; TO AMEND SECTION 61-2-60 OF THE 1976 CODE, RELATING TO THE PROMULGATION OF REGULATIONS, TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS GOVERNING THE DEVELOPMENT, IMPLEMENTATION, EDUCATION, AND ENFORCEMENT OF RESPONSIBLE ALCOHOL SERVER TRAINING PROVISIONS; AND TO AMEND SECTION 61-4-50, SECTION 61-4-90(A), SECTION 61-4-580, SECTION 61-6-2220, SECTION 61-6-4070(A), AND SECTION 61-6-4080 OF THE 1976 CODE, ALL RELATING TO THE UNLAWFUL SALE OF ALCOHOL, TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS.
Rep. W. NEWTON moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: S. 163 (Word version) -- Senator Bennett: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 148, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AIR MEDAL" SPECIAL LICENSE PLATES.
Rep. FORREST moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 104 (Word version)8 -- Senators Rice, Rankin, Campbell and Alexander: A BILL TO AMEND SECTION 13-1-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS SERVING ON THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT A RESIDENT COMMISSION MEMBER MAY NOT SERVE FOR MORE THAN TWO CONSECUTIVE TERMS; AND TO AMEND SECTION 13-1-1050, RELATING TO THE TERMS OF THE AERONAUTICS COMMISSION, SO AS TO MAKE CONFORMING CHANGES.
Rep. FORREST moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 106 (Word version)8 -- Senator Campsen: A BILL TO AMEND SECTION 50-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF BIRDS, ANIMALS, AND FISH, SO AS TO CLASSIFY CERTAIN BIRDS AS MIGRATORY WATERFOWL; TO REPEAL SECTION 50-11-20 RELATING TO THE MIGRATORY WATERFOWL COMMITTEE; AND TO REPEAL SECTION 50-9-670 RELATING TO MIGRATORY WATERFOWL PERMITS.
Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up: S. 293 (Word version) -- Senators Cash, Corbin, Rice and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-232 SO AS TO PROVIDE A CONCEALED WEAPON PERMIT HOLDER MAY CARRY A CONCEALABLE WEAPON ON SCHOOL PROPERTY LEASED BY A CHURCH FOR CHURCH SERVICES OR OFFICIAL CHURCH ACTIVITIES IF THE CHURCH OR ITS GOVERNING BODY PROVIDES EXPRESS PERMISSION TO THE PERMIT HOLDER, AND TO PROVIDE THAT THIS SECTION ONLY APPLIES DURING THE TIME THAT THE CHURCH HAS ACCESS TO THE PROPERTY FOR ITS SERVICES OR ACTIVITIES.
Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3596 (Word version) -- Reps. Long, Erickson, Clemmons, Bales, Fry, Loftis, Burns, Hewitt, Bannister, Forrester, Herbkersman, Huggins, Lowe, D.C. Moss, B. Newton, W. Newton, Pope, Robinson, Sandifer, Simrill, G.M. Smith, G.R. Smith, Tallon, Toole, Trantham, Johnson, V.S. Moss, Stringer, Willis, Bailey, Elliott, B. Cox, Magnuson, Clary, Hixon, Martin, Davis, Mace, Kimmons, Bennett, Bradley, Jordan, Finlay, Gagnon, McDaniel, Daning, Allison, Collins, McCoy, Atkinson, Hayes, Kirby, Wooten, Ballentine, Caskey, McCravy, Gilliam, Hill, Chellis, Crawford, Taylor, Young, Weeks, Yow, Whitmire, Hosey, Clyburn, Brown, Govan, Moore and Henderson-Myers: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.
Reps. ELLIOTT and HERBKERSMAN proposed the following Amendment No. 1A to H. 3596 (Word version) (COUNCIL\DG\3596C009. NBD.DG20), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __.A. Section 12-6-3790(B)(4) of the 1976 Code is amended to read:
"(4) In concert with the public charity directors, the department shall administer the public charity including, but not limited to, the keeping of records, the management of accounts, and disbursement of the grants awarded pursuant to this section. The public charity may expend up to two five percent of the fund for administration and related costs. The department and the public charity may not expend public funds to administer the program. Information contained in or produced from a tax return, document, or magnetically or electronically stored data utilized by the Department of Revenue or the public charity in the exercise of its duties as provided in this section must remain confidential and is exempt from disclosure pursuant to the Freedom of Information Act. Personally identifiable information, as described in the Family Educational Rights and Privacy Act and individual health records, or the medical or wellness needs of children applying for or receiving grants must remain confidential and is not subject to disclosure pursuant to the Freedom of Information Act."
B. Section 12-6-3790(D)(1)(a) of the 1976 Code is amended to read:
"(D)(1)(a) Tax credits authorized by subsection (H)(1) and subsection (I) annually may not exceed cumulatively a total of twelve million dollars for contributions to the Educational Credit for Exceptional Needs Children's Fund, unless an increased limit is authorized in the annual general appropriations act. However, the fund may carry forward up to five million dollars into the next year to provide credits in the next year. This carryforward amount does not in any way increase the cumulative tax credit amount set forth in this item for any one year."
C. Section 12-6-3790(D)(2)(b) of the 1976 Code is amended to read:
"(b) A taxpayer may not claim more than sixty seventy-five percent of his total tax liability for the year in contribution toward the tax credit authorized by subsection (H)(1) or subsection (I). This credit is nonrefundable. If the amount of the credit exceeds the taxpayer's income tax liability for that taxable year, the taxpayer may carry forward the excess for up to three years."
D. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2019, including the cumulative totals. /
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Hart Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Taylor Thayer Trantham Weeks West Whitmire R. Williams S. Williams Willis Wooten
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4940 (Word version) -- Reps. Sandifer, Forrester, Ott, West, Toole, Norrell and Funderburk: A JOINT RESOLUTION TO ESTABLISH THE ELECTRICITY MARKET REFORM MEASURES STUDY COMMITTEE, TO PROVIDE FOR THE MEMBERSHIP ON THE STUDY COMMITTEE, TO PROVIDE THAT THE COMMITTEE SHALL STUDY WHETHER THE LEGISLATURE SHOULD ADOPT MARKET REFORM MEASURES AFFECTING THE PROVISION OF ELECTRIC SERVICE IN SOUTH CAROLINA AND STUDY THE PUBLIC BENEFITS ASSOCIATED WITH SUCH MEASURES, TO REQUIRE THE STUDY COMMITTEE TO ISSUE A REPORT WITH FINDINGS AND RECOMMENDATIONS TO APPROPRIATE FUNDS TO ENGAGE A THIRD-PARTY, INDEPENDENT, EXPERT CONSULTANT, OR CONSULTANTS, TO ADVISE THE STUDY COMMITTEE, AND TO PROVIDE FOR THE DISSOLUTION OF THE STUDY COMMITTEE.
Rep. FORRESTER explained the Senate Amendments.
Reps. KING and McDANIEL proposed the following Amendment No. 1A to H. 4940 (Word version) (COUNCIL\AHB\4940C001.BH.AHB20), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1, by adding an appropriately lettered subsection at the end to read:
/ ( ) In making appointments to the advisory board, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT moved to table the amendment.
Rep. HART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atkinson Bailey Bales Ballentine Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chumley Clary Collins B. Cox W. Cox Crawford Daning Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Gilliam Hardee Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Jefferson Johnson Jones Kimmons Kirby Ligon Long Lucas Magnuson Martin McCravy McGinnis Morgan D. C. Moss V. S. Moss Murphy W. Newton Oremus Ott Pope Sandifer Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Trantham West Wetmore Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Bamberg Bannister Bernstein Brawley Brown Clyburn Cobb-Hunter Dillard Finlay Garvin Govan Haddon Hart Henderson-Myers Hosey King Mack Matthews McDaniel McKnight Moore Norrell Parks Pendarvis Ridgeway Rivers Robinson Rose Rutherford Stavrinakis Thigpen Weeks R. Williams S. Williams
So, the amendment was tabled.
Reps. KING and McDANIEL proposed the following Amendment No. 2A to H. 4940 (Word version) (COUNCIL\AHB\4940C002.BH.AHB20), which was tabled:
Amend the joint resolution, as and if amended, SECTION 1.(A), by adding an appropriately numbered item at the end to read:
/ ( ) In making appointments to the study committee, race, gender, national origin, and other demographic factors should be considered to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State. /
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. KING spoke in favor of the amendment.
Rep. MARTIN moved to table the amendment, which was agreed to. The question then recurred to the concurrence in the Senate amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Henderson-Myers Herbkersman Hewitt Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Martin Matthews McDaniel McGinnis Moore D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Robinson Rose Rutherford Sandifer Simrill G. M. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
Brawley Haddon Hill Hiott Jones Magnuson McCravy Morgan Rivers G. R. Smith S. Williams
The Senate Amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered returned o the Senate with amendments: S. 109 (Word version)9 -- Senators Talley, Shealy, Turner, Hutto, Sabb, Climer, McLeod, Gambrell, Johnson, Campsen, Scott, Williams and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-942, SO AS TO PROVIDE THAT A MANUFACTURER, BREWER, OR IMPORTER OF BEER SHALL NOT REQUEST OR REQUIRE THAT A WHOLESALER SUBMIT CERTAIN INFORMATION FOR BEER BRANDS NOT MANUFACTURED, BREWED, OR IMPORTED BY THE MANUFACTURER, BREWER, OR IMPORTER; SHALL NOT MANDATE CERTAIN EMPLOYMENT MATTERS; SHALL NOT REQUEST OR REQUIRE A WHOLESALER TO PAY BEER BRAND MARKETING OR ADVERTISING FUNDS; SHALL NOT SHIP, INVOICE, OR INITIATE PAYMENT FOR ANY QUANTITY OF BEER IN EXCESS OF THAT FORECAST BY A WHOLESALER OR FOR ANY POINT OF SALE ADVERTISING OR OTHER ITEMS IN EXCESS OF THAT SPECIFIED BY THE WHOLESALER; SHALL NOT ATTRIBUTE ANY FINANCIAL INTEREST TO A WHOLESALER FOR BEER NOT IN THE WHOLESALER'S POSSESSION; SHALL NOT REQUEST OR REQUIRE A WHOLESALER TO PAY FOR CERTAIN MATTERS PERTAINING TO SOFTWARE OWNED OR MANDATED BY THE MANUFACTURER, BREWER, OR IMPORTER; AND SHALL NOT REQUIRE PAYMENT OF A PENALTY BY THE WHOLESALER FOR NONCOMPLIANCE WITH ANY REQUIREMENT OF THE MANUFACTURER, BREWER, OR IMPORTER, EXCLUDING CERTAIN FEES OR INTEREST.
Rep. FINLAY moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5612 (Word version) -- Reps. S. Williams, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE DR. JOHN A. PORTER OF BEAUFORT COUNTY ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY, TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION, AND TO THANK HIM FOR HIS MANY YEARS OF SERVICE IN GOSPEL MINISTRY AND IN THE MILITARY OF OUR GREAT COUNTRY.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Goldfinch, Climer and Sabb of the Committee of Free Conference on the part of the Senate on S. 259 (Word version):
S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 48 SO AS TO ESTABLISH THE SOUTH CAROLINA OFFICE OF RESILIENCE TO DEVELOP, IMPLEMENT, AND MAINTAIN A STATEWIDE RESILIENCE PLAN AND TO COORDINATE STATEWIDE RESILIENCE AND DISASTER RECOVERY EFFORTS, TO PROVIDE THAT A CHIEF RESILIENCE OFFICER SHALL GOVERN THE OFFICE, TO ESTABLISH THE STATEWIDE RESILIENCE PLAN ADVISORY COMMITTEE, TO TRANSFER THE SOUTH CAROLINA DISASTER RECOVERY OFFICE TO THE SOUTH CAROLINA OFFICE OF RESILIENCE, AND TO CREATE THE DISASTER RELIEF AND RESILIENCE RESERVE FUND TO FUND THE STATEWIDE RESILIENCE PLAN, DISASTER RELIEF ASSISTANCE, AND HAZARD MITIGATION AND INFRASTRUCTURE IMPROVEMENTS; TO ESTABLISH THE SOUTH CAROLINA RESILIENCE REVOLVING FUND TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED HOME BUYOUTS AND FLOODPLAIN RESTORATION; AND TO AMEND SECTION 6 29 510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO REQUIRE LOCAL COMPREHENSIVE PLANS TO INCLUDE A RESILIENCE ELEMENT.
Very respectfully,
President
Rep. G. M. SMITH moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request:
S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 48 SO AS TO ESTABLISH THE SOUTH CAROLINA OFFICE OF RESILIENCE TO DEVELOP, IMPLEMENT, AND MAINTAIN A STATEWIDE RESILIENCE PLAN AND TO COORDINATE STATEWIDE RESILIENCE AND DISASTER RECOVERY EFFORTS, TO PROVIDE THAT A CHIEF RESILIENCE OFFICER SHALL GOVERN THE OFFICE, TO ESTABLISH THE STATEWIDE RESILIENCE PLAN ADVISORY COMMITTEE, TO TRANSFER THE SOUTH CAROLINA DISASTER RECOVERY OFFICE TO THE SOUTH CAROLINA OFFICE OF RESILIENCE, AND TO CREATE THE DISASTER RELIEF AND RESILIENCE RESERVE FUND TO FUND THE STATEWIDE RESILIENCE PLAN, DISASTER RELIEF ASSISTANCE, AND HAZARD MITIGATION AND INFRASTRUCTURE IMPROVEMENTS; TO ESTABLISH THE SOUTH CAROLINA RESILIENCE REVOLVING FUND TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED HOME BUYOUTS AND FLOODPLAIN RESTORATION; AND TO AMEND SECTION 6 29 510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO REQUIRE LOCAL COMPREHENSIVE PLANS TO INCLUDE A RESILIENCE ELEMENT.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox Crawford Daning Davis Dillard Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Hart Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Kimmons King Kirby Ligon Long Lucas Mack Magnuson Martin McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Weeks West Wetmore Whitmire S. Williams Willis Wooten
Those who voted in the negative are:
Hill
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference. The SPEAKER appointed Reps. G. M. SMITH, CRAWFORD and STAVRINAKIS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
S. 259 (Word version) -- Free Conference Report
The General Assembly, Columbia, S.C., September 23, 2020
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 259 (Word version) -- Senators Goldfinch, Campsen, Kimpson, Senn and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 61 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND ACT"; TO ESTABLISH THE "SOUTH CAROLINA RESILIENCE REVOLVING FUND" TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED-HOME BUYOUTS AND FLOODPLAIN RESTORATION, TO AUTHORIZE THE BANK TO UNDERTAKE CERTAIN ACTIONS IN ORDER TO PROPERLY FUNCTION, TO ESTABLISH CERTAIN CRITERIA FOR LOANS AND ELIGIBLE FUND RECIPIENTS, TO PROVIDE CERTAIN REQUIREMENTS FOR THE MONIES WITHIN THE FUND, TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO UNDERTAKE CERTAIN ACTIONS TO EFFECTIVELY OPERATE THE FUND.
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. A. Title 48 of the 1976 Code is amended by adding:
Section 48-62-10. As used in this article:
(1) 'Fund' means the Disaster Relief and Resilience Reserve Fund.
(2) 'Office' means the South Carolina Office of Resilience.
Section 48-62-20. (A) There is created the South Carolina Office of Resilience. The office shall develop, implement, and maintain the Statewide Resilience Plan and shall coordinate statewide resilience and disaster recovery efforts, including coordination with federal, state, and local government agencies, stakeholders, and nongovernmental entities. (B) Additionally, the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience.
(C) The office shall be governed by a Chief Resilience Officer who shall be appointed by the Governor, with the advice and consent of the Senate. The Chief Resilience Officer shall serve at the pleasure of the Governor.
Section 48-62-30. To coordinate and strengthen efforts to reduce losses from future disasters across the State, the office shall develop, implement, and maintain a strategic Statewide Resilience Plan, which must include, but is not limited to:
(1) development and implementation of a Strategic Statewide Resilience and Risk Reduction Plan, which shall be developed in accordance with the principles recommended in the South Carolina Floodwater Commission Report and shall serve as framework to guide state investment in flood mitigation projects and the adoption of programs and policies to protect the people and property of South Carolina from the damage and destruction of extreme weather events. This plan shall be reviewed and revised at appropriate intervals determined by the Chief Resilience Officer and advisory agencies to assure that it continues to serve the health, safety, and welfare of the citizens of South Carolina over time. An initial version of this plan shall be completed by July 1, 2022, and shall, at minimum, include provisions that:
(a) describe known flood risks for each of the eight major watersheds of the State, as delineated in the Department of Health and Environmental Control's South Carolina Watershed Atlas;
(b) for each major watershed, examine present and potential losses associated with the occurrence of extreme weather events and other natural catastrophes in this State, and land management practices that potentiate extreme weather events, resulting in increased flooding, wildfires, and drought conditions;
(c) for each major watershed, identify data and information gaps that affect the capacity of state agencies or local governments to adequately evaluate and address the factors that increase flood risk, and recommend strategies to overcome such gaps; (d) develop recommendations, at appropriate scale, including subwatershed or local governmental levels, to decrease vulnerabilities and adverse impacts associated with flooding. In developing these recommendations, the office shall, at a minimum, consider the following:
(i) the economic impact of best available projections related to the current and future risk of extreme weather events in this State including, but not limited to, the impact on forestry, agriculture, water, and other natural resources, food systems, zoning, wildlife, hunting, infrastructure, economic productivity and security, education, and public health;
(ii) the long-term costs, including ongoing operation and maintenance costs of specific projects or suites of flood mitigation projects and approaches;
(iii) opportunities to prioritize the role of nature-based solutions and other methods to restore the natural function of the floodplain;
(iv) possible cobenefits that may be achieved beyond flood reduction including, but not limited to, enhanced water supply, improvements in water quality, tourism and recreational opportunities, or protection of wildlife and aquatic resources;
(v) statutory or regulatory remedies for consideration by the General Assembly;
(vi) necessary state policies or responses, including alterations to state building codes and land use management, creation of additional programs or offices and directions for the provision of clear and coordinated services and support to reduce the impact of natural catastrophes and extreme weather events and increase resiliency in this State; and
(vii) potential financial resources available for increasing resiliency throughout the State;
(e) estimates of the number and cost of residential properties within the State for which a floodplain buyout may be appropriate;
(f) a strategy for providing resources, technical assistance, and other support to local governments for flood risk reduction action;
(g) plans for integrating recommended approaches to risk reduction into existing state strategies for hazard mitigation, environmental protection and economic opportunity and development;
(h) opportunities for stakeholder input from citizens around the State;
(2) coordination of statewide disaster recovery efforts and activities and collaboration between federal, state, and local stakeholders; (3) technical planning assistance for state and local governmental entities; and
(4) grants to institutions of higher education and other state and local governmental entities to conduct research related to resilience concerns specific to South Carolina.
Section 48-62-40. (A) To aid in the development of the Statewide Resilience Plan, there is created the Statewide Resilience Plan Advisory Committee. The committee must be composed of:
(1) the Director of the Department of Natural Resources, or his designee;
(2) the Director of the Department of Insurance, or his designee;
(3) a representative of the South Carolina Disaster Recovery Office appointed by the Chief Resilience Officer;
(4) the Commissioner of Agriculture, or his designee;
(5) the Director of the South Carolina Emergency Management Division, or his designee;
(6) the Executive Director of the Sea Grant Consortium, or his designee; and
(7) the Secretary of the Department of Commerce, or his designee.
(B) In addition to the members set forth in subsection (A), the Chief Resilience Office may add members to the advisory board as he deems necessary and proper. All governmental agencies must cooperate with advisory board to fulfill its mission.
Section 48-62-50. There is created in the State Treasury the Disaster Relief and Resilience Reserve Fund, which shall be separate and distinct from the general fund and all other reserve funds. Funds appropriated to the fund only may be used to develop, implement, and maintain the Statewide Resilience Plan, and for disaster relief assistance, hazard mitigation, and infrastructure improvements as set forth in this article. Interest accrued by the fund must remain in the fund and unexpended funds must be retained and carried forward to be used for the same purposes.
Section 48-62-60. (A) Following a federally declared disaster, the Disaster Relief and Resilience Reserve Fund may make available immediate disaster relief assistance to aid resilient rebuilding in affected communities with significant unmet needs. For purposes of this section, disaster relief assistance includes, but is not limited to:
(1) financial assistance to state and local governmental entities to provide the nonfederal share for federal disaster assistance programs; (2) infrastructure repairs for homeowners and communities that are not eligible for Community Development Block Grant - Disaster Recovery and other federal funding assistance;
(3) loans and grants to local governments in disaster areas that need immediate cash flow assistance;
(4) grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code to repair or replace infrastructure or equipment damaged as a result of a natural disaster; and
(5) financial assistance for verifiable losses of agricultural commodities due to a natural disaster.
(B) Activities completed using disaster relief assistance from the fund shall account for future risks and hazard exposure in order to rebuild in a manner that will reduce the exposure of the community to future hazards and reduce future losses, consistent with the implementation of the Statewide Resilience Plan.
(C) In order to qualify for disaster relief assistance, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
Section 48-62-70. (A) To satisfy the purposes of removing residents from hazard areas, safeguarding property, and restoring the natural function of the floodplain, the Disaster Relief and Resilience Reserve Fund may be allocated to enable hazard mitigation and infrastructure improvements through loans and through a competitive grant process administered by the office. For purposes of this section, hazard mitigation and infrastructure improvements include, but are not limited to:
(1) mitigation buyouts, relocations, and buyout assistance for homes, including multifamily units, not covered by Hazard Mitigation Grant Program;
(2) gap funding related to buyouts in order to move residents out of floodplain hazard areas and restore or enhance the natural flood-mitigation capacity of functioning floodplains;
(3) assistance to low- and moderate-income homeowners to help lower flood risk through flood insurance, structural and nonstructural mitigation projects, or other means;
(4) loans and grants to state and local governmental entities for hazard mitigation and infrastructure improvement projects; and
(5) approved mitigation projects identified in local post-disaster recovery plans created and adopted prior to a disaster. (B) Upon its creation, funding priority must be given to projects identified by the Statewide Resilience Plan or local hazard mitigation plans.
(C) In approving financial assistance for hazard mitigation and infrastructure improvement projects, the office shall ensure that selected projects are in compliance with requirements of the National Flood Insurance Program or any more stringent requirements adopted by a local government and shall give priority to projects which offer enhanced protection from future flood events or which utilize or incorporate natural features to achieve protections. Funds may not be used for projects which, rather than lowering risks overall, increase the flood vulnerabilities of neighboring areas.
(D) In order to qualify for hazard mitigation and infrastructure improvement grants and loans, eligible fund recipients must apply to the office and meet all criteria set forth by the office.
Article 3
South Carolina Resilience Revolving Fund
Section 48-62-310. As used in this article:
(1) 'Authority' means the South Carolina Disaster Recovery Office within the South Carolina Office of Resilience.
(2) 'Conservation easement' means an interest in real property as defined in Chapter 8, Title 27, the South Carolina Conservation Easement Act of 1991.
(3) 'Eligible fund recipient' means:
(a) the State of South Carolina and any agency, commission, or instrumentality of the State;
(b) local governments of the State and any agency, commission, or instrumentality of the local government; and
(c) land trusts operating within the State accredited by the Land Trust Accreditation Commission, an independent program of the Land Trust Alliance that provides independent verification that land trusts meet the high standards of land conservation, stewardship, and nonprofit management in the nationally recognized Land Trust Standards and Practices.
(4) 'Floodplain restoration' means any activity undertaken to reestablish the hydrology and ecology of the floodplain to its natural state.
(5) 'Fund' means the South Carolina Resilience Revolving Fund.
(6) 'Loan' means a loan from the authority to an eligible fund recipient for the purpose of financing all or a portion of the cost of a project. (7) 'Loan agreement' means a written agreement between the authority and a project sponsor with respect to a loan.
(8) 'Loan obligation' means a bond, note, or other evidence of obligation issued by a project sponsor to evidence its indebtedness under a loan agreement with respect to a loan.
(9) 'Local government' means any county, city, town, municipal corporation, authority, district, commission, or political subdivision created by the General Assembly or established pursuant to the laws of this State.
(10) 'Multifamily residence' means a building with multiple separate residential housing units.
(11) 'Office' means the South Carolina Office of Resilience.
(12) 'Primary single family residence' means a single detached dwelling that is occupied as the main home by the owners for the majority of the year.
(13) 'Proposed project' means a plan submitted to the authority by an eligible fund recipient for the use of loan funds.
(14) 'Repetitive loss' means a residence that sustained two or more incidents of weather-related flooding causing damages over one thousand dollars each within a period of ten consecutive years.
(15) 'Restrictive covenant' means a recorded covenant that imposes activity and use limitations on real property.
Section 48-62-320. There is created the South Carolina Resilience Revolving Fund. The fund is governed by the authority. The authority is a public instrumentality of this State, and the exercise by it of a power conferred in this article is the performance of an essential public function. The Director and staff of the South Carolina Disaster Recovery Office comprise the authority, under the supervision and review of the Chief Resilience Officer and the Governor.
Section 48-62-330. (A) With regard to the fund, the authority is authorized to:
(1) make and service below-market interest rate loans and grants as financial incentives to eligible fund recipients meeting the criteria of Section 48-62-50 for the purchase of flooded properties and land to complete floodplain restorations, so long as the loans advance the purposes of this article and meet applicable criteria;
(2) enter into loan agreements and accept and enforce loan obligations, so long as the loans advance the purposes of this article and meet applicable criteria;
(3) receive and collect the inflow of payments on loan amounts; (4) apply for and receive additional funding for the fund from federal, state, private, and other sources;
(5) receive charitable contributions and donations to the fund;
(6) receive contributions to the fund in satisfaction of any public or private obligation for flooding mitigation, whether such obligation arises out of law, equity, contract, regulation, administrative proceeding, or judicial proceeding. Such contributions must be used as provided for in this article;
(7) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(8) establish policies and procedures for the making and administration of loans, fiscal controls, and accounting procedures to ensure proper accounting and reporting; and
(9) exercise its discretion in determining what portion of funds must be disbursed and awarded in any particular year and what portion of funds shall remain in the fund from one fiscal year to the next. Sums within the fund must be invested or deposited into interest-bearing instruments or accounts, and the accrued interest must be credited to the fund.
(B) To carry out these functions, the authority shall:
(1) operate a program in order to implement the purposes of this article;
(2) receive final approval from the State Fiscal Accountability Authority for fund disbursements prior to the issuance of a loan;
(3) develop additional guidelines and prescribe procedures, consistent with the criteria and purposes of this article;
(4) submit an annual report to the Governor, Lieutenant Governor, State Treasurer, and General Assembly that:
(a) accounts for fund receipts and disbursements;
(b) briefly describes applications submitted to the fund and, in greater detail, describes grants and loans that were approved or funded during the current year and the public benefits, including increased flood retention resulting from such grants and loans;
(c) describes recipients of fund loans and grant monies; and
(d) sets forth a list and description of all loans and grants approved and all acquisitions of homes and lands obtained since the fund's inception; and (5) have an annual audit of the fund conducted by outside independent certified public accountants and submitted to the Governor, Lieutenant Governor, State Treasurer, and General Assembly. The accounting of fund receipts and expenditures required above must be part of this annual audit.
Section 48-62-340. (A) In the issuing of loans, the authority must:
(1) prioritize the buyout of blocks or groups of homes rather than individual homes so that no more than fifteen percent of funds disbursed in a fiscal year go toward individual home buyouts;
(2) prioritize buyouts of single-family primary residences and multifamily residences;
(3) consider the availability of additional funding sources leveraged by a project;
(4) prevent the use of the fund for homes built after July 1, 2020;
(5) prevent the use of the fund for proposed projects that involve the use of eminent domain; and
(6) prioritize the use of the fund for low- and moderate -income households making less than one hundred twenty-five percent of the median household income in the jurisdiction of the eligible fund recipient.
(B) The authority must issue loans using the following criteria and conditions:
(1) offer a funding package of grants and loans for a particular project that carries an overall effective interest rate equivalent to no higher than forty percent of the market interest rate as defined by the ten-year United States Treasury Yield Curve;
(2) make a portion of each loan available as a grant not requiring payment as a financial incentive to reduce the loan amount, that portion being no greater than twenty-five percent and no less than five percent of the total project disbursement, to incrementally reward those eligible fund recipients that execute beneficial flood mitigation practices. To qualify for a grant, eligible fund recipients must execute one or more of the following beneficial flood mitigation practices:
(a) ensuring residents relocate outside of the floodplain;
(b) aiding residents in relocating outside of the floodplain and within the tax base;
(c) aiding residents in relocating outside of the floodplain within an area designated as an opportunity zone;
(d) conducting floodplain restoration after the property is converted to open space to reestablish the full water storing benefits of the floodplain;
(e) completing a buyout of an area larger than ten acres; and (f) other activities as deemed appropriate by the authority so long as they contribute to flood resilience in the community of the buyout;
(3) require that acquired properties are returned to open space and that all future development on the parcel is prohibited in perpetuity through easement or restrictive covenant; and
(4) prohibit the use of more than five hundred thousand dollars for each housing unit receiving loan funds.
(C) Eligible fund recipients may apply for loans from the fund to complete:
(1) buyouts of repetitive loss properties;
(2) buyouts of repetitive loss properties with land intended for floodplain restoration; and
(3) floodplain restoration in connection with buyouts funded through other mechanisms.
(D) In order to qualify for a loan, eligible fund recipients must apply to the authority and, at a minimum, meet the following criteria:
(1) for buyouts of repetitive loss properties:
(a) identify specific properties included in the proposed project;
(b) demonstrate how the properties qualify as repetitive loss properties;
(c) identify a plan and timeline for returning the property to open space within six months following the completion of the buyout and holding an easement or restrictive covenant on the land in perpetuity;
(d) complete an economic assessment to show the costs and benefits of the project; and
(e) identify any beneficial flood mitigation practices planned for the project;
(2) for buyouts of repetitive loss properties with land intended for floodplain restoration:
(a) identify specific properties included in the proposed project;
(b) demonstrate how the properties qualify as repetitive loss properties;
(c) identify a plan and timeline for returning the property to open space within six months following the completion of the buyout and holding an easement or restrictive covenant on the land in perpetuity;
(d) complete an economic assessment to show the costs and benefits of the project;
(e) submit a plan for conducting floodplain restoration; and
(f) identify any additional beneficial flood mitigation practices planned for the project; (3) for other floodplain restoration:
(a) submit a plan and timeline for conducting floodplain restoration;
(b) identify a plan and timeline for holding an easement or restrictive covenant on the land in perpetuity;
(c) complete an economic assessment to show the costs and benefits of the project; and
(d) identify any additional beneficial flood mitigation practices planned for the project; and
(4) any additional criteria required by external grants contributing to the fund.
(E) Financial criteria also must be met pursuant to the standards set by the authority. The authority may require additional criteria and exercise discretion in issuing loans.
Section 48-62-350. (A) The fund must be held and administered by the authority in accordance with the provisions of this article and policies, rules, regulations, directives, and agreements as may be promulgated or entered into by the authority pursuant to this article. Earnings on balances in the fund must be credited to the fund. Amounts remaining in the fund at the end of the fiscal year accrue only to the credit of the fund. Amounts in the fund must be available in perpetuity for the purpose of providing financial assistance in accordance with the provisions of this article.
(B) The authority is authorized to deposit the following into the fund:
(1) federal capitalization grants, awards, or other federal assistance received by the office for the purposes of the fund;
(2) funds appropriated by the General Assembly for deposit to the fund;
(3) payments received from a recipient in repayment of a loan;
(4) interest or other income earned on the investment of monies in the fund; and
(5) additional monies made available from public or private sources for the purposes of which the fund has been established.
(C) Monies in the fund may only be used to:
(1) make loans to eligible fund recipients in accordance with the provisions of this article;
(2) earn interest on fund accounts; and
(3) provide for the program administration and project management activities of the fund.
(D) The authority may establish accounts and subaccounts within the fund as considered desirable to effectuate the purposes of this article. Section 48-62-360. In addition to appropriations made by the General Assembly, the office shall seek out additional sources of funding to sustain the fund, including federal dollars from the Department of Housing and Urban Development Community Development Block Grant-Disaster Recovery appropriations. Additional appropriations to the fund may be requested from the General Assembly so as to expand the capabilities of the fund.
Section 48-62-370. The office may:
(1) promulgate regulations to effectuate the provisions of this article;
(2) establish an operational structure within its authority to administer the fund;
(3) develop priority systems that ensure consistency with the provisions of this article;
(4) prepare annual plans in accordance with this article;
(5) receive monies from the fund for program administration and project management activities of the fund; and
(6) hire staff and employ agents, advisers, consultants, and other employees, including attorneys, financial advisers, engineers, and other technical advisers, and public accountants and determine their duties and compensation.
Section 48-62-380. The provisions of this article must be liberally construed to the end that its beneficial purposes may be effectuated. No proceeding, notice, or approval is required for loan obligations by a project sponsor or instruments or the security for the loan obligation, except as provided in this article. If the provisions of this article are inconsistent with the provisions of any other law, whether general, special, or local, then the provisions of this article are controlling."
B. (A) As set forth in Section 48-62-20(B), (C) the South Carolina Disaster Recovery Office as established by Executive Order 2016-13 and included within the South Carolina Department of Administration by Executive Order 2018-59 is transferred to, and incorporated into, the South Carolina Office of Resilience.
(B) The South Carolina Disaster Recovery Office, and to the extent necessary, the South Carolina Department of Administration, shall take all necessary actions to accomplish this transfer in accordance with any state and federal laws and regulations.
(C) The employees, authorized appropriations, and assets and liabilities of the South Carolina Disaster Recovery Office also are transferred to and become part of the South Carolina Office of Resilience. (D) On the effective date of this act, all classified or unclassified personnel employed by the South Carolina Disaster Recovery Office, either by contract or by employment at will, and all permanent or temporary grant employees become employees of the South Carolina Office of Resilience, with the same compensation, classification, and grade level, as applicable.
(E) Any rules or regulations which have been promulgated by the South Carolina Disaster Recovery Office and any applicable contracts entered into by the South Carolina Disaster Recovery Office are continued in full force and effect.
SECTION 2. Section 6-29-510(D) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) a resiliency element that considers the impacts of flooding, high water, and natural hazards on individuals, communities, institutions, businesses, economic development, public infrastructure and facilities, and public health, safety and welfare. This element includes an inventory of existing resiliency conditions, promotes resilient planning, design and development, and is coordinated with adjacent and relevant jurisdictions and agencies. For the purposes of this item, 'adjacent and relevant jurisdictions and agencies' means those counties, municipalities, public service districts, school districts, public and private utilities, transportation agencies, and other public entities that are affected by or have planning authority over the public project. For the purposes of this item, 'coordination' means written notification by the local planning commission or its staff to adjacent and relevant jurisdictions and agencies of the proposed projects and the opportunity for adjacent and relevant jurisdictions and agencies to provide comment to the planning commission or its staff concerning the proposed projects. Failure of the planning commission or its staff to identify or notify an adjacent or relevant jurisdiction or agency does not invalidate the local comprehensive plan and does not give rise to a civil cause of action. This element shall be developed in coordination with all preceding elements and integrated into the goals and strategies of each of the other plan elements."
SECTION 3. This act takes effect upon approval by the Governor. /
Amend title to read: / TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 48 SO AS TO ESTABLISH THE SOUTH CAROLINA OFFICE OF RESILIENCE TO DEVELOP, IMPLEMENT, AND MAINTAIN A STATEWIDE RESILIENCE PLAN AND TO COORDINATE STATEWIDE RESILIENCE AND DISASTER RECOVERY EFFORTS, TO PROVIDE THAT A CHIEF RESILIENCE OFFICER SHALL GOVERN THE OFFICE, TO ESTABLISH THE STATEWIDE RESILIENCE PLAN ADVISORY COMMITTEE, TO TRANSFER THE SOUTH CAROLINA DISASTER RECOVERY OFFICE TO THE SOUTH CAROLINA OFFICE OF RESILIENCE, AND TO CREATE THE DISASTER RELIEF AND RESILIENCE RESERVE FUND TO FUND THE STATEWIDE RESILIENCE PLAN, DISASTER RELIEF ASSISTANCE, AND HAZARD MITIGATION AND INFRASTRUCTURE IMPROVEMENTS; TO ESTABLISH THE SOUTH CAROLINA RESILIENCE REVOLVING FUND TO PROVIDE LOW INTEREST LOANS TO PERFORM FLOODED-HOME BUYOUTS AND FLOODPLAIN RESTORATION; AND TO AMEND SECTION 6-29-510, RELATING TO COMPREHENSIVE PLANS OF LOCAL PLANNING COMMISSIONS, SO AS TO REQUIRE LOCAL COMPREHENSIVE PLANS TO INCLUDE A RESILIENCE ELEMENT. /
/s/ Sen. Stephen L. Goldfinch, Jr. /s/ Rep. G Murrell Smith, Jr. /s/Senator Ronnie A. Sabb /s/ Rep. Leon Stavrinakis Sen. David Wesley "Wes" Climer Rep. Heather Ammons Crawford On Part of the Senate. On Part of the House.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Kimmons King Kirby Ligon Lucas Mack Martin Matthews McDaniel McGinnis McKnight Moore D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thigpen Weeks West Wetmore Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Haddon Hill Jones Long Magnuson Morgan Trantham
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
September 23, 2020
Charles Reid, Clerk
South Carolina House of Representatives
Dear Mr. Reid, I am notifying you that I did not participate in the vote on the free conference report for S. 259 (Word version), a bill known as "The SC Resilience Revolving Fund Act." In accordance with Section 8-13-700(B) of the SC Code, I recused myself from voting on the the bill because of a potential conflict of interest due to an economic interest of myself, my family member as defined in Section 8-13-100(15)(a), or an individual or business with which I am associated may be affected. Please note this in the House Journal for September 23, 2020.
Rep. Westley P. Cox
The Senate Amendments to the following Bill were taken up for consideration:
H. 3257 (Word version) -- Reps. Moore, S. Williams, Clyburn, McDaniel, Matthews, Pendarvis, Henderson-Myers, Govan, King, Ridgeway, Hosey, Wheeler, Wooten, Clary, Elliott and W. Cox: A BILL TO AMEND SECTION 59-32-20, AS AMENDED, RELATING TO INSTRUCTIONAL UNITS REQUIRED UNDER THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION TO DEVELOP CERTAIN UNITS CONCERNING MENTAL HEALTH AND WELLNESS; AND TO AMEND SECTION 59-32-30, RELATING TO COURSEWORK REQUIREMENTS OF THE COMPREHENSIVE HEALTH EDUCATION ACT, SO AS TO REQUIRE MIDDLE SCHOOLS OFFER ONE ELECTIVE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS TO SEVENTH GRADE STUDENTS AND TO PROVIDE NINTH GRADE STUDENTS SHALL SUCCESSFULLY COMPLETE ONE UNIT OF STUDY IN MENTAL HEALTH AND WELLNESS.
Rep. MOORE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Hart Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Parks Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks Wetmore Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
REP. STAVRINAKIS made a statement relative to Rep. BROWN'S service in the House.
Rep. BROWN made a statement relative to his service in the House.
H. 3485 (Word version) -- Conference Report
The General Assembly, Columbia, S.C., September 22, 2020
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12-6-3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
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: / TO AMEND SECTION 12-6-3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. Section 12-6-3535(E) of the 1976 Code is amended to read:
"(E) The South Carolina Department of Archives and History shall develop an application and may promulgate regulations, including the establishment of fees, needed to administer the certification process. The Department of Revenue may promulgate regulations, including the establishment of fees, to administer the tax credit."
B. Section 12-6-3535 of the 1976 Code is amended by adding appropriately lettered subsections to read:
"( )(1) A taxpayer claiming a credit pursuant to this section must pay a preliminary fee and a final fee to the Department of Archives and History for the State Historic Preservation Grant Fund based on the estimated qualified rehabilitation expenses or the actual rehabilitation expenses of the project, respectively, as set forth in items (2) and (3).
(2) The preliminary fee must be paid before review of an Historic Preservation Certification Application, Part 2, or a Certified Rehabilitation Application, S2. The fee schedule is as follows:
Projects less than $500,000 0% of estimated expenses
Projects at least $500,000 but less than 2,000,000 .1% of estimated expenses
Projects at least $2,000,000 but less than $4,000,000 .25% of estimated expenses
Projects $4,000,000 or greater .5% of estimated expenses.
(3) The final fee must be paid before review of an Historic Preservation Certification Application, Part 3, or a Certified Rehabilitation Application, S3, less any amount paid as a preliminary fee. The fee schedule is as follows: Projects less than $500,000 0% of actual expenses
Projects at least $500,000 but less than $2,000,000 .25% of actual expenses
Projects at least $2,000,000 but less than $4,000,000 .5% of actual expenses
Projects $4,000,000 or greater 1.0% of actual expenses.
( ) The Department of Archives and History shall develop an application process for distribution of funds from the State Historic Preservation Grant Fund, to include eligibility criteria and grant requirements."
SECTION 2. A. Section 12-6-5060(A) of the 1976 Code is amended to read:
"(A) Each taxpayer required to file a state individual income tax return may contribute to the War Between the States Heritage Trust Fund established pursuant to Section 51-18-115, the Nongame Wildlife and Natural Areas Program Fund established pursuant to Section 50-1-280, the Children's Trust Fund of South Carolina established pursuant to Section 63-11-910, the Eldercare Trust Fund of South Carolina established pursuant to Section 43-21-160, the First Steps to School Readiness Fund established pursuant to Section 63-11-1750, the South Carolina Military Family Relief Fund established pursuant to Article 3, Chapter 11, Title 25, the Donate Life South Carolina established pursuant to Section 44-43-1310, the Veterans' Trust Fund of South Carolina established pursuant to Chapter 21, Title 25, the South Carolina Litter Control Enforcement Program (SCLCEP) and used by the Governor's Task Force on Litter only for the SCLCEP Program, the South Carolina Law Enforcement Assistance Program (SCLEAP) and used as provided in Section 23-3-65, the South Carolina Department of Parks, Recreation and Tourism for use in the South Carolina State Park Service in the manner the General Assembly provides, the South Carolina Forestry Commission for use in the state forest system, the South Carolina Department of Natural Resources for use in its programs and operations, K-12 public education for use in the manner the General Assembly provides by law, South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60, the Financial Literacy Trust Fund established pursuant to Section 59-29-510, or the South Carolina Association of Habitat for Humanity Affiliates, or the Department of Archives and History and only used by the agency to purchase or preserve collections with significant historical value to the State by designating the contribution on the return. The contribution may be made by reducing the income tax refund or by remitting additional payment by the amount designated."
B. Contributions made to the Department of Archives and History as provided in this act may be designated on an income tax return for tax years beginning after 2019.
SECTION 3. Except as otherwise provided, this act takes effect upon approval by the Governor and applies to income tax years beginning after 2019. /
Amend title to conform.
/s/Sen. Ronnie W. Cromer /s/Rep. Wm. Weston J. Newton /s/Sen. Floyd Nicholson /s/Rep. Robert Quintin Williams /s/Sen. Greg Gregory /s/Rep. Joe Jefferson, Jr. On Part of the Senate. On Part of the House.
Rep. JEFFERSON explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Gagnon Garvin Gilliam Govan Haddon Hardee Hart Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Simrill G. M. Smith G. R. Smith Sottile Stavrinakis Stringer Taylor Thayer Trantham Weeks West Wetmore White R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
As H. 3485 (Word version) implements recommendations arising from the House Legislative Oversight Committee's study of the Department of Archives and History, I support its passage.
Rep. Wm. Weston Newton
The following Bill was taken up:
S. 119 (Word version)1 -- Senator M. B. Matthews: A BILL TO AMEND SECTION 1 OF ACT 476 OF 1998, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, TO REQUIRE A CANDIDATE SEEKING ELECTION TO SUBMIT A STATEMENT OF CANDIDACY RATHER THAN A SIGNED PETITION.
The yeas and nays were taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Hart Henderson-Myers Herbkersman Hewitt Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 342 (Word version) -- Senators Rankin and Hutto: A BILL TO ENACT THE "RESPONSIBLE ALCOHOL SERVER TRAINING ACT"; TO AMEND TITLE 61 OF THE 1976 CODE, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 3, TO PROVIDE FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF A MANDATORY ALCOHOL SERVER TRAINING AND EDUCATION PROGRAM, TO REQUIRE SERVERS OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION IN LICENSED OR PERMITTED BUSINESSES TO OBTAIN ALCOHOL SERVER CERTIFICATES, TO PROVIDE GUIDANCE FOR THE CURRICULA OF THE TRAINING PROGRAMS, TO PROVIDE FOR THE DEPARTMENT OF REVENUE TO BE RESPONSIBLE FOR APPROVAL OF THE TRAINING PROGRAMS AND IMPLEMENTATION OF THE ALCOHOL SERVER CERTIFICATES, TO REQUIRE FEES FROM PROVIDERS OF TRAINING PROGRAMS AND FROM APPLICANTS FOR ALCOHOL SERVER CERTIFICATES TO COVER THE COSTS OF THE MANDATORY TRAINING AND ENFORCEMENT, TO REQUIRE COORDINATION AMONG THE DEPARTMENT OF REVENUE, THE STATE LAW ENFORCEMENT DIVISION, AND OTHER STATE AND LOCAL AGENCIES FOR THE IMPLEMENTATION AND ENFORCEMENT OF THESE PROVISIONS, AND TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; TO AMEND SECTION 61-2-60 OF THE 1976 CODE, RELATING TO THE PROMULGATION OF REGULATIONS, TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS GOVERNING THE DEVELOPMENT, IMPLEMENTATION, EDUCATION, AND ENFORCEMENT OF RESPONSIBLE ALCOHOL SERVER TRAINING PROVISIONS; AND TO AMEND SECTION 61-4-50, SECTION 61-4-90(A), SECTION 61-4-580, SECTION 61-6-2220, SECTION 61-6-4070(A), AND SECTION 61-6-4080 OF THE 1976 CODE, ALL RELATING TO THE UNLAWFUL SALE OF ALCOHOL, TO PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS.
Rep. G. M. SMITH moved to adjourn debate on the Bill until Thursday, September 24, which was agreed to.
The following Bill was taken up:
S. 163 (Word version) -- Senator Bennett: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 148, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "AIR MEDAL" SPECIAL LICENSE PLATES.
Rep. HILL proposed the following Amendment No. 1 to S. 163 (Word version) (COUNCIL\AHB\163C001.BH.AHB20), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 56-3-10110 of the 1976 Code is amended to read:
"Section 56-3-10110. (A) The department may issue 'Operation Desert Storm-Desert Shield Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Desert Storm-Desert Shield who served on active duty in the Persian Gulf at anytime during the period of August 2, 1990, to February 28, 1991. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Desert Storm-Desert Shield, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Desert Storm-Desert Shield. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars. This special license plate is exempt from the six thousand eight-hundred-dollar production requirement of Section 56-3-8100.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
B. Section 56-3-10210 of the 1976 Code is amended to read:
"Section 56-3-10210. (A) The department may issue 'Operation Enduring Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Enduring Freedom who served on active duty fighting against terrorism at anytime following September 11, 2001, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty during Operation Enduring Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Enduring Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars. This special license plate is exempt from the six thousand eight-hundred-dollar production requirement of Section 56-3-8100.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
C. Section 56-3-10310 of the 1976 Code is amended to read:
"Section 56-3-10310. (A) The department may issue 'Operation Iraqi Freedom Veteran' special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups as defined in Section 56-3-630 registered in their names who are veterans of Operation Iraqi Freedom who served on active duty in Iraq or the Persian Gulf at anytime from March 20, 2003, until the operation is completed. The motor vehicle owner must present the department with a DD214, or other official documentation that states that he served on active duty in Iraq during Operation Iraqi Freedom, along with his application for this special license plate. The special license plate may have imprinted on it an emblem, a seal, or other symbol that honors veterans of Operation Iraqi Freedom. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars. This special license plate is exempt from the six thousand eight-hundred-dollar production requirement of Section 56-3-8100.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100."
D. This SECTION takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HILL explained the amendment.
The amendment was then adopted.
Rep. BENNETT explained the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The following Bill was taken up:
S. 104 (Word version)8 -- Senators Rice, Rankin, Campbell and Alexander: A BILL TO AMEND SECTION 13-1-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERS SERVING ON THE AERONAUTICS COMMISSION, SO AS TO PROVIDE THAT A RESIDENT COMMISSION MEMBER MAY NOT SERVE FOR MORE THAN TWO CONSECUTIVE TERMS; AND TO AMEND SECTION 13-1-1050, RELATING TO THE TERMS OF THE AERONAUTICS COMMISSION, SO AS TO MAKE CONFORMING CHANGES.
Rep. HIOTT explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 106 (Word version)8 -- Senator Campsen: A BILL TO AMEND SECTION 50-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF BIRDS, ANIMALS, AND FISH, SO AS TO CLASSIFY CERTAIN BIRDS AS MIGRATORY WATERFOWL; TO REPEAL SECTION 50-11-20 RELATING TO THE MIGRATORY WATERFOWL COMMITTEE; AND TO REPEAL SECTION 50-9-670 RELATING TO MIGRATORY WATERFOWL PERMITS.
Rep. HIXON explained the Bill. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Lowe
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 293 (Word version) -- Senators Cash, Corbin, Rice and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-232 SO AS TO PROVIDE A CONCEALED WEAPON PERMIT HOLDER MAY CARRY A CONCEALABLE WEAPON ON SCHOOL PROPERTY LEASED BY A CHURCH FOR CHURCH SERVICES OR OFFICIAL CHURCH ACTIVITIES IF THE CHURCH OR ITS GOVERNING BODY PROVIDES EXPRESS PERMISSION TO THE PERMIT HOLDER, AND TO PROVIDE THAT THIS SECTION ONLY APPLIES DURING THE TIME THAT THE CHURCH HAS ACCESS TO THE PROPERTY FOR ITS SERVICES OR ACTIVITIES.
Rep. B. COX explained the Bill.
Rep. SIMRILL moved to adjourn debate on the Bill, which was agreed to.
Upon the withdrawal of requests for debate by Reps. MATTHEWS, RUTHERFORD and GARVIN, the following Bill was taken up: S. 181 (Word version) -- Senators McElveen, Johnson, McLeod, Climer and Shealy: A BILL TO AMEND SECTION 63-9-80 OF THE 1976 CODE, RELATING TO THE REQUIRED DISCLOSURE OF INFORMATION TO A PROSPECTIVE ADOPTIVE PARENT, TO PROVIDE THAT BIOLOGICAL PARENTS MAY PROVIDE THEIR PERSONAL MEDICAL HISTORY INFORMATION AT THE TIME OF CONSENT OR RELINQUISHMENT FOR THE PURPOSES OF ADOPTION, TO PROVIDE THAT, IF THE INFORMATION IS PROVIDED, THEN IT SHALL BE MADE AVAILABLE TO THE PROSPECTIVE ADOPTIVE PARENT, AND TO PROVIDE THAT THE INFORMATION MUST ALSO BE DEPOSITED WITH THE COURT AND MAY BE MADE AVAILABLE TO THE ADOPTEE WHEN THE ADOPTEE REACHES THE AGE OF MAJORITY OR, PRIOR TO THAT TIME, IF IT IS IN THE BEST INTEREST OF THE CHILD.
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brown Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Haddon Hardee Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis Moore Morgan D. C. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wetmore White Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. POPE moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3596 (Word version):
H. 3596 (Word version) -- Reps. Long, Erickson, Clemmons, Bales, Fry, Loftis, Burns, Hewitt, Bannister, Forrester, Herbkersman, Huggins, Lowe, D. C. Moss, B. Newton, W. Newton, Pope, Robinson, Sandifer, Simrill, G. M. Smith, G. R. Smith, Tallon, Toole, Trantham, Johnson, V. S. Moss, Stringer, Willis, Bailey, Elliott, B. Cox, Magnuson, Clary, Hixon, Martin, Davis, Mace, Kimmons, Bennett, Bradley, Jordan, Finlay, Gagnon, McDaniel, Daning, Allison, Collins, McCoy, Atkinson, Hayes, Kirby, Wooten, Ballentine, Caskey, McCravy, Gilliam, Hill, Chellis, Crawford, Taylor, Young, Weeks, Yow, Whitmire, Hosey, Clyburn, Brown, Govan, Moore and Henderson-Myers: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.
Very respectfully,
President
On motion of Rep. G. R. SMITH, the House receded from its amendments, and a message was ordered sent to the Senate accordingly.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 107 (Word version)1:
S. 107 (Word version)1 -- Senators Alexander, Talley, Grooms, Martin, Young, Peeler, Senn, Cash, Gambrell, Reese, Goldfinch, Fanning and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-197 SO AS TO ESTABLISH THE "FIREFIGHTER CANCER HEALTH CARE BENEFIT PLAN" TO PROVIDE A SUPPLEMENTAL INSURANCE POLICY UPON A FIREFIGHTER BEING DIAGNOSED WITH CANCER AND TO SET FORTH THE BENEFITS CONTAINED IN THE POLICY; AND TO AMEND SECTIONS 38-7-30 AND 38-7-35, RELATING TO THE TAX ON FIRE INSURERS AND THE EXPENDITURE OF THE TAX, SO AS TO FUND THE PLAN.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
The House stood at ease subject to the call of the Chair.
At 6:59 p.m. the House resumed, the SPEAKER in the Chair.
The following was received:
Columbia, S.C., Wednesday, September 23, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3485 (Word version):
H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12 6 3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12 6 5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
Very respectfully,
President
Received as information.
Rep. SANDIFER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request: H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Forrest, Anderson, Hyde, B. Cox, Elliott, Morgan, B. Newton, Rutherford, Long, Magnuson, Clemmons, Davis, Taylor, Hewitt, Pope, Ligon, Tallon, D. C. Moss, Blackwell, Kirby, Sandifer, Jefferson, R. Williams, Kimmons, Murphy, Chellis and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Felder Forrester Fry Funderburk Gagnon Garvin Gilliam Haddon Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Thigpen Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill
The Committee of Conference was thereby resolved into a Committee of Free Conference.
The SPEAKER appointed Reps. SANDIFER, JORDAN and MACK to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
H. 4431 (Word version) -- Free Conference Report
The General Assembly, Columbia, S.C., September 23, 2020
The COMMITTEE OF CONFERENCE, to whom was referred: H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Forrest, Anderson, Hyde, B. Cox, Elliott, Morgan, B. Newton, Rutherford, Long, Magnuson, Clemmons, Davis, Taylor, Hewitt, Pope, Ligon, Tallon, D.C. Moss, Blackwell, Kirby, Sandifer, Jefferson, R. Williams, Kimmons, Murphy, Chellis and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 09/22/20-S.)
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 "South Carolina Business License Tax Standardization Act".
SECTION 2. Article 3, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-400. (A)(1) Unless otherwise specifically provided for by state law, a county or municipality that levies a business license tax must comply with the provisions of this article.
(2) As used in this article:
(a) 'Business license' means a license issued to a taxpayer by a county or municipality for the privilege of doing business in that county or municipality.
(b) 'Taxing jurisdiction' means a county or municipality levying a business license tax.
(c) 'Taxpayer' means an individual, firm, partnership, limited liability partnership, limited liability corporation, corporation, trust, estate, association, or company.
(B)(1) A business license must be issued to a taxpayer for a twelve-month period beginning May first and ending April thirtieth. Each business license issued must expire April thirtieth or, if issued on a construction contract, at the completion of the construction project. The business license must be renewed before May first of the year in which it expires. If the tax is not paid before May first, then a taxing jurisdiction may impose penalties, except that an admitted insurance company may pay before June first without penalty.
(2) The business license tax must be computed based on the gross income for the calendar year preceding the due date, for the business's twelve-month fiscal year preceding the due date, or on a twelve-month projected income based on the monthly average for a business in operation for less than one year. The tax for a new business must be computed on the estimated probable gross income for the balance of the license year. A business license related to construction contract projects may be issued on a per project basis, at the option of the taxpayer. (3) A taxpayer is entitled to a refund if he submits a business license tax payment that is greater than the amount owed. The refund must be requested by the taxpayer before June first. The taxing jurisdiction shall issue the refund to the taxpayer within thirty days of the taxpayer's request for the refund.
(C) Wholesalers are exempt from business license taxes unless they maintain warehouses or distribution establishments within the taxing jurisdiction. A wholesale transaction involves a sale to an individual who will resell the goods and includes delivery of the goods to the reseller. It does not include a sale of goods to a user or consumer. The provisions of this article do not amend or repeal Sections 12-21-1085 or 12-33-20.
(D)(1) For the purposes of this article:
(a) 'Charitable organization' means an organization that is determined by the Internal Revenue Service to be exempt from federal income taxes under 26 U.S.C. Section 501 (c)(3), (4), (6), (7), (8), (10) or (19).
(b) 'Charitable purpose' means a benevolent, philanthropic, patriotic, or eleemosynary purpose that does not result in personal gain to a sponsor, organizer, officer, director, trustee, or person with ultimate control of a charitable organization.
(2) A charitable organization shall be exempt from the business license tax on its gross income unless it is deemed a business subject to a business license tax on all or part of its gross income as provided in this section. A charitable organization, or any for-profit affiliate of a charitable organization, that reports income from for-profit activities, or unrelated business income, for federal income tax purposes to the Internal Revenue Service shall be deemed a business subject to a business license tax on the part of its gross income from such for-profit activities or unrelated business income.
(3)(a) A charitable organization shall be deemed a business subject to a business license tax on its total gross income if:
(i) any net proceeds of operation, after necessary expenses of operation, inure to the benefit of any individual or any entity that is not itself a charitable organization as defined in this section; or
(ii) any net proceeds of operation, after necessary expenses of operation, are used for a purpose other than a charitable purpose as defined in this section.
(b) Excess benefits or compensation in any form beyond fair market value to a sponsor, organizer, officer, director, trustee, or person with ultimate control of a charitable organization shall not be deemed a necessary expense of operation. (E)(1) For the purposes of this article:
(a) 'Gross income' means the gross receipts or gross revenue of a business, received or accrued, for one calendar or fiscal year collected or to be collected from business done within a taxing jurisdiction. For taxing jurisdictions in which the person or business has a domicile, business done within that taxing jurisdiction shall include all gross receipts or revenue received or accrued by such person or business, excepting income earned outside of the taxing jurisdiction on which a license tax is paid by the person or business to some other taxing jurisdiction and fully reported to the taxing jurisdiction. For taxing jurisdictions in which the person or business does not have a domicile, business done within that taxing jurisdiction shall include only gross receipts or revenue received or accrued within such taxing jurisdiction. In all cases, if the taxpayer pays a business license tax to another county or municipality, then the taxpayer's gross income for the purpose of computing the tax within the taxing jurisdiction must be reduced by the amount of gross income taxed in the other county or municipality.
(b) 'Gross income for agents' means gross commissions received or retained. If commissions are divided with other brokers or agents, then only the amount retained by the broker or agent is considered gross income.
(c) 'Gross income for insurance companies' means gross premiums written.
(d) 'Gross income for manufacturers of goods or materials with a location in a taxing jurisdiction' is the lesser of gross income collected from business done at the location, the amount of income allocated and apportioned to that location by the business for purposes of the business's state income tax return, or the amount of expenses attributable to the location as a cost center of the business. Manufacturers include those taxpayers reporting a manufacturing principal business activity code on their federal income tax returns.
(e) Gross income for telecommunications providers is subject to the provisions of Article 20, Chapter 9, Title 58.
(2) Gross income for business license tax purposes may not include taxes collected for a governmental entity, escrow funds, or funds that are the property of a third party. The value of bartered goods or trade in merchandise may be included in gross income. (3) The gross receipts or gross revenues for business license purposes may be verified by inspection of returns and reports filed with the Internal Revenue Service, the South Carolina Department of Revenue, the South Carolina Department of Insurance, or other governmental agencies.
(F) Each taxing jurisdiction shall accept a standard business license application as established and provided by the Director of the Revenue and Fiscal Affairs Office.
(G)(1) By December thirty-first of every odd year, a taxing jurisdiction levying a business license tax shall adopt, by ordinance, the latest Standardized Business License Class Schedule as recommended by the Municipal Association of South Carolina and adopted by the Director of the Revenue and Fiscal Affairs Office. The Municipal Association of South Carolina shall determine and revise the Standardized Business License Class Schedule every even year using the latest available nationwide Internal Revenue Service statistics for the calculation of profitability of businesses and using the latest business classification codes of the latest North American Industry Classification System (NAICS).
(2) A taxing jurisdiction, upon a finding of a rational basis as explained in its ordinance and by a positive majority vote of county or municipal council, may provide for additional reasonable subclassifications, described by an NAICS sector, subsector, or industry, based upon particularized considerations as needed for economic stimulus or the enhanced or disproportionate demands by specific business subclassifications on taxing jurisdiction services or infrastructure.
(H)(1) Any special ordinance, formal agreement, or informal agreement entered into between a taxing jurisdiction and a taxpayer regarding rate classes, an annual flat fee, or the calculation of business license taxes that was adopted by ordinance or agreed to before enactment of this subsection is considered valid upon the approval of the taxpayer. A taxpayer may prove the existence and terms of an agreement through direct or circumstantial evidence, including evidence of prior payment accepted.
(2) This section does not impair or affect any future special business license ordinance passed for economic stimulus, an annual flat fee, or any future formal or informal agreement between a taxing jurisdiction and a taxpayer regarding the calculation of business license taxes. (I)(1) A taxing jurisdiction must establish its 2022 Business License Tax Rate Schedule using the gross income reported by businesses for a twelve-month period in the 2020 business license year so that the aggregate taxing jurisdiction business license tax calculated for 2022 does not exceed the aggregate taxing jurisdiction business license tax collected in 2020 from the same businesses.
(2) If the rate for an NAICS sector, subsector, or industry is unchanged from 2020 to 2022, then the business license tax collections may be excluded from the calculation set forth in item (1).
(J)(1) A taxing jurisdiction shall provide access to taxpayers for the reporting, calculation, and payment of business license taxes through the business license tax portal hosted and managed by the Revenue and Fiscal Affairs Office, subject to the availability and capability of the portal. Any limitations in portal availability or capability do not relieve taxpayers from existing business license or business license tax obligations. Any audit of income or assessment of tax reported through the business license tax portal must be undertaken by the taxing jurisdiction. Data obtained through the business license tax portal may not be used by parties other than the taxing jurisdictions for statewide analytics or any other purpose not specified in this section. Parties other than the taxing jurisdictions are prohibited from auditing a taxpayer using the business license tax portal. A taxing jurisdiction shall receive the entirety of the business license tax paid to it by a taxpayer through the business license tax portal. In addition to allowing a payment through the business license tax portal, a taxing jurisdiction shall allow a taxpayer to file and pay its business license tax in person at a location within the taxing jurisdiction, by telephone, by mail, or through an online payment system in existence on January 1, 2018 or prior, that is owned and operated by the taxing jurisdiction.
(2) The Revenue and Fiscal Affairs Office is authorized to contract with software providers and payment processors for the purposes of implementing the provisions of this section. The Revenue and Fiscal Affairs Office may promulgate regulations to carry out the provisions of this section. The software provider may not retain any portion of the business license tax paid by the taxpayer to a taxing jurisdiction through the business license tax portal.
(3) The Revenue and Fiscal Affairs Office is authorized to expend any funds carried forward from previous fiscal years for the purpose of implementing the provisions of this section. Expenditures may not exceed the actual cost of implementing the provisions of this section. Section 6-1-410. (A) If a taxpayer fails or refuses to pay a business license tax by May first or, for business license taxes collected pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 46 of Title 38, the date on which the business license tax is due, the taxing jurisdiction business license official may serve notice of assessment of the business license tax due on the taxpayer by mail or personal service. Within thirty days after the date of postmark or personal service, a taxpayer may request, in writing with reasons stated, an adjustment of the assessment. An informal conference between the taxing jurisdiction business license official and the taxpayer must be held within fifteen days of the receipt of the request, at which time the taxpayer may present any information or documents in support of the requested adjustment. Within five days after the conference, the taxing jurisdiction business license official shall issue a notice of final assessment and serve the taxpayer by mail or personal service with the notice and provide a form for any further appeal of the assessment by the taxpayer.
(B) Within thirty days after the date of postmark or personal service, the taxpayer may appeal the notice of final assessment by filing the completed appeal form with the taxing jurisdiction business license official, by mail or personal service, and by paying to the taxing jurisdiction in protest at least eighty percent of the business license tax based on the final assessment. The appeal must be heard and determined by the taxing jurisdiction council or its designated appeals officer or appeals board. The taxing jurisdiction council or its designee shall provide the taxpayer with written notice of the hearing and with any rules of evidence or procedure prescribed by the taxing jurisdiction council or its designee. The hearing must be held within thirty days after receipt of the appeal form unless continued to another date by agreement of the parties. A hearing by the taxing jurisdiction council, its designee, or the appeals board must be held at a regular or special meeting of the taxing jurisdiction council or appeals board. At the appeals hearing, the taxpayer and the taxing jurisdiction have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The hearing must be recorded and must be transcribed at the expense of the party so requesting. The taxing jurisdiction council, its designee, or the appeals board shall decide the assessment by majority vote. The taxing jurisdiction council, its designee, the appeals board, or the designated appeals officer shall issue a written decision explaining the basis for the decision with findings of fact and conclusions and shall inform the taxpayer of the right to request a contested case hearing before the Administrative Law Court. The written decision must be filed with the taxing jurisdiction business license official and served on the taxpayer by mail or personal service. The decision is the final decision of the taxing jurisdiction on the assessment. (C) Within thirty days after the date of postmark or personal service of the taxing jurisdiction's written decision on the assessment, a taxpayer may appeal the decision to the Administrative Law Court in accordance with the rules of the Administrative Law Court.
(D) For the purposes of this section, 'business license official' means the officer, employee, or agent designated by the taxing jurisdiction as having primary responsibility for business licensing within the taxing jurisdiction.
Section 6-1-420. (A) Notwithstanding Section 5-7-300, a taxing jurisdiction may contract by ordinance with an individual, firm, or organization to assist the taxing jurisdiction in collecting property or business license taxes. A private third-party entity is prohibited from assessing business license taxes or requiring a business entity to remit confidential business license tax data to that private third party on behalf of a taxing jurisdiction. This section may not prohibit a taxing jurisdiction from contracting with a third-party entity in assisting in the collection of business license taxes. For the purposes of this section, assisting in the collection of business license taxes is limited to a contractual agreement with a taxing jurisdiction for a third party to identify, through publicly available records, businesses that are operating within the contracting taxing jurisdiction without a business license, to provide that identification to a taxing jurisdiction, to communicate with those businesses identified to determine whether any business license taxes are due and owing, and to assist those businesses that owe a business license tax with paying the relevant taxing jurisdiction. The third party may also assist the contracting taxing jurisdiction with providing, by United States official mail or electronic mail, the taxing jurisdiction's business license form, along with a self-addressed envelope containing the taxing jurisdiction address, to identified businesses on behalf of the taxing jurisdiction. If a business requests in writing that the third party cease communication with the business, then the third party is strictly prohibited from any further contact. A third party assisting in the collection of business license taxes as defined in this section is prohibited from retaining personal or proprietary information from the identified business.
(B) It is unlawful for any individual, firm, or organization to contact a business in this State regarding noncompliance with a business license ordinance unless the contact is made pursuant to a contract with a taxing jurisdiction in accordance with this section.
(C) This section may not prohibit a taxing jurisdiction from contracting with a third party for the purpose of providing payment processing services for the acceptance of business license tax payments. (D) A taxing jurisdiction may enter into a contract with a third party to assist the taxing jurisdiction in collecting delinquent business license taxes which includes a contingency fee based on a percentage of taxes collected or otherwise depends on the specific result obtained provided the third party may not be paid on a contingency or success basis until the taxing jurisdiction issues a proposed assessment of business license taxes and the business fails to appeal the proposed assessment in a timely manner or the appeal is adjudicated. This section does not apply to the collection of business license taxes pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 45 of Title 38.
(E) Except as needed for a third party to assess and collect business license taxes collected pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 45 of Title 38, a taxing jurisdiction may not share or disclose any information relating to business license tax applications with any third party other than to acknowledge whether or not a business has paid the taxing jurisdiction's business license tax for a relevant year. Nothing in this section should be construed as prohibiting a person or entity that gathers and disseminates news, as defined in Section 19-11-100, from obtaining the information not protected by Section 6-1-120 found on the business license tax application from the taxing jurisdiction.
(F) A third-party entity contracting with a taxing jurisdiction to assist in identifying and collecting outstanding business license taxes may not engage in any conduct in which the natural consequence is to harass a business, including, but not limited to the following:
(1) contacting a business in any capacity after the business informs the third-party entity in writing to cease communication;
(2) stating that a business is required to provide any information to the third-party entity; or
(3) contacting the business in a manner that the third-party entity knows or should know creates any meaningful business interruption.
(G) The provisions of subsection (A) of this section do not apply to business license taxes collected pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 45 of Title 38.
(H)(1) A person or entity may bring a private right of action:
(a) based on a violation of this section or any regulations prescribed pursuant to this section to enjoin such violation;
(b) to recover for actual monetary loss from such a violation, or to receive five hundred dollars in damages for each violation, whichever is greater; or
(c) for both actions described in subitems (a) and (b). (2) If the court finds that a defendant wilfully or knowingly violated this section or any regulations prescribed pursuant to this section, then the court may, in its discretion, increase the amount of the award to an amount equal to no more than three times the actual monetary loss resulting from such violation."
SECTION 3. Section 6-1-420 of this act takes effect upon approval by the Governor. The remaining sections of this act take effect January 1, 2022. /
Amend title to conform.
Sen. Ronnie W. Cromer /s/Rep. Bill Sandifer /s/Senator Vincent A. Sheheen /s/Rep. David James Mack III /s/Senator "Tom" Corbin /s/Representative "Jay" Jordan, Jr. On Part of the Senate. On Part of the House.
Rep. SANDIFER explained the Free Conference Report.
Rep. JORDAN spoke in favor of the Free Conference Report.
Rep. MACK spoke in favor of the Free Conference Report.
Rep. SANDIFER spoke in favor of the Free Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Govan Haddon Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mack Magnuson Martin Matthews McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy W. Newton Norrell Oremus Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Hill
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of the Chair.
At 7:42 p.m. the House resumed, the SPEAKER in the Chair.
Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5596 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE BONNIE PITTMAN OF GREENVILLE COUNTY ON THE OCCASION OF HER SEVENTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION. H. 5593 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE KATHY DIANE HUGGINS KONDUROS OF RICHLAND COUNTY ON THE OCCASION OF HER SEVENTIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION.
At 7:43 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Clyde Clyburn, Sr., to meet at 10:00 a.m. tomorrow.
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