NO. 9
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Proverbs 14:32
In Proverbs we read that: "The wicked are overthrown by their evildoing, but the righteous find refuge in their integrity."
Good friends, let us pray: Gracious Lord, as we bow before You today, here in this sometimes unsetting world we live in, all the more do we find ourselves celebrating every example of integrity that we observe now and then. What a precious and worthy trait integrity always turns out to be. So, dear God, I wish to honor each Senator and every staff member who also values "integrity" in his or her life and work. Indeed, may integrity always be one of the key hallmarks of everyone who labors in this Body, as it was in the life of the late Dr. Martin Luther King, Jr., whom we honored last week. Clearly, may integrity be a major part of our own lives, too. In Your loving name we pray, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 12:04 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Allen Campsen Cash Climer Corbin Davis Fanning Garrett Goldfinch Grooms Harpootlian Hembree Johnson, Kevin Johnson, Michael Kimbrell Malloy Martin Massey McElveen Peeler Rice Scott Senn Setzler Shealy Stephens Talley Turner Williams Young
A quorum being present, the Senate resumed.
On motion of Senator TURNER, at 12:08 P.M., Senators CROMER and BENNETT were granted a leave of absence for the week.
On motion of Senator MATTHEWS, at 2:14 P.M., Senator HUTTO was granted a leave of absence for today.
Senator CASH rose for an Expression of Personal Interest.
On motion of Senator RICE, with unanimous consent, the remarks of Senator CASH, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator SENN rose for an Expression of Personal Interest.
The following co-sponsors were added to the respective Bills:
S. 219 (Word version) Sen. Young
S. 290 (Word version) Sen. Fanning
S. 583 (Word version) Sen. Campsen
S. 612 (Word version) Sen. Kimbrell
S. 903 (Word version) Sen. Gustafson
S. 986 (Word version) Sen. Grooms
The following co-sponsor was removed from the respective Bills:
S. 811 (Word version) Sen. Gustafson
S. 935 (Word version) Sen. Gustafson
S. 917 (Word version) -- Senator Goldfinch: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE US 701 BRIDGE OVER THE GREAT PEE DEE RIVER THE "CHARLES A. HINSON MEMORIAL BRIDGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THE DESIGNATION.
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 and ordered placed on the Calendar for consideration tomorrow.
S. 999 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO DESIGNATE THE WEEK OF JANUARY 23 THROUGH JANUARY 29, 2022, AS "NATIONAL SCHOOL CHOICE WEEK" IN SOUTH CAROLINA AND TO CONGRATULATE STUDENTS, PARENTS, TEACHERS, AND SCHOOL LEADERS FROM K-12 EDUCATIONAL ENVIRONMENTS OF ALL VARIETIES FOR THEIR PERSISTENCE, ACHIEVEMENTS, DEDICATION, AND CONTRIBUTIONS TO THEIR COMMUNITIES IN SOUTH CAROLINA.
Senator HEMBREE asked unanimous consent to make a motion to recall the Resolution from the Committee on Education.
The Resolution was recalled from the Committee on Education.
Senator HEMBREE 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 HEMBREE, the Resolution was adopted and ordered sent to the House.
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 and ordered placed on the Calendar for consideration tomorrow.
S. 1002 (Word version) -- Senator Stephens: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE ENTIRE LENGTH OF QUAKER ROAD IN DORCHESTER COUNTY "JACK AND EMMA LEE GRUBER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS 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 and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1006 (Word version) -- Senator Rice: A CONCURRENT RESOLUTION TO DEMAND, AMONG OTHER THINGS, THAT CONGRESS FULFILL ITS CONSTITUTIONAL OBLIGATION BY SETTING A DATE IN CALENDAR YEAR 2022 FOR THE NATION'S FIRST ARTICLE V CONVENTION FOR PROPOSING AMENDMENTS TO THE UNITED STATES CONSTITUTION FOR THE PURPOSE OF IMPOSING FISCAL RESTRAINTS UPON THE FEDERAL GOVERNMENT.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.
S. 1007 (Word version) -- Senators Young, Adams, Alexander, Allen, Bennett, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Kimpson, Loftis, Malloy, Martin, Massey, Matthews, McElveen, McLeod, Peeler, Rankin, Rice, Sabb, Scott, Senn, Setzler, Shealy, Stephens, Talley, Turner, Verdin and Williams: A SENATE RESOLUTION TO CONGRATULATE SILVER BLUFF HIGH SCHOOL FOOTBALL COACH DE'ANGELO BRYANT FOR BEING SELECTED AS THE SOUTH CAROLINA AA LOWER STATE COACH OF THE YEAR.
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The Senate Resolution was adopted.
S. 1008 (Word version) -- Senator Gambrell: A SENATE RESOLUTION TO RECOGNIZE AND HONOR GLENN GARY HOLLIDAY FOR TWENTY-SEVEN YEARS OF OUTSTANDING SERVICE TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION AND TO WISH HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.
S. 1009 (Word version) -- Senator Corbin: A BILL TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING ELECTIONS FOR MEMBERS OF THE SCHOOL DISTRICT BOARDS OF TRUSTEES IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT A VACANCY OCCURRING ON THE SPARTANBURG COUNTY SCHOOL DISTRICT 1 BOARD OF TRUSTEES FOR ANY REASON OTHER THAN EXPIRATION OF A TERM MUST BE FILLED BY A SPECIAL ELECTION CONDUCTED BY THE COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS FOR THE UNEXPIRED PORTION OF THE TERM AS PROVIDED IN SECTION 7-13-190.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
S. 1010 (Word version) -- Senator Gambrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-3-60 SO AS TO PROVIDE THAT AN ENTITY THAT HAS CONTRACTED FOR THE RIGHT TO STORE WATER IN A RESERVOIR OWNED BY THE UNITED STATES ARMY CORPS OF ENGINEERS HAS EXCLUSIVE RIGHTS TO ANY RETURN FLOWS GENERATED TO THAT RESERVOIR.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1011 (Word version) -- Senators Senn and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "THE SOUTH CAROLINA PARKINSON'S DISEASE RESEARCH COLLECTION ACT" BY ADDING SECTION 44-7-3240 SO AS TO PROVIDE FOR THE COLLECTION OF DATA ON THE INCIDENCE OF PARKINSON'S DISEASE BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND TO ALLOW FOR DIAGNOSED PATIENTS TO PARTICIPATE VOLUNTARILY IN DATA COLLECTION; TO PROVIDE FOR THE CREATION OF A PARKINSON'S DISEASE ADVISORY BOARD AND TO PROVIDE FOR THE BOARD'S ROLES AND RESPONSIBILITIES; TO DEFINE TERMS; TO ESTABLISH REQUIREMENTS PERTAINING TO CONFIDENTIALITY AND DISSEMINATION OF COLLECTED INFORMATION AND RECORD KEEPING; TO REQUIRE REPORTING OF DATA BY HEALTH CARE FACILITIES AND PROVIDERS; TO ALLOW THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO ENTER INTO AGREEMENTS TO FURTHER THE PROGRAM; AND FOR OTHER PURPOSES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1012 (Word version) -- Senator Stephens: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 78 IN ORANGEBURG COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 21 IN THE TOWN OF BRANCHVILLE TO THE ORANGEBURG/DORCHESTER COUNTY LINE "BETTY HENDERSON HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.
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The Concurrent Resolution was introduced and referred to the Committee on Transportation. H. 3055 (Word version) -- Reps. Hixon, Forrest, W. Newton and Ligon: A BILL TO AMEND SECTION 48-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO UPDATE THE NAMES OF THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 48-4-30, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REMOVE THE AT-LARGE BOARD MEMBER FROM THE BOARD; TO AMEND SECTION 48-4-70, RELATING TO THE GENERAL DUTIES OF THE BOARD, SO AS TO REMOVE THE BOND REQUIREMENT; TO AMEND SECTION 50-1-220, RELATING TO THE APPLICATION OF THE PROVISIONS OF SECTIONS 50-1-180 TO 50-1-230 TO CERTAIN LANDS, SO AS TO REMOVE A REFERENCE TO A REPEALED STATUTE; TO AMEND SECTION 50-3-90, RELATING TO GAME AND FISH CULTURE OPERATIONS AND INVESTIGATIONS, SO AS TO REMOVE CERTAIN REQUIREMENTS BEFORE AN INVESTIGATION MAY BE CONDUCTED; TO AMEND SECTION 50-3-110, RELATING TO THE SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO UPDATE THE AGENCY NAME AND DELETE A REFERENCE TO A DISCONTINUED PRACTICE; TO AMEND SECTION 50-3-130, RELATING TO UNIFORMS AND EMBLEMS OF ENFORCEMENT OFFICERS, SO AS TO GRANT AUTHORITY TO THE DEPARTMENT OF NATURAL RESOURCES TO PRESCRIBE THE OFFICIAL UNIFORM; TO AMEND SECTION 50-3-315, RELATING TO DEPUTY ENFORCEMENT OFFICERS, SO AS TO DELETE AN EXPIRED DIRECTIVE TO ESTABLISH A TRAINING PROGRAM; TO AMEND SECTION 50-3-320, RELATING TO THE TRANSMITTAL AND DELIVERY OF COMMISSIONS OF ENFORCEMENT OFFICERS, SO AS TO PROVIDE THE DEPARTMENT IS RESPONSIBLE TO MAINTAIN THE COMMISSIONS OF ENFORCEMENT OFFICERS AND TO DELETE A BOND REQUIREMENT; TO AMEND SECTION 50-3-350, RELATING TO THE OFFICIAL BADGE OF ENFORCEMENT OFFICERS, SO AS TO UPDATE THE AGENCY NAME FOR AN ENFORCEMENT OFFICER'S OFFICIAL BADGE; TO AMEND SECTION 50-3-395, RELATING TO THE AUTHORITY OF ENFORCEMENT OFFICERS TO ISSUE WARNING TICKETS, SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH CERTAIN PROCEDURES WITHOUT PROMULGATING REGULATIONS; TO AMEND SECTION 50-11-980, RELATING TO THE DESIGNATED WILDLIFE SANCTUARY IN CERTAIN AREAS OF CHARLESTON HARBOR, SO AS TO UPDATE THE BOUNDARIES OF THE WILDLIFE SANCTUARY; TO AMEND SECTION 50-15-10, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO PROVISIONS PROTECTING NONGAME AND ENDANGERED WILDLIFE SPECIES, SO AS TO UPDATE THE CITATION OF THE FEDERAL LIST OF ENDANGERED SPECIES; AND TO AMEND SECTION 50-15-30, RELATING TO THE LIST OF ENDANGERED SPECIES, SO AS TO UPDATE THE CITATION TO THE FEDERAL REGULATION AND TO MOVE CERTAIN DUTIES TO THE DEPARTMENT OF NATURAL RESOURCES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4793 (Word version) -- Reps. Pope, King, Ligon and Simrill: A JOINT RESOLUTION TO PROVIDE THAT THE GENERAL ASSEMBLY APPROVES ORDINANCE NUMBER 3421 ADOPTED ON SEPTEMBER 7, 2021, BY THE YORK COUNTY COUNCIL TO EXPAND THE CATAWBA INDIAN RESERVATION, AS REQUESTED BY THE CATAWBA INDIAN NATION.
Read the first time and referred to the Committee on Judiciary.
H. 4815 (Word version) -- Rep. G. M. Smith: A JOINT RESOLUTION TO SUSPEND SECTION 1-11-705(I)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR FISCAL YEAR 2021-2022 RELATING TO A TRANSFER OF FUNDS TO THE SOUTH CAROLINA RETIREE HEALTH INSURANCE TRUST FUND.
Read the first time and referred to the Committee on Finance.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on: S. 248 (Word version) -- Senators Young, Hembree, Turner, McElveen and Bennett: A BILL TO ENACT THE "SOUTH CAROLINA HANDS-FREE ACT"; TO AMEND SECTION 56-5-3890 OF THE 1976 CODE, RELATING TO THE UNLAWFUL USE OF A WIRELESS TELECOMMUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE, TO REVISE THE CIRCUMSTANCES UNDER WHICH IT IS UNLAWFUL TO USE A WIRELESS TELECOMMUNICATIONS DEVICE, TO CREATE THE OFFENSE OF DISTRACTED DRIVING AND PROVIDE PENALTIES, AND TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION 56-1-720 OF THE 1976 CODE, RELATING TO POINTS THAT MAY BE ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE DRIVING VIOLATIONS, TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE OF DISTRACTED DRIVING IS A TWO-POINT VIOLATION; TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOTIFY MOTORISTS OF THE HANDS-FREE REQUIREMENTS AT CERTAIN POINTS ALONG THE STATE'S INTERSTATE HIGHWAYS; AND TO DEFINE NECESSARY TERMS.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 908 (Word version) -- Senators Rankin and Grooms: A BILL TO AMEND SECTION 56-5-4445 OF THE 1976 CODE, RELATING TO THE RESTRICTION OF ELEVATING OR LOWERING A MOTOR VEHICLE, TO PROHIBIT MOTOR VEHICLE MODIFICATIONS THAT RESULT IN THE MOTOR VEHICLE'S FRONT FENDER BEING RAISED FOUR OR MORE INCHES ABOVE THE HEIGHT OF THE REAR FENDER.
Ordered for consideration tomorrow.
Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:
S. 947 (Word version) -- Senators Grooms and Climer: A BILL TO AMEND SECTION 56-23-20 OF THE 1976 CODE, RELATING TO DRIVER TRAINING SCHOOLS, TO PROVIDE THAT ASSOCIATIONS FORMED BY GROUPS OF ELECTRIC COOPERATIVES PURSUANT TO SECTION 33-49-160 ARE PERMITTED TO PROVIDE DRIVER EDUCATION TRAINING.
Ordered for consideration tomorrow.
Senator SHEALY from the Committee on Family and Veterans' Services polled out H. 3211 favorable:
H. 3211 (Word version) -- Reps. Bernstein, Collins and Kimmons: A BILL TO AMEND SECTION 63-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO REAUTHORIZE THE COMMITTEE THROUGH DECEMBER 31, 2030.
Shealy Young K. Johnson McElveen Climer Fanning McLeod Talley Gambrell Cash Harpootlian Adams Gustafson M. Johnson Kimbrell Stephens
Ordered for consideration tomorrow.
Columbia, S.C., January 25, 2022
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of 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:
S. 525 (Word version) -- Senators Gambrell, Verdin, Massey, Loftis, Garrett and Gustafson: A BILL A BILL TO AMEND SECTIONS 44-96-40 AND 44-96-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMS DEFINED IN THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE NECESSARY TERMS PERTAINING TO ADVANCED RECYCLING AND ADVANCED RECYCLING FACILITIES; TO AMEND SECTION 44-96-290, RELATING TO SOLID WASTE MANAGEMENT PERMITTING, SO AS TO REQUIRE ADVANCED RECYCLING FACILITIES TO DEMONSTRATE FINANCIAL RESPONSIBILITY AS A CONDITION OF PERMITTING; TO AMEND SECTION 48-1-50, RELATING TO POWERS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ADD REGULATION OF ADVANCED RECYCLING FACILITIES; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT CERTAIN REGULATIONS AND REPORTS PERTAINING TO END-OF-LIFE MANAGEMENT OF SOLAR PANELS AND THE DECOMMISSIONING OF CERTAIN SOLAR PROJECTS; TO PROVIDE SUNSET PROVISIONS FOR CERTAIN SECTIONS OF THE ACT; AND FOR OTHER PURPOSES.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., January 25, 2022
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has returned the following Joint Resolution to the Senate with amendments:
S. 948 (Word version) -- Senator Williams: A JOINT RESOLUTION TO PROVIDE FOR THE DATE OF THE 2022 ELECTION FOR THE MARION COUNTY BOARD OF EDUCATION TO OCCUR ON THE SECOND TUESDAY OF MAY 2022.
Very respectfully,
Speaker of the House
Received as information.
S. 948 (Word version) -- Senator Williams: A JOINT RESOLUTION TO PROVIDE FOR THE DATE OF THE 2022 ELECTION FOR THE MARION COUNTY BOARD OF EDUCATION TO OCCUR ON THE SECOND TUESDAY OF MAY 2022.
The House returned the Joint Resolution with amendments, the question being concurrence in the House amendments.
On motion of Senator WILLIAMS, with unanimous consent, the Joint Resolution was taken up for immediate consideration.
On motion of Senator WILLIAMS, 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.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 966 (Word version) -- Senators Rankin, Campsen, Sabb, Matthews, Talley and Harpootlian: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-19-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE CONGRESSIONAL DISTRICTS ARE ELECTED BEGINNING WITH THE 2022 GENERAL ELECTION; TO REPEAL SECTION 7-19-35 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE CONGRESSIONAL DISTRICTS WERE FORMERLY ELECTED; TO AUTHORIZE THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE TO INTERVENE IN ANY STATE OR FEDERAL ACTION CONCERNING THIS LEGISLATION; TO AUTHORIZE THE PRESIDENT OF THE SENATE TO INITIATE OR OTHERWISE PARTICIPATE IN LITIGATION ON BEHALF OF THE SENATE REGARDING REDISTRICTING; AND TO AUTHORIZE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO INITIATE OR OTHERWISE PARTICIPATE IN LITIGATION ON BEHALF OF THE HOUSE REGARDING REDISTRICTING.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
On motion of Senator MASSEY, the Bill was carried over.
Senator MALLOY objected to the consideration of the Bill.
S. 230 (Word version) -- Senators Shealy, Hutto, Jackson and Gustafson: A BILL TO AMEND SECTION 16-3-2020(G) OF THE 1976 CODE, RELATING TO TRAFFICKING VICTIMS WHO ARE MINORS, TO PROVIDE THAT MINORS ENGAGED IN COMMERCIAL SEXUAL ACTIVITY OR TRAFFICKING ARE PRESUMED TO BE DOING SO UNDER COERCION OR AS THE RESULT OF A REASONABLE FEAR OF A THREAT, TO PROVIDE FOR AN AFFIRMATIVE DEFENSE OF THESE VICTIMS, AND TO PROVIDE FOR EXPUNGEMENT FOR THESE VICTIMS.
Senator MALLOY objected to the consideration of the Bill.
Senator KIMBRELL objected to the consideration of the Bill.
The Senate proceeded to a consideration of the Bill.
Senator SCOTT proposed the following amendment (AHB\ 3255C001.BH.AHB21), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 40-57-340(B) of the 1976 Code is amended to read:
"(B)(1) Exempt from the biennial continuing education required by subsection (A) are a:
(1)(a) salesperson who successfully completes a post-licensing course or takes a broker course is exempt for the renewal period during which the course was taken;
(2)(b) licensee while on inactive status;
(3)(c) nonresident broker or salesperson who has successfully satisfied the continuing education requirements in their jurisdiction of residence may be exempt with approval of the commission;
(4)(d) broker or salesperson with twenty-five years or more of experience in South Carolina who is sixty-five years of age or more is exempt from the continuing education requirements of this chapter; or
(e) broker or salesperson with a minimum of twenty-five years of licensure in South Carolina may apply to be granted an experience-based partial continuing education waiver, and upon granting of the waiver, is required to complete only the mandatory four hour core course biennially to maintain active licensure. (2) A broker-in-charge who has been granted a partial continuing education waiver is required to take the four hour core course and the mandated four hour broker-in-charge course biennially. A licensee who previously has been granted a full continuing education waiver by the commission is exempt from the continuing education requirements of this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
The amendment was adopted.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Campsen Cash Climer Corbin Davis Fanning Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin McElveen Peeler Rankin Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 3466 (Word version) -- Reps. Long, McGarry, Pope, Forrest, Magnuson and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-80-65 SO AS TO PROVIDE PROCEDURES THROUGH WHICH A FIRE DEPARTMENT THAT ASSUMES THE COST OF TRAINING A FIREFIGHTER MAY BE REIMBURSED FOR THESE COSTS BY OTHER FIRE DEPARTMENTS THAT SUBSEQUENTLY HIRE THE FIREFIGHTER WITHIN A CERTAIN PERIOD OF TIME.
Senator SENN objected to the consideration of the Bill.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 12:26 P.M., on motion of Senator HEMBREE, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 290 (Word version) -- Senators Climer, Senn, Campsen, Loftis, Rice, Peeler, Turner, Davis, Gustafson, Grooms, M. Johnson, Garrett and Fanning: A BILL TO AMEND SECTIONS 44-7-110, 44-7-120, 44-7-130, 44-7-140, 44-7-150, AND 44-7-320 OF THE 1976 CODE, ALL RELATING TO THE REGULATION OF HEALTH CARE FACILITIES IN THE STATE, TO ELIMINATE REFERENCES TO CERTIFICATE OF NEED REQUIREMENTS; TO REPEAL SECTIONS 44-7-160, 44-7-170, 44-7-180, 44-7-190, 44-7-200, 44-7-210, 44-7-220, 44-7-225, 44-7-230, AND 44-7-240 OF THE 1976 CODE, ALL RELATING TO THE CERTIFICATE OF NEED PROGRAM; AND TO RENAME ARTICLE 3, CHAPTER 7, TITLE 44 OF THE 1976 CODE AS THE "STATE HEALTH FACILITY LICENSURE ACT".
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators TALLEY and CLIMER proposed the following amendment (290R011.SP.SFT),which was carried over and subsequently adopted:
Amend the bill, as and if amended, beginning on page 11, by striking SECTION 9 and inserting:
/SECTION 9. 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. /
Renumber sections to conform.
Amend title to conform.
Senator CLIMER explained the amendment.
The amendment was adopted.
Senators MALLOY, DAVIS, CLIMER, GUSTAFSON, ALEXANDER and FANNING proposed the following amendment (290R009.SP.TD), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __. (A) There is created the Certificate of Need Study committee to examine the effect of the repeal of the Certificate of Need program on the quality and quantity of access to healthcare in rural portions of South Carolina. For the purposes of the study committee, "rural" means those areas considered "rural" by the United States Census Bureau, using factors including, but not limited to, population and population density.
(B)(1) The study committee shall be composed of six members to include three members of the Senate, as appointed by the President of the Senate, and three members of the House of Representatives, as appointed by the Speaker of the House of Representatives. (2) The study committee shall meet as soon as practicable to organize and elect a co-chairman from the Senate and the House of Representatives. The co-chairmen shall be elected by a majority vote of the study committee members.
(3) The study committee shall consult with a non-voting advisory board as needed. The non-voting advisory board shall include one representative from the South Carolina Hospital Association, the South Carolina Medical Association, the Department of Health and Environmental Control, and the Department of Health and Human Services.
(C)(1) The study committee shall:
(a) examine the effect that the repeal of the Certificate of Need program has on the quality and quantity of access to healthcare in rural portions of the state;
(b) prepare a report of its work and findings to the General Assembly that may include recommendations for action on any of the rural healthcare access measures studied. Recommendations may include legislative, regulatory, or policy changes to address any identified trends associated with the decrease in the quality and quantity of access to healthcare in the rural portions of the state. A recommendation for action shall be based upon a finding by a majority of the voting members that one or more measures would promote the quality and quantity of healthcare access to rural areas; and
(c) draft any recommended legislation.
(2) The study committee shall provide a report to the General Assembly of its findings and recommendations by January 1, 2024. The study committee shall dissolve upon providing its report to the General Assembly, or on January 1, 2024, whichever occurs first.
(D) The study committee may obtain data or other information it deems necessary from state agencies that is relevant to the purposes of the study committee, including from the Department of Health and Environmental Control, the Department of Health and Human Services, and the Department of Employment and Workforce. Agencies are required to respond promptly and provide requested information.
(E) The Senate Medical Affairs Committee and the House Medical, Military, Public and Municipal Committee shall provide staff for the study committee. /
Renumber sections to conform.
Amend title to conform.
Senator MALLOY explained the amendment.
Amend the bill, as and if amended, beginning on page 10, by striking SECTION 7 and inserting:
/SECTION 7. Section 44-7-160 of the 1976 Code is amended to read:
"Section 44-7-160. (A) A person or health care facility nursing home as defined in this article is required to obtain a Certificate of Need from the department before undertaking any of the following:
(1) the construction or other establishment of a new health care facility nursing home;
(2) a change in the existing bed complement of a health care facility nursing home through the addition of one or more beds or change in the classification of licensure of one or more beds;
(3) an expenditure by or on behalf of a health care facility nursing home in excess of an amount to be prescribed by regulation which, under generally acceptable accounting principles consistently applied, is considered a capital expenditure except those expenditures exempted in Section 44-7-170(B)(1). The cost of any studies, surveys, designs, plans, working drawings, specifications, and other activities essential to the development, acquisition, improvement, expansion, or replacement of any plant or equipment must be included in determining if the expenditure exceeds the prescribed amount;
(4) a capital expenditure by or on behalf of a health care facility nursing home which is associated with the addition or substantial expansion of a health service for which specific standards or criteria are prescribed in the South Carolina Health Plan;
(5) the offering of a health service by or on behalf of a health care facility nursing home which has not been offered by the facility in the preceding twelve months and for which specific standards or criteria are prescribed in the South Carolina Health Plan;
(6) the acquisition of medical equipment which is to be used for diagnosis or treatment if the total project cost is in excess of that prescribed by regulation.
(B) For rural and underserved populations, a new health care facility must obtain a Certificate of Need from the department prior to undertaking the construction or establishment of a new health care facility if a hospital is in existence or under construction and is within the county of the proposed new health care facility. The Certificate of Need is required for a ten-year period." / Renumber sections to conform.
Amend title to conform.
Senator KIMPSON spoke the amendment.
Senator MALLOY spoke on the amendment.
On motion of Senator MALLOY, with unanimous consent, the amendment was withdrawn.
The question then was third reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Campsen Cash Climer Corbin Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Jackson Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen McLeod Peeler Rankin Rice Senn Setzler Shealy Talley Turner Verdin Young
Allen Johnson, Kevin Matthews Sabb Scott Williams
There being no further amendments, the Bill, as amended, was read the third time, passed and ordered sent to the House of Representatives with amendments.
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
At 2:22 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.
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