South Carolina General Assembly
123rd Session, 2019-2020
Journal of the Senate

                                                    NO. 22

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019

_________

WEDNESDAY, FEBRUARY 13, 2019

Wednesday, February 13, 2019
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Psalm 27:14

"Wait for the Lord, be of good courage, and He shall strengthen your heart, wait I say, on the Lord."

Let us pray. Gracious and loving God, Your presence dwells within us, around us and through us. You are the source of our faith, our courage and most importantly our peace. Yet we live in a world of instant everything -- instant food, instant entertainment and instant gratification. We don't like to wait!

In spite of our blessings, we confess that we become impatient with long lines, poor service, delayed flights and slow computers. Slow us down Lord that we may hear more clearly those among us with differing opinions, those at home that need our time and those beyond our land that see life through different eyes. But most of all, slow us down Lord that we might hear Your voice speaking to us in our daily prayer. In Your holy name we pray, Amen.

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

Point of Quorum

At 2:04 P.M., Senator ALEXANDER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Allen                     Bennett
Campbell                  Cash                      Climer
Corbin                    Cromer                    Davis
Fanning                   Goldfinch                 Gregory
Grooms                    Harpootlian               Hutto
Johnson                   Kimpson                   Leatherman
Malloy                    Martin                    Massey
McElveen                  Peeler                    Rice
Sabb                      Senn                      Setzler
Shealy                    Sheheen                   Turner
Verdin

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Local Appointments

Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Susan Anderson, 55 Simms Street, Barnwell, SC 29812-1953

Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Lawson Holland, P. O. Box 929, Barnwell, SC 29812-0929

Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Jimmy Wade Gantt, 260 Meadow Lane, Barnwell, SC 29812-8135

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:
Document No. 4831
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 5-7-12, 16-17-420, 59-5-60 and 59-5-65
SUBJECT: School Resource Officers
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Education
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted February 13, 2019

Document No. 4833
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 56-5-180, 56-5-190, 56-5-195, 56-5-196, 59-5-60, 59-67-10, 59-67-20, 59-67-30, 59-67-40, 59-67-160, 59-67-240, 59-67-410, 59-67-470, 59-67-520, 59-67-535, and 59-67-570
SUBJECT: Operation of Public Pupil Transportation Services
Received by Lieutenant Governor January 8, 2019
Referred to Committee on Education
Legislative Review Expiration May 8, 2019
Withdrawn and Resubmitted February 13, 2019

Doctor of the Day

Senator MARTIN introduced Dr. Jeffrey Cashman of Spartanburg, S.C., Doctor of the Day.

Leave of Absence

At 2:24 P.M., Senator SCOTT requested a leave of absence for Senator NICHOLSON.

Leave of Absence

At 2:25 P.M., Senator FANNING requested a leave of absence for Senator M.B. MATTHEWS.

Leave of Absence

At 4:48 P.M., Senator FANNING requested a leave of absence for Senator HARPOOTLIAN for the balance of the day.

Leave of Absence

At 4:50 P.M., Senator HUTTO requested a leave of absence for Senator SHEHEEN for the balance of the day.

Leave of Absence

At 5:54 P.M., Senator GROOMS requested a leave of absence for Senator CAMPBELL for the balance of the day.

Leave of Absence

At 5:55 P.M., Senator MARTIN requested a leave of absence for Thursday, February 14 from 11:27 A.M. through Tuesday at 2:00 P.M.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 35 (Word version)     Sen. Corbin
S. 112 (Word version)     Sens. Campsen, Shealy and Goldfinch
S. 493 (Word version)     Sens. Talley, Sabb, Sheheen, Kimpson, McElveen, Allen,             Gregory, McLeod, Harpootlian and Hembree
S. 498 (Word version)     Sen. Climer

CO-SPONSORS REMOVED

The following co-sponsors were removed from the respective Bills:
S. 386 (Word version)     Sen. Climer
S. 444 (Word version)     Sen. Fanning

RECALLED

S. 428 (Word version) -- Senators Gambrell and Cash: A BILL TO AMEND SECTION 7-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO DELETE THE GROVE SCHOOL AND ANDERSON 5/A PRECINCTS AND ADD THE SOUTH FANT PRECINCT, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Senator GAMBRELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 441 (Word version) -- Senator Nicholson: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

Senator GAMBRELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 503 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF COLE WILSON OF RICHLAND COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
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The Senate Resolution was adopted.

S. 504 (Word version) -- Senators Hutto and M. B. Matthews: A BILL TO AMEND ACT 372 OF 2008, RELATING TO THE ALLENDALE COUNTY AERONAUTICS AND DEVELOPMENT COMMISSION, SO AS TO ABOLISH THE EXISTING NINE-MEMBER COMMISSION, TO TERMINATE THE TERMS OF ITS MEMBERS, TO RECONSTITUTE THE COMMISSION AS THE ALLENDALE COUNTY AERONAUTICS COMMISSION, AND TO REVISE THE COMPOSITION OF THE COMMISSION'S MEMBERSHIP.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 505 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-497 SO AS TO PROVIDE A PROCESS WHEREBY THE DEPARTMENT OF ADMINISTRATION PROVIDES HEARING OFFICERS FOR ANY CASE INVOLVING THE STATE DEPARTMENT OF EDUCATION AND THE STATE BOARD OF EDUCATION.
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Read the first time and referred to the Committee on Education.

S. 506 (Word version) -- Senator Jackson: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 31 OF THE 1976 CODE, RELATING TO CITY HOUSING AUTHORITIES, TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A COUNTY LEGISLATIVE DELEGATION MAY DECLARE A STATE OF EMERGENCY, TO PROVIDE THAT A STATE OF EMERGENCY RESULTS IN THE SUSPENSION OF HOUSING AUTHORITY COMMISSIONERS, TO PROVIDE FOR A REVIEW OF THE SUSPENSION BY THE MAYOR OF THE MUNICIPALITY IN WHICH THE HOUSING AUTHORITY EXISTS, TO PROVIDE FOR THE PERMANENT REMOVAL FROM OFFICE OF THE COMMISSIONERS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE FOR NEW COMMISSIONERS WHEN NECESSARY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 507 (Word version) -- Senator Gregory: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 20 OF THE 1976 CODE, RELATING TO DIVORCES IN THIS STATE, BY ADDING SECTION 20-3-129, TO PROVIDE A PUBLIC POLICY OF THE STATE OF SOUTH CAROLINA REGARDING THE AWARD OF ALIMONY.
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Read the first time and referred to the Committee on Judiciary.

S. 508 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 20-3-130(B) OF THE 1976 CODE, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, TO PROVIDE FOR TWO NEW FORMS OF ALIMONY AND TO CHANGE THE DEFINITION OF COHABITATION; AND TO AMEND SECTION 20-3-150 OF THE 1976 CODE, RELATING TO SEGREGATION OF ALLOWANCE BETWEEN SPOUSE AND CHILDREN AND THE EFFECT OF REMARRIAGE OF A SPOUSE, TO CHANGE THE DEFINITION OF COHABITATION.
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Read the first time and referred to the Committee on Judiciary.

S. 509 (Word version) -- Senator Grooms: A BILL TO AMEND ARTICLE 4, CHAPTER 15, TITLE 56 OF THE 1976 CODE, RELATING TO NONFRANCHISE AUTOMOBILE DEALER PRE-LICENSING, BY ADDING SECTION 56-15-415, TO PROVIDE THAT AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE MUST COMPLETE PRELICENSING EDUCATION COURSES BEFORE HE MAY BE ISSUED A LICENSE, TO PROVIDE THAT CERTAIN EDUCATIONAL REQUIREMENTS MUST BE SATISFIED BEFORE A LICENSE MAY BE RENEWED, AND TO PROVIDE THAT A PERSON WHO PROVIDES EDUCATION COURSES MUST BE AFFILIATED WITH A NATIONAL OR STATE INDUSTRY TRADE ASSOCIATION; AND TO AMEND SECTIONS 56-15-430, 56-15-440, AND 56-15-450 OF THE 1976 CODE, RELATING TO THE APPLICABILITY OF THE PROVISIONS THAT REGULATE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING TO FRANCHISED AUTOMOBILE DEALERS, NONFRANCHISED AUTOMOBILE DEALERS OWNED AND OPERATED BY A FRANCHISED AUTOMOBILE DEALER, NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS IS MOTOR VEHICLE SALVAGE, AND NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS OBJECTIVE AND SUBSTANTIAL BUSINESS ACTIVITY IS IN THE RENTAL OF MOTOR VEHICLES, TO PROVIDE THAT CERTAIN EDUCATION REQUIREMENTS DO NOT APPLY TO THESE AUTOMOBILE DEALERS.
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Read the first time and referred to the Committee on Transportation.

S. 510 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 20-3-170 OF THE 1976 CODE, RELATING TO THE MODIFICATION, CONFIRMATION, OR TERMINATION OF ALIMONY, TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE EXISTENCE OF CHANGED CIRCUMSTANCES, TO PROVIDE THAT RETIREMENT BY THE SUPPORTING SPOUSE IS SUFFICIENT GROUNDS TO WARRANT A HEARING IF SO MOVED BY A PARTY, TO EVALUATE WHETHER ALIMONY SHOULD BE MODIFIED OR TERMINATED IN AMOUNT OR TERM AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER, AND TO PROVIDE THAT PAYMENT OF ALIMONY FOR A PERIOD THAT EXCEEDS THE DURATION OF MARRIAGE CONSTITUTES SUFFICIENT GROUNDS FOR THE COURT TO MODIFY, TERMINATE, OR ESTABLISH A FIXED DURATION OF TIME FOR ANY FURTHER PAYMENT OBLIGATION, IF SUPPORTED BY THE EVIDENCE PRESENTED.
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Read the first time and referred to the Committee on Judiciary.

S. 511 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 20-3-120 OF THE 1976 CODE, RELATING TO ALIMONY AND SUIT MONEY, TO PROVIDE FOR SEPARATE MAINTENANCE AND SUPPORT; TO AMEND SECTION 20-3-130 OF THE 1976 CODE, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, TO PROVIDE FOR NEW FORMS OF ALIMONY; TO AMEND SECTION 20-3-150 OF THE 1976 CODE, RELATING TO THE SEGREGATION OF ALLOWANCES BETWEEN A SPOUSE AND CHILDREN AND THE EFFECT OF THE REMARRIAGE OF A SPOUSE, TO MAKE CONFORMING CHANGES; TO AMEND SECTION 20-3-160 OF THE 1976 CODE, RELATING TO THE CARE, CUSTODY, AND MAINTENANCE OF CHILDREN, TO MAKE CONFORMING CHANGES; TO AMEND SECTION 20-3-170 OF THE 1976 CODE, RELATING TO THE MODIFICATION, CONFIRMATION, OR TERMINATION OF ALIMONY AND RETIREMENT BY A SUPPORTING SPOUSE, TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE EXISTENCE OF CHANGED CIRCUMSTANCES, TO PROVIDE THAT RETIREMENT BY A SUPPORTING SPOUSE IS SUFFICIENT GROUNDS TO WARRANT A HEARING, AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER ALIMONY OR SEPARATE MAINTENANCE AND SUPPORT SHOULD BE MODIFIED, SUSPENDED, OR TERMINATED IN AMOUNT OR TERM; AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Judiciary.

S. 512 (Word version) -- Senator Malloy: A BILL TO AMEND SECTION 24-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPUTATION OF TIME SERVED BY PRISONERS, SO AS TO PROVIDE THAT A PRISONER MUST BE GIVEN TWO DAYS OF CREDIT FOR EVERY ONE DAY SERVED IN CUSTODY PRIOR TO TRIAL AND SENTENCING.
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Senator MALLOY spoke on the Bill.

Read the first time and referred to the Committee on Corrections and Penology.

S. 513 (Word version) -- Senators Verdin, Shealy, Grooms, Rice, Cash, Corbin, Gambrell, Campbell, Davis, Martin and Turner: A BILL TO AMEND SECTION 16-17-600 OF THE 1976 CODE, RELATING TO THE DESTRUCTION OF HUMAN REMAINS OR REPOSITORIES AND THE DESECRATION OF BURIAL GROUNDS, AMONG OTHER THINGS, TO PROVIDE THAT IT IS UNLAWFUL TO DEFACE, VANDALIZE, INJURE, OR REMOVE A HISTORICAL MONUMENT OR HISTORICAL MARKER ON PUBLIC PROPERTY, TO PROVIDE PENALTIES, TO PROVIDE PROCEDURES FOR CORRECTION TO THE PUBLIC PROPERTY, AND TO PROVIDE FOR THE RECOVERY OF CERTAIN COSTS ASSOCIATED WITH THE CORRECTIONS
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Read the first time and referred to the Committee on Judiciary.

S. 514 (Word version) -- Senators Alexander and Peeler: A BILL TO AMEND ARTICLE 140 OF CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CLEMSON UNIVERSITY 2016 FOOTBALL NATIONAL CHAMPIONS SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE FOR THE ISSUANCE OF "CLEMSON UNIVERSITY 2018 FOOTBALL NATIONAL CHAMPIONS" SPECIAL LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES.
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Read the first time and referred to the Committee on Transportation.

S. 515 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION PLACE APPROPRIATE MARKERS OR SIGNS AT THE INTERSECTION OF BLUFF ROAD AND FRAZIER STREET IN RICHLAND COUNTY CONTAINING THE WORDS "IN MEMORY OF MRS. ROXANA FRAZIER COMMUNITY ORGANIZER (1898-1978)".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 516 (Word version) -- Senator Kimpson: A SENATE RESOLUTION TO CONGRATULATE THE HONORABLE JOSEPH KENDRICK CUNNINGHAM UPON HIS SWEARING IN AS UNITED STATES CONGRESSMAN FOR SOUTH CAROLINA'S FIRST CONGRESSIONAL DISTRICT AND TO WISH HIM THE VERY BEST AS HE UNDERTAKES THIS NEW ROLE SERVING OUR STATE AND NATION.
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The Senate Resolution was adopted.

H. 3310 (Word version) -- Rep. Elliott: A BILL TO AMEND SECTION 56-19-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER AND SURRENDER OF CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SPECIAL PLATES FOR VEHICLES SOLD AS SALVAGE, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO PROVIDE A PROCEDURE FOR AN INSURANCE COMPANY OR ITS AGENT TO OBTAIN A CERTIFICATE OF TITLE FOR A VEHICLE FROM THE DEPARTMENT OF MOTOR VEHICLES WHEN A CLAIMANT FAILS TO DELIVER THE TITLE TO THE INSURANCE COMPANY OR ITS AGENT UNDER CERTAIN CIRCUMSTANCES.

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

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.

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

H. 3388 (Word version) -- Reps. Jordan, Cogswell and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-95 SO AS TO PROVIDE THAT THE MONTH OF APRIL OF EACH YEAR IS DECLARED "MOVE OVER AWARENESS MONTH" IN SOUTH CAROLINA AND REQUIRE THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF PUBLIC SAFETY TO CONDUCT PROGRAMS DURING THIS MONTH THAT EMPHASIZE THE IMPORTANCE OF MOTOR VEHICLE DRIVERS MOVING OVER INTO AN ADJACENT LANE WHENEVER POSSIBLE WHEN APPROACHING OR PASSING THROUGH A HIGHWAY WORK ZONE, AN EMERGENCY SCENE, OR ANY OTHER HIGHWAY TRAFFIC INCIDENT; BY ADDING SECTION 56-5-1539 SO AS TO PROVIDE THAT CERTAIN STATE GOVERNMENTAL ENTITIES MUST ALLOW A DRIVER OF A WRECKER OR TOWING SERVICE VEHICLE TO TAKE TRAFFIC INCIDENT MANAGEMENT TRAINING FREE OF CHARGE; AND TO AMEND SECTION 56-5-1538, REGARDING EMERGENCY SCENE MANAGEMENT, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL PRINT INFORMATION IN ITS DRIVER'S MANUALS RELATING TO THE STATE'S "MOVE OVER LAW".

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

H. 3398 (Word version) -- Reps. Clary, Norrell, Loftis, Hill, Felder, W. Cox and Elliott: A BILL TO AMEND ACT 265 OF 2016, RELATING TO THE ESTABLISHMENT OF THE "TUCKER HIPPS TRANSPARENCY ACT", SO AS TO PERMANENTLY AUTHORIZE THE ACT AND TO REPEAL THE THREE-YEAR SUNSET PROVISION.

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

H. 3488 (Word version) -- Reps. Bernstein, Ballentine, Huggins and Bales: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSTATE HIGHWAY 126 INTERCHANGE LOCATED AT ELMWOOD AVENUE AND HUGER STREET IN THE CITY OF COLUMBIA "THOMAS MOFFATT BURRISS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THIS DESIGNATION.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3798 (Word version) -- Reps. Clary, Hiott, Collins and W. Cox: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

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

H. 3929 (Word version) -- Reps. Anderson, R. Williams and Jefferson: A JOINT RESOLUTION TO PROVIDE THAT DURING THE 2018-2019 SCHOOL YEAR THE STATE BOARD OF EDUCATION MAY WAIVE THE REQUIREMENTS FOR MAKING UP DAYS BEYOND THE THREE DAYS THAT MAY BE FORGIVEN BY LOCAL SCHOOL DISTRICTS FOR ANY DAYS MISSED DURING THE 2018-2019 SCHOOL YEAR BECAUSE OF SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS REQUIRING SCHOOLS TO CLOSE, TO PROVIDE THESE WAIVERS ONLY MAY BE CONSIDERED AND GRANTED UPON REQUEST OF THE LOCAL SCHOOL BOARD OF TRUSTEES THROUGH A MAJORITY VOTE OF THAT LOCAL BOARD, AND TO PROVIDE THE PROVISIONS OF THIS JOINT RESOLUTION APPLY NOTWITHSTANDING THE PROVISIONS OF SECTION 59-1-425 OR ANOTHER PROVISION OF LAW.

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

H. 3963 (Word version) -- Rep. Davis: A CONCURRENT RESOLUTION TO COMMEND AND RECOGNIZE TEAM B.O.L.T. (BERKELEY'S OUTSTANDING LEGO TEAM), WHICH WON THE SOUTH CAROLINA FIRST(r) LEGO(r) LEAGUE EAST STATE CHAMPIONSHIP FOR THE 2018-2019 FIRST(r) ROBOTICS SEASON AND ADVANCED TO THE FIRST(r) CHAMPIONSHIP IN HOUSTON, TEXAS.

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

REPORTS OF STANDING COMMITTEES

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

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.

Ordered for consideration tomorrow.

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

S. 191 (Word version) -- Senator Shealy: A BILL TO AMEND SECTION 63-7-2320 OF THE 1976 CODE, RELATING TO THE KINSHIP FOSTER CARE PROGRAM, TO PROVIDE THAT FICTIVE KIN ARE ELIGIBLE TO BE FOSTER PARENTS UNDER THE KINSHIP FOSTER CARE PROGRAM; TO PROVIDE THAT RELATIVES AND FICTIVE KIN MAY FOSTER A CHILD BEFORE BEING LICENSED AS A KINSHIP FOSTER CARE PROVIDER UNDER CERTAIN CIRCUMSTANCES; AND TO DEFINE NECESSARY TERMS.

Ordered for consideration tomorrow.

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

S. 211 (Word version) -- Senator Young: A BILL TO AMEND SECTION 63-7-940 OF THE 1976 CODE, RELATING TO AUTHORIZED USES OF UNFOUNDED CHILD ABUSE AND NEGLECT REPORTS, TO AUTHORIZE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; TO AMEND SECTION 63-7-1990, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS, TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; AND TO AMEND SECTION 63-7-20, RELATING TO CHILD PROTECTION DEFINITIONS, TO PROVIDE A DEFINITION FOR "NEAR FATALITY."

Ordered for consideration tomorrow.

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

H. 3697 (Word version) -- Reps. Taylor, Allison, Gilliard, Simmons, Bales, Moore and Govan: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF REGULATION 62-6-(D), SOUTH CAROLINA CODE OF REGULATIONS, RELATING TO THE REQUIREMENT THAT AT LEAST TWENTY-FIVE PERCENT OF CURRICULUM REQUIREMENTS FOR CERTAIN ACADEMIC PROGRAMS MUST BE EARNED THROUGH INSTRUCTION BY THE INSTITUTION AWARDING THE DEGREE, THE COMMISSION ON HIGHER EDUCATION MAY GRANT ALTERNATE PROGRAM COMPLETION OPTIONS TO STUDENTS IMPACTED BY THE CLOSURE OF SIX EDUCATION CORPORATION OF AMERICA, INC., HIGHER EDUCATION PROVIDERS IN SOUTH CAROLINA IN 2018.

Ordered for consideration tomorrow.

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

READ THE THIRD TIME
SENT TO THE HOUSE

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

S. 309 (Word version) -- Senators Setzler, Campbell and Williams: A BILL TO AMEND SECTION 12-6-3585, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INDUSTRY PARTNERSHIP FUND TAX CREDIT, SO AS TO INCREASE THE AGGREGATE ANNUAL CREDIT AMOUNT.

The Senate proceeded to a consideration of the Bill.

The question being the third reading of the Bill.

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

Ayes 30; Nays 10

AYES

Alexander                 Allen                     Campbell
Climer                    Cromer                    Fanning
Gambrell                  Goldfinch                 Gregory
Harpootlian               Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Malloy                    Martin
Matthews, John            McLeod                    Peeler
Reese                     Sabb                      Setzler
Shealy                    Sheheen                   Talley
Turner                    Verdin                    Williams

Total--30

NAYS

Bennett                   Campsen                   Cash
Corbin                    Davis                     Grooms
Massey                    Rice                      Senn
Young

Total--10

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

READ THE THIRD TIME
SENT TO THE HOUSE

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 279 (Word version) -- Senator Talley: A BILL TO AMEND SECTION 63-19-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE'S BOARD OF JUVENILE PAROLE, SO AS TO CHANGE QUORUM REQUIREMENTS TO CONFORM TO BOARD MEMBERSHIP CHANGES.

S. 314 (Word version) -- Senator Alexander: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE 1976 CODE, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3800, TO ALLOW AN INCOME TAX CREDIT FOR EACH CLINICAL ROTATION SERVED BY A PHYSICIAN, ADVANCED PRACTICE NURSE, OR PHYSICIAN ASSISTANT AS A PRECEPTOR FOR CERTAIN PROGRAMS.

READ THE SECOND TIME

S. 310 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-21-2870 OF THE 1976 CODE, RELATING TO UNSTAMPED OR UNTAXED CIGARETTES, TO PROVIDE THAT CIGARETTES FOUND AT ANY POINT THAT DO NOT HAVE STAMPS AFFIXED TO THEIR PACKAGE ARE CONSIDERED CONTRABAND IN CERTAIN CIRCUMSTANCES.

The Senate proceeded to the consideration of the Bill.

Senator CROMER explained the Bill.

The question then being the second reading of the Bill.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Fanning                   Gambrell
Goldfinch                 Gregory                   Grooms
Harpootlian               Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, John            McElveen
McLeod                    Peeler                    Reese
Rice                      Sabb                      Senn
Setzler                   Shealy                    Sheheen
Talley                    Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

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

CARRIED OVER

S. 323 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-265 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO SUBMIT CERTAIN INFORMATION TO A FINANCIAL INSTITUTION REGARDING A DEBTOR THAT HAS BEEN NAMED ON A WARRANT FOR DISTRAINT, AND TO REQUIRE THE FINANCIAL INSTITUTION PROVIDE CERTAIN INFORMATION TO THE DEPARTMENT.

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

AMENDED, READ THE SECOND TIME

S. 398 (Word version) -- Senators Alexander and Scott: A JOINT RESOLUTION TO PROVIDE A GRACE PERIOD ON THE ENFORCEMENT OF SECTION 12-21-735 OF THE 1976 CODE, RELATING TO THE STAMP TAX ON CIGARETTES, AGAINST UNSTAMPED PACKAGES OF CIGARETTES FOR WHICH APPLICABLE TAXES HAVE BEEN PAID.

The Senate proceeded to the consideration of the Resolution.

Senator MALLOY proposed the following amendment (398R002.SP.GM), which was adopted:

Amend the joint resolution, as and if amended, page 1, by striking line 26 and inserting:

/     fines associated with such seizure, provided, however, that such person files a report with the Department of Revenue by March 31, 2019, on a form established by the Department of Revenue, stating the quantity of such unstamped packages of cigarettes that were in the person's possession as of January 1, 2019.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

The question then being the second reading of the Resolution.

Senator CROMER explained the Resolution.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cash
Climer                    Corbin                    Cromer
Davis                     Fanning                   Gambrell
Goldfinch                 Gregory                   Grooms
Harpootlian               Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Malloy                    Martin
Massey                    Matthews, John            McElveen
McLeod                    Peeler                    Reese
Rice                      Sabb                      Senn
Setzler                   Shealy                    Sheheen
Talley                    Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

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

COMMITTEE AMENDMENT ADOPTED
CARRIED OVER

S. 397 (Word version) -- Senators Harpootlian and Senn: A BILL TO AMEND SECTION 61-6-4510 OF THE 1976 CODE, RELATING TO MUNICIPAL POLICE OFFICERS, TO PROVIDE THAT A COUNTY SHERIFF HAS THE SAME POWER AS A MUNICIPAL POLICE OFFICER TO ENFORCE THE PROVISIONS OF ARTICLE 13, CHAPTER 6, TITLE 61.

The Senate proceeded to the consideration of the Bill.

The Committee on Judiciary proposed the following amendment (JUD0397.003), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/     SECTION   1.   Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-280.   (A)   Municipal police officers have the power of constables to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

(B)   A county sheriff has the power of a constable to enforce the provisions of Sections 61-4-50 through 61-4-160 and Section 61-4-230 in cases arising within the county limits, including within municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, police officers may follow and arrest the suspect anywhere in the State."

SECTION   2.   Section 61-6-4510 of the 1976 Code is amended to read:

"Section 61-6-4510.   (A)   Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

(B)   A county sheriff has the power of a constable to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the county limits, including within municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce county ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the county limits, police officers may follow and arrest the suspect anywhere in the State."

SECTION   3.   This act takes effect upon approval by the Governor.   /

Renumber sections to conform.

Amend title to conform.

Senator HARPOOTLIAN explained the committee amendment.

The committee amendment was adopted.

The question then being the second reading of the Bill.

Senator HARPOOTLIAN explained the Bill.

Senator MALLOY spoke on the Bill.

Senator SENN spoke on the Bill.

On motion of Senator MALLOY, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION UNDER RULE 32B ADOPTED

Senator MASSEY, Chairman of the Committee on Rules, moved under the provisions of Rule 32B to call S. 35 from the Contested Calendar.

The motion under Rule 32B was adopted.

MOTION ADOPTED

At 2:57 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.

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

COMMITTEE AMENDMENT AMENDED AND ADOPTED,
AMENDED, READ THE SECOND TIME

S. 35 (Word version) -- Senators Grooms, Campsen, Verdin and Corbin: A BILL TO ENACT THE "REINFORCING COLLEGE EDUCATION ON AMERICA'S CONSTITUTIONAL HERITAGE ACT" OR THE "REACH ACT", TO AMEND SECTION 59-29-120(A), RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION REQUISITE FOR GRADUATION, TO PROVIDE THAT EACH PUBLIC HIGH SCHOOL MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH STUDENT FOR AT LEAST ONE YEAR; TO AMEND SECTION 59-29-130, RELATING TO THE DURATION OF INSTRUCTION IN THE ESSENTIALS OF THE UNITED STATES CONSTITUTION, TO PROVIDE THAT EACH INSTITUTION OF HIGHER LEARNING MUST PROVIDE INSTRUCTION CONCERNING THE UNITED STATES CONSTITUTION, THE FEDERALIST PAPERS, AND THE DECLARATION OF INDEPENDENCE TO EACH UNDERGRADUATE STUDENT FOR THREE SEMESTER CREDIT HOURS; AND TO REPEAL SECTION 59-29-140, RELATING TO THE ENFORCEMENT OF THE PROGRAM OF STUDY OF THE UNITED STATES CONSTITUTION BY THE STATE SUPERINTENDENT OF EDUCATION.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator GROOMS explained the Bill.

Amendment No. P1

Senator HUTTO proposed the following amendment (DG\ 35C004.NBD.DG19),which was carried over and subsequently withdrawn:

Amend the committee amendment, as and if amended, by striking SECTION 7 and inserting:

/   SECTION   7.   A.   The Commission on Higher Education shall submit the provisions of Section 59-29-130, as amended by this act, to the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) and request an advisory opinion as to whether such provisions can be incorporated into degree requirements without infringing on the accredidation process, as required by Section 59-29-130(C)(2).

B.   This SECTION takes effect upon approval by the Governor.

SECTION   8. This act takes effect one year after approval by the Governor and receipt of an affirmative advisory opinion pursuant to SECTION 7 of this act.       /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO spoke on the perfecting amendment.

On motion of Senator HUTTO, the perfecting amendment was carried over and subsequently withdrawn.

Amendment No. P2

Senator SCOTT proposed the following amendment (AHB\ 35C001.BH.AHB19), which was tabled:

Amend the Committee Report, as and if amended, by deleting SECTION 7 and inserting:

/   SECTION   7.   This act takes effect when the General Assembly has fully funded the requirements set forth in this act at each institution.     /

Renumber sections to conform.

Amend title to conform.

Senator SCOTT spoke on the perfecting amendment.

Senator GROOMS moved to lay the amendment on the table.

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

Ayes 25; Nays 13
AYES

Alexander                 Bennett                   Campbell
Campsen                   Cash                      Climer
Corbin                    Cromer                    Davis
Gambrell                  Goldfinch                 Gregory
Grooms                    Hembree                   Leatherman
Martin                    Massey                    Peeler
Rice                      Senn                      Shealy
Talley                    Turner                    Verdin
Young

Total--25

NAYS

Allen                     Fanning                   Hutto
Johnson                   Kimpson                   Malloy
McElveen                  McLeod                    Reese
Sabb                      Scott                     Setzler
Williams

Total--13

The amendment was laid on the table.

Amendment No. P3

Senator JOHNSON proposed the following amendment (35R004.SP.KLJ),which was carried over:

Amend the committee report, as and if amended, page [35-1], by striking line 34 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-1], by striking line 40 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-2], by striking line 9 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-2], by striking line 29 and inserting:

/     Proclamation, African-American studies, and the Federalist Papers.     /

Renumber sections to conform.

Amend title to conform.

Senator JOHNSON spoke on the perfecting amendment.

On motion of Senator GROOMS, the perfecting amendment was carried over.

Amendment No. P4

Senator SCOTT proposed the following amendment (35R005.SP.JS), which was tabled:

Amend the committee report, as and if amended, page [35-1], by striking line 42 and inserting:

/     examining power of his loyalty thereto.

(2)   This section does not apply to students attending a public high school on a student visa issued by the United States government."     /

Amend the committee report further, as and if amended, page [35-3], by striking line 11 and inserting:

/     Higher Education.

(E)   This section does not apply to students attending an institution of higher learning on a student visa issued by the United States government."     /

Renumber sections to conform.

Amend title to conform.

Senator SCOTT spoke on the perfecting amendment.

Senator GROOMS moved to lay the amendment on the table.

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

Ayes 25; Nays 12

AYES

Alexander                 Bennett                   Campbell
Campsen                   Cash                      Climer
Corbin                    Cromer                    Davis
Gambrell                  Goldfinch                 Gregory
Grooms                    Hembree                   Malloy
Martin                    Massey                    Peeler
Rice                      Senn                      Shealy
Talley                    Turner                    Verdin
Young

Total--25
NAYS

Allen                     Fanning                   Hutto
Johnson                   Kimpson                   McElveen
McLeod                    Reese                     Sabb
Scott                     Setzler                   Williams

Total--12

The amendment was laid on the table.

Amendment No. P5

Senators HUTTO and CAMPSEN proposed the following amendment (35R006.SP.GEC), which was adopted:

Amend the committee report, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   __.   A.   The Commission on Higher Education shall submit the provisions of Section 59-29-130, as amended by this act, to the Southern Association of Colleges and Schools Commission on Colleges and request an advisory opinion as to whether such provisions can be incorporated into degree requirements without infringing on the accreditation process, as required by Section 59-29-130(C)(2).

B.   This SECTION takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY spoke on the perfecting amendment.

The perfecting amendment was adopted.

Amendment No. P3

Senator JOHNSON proposed the following amendment (35R004.SP.KLJ),which was withdrawn:

Amend the committee report, as and if amended, page [35-1], by striking line 34 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-1], by striking line 40 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-2], by striking line 9 and inserting:

/     Independence, the Emancipation Proclamation, African-American studies, and the Federalist     /

Amend the committee report further, as and if amended, page [35-2], by striking line 29 and inserting:

/     Proclamation, African-American studies, and the Federalist Papers.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO spoke on the perfecting amendment.

On motion of Senator JOHNSON, with unanimous consent, the amendment was withdrawn.

The Committee on Education proposed the following amendment (35R001.KMM.), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION   1.   This act is known and may be cited as the "Reinforcing College Education on America's Constitutional Heritage Act" or the "REACH Act".

SECTION   2.   Section 59-29-120(A) of the 1976 Code is amended to read:

"Section 59-29-120.   (A)(1)   All public high schools, colleges, and universities in this State that are sustained or in any manner supported by public funds shall must give instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, including the study of and devotion to American institutions and ideals, and no. No student in any such school, college, or university may receive a certificate of graduation without previously passing a satisfactory examination upon the provisions and principles of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, and, if a citizen of the United States, satisfying the examining power of his loyalty thereto."

SECTION   3.   Section 59-29-130 of the 1976 Code is amended to read:

"Section 59-29-130.   (A)   The instruction provided for in Section 59-29-120 shall be given for at least one year of the high school, college and university grades, respectively. All public institutions of higher learning, as defined in Section 59-103-5, and private institutions of higher learning must provide instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, including the study of American institutions and ideals. No public or private institution of higher learning may grant a certificate of graduation for any baccalaureate degree program to any student unless he successfully completes the requirements described in subsection (B).

(B)(1)   Each public and private institution of higher learning must require each undergraduate student, except a student eligible for the exemption provided in subsection (B)(2), to complete no fewer than three semester credit hours, or their equivalent, in the subject of American government. Each undergraduate student must be required to:

(a)   read the United States Constitution in its entirety;

(b)   read the Declaration of Independence in its entirety;

(c)   read the Emancipation Proclamation in its entirety;

(d)   read a minimum of five essays in their entirety from the Federalist Papers as selected by an instructor; and

(e)   pass a comprehensive examination, testing for student proficiency in the provisions and principles of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers.

(2)   A public or private institution of higher learning may exempt a student who has completed three semester credit hours, or their equivalent, in an Advanced Placement or dual-credit course with a passing grade in the subject of American government, provided that the completed three semester credit hours, or their equivalent, in an Advanced Placement or dual-credit course satisfy the requirements of subsection (B)(1).

(C)   Public or private institutions of higher learning must ensure that the requirements of this section are incorporated into the degree requirements of all undergraduate degree programs in a manner that:

(1)   does not add to the total number of credit hours for any degree; and

(2)   does not conflict with any school accreditation process.

(D)   The board of trustees of a public or private institution of higher learning must ensure the public or private institution of higher learning's compliance with all provisions of this section. The board must annually collect the information necessary to ensure that the public or private institution of higher learning is in compliance with this section. Such information must be reported annually to the chairman of the House Ways and Means Committee, the chairman of the House Education and Public Works Committee, the chairman of the Senate Finance Committee, the chairman of the Senate Education Committee, and the chairman of the Commission on Higher Education."

SECTION   4.   Section 59-29-140 of the 1976 Code, relating to the enforcement of the program of study of the United States Constitution by the State Superintendent, is repealed.

SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then 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   6.   Section 59-29-130 applies to the first incoming undergraduate freshman class entering a public institution of higher learning after the effective date of this act and each subsequent undergraduate class thereafter. Nothing contained in Section 59-29-130 may be construed to prevent an undergraduate student enrolled in a public institution of higher learning on the effective date of this act from receiving a certificate of graduation.

SECTION   7.   This act takes effect one year after approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

The question then was the adoption of the committee amendment as amended.

The committee amendment was adopted.

Amendment No. 1

Senator GROOMS proposed the following amendment (35R002.SP.LKG), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/     SECTION   1.   This act is known and may be cited as the "Reinforcing College Education on America's Constitutional Heritage Act" or the "REACH Act".

SECTION   2.   Section 59-29-120(A) of the 1976 Code is amended to read:

"Section 59-29-120.   (A)(1)   All public high schools, colleges, and universities in this State that are sustained or in any manner supported by public funds shall must give instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, including the study of and devotion to American institutions and ideals, and no. No student in any such school, college, or university may receive a certificate of graduation without previously passing a satisfactory examination upon the provisions and principles of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, and, if a citizen of the United States, satisfying the examining power of his loyalty thereto."

SECTION   3.   Section 59-29-130 of the 1976 Code is amended to read:

"Section 59-29-130.   (A)   The instruction provided for in Section 59-29-120 shall be given for at least one year of the high school, college and university grades, respectively. All public institutions of higher learning, as defined in Section 59-103-5, must provide instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers, including the study of American institutions and ideals. No public institution of higher learning may grant a certificate of graduation for any baccalaureate degree program to any student unless he successfully completes the requirements described in subsection (B).

(B)(1)   Each public institution of higher learning must require each undergraduate student, except a student eligible for the exemption provided in subsection (B)(2), to complete no fewer than three semester credit hours, or their equivalent, in the subject of American government. Each undergraduate student must be required to:

(a)   read the United States Constitution in its entirety;

(b)   read the Declaration of Independence in its entirety;

(c)   read the Emancipation Proclamation in its entirety;

(d)   read a minimum of five essays in their entirety from the Federalist Papers as selected by an instructor; and

(e)   pass a comprehensive examination, testing for student proficiency in the provisions and principles of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers.

(2)   A public institution of higher learning may exempt a student who has completed three semester credit hours, or their equivalent, in an Advanced Placement or dual-credit course with a passing grade in the subject of American government, provided that the completed three semester credit hours, or their equivalent, in an Advanced Placement or dual-credit course satisfy the requirements of subsection (B)(1).

(C)   Public institutions of higher learning must ensure that the requirements of this section are incorporated into the degree requirements of all undergraduate degree programs in a manner that:

(1)   does not add to the total number of credit hours for any degree; and

(2)   does not conflict with any school accreditation process.

(D)   The board of trustees of a public institution of higher learning must ensure the public institution of higher learning's compliance with all provisions of this section. The board must annually collect the information necessary to ensure that the public institution of higher learning is in compliance with this section. Such information must be reported annually to the Chairman of the House Ways and Means Committee, the Chairman of the House Education and Public Works Committee, the Chairman of the Senate Finance Committee, the Chairman of the Senate Education Committee, and the Chairman of the Commission on Higher Education."

SECTION   4.   Section 59-29-140 of the 1976 Code, relating to the enforcement of the program of study of the United States Constitution by the State Superintendent, is repealed.

SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then 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   6.   Section 59-29-130 applies to the first incoming undergraduate freshman class entering a public institution of higher learning after the effective date of this act and each subsequent undergraduate class thereafter. Nothing contained in Section 59-29-130 may be construed to prevent an undergraduate student enrolled in a public institution of higher learning on the effective date of this act from receiving a certificate of graduation.

SECTION   7.   This act takes effect one year after approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS spoke on the amendment.

The amendment was adopted.

Amendment No. 2

Senators HUTTO and CAMPSEN proposed the following amendment (35R007.SP.GEC), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   __.   A.   The Commission on Higher Education shall submit the provisions of Section 59-29-130, as amended by this act, to the Southern Association of Colleges and Schools Commission on Colleges and request an advisory opinion as to whether such provisions can be incorporated into degree requirements without infringing on the accreditation process, as required by Section 59-29-130(C)(2).

B.   This SECTION takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY spoke on the amendment.

The amendment was adopted.

Amendment No. 3

Senator SCOTT proposed the following amendment (35R008.SP.JS), which was adopted:

Amend the bill, as and if amended, SECTION 3, by striking Section 59-29-130(A) and inserting:

/     "Section 59-29-130.   (A)   The instruction provided for in Section 59-29-120 shall be given for at least one year of the high school, college and university grades, respectively. All public institutions of higher learning, as defined in Section 59-103-5, must provide instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, the Federalist Papers, and the study of American institutions and history, including African-American history, and ideals. No public institution of higher learning may grant a certificate of graduation for any baccalaureate degree program to any student unless he successfully completes the requirements described in subsection (B).     /

Renumber sections to conform.

Amend title to conform.

Senator SCOTT spoke on the amendment.

The amendment was adopted.

Amendment No. 4

Senator CAMPSEN proposed the following amendment (35R003.SP.GEC), which was adopted:

Amend the bill, as and if amended, by striking Section 59-29-130(D) and inserting:

/     (D)   The Commission on Higher Education must ensure the public institution of higher learning's compliance with all provisions of this section. The Commission on Higher Education must annually collect the information necessary to ensure that the public institution of higher learning is in compliance with this section. Such information must be reported annually to the Chairman of the House of Representatives Ways and Means Committee, the Chairman of the House of Representatives Education and Public Works Committee, the Chairman of the Senate Finance Committee, and the Chairman of the Senate Education Committee."     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN spoke on the amendment.

The amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 29; Nays 7

AYES

Alexander                 Bennett                   Campsen
Cash                      Climer                    Corbin
Cromer                    Davis                     Gambrell
Goldfinch                 Gregory                   Grooms
Hembree                   Johnson                   Malloy
Martin                    Massey                    McElveen
Peeler                    Reese                     Rice
Senn                      Setzler                   Shealy
Talley                    Turner                    Verdin
Williams                  Young

Total--29

NAYS

Allen                     Fanning                   Hutto
Kimpson                   McLeod                    Sabb
Scott

Total--7

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

  LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Susan Anderson, 55 Simms Street, Barnwell, SC 29812-1953
Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Lawson Holland, P. O. Box 929, Barnwell, SC 29812-0929

Reappointment, Barnwell County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Jimmy Wade Gantt, 260 Meadow Lane, Barnwell, SC 29812-8135

Motion Adopted

On motion of Senator MASSEY, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

Motion Adopted

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

MOTION ADOPTED

On motion of Senator HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. J. Virgil Hicks of Bamberg, S.C. Virgil served as the Mayor of Bamberg for nearly 30 years. He was a lifelong member and trustee of First Baptist Church of Bamberg. He was on the board of Home Federal Savings and Loan for 53 years. Virgil was the past president of the Orangeburg, Bamberg and Calhoun Counties Homebuilders Association. He was a Jaycee, a LION, a National Guardsman and member of Kappa Alpha at USC. Virgil was a loving husband, devoted father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 6:14 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 P.M.

* * *

This web page was last updated on Wednesday, February 13, 2019 at 7:14 P.M.