NO. 42
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
I Samuel 12:20
Speaking to the Lord's people, Samuel said: ' ". . .serve the Lord with all your heart.' "
Join me as we bow in prayer, please: O God of mercy and love, we note that had we gathered here after all last Thursday, the 18th, it would have the birthdate of John C. Calhoun. Calhoun's rather forbidding expression in his portrait behind me reflects the reports that the man himself was not known as a person of faith. Even on his deathbed he allegedly turned away the U.S. Senate Chaplain who had come to minister to him. However, not at all like John C. Calhoun, O Lord, we warmly invite You to be present with us in this place. Moreover, dear God, embrace in Your care all of these servants who faithfully seek to honor You. And may the good work of each Senator and staff member always benefit every citizen of South Carolina. In Your loving name we pray, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 5032
Agency: Clemson University
Chapter: 27
Statutory Authority: 1976 Code Section 46-21-625
SUBJECT: Seed Certification
Received by Lieutenant Governor March 19, 2021
Referred to Committee on Agriculture and Natural Resources
The following was received:
Document No. 5007
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Sections 50-15-15, 50-15-70, and 50-15-80
SUBJECT: Regulations for Spotted Turtle; and Exchange and Transfer for Certain Native Reptiles and Amphibians
Received by Lieutenant Governor January 12, 2021
Referred to Committee on Fish, Game and Forestry
Legislative Review Expiration May 12, 2021
Withdrawn and Resubmitted March 18, 2021
Senator CAMPSEN introduced Dr. John Corless of Charleston, S.C., Doctor of the Day.
At 12:34 P.M., Senator FANNING requested a leave of absence for Senator McLEOD until 1:20 P.M.
Senator MATTHEWS rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 177 (Word version) Sen. Garret
S. 195 (Word version) Sen. Martin
S. 456 (Word version) Sen. Senn
S. 461 (Word version) Sen. Setzler
S. 627 (Word version) Sen. Young
S. 675 (Word version) Sen. Turner
S. 677 (Word version) Sens. Matthews, Turner and Alexander
Senator DAVIS asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.
The Bill was recalled from the Committee on Medical Affairs and ordered placed on the Calendar for consideration tomorrow.
H. 4027 (Word version) -- Rep. Burns: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO RENEWABLE WATER RESOURCES (REWA) FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO AMEND REWA'S SERVICE AREA AND TO REVISE THE MEMBERSHIP OF THE GOVERNING COMMISSION.
On motion of Senator TALLEY, with unanimous consent, the Bill was recalled from the Committee on Agriculture and Natural Resources and committed to the Committee on Judiciary.
S. 668 (Word version) -- Senators Goldfinch and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NICHOLS HIGHWAY FROM ITS INTERSECTION WITH SARVIS ROAD TO ITS INTERSECTION WITH TRULUCK JOHNSON ROAD IN HORRY COUNTY "BRENDA COOK MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
Senator WILLIAMS asked unanimous consent to make a motion to recall the Resolution from the Committee on Transportation.
The Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 682 (Word version) -- Senator McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE FREDDY MUBARAK UPON THE OCCASION OF HIS RETIREMENT FROM ELGIN PHARMACY, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE ELGIN COMMUNITY, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
l:\s-res\jtm\015fred.kmm.jtm.docx
The Concurrent Resolution was adopted, ordered sent to the House.
S. 683 (Word version) -- Senator McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE TONY CASEY UPON THE OCCASION OF HIS RETIREMENT FROM ELGIN PHARMACY, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE ELGIN COMMUNITY, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
l:\s-res\jtm\016tony.kmm.jtm.docx
The Concurrent Resolution was adopted, ordered sent to the House.
S. 684 (Word version) -- Senator Talley: A SENATE RESOLUTION TO CONGRATULATE COACH MARK FREEZE UPON THE OCCASION OF HIS INDUCTION INTO THE SOUTH CAROLINA BASKETBALL COACHES ASSOCIATION HALL OF FAME.
l:\s-res\sft\019mark.kmm.sft.docx
The Senate Resolution was adopted.
S. 685 (Word version) -- Senators Hembree, Kimpson and Setzler: A BILL TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 158, TO PROVIDE FOR THE COMPENSATION OF INTERCOLLEGIATE ATHLETES FOR THE USE OF AN ATHLETE'S NAME, IMAGE, OR LIKENESS; AND TO DEFINE NECESSARY TERMS.
l:\s-res\gh\014nil .kmm.gh.docx
Senator HEMBREE spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 686 (Word version) -- Senator Shealy: A BILL TO ENACT THE "SEXUAL ASSAULT SURVIVORS' BILL OF RIGHTS ACT"; TO AMEND CHAPTER 3, TITLE 16 OF THE 1976 CODE, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 21, TO PROVIDE CERTAIN RIGHTS TO A SURVIVOR OF SEXUAL ASSAULT.
l:\s-res\ks\030sexu.kmm.ks.docx
Read the first time and referred to the Committee on Judiciary.
S. 687 (Word version) -- Senator Kimpson: A JOINT RESOLUTION TO AUTHORIZE A BUSINESS OR OTHER ESTABLISHMENT PATRONIZED BY THE GENERAL PUBLIC TO NOTIFY ITS PATRONS OF THE PERCENTAGE OF ITS EMPLOYEES FULLY VACCINATED FOR THE COVID-19 VIRUS, TO AUTHORIZE A BUSINESS TO ADVERTISE THE PERCENTAGE OF FULLY VACCINATED EMPLOYEES, AND TO REQUIRE A BUSINESS TO DISCLOSE THE PERCENTAGE OF FULLY VACCINATED EMPLOYEES UPON REQUEST.
l:\s-res\mek\008vacc.kmm.mek.docx
Senator KIMPSON spoke on the Resolution.
Read the first time and referred to the Committee on Medical Affairs.
S. 688 (Word version) -- Senator Adams: A BILL TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 71, TITLE 38 OF THE 1976 CODE, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES, BY ADDING SECTION 38-71-625, TO PROVIDE THAT AN INSURER MUST PROVIDE A DISCOUNT TO A POLICY HOLDER WHO HAS AND MAINTAINS A DECLARATION PURSUANT TO THE DEATH WITH DIGNITY ACT.
l:\s-res\ba\003heal.kmm.ba.docx
Read the first time and referred to the Committee on Banking and Insurance.
S. 689 (Word version) -- Senators Leatherman, Massey, Malloy, Alexander, Peeler, Setzler, Williams, Scott and Fanning: A JOINT RESOLUTION TO EXTEND THE INCOME TAX FILING DUE DATE FOR INDIVIDUALS UNTIL THE SAME DATE AS FEDERAL RETURNS AND PAYMENTS FOR INDIVIDUALS ARE DUE.
l:\council\bills\nbd\11213dg21.docx
Senator MASSEY spoke on the Resolution.
Read the first time and ordered placed on the Calendar without reference.
S. 690 (Word version) -- Senator Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-195 SO AS TO AUTHORIZE CENTRAL FILL PHARMACIES TO BE ESTABLISHED IN THIS STATE FOR THE PURPOSE OF FILLING PRESCRIPTIONS FOR, AND AT THE REQUEST OF, AN ORIGINATING PHARMACY; TO ESTABLISH CERTAIN OPERATING PROCEDURES AND REQUIREMENTS FOR CENTRAL FILL PHARMACIES, INCLUDING, AMONG OTHER THINGS, OBTAINING A CENTRAL FILL PHARMACY PERMIT AND A CONTROLLED SUBSTANCES REGISTRATION, IF APPROPRIATE, NOTIFYING PATIENTS OF CENTRAL FILL PROCESSING PROCEDURES, REQUIRING WRITTEN PRESCRIPTION DRUG INFORMATION AND A TOLL-FREE NUMBER, PROVIDING PRESCRIPTION LABELING AND RECORD KEEPING REQUIREMENTS, AND REQUIRING POLICIES AND PROCEDURES MANUALS.
l:\council\bills\jn\3389ph21.docx
Read the first time and referred to the Committee on Medical Affairs.
S. 691 (Word version) -- Senator Hutto: A BILL TO CONSOLIDATE BARNWELL COUNTY (BLACKVILLE) SCHOOL DISTRICT NO. 19 AND BARNWELL COUNTY (WILLISTON) SCHOOL DISTRICT NO. 29 INTO ONE SCHOOL DISTRICT TO BE KNOWN AS THE BARNWELL COUNTY CONSOLIDATED SCHOOL DISTRICT; TO ABOLISH BARNWELL COUNTY SCHOOL DISTRICT NO. 19 AND BARNWELL COUNTY SCHOOL DISTRICT NO. 29 ON JULY 1, 2022; TO PROVIDE THAT THE BARNWELL COUNTY CONSOLIDATED SCHOOL DISTRICT MUST BE GOVERNED BY A BOARD OF TRUSTEES CONSISTING OF SEVEN MEMBERS, WHICH INITIALLY MUST BE APPOINTED BY THE BARNWELL COUNTY LEGISLATIVE DELEGATION, AND BEGINNING WITH THE 2022 GENERAL ELECTION, SEVEN MEMBERS MUST BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS DRAWN FROM THE COMBINED GEOGRAPHIC AREA OF THE FORMER BARNWELL COUNTY SCHOOL DISTRICT NO. 19 AND THE FORMER BARNWELL COUNTY SCHOOL DISTRICT NO. 29; TO PROVIDE THAT THE MEMBERS OF THE BARNWELL COUNTY CONSOLIDATED SCHOOL DISTRICT BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS CONDUCTED AT THE SAME TIME AS THE 2022 GENERAL ELECTION AND EVERY FOUR YEARS THEREAFTER, EXCEPT AS PROVIDED IN THIS ACT TO STAGGER THE MEMBERS' TERMS; TO ESTABLISH THE BOARD'S POWERS, DUTIES, AND RESPONSIBILITIES; TO PROVIDE THAT THE DISTRICT SUPERINTENDENT IS THE CHIEF OPERATING OFFICER OF THE DISTRICT AND IS RESPONSIBLE TO THE BOARD FOR THE PROPER ADMINISTRATION OF ALL AFFAIRS OF THE DISTRICT AND SUBJECT TO ALL OTHER PROVISIONS OF LAW RELATING TO HIS DUTIES; TO INCLUDE INTERIM MILLAGE PROVISIONS FOR YEARS 2022 AND 2023, AND TO PROVIDE THAT BEGINNING IN 2024, THE BARNWELL COUNTY CONSOLIDATED SCHOOL DISTRICT SHALL HAVE TOTAL FISCAL AUTONOMY.
l:\council\bills\cc\15955zw21.docx
Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 692 (Word version) -- Senators Kimbrell, M. Johnson, Garrett, Adams and Corbin: A BILL TO AMEND SECTION 59-19-40 OF THE 1976 CODE, RELATING TO CERTAIN SPECIAL PROVISIONS FOR THE ELECTION OR APPOINTMENT OF SCHOOL TRUSTEES, TO PROVIDE THAT ELECTIONS FOR SCHOOL TRUSTEES MUST BE HELD AT THE SAME TIME AS THE GENERAL ELECTION IN EVEN-NUMBERED YEARS.
l:\s-res\jk\010scho.sp.jk.docx
Senator KIMBRELL spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 693 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO RECOGNIZE FRIDAY, APRIL 16, 2021, AS "DONOR DAY" IN SOUTH CAROLINA; TO HONOR ALL THOSE WHO HAVE MADE THE DECISION TO GIVE THE GIFT OF LIFE; TO FOCUS ATTENTION ON THE EXTREME NEED FOR ORGAN, EYE, AND TISSUE DONATION; AND TO ENCOURAGE ALL RESIDENTS TO TAKE ACTION AND SIGN UP ON SOUTH CAROLINA'S ORGAN AND TISSUE DONOR REGISTRY AT THEIR LOCAL SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES OFFICE OR AT DONATE LIFE SOUTH CAROLINA'S WEBSITE.
l:\s-res\ks\029dono.kmm.ks.docx
The Concurrent Resolution was introduced and referred to the Committee on Medical Affairs.
S. 694 (Word version) -- Senators Corbin, Shealy and Malloy: A SENATE RESOLUTION TO RECOGNIZE WEDNESDAY, APRIL 14, 2021 AS "STATE TREASURER'S OFFICE PROGRAMS DAY" IN SOUTH CAROLINA AND TO ENCOURAGE INDIVIDUALS, FAMILIES, AND BUSINESSES TO LEARN MORE ABOUT THE CONSUMER-FACING PROGRAMS OFFERED AT THE STATE TREASURER'S OFFICE.
l:\s-res\tdc\010sto .kmm.tdc.docx
The Senate Resolution was introduced and referred to the Committee on Finance.
S. 695 (Word version) -- Senator Gambrell: A SENATE RESOLUTION TO CELEBRATE THE BELTON-HONEA PATH HIGH SCHOOL COMPETITIVE CHEER TEAM, COACHES, AND SCHOOL OFFICIALS FOR A SUPERB SEASON AND TO CONGRATULATE THEM ON CAPTURING THE CLASS AAA STATE CHAMPIONSHIP TITLE.
l:\council\bills\rm\1115ph21.docx
The Senate Resolution was adopted. H. 3094 (Word version) -- Reps. B. Cox, White, Lucas, Burns, Jones, Allison, Caskey, Chumley, Collins, Crawford, Daning, Davis, Elliott, Erickson, Felder, Forrest, Fry, Gagnon, Gatch, Gilliam, Haddon, Hardee, Hewitt, Hiott, Hixon, Huggins, Jordan, Kimmons, Ligon, Long, Magnuson, McCravy, Morgan, Murphy, B. Newton, W. Newton, Nutt, Oremus, Pope, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stringer, Taylor, Thayer, Trantham, West, Whitmire, Willis, Wooten, Yow, McGarry, Bryant, V. S. Moss, McCabe, Hosey, T. Moore, W. Cox, Bailey, Lowe, Atkinson, J. E. Johnson, Brittain, Bennett, Hyde, McGinnis, Martin and Bradley: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO ENACT THE "OPEN CARRY WITH TRAINING ACT" BY REVISING THE DEFINITION OF THE TERM "CONCEALABLE WEAPON" TO ALLOW A PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON OPENLY ON HIS PERSON; AND TO AMEND SECTION 16-23-20, RELATING TO THE CARRYING OF A HANDGUN, SO AS TO PROVIDE A PERSON WHO POSSESSES A CONCEALED WEAPON PERMIT MAY CARRY IT OPENLY ON OR ABOUT HIS PERSON IN A VEHICLE.
Read the first time and referred to the Committee on Judiciary.
H. 3991 (Word version) -- Reps. Rutherford, Wooten, Caskey, Thigpen, B. Cox, Elliott, Erickson, S. Williams and Rivers: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO PURCHASE NONFERROUS METALS, TRANSPORTATION AND SALE OF NONFERROUS METALS, AND VARIOUS OFFENSES ASSOCIATED WITH NONFERROUS METALS, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE PROCEDURES FOR THE LAWFUL PURCHASE, SALE, AND POSSESSION OF USED, DETACHED CATALYTIC CONVERTERS OR ANY NONFERROUS PART OF ONE UNLESS PURCHASED, SOLD, OR POSSESSED UNDER CERTAIN DELINEATED CIRCUMSTANCES.
Read the first time and referred to the Committee on Judiciary.
Senator GROOMS from the Committee on Transportation submitted a favorable report on:
S. 296 (Word version) -- Senators Climer, Fanning and M. Johnson: A BILL TO AMEND SECTION 56-2-105 OF THE 1976 CODE, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, TO PROVIDE THAT A MUNICIPALITY OF A CERTAIN SIZE AND POPULATION MAY ADOPT AN ORDINANCE THAT ALLOWS FOR THE OPERATION DURING NON-DAYLIGHT HOURS OF GOLF CARTS THAT ARE EQUIPPED WITH WORKING HEADLIGHTS AND REAR LIGHTS. Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 354 (Word version) -- Senator Rice: A BILL TO AMEND SECTION 56-2-105, RELATING TO THE ISSUANCE OF GOLF CART PERMIT DECALS AND REGISTRATIONS AND THE OPERATION OF GOLF CARTS WITHIN THE STATE, SO AS TO PROVIDE A MUNICIPALITY MAY ALLOW PERMITTED GOLF CARTS TO BE OPERATED WITHIN ITS JURISDICTION UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 595 (Word version) -- Senator Senn: A BILL TO AMEND SECTION 54-3-10(B) OF THE 1976 CODE, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA STATE PORTS AUTHORITY, TO DELETE THE PROVISION PROHIBITING EX-OFFICIO MEMBERS FROM ATTENDING EXECUTIVE SESSION.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
H. 3011 (Word version) -- Reps. West, G.M. Smith, Simrill, B. Newton, Wooten, McGarry, Bryant, Haddon, Long, Pope, Gilliam, Hosey, Oremus, Caskey, Hardee, Yow, Atkinson and Martin: A BILL TO AMEND SECTION 56-5-1810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING A MOTOR VEHICLE TO BE DRIVEN UPON THE RIGHT HALF OF A ROADWAY, SO AS TO PROVIDE RESTRICTIONS ON DRIVING A MOTOR VEHICLE ON A ROADWAY HAVING AT LEAST TWO LANES ALLOWING MOVEMENT IN THE SAME DIRECTION, PROVIDE A PENALTY, AND DIRECT THE DEPARTMENT OF TRANSPORTATION TO PLACE SIGNS ALONG THE INTERSTATE HIGHWAYS DIRECTING SLOWER TRAFFIC TO MOVE RIGHT.
Ordered for consideration tomorrow.
Columbia, S.C., March 18, 2021
Mr. President and Senators: The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3785 (Word version) -- Reps. J. Moore, Jefferson, Daning, Davis, Matthews and M.M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OAKLEY ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 52 TO ITS INTERSECTION WITH OLD HIGHWAY 52 "DR. TONIA AIKEN TAYLOR MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
Very respectfully,
Speaker of the House
Received as information.
S. 680 (Word version) -- Senator Fanning: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DENTAL ACCESS CAROLINA, LLC, OF YORK COUNTY AND TO CONGRATULATE DR. JOHN E. REESE III AND HIS ASSOCIATES FOR TWO DECADES OF SUCCESSFULLY MEETING THE DENTAL NEEDS OF UNDERSERVED CHILDREN IN ROCK HILL AND THROUGHOUT SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives: S. 456 (Word version) -- Senators Alexander and Senn: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-90, TO PROVIDE THAT AN AGENCY AUTHORIZED TO REQUEST A STATE FINGERPRINT BACKGROUND CHECK MAY REQUEST A FEDERAL FINGERPRINT BACKGROUND CHECK, TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, UPON REQUEST, MAY SUBMIT THE FINGERPRINTS COLLECTED BY AGENCIES AND INFORMATION RELATED TO THOSE PRINTS TO THE FEDERAL BUREAU OF INVESTIGATION'S NEXT GENERATION IDENTIFICATION PROGRAM, TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION MAY RETAIN COLLECTED FINGERPRINTS AND SEARCH ANY RETAINED FINGERPRINTS AT A LATER DATE PURSUANT TO AN APPROPRIATE INQUIRY, AND TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY CHARGE A REASONABLE FEE FOR THE COLLECTION AND RETENTION OF FINGERPRINTS.
S. 631 (Word version) -- Senators Talley and Campsen: A BILL TO ENACT THE "SOUTH CAROLINA ELECTRONIC NOTARY PUBLIC ACT"; TO AMEND TITLE 26 OF THE 1976 CODE, RELATING TO NOTARIES PUBLIC AND ACKNOWLEDGEMENTS, BY ADDING CHAPTER 2, TO PROVIDE FOR PROCEDURES AND TRAINING REQUIREMENTS, TO PROVIDE FOR ACTS THAT MAY BE PERFORMED, RESTRICTIONS ON THOSE ACTS, AND REQUIREMENTS TO COMPLETE THOSE ACTS, TO ESTABLISH MAXIMUM FEES, TO ESTABLISH PROCEDURES FOR ELECTRONIC NOTARIES PUBLIC, TO PROVIDE THAT THE SECRETARY OF STATE MAY PROMULGATE REGULATIONS, TO PROVIDE FOR THE TERMINATION OF ELECTRONIC NOTARIES PUBLIC, TO PROVIDE A PENALTY, TO PROVIDE REQUIREMENTS TO CERTIFY AUTHENTICITY, AND TO DEFINE NECESSARY TERMS.
S. 227 (Word version) -- Senators Shealy, McElveen and Matthews: A BILL TO ENACT THE "MASSAGE THERAPY PRACTICE ACT".; TO AMEND CHAPTER 30, TITLE 40 OF THE 1976 CODE, RELATING TO MASSAGE THERAPY PRACTICE, TO PROVIDE THAT IT IS IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE TO REGULATE THE PRACTICE OF MASSAGE THERAPY. (Abbreviated Title)
The Senate proceeded to a consideration of the Bill.
Senator DAVIS explained the Bill. The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Setzler Shealy Stephens Talley Turner Verdin Williams Young
Climer Corbin Senn
The Bill was read the second time, passed and ordered to a third reading.
The Senate proceeded to a consideration of the Bill.
Senator BENNETT explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 3587 (Word version) -- Reps. Sandifer and Hardee: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDUCTION IN COVERAGE", SO AS TO PROHIBIT AN INSURER FROM TREATING A CORRECTION OF A TYPOGRAPHICAL OR SCRIVENER'S ERROR AS A REDUCTION IN COVERAGE AND TO AMEND SECTION 38-77-120, RELATING TO NOTICE REQUIREMENTS FOR CANCELLATION OR THE REFUSAL TO REVIEW A POLICY, SO AS TO MAKE CONFORMING CHANGES.
The Senate proceeded to a consideration of the Bill.
Senator BENNETT explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 243 (Word version) -- Senator Young: A BILL TO AMEND SECTION 63-7-940(A) OF THE 1976 CODE, RELATING TO AUTHORIZED USES OF UNFOUNDED CHILD ABUSE AND NEGLECT REPORTS, TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; TO AMEND SECTION 63-7-1990(H) OF THE 1976 CODE, RELATING TO THE CONFIDENTIALITY AND RELEASE OF CHILD ABUSE AND NEGLECT RECORDS, TO AUTHORIZE THE RELEASE OF INFORMATION ABOUT CHILD FATALITIES OR NEAR FATALITIES; AND TO DEFINE NECESSARY TERMS.
The Senate proceeded to a consideration of the Bill.
The Committee on Family and Veterans' Services proposed the following amendment (243R001.KMM.KS), which was adopted:
Amend the bill, as and if amended, on page 2, by striking line 42 and inserting:
/ "( ) 'Near fatality' means an act of abuse or neglect that, as certified by a physician, /
Renumber sections to conform.
Amend title to conform.
Senator TALLEY explained the amendment.
The amendment was adopted.
Senator YOUNG proposed the following amendment (243R002.SP.TRY), which was adopted:
Amend the bill, as and if amended, on page 1, by striking lines 28 through 32 and inserting:
/ "( )(a) the state director or the director's designee, for the purpose of publicly disclosing findings or information about a prior unfounded case of child abuse or neglect in the preparation and release of reports pursuant to Section 63-7-1990(H), provided that the disclosed information is limited to the following: /
Renumber sections to conform.
Amend title to conform. Senator YOUNG explained the amendment.
The amendment was adopted.
On motion of Senator YOUNG, the Bill was carried over.
S. 661 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LIFE SCHOLARSHIP PROGRAM AND LIFE SCHOLARSHIP ENHANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 5004, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HEMBREE, the Resolution was carried over.
S. 662 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 5005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HEMBREE, the Resolution was carried over.
S. 663 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 5006, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator HEMBREE, the Resolution was carried over.
The Senate proceeded to a consideration of the Resolution.
The Committee on Agriculture and Natural Resources proposed the following amendment (3071R001.SP.WC), which was adopted:
Amend the joint resolution, as and if amended, on page 2, by striking lines 27 through 31 and inserting:
/other states in the Southeast as well as nationally; /
Amend the joint resolution further, as and if amended, on page 2, by striking line 42 and inserting:
/by February 15, 2022, providing its findings and recommendations. The committee shall not recommend a tax or fee increase in its findings and recommendations. /
Renumber sections to conform.
Amend title to conform.
Senator CLIMER explained the amendment.
The amendment was adopted.
The question being the second reading of the Resolution.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Resolution as amended. was read the second time, passed and ordered to a third reading.
S. 154 (Word version) -- Senator Martin: A BILL TO AMEND CHAPTER 54, TITLE 12 OF THE 1976 CODE, RELATING TO THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE, BY ADDING SECTION 12-54-20, TO PROVIDE THAT A TAXPAYER THAT PREVAILS IN AN ACTION OR PROCEEDING TO RECOVER A TAX OR PENALTY IS ENTITLED TO REASONABLE ATTORNEYS' FEES AND COSTS ASSOCIATED WITH DEFENDING THE ACTION OR PROCEEDING.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\154C001.NBD.DG21):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-20. (A) An individual that is a party in any action or proceeding with, or on behalf of, the department regarding any tax imposed by this title and administered by the department, is entitled to reasonable attorneys' fees and costs associated with the action or proceeding if:
(1) the individual prevails in the action or proceeding; or
(2) the department does not meet the timeliness requirements set forth in law. For purposes of this item, reasonable attorneys' fees and costs means the fees and costs incurred by the individual due to the department's delay. (B) For purposes of this section, an individual also includes sole proprietorships, partnerships, and 'S' corporations, including limited liability companies taxed as sole proprietorships, partnerships, or 'S' corporations." /
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
On motion of Senator KEVIN JOHNSON, the Bill was carried over.
S. 195 (Word version) -- Senator Hembree: A BILL TO AMEND SECTION 12-37-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TAX NOTICES AND PAID RECEIPTS AND THE DELEGATION OF COLLECTION OF TAXES, SO AS TO PROVIDE THAT THE TAX NOTICE MUST SET FORTH THE FAIR MARKET VALUE USED FOR THE VEHICLE.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\195C001.NBD.DG21), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 12-37-3210(A) of the 1976 Code, as added by Act 223 of 2018, is amended to read: "(A) The auditor shall prepare a tax notice for all boats, boat motors, and watercraft owned by the same person and titled at the same time for each tax year. A notice must describe the boats, boat motors, or watercraft by name, model, and identification number. The notice must set forth fair market value used for the boat, the assessed value of the boat, the millage, the taxes due on each boat, and the tax year. The notice must be delivered to the county treasurer or official charged with the collection of taxes, who must collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the boat and, when practical, the auditor shall mail that copy to the owner of the boat. When the tax and all other charges included on the tax bill have been paid, the county treasurer or official charged with the collections of taxes shall issue the taxpayer a paid receipt once all charges on the tax bill including the taxes have been paid. The receipt or a copy may be delivered by the taxpayer to the Department of Natural Resources with either the application for and issuance of number and certificate referenced in Section 50-23-340 or the renewal application for a certificate of number referenced in Section 50-23-370. A record of the payment of the tax must be retained by the treasurer. The auditor shall maintain a separate duplicate for boats, boat motors, and watercraft. No certificate of number may be issued by the Department of Natural Resources unless the application is accompanied by the receipt, or notice from the county treasurer, by other means satisfactory to the Department of Natural Resources, of payment of the tax." /
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 401 (Word version) -- Senators Gustafson, Hembree and Fanning: A BILL TO AMEND SECTION 6-1-320 OF THE 1976 CODE, RELATING TO THE LIMITATION ON MILLAGE INCREASES, TO ALLOW THE GOVERNING BODY OF A COUNTY TO SUSPEND THE LIMITATION FOR THE PURPOSE OF SUPPORTING A FIRE PROTECTION DISTRICT.
Senator JACKSON objected to consideration of the Bill.
S. 461 (Word version) -- Senators Alexander and Setzler: A BILL TO ENACT THE "SOUTH CAROLINA PAY FOR SUCCESS PERFORMANCE ACCOUNTABILITY ACT"; TO AMEND TITLE 11 OF THE 1976 CODE, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 60, TO ESTABLISH THE TRUST FUND FOR PERFORMANCE ACCOUNTABILITY TO FUND PAY-FOR-SUCCESS CONTRACTS, WHEREBY THE STATE CONTRACTS WITH A PRIVATE-SECTOR ORGANIZATION TO ACHIEVE SPECIFICALLY DEFINED MEASUREABLE OUTCOMES IN WHICH THE STATE PAYS ONLY TO THE EXTENT THAT THE DESIRED OUTCOMES ARE ACHIEVED.
The Senate proceeded to a consideration of the Bill.
Senator ALEXANDER explained the Bill.
On motion of Senator MALLOY, the Bill was carried over.
S. 463 (Word version) -- Senators Alexander, Cromer, Grooms, Scott and Loftis: A BILL TO DELETE SECTION 2.B. OF ACT 134 OF 2016, RELATING TO THE EXPIRATION OF TAX CREDITS FOR THE PURCHASE OF GEOTHERMAL MACHINERY AND EQUIPMENT.
The Senate proceeded to a consideration of the Bill. The Committee on Finance proposed the following amendment (DG\463C001.NBD.DG21), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. SECTION 2.B. of Act 134 of 2016, as amended by Act 47 of 2019, is amended to read:
B. The provisions contained in this section related to geothermal machinery and equipment are repealed January 1, 2022 2032. /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 527 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR THE VARIOUS CLASSES OF PROPERTY FOR PURPOSES OF IMPOSITION OF THE PROPERTY TAX, SO AS TO DEFINE "LEGALLY SEPARATED" FOR PURPOSES OF THE CERTIFICATE CONTAINED IN THE APPLICATION FOR THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY AND TO REQUIRE ANNUAL REAPPLICATION AND RECERTIFICATION TO MAINTAIN THE SPECIAL FOUR PERCENT ASSESSMENT RATIO FOR CERTAIN SEPARATED SPOUSES.
The Senate proceeded to a consideration of the Bill.
Senator DAVIS explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Martin Massey McLeod Peeler Rankin Sabb Scott Senn Shealy Talley Turner Verdin Young
Hutto Malloy Matthews McElveen Rice Setzler Stephens Williams
The Bill was read the second time, passed and ordered to a third reading.
The Senate proceeded to a consideration of the Bill.
The Committee on Fish, Game and Forestry proposed the following amendment (CZ\556C001.JN.CZ21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-107. Unless otherwise provided, a person violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, or imprisoned for not more than sixty days, or both."
SECTION 2. Section 50-9-450(A) of the 1976 Code is amended to read:
"(A) In addition to a valid state hunting license, an annual commercial fur trapping license is required of all persons who sell or take, by any means, fur-bearing animals for commercial purposes, and all persons who trap or who attempt to trap any fur bearing animals during a trapping season established by the department on a wildlife management area, heritage trust land, or other property owned or leased by the department. The license is issued by the department at a cost of twenty-five dollars for residents and two hundred dollars for nonresidents. Any person having in his possession more than five fur bearing animals or raw or green pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer."
SECTION 3. Section 50-11-2400(d) of the 1976 Code is amended to read:
"(d) 'Commercial purposes' means taking or possessing any fur, pelt, hide, or whole fur-bearing animal for a fee, exchange, sale, trade, or barter and taking or possessing more than five furs, pelts, hides, or whole animals."
SECTION 4. Section 50-11-2430 of the 1976 Code is amended to read:
"Section 50-11-2430. A person engaged in the act of trapping on private land must be the owner of the property on which the traps or devices are set or has written permission from the landowner or his agent in possession to use the property for trapping a trap is set or be the agent of the owner."
SECTION 5. Section 50-11-2445 of the 1976 Code is amended to read:
"Section 50-11-2445. It is unlawful for a person, other than the owner of the trap, or the owner's designee agent, to remove any lawfully trapped wildlife from any a legally set trap. A designee must have in his possession written permission from the owner of the trap or the owner's agent, and must meet all commercial fur licensing requirements or be listed on a valid depredation permit. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for no more than thirty days."
SECTION 6. Section 50-11-2450 of the 1976 Code is amended to read:
"Section 50-11-2450. Any person required to be licensed under Section 50-11-2420 50-9-450 shall report to the department by April fifteenth of each year the number and type of furbearing fur-bearing animals taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April fifteenth of each year shall, on the second offense, be denied a license for the following fiscal year."
SECTION 7. Section 50-11-2460(C) of the 1976 Code is amended to read: "(C) All traps on a wildlife management area, heritage trust land, or other property owned or leased by the department must bear the owner's name and address or department-issued customer number either directly thereon or by an attached identification tag."
SECTION 8. Section 50-11-2480 of the 1976 Code is amended to read:
"Section 50-11-2480. The following persons are not required to obtain a fur buyer's license:
(1) a person who acquires not more than five furs, pelts, hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale;
(2) a person licensed as a fur processor;
(3) a taxidermist who possesses a fur, pelt, hide, or whole furbearing animal legally owned by another person which he is holding temporarily solely for the purposes of processing;
(4) a person acquiring furbearing animal carcasses without hides; and
(5) an owner or enclosure operator of a permitted fox and coyote hunting enclosure who purchases live foxes or coyotes for release into the enclosure."
SECTION 9. Section 50-11-2515 of the 1976 Code is amended to read:
"Section 50-11-2515. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any raw or green fur, pelt, hide, or whole furbearing animal. It is also unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal that requires a tag pursuant to the provisions of Section 50-11-2510. Any A person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-2560, upon conviction, must be fined not less than three hundred dollars but not more than one thousand dollars, or imprisoned for not more than sixty days, or both. Each fur, pelt, hide, or whole animal found in violation of this section constitutes a separate offense."
SECTION 10. Section 50-11-2540 of the 1976 Code is amended to read:
"Section 50-11-2540. (A) It is lawful to trap furbearing animals for commercial purposes from The trapping season for fur-bearing animals is December first of each year to March first of the succeeding year. It is unlawful to trap any other times unless authorized pursuant to a provision of this article or by the department. It is lawful to take furbearing animals by other lawful means during the general open hunting seasons established therefor.
(B) It is lawful to trap coyotes from December first of each year to March first of the succeeding year. It is unlawful to trap coyotes at any other time unless authorized by the department. Notwithstanding the provisions of Section 50-11-1080, it is lawful to take coyotes by other lawful means at any time during the year.
(B)(1) A property owner, or an agent authorized by the owner, may trap beaver on the property of the owner year round without a license or permit from the department for the noncommercial purposes of:
(a) wildlife habitat, wetland, pond, agricultural, or silviculture management; or
(b) the protection of property improvements.
(2) A property owner, or an agent authorized by the owner, may trap all other fur-bearing animals on the property of the owner from December first of each year to March first of the succeeding year without a license or permit from the department for the noncommercial purposes of:
(a) wildlife habitat, wetland, pond, agricultural, or silviculture management;
(b) predator control; or
(c) the protection of property improvements.
(C) It is lawful to take fur-bearing animals by other lawful means during the general open hunting seasons established therefore."
SECTION 11. Section 50-11-2565 of the 1976 Code is amended to read:
"Section 50-11-2565. Any Unless otherwise provided, a person violating the provisions a provision of this article unless otherwise specified in Section 50-11-2560 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation."
SECTION 12. Section 50-11-2560 of the 1976 Code is repealed.
SECTION 13. The Department of Natural Resources is directed to study the public trapping opportunities in Florida, Georgia, and North Carolina and to promulgate regulations for the establishment of trapping seasons on its owned or leased lands that are the most appropriate for public trapping.
SECTION 14. The Code Commissioner of the Legislative Council is directed to change all references to "commercial fur license" or "commercial fur licensee" not specifically addressed in this act to "trapping license" or "trapping licensee."
SECTION 15. This act takes effect upon approval by the Governor./ Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
Senators McELVEEN and CAMPSEN proposed the following amendment (556R001.SP.JTM), which was adopted:
Amend the bill, as and if amended, by striking SECTION 7, relating to Section 50-11-2460(C), in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
On motion of Senator RICE, the Bill was carried over.
S. 627 (Word version) -- Senators Bennett, Adams, Kimbrell, M. Johnson, Davis, Turner, Campsen, Hembree, Alexander, Williams, Cromer, McElveen, Loftis, Climer, Talley, Rice, Garrett, Rankin, Leatherman and Young: A BILL TO AMEND SECTION 12-6-545, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX RATES FOR PASS-THROUGH TRADE AND BUSINESS INCOME, SO AS TO CREATE AN ELECTION TO TAX PARTNERSHIPS AND "S" CORPORATIONS AT THE ENTITY LEVEL; AND TO AMEND SECTION 12-6-3400, RELATING TO CREDIT FOR INCOME TAX PAID BY SOUTH CAROLINA RESIDENTS TO ANOTHER STATE, SO AS TO PROVIDE THAT AN ELECTING PASS-THROUGH BUSINESS ENTITY IS ELIGIBLE FOR THE CREDIT.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\627C001.NBD.DG21), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting: / SECTION 1. Section 12-6-545 of the 1976 Code is amended by adding a new subsection at the end to read:
"(G)(1) Notwithstanding Section 12-6-510 and any other provision of this section, a partnership or 'S' corporation, including a limited liability company taxed as a partnership or 'S' corporation, may elect annually under this subsection to have income tax on its active trade or business income at the rate provided in subsection (B)(2) imposed on the pass-through business entity itself. Such elections must be made no later than the due date for filing the applicable income tax return, including any extensions.
(2) Also notwithstanding Section 12-6-510, in computing South Carolina taxable income, an individual shall exclude net income or losses from an electing entity of which the individual is a shareholder, partner, or member provided that the entity properly filed an income tax return and paid the taxes pursuant to this subsection that included the net income or loss.
(3) A pass-through business entity making an election under this subsection shall report to each of its owners the owner's pro rata or distributive share of the trade or business income on which the pass-through business entity paid tax under this subsection. To the extent of the share, the net active trade or business losses of the owner from other pass-through entities that are reported directly by such owner may not reduce tax at a rate higher than the rate provided in subsection (B)(2).
(4) An owner of a pass-through business entity making an election under this subsection is not allowed a credit under Section 12-6-3400 for taxes paid to another state on the entity's active trade or business income taxed to the entity pursuant to the election, but the entity itself is allowed a credit under Section 12-6-3400 for the taxes that would otherwise be creditable to its owners under the section in the absence of such election, subject to the limitation contained in that section applied at the entity level.
(5) Section 12-8-590, dealing with tax withholding on distributions to nonresident shareholders of 'S' corporations and nonresident partners, does not apply to electing entities regarding their active trade or business income.
(6) For tax years beginning after 2021, an electing entity shall submit estimated tax payments pursuant to Section 12-6-3910. (7) If the electing entity fails to pay the amount owed to the department with respect to income as a result of the election, the department may collect the amount from the electing entity or the shareholders, partners, or members based upon their proportionate share of the income, or both." /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 3059 (Word version) -- Reps. Hixon, Forrest and W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING ARTICLE 3 OF CHAPTER 17, TITLE 51 RELATING TO THE HERITAGE TRUST REVENUE BONDS.
The Senate proceeded to a consideration of the Bill.
Senator CAMPSEN explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 3549 (Word version) -- Reps. Ott, Kirby, Bryant and Pope: A BILL TO AMEND SECTION 50-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO OFFER A LICENSE, PERMIT, OR TAG MADE OF A DURABLE MATERIAL AND TO ESTABLISH A FEE; AND TO AMEND SECTION 50-9-50, RELATING TO THE POSSESSION OF A HUNTING OR FISHING LICENSE, PERMIT, OR STAMP, SO AS TO ALLOW FOR A PERSON HUNTING OR FISHING TO DISPLAY THEIR LICENSE, PERMIT, OR STAMP ELECTRONICALLY.
The Senate proceeded to a consideration of the Bill.
The Committee on Fish, Game and Forestry proposed the following amendment (3549R001.KMM.GEC), which was adopted:
Amend the bill, as and if amended, on page 1, by striking lines 40 through 42, and on page 2, by striking lines 1 through 4 and inserting:
/ (B) A person exercising the privileges of a license, permit, or stamp may provide proof of the license, permit, or stamp to a law enforcement officer upon demand by use of a mobile electronic device in a format prescribed by the department. A person carrying a mobile electronic device with access to electronic proof of a license, permit, or stamp is deemed to be carrying the license, permit, or stamp on his person. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 3684 (Word version) -- Reps. Herbkersman, Erickson, Bradley and W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-1713 SO AS TO PROVIDE LIMITS FOR COBIA CAUGHT IN THE WATERS OF THIS STATE AND PROHIBIT THE TAKING OR POSSESSION OF COBIA WHEN FEDERAL REGULATIONS PROVIDE FOR THE CLOSURE OF A RECREATIONAL OR COMMERCIAL COBIA FISHERY IN THE WATERS OF THE SOUTH ATLANTIC OCEAN; AND TO AMEND SECTION 50-5-2730, AS AMENDED, RELATING TO THE APPLICATION OF FEDERAL FISHING REGULATIONS IN THE WATERS OF THIS STATE, SO AS TO REMOVE THE EXCEPTION FOR COBIA.
The Senate proceeded to a consideration of the Bill.
Senator CAMPSEN explained the Bill.
The question being the second reading of the Bill. The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 3770 (Word version) -- Reps. G.M. Smith, Stavrinakis, Wetmore, Weeks, Hewitt, Wheeler, Erickson, Bradley, W. Newton and Dillard: A JOINT RESOLUTION TO AUTHORIZE THE USE OF FEDERAL FUNDS FROM THE EMERGENCY RENTAL ASSISTANCE PROGRAM, AND TO PROVIDE THE MANNER IN WHICH THE FUNDS MUST BE DISTRIBUTED.
The Senate proceeded to a consideration of the Resolution.
The Committee on Finance proposed the following amendment (SA\3770C001.BH.SA21): Amend the joint resolution, as and if amended, SECTION 2, by striking subsection (A)(1) and inserting:
/ (A)(1) There is created the South Carolina Emergency Rental Assistance Program (program) administered by the South Carolina State Housing Financing and Development Authority (SC Housing), under the direction of its board of commissioners, with the funds appropriated in SECTION 1, to assist eligible households that are unable to pay rent, utilities, and other expenses incurred related to housing due to the COVID-19 pandemic, as defined by the Secretary of the Treasury. /
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
On motion of Senator CLIMER, the Resolution was carried over.
H. 3925 (Word version) -- Reps. Allison, Trantham, Felder, Simrill, Ligon, Collins, Calhoon, Huggins, McCabe and Pope: A JOINT RESOLUTION TO WAIVE CERTAIN PROVISIONS OF SECTION 59-63-100 OF THE 1976 CODE RELATING TO LIMITATIONS ON HOMESCHOOL STUDENT ELIGIBILITY TO PARTICIPATE IN PUBLIC SCHOOL INTERSCHOLASTIC ACTIVITIES FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS.
Senator KIMPSON objected to consideration of the Resolution.
S. 569 (Word version) -- Senator Adams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 52 RIVERS AVENUE FROM ITS INTERSECTION WITH MALL DRIVE TO ITS INTERSECTION WITH MCMILLAN AVENUE IN CHARLESTON COUNTY "ROBERT ANTHONY 'TONY' WAY ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Resolution was adopted, ordered sent to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 615 (Word version) -- Senators Young and Campsen: A BILL TO AMEND SECTION 59-63-100 OF THE 1976 CODE, RELATING TO NONPUBLIC SCHOOL STUDENT PARTICIPATION IN THE INTERSCHOLASTIC ACTIVITIES OF PUBLIC SCHOOLS, TO PROVIDE LIMITED SITUATIONS IN WHICH HIGH SCHOOL STUDENTS WHO ATTEND PRIVATE SCHOOLS MAY PARTICIPATE IN HIGH SCHOOL LEAGUE SPORTS OFFERED AT PUBLIC HIGH SCHOOLS; AND TO DEFINE NECESSARY TERMS.
Senator MASSEY moved that the Bill be made a Special Order.
Senator FANNING argued in opposition of the motion.
Senator MARTIN argued in favor of the motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Michael Kimbrell Leatherman Loftis Malloy Massey Peeler Rankin Rice Senn Setzler Shealy Talley Turner Verdin Young
Allen Fanning Harpootlian Jackson Johnson, Kevin Kimpson Martin Matthews McElveen McLeod Sabb Scott Stephens Williams
H. 3925 (Word version) -- Reps. Allison, Trantham, Felder, Simrill, Ligon, Collins, Calhoon, Huggins, McCabe and Pope: A JOINT RESOLUTION TO WAIVE CERTAIN PROVISIONS OF SECTION 59-63-100 OF THE 1976 CODE RELATING TO LIMITATIONS ON HOMESCHOOL STUDENT ELIGIBILITY TO PARTICIPATE IN PUBLIC SCHOOL INTERSCHOLASTIC ACTIVITIES FOR THE 2021-2022 AND 2022-2023 SCHOOL YEARS.
Senator MASSEY moved that the Resolution be made a Special Order.
Senator MARTIN argued in opposition of the motion.
The Resolution was made a Special Order.
At 2:12 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
H. 3589 (Word version) -- Reps. Allison, Lucas, M.M. Smith, Calhoon, Felder and Huggins: A BILL TO AMEND SECTION 59-19-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SCHOOLS OF CHOICE EXEMPT FROM CERTAIN STATUTES AND REGULATIONS, SO AS TO REDESIGNATE THESE SCHOOLS AS BEING SCHOOLS OF INNOVATION, TO CLARIFY THAT PUBLIC SCHOOL DISTRICTS MAY ESTABLISH MULTIPLE SCHOOLS OF INNOVATION, AND TO PROVIDE PROCEDURES FOR OBTAINING AND RENEWING STATUS AS A SCHOOL OF INNOVATION.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator HEMBREE explained the amendments.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Leatherman Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Rice Sabb Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
On motion of Senator HEMBREE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
At 2:20 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.
This web page was last updated on Tuesday, March 23, 2021 at 3:34 P.M.