NO. 28
REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________
The House assembled at noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 43:19: "I am about to do a new thing; now it springs forth, do you not perceive it? I will make a way in the wildness and river in the desert."
Let us pray. The blessings of the Lord are always with us as these Representatives and Staff begin the week of work for the people of this State. Grant these Representatives and Staff and all who serve in these Halls of Government. Guide them with Your hand so they will always give thanks to You. Bless our defenders of freedom and first responders as they care for us. We call on You, O God, to bless our World, Nation, President, State, Governor, Speaker, Staff, and all who serve in these Halls of Government. Especially Lord, guard and keep safe our military that keeps us safe. 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 Friday, the SPEAKER ordered it confirmed.
Rep. FINLAY moved that when the House adjourns, it adjourn in memory of William Bilton, which was agreed to.
Document No. 5065
Agency: Department of Insurance
Statutory Authority: 1976 Code Sections 1-23-110, 38-3-110, and 38- 69-330
Suitability in Annuity Transactions
Received by Speaker of the House of Representatives January 11, 2022
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2022
Document No. 5074
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Statutory Authority: 1976 Code Sections 6-9-40, 6-9-50, and 6-9-55
International Residential Code
Received by Speaker of the House of Representatives January 11, 2022
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2022
Document No. 5085
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
International Fire Code
Received by Speaker of the House of Representatives January 11, 2022
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2022
Document No. 5088
Agency: Department of Labor, Licensing and Regulation-Building Codes Council
Statutory Authority: 1976 Code Sections 6-9-40 and 40-1-70
National Electrical Code
Received by Speaker of the House of Representatives January 11, 2022
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2022
Document No. 5066
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Section 50-11-2200
Term and Conditions for the Public's Use of State Lakes and Ponds Owned or Leased by the Department of Natural Resources
Received by Speaker of the House of Representatives January 11, 2022
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 11, 2022
The following was introduced:
H. 5042 (Word version) -- Reps. Finlay, Calhoon, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, 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, 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, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, 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, 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 WILLIAM DAVID BILTON OF COLUMBIA, TO CELEBRATE HIS LIFE, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced: H. 5043 (Word version) -- Reps. Bernstein, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, 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, Gilliam, 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, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, 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, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 2022.
The Resolution was adopted.
The following was introduced:
H. 5049 (Word version) -- Reps. McGarry, B. Newton and Yow: A HOUSE RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO PHILLIP HALL FOR HIS SERVICE TO THE CITY OF LANCASTER AS THE INTERIM CHIEF OF POLICE AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5044 (Word version) -- Rep. Forrest: A CONCURRENT RESOLUTION TO CELEBRATE THE THIRTY-SIXTH ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL, TO BE HELD MAY 12 THROUGH 14, 2022, IN BATESBURG-LEESVILLE AND TO
HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5045 (Word version) -- Rep. Forrest: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LANDIS D. PRICE FOR FIFTY YEARS OF SERVICE TO BARR-PRICE FUNERAL HOME AND TO THE COMMUNITY AND TO CONGRATULATE HIM UPON BEING NAMED THE 2022 POULTRY FESTIVAL DISTINGUISHED CITIZEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5046 (Word version) -- Rep. Wheeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT AN APPROPRIATE SIGN AT THE EASTBOUND EXIT RAMP ONTO SOUTH CAROLINA HIGHWAY 341 FROM INTERSTATE HIGHWAY 20 IN LEE COUNTY CONTAINING THE WORDS "IN MEMORY OF SERGEANT MIKKOS L. NEWMAN".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5047 (Word version) -- Rep. Wheeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION PLACE AN APPROPRIATE SIGN AT THE WESTBOUND ENTRANCE RAMP TO INTERSTATE HIGHWAY 20 IN LEE COUNTY AT EXIT 120 CONTAINING THE WORDS "IN MEMORY OF THE HONORABLE DAVID ADDISON".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5048 (Word version) -- Rep. Wheeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 154 IN LEE COUNTY FROM ITS INTERSECTION WITH LOWER LEE SCHOOL ROAD TO ITS INTERSECTION WITH MANVILLE - ST. CHARLES ROAD "TONEY AND THELMA SLATER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5039 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND SECTION 6-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON MILLAGE RATE INCREASES, SO AS TO ALLOW THE LOCAL GOVERNING BODY OF A COUNTY, BY A TWO-THIRD VOTE, TO EXCEED THE LIMITATION TO CONTRACT FOR FIRE PROTECTION TO PREVENT SIGNIFICANTLY HARMING THE LEVEL OF FIRE PROTECTION SERVICES.
Referred to Committee on Ways and Means
H. 5040 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-5-3890, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF WIRELESS ELECTRONIC COMMUNICATION DEVICES WHILE OPERATING MOTOR VEHICLES, SO AS TO DEFINE THE TERM "GREAT BODILY INJURY", AND REVISE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 5041 (Word version) -- Reps. Trantham, McDaniel, Hiott, McCabe, Bennett, Jones, Long, Wooten, Yow, Forrest, Crawford, M. M. Smith, Blackwell, Huggins, Bryant, Jordan, Oremus, Calhoon, Morgan, McGarry, Ligon, G. R. Smith, Burns, Hyde, May, Bustos, Matthews, B. Newton, Bannister, B. Cox, Dillard, Hixon, J. L. Johnson, V. S. Moss, Murray, Thayer and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-49-100 SO AS TO PROHIBIT LABELING A FOOD PRODUCT AS MILK UNLESS THE PRODUCT MEETS THE DEFINITION OF MILK; TO AMEND SECTION 46-49-10, RELATING TO DEFINITIONS, SO AS TO DEFINE "MILK"; AND TO AMEND SECTION 46-50-30, RELATING TO DEFINITIONS, SO AS TO DEFINE "MILK".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 248 (Word version) -- Senators Young, Hembree, Turner, McElveen, Bennett, Massey, Rankin, M. Johnson, Shealy and Jackson: A BILL TO ENACT THE "SOUTH CAROLINA HANDS-FREE ACT"; TO AMEND SECTION 56-5-3890 OF THE 1976 CODE, RELATING TO THE UNLAWFUL USE OF A WIRELESS TELECOMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, TO REVISE THE CIRCUMSTANCES UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS TELECOMMUNICATIONS DEVICE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 56-1-720 OF THE 1976 CODE, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION; TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY MOTORISTS OF THE HANDS-FREE REQUIREMENTS AT CERTAIN POINTS ALONG THE STATE'S INTERSTATE HIGHWAYS; AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Judiciary
S. 908 (Word version) -- Senators Rankin and Grooms: A BILL TO AMEND SECTION 56-5-4445 OF THE 1976 CODE, RELATING TO THE RESTRICTION OF ELEVATING OR LOWERING A MOTOR VEHICLE, TO PROHIBIT MOTOR VEHICLE MODIFICATIONS THAT RESULT IN THE MOTOR VEHICLE'S FRONT FENDER BEING RAISED FOUR OR MORE INCHES ABOVE THE HEIGHT OF THE REAR FENDER.
Referred to Committee on Labor, Commerce and Industry
S. 1059 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 40-33-43, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED PROVISION OF MEDICATIONS BY UNLICENSED PERSONS IN CERTAIN FACILITIES, SO AS TO EXTEND THIS AUTHORIZATION TO INTERMEDIATE CARE FACILITIES FOR PERSONS WITH INTELLECTUAL DISABILITY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
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 Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
The SPEAKER granted Rep. JEFFERSON a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. MURPHY a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. HILL a leave of absence for the day.
The SPEAKER granted Rep. THAYER a leave of absence for the day to attend a funeral.
The SPEAKER granted Rep. WHITE a leave of absence for the day to attend a funeral.
The SPEAKER granted Rep. B. COX a leave of absence for the day for military reserve duty.
The SPEAKER granted Rep. J. E. JOHNSON a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. PARKS a leave of absence for the day.
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."
Bill Number: H. 3242 (Word version)
Date: ADD:
03/01/22 MCGARRY and DABNEY
Bill Number: H. 3258 (Word version)
Date: ADD:
03/01/22 K. O. JOHNSON and WHEELER
Bill Number: H. 3342 (Word version)
Date: ADD:
03/01/22 GOVAN
Bill Number: H. 3729 (Word version)
Date: ADD:
03/01/22 COGSWELL
Bill Number: H. 3840 (Word version)
Date: ADD:
03/01/22 MURRAY
Bill Number: H. 4046 (Word version)
Date: ADD:
03/01/22 TRANTHAM
Bill Number: H. 4220 (Word version)
Date: ADD:
03/01/22 MURRAY
Bill Number: H. 4319 (Word version)
Date: ADD:
03/01/22 ALEXANDER and KIRBY
Bill Number: H. 4608 (Word version)
Date: ADD:
03/01/22 MCKNIGHT
Bill Number: H. 4567 (Word version)
Date: ADD:
03/01/22 BLACKWELL
Bill Number: H. 4828 (Word version)
Date: ADD:
03/01/22 MURRAY
Bill Number: H. 4834 (Word version)
Date: ADD:
03/01/22 FELDER
Bill Number: H. 4918 (Word version)
Date: ADD:
03/01/22 GILLIAM
Bill Number: H. 4997 (Word version)
Date: ADD:
03/01/22 WEEKS
Bill Number: H. 4998 (Word version)
Date: ADD:
03/01/22 WETMORE and W. NEWTON
The following Bill was taken up:
S. 912 (Word version) -- Senator Stephens: A BILL TO AMEND ACT 593 OF 1992, AS AMENDED, RELATING TO THE LIMIT ON CASH RESERVES THAT MAY BE MAINTAINED BY DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4, SO AS TO PROVIDE THAT THE LIMIT ON CASH RESERVES DOES NOT APPLY TO DORCHESTER COUNTY SCHOOL DISTRICT 4 IN FISCAL YEAR 2021-2022.
Rep. GILLIARD moved to adjourn debate on the motion to reconsider which was agreed to.
The following Bill was taken up: H. 4538 (Word version) -- Reps. Whitmire, Bustos, Forrest and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-320 SO AS TO PROHIBIT THE UNLAWFUL REMOVAL OR DESTRUCTION OF AN ELECTRONIC COLLAR OR OTHER ELECTRONIC DEVICE PLACED ON A DOG BY ITS OWNER TO MAINTAIN CONTROL OF THE DOG.
Rep. HIOTT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 4946 (Word version) -- Reps. Haddon, Ligon, Magnuson, Burns, Forrest, Jones and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2125 SO AS TO PLACE CERTAIN CONDITIONS ON THE MANNER IN WHICH ELIGIBILITY FOR CERTAIN SALES TAX EXEMPTIONS ARE DETERMINED.
Rep. HIOTT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
S. 430 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 43-25-10 OF THE 1976 CODE, RELATING TO THE COMMISSION FOR THE BLIND, TO PROVIDE THAT MEETINGS SHALL BE HELD AT LEAST ONCE A QUARTER.
Rep. W. NEWTON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bamberg Bannister Bennett Bernstein Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis T. Moore D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Trantham Weeks West Wetmore Wheeler R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on S. 430 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. William Clyburn
The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3788 (Word version) -- Reps. G. M. Smith and Murphy: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO ADD THE ATTORNEY GENERAL FOR THE TERM FOR WHICH HE IS ELECTED OR HIS DESIGNEE TO THE MEMBERSHIP OF THE COMMISSION.
Rep. W. NEWTON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 3242 (Word version) -- Reps. Collins, Felder, McGarry and Dabney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-480 SO AS TO PROVIDE SCHOOL DISTRICTS SHALL SOLICIT WRITTEN PARENTAL CONSENT TO PROVIDE SUCH INFORMATION TO THE SOUTH CAROLINA NATIONAL GUARD YOUTH CHALLENGE ACADEMY FOR THE LIMITED PURPOSE OF ENABLING THE ACADEMY TO INFORM THE STUDENTS OF ITS PROGRAMS, TO PROVIDE DISTRICTS ONLY MAY PROVIDE SUCH INFORMATION UPON RECEIPT OF PARENTAL CONSENT, TO PROVIDE SCHOOL DISTRICTS SHALL PROVIDE SUCH INFORMATION WITHIN A CERTAIN TIMEFRAME FOLLOWING RECEIPT OF PARENTAL CONSENT, TO PROVIDE PARENTS MAY REVOKE THEIR CONSENT, AND TO PROVIDE MEANS FOR REDRESSING NONCOMPLIANCE BY SCHOOL DISTRICTS; AND TO AMEND SECTION 59-65-470, RELATING TO THE AUTHORITY OF THE WIL LOU GRAY OPPORTUNITY SCHOOL TO OBTAIN FROM SCHOOL DISTRICTS THE CONTACT INFORMATION OF STUDENTS WHO HAVE LEFT OR INTEND TO LEAVE SCHOOL BEFORE GRADUATION, SO AS TO PROVIDE SCHOOL DISTRICTS SHALL SOLICIT WRITTEN PARENTAL CONSENT TO PROVIDE SUCH INFORMATION TO THE SCHOOL FOR THE LIMITED PURPOSE OF ENABLING IT TO INFORM THE STUDENTS OF ITS ACADEMIC AND VOCATIONAL TRAINING PROGRAMS, TO PROVIDE DISTRICTS ONLY MAY PROVIDE SUCH INFORMATION UPON RECEIPT OF PARENTAL CONSENT, TO PROVIDE SCHOOL DISTRICTS SHALL PROVIDE SUCH INFORMATION WITHIN A CERTAIN TIMEFRAME FOLLOWING RECEIPT OF PARENTAL CONSENT, TO PROVIDE PARENTS MAY REVOKE THEIR CONSENT, AND TO PROVIDE MEANS FOR REDRESSING NONCOMPLIANCE BY SCHOOL DISTRICTS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3242 (Word version) (COUNCIL\WAB\3242C001. RT.WAB22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 59-65-470 of the 1976 Code is amended to read:
"Section 59-65-470. To enable the Wil Lou Gray Opportunity School to inform dropouts of the school's academic and vocational training programs, the school is authorized to contact the attendance supervisors or principals at the various high schools or school districts of this State at reasonable intervals for the purpose of receiving access to the names and addresses of students reported by the supervisors and principals to be dropouts, and the attendance supervisors and principals must supply this information to the Wil Lou Gray Opportunity School The State Department of Education shall create, publish, and provide to all public schools in the State a list of alternative education programs that can award a high school degree or high school equivalency credential. The list must include, but not be limited to, the Wil Lou Gray Opportunity School and the South Carolina Youth Challenge Academy. As part of each student's annual review of his Individualized Graduation Plan, school counselors shall distribute information provided by the Wil Lou Gray Opportunity School, the South Carolina Youth Challenge Academy, and any other alternative education program to students who are not on track for on-time graduation or who otherwise are at risk of dropping out of school. School counselors shall provide those institutions the names and addresses of all students who are not on track for on-time graduation except for students who have opted out of disclosure of directory information under the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g. Parents or students age eighteen or older may complete a form to opt the student out of the disclosure of student contact information with these institutions. The department shall develop this opt out and each district shall make the form available on its website." /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
H. 3242 (Word version) implements a recommendation from the House Legislative Oversight Committee's study of Wil Lou Gray Opportunity School.
The following Bill was taken up:
H. 3337 (Word version) -- Reps. G. M. Smith, Pope, Forrest, B. Cox, Yow, Dabney, Brawley, King, Gilliard, Jefferson, Howard, S. Williams, Bustos, B. Newton, Carter, W. Newton, Erickson, Blackwell, Oremus, Taylor, Hixon, Davis and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "MILITARY TEMPORARY REMOTE SCHOOL ENROLLMENT ACT" BY ADDING SECTION 59-63-33 SO AS TO PROVIDE PUBLIC SCHOOL PUPILS COMPLY WITH SCHOOL ENROLLMENT REQUIREMENTS IF THEIR PARENTS ARE TRANSFERRED TO OR ARE PENDING TRANSFER TO MILITARY INSTALLATIONS IN THIS STATE WHILE ON ACTIVE MILITARY DUTY PURSUANT TO OFFICIAL MILITARY ORDERS, TO PROVIDE SCHOOL DISTRICTS SHALL ACCEPT APPLICATIONS FOR ENROLLMENT AND COURSE REGISTRATION FROM SUCH PUPILS BY ELECTRONIC MEANS, TO PROVIDE PARENTS OF SUCH STUDENTS SHALL PROVIDE CERTAIN PROOF OF RESIDENCE WITHIN TEN DAYS AFTER THE ARRIVAL DATE, TO PROVIDE THE PROVISIONS OF THIS ACT APPLY NOTWITHSTANDING ANOTHER PROVISION OF LAW, TO PROVIDE AMBIGUITIES IN CONSTRUING THE PROVISIONS OF THIS ACT MUST BE RESOLVED IN FAVOR OF ENROLLMENT, AND TO DEFINE NECESSARY TERMINOLOGY.
Rep. FELDER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde J. L. Johnson K. O. Johnson Jones King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. HIXON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5051 (Word version) -- Reps. Rivers, 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, Gilliam, 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, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, 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, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE JAYLEN ROBERTS OF BEAUFORT COUNTY ON BEING AWARDED A USDA/1890 SCHOLARSHIP FOR 2021, TO RECOGNIZE HIM FOR HIS EXCEPTIONAL ACADEMIC AND ATHLETIC ACHIEVEMENTS, AND TO WISH HIM THE VERY BEST AS HE PURSUES HIS STUDIES AT SOUTH CAROLINA STATE UNIVERSITY.
The Resolution was adopted.
The following was introduced: H. 5053 (Word version) -- Rep. S. Williams: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JOYCE ELISE DEWITT HORRES OF VARNVILLE, TO CELEBRATE HER LIFE, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5058 (Word version) -- Reps. Murray, Gilliard, 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, Gilliam, 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, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, 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, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE BISHOP FREDERICK CALHOUN JAMES, THEOLOGIAN AND CIVIL RIGHTS LEADER, ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS CELEBRATION AND YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5050 (Word version) -- Reps. Gagnon and West: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF SOUTH CAROLINA HIGHWAY 81 IN ABBEVILLE COUNTY WITH GPS COORDINATES 34.09244, -82.598032 AND 34.116944, -82.596181 "JUDGE HAROLD C. DIXON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5052 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF WASHINGTON LANE AND MARTIN AVENUE IN THE TOWN OF ESTILL IN HAMPTON COUNTY "LOUISE G. HOPKINS INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5054 (Word version) -- Reps. Fry, Davis, Jones, Haddon, Yow, Burns, Pope, Wetmore, May, Dabney, Bennett, Caskey, Trantham, Elliott, T. Moore, Nutt, McGarry, Gilliam, Forrest, Carter, McCravy, Calhoon, Huggins, McCabe, Chumley, Matthews, Daning, Gagnon, Jordan, Lowe, D. C. Moss, West and Wooten: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-16-57 SO AS TO PROVIDE THAT THE RETIREMENT INVESTMENT COMMISSION MAY NOT INVEST PUBLIC EMPLOYEE RETIREMENT FUNDS IN CERTAIN COMPANIES OWNED, IN WHOLE OR IN PART, BY RUSSIA; BY ADDING SECTION 13-1-55 SO AS TO PROHIBIT THE DEPARTMENT OF COMMERCE FROM OFFERING OR AWARDING INCENTIVES TO CERTAIN COMPANIES OWNED OR CONTROLLED BY RUSSIA, AND TO PROHIBIT ANY COMPANY RECEIVING AN INCENTIVE FROM CONTRACTING WITH SUCH PROHIBITED COMPANIES; AND TO AMEND SECTION 11-9-660, RELATING TO THE INVESTMENT OF STATE FUNDS, SO AS TO PROHIBIT THE STATE TREASURER FROM INVESTING IN CERTAIN COMPANIES OWNED OR CONTROLLED BY RUSSIA OR WHOSE PRINCIPAL PLACE OF BUSINESS IS LOCATED WITHIN RUSSIA.
Referred to Committee on Judiciary
H. 5055 (Word version) -- Reps. Fry, May, Dabney, Bennett, Jones, Trantham, Nutt, Long, Forrest, Carter, Wooten, Bailey, McGarry, Haddon, McCravy, Chumley, Caskey, Huggins, McCabe, Wetmore, Burns, Gilliam, Yow, Matthews, Pope, Jordan, Bustos, Daning, Gagnon, Lowe, Lucas and West: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-90 SO AS TO PROVIDE THAT A RETAIL DEALER MAY NOT SELL ALCOHOLIC LIQUOR THAT WAS MANUFACTURED OR PRODUCED IN RUSSIA.
Referred to Committee on Judiciary
H. 5056 (Word version) -- Reps. Forrest, McCravy and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 30, TITLE 44 SO AS TO REQUIRE HEALTH CARE PROFESSIONALS TO NOTIFY CERTAIN AUTHORIZED INDIVIDUALS IF A PATIENT IS AT RISK OF HARMING HIMSELF OR OTHERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5057 (Word version) -- Reps. Simrill, Pope and Erickson: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE INTERNAL REVENUE CODE TO STATE INCOME TAX LAWS, SO AS TO UPDATE THE REFERENCE TO THE INTERNAL REVENUE CODE TO THE YEAR 2021 AND TO PROVIDE THAT IF THE INTERNAL REVENUE CODE SECTIONS ADOPTED BY THIS STATE ARE EXTENDED, THEN THESE SECTIONS ALSO ARE EXTENDED FOR SOUTH CAROLINA INCOME TAX PURPOSES.
Referred to Committee on Ways and Means
The following Bill was taken up: S. 912 (Word version) -- Senator Stephens: A BILL TO AMEND ACT 593 OF 1992, AS AMENDED, RELATING TO THE LIMIT ON CASH RESERVES THAT MAY BE MAINTAINED BY DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4, SO AS TO PROVIDE THAT THE LIMIT ON CASH RESERVES DOES NOT APPLY TO DORCHESTER COUNTY SCHOOL DISTRICT 4 IN FISCAL YEAR 2021-2022.
Rep. GILLIARD moved to adjourn debate on the motion to reconsider until Wednesday, March 2, which was agreed to.
The following Bill was taken up:
H. 4538 (Word version) -- Reps. Whitmire, Bustos, Forrest and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-320 SO AS TO PROHIBIT THE UNLAWFUL REMOVAL OR DESTRUCTION OF AN ELECTRONIC COLLAR OR OTHER ELECTRONIC DEVICE PLACED ON A DOG BY ITS OWNER TO MAINTAIN CONTROL OF THE DOG.
Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, March 2, which was agreed to.
The following Bill was taken up:
H. 4946 (Word version) -- Reps. Haddon, Ligon, Magnuson, Burns, Forrest, Jones and Yow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2125 SO AS TO PLACE CERTAIN CONDITIONS ON THE MANNER IN WHICH ELIGIBILITY FOR CERTAIN SALES TAX EXEMPTIONS ARE DETERMINED.
Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, March 2, which was agreed to.
The following Bill was taken up: H. 4618 (Word version) -- Rep. Morgan: A BILL TO AMEND SECTION 56-5-2720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING CERTAIN VEHICLES TO STOP BEFORE CROSSING ANY RAILROAD TRACKS, SO AS TO REVISE THE TYPES OF VEHICLES SUBJECT TO THIS SECTION, AND TO DEFINE THE TERM "BUS".
Rep. ALLISON 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.
The following Bill was taken up:
S. 947 (Word version) -- Senators Grooms, Climer and Garrett: A BILL TO AMEND SECTION 56-23-20 OF THE 1976 CODE, RELATING TO DRIVER TRAINING SCHOOLS, TO PROVIDE THAT ASSOCIATIONS FORMED BY GROUPS OF ELECTRIC COOPERATIVES PURSUANT TO SECTION 33-49-160 ARE PERMITTED TO PROVIDE DRIVER EDUCATION TRAINING.
Rep. MATTHEWS 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.
The following Bill was taken up:
H. 3600 (Word version) -- Reps. Ott, Taylor, Forrest, Gagnon, Caskey, McCabe, Atkinson, Rivers, S. Williams, Jefferson, R. Williams, Kirby, Yow, Gilliam, Hardee and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-2-140 SO AS TO DEFINE THE TERM "UTILITY TERRAIN VEHICLE" AND PROVIDE FOR THE REGISTRATION AND OPERATION OF THEM ON THE HIGHWAYS AND STREETS OF THE STATE.
Rep. OTT 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.
The following Bill was taken up:
H. 4319 (Word version) -- Reps. Calhoon, Huggins, Erickson, McCabe, Henderson-Myers, Crawford, Oremus, Henegan, McGarry, Matthews, Dillard, Allison, Bernstein, McDaniel, Murray, Felder, Bennett, R. Williams, Jefferson, Alexander and Kirby: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-88 SO AS TO PROVIDE UPON THE REQUEST OF A PERSON, THE DEPARTMENT OF MOTOR VEHICLES MUST ISSUE A REAL ID COMPLIANT DRIVER'S LICENSE THAT CONTAINS THE PERSON'S NAME AS IT APPEARS ON HIS CURRENT DRIVER'S LICENSE.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4319 (Word version) (COUNCIL\CM\4319C002. GT.CM22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-90 of the 1976 Code is amended to read:
"(A) The Department of Motor Vehicles may require every applicant to submit for identification purposes proof of name, Social Security number, and date and place of birth when applying for a driver's license acceptable evidence when applying for or renewing a driver's license, beginner's permit, or identification card that proves the applicants:
(1) date of birth;
(2) place of birth;
(3) gender;
(4) Social Security number;
(5) principal residential address;
(6) full legal name;
(7) when applicable, legal name change; and
(8) when applicable, authorized length of stay in the United States.
An applicant for a driver's license, driver's permit, or special identification card or a renewal thereof may sufficiently prove may prove sufficiently the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any document or electronic means considered reliable by the Department of Motor Vehicles, so long as that document or electronic mean does not conflict with other provisions of state or federal law. Such a document includes, but is not limited to, an official Social Security card, Social Security check, Social Security form SSA-1099, letter from the Social Security Administration, voter registration card, payroll stub, or Federal W-2 form. The numbers also may be obtained from the Department of Revenue pursuant to Section 12-54-240(B)(7), which permits the Department of Revenue to submit taxpayer Social Security numbers to the Department of Motor Vehicles and to the State Election Commission.
This section does not prevent issuance of a driver's license or identification card to a foreign exchange student participating in a valid foreign exchange program.
(B) The department may require applicants to submit acceptable documents in other circumstances if those documents are not already on file with the department.
(C) In the case of a name change that occurred after the applicant's birth, an applicant must present documentation to the department to show name traceability, in addition to the items in subsection (A) if not already on file with the department:
(1) a court order issued pursuant to Chapter 49 of Title 15 or an equivalent court order issued by a foreign jurisdiction;
(2) a marriage license issued pursuant to Chapter 1 of Title 20 signed by the official that performed the wedding ceremony and signed by both parties to the marriage, or an equivalent marriage license issued by a foreign jurisdiction. An applicant only is entitled to use a marriage license one time per marriage to change his middle name, last name, or both with the department. A marriage license cannot be used to change an applicant's first name;
(3) a change of name allowance following a divorce pursuant to Section 20-3-180 or an equivalent change of name document following a divorce issued by a foreign jurisdiction; or
(4) an unexpired, United States Passport or Passport Card that includes the applicant's full legal name.
If any one of the above documents does not show a link to the applicant's evidence of full legal name, the department may require the applicant to submit more than one document to show traceability from the applicant's original name to his current name.
(D) If an applicant is applying for a permit, driver's license, or identification card that will be issued with a name other than what is presented to the department pursuant to subsection (A), the department may issue any driver's license or identification card in the applicant's preferred name if the applicant presents to the department at least three different documents, acceptable to the department, showing the applicant's full name with the preferred name being the one used for at least fifteen years. These three documents must be in addition to the documents prescribed in subsection (A), and must, at the department's discretion, show a reasonable link to the documents prescribed in subsection (A).
(E) If an applicant is applying for a permit, driver's license, or identification card under the provisions of subsections (C) or (D), the applicant's social security number must be validated with the Social Security Administration using the applicant's preferred and full name presented to the department before the department may issue a driver's license, permit, or identification card to the applicant.
(F) In the case of the social security number not validating, the department shall not issue any type of REAL ID permit, license, or identification card."
SECTION 2. Section 56-1-140(A) of the 1976 Code is amended to read:
"(A) Upon payment of a fee of twenty-five dollars for a license that is valid for eight years, the department shall issue to every qualified applicant a driver's license as applied for by law. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, residence address, a brief description and laminated colored unobstructed photograph of the licensee licensee's face, any marking otherwise required or in compliance with law, and a facsimile of the signature of the licensee. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license." /
Renumber sections to conform.
Amend title to conform.
Rep. TRANTHAM explained the amendment.
The amendment was then adopted.
Rep. BAMBERG 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.
Rep. HIOTT moved to waive rule 5.10, pursuant to rule 5.15.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Haddon Hardee Hart Henegan Herbkersman Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones King Kirby Ligon Long Lucas May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer G. R. Smith M. M. Smith Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, Rule 5.10 was waived, pursuant to Rule 5.15.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones King Kirby Ligon Long Lucas May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Rose Rutherford Sandifer Simrill G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Bamberg
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4220 (Word version) -- Reps. Sandifer, Hardee and Murray: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-230 SO AS TO PROVIDE FOR MUTUAL RESCISSION OF INDIVIDUAL LIFE INSURANCE POLICIES; AND TO AMEND SECTION 38-6-220, RELATING TO REQUIRED INDIVIDUAL LIFE INSURANCE POLICY PROVISIONS, SO AS TO ALLOW FOR THE MUTUAL DECISION TO TERMINATE OR RESCIND A POLICY OF INSURANCE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4220 (Word version) (COUNCIL\PH\4220C002. JN.PH22):
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. Article 3, Chapter 63, Title 38 of the 1976 Code is amended by adding:
"Section 38-63-230. (A) An insurer may rescind a life insurance policy within the two-year contestability period in Section 38-63-220(d) by:
(1) a mutual rescission agreement executed by all parties based on false statements included in the application; or
(2) proving a fraudulent or material misrepresentation by clear and convincing evidence in a court of competent jurisdiction.
(B) Mutual rescission of a policy may be accomplished by:
(1) mailing a certified letter to the last known address on record of the insured, policy owner or, if the owner is deceased, the beneficiary, notifying the insured, policy owner, or beneficiary that the insurer is seeking a mutual rescission of the policy. The letter must state the policy is being rescinded for false statements included in the application and include the important notice language set forth in subsection (C). The letter must also specify which statements in the application were false along with a brief explanation of the facts supporting the determination that the statements were false;
(2) including a check reimbursing the insured, policy owner, or beneficiary the premium paid to the insurer with language stamped on the back of the check that reads: 'I understand that cashing or depositing this check voids the policy and no benefits will be payable under the policy and am agreeing to the rescission of this policy'; and
(3) signing and cashing or depositing the premium reimbursement check by the insured, policyowner, or beneficiary, which will be deemed an acceptance of the proposed mutual rescission of the policy.
(C) Any certified letter proposing the rescission of a life insurance policy during the contestability period must include the following language in 12-point bold face type:
'IMPORTANT NOTICE:
You are the insured, owner, or beneficiary of an insurance policy the company proposes to rescind. This letter is notice the company seeks your consent to void and rescind the policy issued to you or that names you as a beneficiary based on false statements made in the application for insurance. If rescinded, the policy is void and no benefits will be payable under the policy. You do not have to agree to the rescission of this policy. If you do not agree, do not cash or deposit the enclosed check. Return it to the insurer or destroy it.
By cashing or depositing the enclosed premium reimbursement check, you are agreeing to rescind this policy. No benefits will be due or payable under the voided policy. If you do not agree to rescind this policy, the insurer has the right, in its sole discretion, to bring a court action to rescind the policy in accordance with South Carolina law.
You also have the right to bring an action in court if your policy is canceled or your claim for benefits is denied for material misrepresentation.
You may want to speak with an attorney about this notice. If you have any questions concerning this proposal, either you or your attorney may contact the insurer at the number listed in the letter.
Information regarding the specific misrepresentation that was made in your policy and a brief explanation of the insurer's determination that the representation is false is included with this letter.'
(D) Insurance policies that are guaranteed issue or are not underwritten are not subject to mutual rescission."
SECTION 2. Section 38-63-220(d) of the 1976 Code is amended to read:
"(d) a provision that the policy and any rider or supplemental benefits attached to the policy are incontestable as to the truth of the application for insurance and to the representations of the insured individual after they have been in force during the lifetime of the insured for a period of two years from their date of issue. Any rider or supplemental benefits subsequently attached to the policy are incontestable as to the truth of the application for the rider or supplemental benefits and to the representations of the insured individual after they have been in force during the lifetime of the insured for a period of two years from their date of issue. If an insurer initiates a mutual rescission or institutes proceedings to vacate a policy on the ground of the falsity of the representations contained in the application for the policy, the proceedings or mutual rescission must commence within the time permitted in this subsection;"
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARDEE explained the amendment. Reps. WHEELER, WEEKS, STAVRINAKIS, WETMORE, K. O. JOHNSON, DANING, GARVIN, TEDDER, FINLAY, S. WILLIAMS, MCCRAVY, HERBKERSMAN, BERNSTEIN, J. MOORE, HENDERSON-MYERS, MCDANIEL, KING, GILLIARD, PENDARVIS, BRAWLEY, HOWARD, HOSEY, HENEGAN, ALEXANDER, MAGNUSON, POPE, FELDER, MCKNIGHT, BRYANT, T. MOORE, DABNEY, HIXON, CARTER and MAY requested debate on the Bill.
The following Bill was taken up:
H. 4839 (Word version) -- Reps. Jefferson, S. Williams, Rivers, Govan, R. Williams, Sandifer and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-110 SO AS TO PROHIBIT ISSUERS OF INDIVIDUAL LIFE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING ORGAN DONORS; BY ADDING SECTION 38-65-130 SO AS TO PROHIBIT ISSUERS OF GROUP LIFE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING ORGAN DONORS; BY ADDING SECTION 38-71-105 SO AS TO PROHIBIT ISSUERS OF DISABILITY INCOME INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING ORGAN DONORS; BY ADDING SECTION 38-72-110 SO AS TO PROHIBIT ISSUERS OF LONG-TERM CARE INSURANCE POLICIES FROM DISCRIMINATING AGAINST LIVING ORGAN DONORS; AND BY ADDING SECTION 41-1-140 SO AS TO REQUIRE EMPLOYERS TO EXTEND BENEFITS OF THE FAMILY MEDICAL LEAVE ACT OF 1993 TO INDIVIDUALS UNDERGOING SURGERY RELATED TO ORGAN DONATION.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4839 (Word version) (COUNCIL\PH\4839C003. JN.PH22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting language and inserting:
/ SECTION 1. This act may be cited as the "Living Donor Protection Act".
SECTION 2. Article 1, Chapter 63, Title 38 of the 1976 Code is amended by adding:
"Section 38-63-110. (A) Notwithstanding another provision of law, an individual life insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any life insurance policy solely due to the status of such person as a living organ donor;
(2) preclude an insured from donating all or part of an organ as a condition of continuing to receive a life insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Life insurance policy' means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(2) 'Living organ donor' means an individual who has donated all or part of his organ and is not deceased."
SECTION 3. Article 1, Chapter 65, Title 38 of the 1976 Code is amended by adding:
"Section 38-65-130. (A) Notwithstanding another provision of law, a group life insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any life insurance policy solely due to the status of such person as a living organ donor;
(2) preclude an insured from donating all or part of an organ as a condition of continuing to receive a life insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Life insurance policy' means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured.
(2) 'Living organ donor' means an individual who has donated all or part of an organ and is not deceased."
SECTION 4. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-105. (A) Notwithstanding another provision of law, a disability income insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any disability income insurance policy solely due to the status of such person as a living organ donor;
(2) preclude an insured from donating all or part of an organ as a condition of continuing to receive a disability income insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a disability income insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section:
(1) 'Disability income insurance policy' means a contract under which an entity promises to pay an insured a sum of money in the event that an illness or injury resulting in a disability prevents the insured from working.
(2) 'Living organ donor' means an individual who has donated all or part of an organ and is not deceased."
SECTION 5. Chapter 72, Title 38 of the 1976 Code is amended by adding:
"Section 38-72-110. (A) Notwithstanding another provision of law, a long term care insurance policy issued in this State, may not:
(1) decline or limit coverage of a person under any long term care insurance policy solely due to the status of such person as a living organ donor;
(2) preclude an insured from donating all or part of an organ as a condition of continuing to receive a long term care insurance policy; or
(3) discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a long term care insurance policy for a person, based solely and without any additional actuarial risks upon the status of such person as a living organ donor.
(B) The Department of Insurance may take actions to enforce subsection (A) as authorized under this title.
(C) For purposes of this section: (1) 'Long term care insurance policy' means a contract for which the only insurance protection provided under the contract is coverage of qualified long term care services.
(2) 'Living organ donor' means an individual who has donated all or part of an organ and is not deceased."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. HARDEE explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones King Kirby Ligon Long Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. R. Smith M. M. Smith Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 3729 (Word version) -- Reps. Sandifer and Cogswell: A BILL TO AMEND SECTION 16-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION, SO AS TO PROVIDE THAT ONLY CERTAIN STORAGE COSTS MAY BE CHARGED TO THE OWNER AND LIENHOLDER OF A VEHICLE FOUND PARKED ON PRIVATE PROPERTY WITHOUT PERMISSION; TO AMEND SECTION 29-15-10, RELATING TO LIENS FOR STORAGE, SO AS TO PROHIBIT THE COLLECTION OF STORAGE COSTS BY A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP PRIOR TO THE PERSON SENDING NOTICE TO THE OWNER AND LIENHOLDER; TO AMEND SECTION 56-5-5630, RELATING TO PAYMENTS FOR THE RELEASE OF ABANDONED VEHICLES, SO AS TO PROVIDE THAT A TOWING COMPANY AND STORAGE FACILITY MAY NOT CHARGE ANY STORAGE COSTS BEFORE NOTICE IS SENT TO THE OWNER AND LIENHOLDER; TO AMEND SECTION 56-5-5635, RELATING TO LAW ENFORCEMENT TOWING AND STORAGE PROCEDURES, SO AS TO PROVIDE THAT A TOWING COMPANY, STORAGE FACILITY, GARAGE, OR REPAIR SHOP MAY NOT CHARGE ANY STORAGE COSTS BEFORE NOTICE IS SENT TO THE OWNER AND LIENHOLDER; AND TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO PROVIDE A REFERENCE.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3729 (Word version) (COUNCIL\CM\3729C001. GT.CM22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-11-760(B) of the 1976 Code is amended to read:
"(B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, subject to the limitations on allowed storage charges set forth in Section 29-15-10, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525."
SECTION 2. Section 29-15-10(A)(B), (C), (D), and (E) of the 1976 Code is amended to read:
"(A) A proprietor, an owner, or an operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or furnishes any material for repairs to an article may sell the article at public auction to the highest bidder if:
(1) the article has been left at the shop for repairs or storage and the repairs have been completed or the storage contract has expired;
(2) the article has been continuously retained in his possession; and
(3) thirty days have passed since written notice was given to the owner of the article and to any lienholder by registered or certified mail, return receipt requested, or certified mail with electronic tracking that the repairs have been completed or the storage contract has expired.
The article must be sold by a magistrate of the county in which the repairs were done or the article was stored.
(B) Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the article. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed. A proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or furnishes materials for repairs to an article may charge the owner and lienholder for only such storage costs that accrue for a maximum period of seven (7) business days before notice of the location of the article is sent by registered or certified mail, return receipt requested, or certified mail with electronic tracking to the owner and lienholders of the article. No other storage costs can be charged to the owner or lienholders for such time period before the notice of the location of the article is sent to the owner and lienholders. The notice must be sent within five business days after receiving the owner's and lienholder's identities from the search required in subsection (C). The notice must include a description of the article and the amount of daily storage costs that will accrue after the notice is sent. A proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or furnishes materials for repairs to an article may charge the owner and lienholders storage costs that accrue for the time period after such notice is sent as required herein.
(C)(1) Before the article is sold, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article must apply to the appropriate titling facility for the name and address of any owner or lienholder. including The appropriate titling facility may include, but is not limited to,:
(a) the Department of Motor Vehicles;
(b) a vendor authorized by the DMV to provide real-time access to title and lienholder information;
(c) if the vehicle is not titled in South Carolina, a vendor authorized to provide title and lienholder information from the State of last title as revealed in a search of the National Motor Vehicle Title Information System (NMVTIS);
(d) a vendor authorized by that State to provide real-time access to the most current title and lienholder information; or
(e) the Department of Natural Resources, for the name and address of any owner or lienholder.
(2) For nontitled articles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the article has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the article is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may apply to the sheriff or chief of police in the jurisdiction where the article is stored to determine the state where the article is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the article's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs the name of the state in which the article is titled.
(D) The magistrate, before selling the article, shall ensure that the owner or any lienholder of record has been notified of the pending sale. The magistrate must advertise the article for at least fifteen days by posting a notice in three public places in his township. The magistrate must pay to the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article the money due, receiving a receipt in return. Any remainder of the sale proceeds must be held by the magistrate for the owner of the vehicle or entitled lienholder for ninety days. The magistrate must notify the owner and all lienholders by certified or registered or certified mail, return receipt requested, or certified mail with electronic tracking, that the article owner or lienholder has ninety days to claim the proceeds from the sale of the article. If the article proceeds are not collected within ninety days from the day after the notice to the owner and all lienholders is mailed, then the article proceeds must be deposited in the general fund of the county or municipality.
(E) A proprietor, an owner, or an operator of the towing company, storage facility, garage, or repair shop, or any person who repairs or who furnishes material for repairs to the article may hold the license tag of any vehicle until all towing and storage costs allowed under this section have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold."
SECTION 3. Section 56-5-5630(A), (B), and (C) of the 1976 Code is amended to read:
"(A)(1) For purposes of this article, 'vehicle' means a motor vehicle, trailer, mobile home, watercraft, or any other item or object that is subject to towing and storage, and applies to any vehicle in custody at the time of the enactment of this section. 'Vehicle' includes:
(a) items that are towed and left in the possession of a towing, storage, garage, or repair facility;
(b) contents contained in the vehicle; and
(c) personal property affixed to the vehicle.
Storage costs for those vehicles in custody at the time of the enactment of this section must not exceed sixty days.
(2) When an abandoned vehicle has been taken into custody, the towing company and storage facility having towed and received the vehicle shall notify by registered or certified mail, return receipt requested, the last known registered owner of the vehicle and all lienholders of record that the vehicle has been taken into custody. Notification of the owner and all lienholders by certified or registered or certified mail, return receipt requested, or certified mail with electronic tracking constitutes notification for purposes of this section. This notification must satisfy the notification requirements contained in Section 29-15-10. The notice must:
(a) give a description of the year, make, model, and identification number of the vehicle;
(b) set forth the location where the vehicle is being held;
(c) inform the owner and all lienholders of the right to reclaim the vehicle within thirty days beginning the day after the notice is mailed by registered or certified mail, return receipt requested, or certified mail with electronic tracking upon payment of all towing, preservation, the storage charges allowable pursuant to Section 29-15-10(B), notification, publication, and court costs resulting from placing the vehicle in custody; and
(d) state that the failure of the owner and all lienholders to exercise their right to reclaim the vehicle within the time provided is considered a waiver by the owner and lienholders of all rights, title, and interest in the vehicle and is considered as their consent to the sale of the vehicle at a public auction. If a vehicle has been towed pursuant to the provisions of this section, the towing company and storage facility must accept as payment for the release of the vehicle the same manner of payment that they would accept if the owner of the vehicle had requested his vehicle towed.
(B) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered or certified mail, return receipt requested, or certified mail with electronic tracking, and must have the same contents required for a notice by registered or certified mail.
(C) A lienholder is not subject to a criminal penalty imposed by law in this State for abandonment unless the vehicle is abandoned by the lienholder or his agent or if a false statement or report to a law enforcement officer is made as provided by Section 16-17-722. The owner of a vehicle which has been stolen, whether or not the vehicle was subsequently abandoned, is liable for:
(1) actual recovery and towing charges; and
(2) only the storage costs that accrue beginning seven days after the vehicle was towed allowable pursuant to Section 29-15-10(B).
The law enforcement agency must, within two business days after the vehicle's towing, notify the owner that the vehicle has been recovered, provide the owner with the location of the vehicle, and explain that daily storage charges will may begin to accrue if the vehicle is not reclaimed within seven days of the towing date.
A vehicle is considered to be stolen when the registered owner notifies a police officer and files a report which is accepted and placed on the records of the sheriff or chief of police as a stolen vehicle. The law enforcement agency that requested the tow must provide the towing company and storage facility, at no cost to the towing company and storage facility, the owner's name and address. A law enforcement agency is not liable for any costs or fees associated with the towing and storage of a vehicle as provided by this section."
SECTION 4. Section 56-5-5635 of the 1976 Code is amended to read:
"(A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction. A request by a law enforcement officer resulting from a law enforcement action including, but not limited to, a vehicle collision, vehicle breakdown, or vehicle recovery incident to an arrest, is considered a law enforcement towing for purposes of recovering costs associated with the towing and storage of the vehicle unless the request for towing is made by a law enforcement officer at the direct request of the owner or operator of the vehicle.
(B) Within ten days following a law enforcement's towing request, the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop must provide to the sheriff or chief of police a list describing the vehicles remaining in the possession of the proprietor, owner, or operator of any towing company, storage facility, garage, or repair shop. A person who fails to provide the law enforcement agency with this list forfeits recovery of any storage fees that have accrued from the date of towing until the day after the mailing of the notification to the owner and all lienholders by certified or registered mail, return receipt requested, pursuant to Section 29-15-10. Within ten days of receipt of this list, the sheriff or chief of police must provide to the towing company or storage facility, the current owner's name, address, and a record of all lienholders along with the make, model, and identification number or a description of the vehicle at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop having towed or received the vehicle must notify by registered or certified mail, return receipt requested, or certified mail with electronic tracking the last known registered owner and all lienholders of record that the vehicle has been taken into custody, pursuant to Section 29-15-10.
(C) If the identity of the last registered owner cannot be determined, or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must provide notice by one publication in one newspaper of general circulation in the area from which the vehicle was abandoned which is sufficient to meet all requirements of notice pursuant to this article. The notice by publication may contain multiple listings of abandoned vehicles.
(D)(1) Before a vehicle is sold, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must apply to the appropriate titling facility for the name and address of any owner or lienholder. including The appropriate titling facility may include, but is not limited to,:
(a) the Department of Motor Vehicles;
(b) a vendor authorized by the DMV to provide real-time access to title and lienholder information;
(c) if the vehicle is not titled in South Carolina, a vendor authorized to provide title and lienholder information from the State of last title as revealed in a search of the National Motor Vehicle Title Information System (NMVTIS);
(d) a vendor authorized by that State to provide real-time access to the most current title and lienholder information; or
(e) the Department of Natural Resources, for the name and address of any owner or lienholder.
(2) For nontitled vehicles, where the owner's name is known, a search must be conducted through the Secretary of State's Office to determine any lienholders. The application must be on prescribed forms as required by the appropriate titling facility or the Secretary of State. If the vehicle has an out-of-state registration, an application must be made to that state's appropriate titling facility. When the vehicle is not titled in this State and does not have a registration from another state, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored to determine the state where the vehicle is registered. The sheriff or chief of police shall conduct a records search. This search must include, but is not limited to, a search on the National Crime Information Center and any other appropriate search that may be conducted with the vehicle's identification number. The sheriff or chief of police must supply, at no cost to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the name of the state in which the vehicle is titled.
(E) The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop that has towed and stored a vehicle has a lien against the vehicle and may have the vehicle sold at public auction pursuant to Section 29-15-10. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may hold the license tag of any vehicle until all towing and the storage costs have been paid, or if the vehicle is not reclaimed, until it is declared abandoned and sold. Storage costs may be charged that have accrued before the notification of the owner and lienholder, by certified or registered mail, of the location of the vehicle. Notification to the owner and lienholder by the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must occur within five days, after receiving the owner's and lienholders' identities from the appropriate law enforcement agency. If the notice is not mailed within this period, storage costs after the five-day period must not be charged until the notice is mailed. If the vehicle is not reclaimed within thirty days after the day the notice is mailed, return receipt requested, the vehicle is considered abandoned and may be sold by the magistrate pursuant to the procedures set forth in Section 29-15-10.
(F) After the vehicle is in the possession of the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, the owner of the vehicle as demonstrated by providing a certificate of registration has one opportunity to remove from the vehicle any personal property not attached to the vehicle. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must release any personal property that does not belong to the owner of the vehicle to the owner of the personal property.
(G) When a law enforcement agency stores a vehicle at a law enforcement facility, the agency must follow the notification procedures contained in this section and submit vehicle information to a magistrate in the county where the vehicle is stored to provide for the sale of the vehicle at public auction. A law enforcement agency is exempt from paying filing fees in any matter related to the towing and storing of a vehicle."
SECTION 5. Section 56-5-5640 of the 1976 Code is amended to read:
"If an abandoned vehicle has not been reclaimed pursuant to Section 56-5-5630, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may have the abandoned vehicle sold at a public auction pursuant to Section 29-15-10. The vehicle's purchaser shall take title to the vehicle free and clear of all liens and claims of ownership, shall receive a magistrate's order of sale, and is entitled to register the purchased vehicle and receive a certificate of title. The Office of Court Administration shall design a uniform magistrate's order of sale for purposes of this section, Section 56-5-5670, and Section 56-5-5945, and shall make the order available for distribution to the magistrates. The magistrate's order of sale given at the sale must be sufficient title for purposes of transferring the vehicle to a demolisher or secondary metals recycler for demolition, wrecking, or dismantling, and in such case no further titling of the vehicle is necessary. The expenses of the auction, the costs of towing, preserving, and storing the vehicle allowed under Section 29-15-10(B) which resulted from placing the vehicle in custody, and all notice and publication costs incurred pursuant to Section 29-15-10 must be reimbursed up to the amount of the auction sale price from the vehicle's sale proceeds. The remaining sale proceeds must be held for the vehicle's owner or entitled lienholder for ninety days. The magistrate shall notify the vehicle's owner and all lienholders by certified or registered mail, return receipt requested, that the vehicle's owner or lienholder has ninety days to claim the proceeds from the vehicle's sale. If the vehicle's proceeds are not collected within ninety days from the day after the notice to the vehicle's owner and all lienholders is mailed, then the vehicle's proceeds must be deposited in the county or municipality's general fund."
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COGSWELL explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Henderson-Myers Henegan Herbkersman Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones King Kirby Ligon Long Lucas Magnuson Matthews May McCravy McDaniel McGarry McGinnis McKnight T. Moore Morgan D. C. Moss V. S. Moss Murray W. Newton Nutt Oremus Ott Pendarvis Pope Rivers Rose Rutherford Sandifer Simrill G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Weeks West Wetmore Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: H. 4983 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO DEFINE THE TERM "RESERVATION DEPOSIT"; TO AMEND SECTION 37-11-30, RELATING TO THE LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO ADD THAT A CONTINUING CARE RETIREMENT COMMUNITY MUST NOT BE ADVERTISED OR COLLECT A RESERVATION DEPOSIT UNLESS THE APPROPRIATE LICENSE IS OBTAINED FIRST, AND TO ADD INFORMATION REQUIRED TO BE SET FORTH IN AN APPLICATION FOR A PRELIMINARY LICENSE; TO AMEND SECTION 37-11-35, RELATING TO CONTINUING CARE CONTRACT REQUIREMENTS, SO AS TO PROVIDE THE REQUIREMENTS ALSO APPLY TO RESERVATION AGREEMENTS, AND TO PROVIDE ADDITIONAL MINIMUM REQUIREMENTS FOR CONTRACTS AND AGREEMENTS; TO AMEND SECTION 37-11-40, RELATING TO A DETERMINATION BY THE DEPARTMENT OF CONSUMER AFFAIRS AS TO THE FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR A CONTINUING CARE RETIREMENT COMMUNITY LICENSE, SO AS TO ALLOW THE DEPARTMENT TO CONSIDER A PROJECT FEASIBILITY DOCUMENT; TO AMEND SECTION 37-11-50, RELATING TO LICENSING ELIGIBILITY FOR CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE A PRELIMINARY LICENSE TO AN APPLICANT IF CERTAIN DETERMINATIONS ARE MADE; TO AMEND SECTION 37-11-90, RELATING TO CERTAIN ENTRANCE FEES REQUIRED TO BE PLACED IN AN ESCROW ACCOUNT, SO AS TO ALSO REQUIRE THAT RESERVATION DEPOSITS BE PLACED IN AN ESCROW ACCOUNT, AND TO PROVIDE FOR THE CONDITIONS OF RELEASE OF RESERVATION DEPOSITS HELD IN ESCROW; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS OF THIS CHAPTER, SO AS TO PROVIDE THAT A FACILITY THAT HAS OBTAINED A LETTER OF NONAPPLICABILITY FROM THE DEPARTMENT MAY NOT HOLD ITSELF OUT TO BE A CONTINUING CARE RETIREMENT COMMUNITY.
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.
The following Bill was taken up:
H. 4997 (Word version) -- Reps. Herbkersman, West, B. Cox, Rutherford, W. Newton, Wooten, Caskey, Huggins, Ballentine and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO TRANSFER FROM THE SOUTH CAROLINA MENTAL HEALTH COMMISSION THE AUTHORITY AND RESPONSIBILITY FOR ESTABLISHING VETERANS NURSING HOMES AND TO DEVOLVE THOSE SAME DUTIES, RESPONSIBILITIES, AND FUNCTIONS UPON THE DEPARTMENT OF VETERANS' AFFAIRS; BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 25 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS' AFFAIRS TO ESTABLISH AND OPERATE VETERANS NURSING HOMES; TO AMEND SECTION 43-35-520, RELATING TO VULNERABLE ADULT FATALITY INVESTIGATIONS, SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTIONS 44-11-30 AND 44-11-40 RELATING TO VETERANS NURSING HOMES ESTABLISHED BY THE SOUTH CAROLINA MENTAL HEALTH COMMISSION.
Rep. HERBKERSMAN 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.
The following Bill was taken up: H. 5038 (Word version) -- Reps. Bryant, Pope, B. Newton, McGarry, Felder, Long, Oremus, Blackwell, Caskey, Rutherford, Hixon, D. C. Moss, V. S. Moss, Sandifer and Whitmire: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF OFFICERS, SO AS TO EXEMPT DEPUTY SHERIFFS FROM THE REQUIREMENT THAT THEY POSSESS THE QUALIFICATIONS OF AN ELECTOR, AND TO REMOVE ARCHAIC REFERENCES.
Rep. BRYANT moved to adjourn debate upon the following Bill until Tuesday, March 8, which was adopted:
Rep. COLLINS asked unanimous consent to recall S. 1059 (Word version) from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. FINLAY objected.
Rep. V. S. MOSS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5059 (Word version) -- Reps. McDaniel, Parks and King: A HOUSE RESOLUTION TO HONOR THE CHESTER ALUMNAE CHAPTER OF DELTA SIGMA THETA SORORITY, INCORPORATED ON THE OCCASION OF THE FORTIETH ANNIVERSARY OF THE CHAPTER'S FOUNDING AND TO EXPRESS GRATITUDE FOR THE FOUR DECADES OF DEDICATED SERVICE GIVEN TO THE CHESTER COMMUNITY.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5060 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 56-1-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR DRIVING A MOTOR VEHICLE WHEN A PERSON'S DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY FOR A THIRD OR SUBSEQUENT OFFENSE, AND MAKE TECHNICAL CHANGES.
Referred to Committee on Judiciary
H. 5061 (Word version) -- Reps. Rose, Jordan, Rutherford, Pope and Garvin: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CIVIL JURISDICTION OF THE MAGISTRATES COURT, SO AS TO INCREASE THE CIVIL JURISDICTION FROM SEVEN THOUSAND FIVE HUNDRED DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS.
Referred to Committee on Judiciary
Rep. NUTT moved that the House do now adjourn, which was agreed to.
At 1:49 p.m. the House, in accordance with the motion of Rep. FINLAY, adjourned in memory of William Bilton, to meet at 10:00 a.m. tomorrow.
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