House Journal for 2/25/2021 - South Carolina Legislature Online

South Carolina General Assembly
124th Session, 2021-2022
Journal of the House of Representatives

NO. 25

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________

THURSDAY, FEBRUARY 25, 2021
(STATEWIDE SESSION)

~~Indicates Matter Stricken~~
Indicates New Matter

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 Psalm 50:1: "The mighty one, God the Lord, speaks and summons the earth from the rising of the sun to its settings."

Let us pray. O Lord, You are our God; we will exalt You. We will praise Your name; for You have done wonderful things for us. Continue to look in favor to Your people as they continue to do the work for the people. Give them strength and courage as they take on the hard tasks. Bless them and keep them free of sickness and despair. Guide our defenders of freedom and first responders as they care for us. Bless our World, Nation, President, State, Governor, Speaker, staff, and all who labor in this vineyard. Heal the wounds, those seen and those hidden, of our men and women 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.

MOTION ADOPTED

Rep. STAVRINAKIS moved that when the House adjourns, it adjourn in memory of Anne Holland, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Tyler Warfield, a Reidville firefighter who was killed in a tragic accident.

STATEMENTS BY REPS. HENEGAN AND ANDERSON

Reps. HENEGAN and ANDERSON made statements relative to the achievements and contributions of Armstrong Williams.

STATEMENT BY REP. HENDERSON-MYERS

Rep. HENDERSON-MYERS made a statement relative to the achievements and contributions of Viola Davis.

STATEMENT BY REP. KING

Rep. KING made a statement relative to achievements and contributions of the late Henrietta Lacks.

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 5005
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship Program
Received by Speaker of the House of Representatives January 12, 2021
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 12, 2021
Revised: May 13, 2021

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 5010
Agency: Department of Labor, Licensing and Regulation- Auctioneers' Commission
Statutory Authority: 1976 Code Section 40-6-40
Auctioneers' Commission
Received by Speaker of the House of Representatives January 12, 2021
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 12, 2021

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 5012
Agency: Department of Labor, Licensing and Regulation-Board of Registration for Foresters
Statutory Authority: 1976 Code Sections 48-27-140 and 48-27-190
Board of Registration for Foresters
Received by Speaker of the House of Representatives January 12, 2021
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 12, 2021

REPORTS OF STANDING COMMITTEES

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3166 (Word version) -- Reps. King, Robinson, Thigpen and Cobb-Hunter: A BILL TO AMEND CHAPTER 33, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICKLE CELL DISEASE, SO AS TO ENACT THE "RENA GRANT SICKLE CELL DISEASE VOLUNTARY PATIENT REGISTRY ACT"; TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND MAINTAIN A SICKLE CELL DISEASE VOLUNTARY PATIENT REGISTRY IN WHICH PATIENTS DIAGNOSED WITH SICKLE CELL DISEASE MAY REGISTER; TO ESTABLISH REQUIREMENTS FOR A PHYSICIAN TO SUBMIT THE NAME AND OTHER IDENTIFYING INFORMATION OF A PATIENT DIAGNOSED WITH SICKLE CELL DISEASE TO THE REGISTRY; TO PROHIBIT RELEASE OF INFORMATION CONTAINED IN THE REGISTRY, WITH EXCEPTIONS; TO ALLOW ACCESS TO INFORMATION IN THE REGISTRY BY, AMONG OTHERS, TREATING PHYSICIANS AND OTHER HEALTH CARE PRACTITIONERS TO VERIFY PATIENT REGISTRATION AND HEALTH CARE RESEARCHERS; TO ALLOW A PATIENT TO REVOKE A REGISTRATION; AND FOR OTHER PURPOSES.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3179 (Word version) -- Reps. G. M. Smith, Caskey, McCabe, Yow and Brawley: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESCRIPTIONS, SO AS TO EXEMPT SURGICALLY IMPLANTED DRUG DELIVERY SYSTEMS FROM THE THIRTY-ONE DAY SUPPLY LIMITATION.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:

H. 3193 (Word version) -- Rep. Kirby: A BILL TO AMEND SECTION 4-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND BOUNDARIES OF THE SOUTH LYNCHES FIRE DISTRICT IN FLORENCE AND WILLIAMSBURG COUNTIES, SO AS TO ALTER THE BOUNDARIES OF THE SOUTH LYNCHES FIRE DISTRICT TO INCLUDE THE AREA WITHIN THE MUNICIPAL LIMITS OF THE TOWN OF SCRANTON IN FLORENCE COUNTY.
Ordered for consideration tomorrow.

Rep. HOWARD, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:

H. 3325 (Word version) -- Reps. King, Murray, Rivers, M. M. Smith and Parks: A BILL TO AMEND SECTION 44-63-74, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY ELECTRONIC FILING OF DEATH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ELIMINATE EXEMPTIONS FOR PHYSICIANS WHO CERTIFY FEWER THAN TWELVE DEATHS ANNUALLY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3980 (Word version) -- Reps. Gilliam, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Martin, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Stringer, Taylor, Tedder, Thayer, Thigpen, 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 MAJOR GENERAL (RET.) THOMAS LEE SINCLAIR OF UNION AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3984 (Word version) -- Rep. M. M. Smith: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE ROTARY CLUBS OF DANIEL ISLAND AND CHARLESTON FOR THEIR VOLUNTEER EFFORTS DURING THE COVID-19 PANDEMIC.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3981 (Word version) -- Reps. Gatch, M. M. Smith, Ott, Tedder, J. L. Johnson, Forrest, Bailey, Bustos, Morgan, W. Cox and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-75-70 SO AS TO REQUIRE INSURERS TO OFFER INSURANCE COVERAGE FOR LOSS OR DAMAGE RESULTING FROM AN EARTHQUAKE TO ALL POLICIES ISSUED IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry

H. 3982 (Word version) -- Reps. B. Newton, G. M. Smith, Weeks, Huggins, Bradley, Atkinson, Collins, B. Cox, Bannister, J. E. Johnson, Davis, Wheeler, Kirby, West, Brittain, Wetmore, Stavrinakis, Caskey, Gatch, Pendarvis, Hewitt, Bryant, Fry, Rose, Ballentine, Crawford, Jordan, Kimmons, D. C. Moss, Murphy and Sandifer: A BILL TO AMEND SECTION 38-75-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONS PAID BY A TITLE INSURER, SO AS TO REMOVE THE CAP ON THE COMMISSION.
Referred to Committee on Judiciary

H. 3983 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-5-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-5015, RELATING TO THE OPERATION OF A MOTOR VEHICLE EQUIPPED WITH A SUNSCREEN DEVICE, SO AS TO REVISE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 56-5-6190, RELATING TO THE CLASSIFICATION OF CERTAIN CRIMES AS MISDEMEANORS AND FELONIES, SO AS TO PROVIDE EVERY PERSON CONVICTED OF A VIOLATION OF ANY PROVISION FOR WHICH ANOTHER PENALTY IS NOT PROVIDED SHALL BE FINED NOT MORE THAN ONE HUNDRED DOLLARS; AND TO REPEAL SECTION 56-5-730 RELATING TO THE CLASSIFICATION OF CERTAIN OFFENSES AS MISDEMEANORS UNLESS OTHERWISE DECLARED.
Referred to Committee on Judiciary

S. 16 (Word version) -- Senators Rankin, Hembree, Malloy, Fanning, Grooms, Young, Bennett, Scott, Stephens, Peeler and Sabb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-17 SO AS TO REQUIRE COMPLETION OF CERTAIN BASIC PERSONAL FINANCE COURSEWORK FOR HIGH SCHOOL GRADUATION INSTEAD OF EXISTING ECONOMICS COURSEWORK REQUIREMENTS, TO PROVIDE HIGH SCHOOLS MAY CONTINUE TO OFFER SUCH COURSEWORK, TO PROVIDE FOR THE DEVELOPMENT AND CONTENT OF RELATED STANDARDS, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP RELATED MEASURING AND REPORTING REQUIREMENTS AND SHALL MAKE RELATED RECOMMENDATIONS, AND TO MAKE THESE PROVISIONS APPLICABLE TO STUDENTS ENTERING NINTH GRADE BEGINNING WITH THE 2022-2023 SCHOOL YEAR; AND TO REPEAL SECTION 59-29-165 RELATING TO REQUIRED INSTRUCTION IN PERSONAL FINANCE.
Referred to Committee on Education and Public Works

S. 378 (Word version) -- Senators Cash and Senn: A BILL TO AMEND SECTION 47-3-630 OF THE 1976 CODE, RELATING TO PENALTIES FOR TEASING, MALTREATING, AND INJURING POLICE DOGS AND HORSES, TO PROVIDE FOR PENALTIES, RESTITUTION, AND COMMUNITY SERVICE.
Referred to Committee on Judiciary

S. 491 (Word version) -- Senator Leatherman: A JOINT RESOLUTION AUTHORIZING THE ISSUANCE OF NOT EXCEEDING FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION STATE ECONOMIC DEVELOPMENT BONDS AND SUPPLEMENTING THE PROVISIONS OF CHAPTER 41, TITLE 11 FOR THE LIMITED PURPOSE OF DEFRAYING THE COST OF INTERMODAL CONTAINER TRANSFER INFRASTRUCTURE, WATERBORNE CARGO INFRASTRUCTURE, AND RELATED INFRASTRUCTURE IN SUPPORT THEREOF, AT OR IN THE VICINITY OF THE PORT OF CHARLESTON; TO ALLOCATE SUFFICIENT TAX REVENUES TO PROVIDE FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS; TO PRESCRIBE REQUIREMENTS FOR NOTIFICATION, REVIEW, AND APPROVAL OF BOND ISSUANCE; TO PROVIDE FOR A PROCESS TO DEMONSTRATE COMPLIANCE WITH THE CONSTITUTIONAL LIMITATION ON DEBT SERVICE; AND TO MAKE OTHER PROVISIONS RELATED TO THE BONDS.
Referred to Committee on Ways and Means

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Ballentine
Bamberg                  Bannister                Bennett
Bernstein                Blackwell                Bradley
Brawley                  Bryant                   Burns
Bustos                   Calhoon                  Carter
Caskey                   Chumley                  Clyburn
Cobb-Hunter              Cogswell                 Collins
B. Cox                   W. Cox                   Crawford
Dabney                   Daning                   Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Fry
Gagnon                   Garvin                   Gatch
Gilliam                  Gilliard                 Govan
Haddon                   Hardee                   Hart
Henderson-Myers          Henegan                  Herbkersman
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            K. O. Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   Matthews
May                      McCabe                   McCravy
McDaniel                 McGarry                  McGinnis
J. Moore                 T. Moore                 Morgan
D. C. Moss               Murphy                   Murray
B. Newton                W. Newton                Nutt
Oremus                   Ott                      Parks
Pendarvis                Pope                     Rivers
Robinson                 Rose                     Rutherford
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Stringer                 Taylor                   Tedder
Thayer                   Thigpen                  Trantham
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. BRITTAIN a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HAYES a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FINLAY a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Chris Fyock of Greenville was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSORS ADDED

Bill Number: H. 3012 (Word version)
Date: ADD:
02/25/21 TRANTHAM, D. C. MOSS, BRYANT, G. R. SMITH, MARTIN, DAVIS, MCCRAVY, KIMMONS, HIXON, GAGNON, WEST, ATKINSON, SANDIFER, WHITMIRE, YOW, LOWE, JORDAN, FRY, MCGINNIS, ERICKSON, SIMRILL, WOOTEN, BALLENTINE, CASKEY and BRADLEY

CO-SPONSOR ADDED

Bill Number: H. 3042 (Word version)
Date: ADD:
02/25/21 BUSTOS

CO-SPONSORS ADDED

Bill Number: H. 3105 (Word version)
Date: ADD:
02/25/21 ERICKSON, BRADLEY, LUCAS and CRAWFORD

CO-SPONSOR ADDED

Bill Number: H. 3107 (Word version)
Date: ADD:
02/25/21 JONES

CO-SPONSORS ADDED

Bill Number: H. 3223 (Word version)
Date: ADD:
02/25/21 TAYLOR, HIOTT, ERICKSON, LOWE and HEWITT

CO-SPONSORS ADDED

Bill Number: H. 3224 (Word version)
Date: ADD:
02/25/21 HENEGAN, KIRBY, TEDDER, JONES, BENNETT, STRINGER, T. MOORE, WILLIS, ROBINSON, TRANTHAM, OREMUS, MARTIN, WHITE, HADDON, MORGAN, W. COX, DAVIS, WETMORE, CRAWFORD, K. O. JOHNSON, WHEELER, M. M. SMITH, JEFFERSON, R. WILLIAMS, THIGPEN, RIVERS, YOW, GILLIAM, BRAWLEY, HOWARD, J. L. JOHNSON and GARVIN

CO-SPONSOR ADDED

Bill Number: H. 3243 (Word version)
Date: ADD:
02/25/21 COGSWELL

CO-SPONSORS ADDED

Bill Number: H. 3244 (Word version)
Date: ADD:
02/25/21 GOVAN, S. WILLIAMS and CASKEY

CO-SPONSORS ADDED

Bill Number: H. 3255 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3443 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3444 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3482 (Word version)
Date: ADD:
02/25/21 HENEGAN and J. MOORE

CO-SPONSORS ADDED

Bill Number: H. 3502 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSOR ADDED

Bill Number: H. 3514 (Word version)
Date: ADD:
02/25/21 HADDON

CO-SPONSORS ADDED

Bill Number: H. 3575 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3606 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3664 (Word version)
Date: ADD:
02/25/21 ERICKSON, BRADLEY and MURRAY

CO-SPONSORS ADDED

Bill Number: H. 3750 (Word version)
Date: ADD:
02/25/21 HIXON and LIGON

CO-SPONSORS ADDED

Bill Number: H. 3772 (Word version)
Date: ADD:
02/25/21 ERICKSON and BRADLEY

CO-SPONSORS ADDED

Bill Number: H. 3863 (Word version)
Date: ADD:
02/25/21 HOSEY and CLYBURN

CO-SPONSOR ADDED

Bill Number: H. 3979 (Word version)
Date: ADD:
02/25/21 TEDDER

CO-SPONSOR REMOVED

Bill Number: H. 3392 (Word version)
Date: REMOVE:
02/25/21 OREMUS

CO-SPONSORS REMOVED

Bill Number: H. 3979 (Word version)
Date: REMOVE:
02/25/21 NUTT and ALLISON

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3696 (Word version) -- Reps. Lucas, G. M. Smith, Murphy, Simrill, Rutherford, Bannister, Bradley, Erickson, Gatch, Herbkersman, Kimmons, W. Newton, Rivers, Stavrinakis, Weeks, S. Williams, McGarry, Carter, Hart, Jefferson, R. Williams, Govan and Thigpen: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, SO AS TO INCREASE THE NUMBER OF CIRCUIT COURT JUDGES BY ONE IN THE NINTH, FOURTEENTH, AND FIFTEENTH CIRCUITS; AND TO AMEND SECTION 63-3-40, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE BY ONE THE NUMBER OF FAMILY COURT JUDGES IN THE FIRST AND SIXTEENTH CIRCUITS.

H. 3262 (Word version) -- Reps. Fry, Huggins, Davis, B. Newton, G. R. Smith, Morgan, Burns, Erickson, Bennett, Thayer, Taylor, Bryant, Elliott, Willis, Felder, McGarry, V. S. Moss, Haddon, Long, Pope, Forrest, Hixon, Hewitt, Bailey, Caskey, M. M. Smith, J. E. Johnson, Bradley, Brittain and Crawford: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO REQUIRE ALL CANDIDATES FROM EACH POLITICAL PARTY IN THIS STATE TO PAY A FILING FEE, INCLUDING CANDIDATES FROM PARTIES THAT ARE NOT REQUIRED TO CONDUCT A PRIMARY ELECTION, AND TO AUTHORIZE POLITICAL PARTIES TO CHARGE A CERTIFICATION FEE TO ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY OR POLITICAL PARTY CONVENTION; AND TO AMEND SECTION 7-11-210, RELATING TO THE NOTICE OF CANDIDACY AND PLEDGE, SO AS TO REQUIRE CANDIDATES TO AFFIRM THEIR PARTICIPATION IN AT LEAST THREE OF THE LAST FOUR STATEWIDE PARTY PRIMARIES, OR, IN THE ALTERNATIVE, IF PRECLUDED FROM PARTICIPATION DUE TO AGE, PERSONAL HEALTH, RESIDENCY, OR ACTIVE MILITARY SERVICE, CANDIDATES MAY PLEDGE THAT THEY ARE BONA FIDE MEMBERS OF THE POLITICAL PARTY WHOSE NOMINATION THEY ARE SEEKING, AND TO PROVIDE THAT THE STATE PARTY CHAIRMAN, IF PERMITTED BY PARTY RULE, MAY REQUIRE ADDITIONAL VERIFICATION WHEN A CANDIDATE'S AFFIRMATION OF BONA FIDE PARTY MEMBERSHIP IS DISPUTED, AND THAT THE STATE CHAIRMAN IS THE FINAL AUTHORITY TO RESOLVE QUESTIONS REGARDING BONA FIDE PARTY MEMBERSHIP.

H. 3263 (Word version) -- Reps. Fry, Huggins, Davis, B. Newton, G. R. Smith, Morgan, Burns, Erickson, Bennett, Thayer, Taylor, Bryant, Elliott, Willis, Felder, McGarry, Hewitt, Bailey, W. Newton, Herbkersman, M. M. Smith, J. E. Johnson, Bradley and King: A BILL TO AMEND SECTION 7-17-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEES TO HEAR CERTAIN PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEES ALSO TO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS AND LESS THAN COUNTY OFFICERS; AND TO REPEAL SECTIONS 7-17-520, 7-17-530, 7-17-540, AND 7-17-550 RELATING TO HEARINGS BY COUNTY EXECUTIVE COMMITTEES AND APPEALS FROM DECISIONS OF COUNTY EXECUTIVE COMMITTEES.

H. 3264 (Word version) -- Reps. Fry, Huggins, Davis, B. Newton, G. R. Smith, Morgan, Burns, Erickson, Bennett, Thayer, Taylor, Bryant, Elliott, Willis, Felder, Long, McGarry, Haddon, Hewitt, Bailey, M. M. Smith, J. E. Johnson, Bradley, Crawford and King: A BILL TO AMEND SECTION 7-9-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED NOTICES OF COUNTY CONVENTIONS, SO AS TO ELIMINATE THE REQUIREMENT THAT A COUNTY COMMITTEE PUBLISH CERTAIN NOTICES REGARDING COUNTY CONVENTIONS IN A NEWSPAPER HAVING GENERAL CIRCULATION IN THE COUNTY.

ORDERED ENROLLED FOR RATIFICATION

The following 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:

S. 160 (Word version) -- Senators Scott and Setzler: A BILL TO AMEND SECTION 59-53-1784, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSAL OF SURPLUS PROPERTY BY THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, SO AS TO REQUIRE THE AUTHORITY TO FILE CERTAIN DOCUMENTS WITH THE STATE FISCAL ACCOUNTABILITY AUTHORITY; TO AMEND ACT 189 OF 2018, RELATING TO THE DISPOSAL OF SURPLUS PROPERTY BY THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, SO AS TO PERMANENTLY AUTHORIZE THE ACT AND TO REPEAL THE SUNSET PROVISION.

RECURRENCE TO THE MORNING HOUR

Rep. FORREST moved that the House recur to the morning hour, which was agreed to.

H. 3444--DEBATE ADJOURNED

The following Bill was taken up:

H. 3444 (Word version) -- Reps. Lucas, McGarry, Burns, Haddon, Pope, McCravy, Forrest, Caskey, McGinnis, Hosey, Hixon, Hewitt, Bailey, W. Newton, Herbkersman, J. E. Johnson, Brittain, Erickson and Bradley: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO RECONSTITUTE THE STATE ELECTION COMMISSION AND REVISE THE COMMISSION'S COMPOSITION, POWERS, AND DUTIES; AND TO AMEND SECTIONS 7-17-70 AND 7-17-220, BOTH RELATING TO MEETINGS OF THE STATE BOARD, SO AS TO MAKE CONFORMING CHANGES.

Rep. JORDAN moved to adjourn debate on the Bill until Tuesday, March 2, which was agreed to.

H. 3255--POINT OF ORDER

The following Bill was taken up:

H. 3255 (Word version) -- Reps. West, Kirby, Erickson and Bradley: A BILL TO AMEND SECTION 40-60-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM LICENSURE REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO MODIFY EXEMPTIONS FOR LICENSEES OF THE REAL ESTATE COMMISSION; TO AMEND SECTION 40-60-31, RELATING TO REQUIREMENTS FOR LICENSURE BY THE BOARD OF REAL ESTATE APPRAISERS, SO AS TO REVISE AND PROVIDE COLLEGE EDUCATION REQUIREMENTS AND ACCEPTABLE EQUIVALENCIES FOR APPRENTICE APPRAISERS, RESIDENTIAL APPRAISERS, AND GENERAL APPRAISERS, AND TO EXEMPT CERTAIN MASS APPRAISERS FROM COLLEGE EDUCATION REQUIREMENTS; TO AMEND SECTION 40-60-33, RELATING TO ADDITIONAL EDUCATIONAL AND APPLICABLE EXPERIENCE REQUIREMENTS FOR LICENSURE BY THE BOARD, SO AS TO REVISE VARIOUS REQUIREMENTS AND REVISE QUALIFICATIONS FOR CERTAIN LICENSED MASS APPRAISERS; TO AMEND SECTION 40-60-34, RELATING TO REQUIREMENTS CONCERNING APPRENTICE APPRAISERS AND APPRAISER SUPERVISING APPRENTICES, SO AS TO REVISE VARIOUS REQUIREMENTS; TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO IMPOSE CERTAIN REPORTING REQUIREMENTS ON LICENSEES; TO AMEND SECTION 40-60-36, RELATING TO CONTINUING EDUCATION PROVIDERS, SO AS TO IMPOSE CERTAIN REPORTING REQUIREMENTS ON PROVIDERS; TO AMEND SECTION 40-60-37, RELATING TO QUALIFICATION REQUIREMENT WAIVERS FOR RECIPROCAL APPLICATIONS FOR APPRAISERS FROM OTHER JURISDICTIONS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 40-60-40, RELATING TO APPRAISER CONTACT INFORMATION THAT MUST BE MAINTAINED ON FILE WITH THE BOARD, SO AS TO INCLUDE EMAIL ADDRESSES OF LICENSEES; TO AMEND SECTION 40-60-320, RELATING TO DEFINITIONS IN THE REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, SO AS TO REVISE THE DEFINITION OF AN APPRAISAL PANEL; TO AMEND SECTION 40-60-330, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO REVISE REQUIREMENTS CONCERNING CERTAIN FINANCIAL INFORMATION; TO AMEND SECTION 40-60-360, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO SPECIFY CERTAIN REQUIRED REGULATIONS; TO AMEND SECTION 40-60-420, RELATING TO RECORD-KEEPING REQUIREMENTS FOR REGISTRATION RENEWAL, SO AS TO REVISE REQUIREMENTS CONCERNING RECORDS THAT APPRAISAL MANAGEMENT COMPANIES MUST PROVIDE; AND TO AMEND SECTION 40-60-450, RELATING TO REQUIREMENTS CONCERNING COMPENSATION OF APPRAISERS BY APPRAISAL MANAGEMENT COMPANIES, SO AS TO CLARIFY THE APPLICABLE GOVERNING FEDERAL REGULATIONS.

POINT OF ORDER

Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3606--POINT OF ORDER

The following Bill was taken up:

H. 3606 (Word version) -- Reps. G. M. Smith, Yow, Sandifer, Erickson and Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-265 SO AS TO EXEMPT CERTAIN IMPROVEMENTS MADE TO RESIDENTIAL PROPERTY FROM BUILDING PERMIT REQUIREMENTS, AND TO EXEMPT PROPERTY OWNERS WHO MAKE SUCH IMPROVEMENTS FROM RESIDENTIAL BUILDERS COMMISSION LICENSURE REQUIREMENTS; AND TO AMEND SECTION 40-59-20, RELATING TO DEFINITIONS CONCERNING THE RESIDENTIAL BUILDERS COMMISSION AND ITS LICENSEES, SO AS TO REVISE THE DEFINITION OF RESIDENTIAL SPECIALTY CONTRACTORS.

POINT OF ORDER

H. 3244--POINT OF ORDER

The following Bill was taken up:

H. 3244 (Word version) -- Reps. Collins, Cobb-Hunter, Huggins, Thayer, Anderson, Caskey, Govan and S. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT FIRST INITIATIVE ACT" BY ADDING CHAPTER 5 TO TITLE 41 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO ESTABLISH POLICIES SUPPORTIVE OF COMPETITIVE AND INTEGRATED EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES, TO CREATE RELATED RESPONSIBILITIES FOR STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE, TO CREATE THE "SOUTH CAROLINA EMPLOYMENT FIRST OVERSIGHT COMMISSION", AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE COMMISSION.

POINT OF ORDER

H. 3664--POINT OF ORDER

The following Bill was taken up:

H. 3664 (Word version) -- Reps. Hewitt, Hixon, Stavrinakis, Crawford, Kirby, B. Cox, Anderson, Erickson, Bradley and Murray: A BILL TO AMEND SECTION 40-57-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL BACKGROUND CHECKS REQUIRED FOR INITIAL LICENSURE BY THE REAL ESTATE COMMISSION, SO AS TO REQUIRE SOCIAL SECURITY NUMBER-BASED CRIMINAL RECORDS CHECKS IN ADDITION TO EXISTING REQUIREMENTS.

POINT OF ORDER

H. 3105--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3105 (Word version) -- Reps. Yow, Burns, Chumley, Magnuson, McCravy, Wooten, Fry, B. Cox, May, Haddon, Long, Gilliam, Forrest, Nutt, Trantham, Oremus, McGarry, Bennett, Jones, Thayer, Hiott, Willis, Huggins, Hixon, McCabe, Dabney, B. Newton, Bryant, Elliott, M. M. Smith, Pope, D. C. Moss, Ballentine, Lucas, Crawford, Erickson and Bradley: A BILL TO AMEND CHAPTER 32, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA RELIGIOUS FREEDOM ACT", SO AS TO PROVIDE THAT RELIGIOUS SERVICES ARE DEEMED AN ESSENTIAL SERVICE DURING A STATE OF EMERGENCY AND MUST BE ALLOWED TO CONTINUE OPERATING THROUGHOUT THE STATE OF EMERGENCY.

Reps. HIOTT, MCGARRY, D. C. MOSS, BRYANT and CARTER requested debate on the Bill.

H. 3755--POINT OF ORDER

The following Bill was taken up:

H. 3755 (Word version) -- Reps. Murphy, Bryant, Pope, Yow, Simrill, Hardee, Trantham, Oremus, W. Newton, Ligon, Bennett, Fry, Bannister, Carter, Caskey, Forrest, Hixon, Kimmons, McGarry, V. S. Moss, G. M. Smith, Taylor, Thayer, McCabe, Dabney, B. Newton and Elliott: A BILL TO AMEND SECTION 24-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEATH BY ELECTROCUTION OR LETHAL INJECTION, SO AS TO PROVIDE THAT A PERSON SENTENCED TO DEATH MAY ELECT FOR ELECTROCUTION OR LETHAL INJECTION IF LETHAL INJECTION IS AVAILABLE AT THE TIME OF ELECTION, TO PROVIDE THAT AN ELECTION EXPIRES AND MUST BE RENEWED IN WRITING IF THE CONVICTED PERSON RECEIVES A STAY OF EXECUTION OR THE EXECUTION DATE HAS PASSED, TO PROVIDE THAT A PENALTY MUST BE ADMINISTERED BY ELECTROCUTION FOR A PERSON WHO WAIVES HIS RIGHT OF ELECTION, TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DETERMINE AND CERTIFY TO THE SUPREME COURT WHETHER THE METHOD SELECTED IS AVAILABLE, TO PROVIDE THAT A CONVICTED PERSON'S SIGNATURE MUST BE WITNESSED, AND TO PROVIDE THAT THE MANNER OF INFLICTING A DEATH SENTENCE MUST BE ELECTROCUTION REGARDLESS OF THE METHOD ELECTED BY THE PERSON IF EXECUTION BY LETHAL INJECTION IS UNAVAILABLE OR IS HELD TO BE UNCONSTITUTIONAL BY AN APPELLATE COURT OF COMPETENT JURISDICTION.

POINT OF ORDER

Rep. HART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

OBJECTION TO RECALL

Rep. ALLISON asked unanimous consent to recall H. 3925 (Word version) from the Committee on Education and Public Works.
Rep. KING objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. COLLINS.

H. 3588--DEBATE ADJOURNED

The following Bill was taken up:

H. 3588 (Word version) -- Reps. Allison, Felder and Carter: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR LIFE SCHOLARSHIPS, SO AS TO STRENGTHEN ENGLISH, MATHEMATICS, AND COMPUTER SCIENCE FOUNDATIONS OF HIGH SCHOOL SENIORS SEEKING LIFE SCHOLARSHIPS BY REQUIRING SUCCESSFUL COMPLETION OF CERTAIN ENGLISH AND MATHEMATICS OR COMPUTER SCIENCE COURSEWORK DURING THEIR SENIOR YEARS, AND TO EXCLUDE MEMBERS OF THE 2022-2023 SENIOR CLASS FROM THESE REQUIREMENTS.

Rep. ALLISON moved to adjourn debate on the Bill until Tuesday, March 2, which was agreed to.

H. 3502--DEBATE ADJOURNED

The following Bill was taken up:

H. 3502 (Word version) -- Reps. Long, Burns, Haddon, V. S. Moss, Calhoon, Govan, Erickson and Bradley: A BILL TO AMEND SECTION 56-5-1538, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY SCENE MANAGEMENT, SO AS TO REVISE THE DEFINITION OF THE TERM "EMERGENCY SERVICES PERSONNEL" TO INCLUDE TOW TRUCK OPERATORS.

Rep. ALLISON moved to adjourn debate on the Bill until Tuesday, March 2, which was agreed to.

H. 3765--DEBATE ADJOURNED

The following Bill was taken up:

H. 3765 (Word version) -- Reps. Burns, Chumley and Long: A BILL TO AMEND SECTION 27-40-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES AND RULES OF CONSTRUCTION FOR THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE ACT; AND TO AMEND SECTION 45-2-60, RELATING TO THE EJECTMENT OF A PERSON FROM A LODGING ESTABLISHMENT, SO AS TO AUTHORIZE AN INNKEEPER TO REQUEST ASSISTANCE FROM LAW ENFORCEMENT TO EJECT A PERSON AND TO PROVIDE THAT A PERSON EJECTED FROM A CAMPGROUND HAS TEN DAYS TO MAKE A CLAIM FOR PROPERTY LEFT AT THE TIME OF EJECTMENT.

Rep. HIOTT moved to adjourn debate on the Bill until Tuesday, March 2, which was agreed to.

H. 3308--DEBATE ADJOURNED

The following Bill was taken up:

H. 3308 (Word version) -- Reps. Huggins, Hill, Forrest and Caskey: A BILL TO AMEND SECTION 50-21-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO INCREASE DISTANCE LIMITS BETWEEN A WATERCRAFT OPERATING IN EXCESS OF IDLE SPEED UPON CERTAIN WATERS OF THIS STATE AND A MOORED OR ANCHORED VESSEL, WHARF, DOCK, BULKHEAD, PIER, OR PERSON IN THE WATER.

Rep. HIOTT moved to adjourn debate on the Bill until Tuesday, March 2, which was agreed to.

H. 3443--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3443 (Word version) -- Reps. Lucas, Jordan, J. E. Johnson, McGarry, Fry, Taylor, B. Newton, Pope, McCravy, Forrest, Yow, Elliott, B. Cox, Wooten, T. Moore, Caskey, McGinnis, Oremus, Martin, Brittain, Hixon, Hiott, Blackwell, Davis, Erickson and Bradley: A BILL TO AMEND SECTION 1-3-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUBERNATORIAL PROCLAMATIONS OF EMERGENCY, SO AS TO REMOVE REFERENCES TO PUBLIC HEALTH EMERGENCIES; AND TO AMEND SECTION 25-1-440, RELATING TO POWERS AND DUTIES OF THE GOVERNOR DURING A DECLARED EMERGENCY, SO AS TO PROVIDE THAT AFTER THE ELAPSE OF AT LEAST THIRTY DAYS FOLLOWING THE DECLARATION OF AN EMERGENCY BY THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE MAY CONVENE THEIR RESPECTIVE BODIES FOR THE PURPOSE OF CONSIDERING SUCH DECLARATION, THAT THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION, MAY TERMINATE, ALTER, AMEND, OR CONSENT TO THE TERMS OF ANY DECLARATION OF EMERGENCY DURING THIS CALLED SESSION, THAT SHOULD THE GENERAL ASSEMBLY NOT ACT, THEN THE TERMS OF THE DECLARATION SHALL CONTINUE UNTIL SUCH TIME AS THE GENERAL ASSEMBLY DOES ACT, THAT A GOVERNOR MAY NOT DECLARE SUCCESSIVE STATES OF EMERGENCY THAT HAVE THE EFFECT OF REINSTATING, CONTINUING, ALTERING, OR AMENDING ANY DECLARATION OF EMERGENCY ADDRESSED BY THE GENERAL ASSEMBLY, AND THAT THE GOVERNOR MAY NOT ISSUE ADDITIONAL OR SUCCESSIVE STATES OF EMERGENCY FOR THE SAME UNDERLYING EVENTS WITHOUT A SUBSTANTIAL CHANGE OF CIRCUMSTANCE.

Reps. J. E. JOHNSON and JORDAN proposed the following Amendment No. 4 to H. 3443 (Word version) (COUNCIL\ZW\3443C008.RT.ZW21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 1-3-420 of the 1976 Code is amended to read:

"Section 1-3-420. The Governor, when in his opinion the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence or threats of violence, ~~or a public health emergency, as defined in Section 44-4-130,~~ a danger exists to the person or property of any citizen and that the peace and tranquility of the State, or any political subdivision thereof, or any particular area of the State designated by him, is threatened, and because thereof an emergency, with reference to such threats and danger, exists.

The Governor, upon the issuance of a proclamation as provided for in this section, must immediately file the proclamation in the Office of the Secretary of State, which proclamation is effective upon issuance and remain in full force and effect until revoked by the Governor."

SECTION 2. Section 25-1-440(a) of the 1976 Code is amended to read:

"(a) The Governor, when an emergency has been declared, as the elected Chief Executive of the State, is responsible for the safety, security, and welfare of the State and is empowered with the following additional authority to adequately discharge this responsibility:

(1) issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists;

(2) declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation~~. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly;~~:

(a) after the elapse of at least thirty days following the declaration of an emergency by the Governor, pursuant to this article either:

(i) the President of the Senate and the Speaker of the House may convene their respective bodies for the purpose of considering such declaration; or

(ii) the Senate and the House of Representatives must reconvene at the written request, delivered to the clerks of each chamber, of any ten county delegations, having considered the matter as a delegation and a majority of the members of the delegation voting that the General Assembly convene to consider such declaration;

(b) the General Assembly, by concurrent resolution, may terminate or consent to the terms of any declaration of emergency during this called session;

(c) the General Assembly, by joint resolution, may alter or amend the terms of any declaration of emergency during this called session;

(d) should the General Assembly not act, the terms of the declaration shall continue until such time as the General Assembly does act;

(e) a Governor may not declare successive states of emergency that have the effect of reinstating, continuing, altering, or amending any declaration of emergency addressed by the General Assembly;

(f) the Governor may not issue additional or successive states of emergency for the same underlying events without a substantial change of circumstance;

(3) suspend provisions of existing regulations prescribing procedures for conduct of state business if strict compliance with the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the emergency;

(4) utilize all available resources of state government as reasonably necessary to cope with the emergency;

(5) transfer the direction, personnel, or functions of state departments, agencies, and commissions, or units thereof, for purposes of facilitating or performing emergency services as necessary or desirable;

(6) compel performance by elected and appointed state, county, and municipal officials and employees of the emergency duties and functions assigned them in the State Emergency Plan or by Executive Order;

(7) direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is considered necessary for the preservation of life or other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein;

(8) within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State:

(a) request and accept a grant by the federal government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster-related expenses or serious needs that may not be met otherwise from other means of assistance;

(b) enter into an agreement with the federal government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (a), under a ratio not to exceed twenty-five percent of the assistance;

(c) make financial grants to meet disaster-related, necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance. No individual or family may receive grants aggregating more than ten thousand dollars with respect to any single major disaster subject to the limitations contained in subitem (b). The ten thousand-dollar limit annually must be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor; and

(d) promulgate necessary regulations for carrying out the purposes of this item;

(9) authorize, by executive order, a party to exceed the terms of a curfew if:

(a) the party is a business that sells emergency commodities, an employee of a business that sells emergency commodities, or a local official; and

(b) exceeding the terms of the curfew is necessary to ensure emergency commodities are available to the public. As defined in this section, an emergency commodity means a commodity needed to sustain public health and well-being as determined by a local authority. Nothing in this section may be construed to supersede the authority of the Governor under Section 25-1-440;

(10) by executive order, authorize operators of solid waste disposal facilities to extend operating hours to ensure the health, safety, and welfare of the general public."

SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

The amendment was then adopted.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HILL proposed the following Amendment No. 5 to H. 3443 (Word version) (COUNCIL\ZW\3443C007.RT.ZW21), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION _. A. Section 44-4-510(A) of the 1976 Code is amended to read:

"(A)~~(1)~~ During a state of public health emergency, DHEC may perform voluntary physical examinations or tests as necessary for the diagnosis or treatment of individuals.

~~(2)~~ DHEC may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any person whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with a contagious or possibly contagious disease or otherwise poses a danger to public health."

B. Section 44-4-540 of the 1976 Code is amended to read:

"Section 44-4-540. (A) During a public health emergency, the isolation and quarantine of an individual or groups of individuals must be undertaken in accordance with the procedures provided in this section. DHEC also must adhere to the following conditions and principles when isolating or quarantining individuals or groups of individuals:

(1) isolation and quarantine must be by the least restrictive means necessary to prevent the spread of a contagious or possibly contagious disease to others and may include, but are not limited to, confinement to private homes or other private and public premises;

(2) individuals isolated because of objective evidence of infection or contagious disease must be confined separately from quarantined asymptomatic individuals;

(3) the health status of isolated and quarantined individuals must be monitored regularly to determine if they require isolation or quarantine;

(4) if a quarantined individual becomes infected or is reasonably believed to be infected with a contagious or possibly contagious disease, he or she must be promptly removed to isolation;

(5) isolated and quarantined individuals must be immediately released when they pose no substantial risk of transmitting a contagious or possibly contagious disease to others;

(6) the needs of persons isolated and quarantined must be addressed in a systematic and competent fashion including, but not limited to, providing adequate food, clothing, shelter, means of communication with those in isolation or quarantine and outside these settings, medication, and competent medical care;

(7) premises used for isolation and quarantine must be maintained in a safe and hygienic manner and be designed to minimize the likelihood of further transmission of infection or other harms to persons isolated or quarantined; and

(8) to the extent possible, cultural and religious beliefs must be considered in addressing the needs of the individuals and establishing and maintaining isolation and quarantine premises.

(B)~~(1)~~ DHEC may temporarily isolate or quarantine an individual or groups of individuals through an emergency order signed by the commissioner or his designee, if delay in imposing the isolation or quarantine would significantly jeopardize DHEC's ability to prevent or limit the transmission of a contagious or possibly contagious disease to others.

~~(2)~~ The emergency order must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; and (v) a copy of Article V of this act and relevant definitions of this act.

~~(3)~~ A copy of the emergency order must be given to the individual(s) or groups of individuals to be isolated or quarantined, or if impractical to be given to a group of individuals, it may be posted in a conspicuous place in the isolation or quarantine premises.

~~(4)~~ Within ten days after issuing the emergency order, DHEC must file a petition pursuant to subsection (C) of this section for a court order authorizing the continued isolation or quarantine of the isolated or quarantined individual or groups of individuals.

~~(C)~~(1) DHEC may make a written petition to the trial court for an order authorizing the isolation or quarantine of an individual or groups of individuals.

(2) A petition under ~~subsection (C)~~ item (1) must specify the following: (i) the identity of the individual or groups of individuals subject to isolation or quarantine; (ii) the premises subject to isolation or quarantine; (iii) the date and time at which isolation or quarantine commences; (iv) the suspected contagious disease, if known; ~~and (v) a statement of compliance with the conditions and principles for isolation or quarantine of Section 44-4-530(B);~~ and ~~(vi)~~ (v) a statement of the basis upon which isolation or quarantine is justified in compliance with this article. The petition must be accompanied by a sworn affidavit of DHEC attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.

(3) Notice to individuals or groups of individuals identified in the petition must be accomplished within twenty-four hours in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.

(4) A hearing must be held on any petition filed pursuant to this subsection within five days of filing of the petition. In extraordinary circumstances and for good cause shown, DHEC may apply to continue the hearing date on a petition filed pursuant to this section for up to ten days, which continuance the court may grant in its discretion giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence.

(5)(a) The court must grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to prevent or limit the transmission of a contagious or possibly contagious disease.

(b) An order authorizing isolation or quarantine may do so for a period not to exceed thirty days.

(c) The order must: (i) identify the isolated or quarantined individuals or groups of individuals by name or shared or similar characteristics or circumstances; (ii) specify factual findings warranting isolation or quarantine pursuant to this act; (iii) include any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this act; and (iv) served on affected individuals or groups of individuals in accordance with the South Carolina Rules of Civil Procedure. If notice by mail or fax is not possible, notice must be made by personal service.

(d) Prior to the expiration of an order issued pursuant to this item, DHEC may move to continue the isolation or quarantine for additional periods not to exceed thirty days each. The court must consider the motion in accordance with standards set forth in this item.

~~(D)~~(C)(1) An individual or group of individuals isolated or quarantined pursuant to this act may apply to the trial court for an order to show cause why the individual or group of individuals should not be released. The court must rule on the application to show cause within forty-eight hours of its filing. If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours from issuance of the order to show cause. The issuance of the order to show cause does not stay or enjoin the isolation or quarantine order.

(2)(a) An individual or group of individuals isolated or quarantined pursuant to this act may request a hearing in the trial court for remedies regarding breaches to the conditions of isolation or quarantine. A request for a hearing does not stay or enjoin the isolation or quarantine order.

(b) Upon receipt of a request under this subsection alleging extraordinary circumstances justifying the immediate granting of relief, the court must fix a date for hearing on the matters alleged not more than twenty-four hours from receipt of the request.

(c) Otherwise, upon receipt of a request under this subsection, the court must fix a date for hearing on the matters alleged within five days from receipt of the request.

(3) In any proceedings brought for relief under this subsection, in extraordinary circumstances and for good cause shown, DHEC may move the court to extend the time for a hearing, which extension the court in its discretion may grant giving due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of the necessary witnesses and evidence.

~~(E)~~(D) A record of the proceedings pursuant to this section must be made and retained. In the event that, given a state of public health emergency, parties cannot personally appear before the court, proceedings may be conducted by their authorized representatives and be held via any means that allow all parties to fully participate.

~~(F)~~(E) The court must appoint counsel to represent individuals or groups of individuals who are or who are about to be isolated or quarantined pursuant to the provisions of this act and who are not otherwise represented by counsel. Payment for these appointments must be made in accordance with other appointments for legal representation in actions arising outside of matters in this act, and is not the responsibility of any one state agency. Appointments last throughout the duration of the isolation or quarantine of the individual or groups of individuals. DHEC must provide adequate means of communication between such individuals or groups of individuals and their counsel. Where necessary, additional counsel for DHEC from other state agencies or from private attorneys appointed to represent state agencies, must be appointed to provide adequate representation for the agency and to allow timely hearings of the petitions and motions specified in this section.

~~(G)~~(F) In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected individuals, the protection of the public's health, the severity of the emergency, and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims where:

(1) the number of individuals involved or to be affected is so large as to render individual participation impractical;

(2) there are questions of law or fact common to the individual claims or rights to be determined;

(3) the group claims or rights to be determined are typical of the affected individuals' claims or rights; and

(4) the entire group will be adequately represented in the consolidation.

~~(H)~~(G) Notwithstanding the provisions of subsection (A), prior to the Governor declaring a public health emergency, as defined in Section 44-4-130, the isolation and quarantine of an individual or groups of individuals pursuant to Section 44-1-80, 44-1-110, 44-1-140, ~~44-4-520, 44-4-530,~~ or 44-4-540 must be undertaken in accordance with the procedures provided in this section.

(H)(1) Nothing in this statute shall be construed to deny physicians, health care workers, or others access to individuals in isolation or quarantine as necessary to meet the needs of isolated or quarantined individuals.

(2) No other person, unless authorized by the court, shall enter isolation or quarantine premises. Failure to comply with this provision constitutes a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both. A person entering an isolation or quarantine premises without authorization may be isolated or quarantined as provided for in this chapter.

(3) The public safety authority and other law enforcement officers may arrest, isolate, or quarantine an individual who is acting in violation of an isolation or quarantine order after the individual is provided notice of the order.

(4) An employer may not fire, demote, or otherwise discriminate against an employee complying with an isolation or quarantine order issued pursuant to Section 44-1-80, 44-1-110, 44-1-140, or 44-4-540; however, nothing in this section prohibits an employer from requiring an employee to use annual or sick leave to comply with such an order."
SECTION _. Sections 44-4-520 and 44-4-530 of the 1976 Code are repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. HILL explained the amendment.

Rep. HILL moved to table the amendment, which was agreed to.

Rep. HILL proposed the following Amendment No. 6 to H. 3443 (Word version) (COUNCIL\ZW\3443C011.RT.ZW21), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 25-1-440(a)(2)(f) and inserting:
/ (f) the Governor may not issue additional or successive states of emergency for the same underlying events; /
Renumber sections to conform.
Amend title to conform.

Rep. HILL explained the amendment.

Rep. J. E. JOHNSON moved to table the amendment, which was agreed to.

Rep. HILL proposed the following Amendment No. 7 to H. 3443 (Word version) (COUNCIL\ZW\3443C010.RT.ZW21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION __. Section 25-1-1860 of the 1976 Code is amended to read:

"Section 25-1-1860. Whenever in the judgment of the Governor it may be necessary to use the military force under the provisions of Section 25-1-1850 the Governor shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time. In no event, however, may the provisions of this section be used or implemented in any manner that violates, abridges, or infringes upon a person's right to exercise free speech under the First Amendment of the United States Constitution or Section 2, Article I of the State Constitution." /
Renumber sections to conform.
Amend title to conform.

Rep. HILL explained the amendment.

Rep. J. E. JOHNSON moved to table the amendment, which was agreed to.

Rep. HILL proposed the following Amendment No. 8 to H. 3443 (Word version) (COUNCIL\ZW\3443C009.RT.ZW21), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/ SECTION _. A. Section 44-4-510(A) of the 1976 Code is amended to read: