NO. 71
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
II Samuel 6:14a
We remember that David, acting in his role as a priest, "... danced before the Lord with all his might. . . ."
Let us pray: O God, we are quite aware that only a few days are remaining in this Regular Session for the Senate of South Carolina. With that reminder, how strong most likely is the temptation for each Senator and even for every staff aide to follow David's example and to break into wild, frenetic dancing here on the floor of this Chamber. We would all understand if they were to do so. For after weeks of long hours spent tirelessly working on behalf of those they represent, the desire for a bit of celebration is understandable. But we're not quite there yet, O Lord; we know that. A good bit of work remains to be done. So we ask that You keep these servants focused for a few more days, guiding them and blessing them as they try to wrap things up in meaningful fashion. And then, dear God, let the dancing begin! So we pray in Your loving name, Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Allen Bennett Campsen Cash Cromer Fanning Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Michael Kimbrell Leatherman Malloy Martin Massey Matthews McElveen McLeod Peeler Rice Setzler Shealy Stephens Talley Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Charles R. Keep III, 9 Willow Oak Road W., Hilton Head, SC 29928-4408 VICE Hon. Ralph Edwin Tupper - retired
Initial Appointment, Lee County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Windi King, 414 Marsh Street, Bishopville, SC 29010-1924 VICE Hon. Palmella Sara Andrews-Brown
Reappointment, Calhoun County Master-in-Equity, with the term to commence August 14, 2021, and to expire August 14, 2027
Martin R. Banks, 716 F. R. Huff Dr., St. Matthews, SC 29135
Reappointment, Orangeburg County Master-in-Equity, with the term to commence August 15, 2021, and to expire August 15, 2027
James B. Jackson, Jr., 133 Wateree Drive, Santee, SC 29142
On behalf of Senator SETZLER, the Privilege of the Chamber, to that area behind the rail, was extended to Mr. Henry Minis in recognition of his outstanding service with the South Carolina Senate and in honor of his retirement.
On motion of Senator TALLEY, with unanimous consent, Senators JACKSON, WILLIAMS, MASSEY and TALLEY were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.
Senator CAMPSEN introduced Dr. Justine DeCastro of Mount Pleasant, S.C., Doctor of the Day.
On motion of Senator FANNING, at 12:53 P.M., Senator KIMPSON was granted a leave of absence for today.
On motion of Senator ALEXANDER, at 5:08 P.M., Senator LEATHERMAN was granted a leave of absence for the balance of the day.
On motion of Senator TALLEY, at 5:08 P.M., Senator SENN was granted a leave of absence for the balance of the day.
At 5:44 P.M., Senator GROOMS requested a leave of absence until 9:00 A.M.
The following co-sponsors were added to the respective Bills:
S. 152 (Word version) Sens. Climer and Scott
S. 230 (Word version) Sen. Gustafson
S. 475 (Word version) Sen. Gustafson
S. 803 (Word version) Sens. McLeod, Talley and Gustafson
H. 4315 (Word version) -- Reps. Atkinson and Kirby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY FROM ITS INTERSECTION WITH BROCKINGTON ROAD TO SOUTH CYPRESS STREET "WILLIAM 'PENN' TROY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
Senator GROOMS 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.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered sent to the House.
H. 4281 (Word version) -- Rep. Kirby: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF NORTH OLD RIVER ROAD IN FLORENCE COUNTY FROM ITS INTERSECTION WITH BASSWOOD ROAD TO ITS INTERSECTION WITH DELTA MILL ROAD "JUDGE TAFT GUILES, JR. ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
Senator GROOMS 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.
Senator GROOMS asked unanimous consent to make a motion to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question then was the adoption of the Resolution.
On motion of Senator GROOMS, the Resolution was adopted and ordered sent to the House.
The following were introduced:
S. 806 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE PURE FISHING, INC. AS THE LARGEST FISHING-RELATED PRODUCT MANUFACTURER IN THE WORLD AND TO COMMEND PURE FISHING, INC. ON THE COMPANY'S OVER FIFTY YEARS OF CONTRIBUTIONS TO SOUTH CAROLINA'S WORKFORCE AND ECONOMY.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 807 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE KATHERINE "KATHY" R. LIGON UPON THE OCCASION OF HER RETIREMENT AS PRESIDENT AND CEO OF PRESBYTERIAN COMMUNITIES OF SOUTH CAROLINA, TO COMMEND HER FOR HER THIRTY-THREE YEARS OF DEDICATED SERVICE TO THE ORGANIZATION AND MINISTRY, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
S. 808 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE JOY SCHARICH UPON THE OCCASION OF HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE OCONEE COUNTY BOARD OF ELECTIONS & VOTER REGISTRATION, TO COMMEND HER FOR HER MORE THAN TWENTY YEARS OF DEDICATED SERVICE, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
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The Senate Resolution was adopted.
S. 809 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE THE D.W. DANIEL HIGH SCHOOL FOOTBALL TEAM, COACHES, AND SCHOOL OFFICIALS ON AN OUTSTANDING SEASON AND TO HONOR THEM FOR WINNING THE 2020 CLASS 3A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.
S. 810 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO HONOR AND RECOGNIZE MASTER SERGEANT JAMES V. ROONEY FOR HIS MANY YEARS OF DISTINGUISHED SERVICE WITH THE UNITED STATES ARMY.
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The Senate Resolution was adopted.
S. 811 (Word version) -- Senators Kimbrell, Verdin, Garrett, Cash, M. Johnson, Talley and Shealy: A BILL TO ENACT THE "MEDICAL ETHICS AND DIVERSITY ACT"; TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, BY ADDING CHAPTER 139, TO AUTHORIZE MEDICAL PRACTITIONERS, HEALTH CARE INSTITUTIONS, AND HEALTH CARE PAYERS NOT TO PARTICIPATE IN HEALTH CARE SERVICES THAT VIOLATE THE PRACTITIONER'S OR ENTITY'S CONSCIENCE AND TO PROTECT THESE INDIVIDUALS AND ENTITIES FROM CIVIL, CRIMINAL, OR ADMINISTRATIVE LIABILITY AND FROM DISCRIMINATION FOR EXERCISING THEIR PERSONAL RIGHT OF CONSCIENCE, WITH EXCEPTIONS; TO CREATE A PRIVATE RIGHT OF ACTION FOR MEDICAL PRACTITIONERS, HEALTH CARE INSTITUTIONS, AND HEALTH CARE PAYERS FOR VIOLATION OF THE CHAPTER, AND FOR OTHER PURPOSES, AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 812 (Word version) -- Senator Alexander: A BILL TO AMEND CHAPTER 2, TITLE 40 OF THE 1976 CODE, RELATING TO ACCOUNTANTS, TO PROVIDE FOR THE PRACTICE OF CERTIFIED PUBLIC ACCOUNTANTS.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 813 (Word version) -- Senator Harpootlian: A BILL TO AMEND SECTION 59-117-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES, SO AS TO REDUCE THE SIZE OF THE BOARD AND THE AREAS FROM WHICH ELECTED MEMBERS ARE SELECTED; TO AMEND SECTION 59-117-20, RELATING TO TERMS OF ELECTED MEMBERS OF THE BOARD, SO AS TO PROVIDE FOR THE ELECTION OF NEW MEMBERS OF THE BOARD FOR STAGGERED TERMS BEGINNING JULY 1, 2020; TO AMEND SECTION 59-117-40, RELATING TO THE POWERS AND DUTIES OF THE BOARD, SO AS TO REVISE CERTAIN POWERS; AND TO AMEND SECTION 59-117-50, RELATING TO MEETINGS OF THE BOARD, SO AS TO FURTHER PROVIDE FOR HOW SPECIAL MEETINGS OF THE BOARD MAY BE CALLED.
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Read the first time and referred to the Committee on Education.
S. 814 (Word version) -- Senator Leatherman: A SENATE RESOLUTION TO RECOGNIZE CERTIFIED REGISTERED NURSE ANESTHETISTS AND THEIR SIGNIFICANT CONTRIBUTIONS TO PROVIDING QUALITY HEALTH CARE TO THE PUBLIC.
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The Senate Resolution was adopted.
S. 815 (Word version) -- Senator McLeod: A SENATE RESOLUTION TO HONOR AND COMMEND KENNETH CORBIN FOR HIS COURAGEOUS ACTIONS IN A LIFE-THREATENING SITUATION AND TO OFFER HEARTFELT GRATITUDE FOR HIS HEROISM.
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The Senate Resolution was adopted.
S. 816 (Word version) -- Senator Allen: A SENATE RESOLUTION TO CONGRATULATE AND HONOR JAMES O. DOGAN, SUPREME PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE INTERNATIONAL FREE AND ACCEPTED MODERN MASONS, INC. AND ORDER OF THE EASTERN STAR, UPON THE OCCASION OF HIS RETIREMENT, TO THANK HIM FOR HIS DEDICATED SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 817 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO RECOGNIZE SUNDAY, MAY 9, THROUGH SATURDAY, MAY 15, 2021, AS "NATIONAL CHARTER SCHOOLS WEEK" IN SOUTH CAROLINA AND TO ACKNOWLEDGE THE IMPORTANCE OF EDUCATING THE CHILDREN OF THIS STATE IN INNOVATIVE CLASSROOMS AND SCHOOLS.
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The Senate Resolution was adopted.
S. 818 (Word version) -- Senator McElveen: A SENATE RESOLUTION TO CONGRATULATE THE HONORABLE JOSEPH T. MCELVEEN, JR. UPON THE OCCASION OF HIS RETIREMENT AS MAYOR, TO COMMEND HIM FOR HIS MANY YEARS OF DISTINGUISHED PUBLIC SERVICE TO THE CITY OF SUMTER AND THE STATE OF SOUTH CAROLINA, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS TO COME.
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The Senate Resolution was adopted.
H. 3205 (Word version) -- Reps. Taylor, Lucas, Pope, Elliott, Allison, Hiott, Fry, J. E. Johnson, Jordan, Caskey, B. Newton, Bryant, G. M. Smith, G. R. Smith, Willis, Huggins, Blackwell, Erickson, Forrest, Hixon, Herbkersman, Thayer, Wooten, Morgan, Daning, Hardee, B. Cox, Bannister, Hewitt, Felder, Stringer, Davis, Calhoon, Oremus, Bennett, Gilliam, West, Haddon, Trantham, Lowe, McGarry, M. M. Smith, Bustos, V. S. Moss, W. Newton, May, Martin, Brittain, McGinnis, Bradley, Ballentine, Dabney, Carter, T. Moore and Kimmons: A JOINT RESOLUTION TO MAKE APPLICATION TO THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR PROPOSING AMENDMENTS PURSUANT TO ARTICLE V OF THE UNITED STATES CONSTITUTION LIMITED TO PROPOSING AMENDMENTS THAT IMPOSE FISCAL RESTRAINTS ON THE FEDERAL GOVERNMENT, LIMIT THE POWER AND JURISDICTION OF THE FEDERAL GOVERNMENT, AND LIMIT THE TERMS OF OFFICE FOR ITS OFFICIALS AND FOR MEMBERS OF CONGRESS; TO PROVIDE CERTAIN RESERVATIONS, UNDERSTANDINGS, AND DECLARATIONS LIMITING THE APPLICATION; AND TO PROVIDE CERTAIN SELECTION CRITERIA FOR COMMISSIONERS AS WELL AS LIMITATIONS UPON THEIR AUTHORITY.
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Read the first time and referred to the Committee on Judiciary.
Senator SHEALY from the Committee on Family and Veterans' Services submitted a favorable report on:
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 425 (Word version) -- Senators Alexander, McLeod, Young and Gustafson: A BILL TO AMEND ARTICLE 1, CHAPTER 35, TITLE 43 OF THE 1976 CODE, RELATING TO DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES CONCERNING ADULT PROTECTION, BY ADDING SECTION 43-35-87, TO AUTHORIZE BANKING INSTITUTIONS TO DECLINE CERTAIN FINANCIAL TRANSACTION REQUESTS IN CASES OF THE SUSPECTED FINANCIAL EXPLOITATION OF A VULNERABLE ADULT, AND TO DEFINE NECESSARY TERMS.
Very respectfully,
Speaker of the House
Received as information.
On motion of Senator ALEXANDER, the Senate receded from its amendments and a message was sent to the House accordingly.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 525 (Word version) -- Senators Gambrell, Verdin, Massey, Loftis, Garrett and Gustafson: A BILL TO AMEND SECTION 44-96-40 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, TO DEFINE NECESSARY TERMS RELATED TO ADVANCED RECYCLING AND ADVANCED RECYCLING FACILITIES.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator GAMBRELL, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar, proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
S. 525 (Word version) -- Senators Gambrell, Verdin, Massey, Loftis, Garrett and Gustafson: A BILL TO AMEND SECTION 44-96-40 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, TO DEFINE NECESSARY TERMS RELATED TO ADVANCED RECYCLING AND ADVANCED RECYCLING FACILITIES.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator GAMBRELL explained the House amendments.
Senator CAMPSEN proposed the following amendment (JUD0525.001), which was adopted:
Amend the bill, as and if amended, by striking SECTION 5 on page 5, and inserting:
/ SECTION 5. Within one hundred and twenty days after the effective date of this act, the Department of Health and Environmental Control shall submit regulations to guide all South Carolinians invested in, selling, installing, and using photovoltaic modules and energy storage system batteries in the management of end-of-life photovoltaic modules and energy storage system batteries on solar projects and the decommissioning of solar projects in excess of thirteen acres. Management of end-of-life photovoltaic modules and energy storage system batteries shall include both partial refurbishing of a solar project and complete decommissioning. In the development of these rules, the department shall collaborate with stakeholders and shall consider all of the following matters: (1) Whether photovoltaic modules, energy storage system batteries, their materials, or other equipment used in utility-scale solar projects exhibit any of the characteristics of hazardous waste, as identified in 40 C.F.R. Part 261, or under rules adopted pursuant to the S.C. Hazardous Waste Management Act, Section 44-56-10 of the 1976 Code, or if any such equipment is properly characterized as solid waste under State and Federal law.
(2) Preferred methods to responsibly manage end-of-life photovoltaic modules, energy storage system batteries, or the constituent materials thereof, or other equipment used in utility-scale solar projects, including the extent to which such equipment may be:
(a) reused, if not damaged or in need of repair, for a similar purpose;
(b) refurbished, if not substantially damaged, and reused for a similar purpose;
(c) recycled with recovery of materials for similar or other purposes;
(d) safely disposed of in construction and demolition or municipal solid waste landfills for material that does not exhibit any of the characteristics of hazardous waste under state or federal law; or
(e) safely disposed of in accordance with state and federal requirements governing hazardous waste for materials that exhibit any of the characteristics of hazardous waste under state or federal law.
(3) The volume of photovoltaic modules and energy storage system batteries currently in use in the State, and projections, based upon the data on life cycle identified currently on impacts that may be expected to the State's landfill capacity if landfill disposal is permitted for such equipment at end-of-life.
(4) Whether or not adequate financial assurance requirements are necessary to ensure proper decommissioning of solar projects in excess of thirteen acres upon cessation of operations.
(5) Infrastructure that may be needed to develop a practical, effective, and cost-effective means to collect and transport end-of-life photovoltaic modules, energy storage system batteries, and other equipment used in utility-scale solar projects for reuse, refurbishment, recycling, or disposal. (6) Whether or not manufacturer or installer stewardship programs for the recycling of end-of-life photovoltaic modules and energy storage system batteries should be established for applications other than utility-scale solar project installations, and if so, fees that should be established for these manufacturers and installers to support the implementation of such requirements.
The department must require, as part of a new application or an application pending on July 1, 2021, local approval of a site plan for a solar farm in excess of thirteen acres, that an owner, lessee, or developer of real property upon which the site is situated must submit to the department a non-binding plan to manage and dispose of end-of-life photovoltaic modules and energy storage system batteries and decommission solar energy equipment, facilities, or devices. The department is authorized to, by regulation, establish a more formal or detailed process for receiving the plans submitted pursuant to this provision, to include increased reporting requirements.
The department shall submit interim reports to the Chairman of the Senate Judiciary Committee and the Chairman of the House Labor, Commerce and Industry Committee on all activities pursuant to this provision on a quarterly basis beginning July 1, 2021, and shall submit a final report with findings, including stakeholder input, to the to the Chairman of the Senate Judiciary Committee and the Chairman of the House Labor, Commerce and Industry Committee no later than June 30, 2022. /
SECTION 6. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the amendment.
The question then was the adoption of the amendment.
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 Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Rice Sabb Setzler Shealy Stephens Talley Turner Verdin Williams Young
The amendment was adopted.
Senator GAMBRELL proposed the following amendment (525R014.SP.MWG), which was adopted:
Amend the bill, as and if amended, by striking SECTION 3.C. in its entirety.
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION __. The provisions of SECTIONS 2 and 3 terminate on the third anniversary of the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator GAMBRELL explained the amendment.
The question then was the adoption of the amendment.
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, Michael Kimbrell Loftis Malloy Martin Massey Peeler Rankin Rice Shealy Stephens Talley Turner Verdin Williams Young
Johnson, Kevin McElveen McLeod Sabb Scott
The amendment was adopted.
There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Calhoun County Master-in-Equity, with term to commence August 14, 2021, and to expire August 14, 2027:
The Honorable Martin R. Banks, 716 F. R. Huff Drive, St. Matthews, S.C. 29135
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Orangeburg County Master-in-Equity, with term to commence August 15, 2021, and to expire August 15, 2027:
The Honorable James B. "Jay" Jackson, Jr., 133 Wateree Drive, Santee, S.C. 29116
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 201 (Word version) -- Senator Hembree: A BILL TO AMEND CHAPTER 18, TITLE 59 OF THE 1976 CODE, RELATING TO THE EDUCATION ACCOUNTABILITY ACT, BY ADDING ARTICLE 16, TO PROVIDE REVISED ACCOUNTABILITY MEASURES FOR PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS; AND TO REPEAL ARTICLE 15, CHAPTER 18, TITLE 59 OF THE 1976 CODE, RELATING TO INTERVENTION AND ASSISTANCE UNDER THE EDUCATION ACCOUNTABILITY ACT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators: The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3354 (Word version) -- Rep. Ballentine: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A RENEWABLE ENERGY RESOURCE PROPERTY HAVING A NAMEPLATE CAPACITY OF AND OPERATING AT NO GREATER THAN TWENTY KILOWATTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3899 (Word version) -- Reps. Elliott, G.R. Smith, Erickson, Herbkersman, Daning, Taylor, Hixon, Bennett, Willis, Bannister, Morgan, Stringer, Haddon, Burns, B. Cox, Huggins, B. Newton, Fry and McGarry: A BILL TO AMEND SECTION 12-6-3790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCEPTIONAL NEEDS CHILD TAX CREDIT, SO AS TO PROVIDE HOW THE PROCEEDS OF THE FUND MUST BE ADMINISTERED, TO INCREASE THE AMOUNT THE PUBLIC CHARITY MAY EXPEND FOR ADMINISTRATION COSTS TO EIGHT PERCENT; TO APPROPRIATE TWELVE MILLION DOLLARS TO THE DEPARTMENT OF EDUCATION SO THE DEPARTMENT MAY MAKE A DONATION OF TWELVE MILLION DOLLARS TO EXCEPTIONAL SC; AND TO REMOVE A PROVISION THAT REQUIRES A SCHOOL TO PROVIDE CERTAIN INDIVIDUAL STUDENT TEST SCORES IN ITS APPLICATION.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3024 (Word version) -- Reps. Henegan, Robinson, Thigpen, Pendarvis, Yow, Bryant, D.C. Moss, Matthews, Brawley and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE BARBERSHOP PERMITS, TO ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3865 (Word version) -- Reps. Wetmore, Hewitt, Cogswell, Bustos, Anderson, Stavrinakis, Bennett, Erickson and Bradley: A BILL TO AMEND SECTION 50-21-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT LAWS AND ORDINANCES, SO AS TO PROHIBIT A LOCAL GOVERNMENT FROM ADOPTING AN ORDINANCE RELATING TO WATERCRAFT OR WATER DEVICES USED OR HELD FOR USE ON THE WATERS OF THIS STATE AND TO PROVIDE EXCEPTIONS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3694 (Word version) -- Reps. Atkinson, Hardee, Hewitt, Fry, Brittain, Hayes, McGinnis, R. Williams, V.S. Moss, Lowe, Bryant, Forrest and Anderson: A BILL TO AMEND SECTION 50-11-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEAR HUNTING, SO AS TO ALLOW FOR THE USE OF BAIT WHEN HUNTING BEAR IN GAME ZONE 4 DURING A CERTAIN TIME PERIOD.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 304 (Word version) -- Senators Climer and Fanning: A BILL TO AMEND THE 1976 SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 58-27-1060, SO AS TO PROVIDE WHEN A PERSON OR CORPORATION USING AN ELECTRIC VEHICLE CHARGING STATION IS NOT AN ELECTRIC UTILITY, AND TO FURTHER PROVIDE THAT ANY INCREASE IN CUSTOMER DEMAND OR ENERGY CONSUMPTION ASSOCIATED WITH TRANSPORTATION ELECTRIFICATION SHALL NOT CONSTITUTE REVENUES FOR AN ELECTRICAL UTILITY.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
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, Young and Gustafson: 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.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator BENNETT, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar, proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
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, Young and Gustafson: 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 House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator BENNETT explained the amendments.
On motion of Senator BENNETT, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
S. 677 (Word version) -- Senators Davis, Goldfinch, Jackson, Shealy, Grooms, Gambrell, Matthews, Turner, Alexander, Hutto, Talley, Kimpson, McElveen, Stephens, M. Johnson, Williams, Kimbrell, Campsen, Sabb and Climer: A BILL TO AMEND SECTION 12-2-100 OF THE 1976 CODE, RELATING TO TAX CREDITS, TO PROVIDE FOR THE ALLOCATION OF A TAX CREDIT OR UNUSED CREDIT AMOUNT CARRIED FORWARD THAT IS EARNED BY A PARTNERSHIP OR LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator DAVIS, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar, proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
S. 677 (Word version) -- Senators Davis, Goldfinch, Jackson, Shealy, Grooms, Gambrell, Matthews, Turner, Alexander, Hutto, Talley, Kimpson, McElveen, Stephens, M. Johnson, Williams, Kimbrell, Campsen, Sabb and Climer: A BILL TO AMEND SECTION 12-2-100 OF THE 1976 CODE, RELATING TO TAX CREDITS, TO PROVIDE FOR THE ALLOCATION OF A TAX CREDIT OR UNUSED CREDIT AMOUNT CARRIED FORWARD THAT IS EARNED BY A PARTNERSHIP OR LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator DAVIS 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 Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
On motion of Senator DAVIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has requested and was granted Free Conference Powers and has appointed Reps. West, Henderson-Myers and Morgan to the Committee of Free Conference on the part of the House 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.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
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.
Very respectfully,
Speaker of the House
Received as information.
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
H. 3056 (Word version) -- Reps. Hixon, Forrest and W. Newton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTIONS 50-19-210 THROUGH 50-19-240 ALL RELATING TO THE PRESTWOOD LAKE WILDLIFE REFUGE BOARD; BY REPEALING SECTIONS 50-19-1710 THROUGH 50-19-1730 ALL RELATING TO THE CATAWBA-WATEREE FISH AND GAME COMMISSION; BY REPEALING ARTICLE 1 OF CHAPTER 19, TITLE 50 RELATING TO THE CHEROKEE FISH AND GAME CLUB; BY REPEALING ARTICLE 3 OF CHAPTER 19, TITLE 50 RELATING TO THE DARLINGTON COUNTY ADVISORY FISH AND GAME COMMISSION; BY REPEALING ARTICLE 17 OF CHAPTER 19, TITLE 50 RELATING TO THE DUTIES OF THE LEE COUNTY LEGISLATIVE DELEGATION TO PROTECT FISH AND GAME IN LEE COUNTY; BY REPEALING ARTICLE 19 OF CHAPTER 19, TITLE 50 RELATING TO THE MARION COUNTY FISH AND GAME COMMISSION AND THE ESTABLISHMENT OF THE SHELLY LAKE FISH SANCTUARY IN MARION COUNTY; BY REPEALING ARTICLE 21 OF CHAPTER 19, TITLE 50 RELATING TO FISH AND WILDLIFE PROJECTS IN MARLBORO COUNTY; BY REPEALING ARTICLE 23 OF CHAPTER 13, TITLE 51 RELATING TO THE ENOREE RIVER GREENWAY COMMISSION; BY REDESIGNATING ARTICLE 5 OF CHAPTER 19, TITLE 50 AS "SLADE LAKE FISHING"; AND BY REDESIGNATING ARTICLE 29 OF CHAPTER 19, TITLE 50 AS "FISHING AND HUNTING IN LAKE WATEREE".
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
Columbia, S.C., May 12, 2021
Mr. President and Senators: The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
H. 3244 (Word version) -- Reps. Collins, Cobb-Hunter, Huggins, Thayer, Anderson, Caskey, Govan and S. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT FIRST INITIATIVE ACT" BY ADDING CHAPTER 5 TO TITLE 41 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO ESTABLISH POLICIES SUPPORTIVE OF COMPETITIVE AND INTEGRATED EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES, TO CREATE RELATED RESPONSIBILITIES FOR STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE, TO CREATE THE "SOUTH CAROLINA EMPLOYMENT FIRST OVERSIGHT COMMISSION", AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE COMMISSION.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator ALEXANDER, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar, proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
H. 3244 (Word version) -- Reps. Collins, Cobb-Hunter, Huggins, Thayer, Anderson, Caskey, Govan and S. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EMPLOYMENT FIRST INITIATIVE ACT" BY ADDING CHAPTER 5 TO TITLE 41 SO AS TO PROVIDE NECESSARY DEFINITIONS, TO ESTABLISH POLICIES SUPPORTIVE OF COMPETITIVE AND INTEGRATED EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES, TO CREATE RELATED RESPONSIBILITIES FOR STATE AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE, TO CREATE THE "SOUTH CAROLINA EMPLOYMENT FIRST OVERSIGHT COMMISSION", AND TO PROVIDE FOR THE COMPOSITION, FUNCTION, AND DUTIES OF THE COMMISSION. The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator ALEXANDER explained the amendments.
On motion of Senator ALEXANDER, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that they
have receded from amendments on:
H. 3539 (Word version) -- Reps. Davis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-55 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINE ON A PUBLIC ROAD OR WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS.
Very respectfully,
Speaker of the House
Received as information.
This Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification: H. 3539 (Word version) -- Reps. Davis and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-9-55 SO AS TO PROHIBIT THE TRANSPORTATION OF LIVE SWINE ON A PUBLIC ROAD OR WATERWAY WITHOUT AN OFFICIAL FORM OF IDENTIFICATION, AND TO PROVIDE AN EXCEPTION AND PENALTIES; TO AMEND SECTION 50-16-25, RELATING TO THE UNLAWFUL RELEASE OF PIGS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TRANSPORT A LIVE MEMBER OF THE FAMILY SUIDAE TAKEN FROM THE WILD; AND TO REPEAL SECTION 50-9-655 RELATING TO PIG TRANSPORT AND RELEASE PERMITS.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
H. 3786 (Word version) -- Reps. G.M. Smith, Murphy and Weeks: A BILL TO AMEND SECTION 1-1-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL SALARIES OF STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2022-2023 SALARIES FOR THE STATE CONSTITUTIONAL OFFICERS MUST BE BASED ON RECOMMENDATIONS BY THE AGENCY HEAD SALARY COMMISSION TO THE GENERAL ASSEMBLY; TO AMEND SECTION 8-11-160, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, SO AS TO PROVIDE THAT THE AGENCY HEAD SALARY COMMISSION MUST MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR THE SALARIES FOR STATE CONSTITUTIONAL OFFICERS; AND TO AMEND SECTION 8-11-165, RELATING TO SALARY AND FRINGE BENEFIT SURVEYS, SO AS TO PROVIDE THAT SALARY SURVEYS BE CONDUCTED FOR STATE CONSTITUTIONAL OFFICERS.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
On motion of Senator CROMER, the Senate agreed to waive the provisions of Rule 32A requiring the Bill to be printed on the Calendar, proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
H. 3786 (Word version) -- Reps. G.M. Smith, Murphy and Weeks: A BILL TO AMEND SECTION 1-1-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL SALARIES OF STATE CONSTITUTIONAL OFFICERS, SO AS TO PROVIDE THAT BEGINNING WITH FISCAL YEAR 2022-2023 SALARIES FOR THE STATE CONSTITUTIONAL OFFICERS MUST BE BASED ON RECOMMENDATIONS BY THE AGENCY HEAD SALARY COMMISSION TO THE GENERAL ASSEMBLY; TO AMEND SECTION 8-11-160, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, SO AS TO PROVIDE THAT THE AGENCY HEAD SALARY COMMISSION MUST MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR THE SALARIES FOR STATE CONSTITUTIONAL OFFICERS; AND TO AMEND SECTION 8-11-165, RELATING TO SALARY AND FRINGE BENEFIT SURVEYS, SO AS TO PROVIDE THAT SALARY SURVEYS BE CONDUCTED FOR STATE CONSTITUTIONAL OFFICERS.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator CROMER 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 Grooms Gustafson Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Massey McElveen McLeod Peeler Rankin Rice Sabb Scott Setzler Shealy Stephens Talley Turner Verdin Williams Young
Goldfinch Harpootlian Martin
On motion of Senator CROMER, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Columbia, S.C., May 12, 2021
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:
H. 3957 (Word version) -- Reps. Hewitt, Kirby, Bailey and G.M. Smith: A BILL TO AMEND SECTIONS 50-5-1705 AND 50-5-1710, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH AND SIZE LIMITS FOR THE TAKING, POSSESSING, LANDING, SELLING, OR PURCHASING OF CERTAIN FISH FROM THE STATE'S WATERS, SO AS TO DECREASE THE CATCH LIMIT AND INCREASE THE SIZE LIMIT FOR FLOUNDER.
Very respectfully,
Speaker of the House
Received as information.
Placed on Calendar for consideration tomorrow.
S. 783 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN MARION COUNTY FROM ITS INTERSECTION WITH BROCKINGTON ROAD TO SOUTH CYPRESS STREET "WILLIAM 'PENN' TROY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS. Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4241 (Word version) -- Reps. Anderson and Hewitt: A BILL TO AMEND ACT 907 OF 1962, AS AMENDED, RELATING TO THE GEORGETOWN COUNTY SCHOOL DISTRICT AND THE GEORGETOWN COUNTY BOARD OF EDUCATION, SO AS TO, AMONG OTHER THINGS, CONFORM LOCAL ELECTION PROCEDURES FOR MEMBERS OF THE BOARD OF EDUCATION TO THE CONTROLLING 2008 CONSENT JUDGMENT AND DECREE; TO DEFINE RELEVANT TERMS; TO PROVIDE THAT THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE GOVERNED BY A BOARD OF EDUCATION CONSISTING OF NINE MEMBERS WHO MUST BE ELECTED IN NONPARTISAN ELECTIONS CONDUCTED AT THE SAME TIME AS THE GENERAL ELECTION AND EVERY FOUR YEARS THEREAFTER, EXCEPT AS PROVIDED IN THIS ACT TO STAGGER THE MEMBERS' TERMS; TO PROVIDE THAT WHEN A VACANCY OCCURS IN OFFICE, BY REASON OF DEATH, RESIGNATION, OR REMOVAL, THE VACANCY IN OFFICE SHALL BE FILLED BY A SPECIAL ELECTION FOR THE REMAINDER OF THE UNEXPIRED TERM; TO PROVIDE THAT PERSONS DESIRING TO QUALIFY AS A CANDIDATE FOR THE GEORGETOWN COUNTY BOARD OF EDUCATION SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS; TO ESTABLISH THE APPLICABLE CANDIDATE FILING PERIOD; TO PROVIDE THAT THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS SHALL CONDUCT AND SUPERVISE THE ELECTIONS FOR MEMBERS OF THE GEORGETOWN COUNTY BOARD OF EDUCATION IN THE MANNER GOVERNED BY THE ELECTION LAWS OF THIS STATE, MUTATIS MUTANDIS; AND TO REPEAL ACT 237 OF 1983.
On motion of Senator SABB.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 264 (Word version) -- Senator Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 28, TITLE 44 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE "DISABLED SELF-EMPLOYMENT DEVELOPMENT TRUST FUND" TO PROVIDE ASSISTANCE TO INDIVIDUALS WITH DISABILITIES TO PURSUE ENTREPRENEURSHIP AND SELF-EMPLOYMENT OPPORTUNITIES, BY PROVIDING BUSINESS DEVELOPMENT GRANTS FOR THE STARTUP, EXPANSION, OR ACQUISITION OF A BUSINESS OPERATED WITHIN THE STATE; BY ADDING SECTION 12-6-3760 SO AS TO PROVIDE FOR A TAX CREDIT FOR TAXPAYER CONTRIBUTIONS TO THE FUND; AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO TAX RETURNS, SO AS TO ADD THE FUND TO THE LIST OF FUNDS TO WHICH A TAXPAYER MAY CONTRIBUTE ON A STATE INDIVIDUAL TAX RETURN.
S. 152 (Word version) -- Senators Davis, Campsen, Goldfinch, Senn, M. Johnson, Hutto, Malloy, Harpootlian, Cromer, Matthews, K. Johnson, Rice, Hembree, Verdin, Scott and Climer: A BILL TO ENACT THE "COUNTY GREEN SPACE SALES TAX ACT"; TO AMEND CHAPTER 10, TITLE 4 OF THE 1976 CODE, RELATING TO COUNTY LOCAL SALES AND USE TAXES, BY ADDING ARTICLE 10, TO CREATE THE COUNTY GREEN SPACE SALES TAX, TO IMPOSE THE TAX, TO PROVIDE FOR THE CONTENTS OF THE BALLOT AND THE PURPOSE FOR WHICH TAX PROCEEDS MAY BE USED, TO PROVIDE FOR THE IMPOSITION AND TERMINATION OF THE TAX, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL ADMINISTER AND COLLECT THE TAX, TO PROVIDE FOR DISTRIBUTIONS TO COUNTIES AND CONFIDENTIALITY, AND TO PROVIDE FOR UNIDENTIFIED FUNDS, TRANSFERS, AND SUPPLEMENTAL DISTRIBUTIONS.
The Senate proceeded to a consideration of the Bill.
Senator DAVIS spoke on the Bill.
Senator MASSEY spoke on the Bill. Senator BENNETT spoke on the Bill.
Senator MALLOY spoke on the Bill.
Senator CASH proposed the following amendment (152R001.SP.RJC), which was adopted:
Amend the bill, as and if amended, on page 5, by striking lines 35 through 43, and on page 6, by striking lines 1 through 16 and inserting:
/ (B) Upon receipt of an ordinance, a county's election commission must conduct a referendum on the question of imposing the sales and use tax in the area of the county that is to be subject to the tax. A referendum for imposition or reimposition of the tax must be held at the time of the next general election in an even-numbered year. Two weeks before a referendum, a county's election commission must publish in a newspaper of general circulation the question that is to appear on the ballot, with a description of the methods by which the county's governing body intends to procure open lands and green space for preservation. If the proposed question includes the use of sales taxes to defray debt service on bonds issued to pay the costs of any preservation procurements, then the notice must include a statement indicating the principal amount of the bonds proposed to be issued for the purpose and, if the issuance of the bonds is to be approved as part of the referendum, stating that the referendum includes the authorization of the issuance of bonds in that amount. This notice is in lieu of any other notice otherwise required by law. /
Renumber sections to conform.
Amend title to conform.
Senator CASH explained the amendment.
The amendment was adopted.
On motion of Senator DAVIS, the Bill was carried over.
The Senate proceeded to a consideration of the Bill.
The question being third 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 Leatherman Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Williams Young
The Bill was read the third time, passed and ordered returned to the House with amendments.
The following Bills were read the third time and ordered returned to the House with amendments.
H. 3024 (Word version) -- Reps. Henegan, Robinson, Thigpen, Pendarvis, Yow, Bryant, D.C. Moss, Matthews, Brawley and Stavrinakis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-355 SO AS TO AUTHORIZE THE STATE BOARD OF BARBER EXAMINERS TO ISSUE MOBILE BARBERSHOP PERMITS, TO ESTABLISH PERMIT REQUIREMENTS, AND TO FURTHER PROVIDE FOR THE REGULATION OF MOBILE BARBERSHOPS.
H. 3865 (Word version) -- Reps. Wetmore, Hewitt, Cogswell, Bustos, Anderson, Stavrinakis, Bennett, Erickson and Bradley: A BILL TO AMEND SECTION 50-21-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT LAWS AND ORDINANCES, SO AS TO PROHIBIT A LOCAL GOVERNMENT FROM ADOPTING AN ORDINANCE RELATING TO WATERCRAFT OR WATER DEVICES USED OR HELD FOR USE ON THE WATERS OF THIS STATE AND TO PROVIDE EXCEPTIONS.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 4006 (Word version) -- Reps. G.M. Smith and Weeks: A BILL TO AMEND SECTION 2.B. OF ACT 167 OF 2020, RELATING TO AN INCREASED LIMIT FOR CERTAIN OFF-PREMISES SALES, SO AS TO EXTEND THE INCREASE UNTIL MAY 31, 2022.
At 12:58 P.M., on motion of Senator MASSEY, the Senate receded from business until 2:00 P.M.
At 2:05 P.M., the Senate resumed.
Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Cash Climer Corbin Cromer Davis Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rice Senn Setzler Shealy Stephens Talley Turner Williams Young
A quorum being present, the Senate resumed.
Senator MARTIN rose for an Expression of Personal Interest.
Senator GUSTAFSON rose for an Expression of Personal Interest.
On motion of Senator ALEXANDER, with unanimous consent, the remarks of Senator GUSTAFSON, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator CLIMER rose for an Expression of Personal Interest.
S. 235 (Word version) -- Senator Turner: A BILL TO AMEND ACT 745 OF 1967, RELATING TO RENEWABLE WATER RESOURCES (REWA) FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, TO REVISE THE MEMBERSHIP OF ITS GOVERNING COMMISSION BY REMOVING ONE MEMBER FROM SPARTANBURG COUNTY AND ADDING ONE MEMBER FROM GREENVILLE COUNTY, AND TO AMEND REWA'S SERVICE AREA.
On motion of Senator TURNER, the Bill was recommitted to Committee on Judiciary.
The Senate proceeded to a consideration of the Bill.
Senators KIMBRELL, MALLOY and CAMPSEN proposed the following amendment (3308R002.SP.JK), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 50-21-10 of the 1976 Code is amended by adding two appropriately numbered new items to read:
"( ) 'Narrow waterway' means a segment of the waters of this State that is two hundred feet or less in width.
( ) 'Wake surf' means to operate a vessel that is ballasted in the stern so as to create a wake that is, or is intended to be, surfed by another person." /
Amend the bill further, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 50-21-870(B) of the 1976 Code is amended by adding an appropriately numbered new item to read:
"( ) wake surf in excess of idle speed within two hundred feet of a moored vessel, wharf, dock, bulkhead, pier, or person in the water." /
Renumber sections to conform.
Amend title to conform.
Senator KIMBRELL explained the amendment.
The amendment was adopted.
Senator GROOMS proposed the following amendment (3308R003.SP.LKG), which was adopted:
Amend the bill, as and if amended, in SECTION 2, Section 50-21-870(B)(6), by adding an appropriately lettered new subitem to read:
/ ( ) The provisions of this item do not apply to Lake Moultrie." /
Renumber sections to conform.
Amend title to conform. Senator GROOMS explained the amendment.
The amendment was adopted.
Senators CAMPSEN and GUSTAFSON proposed the following amendment (3308R002.GEC), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS to read:
/SECTION__. A Section 50-21-10 of the 1976 Code is amended by adding an appropriately numbered new item to read:
"( ) 'Personal watercraft' means a vessel, usually less than sixteen feet in length, that uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion and that is intended to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of the hull. Personal watercraft include a vessel commonly known as a 'jet ski'."
B. This SECTION takes effect July 1, 2022.
SECTION__. A. Section 50-21-90 of the 1976 Code is amended to read:
"Section 50-21-90. (A) The department is hereby authorized to inaugurate a comprehensive boating safety and boating educational program, and to seek the cooperation of boatmen, the federal government and other states. The department must administer a boating education course and may approve of additional boating education courses. A list of approved courses must be provided on the department's website.
(B) The following persons must be provided a South Carolina boating safety certificate in both physical and electronic forms by the department:
(1) a person who successfully completes a boating education course administered or approved by the department;
(2) a person who provides satisfactory proof to the department that the person was issued a boating safety certificate, or an equivalency, by another state; and
(3) a person who provides satisfactory proof to the department that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard."
B. This SECTION takes effect July 1, 2022.
SECTION__. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding: "Section 50-21-95. (A) It is unlawful for a person to operate upon the waters of this State a vessel powered by an engine of ten horsepower or greater, a personal watercraft, or a specialty propcraft without having possession of a South Carolina boating safety certificate issued by the department in the person's name, unless the person:
(1) was born on or before July 1, 2006;
(2) is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;
(3) is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;
(4) is a nonresident in possession of a boating safety certificate, or an equivalency, issued by another state in the nonresident's name;
(5) is exempt pursuant to a regulation promulgated by the department; or
(6) is accompanied by a person at least eighteen years old who:
(a) is in possession of a South Carolina boating safety certificate issued by the department in the person's name; or
(b) meets one of the criteria in items (1) through (5) of this subsection.
(B) A person who is adjudicated to be in violation of this section must be fined not less than fifty dollars and not more than three hundred dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense and must not be included in the records maintained by the department or in the records maintained by SLED."
B. This SECTION takes effect July 1, 2022.
SECTION__. A. Section 50-21-870(A)(1) of the 1976 Code is deleted.
B. This SECTION takes effect July 1, 2022.
SECTION__. A. Section 50-21-870(B)(9) of the 1976 Code is deleted.
B. This SECTION takes effect July 1, 2022. /
Amend the bill further, as and if amended, by striking SECTION 4 in its entirety and inserting:
/SECTION 4. Unless otherwise provided, 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.
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 Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Malloy Martin Massey Matthews Peeler Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
Corbin Loftis
The Bill was read the second time, passed and ordered to a third reading.
The Senate proceeded to a consideration of the Bill.
Senator MALLOY proposed the following amendment (230GM1), which was adopted:
Amend the bill, as and if amended, by striking page 2, lines 16 - 35 and adding the following:
/ (F) In a prosecution of a person who is a victim of trafficking in persons, it is an affirmative defense that he was under duress or coerced into committing the offenses for which he is subject to prosecution, if the offenses were committed as a direct result of, or incidental or related to, trafficking. A victim of trafficking in persons convicted of a violation of this article, or prostitution, or any other non-violent offense may motion the court to vacate the conviction and expunge the record of the conviction for an offense committed as a direct result of, or incidental or related to, trafficking. The court may grant the motion on a finding that the person's participation was a direct result of being a victim. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. /
Amend the bill further, as and if amended, by striking page 2, lines 38 - 41 and adding the following:
/ pursuant to this article, for a prostitution offense, or for any other nonviolent offense if it is determined after investigation that the victim committed the offense as a direct result of, or incidental or related to, trafficking. For purposes of this subsection, nonviolent offense means all offenses not listed in Section 16-1-60. A person under the age of eighteen who is a victim of trafficking in persons in violation of this title shall not be found in violation of or be the subject of a
delinquency petition if it is determined after investigation that the victim's conduct was a direct result of, or incidental or related to, trafficking. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
The amendment was adopted. On motion of Senator HEMBREE, the Bill was carried over.
H. 3575 (Word version) -- Reps. Fry, Collins, Elliott, Kirby, Forrest, W. Newton, McGarry, B. Newton, Hosey, Caskey, Herbkersman, Martin, M.M. Smith, Wheeler, Brittain, Hewitt, Erickson, Bradley, Henderson-Myers, Stavrinakis, Davis and Kimmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-45 SO AS TO ALLOW A QUALIFYING RETAILER TO OFFER CURBSIDE DELIVERY OR PICKUP SERVICE OF BEER OR WINE AND TO PROVIDE LIMITATIONS; AND TO AMEND SECTION 61-2-170, RELATING TO DRIVE-THROUGH OR CURB SERVICE OF ALCOHOLIC BEVERAGES, SO AS TO MAKE CONFORMING CHANGES.
Senators RANKIN and SCOTT objected to consideration of the Bill.
H. 3696 (Word version) -- Reps. Lucas, G.M. Smith, Murphy, Simrill, Rutherford, Bannister, Bradley, Erickson, Gatch, Herbkersman, Kimmons, W. Newton, Rivers, Stavrinakis, Weeks, S. Williams, McGarry, Carter, Hart, Jefferson, R. Williams, Govan and Thigpen: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, SO AS TO INCREASE THE NUMBER OF CIRCUIT COURT JUDGES BY ONE IN THE NINTH, FOURTEENTH, AND FIFTEENTH CIRCUITS; AND TO AMEND SECTION 63-3-40, RELATING TO FAMILY COURT JUDGES ELECTED FROM EACH JUDICIAL CIRCUIT, SO AS TO INCREASE BY ONE THE NUMBER OF FAMILY COURT JUDGES IN THE FIRST AND SIXTEENTH CIRCUITS.
The Senate proceeded to a consideration of the Bill.
Senator YOUNG explained the Bill.
The question being the second reading of the Bill.
The Bill was read the second time, passed and ordered to a third reading.
There was no objection.
H. 4017 (Word version) -- Reps. Simrill, Pope, Weeks, W. Cox and Hill: 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 2020, 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, AND TO PROVIDE FOR THE TAX TREATMENT OF THE PAYCHECK PROTECTION PROGRAM AND CERTAIN EXPENSES AS PROVIDED FOR IN THE FEDERAL CONSOLIDATED APPROPRIATIONS ACT OF 2021.
The Senate proceeded to a consideration of the Bill.
Senator CROMER 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 Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod 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. 3243 (Word version) -- Reps. Collins, Bernstein, Kimmons, Forrest, Herbkersman, Erickson, W. Cox, Elliott, Carter, Cobb-Hunter, Rutherford, King, Henegan, Wheeler, Thigpen, Pendarvis, Rose, Bamberg, Dillard, McKnight, Garvin, Stavrinakis, Ott, Weeks, Atkinson, R. Williams, Jefferson, Kirby, J.L. Johnson, Cogswell, Caskey, Matthews, S. Williams and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-35 SO AS TO PROVIDE PEOPLE WHO ARE LAWFULLY PRESENT IN THIS STATE AND ARE NOT PRECLUDED FROM ESTABLISHING RESIDENCY UNDER FEDERAL IMMIGRATION LAW MAY ESTABLISH RESIDENCY AND BE ELIGIBLE FOR OCCUPATIONAL OR PROFESSIONAL LICENSURE UNDER THE PROVISIONS OF THIS CHAPTER, PROVIDED OTHER LICENSURE REQUIREMENTS ARE MET.
On motion of Senator CORBIN, the Bill was carried over.
H. 4320 (Word version) -- Reps. G.R. Smith, Trantham and Willis: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO UPDATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
The Senate proceeded to a consideration of the Bill.
The question being the second reading of the Bill. The Bill was read the second time, passed and ordered to a third reading.
S. 790 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING FOR ITS YOUTH IN GOVERNMENT PROGRAM ON MONDAY, NOVEMBER 8 AND TUESDAY, NOVEMBER 9 AND MONDAY, NOVEMBER 15 AND TUESDAY, NOVEMBER 16, 2021; HOWEVER, THE CHAMBER MAY NOT BE USED IF THE SENATE IS IN SESSION OR THE CHAMBER IS OTHERWISE UNAVAILABLE.
On motion of Senator ALLEN, the Resolution was carried over.
S. 803 (Word version) -- Senators Massey, Harpootlian, Martin, Loftis, Cash, Turner, Rice, Climer, Stephens, Corbin, Verdin, Kimbrell, Matthews and McLeod: A SENATE RESOLUTION TO DECLARE THAT THE SENATE DECLINES TO CONSENT TO AN EXTENSION OR RENEWAL OF THE CURRENT STATE OF EMERGENCY OR THE ISSUANCE OF ANY NEW COVID-19-RELATED STATE OF EMERGENCY WITHOUT THE EXPRESS CONSENT OF THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Resolution.
Senator MASSEY explained the Resolution.
Senator HUTTO spoke on the Resolution.
H. 3873 (Word version) -- Reps. R. Williams, Henegan, Anderson, Jefferson, Kirby, Alexander, S. Williams, Rivers, Lowe and Lucas: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOCIETY HILL ROAD IN DARLINGTON COUNTY FROM ITS INTERSECTION WITH GREENFIELD ROAD TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 "COLONEL CHRISTOPHER N. WILLIAMSON ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Resolution was adopted, ordered returned to the House.
H. 4132 (Word version) -- Rep. G.R. Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND SENATE FOR ITS STUDENT GOVERNMENT FALL CONFERENCE AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE, AND THE RESPECTIVE CHAMBERS MAY NOT BE USED IF THE GENERAL ASSEMBLY IS IN SESSION OR THE CHAMBERS ARE OTHERWISE UNAVAILABLE.
The Resolution was adopted, ordered returned to the House.
H. 4218 (Word version) -- Reps. McDaniel and Ligon: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN THE CITY OF CHESTER IN CHESTER COUNTY FROM ITS INTERSECTION WITH HUDSON STREET TO ITS INTERSECTION WITH CEMETERY STREET "CHRISTOPHER KING, SR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Resolution was adopted, ordered returned to the House.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On behalf of the Rules Committee, Senator MASSEY, as Chairman of the Committee on Rules, polled H. 3444 from the Contested Calendar in accordance with the provisions of Rule 32B.
H. 3444 (Word version) -- Reps. Lucas, McGarry, Burns, Haddon, Pope, McCravy, Forrest, Hosey, Caskey, McGinnis, Hixon, Hewitt, Bailey, W. Newton, Herbkersman, J.E. Johnson, Brittain, Erickson, Bradley, B. Newton, Fry, Crawford, S. Williams, Taylor, Huggins, Bryant, Blackwell and M.M. Smith: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO RECONSTITUTE THE STATE ELECTION COMMISSION AND REVISE THE COMMISSION'S COMPOSITION, POWERS, AND DUTIES; AND TO AMEND SECTIONS 7-17-70 AND 7-17-220, BOTH RELATING TO MEETINGS OF THE STATE BOARD, SO AS TO MAKE CONFORMING CHANGES.
Massey Cromer Malloy Martin Campsen Allen Corbin Young Sabb Grooms Hembree Shealy Goldfinch Harpootlian
McLeod
Leatherman Kimpson
At 2:42 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
S. 304 (Word version) -- Senators Climer and Fanning: A BILL TO AMEND THE 1976 SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 58-27-1060, SO AS TO PROVIDE WHEN A PERSON OR CORPORATION USING AN ELECTRIC VEHICLE CHARGING STATION IS NOT AN ELECTRIC UTILITY, AND TO FURTHER PROVIDE THAT ANY INCREASE IN CUSTOMER DEMAND OR ENERGY CONSUMPTION ASSOCIATED WITH TRANSPORTATION ELECTRIFICATION SHALL NOT CONSTITUTE REVENUES FOR AN ELECTRICAL UTILITY.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator CLIMER explained the House amendments.
Senator CLIMER proposed the following amendment (JUD0304.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 7, Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-1060. (A) A person or corporation who uses an electric vehicle charging station to resell electricity to the public for compensation is not an electric utility if:
(1) the person or corporation has procured the electricity from an electrical utility, municipality, consolidated political subdivision, the Public Service Authority, or an electric cooperative that is authorized to engage in the retail sale of electricity within the territory in which the electric vehicle charging service is provided; (2) the person or corporation furnishes electricity exclusively for the charging of plug-in electric vehicles; and
(3) the charging station is immobile.
(B) Nothing in this section shall be construed to limit the ability of an electrical utility, municipality, consolidated political subdivision, the Public Service Authority, or an electric cooperative to use electric vehicle charging stations to furnish electricity for charging electric vehicles. Any increases in customer demand or energy consumption associated with transportation electrification shall not constitute found revenues for an electrical utility."
SECTION 2. Article 1, Chapter 27, Title 58 of the 1976 Code is amended by adding:
"Section 58-27-260. (A) There is established the Joint Committee on the Electrification of Transportation. The committee is comprised of four members of the Senate, two of whom are appointed by the Chairman of Senate Finance and two of whom are appointed by the Chairman of Senate Judiciary, and four members of the House of Representatives, two of whom are appointed by the Chairman of the Ways & Means Committee and two of whom are appointed by the Chairman of the Labor, Commerce and Industry Committee. The members of the committee shall elect one co-chairman from the Senate appointees and one co-chairman from the House appointees.
(B)(1) The committee shall study the challenges and opportunities associated with the electrification of the transportation sector and make recommendations to the General Assembly to enable a fair, efficient, and cost-effective transition to electric transportation.
At minimum, the committee shall study the following issues:
(a) environmental, economic, and customer challenges and benefits associated with the advancement of electric vehicles;
(b) the potential value of advancing the development and deployment of electric vehicles and associated infrastructure and address issues that impede development and deployment;
(c) explore and evaluate the impacts of electric vehicles on roads, bridges, and other infrastructure, including the potential loss of revenue due to the current and projected future use of electric vehicles in this State;
(d) explore and evaluate the impacts of electric vehicles on customers, utilities, and the grid; and
(e) any other issues associated with the electrification of the transportation sector.
(2) The Committee shall receive reports from: (a) the Office of Regulatory Staff's stakeholder initiative to advance the electrification of transportation sector;
(b) the South Carolina Public Service Commission pursuant Section 58-27-265; and
(c) by September first of each year, the South Carolina Department of Revenue shall provide an annual report to the committee that details the prior fiscal year's revenue collections, from whatever source derived, designated for the repair, maintenance, or improvements to the South Carolina transportation system.
(C) The committee shall receive clerical and related assistance from the staff of the Senate and the staff of the House of Representatives, as approved and designated by the President of the Senate and the Speaker of the House, respectively.
Section 58-27-265. (A) No earlier than April 1, 2023, the Public Service Commission shall open a docket for the purpose of identifying the regulatory challenges and opportunities associated with the electrification of the transportation sector.
At minimum, the commission shall study the following issues:
(1) grid integration and resource planning to facilitate electrified transportation;
(2) the interaction between transportation electrification and the electric power grid;
(3) regulatory policies to support efficient and cost-effective transition to electric transportation;
(4) the need for data management and coordination among a number of energy system participants;
(5) grid investments that support electric vehicle deployments as a part of planned modernization efforts to enable an efficient and cost-effective transition to electric transportation;
(6) increased electric vehicle adoption and the development of their charging infrastructure and how those advancements align with grid modernization efforts;
(7) whether rate designs and other load management strategies are appropriate to mitigate potential negative grid impacts and maximize potential grid benefits of transportation electrification;
(8) other critical issues related to transportation electrification, such as service reliability, privacy, affordability, and security; and
(9) and any other issues the commission determines relevant. (B) The commission shall issue a report to the Joint Committee on the Electrification of Transportation. Upon submitting the report, the commission shall open a docket at least every three years thereafter to study the regulatory issues related to the electrification of the transportation sector and report back to the Joint Committee on the Electrification of Transportation and the General Assembly.
(C) To the extent necessary to carry out commission responsibilities, the commission is authorized to employ professional expertise as the commission may consider necessary to assist the commission in the proper discharge of the commission's duties and responsibilities as provided by this section. The expenses for the employment of any professional expertise must be paid from the assessments collected pursuant to Section 58-3-100. The chairman, within allowed budgetary limits and as otherwise allowed by law, may authorize and approve travel, subsistence, and related expenses of third-party consultants incurred while traveling on commission business. The commission shall provide an accounting of compensation and expenses incurred for third-party consultants in a report provided annually to the review committee. The commission is exempt from the State Procurement Code in the selection and hiring of professional experts.
Section 58-27-270. (A) The South Carolina Office of Regulatory Staff through any existing electric vehicle stakeholder initiatives launched by the regulatory staff, shall complete a stakeholder process to facilitate a broad, collaborative statewide discussion among stakeholders to explore the opportunities to advance electrification of the transportation sector along with identifying challenges associated with the advancement of electrification of the transportation sector.
(B) Components of this initiative shall include, but not limited to:
(1) working with stakeholders in the private and public sector, including the South Carolina Department of Transportation, the South Carolina Department of Commerce, the South Carolina Department of Revenue, and other relevant stakeholders;
(2) examining the legislative and regulatory environmental, economic, and customer challenges and opportunities;
(3) identifying challenges and opportunities in electrified vehicle technologies, such as power conversion and energy storage, the grid integration of electrified transportation and transportation policies, that pave the way for electrified transportation; and
(4) identifying efforts to enable a more efficient and cost-effective transition to electric transportation. (C) The Office of Regulatory Staff shall make initial recommendations to the Joint Committee on the Electrification of Transportation no earlier than July 1, 2022. Upon submitting the report, the Office of Regulatory staff shall convene additional stakeholder initiatives and report recommendations to the Joint Committee at least every two years thereafter."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator CLIMER explained the amendment.
The question then was the adoption of the amendment.
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 Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The amendment was adopted.
The Bill was ordered returned to the House of Representatives with amendments.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator MALLOY explained the House amendments.
Senator MALLOY proposed the following amendment (200R004.SP.GM), which was tabled:
Amend the bill, as and if amended, on page 2, at line 35, by inserting an appropriately lettered new subsection to read:
/ (_) The following execution methods are expressly prohibited:
(1) breaking wheel;
(2) hanging, drawing, and quartering;
(3) mazzatello;
(4) boiling to death;
(5) death by burning;
(6) execution by drowning; (7) death by starvation;
(8) immurement;
(9) flaying;
(10) disembowelment;
(11) crucifixion;
(12) impalement;
(13) crushing;
(14) execution by elephant;
(15) keelhauling;
(16) stoning;
(17) dismemberment;
(18) sawing;
(19) slow slicing;
(20) blood eagle;
(21) bamboo torture; and
(22) necklacing." /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Senator HEMBREE spoke on the amendment.
The question then was the adoption of the amendment.
Senator HEMBREE moved to lay the amendment on the table.
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 Harpootlian Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Rice Senn Setzler Shealy Talley Turner Verdin Williams Young
Allen Fanning Hutto Jackson Johnson, Kevin Malloy Matthews McElveen McLeod Sabb Scott Stephens
The amendment was laid on the table.
Senator MALLOY proposed the following amendment (200R006.KMM.WRT), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 24-3-530 of the 1976 Code is amended to read:
"Section 24-3-530. (A) A person convicted of a capital crime and having imposed upon him the sentence of death shall suffer the penalty by electrocution or, at the election of the convicted person, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Director of the Department of Corrections. The election for death by electrocution, firing squad, or lethal injection must be made in writing fourteen days before the each execution date or it is waived. If the convicted person receives a stay of execution or the execution date has passed for any reason, then the election expires and must be renewed in writing fourteen days before a new execution date. If the convicted person waives the right of election, then the penalty must be administered by lethal injection electrocution.
(B) The Director of the Department of Corrections shall determine and certify by affidavit under penalty of perjury to the Supreme Court whether the method selected pursuant to subsection (A) is available. (C) A person convicted of a capital crime and sentenced to death by electrocution prior to the effective date of this section must be administered death by electrocution unless the person elects death by firing squad or lethal injection, if it is available, in writing fourteen days before the execution date. The convicted person must sign and date the form. The convicted person's signature must be witnessed by two persons who are not inmates of the Department of Corrections and not under the supervision of the Director of the Department of Corrections. The witnesses' signatures must be duly notarized. The form must contain a certification signed by the witnesses that the convicted person's signature is free from coercion and voluntarily given.
(C)(D) If execution by lethal injection under this section is determined and certified pursuant to subsection (B) to be unavailable by the Director of the Department of Corrections or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, regardless of the method elected by the convicted person.
(E) The Department of Corrections must provide written notice to a convicted person of his right to election under this section.
(F) The Department of Corrections shall promulgate regulations that establish protocols and procedures for carrying out executions pursuant to this section."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Senator GOLDFINCH spoke on the Bill.
Senator MALLOY spoke on the Bill.
On motion of Senator SABB, with unanimous consent, the remarks of Senator MALLOY, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator HUTTO spoke on the Bill.
Senator SETZLER spoke on the Bill.
Senator HEMBREE spoke on the Bill.
The question then was the adoption of the amendment.
Senator HEMBREE moved to lay the amendment on the table.
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 Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Rice Shealy Talley Turner Verdin Young
Allen Fanning Harpootlian Hutto Jackson Johnson, Kevin Malloy Matthews McElveen McLeod Sabb Scott Setzler Stephens Williams
The amendment was laid on the table.
Senator MATTHEWS proposed the following amendment (200MBM2), which was ruled out of order:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/ SECTION . Section 24-3-580 of the 1976 Code is amended to read:
"Section 24-3-580. (A)(1) As used in this section, the term 'execution team' shall be construed broadly to include any person or entity that participates in the planning or administration of the execution of a death sentence, including any person or entity that prescribes, compounds, tests, uses, manufactures, imports, transports, distributes, supplies, prepares, or administers the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence. (2) 'Identifying information' shall be construed broadly to include any record or information that reveals a name, date of birth, social security number, personal identifying information, personal or business contact information, or professional qualifications. The term 'identifying information' also includes any residential or business address; any residential, personal, or business telephone number; any residential, personal, or business facsimile number; any residential, personal, or business email address; and any residential, personal, or business social media account or username.
(B) Notwithstanding any other provision of law, any identifying information of a member of an execution team shall be confidential and, without exception, shall not be subject to discovery, subpoena, or any other means of legal compulsion or process for disclosure to any person or entity in any administrative, civil, or criminal proceeding in the courts, administrative agencies, boards, commissions, legislative bodies, or quasi-legislative bodies of this State or in any other similar body that exercises any part of the sovereignty of the State. This identifying information shall be classified as a state secret.
(C) A person may shall not knowingly disclose the identity identifying information of a current or former member of an execution team or disclose a record or any identifying information that would identify a person as being a current or former member of an execution team. However, this information may be disclosed only upon a court order under seal for the proper adjudication of pending litigation. Any person or entity whose identity is disclosed in violation of this section shall have a civil cause of action against the person who is in violation of this section and may recover actual damages and, upon a showing of a wilful violation of this section, punitive damages.
(D) Any purchase or acquisition of drugs, medical supplies, and medical equipment necessary to execute a death sentence shall be exempt from the entirety of the South Carolina Procurement Code and all of its attendant regulations.
(E) The out-of-state acquisition of any drug intended for use by the department in the administration of the death penalty shall be exempt from all licensing processes and requirements administered by the Department of Health and Environmental Control or by any other department or agency of the State of South Carolina. Furthermore, the out-of-state acquisition of any drug intended for use by the department in the administration of the death penalty shall be exempt from all regulations promulgated by the Board of Pharmacy.
(F) Any pharmacy or pharmacist, whether located within or without the State, that is involved in the supplying, manufacturing, or compounding of any drug intended for use by the department in the administration of the death penalty shall be exempt from all licensing processes and requirements of the Department of Labor, Licensing and Regulation. (G) Notwithstanding any other provision of law, including the South Carolina Freedom of Information Act, Section 30-4-10 et seq., no department or agency of this State, no political subdivision, and no other government or quasi-government entity shall disclose the identifying information of any member of an execution team or any details regarding the procurement and administrative processes referenced in subsections (D) through (F).
(H) This section shall be broadly construed by the courts of this State so as to give effect to the General Assembly's intent to ensure the absolute confidentiality of the identifying information of any person or entity directly or indirectly involved in the planning or execution of a death sentence within this State." /
Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MASSEY raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator MATTHEWS spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator MATTHEWS proposed the following amendment (200MBM3), which was ruled out of order:
Amend the bill, as and if amended, by inserting an appropriately numbered SECTION to read:
/ SECTION . Section 24-3-580 of the 1976 Code is amended to read:
"Section 24-3-580. (A)(1) As used in this section, the term 'execution team' shall be construed broadly to include any person or entity that participates in the planning or administration of the execution of a death sentence, including any person or entity that prescribes, compounds, tests, uses, manufactures, imports, transports, distributes, supplies, prepares, or administers the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence. (2) 'Identifying information' shall be construed broadly to include any record or information that reveals a name, date of birth, social security number, personal identifying information, personal or business contact information, or professional qualifications. The term 'identifying information' also includes any residential or business address; any residential, personal, or business telephone number; any residential, personal, or business facsimile number; any residential, personal, or business email address; and any residential, personal, or business social media account or username.
(B) Notwithstanding any other provision of law, any identifying information of a member of an execution team shall be confidential and, without exception, shall not be subject to discovery, subpoena, or any other means of legal compulsion or process for disclosure to any person or entity in any administrative, civil, or criminal proceeding in the courts, administrative agencies, boards, commissions, legislative bodies, or quasi-legislative bodies of this State or in any other similar body that exercises any part of the sovereignty of the State. This identifying information shall be classified as a state secret.
(C) A person may shall not knowingly disclose the identity identifying information of a current or former member of an execution team or disclose a record or any identifying information that would identify a person as being a current or former member of an execution team. However, this information may be disclosed only upon a court order under seal for the proper adjudication of pending litigation. Any person or entity whose identity is disclosed in violation of this section shall have a civil cause of action against the person who is in violation of this section and may recover actual damages and, upon a showing of a wilful violation of this section, punitive damages.
(D) Any purchase or acquisition of drugs, medical supplies, and medical equipment necessary to execute a death sentence shall be exempt from the entirety of the South Carolina Procurement Code and all of its attendant regulations.
(E) The out-of-state acquisition of any drug intended for use by the department in the administration of the death penalty shall be exempt from all licensing processes and requirements administered by the Department of Health and Environmental Control or by any other department or agency of the State of South Carolina. Furthermore, the out-of-state acquisition of any drug intended for use by the department in the administration of the death penalty shall be exempt from all regulations promulgated by the Board of Pharmacy. (F) Any pharmacy or pharmacist, whether located within or without the State, that is involved in the supplying, manufacturing, or compounding of any drug intended for use by the department in the administration of the death penalty shall be exempt from all licensing processes and requirements of the Department of Labor, Licensing and Regulation.
(G) Notwithstanding any other provision of law, including the South Carolina Freedom of Information Act, Section 30-4-10 et seq., no department or agency of this State, no political subdivision, and no other government or quasi-government entity shall disclose the identifying information of any member of an execution team or any details regarding the procurement and administrative processes referenced in subsections (D) through (F).
(H) This section shall be broadly construed by the courts of this State so as to give effect to the General Assembly's intent to ensure the absolute confidentiality of the identifying information of any person or entity directly or indirectly involved in the planning or execution of a death sentence within this State.
(I) However, nothing in this section shall be construed to diminish, alter or undermine the election process as defined in Section 24-3-530."/ Renumber sections to conform.
Amend title to conform.
Senator MATTHEWS explained the amendment.
Senator MASSEY raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
The question then being concurrence in the House amendments.
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 Harpootlian Hembree Johnson, Michael Kimbrell Loftis Martin Massey McElveen Peeler Rankin Rice Setzler Shealy Talley Turner Verdin Williams Young
Allen Fanning Hutto Jackson Johnson, Kevin Malloy Matthews McLeod Sabb Scott Stephens
The Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
Nothing in this vote should be construed as my position on the death penalty. Today we spent a considerable amount of time in debate on the method of putting a person to death. I believe that neither electrocution nor firing squad are the proper direction for our State to take on this matter and represent regression, not progress. Death penalty sentences must be carried out in a legally sound, proper, and humane manner, and must 'draw [its] meaning from the evolving standards of decency that mark the progress of a maturing society.' (See Trop v. Dulles, plurality decision) Bucklew v. Precythe, Glossip v. Gross, and the other recent decisions on the death penalty broadly reiterate the parameters installed by analysis of the Eighth Amendment including freedom from terror, pain, or disgrace during the imposition of capital punishment. We have yet to rectify the ability of the state to carry out executions in a constitutionally sound and humane manner.
THE SENATE PROCEEDED TO THE CALL OF THE CONTESTED STATEWIDE CALENDAR
The Senate proceeded to a consideration of the Bill.
Senators MASSEY and CAMPSEN proposed the following amendment (3444R003.KMM.ASM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-3-25 of the 1976 Code is amended to read:
"Section 7-3-25. (A) In the event that the State Election Commission, acting through its executive director, determines that a county board of elections and voter registration has failed to comply with applicable state or federal law or State Election Commission policies, and procedures, or standardized processes with regard to the conduct of the election or voter registration process, the State Election Commission, acting through its executive director or other designee, must supervise, pursuant to Section 7-3-20(C)(1) and (2), the county board to the extent necessary to:
(1) identify the failure to comply with state or federal law or State Election Commission policies, and procedures, or standardized processes;
(2) establish a plan to correct the failure; and
(3) implement the plan to correct the failure. The officials and employees of the State Election Commission and the county board must work together, in good faith, to remedy the failure of the county board to adhere to state or federal law or State Election Commission policies, procedures, or standardized processes. In the event of a difference of policy or opinion between a county election official or employee and the State Election Commission or its designee, pertaining to the manner in which particular functions must be performed, the policy or opinion of the State Election Commission shall control. (B) If a county board of voter registration and elections does not or cannot determine and certify the results of an election or referendum for which it is responsible by the time set for certification by applicable law, the responsibility to determine and certify the results is devolved upon the State Election Commission.
(C) If the State Election Commission determines that an official or an employee of a county board of voter registration and elections has negligently failed to comply with applicable state or federal law or State Election Commission policies, and procedures, or standardized processes with regard to the election or voter registration process or fails to comply with or cooperate with the corrective plan established by the State Election Commission or its designee under the provisions of subsection (A) the commission may order the decertification of that official or employee and if decertified the commission shall require that official to participate in a retraining program approved by the commission prior to recertification. If the commission finds that the failure to comply with state or federal law or State Election Commission policies, and procedures, or standardized processes by an official is wilful, it shall recommend the termination of that official to the Governor or it shall recommend termination of a staff member to the director of the appropriate county board of voter registration and elections."
SECTION 2. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-110. (A) The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have an unconditional right to intervene on behalf of their respective bodies in a state court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.
(B) In a federal court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted, the President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have standing to intervene as a party on behalf of their respective bodies, to file an amicus brief, or to provide evidence or argument, written or oral, in accordance with the federal rules of procedure, irrespective of whether any other officer of the State has appeared in the action.
(C) A federal court presiding over an action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted is requested to allow the President, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, to intervene in any such action as a party. (D) The State Election Commission and the Attorney General must notify the President of the Senate and the Speaker of the House of Representatives within twenty-four hours of the receipt of service of a complaint that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.
(E) In any action in which the Senate or the House of Representatives intervenes or participates pursuant to this section, the Senate and the House of Representatives must function independently from each other in the representation of their respective bodies, unless otherwise agreed to by the President of the Senate and the Speaker of the House of Representatives."
SECTION 3. A. Section 7-3-10 of the 1976 Code is amended to read:
"Section 7-3-10. (a)(A) There is hereby created the State Election Commission composed of five members, to be appointed by the Governor upon the advice and consent of the Senate, at least one of whom shall be a member of the majority political party represented in the General Assembly, and at least one of whom shall be a member of the largest minority political party represented in the General Assembly, to be appointed by the Governor to serve terms of four years and until their successors have been elected and qualify, except of those first appointed three shall serve for terms of two years. In considering appointments to the commission, race, gender, and other geographic and demographic factors must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The terms of the members of the State Election Commission shall be for four years and until their successors are appointed and qualify, provided, however, that a member may not serve in holdover status for more than one year. If a member who has been reappointed and who is serving in holdover status is not confirmed by the Senate on or before the sine die adjournment of the General Assembly following the expiration of the member's term, then the member's seat is vacated, and he is ineligible to serve on the State Election Commission as a recess or interim appointee. If a person appointed to serve as a commissioner is rejected by a vote of the Senate, then, if the appointment was an initial appointment, the person cannot take office and is ineligible to serve as an interim appointee to the State Election Commission and, if the appointment was a reappointment, the person may serve the remainder of his term in office, if any, his seat is vacated upon the expiration of his term, and the person is ineligible to serve as a recess or interim appointee to the State Election Commission. Any vacancy on the Commission commission shall be filled for the unexpired portion of the term in the same manner as the original appointment.
(b)(B) The Governor shall appoint one of the members to serve as chairman for a term of two years and until his successor has been appointed and qualifies. The Commission shall select such other officers from among its members as it may deem necessary.
(c)(C) The commission shall meet at its offices in Columbia at least once each month or at such times as considered necessary by the commission. However, the commission may change the location of the meeting if the change is more convenient for the commission or any parties scheduled to appear before the commission.
(d)(D) The Commission shall have the powers and duties as enumerated in this title.
(e)(E) No member of the commission may participate in political management or in a political campaign during the member's term of office. No member of the commission may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate. Violation of this subsection subjects the commissioner to removal by the Governor.
(F) The commission shall promulgate regulations to establish standardized processes for the administration of elections and voter registration, which must be followed by county boards of voter registration and elections, as established pursuant to Article 1, Chapter 5, Title 7. The standards established by the commission must comply with federal and state statutory, regulatory, and constitutional standards. The commission is prohibited from promulgating emergency regulations pursuant to Section 1-23-130. The standardized processes promulgated pursuant to this subsection must take into account unique circumstances around the State, including, but not limited to, population and geographic disparities among the various counties.
(G) The commission shall provide for the supervision of the conduct of county boards of voter registration and elections, as established pursuant to Article 1, Chapter 5, Title 7, which administer elections and voter registration in the State. The commission is ultimately responsible for ensuring those boards' compliance with the requirements of applicable state or federal law and State Election Commission policies, procedures, and standardized processes with regard to the conduct of elections or the voter registration process by all persons involved in the elections process." B. On the effective date of this act, the terms of the members of the State Election Commission are expired, and a new State Election Commission must be established pursuant to Section 7-3-10(a), as amended by this act. In order to stagger the terms of the members of the State Election Commission, the initial terms are as follows, regardless of when a member is appointed and qualifies:
(1) the initial appointment of one member of the majority political party represented in the General Assembly and the initial appointment of one member of the largest minority political party represented in the General Assembly are for terms expiring on July 1, 2023; and
(2) the initial appointments of three members are for terms expiring on July 1, 2025.
C. A member whose term expires on the effective date of this act may continue to serve in the seat in holdover status until a successor is appointed and qualifies, provided that if no successor has received the advice and consent of the Senate by May 13, 2021, or by the deadline for the confirmation of appointments in a sine die resolution that is passed in 2021, whichever is later, then the member's seat is vacated on the later of the two dates and is ineligible to serve as an interim appointment to the State Election Commission. If a member who is serving in holdover status is rejected by a vote of the Senate, then the member's seat is vacated on the date the member is rejected by a vote of the Senate and the member is ineligible to serve as an interim appointment to the State Election Commission.
SECTION 4. A. Section 7-3-20 of the 1976 Code is amended to read:
"Section 7-3-20. (A) The State Election Commission shall elect appoint an executive director, upon the advice and consent of the Senate, who shall be directly responsible to the commission and who shall serve at the pleasure of the commission. The executive director shall be the chief administrative officer for the State Election Commission. In the event of a vacancy in the position of executive director, an interim director must be appointed by the State Election Commission, and an appointment for a permanent executive director must submitted to the Senate as soon as practicable. If a person is appointed by the State Election Commission to be executive director and is not confirmed by the Senate by the date for the sine die adjournment of the General Assembly following the appointment, then the person must not serve as an interim or permanent executive director.
(B) The executive director shall receive such compensation and employ such staff, subject to the approval of the State Election Commission, as may be provided by law.
(C) The executive director shall:
(1) direct and supervise the implementation of the standardized processes established by the commission pursuant to Section 7-3-10(F);
(2) supervise the conduct of county board of elections and voter registration, as established pursuant to Article 1, Chapter 5, which administer elections and voter registration in the State and ensure those boards' compliance with the requirements with applicable state or federal law or State Election Commission policies and procedures with regard to the conduct of elections or the voter registration process by all persons involved in the elections process;
(2)(3) conduct reviews, audits, or other postelection analysis of county board of elections and voter registration, as established pursuant to Article 1, Chapter 5, to ensure those boards' compliance with the requirements with applicable state or federal law or State Election Commission policies and procedures with regard to the conduct of elections or the voter registration process by all persons involved in the elections process;
(3)(4) maintain a complete master file of all qualified electors by county and by precincts;
(4)(5) delete the name of any elector:
(a) who is deceased;
(b) who is no longer qualified to vote in the precinct where currently registered;
(c) who has been convicted of a disqualifying crime;
(d) who is otherwise no longer qualified to vote as may be provided by law; or
(e) who requests in writing that his name be removed;
(5)(6) enter names on the master file as they are reported by the county boards of voter registration and elections;
(6)(7) furnish each county board of voter registration and elections with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(7)(8) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(8)(9) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(9)(10) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(10)(11) obtain information from any other source which may assist him in carrying out the purposes of this section;
(11)(12) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(12)(13) furnish at reasonable price any precinct lists to a qualified elector requesting them;
(13)(14) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993;
(14)(15) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the U.S.C., Title 42, Section 1973ff, et seq.; and
(15)(16) establish and maintain a statewide voter registration database that shall be administered by the commission and made continuously available to each county board of voter registration and elections and to other agencies as authorized by law.
(D) The State Election Commission shall publish on the commission's website each change to voting procedures enacted by state or local governments. State and local governments shall file notice of all changes in voting procedures, including, but not limited to, changes to precincts with the State Election Commission within five days after adoption of the change or thirty-five days prior to the implementation, whichever is earlier. All voting procedure changes must remain on the commission's website at least through the date of the next general election. However, if changes are made within three months prior to the next general election, then the changes shall remain on the commission's website through the date of the following general election."
B. The provisions of this SECTION apply to all vacancies that occur in the position of executive director on or after the effective date of this act. C. The commission appointed and confirmed under the provisions of SECTION 3 must submit an appointment for executive director to the Senate for advice and consent no later than sixty days after three members of the commission have been appointed, qualified, and confirmed as provided in SECTION 3. An executive director serving on the effective date of this act may continue to serve as executive director until a successor is appointed and qualifies, provided that if no successor has received the advice and consent of the Senate by May 13, 2021, or by the deadline for the confirmation of appointments in a sine die resolution that is passed in 2021, whichever is later, then the executive director position is vacated on the later of the two dates and is ineligible to serve as an interim or permanent executive director. If an executive director who is serving in holdover status is rejected by a vote of the Senate, then the executive director position is vacated on the date the executive director is rejected by a vote of the Senate and the executive director is ineligible to serve as an interim or permanent executive director of the State Election Commission.
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. This act shall take effect upon approval of the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY 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 Loftis Malloy Martin Massey McElveen McLeod Peeler Rankin Rice Sabb Scott Setzler Shealy Stephens Talley Turner Verdin Young
There being no further amendments, the Bill as amended, was read the second time, passed and ordered to a third reading.
At 5:45 P.M., Senator ALEXANDER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at a mutually convenient time.
There was no objection and a message was sent to the House accordingly.
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Charles R. Keep III, 9 Willow Oak Road W., Hilton Head, SC 29928-4408 VICE Hon. Ralph Edwin Tupper - retired
Initial Appointment, Lee County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Windi King, 414 Marsh Street, Bishopville, SC 29010-1924 VICE Hon. Palmella Sara Andrews-Brown
Reappointment, Calhoun County Master-in-Equity, with the term to commence August 14, 2021, and to expire August 14, 2027
Martin R. Banks, 716 F. R. Huff Dr., St. Matthews, SC 29135
Reappointment, Orangeburg County Master-in-Equity, with the term to commence August 15, 2021, and to expire August 15, 2027
James B. Jackson, Jr., 133 Wateree Drive, Santee, SC 29142
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senators KIMBRELL, MARTIN, CORBIN, PEELER and TALLEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Rosemary H. Byerly of Inman, S.C. Rosemary was a member of New Beginnings United Methodist Church where she taught Sunday School for 40 years and held several leadership roles. She was President of the Spartanburg County Dental Auxiliary, member of the Spartanburg Technical College Commission of Higher Education, a board member of the Upstate Family Resource Center, chairman of the Spartanburg County Republican Party and chairman of the Spartanburg County Commission of Voter Registration and Elections. Rosemary had a passion for teaching and taught many years at several Spartanburg District 2 schools. She received the Order of the Palmetto in 2006. Rosemary was a loving mother and valued community leader who will be dearly missed.
At 6:17 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Thursday, May 13, 2021 at 11:47 A.M.