NO. 44
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 147:1: "Praise the Lord! How good it is to sing praises to our God; for He is gracious and a song of praise is fitting."
Let us pray. The Lord lifts us up when we feel not so well. We need the help which we know comes from You. Be with these Representatives and Staff as they work for the people of South Carolina. Bless our defenders of freedom and first responders as they give of their efforts to keep us safe. Thank You for keeping us in Your loving care. Look in favor upon our World, Nation, President, State, Governor, Speaker, Staff, and all who labor in this Vineyard. Remember our men and women who serve us in the Armed Forces. Bless those with Hidden Wounds.
Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, March 29, the SPEAKER ordered it confirmed.
Rep. MOSS moved that when the House adjourns, it adjourn in memory of former Representative V. Stephen "Steve" Moss, which was agreed to.
The House stood in silent prayer for the family and friends of former Representative V. Stephen "Steve" Moss.
The following was received:
April 9, 2024
Mr. Charles F. Reid, Clerk
South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211
Dear Mr. Reid:
The State Election Commission has certified to this office that the Honorable Tiffany Spann-Wilder received the greatest number of votes cast for the State House of Representatives District 109 Special Election held on April 2, 2024.
The attached hereby certifies Tiffany Spann-Wilder as a duly and properly elected member of the House of Representatives.
Sincerely,
Mark Hammond
Secretary of State
April 8, 2024
The Honorable Mark Hammond
Secretary of State
1205 Pendleton Street, Suite 525
Columbia, SC 29201
Dear Mr. Secretary,
The State Election Commission hereby certifies Tiffany Spann-Wilder as the winner of the State House District 109 Special Election held on April 2, 2024, in Dorchester and Charleston Counties. The official results are as follows:
Candidate Votes Percent
Tiffany Spann-Wilder, Winner 299 97.39%
Write-in 8 2.61%
Sincerely,
Howard M. Knapp
Executive Director
The Honorable Tiffany Spann-Wilder, Member-elect from District No. 109, presented her credentials and the oath of office was administered to her by the SPEAKER.
Document No. 5190
Agency: Department of Mental Health
Statutory Authority: 1976 Code Sections 44-9-100, 44-11-70, and 56-21-70
Parking Regulations
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5235
Agency: Department of Labor, Licensing and Regulation - State Board of Physical Therapy Examiners
Statutory Authority: 1976 Code Section 40-45-60
Board of Physical Therapy Examiners
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5252
Agency: Department of Labor, Licensing and Regulation - State Board of Social Work Examiners
Statutory Authority: 1976 Code Sections 40-1-70 and 40-63-70
State Board of Social Work Examiners
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5253
Agency: Department of Labor, Licensing and Regulation - South Carolina Real Estate Commission
Statutory Authority: 1976 Code Sections 40-1-50, 40-1-70, 40-57-60, 40-57-135, 40-57-320, 40-57-340, and 40-57-740
Real Estate Commission
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5257
Agency: Department of Labor, Licensing and Regulation - State Board of Pharmacy
Statutory Authority: 1976 Code Sections 40-1-70, 40-43-60(D)(8), 40-43-83(I), and 40-43-86(B)(3)(c)
State Board of Pharmacy
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5248
Agency: Department of Labor, Licensing and Regulation - Building Codes Council
Statutory Authority: 1976 Code Sections 6-8-20, 6-9-40, 6-9-55, 6-9-63, 10-5-250, 23-43-40, 40-1-50, and 40-1-70
Building Codes Council
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration May 8, 2024
Document No. 5255
Agency: Department of Labor, Licensing and Regulation - Office of Elevators and Amusement Rides
Statutory Authority: 1976 Code Sections 41-16-140 and 41-18-120
Office of Elevators and Amusement Rides
Received by Speaker of the House of Representatives January 9, 2024
Referred to Regulations and Administrative Procedures Committee
Legislative Review Expiration: permanently withdrawn.
The following was received:
Columbia, S.C. Tuesday, April 2, 2024
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Allen, Climer and Goldfinch to the Committee of Conference on the part of the Senate on H. 4116 (Word version):
H. 4116 (Word version) -- Reps. Sandifer, M. M. Smith and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 40-19-295 SO AS TO PROHIBIT THE DIVIDING OF FEES OR OTHER COMPENSATION CHARGED OR RECEIVED BY LICENSEES OF THE BOARD OF FUNERAL SERVICES WITH ANOTHER PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION, OR LEGAL ENTITY FOR THE DELIVERY OR PERFORMANCE OF FUNERAL SERVICES; BY AMENDING SECTION 32-7-100, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS REGULATING PRENEED FUNERAL CONTRACTS, SO AS TO INCREASE FINE RANGES AND PERMANENTLY BAR PERSONS CONVICTED OF A FELONY FROM CONDUCTING PRENEED CONTRACT SALES; BY AMENDING SECTION 32-7-110, RELATING TO THE INVESTIGATION OF COMPLAINTS AGAINST UNLICENSED PRENEED CONTRACT SALES PROVIDERS, SO AS TO PROVIDE COMPLAINTS TO WHICH THE DEPARTMENT SHALL RESPOND MAY BE WRITTEN OR ORAL; BY AMENDING SECTION 32-8-360, RELATING TO PENALTIES FOR VIOLATIONS OF THE SAFE CREMATION ACT, SO AS TO INCREASE MONETARY FINES AND REQUIRE IMMEDIATE REPORTING OF VIOLATIONS TO THE BOARD; BY AMENDING SECTION 32-8-385, RELATING TO REQUIREMENTS THAT CREMATORIES EMPLOY CERTAIN TRAINED STAFF TO PERFORM CREMATIONS, SO AS TO REQUIRE ALL CREMATIONS BE PERFORMED BY THESE TRAINED STAFF MEMBERS; BY AMENDING SECTION 40-19-20, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS; BY AMENDING SECTION 40-19-30, RELATING TO THE REQUIREMENT OF LICENSURE TO PRACTICE FUNERAL SERVICES, SO AS TO PROVIDE CONDUCT CONSTITUTING THE PRACTICE OF FUNERAL SERVICES INCLUDES PARTIES WHO EXERCISE ANY CONTROL OR AUTHORITY OVER A FUNERAL ESTABLISHMENT OR ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, AND TO PROHIBIT CORPORATIONS, PARTNERSHIPS, OR INDIVIDUALS IN WHOSE NAME APPEARS THE NAME OF A PERSON WITH A REVOKED OR LAPSED LICENSE FROM HAVING A LICENSE TO OPERATE A FUNERAL HOME; BY AMENDING SECTION 40-19-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE BOARD MEMBERS, COMMITTEES, OR EMPLOYEES MAY NOT BE LIABLE FOR ACTS PERFORMED IN THE COURSE OF THEIR OFFICIAL DUTIES IN THE ABSENCE OF MALICE SHOWN AND PROVEN IN A COURT OF COMPETENT JURISDICTION; BY AMENDING SECTION 40-19-80, RELATING TO INSPECTORS EMPLOYED BY THE BOARD, SO AS TO INSTEAD REQUIRE THE BOARD TO EMPLOY AT LEAST TWO INVESTIGATORS WHO MAY BE LICENSED EMBALMERS AND FUNERAL DIRECTORS WITH CERTAIN EXPERIENCE BUT WHO HAVE NOT BEEN DISCIPLINED; BY AMENDING SECTION 40-19-110, RELATING TO CONDUCT CONSTITUTING UNPROFESSIONAL CONDUCT BY A LICENSEE OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; BY AMENDING SECTION 40-19-115, RELATING TO JURISDICTION OF THE BOARD, SO AS TO INCLUDE UNLICENSED PERSONS WITH THIS JURISDICTION; BY AMENDING SECTION 40-19-200, RELATING TO PENALTIES FOR VIOLATIONS OF PROVISIONS PROHIBITING THE PRACTICE OF FUNERAL SERVICES WITHOUT A LICENSE OR USING FALSE INFORMATION TO OBTAIN SUCH LICENSURE, SO AS TO INCREASE MONETARY FINES, AND TO SUBJECT PERSONS WHO AID AND ABET UNLICENSED PERSONS OR ENTITIES IN ENGAGING IN THE PRACTICE OF FUNERAL SERVICE WITHOUT LICENSURE TO THESE PENALTIES; BY AMENDING SECTION 40-19-250, RELATING TO CONTINUING EDUCATION PROGRAMS, SO AS TO REQUIRE CERTAIN COURSEWORK IN ETHICS, TO REQUIRE FOUR HOURS OF TOTAL ANNUAL COURSEWORK, TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK TO BE IN ETHICS, AND TO REQUIRE A CERTAIN PORTION OF THIS COURSEWORK BE COMPLETED IN PERSON; AND BY AMENDING SECTION 40-19-290, RELATING TO THE FIDUCIARY RESPONSIBILITIES OF FUNERAL ESTABLISHMENTS WITH RESPECT TO PAYMENTS RECEIVED FOR FUNERAL MERCHANDISE BEING PURCHASED, SO AS TO PROVIDE THESE PAYMENTS MUST BE KEPT IN A TRUST ACCOUNT UNTIL THE MERCHANDISE IS DELIVERED FOR ITS INTENDED USE OR IS DELIVERED INTO THE PHYSICAL POSSESSION OF THE PURCHASER.
Very Respectfully,
President
Received as information.
The following was introduced:
H. 5359 (Word version) -- Reps. Hixon, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JAMES GRAY, FOREMAN OF THE MOWING CREW WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND TO
COMMEND HIM FOR HIS SWIFT RESPONSE AND HEROIC ACTIONS TO CARE FOR AN INJURED COWORKER.
The Resolution was adopted.
The following was introduced:
H. 5360 (Word version) -- Reps. Hixon, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SHAQUILLE OLIVER, EQUIPMENT OPERATOR OF DISTRICT 2 BRIDGE CREW WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, AND TO COMMEND HIM FOR HIS SWIFT RESPONSE AND HEROIC ACTIONS TO CARE FOR AN INJURED COWORKER.
The Resolution was adopted.
The following was introduced:
H. 5362 (Word version) -- Rep. King: A HOUSE RESOLUTION TO HONOR PASTOR ROSAVELT COPELAND FOR THE MANY YEARS OF SERVICE HE HAS GIVEN TO HIS CHURCH AND COMMUNITY. The Resolution was adopted.
The following was introduced:
H. 5363 (Word version) -- Rep. King: A HOUSE RESOLUTION TO CONGRATULATE LEOLA ALEXANDER OF YORK COUNTY ON THE OCCASION OF HER ONE HUNDRED THIRD BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced:
H. 5365 (Word version) -- Rep. McDaniel: A HOUSE RESOLUTION TO CONGRATULATE BLACKJACK BAPTIST CHURCH OF WINNSBORO ON THE OCCASION OF ITS HISTORIC TWO HUNDRED SECOND ANNIVERSARY AND TO COMMEND THE CHURCH FOR MORE THAN TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.
The Resolution was adopted.
The following was introduced: H. 5366 (Word version) -- Reps. Rutherford, Rose, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM AND COACHES AND TO CONGRATULATE THEM FOR THEIR AMAZING WIN IN THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S 2024 NATIONAL CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 5367 (Word version) -- Reps. Rutherford and Rose: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE UNIVERSITY OF SOUTH CAROLINA WOMEN'S BASKETBALL TEAM OF RICHLAND COUNTY WITH THE TEAM COACHES, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR CAPTURING THE 2024 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION NATIONAL CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced: H. 5369 (Word version) -- Reps. White, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR HARPER ROWE, A FIFTH GRADE STUDENT AT REUBEN ELEMENTARY SCHOOL IN NEWBERRY, AND TO CONGRATULATE HER FOR WINNING 2024 ENLIGHTENSC CHILDREN'S BOOK CHALLENGE, IN THE GROUP DIVISION.
The Resolution was adopted.
The following was introduced:
H. 5370 (Word version) -- Reps. White, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ALI CHAPMAN, FIFTH GRADE STUDENT AT REUBEN ELEMENTARY SCHOOL IN NEWBERRY, AND TO CONGRATULATE HER FOR WINNING THE GROUP DIVISION OF THE 2024 ENLIGHTENSC CHILDREN'S BOOK CHALLENGE. The Resolution was adopted.
The following was introduced:
H. 5371 (Word version) -- Reps. Lawson, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE BLACKSBURG HIGH SCHOOL WINTER GUARD, DIRECTOR OF GUARDS, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2023 SOUTH CAROLINA BAND DIRECTORS ASSOCIATION SCHOLASTIC AAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 5361 (Word version) -- Rep. Trantham: A CONCURRENT RESOLUTION TO RECOGNIZE THE NEED TO PROTECT WORKPLACE SAFETY AND PRIVATE PROPERTY RIGHTS FROM INFRINGEMENT BY PROPOSED CHANGES TO THE OSHA WORKER WALKAROUND REPRESENTATIVE DESIGNATION PROCESS.
The Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The following was introduced:
H. 5364 (Word version) -- Rep. Taylor: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF APRIL 2024 AS "DISTRACTED DRIVER AWARENESS MONTH" THROUGHOUT OUR STATE AND TO ENCOURAGE ALL SOUTH CAROLINA CITIZENS TO PRACTICE SAFE DRIVING BEHAVIORS AND PLEDGE TO DRIVE DISTRACTION FREE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following: S. 1230 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 17, 2024, IMMEDIATELY FOLLOWING JUDICIAL ELECTIONS, AS THE TIME TO ELECT A MEMBER TO THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON TO FILL THE TERM OF THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT SEAT 3, THIRD CONGRESSIONAL DISTRICT SEAT 5, FOURTH CONGRESSIONAL DISTRICT SEAT 7, FIFTH CONGRESSIONAL DISTRICT SEAT 9, SIXTH CONGRESSIONAL DISTRICT SEAT 11, SEVENTH CONGRESSIONAL DISTRICT SEAT 13, AT-LARGE SEAT 15, AND AT-LARGE SEAT 17, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER TO THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT SEAT 1, WHOSE TERM WILL EXPIRE ON JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE SECOND CONGRESSIONAL DISTRICT SEAT 2, WHOSE TERM WILL EXPIRE ON JUNE 30, 2024, THE TERM OF THE MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT SEAT 5 AND FOR THE SIXTH CONGRESSIONAL DISTRICT SEAT 6, OF WHICH BOTH TERMS WILL EXPIRE ON JUNE 30, 2026, AND THE TERM OF THE MEMBER FOR AT-LARGE SEATS 8, 10, 12, AND 13, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF LANDER UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT SEAT 9, WHOSE TERM WILL EXPIRE ON JUNE 30, 2024; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA TO FILL THE TERM OF THE MEMBER FOR THE FIRST CONGRESSIONAL DISTRICT MEDICAL SEAT, SECOND CONGRESSIONAL DISTRICT MEDICAL SEAT, THIRD CONGRESSIONAL DISTRICT MEDICAL SEAT, FOURTH CONGRESSIONAL DISTRICT LAY SEAT, FIFTH CONGRESSIONAL DISTRICT LAY SEAT, SIXTH CONGRESSIONAL DISTRICT MEDICAL SEAT, AND SEVENTH CONGRESSIONAL DISTRICT LAY SEAT, OF WHICH ALL TERMS WILL EXPIRE JUNE 30, 2026; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO FILL THE TERM OF A MEMBER FOR THE FIFTH CONGRESSIONAL DISTRICT SEAT 5, SEVENTH CONGRESSIONAL DISTRICT SEAT 7, AND AT-LARGE SEATS 9 AND 11, OF WHICH ALL TERMS WILL EXPIRE ON JUNE 30, 2026; AND TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY FOR THE FOURTH CONGRESSIONAL DISTRICT SEAT 4, WHOSE TERM WILL EXPIRE ON JUNE 30, 2028; AND TO FIX WEDNESDAY, APRIL 17, 2024, IMMEDIATELY FOLLOWING COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES ELECTIONS, AS THE TIME TO ELECT MEMBERS TO THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE'S APPELLATE PANEL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1240 (Word version) -- Senator Sabb: A CONCURRENT RESOLUTION TO CONGRATULATE EDITH MCCLARY REDDEN UPON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER FORTY-SEVEN YEARS OF DEDICATED SERVICE, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD. The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5368 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-6-120 SO AS TO AUTHORIZE TWELVE CHIROPRACTIC VISITS PER STATE FISCAL YEAR FOR ELIGIBLE MEDICAID BENEFICIARIES.
Referred to Committee on Ways and Means
H. 5372 (Word version) -- Rep. W. Jones: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ACCESSORY DWELLING UNIT AFFORDABLE HOUSING INCENTIVE ACT" BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR CERTAIN ACCESSORY DWELLING UNITS.
Referred to Committee on Ways and Means
H. 5373 (Word version) -- Rep. W. Jones: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA LOTTERY SCHOLARSHIP GUARANTEED ADMISSION ACT" BY ADDING SECTION 59-150-372 SO AS TO CREATE THE LOTTERY SCHOLARSHIP GUARANTEED ADMISSIONS PROGRAM, TO PROVIDE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE THAT RECEIVE LOTTERY SCHOLARSHIP FUNDS MUST GUARANTEE ADMISSION TO STUDENTS WHO GRADUATE IN THE TOP TEN PERCENT OF THEIR HIGH SCHOOL CLASS, AMONG OTHER THINGS, AND TO IMPOSE A RELATED REPORTING REQUIREMENT ON THE INSTITUTIONS.
Referred to Committee on Ways and Means
H. 5374 (Word version) -- Reps. Henegan, Williams, Rivers and Kirby: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 39-5-190 SO AS TO PROVIDE THAT EVERY INDIVIDUAL HAS A PROPERTY RIGHT IN THE USE OF THAT INDIVIDUAL'S NAME, PHOTOGRAPH, VOICE, OR LIKENESS IN ANY MEDIUM IN ANY MANNER AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary
H. 5375 (Word version) -- Reps. A. M. Morgan, Landing, Beach, Brittain, Mitchell, Taylor, Schuessler, Guffey, Crawford, O'Neal, May, Calhoon, Hayes, M. M. Smith, Elliott, T. Moore, Forrest, McCravy, B. J. Cox, Kilmartin, Long, Burns, McCabe, Ligon, T. A. Morgan, Willis, Yow, Oremus, S. Jones, Chumley, Leber, White, Gilliam, Magnuson, Guest, Nutt, Pace, B. L. Cox, McGinnis, Pope, Hager, Wooten, Vaughan, Bustos, Harris, B. Newton, Hyde, Hartnett, Lawson, Gibson, McDaniel, Blackwell, Haddon, Herbkersman, Hewitt, Hiott, Hixon, Lowe, Moss and Thayer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-1-80 SO AS TO PROVIDE THAT A PROPERTY OWNER MAY REQUEST FOR THE IMMEDIATE REMOVAL OF A PERSON UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING AND TO PROVIDE FOR A COMPLAINT FORM; AND BY ADDING SECTION 16-11-40 SO AS TO PROVIDE FOR CERTAIN PENALTIES FOR A PERSON WHO UNLAWFULLY DETAINS OR OCCUPIES RESIDENTIAL PROPERTY.
Referred to Committee on Judiciary
S. 32 (Word version) -- Senators Hutto, Senn and Sabb: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-77-170, RELATING TO THE REQUIRED CONDITIONS TO SUE OR RECOVER UNDER THE UNINSURED MOTORIST PROVISION WHEN THE OWNER OR OPERATOR OF THE MOTOR VEHICLE CAUSING INJURY OR DAMAGE IS UNKNOWN, SO AS TO ALLOW AN INSURED TO SEEK A COURT ORDER FOR A PRESUIT DEPOSITION WHEN THE INSURED IS UNABLE TO OBTAIN AN AFFIDAVIT FROM A WITNESS TO THE ACCIDENT AND TO ALLOW AN INSURED TO SUBMIT ELECTRONIC OR OTHER RECORDING OF THE ACCIDENT TO MEET THE REQUIRED CONDITIONS OF THE UNINSURED MOTORIST PROVISION.
Referred to Committee on Judiciary
S. 723 (Word version) -- Senators Talley, Turner, Campsen and Bennett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 27-40-20, RELATING TO THE PURPOSES AND RULES OF CONSTRUCTION FOR THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO EXEMPT CERTAIN TENANCIES FROM THE ACT; AND BY AMENDING SECTION 45-2-60, RELATING TO THE EJECTMENT OF A PERSON FROM A LODGING ESTABLISHMENT, SO AS TO AUTHORIZE AN INNKEEPER TO REQUEST ASSISTANCE FROM LAW ENFORCEMENT TO EJECT A PERSON AND TO PROVIDE THAT A PERSON EJECTED FROM A CAMPGROUND HAS TEN DAYS TO MAKE A CLAIM FOR PROPERTY LEFT AT THE TIME OF EJECTMENT.
Referred to Committee on Judiciary
S. 841 (Word version) -- Senators Alexander and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PROSECUTORS PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 2, TITLE 30 SO AS TO DEFINE NECESSARY TERMS, AND TO PROVIDE CURRENT AND FORMER PROSECUTORS HAVE THE OPTION OF MAKING PERSONAL CONTACT INFORMATION HELD BY STATE OR LOCAL GOVERNMENTS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, TO PROVIDE LIMITED EXCEPTIONS, AND TO PROVIDE RELATED PROCEDURES FOR EXERCISING THIS OPTION, AMONG OTHER THINGS; AND TO PROVIDE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL CREATE A FORM FOR USE BY PROSECUTORS WHEN REQUESTING NONDISCLOSURE OF PERSONAL CONTACT INFORMATION, AND TO SPECIFY REQUIREMENTS FOR THE FORM.
Referred to Committee on Judiciary
S. 843 (Word version) -- Senator Rankin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 33-56-120, RELATING TO MISREPRESENTATIONS PROHIBITED, SO AS TO PROHIBIT A SOLICITATION FROM A PERSON OR GROUP REPRESENTING ITSELF AS A SOUTH CAROLINA-BASED NATIVE AMERICAN INDIAN TRIBE OR SOUTH CAROLINA-BASED NATIVE AMERICAN ENTITY UNLESS THE GROUP HAS BEEN FEDERALLY ACKNOWLEDGED AS A TRIBE, OR DESIGNATED AS A TRIBE, GROUP, OR SPECIAL INTEREST ORGANIZATION BY THE BOARD OF THE STATE COMMISSION FOR MINORITY AFFAIRS.
Referred to Committee on Judiciary
S. 846 (Word version) -- Senator Rankin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 33-31-401, RELATING TO CORPORATE NAME, SO AS TO PROHIBIT THE USE OF CERTAIN INDIAN DESCRIPTIONS AS PART OF A NONPROFIT CORPORATION'S CORPORATE NAME UNLESS THE ENTITY IS A FEDERALLY ACKNOWLEDGED TRIBE OR A STATE DESIGNATED TRIBE, GROUP, OR SPECIAL INTEREST ORGANIZATION.
Referred to Committee on Labor, Commerce and Industry
S. 849 (Word version) -- Senators Verdin and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-230, RELATING TO SCHEDULE III CONTROLLED SUBSTANCES, SO AS TO ADD XYLAZINE AS A SCHEDULE III CONTROLLED SUBSTANCE, WITH EXCEPTIONS; AND BY ADDING SECTION 44-53-372 SO AS TO PROHIBIT THE PRODUCTION, MANUFACTURE, DISTRIBUTION, OR POSSESSION OF XYLAZINE, WITH EXCEPTIONS, AND TO ESTABLISH ASSOCIATED CRIMINAL PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 857 (Word version) -- Senators Davis and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-13-20, RELATING TO DEFINITIONS CONCERNING COSMETOLOGY AND COSMETOLOGISTS SO AS TO PROVIDE A DEFINITION FOR "MOBILE SALON" AND "PORTABLE COSMETOLOGIST, ESTHETICIAN, OR NAIL TECHNICIAN OPERATION"; AND BY ADDING SECTION 40-13-365 SO AS TO PROVIDE FOR PERMITTING AND REGULATION OF MOBILE
SALONS AND PORTABLE COSMETOLOGIST, ESTHETICIAN, OR NAIL TECHNICIAN OPERATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 858 (Word version) -- Senators Davis, Garrett, Kimbrell, Setzler and Malloy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-7-130, RELATING TO HEALTH CARE FACILITY LICENSURE DEFINITIONS, SO AS TO ADD A DEFINITION FOR "ACUTE HOSPITAL CARE AT HOME"; BY AMENDING SECTION 44-7-170, RELATING TO CERTIFICATE OF NEED PROGRAM EXEMPTIONS, SO AS TO EXEMPT ACUTE HOSPITAL CARE AT HOME PROGRAMS AND SERVICES; AND BY ADDING SECTION 44-7-267 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR LICENSING ACUTE HOSPITAL CARE AT HOME PROGRAMS AND SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 866 (Word version) -- Senator Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-48-30, RELATING TO DEFINITIONS, SO AS TO PROVIDE A REASONABLE EXPECTATION STANDARD FOR THE DETERMINATION OF WHETHER SOMEONE IS LIKELY TO ENGAGE IN ACTS OF SEXUAL VIOLENCE; AND BY AMENDING SECTION 44-48-20, RELATING TO LEGISLATIVE FINDINGS, SO AS TO CLARIFY THE METHOD OF DETERMINATION FOR THE LIKLIHOOD THAT A PERSON WILL ENGAGE IN FUTURE ACTS OF SEXUAL VIOLENCE.
Referred to Committee on Judiciary
S. 955 (Word version) -- Senators Campsen and Matthews: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 50-5-400 SO AS TO ESTABLISH THE LIMITED COMMERCIAL BLUE CRAB LICENSE AND THE REQUIREMENTS FOR OBTAINING THE LICENSE; BY AMENDING SECTION 50-5-325, RELATING TO COMMERCIAL EQUIPMENT LICENSES AND FEES, SO AS TO REVISE THE FEE STRUCTURE FOR THE COMMERCIAL TRAP LICENSE; BY AMENDING SECTION 50-5-350, RELATING TO THE TRANSFERABILITY OF LICENSES, SO AS TO EXEMPT THE LIMITED COMMERCIAL BLUE CRAB LICENSE FROM THE GENERAL TRANSFER PROHIBITION; BY AMENDING SECTION 50-5-360, RELATING TO LICENSES TO ENGAGE IN SHEDDING PEELER CRABS, SO AS TO REQUIRE THAT AN APPLICANT'S OR LICENSEE'S BUSINESS PREMISES BE CAPABLE OF PEELER SHEDDING OPERATIONS; BY AMENDING SECTION 50-5-545, RELATING TO TRAPS FOR TAKING BLUE CRAB, SO AS TO PROVIDE FOR THE MATERIAL, DIMENSIONS, AND ESCAPE VENT REQUIREMENTS OF THE TRAPS; BY ADDING SECTION 50-5-1302 SO AS TO ESTABLISH A RECREATIONAL LIMIT OF ONE-HALF BUSHEL OF BLUE CRABS PER PERSON PER DAY NOT TO EXCEED ONE BUSHEL PER BOAT; BY ADDING SECTION 50-5-1345 SO AS TO PROHIBIT THE USE OF CRAB TRAPS IN THE WATERS OF THIS STATE FROM JANUARY 16 THROUGH JANUARY 29 OF EACH YEAR; BY AMENDING SECTION 50-5-330, RELATING TO RECREATIONAL EQUIPMENT LIMITS, SO AS TO INCREASE THE NUMBER OF TRAPS THAT MAY BE USED FOR RECREATIONAL PURPOSES FROM TWO TO TEN WITH A RECREATIONAL CRAB TRAP ENDORSEMENT; AND BY AMENDING SECTION 50-9-540, RELATING TO RECREATIONAL SALTWATER FISHING LICENSES SO AS TO PROVIDE FOR THE COST OF THE RECREATIONAL CRAB TRAP ENDORSEMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 971 (Word version) -- Senator Hutto: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-100, RELATING TO DESIGNATION OF VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO IDENTIFY THE VOTING PLACE FOR CERTAIN PRECINCTS.
Referred to Barnwell Delegation
S. 994 (Word version) -- Senators Alexander, Hutto, Verdin, Grooms, Kimbrell, Gambrell, Shealy, Hembree, McElveen, Davis, Young, Loftis, K. Johnson, McLeod, Martin, Senn, Garrett, Fanning, Cromer, Devine, Williams and Setzler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-95-65 SO AS TO PROVIDE REGULATIONS FOR THE SALE OF ELECTRONIC NICOTINE DELIVERY SYSTEMS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary
S. 1088 (Word version) -- Senators Young, Hutto and Massey: A BILL TO AMEND SECTION 2 OF ACT 205 OF 2016, AS AMENDED, RELATING TO THE EXEMPTION OF PRIVATE, FOR-PROFIT PIPELINE COMPANIES FROM CERTAIN RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES THAT OTHERWISE ARE EXTENDED TO PIPELINE COMPANIES, SO AS TO EXTEND THE SUNSET PROVISION TO JUNE 30, 2026.
Referred to Committee on Judiciary
S. 1112 (Word version) -- Senator Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-7-2340, RELATING TO FINGERPRINT REVIEW, SO AS TO PROVIDE FOR FINGERPRINT-BASED BACKGROUND CHECKS FOR PERSONS APPLYING FOR LICENSURE AS A FOSTER PARENT, ADOPTIVE PARENT, LEGAL GUARDIAN, OR EMPLOYEE OR VOLUNTEER OF A CHILD PLACING AGENCY, RESIDENTIAL TREATMENT PROGRAM, OR CONTRACTED SERVICE PROVIDER WHO HAS DIRECT UNSUPERVISED CONTACT WITH CHILDREN; BY AMENDING SECTION 63-7-2345, RELATING TO PAYMENT OF COSTS OF FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEWS, SO AS TO PROVIDE THAT COSTS FOR FINGERPRINT-BASED BACKGROUND CHECKS MUST BE PAID BY THE INDIVIDUAL OR ENTITY REQUESTING THE BACKGROUND CHECKS; BY AMENDING SECTION 63-7-2350, RELATING TO RESTRICTIONS ON FOSTER CARE, ADOPTION, OR LEGAL GUARDIAN PLACEMENTS, SO AS TO PROVIDE THAT A CHILD MAY BE PLACED IN THE HOME OF A KIN OR FICTIVE KIN CAREGIVER WHO HAS BEEN CONVICTED OR PLED GUILTY TO A CRIMINAL OFFENSE IF MORE THAN FIVE YEARS HAVE PASSED SINCE THE CONVICTION AND THE OFFENSE WAS NOT A FELONY INVOLVING VIOLENCE OR ANY CRIME AGAINST A CHILD; BY AMENDING SECTION 63-13-50, RELATING TO FINGERPRINT EXEMPTIONS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-60, RELATING TO CRIMINAL HISTORY REVIEW FEE, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-190, RELATING TO FINGERPRINT REVIEWS OF DEPARTMENT OF SOCIAL SERVICES PERSONNEL, SO AS TO PROVIDE THAT VOLUNTEERS OR EMPLOYEES OF A CONTRACTOR OR SUBCONTRACTOR WHO CONTRACTS FOR DELIVERY OF PROTECTIVE SERVICES, FAMILY PRESERVATION SERVICES, FOSTER CARE SERVICES, FAMILY REUNIFICATION SERVICES, ADOPTION SERVICES AND OTHER RELATED SERVICES OR PROGRAMS OR A PERSON WHO HAS DIRECT UNSUPERVISED CONTACT WITH A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES SHALL UNDERGO A STATE FINGERPRINT-BASED BACKGROUND CHECK; BY AMENDING SECTION 63-13-420, RELATING TO LICENSURE REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-430, RELATING TO LICENSE RENEWAL, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-620, RELATING TO STATEMENT OF APPROVAL REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-630, RELATING TO APPROVAL RENEWAL, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-820, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-830, RELATING TO STATEMENT OF REGISTRATION, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 63-13-1010, RELATING TO REGISTRATION REQUIRED FOR CHURCH AND RELIGIOUS CENTERS, SO AS TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 63-11-70, RELATING TO BACKGROUND CHECKS AND PARDONS, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Judiciary
S. 1126 (Word version) -- Senators Kimbrell, Peeler, Rice, M. Johnson, Adams, Climer, Garrett, Cash, Young, Alexander, Reichenbach, Shealy, Grooms, Cromer, Turner, Loftis, Fanning, Gustafson, Goldfinch, Massey, Campsen, Bennett, Martin, Corbin and Verdin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO VOTER QUALIFICATIONS, SO AS TO CLARIFY THAT ONLY A CITIZEN OF THE UNITED STATES AND OF THIS STATE OF THE AGE OF EIGHTEEN AND UPWARDS WHO IS PROPERLY REGISTERED IS ENTITLED TO VOTE AS PROVIDED BY LAW.
Referred to Committee on Judiciary
S. 1132 (Word version) -- Senators Davis, Climer and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-7-20, RELATING TO DEFINITIONS CONCERNING BARBERS AND BARBERING, SO AS TO REVISE AND ADD DEFINITIONS; BY AMENDING SECTION 40-7-390, RELATING TO CERTAIN PERSONS EXEMPT FROM REGULATION BY THE STATE BOARD OF BARBER EXAMINERS, SO AS TO EXEMPT PERSONS PROVIDING BLOW-DRYING OR HAIR-BRAIDING SERVICES BUT NO OTHER SERVICES REGULATED BY THE BOARD; BY AMENDING SECTION 40-13-20, RELATING TO DEFINITIONS CONCERNING COSMETOLOGISTS AND COSMETOLOGY, SO AS TO REVISE AND ADD DEFINITIONS; BY AMENDING SECTION 40-13-360, RELATING TO CERTAIN PERSONS EXEMPT FROM REGULATION BY THE STATE BOARD OF BARBER EXAMINERS, SO AS TO EXEMPT PERSONS PROVIDING BLOW-DRYING OR HAIR-BRAIDING SERVICES BUT NO OTHER SERVICES REGULATED BY THE BOARD; AND BY REPEALING SECTION 40-7-255 RELATING TO THE REGULATION OF HAIR-BRAIDING PRACTITIONERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 1150 (Word version) -- Senators Climer, Verdin, Kimbrell, K. Johnson, Martin and Fanning: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 46-57-65 SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO LABEL ANY CULTIVATED FOOD PRODUCT AS BEEF, POULTRY, FISH, OR ANY OTHER MEAT THAT THE CULTIVATED FOOD PRODUCT MAY RESEMBLE FOR THE PURPOSES OF MANUFACTURING, SELLING, OR HOLDING OR OFFERING FOR SALE IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1188 (Word version) -- Senators Tedder and Hembree: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-63-240, RELATING TO EXPULSION FOR THE REMAINDER OF THE YEAR AND HEARINGS, SO AS TO AMEND REQUIREMENTS TO BE INCLUDED IN THE WRITTEN NOTIFICATION TO PARENTS OR LEGAL GUARDIANS OF THE PUPIL.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
The SPEAKER granted Rep. B. J. COX a leave of absence for the day due to military duty.
The SPEAKER granted Rep. HENDERSON-MYERS a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. CRAWFORD a temporary leave of absence.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4187 (Word version)
Date: ADD:
04/09/24 LONG
Bill Number: H. 4561 (Word version)
Date: ADD:
04/09/24 SPANN-WILDER
Bill Number: H. 5080 (Word version)
Date: ADD:
04/09/24 LAWSON
Bill Number: H. 5323 (Word version)
Date: ADD:
04/09/24 WILLIAMS
The following Bill was taken up:
S. 1025 (Word version) -- Senators Young, Massey, Setzler and Hutto: A BILL TO AMEND ACT 588 OF 1986, AS AMENDED, RELATING TO THE ESTABLISHMENT OF SINGLE-MEMBER ELECTION DISTRICTS FOR THE SCHOOL BOARD OF AIKEN COUNTY, SO AS TO REAPPORTION THE DISTRICTS BEGINNING WITH THE SCHOOL BOARD ELECTIONS IN 2024, TO REDESIGNATE THE MAP NUMBER ON WHICH THESE DISTRICTS MAY BE FOUND, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THE REAPPORTIONED ELECTION DISTRICTS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Cromer Davis Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 916 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 1(C) OF ACT 485 OF 1998, RELATED TO THE NEWBERRY COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE FOR THE BOARD OF TRUSTEES MUST FILE A STATEMENT OF INTENTION OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION INSTEAD OF FILING A PETITION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Cromer Davis Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Chumley
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5356 (Word version) -- Rep. Gilliam: A BILL TO AMEND ACT 171 OF 1976, AS AMENDED, RELATING TO FISCAL MATTERS AND THE IMPOSITION OF SCHOOL TAXES FOR LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX, SO AS TO ELIMINATE AN EQUALIZATION FORMULA AND PROVIDE EACH DISTRICT WITH FISCAL AUTONOMY; AND TO SPECIFY THE MANNER IN WHICH THE EQUALIZATION FORMULA APPLIES TO PREVIOUS TAX YEARS.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. L. Cox Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hardee Harris Hartnett Hayes Henegan Herbkersman Hewitt Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan Moss Murphy B. Newton Nutt O'Neal Oremus Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Thigpen Vaughan Weeks West Wetmore White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5376 (Word version) -- Reps. Williams, Henegan, Yow, Mitchell, Alexander, Jordan, Lowe, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Willis and Wooten: A HOUSE RESOLUTION TO EXPRESS THE BELIEF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY; TO CONGRATULATE THE DARLINGTON RACEWAY FOR THE CONTINUATION OF A SECOND RACE IN ITS SCHEDULE, THEREBY DOUBLING THE ECONOMIC IMPACT TO THE STATE OF SOUTH CAROLINA; TO HIGHLIGHT THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS; TO SPOTLIGHT SOUTH CAROLINA'S RICH NASCAR HISTORY; AND TO NAME THE WEEKS AROUND BOTH RACES, THE OFFICIAL THROWBACK WEEKEND OF NASCAR, MAY 6 THROUGH MAY 12, 2024, AND THE TRADITIONAL LABOR DAY WEEKEND, AUGUST 26 THROUGH SEPTEMBER 1, 2024, AS "DARLINGTON RACEWAY WEEK," TWO WEEKS TOO TOUGH TO TAME.
The following was introduced:
H. 5377 (Word version) -- Reps. Erickson, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, , Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF SCOTT WILLIAM DUCHESNEAU OF BEAUFORT COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5378 (Word version) -- Reps. Thigpen, Howard, Garvin, Bernstein, Bauer, McDaniel and Rutherford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF UNITED STATES HIGHWAY 21 (WILSON BOULEVARD) FROM STATE ROAD S-910 (PLUMBERS ROAD) TO ITS INTERSECTION WITH STATE ROAD S-130 (SHARPE ROAD) IN RICHLAND COUNTY "JAMES AND BARBARA MCLAWHORN BOULEVARD" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was taken up:
H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams, Jefferson and : A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4561 (Word version) (LC-4561.HA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 8-13-1348(A)(1), (2), (3), and (4) and inserting:
(A)(1) No candidate, committee, public official, or political party may use campaign funds to defray personal expenses which are unrelated to the campaign or the office if the candidate is an officeholder nor may these funds be converted to personal use. The prohibition of this subsection does not extend to:
(a) the incidental personal use of campaign materials or equipment; nor to
(b) an expenditure used to defray any ordinary expenses incurred in connection with an individual's duties as a holder of elective office;
(c) an expenditure used to defray dependent care expenses incurred in connection with a candidate's campaign for the time in which the candidate is engaging in campaign activity and the expenses would not exist in the absence of the campaign; or
(d) an expenditure used to defray dependent care expenses incurred in connection with a public official's duties for his or her public office and the expenses would not exist in the absence of the public official carrying out these duties. (2)(a) For purposes of subsections (A)(1)(c) and (A)(1)(d), "dependent care" means the direct care, protection, and supervision of an immediate family member that is either a minor or that has a disability or medical condition for whom the candidate or the public official has direct caregiving responsibility. In addition, campaign funds may only be used to defray dependent care expenses if the dependent care is given by a provider that is licensed in this State to provide the type of care needed by the candidate's or public official's immediate family member. However, a non-licensed provider may be used if no licensed provider is available so long as the dependent care is not being provided by a family member, as defined by Section 8-13-1300(14).
(b) For purposes of subsections (A)(1)(c) and (A)(1)(d), a record of the time, date, and location of the campaign or official duty must be kept for four years and made available to the State Ethics Commission upon request.
Renumber sections to conform.
Amend title to conform.
Rep. JORDAN explained the amendment.
Rep. KING spoke in favor of the amendment.
Rep. A. M. MORGAN spoke against the amendment.
Rep. A. M. MORGAN spoke against the amendment.
The amendment was then adopted by a division vote of 57 to 46.
Reps. W. Newton and Jordan proposed the following Amendment No. 3 to H. 4561 (Word version) (LC-4561.HA0003H)
Amend the bill, as and if amended, SECTION 1, by striking Section 8-13-1348(A)(d) and inserting:
(d) an expenditure used to defray dependent care expenses incurred in connection with a public official's duties for his or her public office and the expenses would not exist in the absence of the public official carrying out these duties; however, for full-time public officials, the dependent care expenses must be incurred outside of the public official's normal working hours.
Renumber sections to conform.
Amend title to conform.
Rep. W. NEWTON explained the amendment.
Rep. W. NEWTON continued speaking.
Further proceedings were interrupted by the time expiring on the uncontested calendar. the pending question being consideration of Amendment No. 3.
Rep. JEFFERSON moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3:
H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams, Jefferson and : A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".
Reps. W. Newton and Jordan proposedd the following Amendment No. 3o H. 4561 (Word version) (LC-4561.HA0003H)
Amend the bill, as and if amended, SECTION 1, by striking Section 8-13-1348(A)(d) and inserting:
(d) an expenditure used to defray dependent care expenses incurred in connection with a public official's duties for his or her public office and the expenses would not exist in the absence of the public official carrying out these duties; however, for full-time public officials, the dependent care expenses must be incurred outside of the public official's normal working hours.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
The amendment was then adopted.
Reps. Guffey and Sessions proposed the following Amendment No. 4 to H. 4561 (Word version) (LC-4561.WAB0005H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 7, Chapter 13, Title 8 of the S.C. Code is amended by adding:
Section 8-13-746. (A) A member of the General Assembly or an individual with whom he is associated or business with which he is associated must not provide any assistance, directly or indirectly, to another candidate in furtherance of his candidacy for the General Assembly for compensation or anything of value. This prohibition does not apply to a member of the General Assembly who makes a public appearance of support for another candidate for the General Assembly, so long as no compensation or anything of value is offered or given in exchange for the assistance.
(B) If a member of the General Assembly or an individual with whom he is associated or business with which he is associated has previously provided any assistance, directly or indirectly, to a candidate in violation of subsection (A) and that candidate becomes a member of the General Assembly, the member who provided assistance must abstain from voting on legislation in which the former candidate sponsors or cosponsors and must comply with the recusal requirements of Section 8-13-700(B) for the duration of the two-year legislative session.
(C) In addition to any other available remedy at law, a person who violates this section must pay in the state's General Fund the fair market value of the services provided in violation of this section.
Renumber sections to conform.
Amend title to conform.
Rep. SESSIONS explained the amendment.
Rep. PACE raised the Rule 9.3 Point of Order that Amendment No. 4 was not germane to H. 4561 (Word version).
Rep. CASKEY argued against the Point of Order.
Rep. Gatch argued against the Point of Order.
SPEAKER PRO TEMPORE POPE took the Point of Order under advisement and stated that he would rule upon the Point of Order.
Rep. SESSIONS continued speaking.
Further proceedings were interrupted by the time expiring on the uncontested calendar the pending question being the consideration of Amendment No. 4.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4:
H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams, Jefferson and : A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".
Reps. Guffey and Sessions proposed the following Amendment No. 4 on H. 4561 (Word version) (LC-4561.WAB0005H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 7, Chapter 13, Title 8 of the S.C. Code is amended by adding:
Section 8-13-746. (A) A member of the General Assembly or an individual with whom he is associated or business with which he is associated must not provide any assistance, directly or indirectly, to another candidate in furtherance of his candidacy for the General Assembly for compensation or anything of value. This prohibition does not apply to a member of the General Assembly who makes a public appearance of support for another candidate for the General Assembly, so long as no compensation or anything of value is offered or given in exchange for the assistance.
(B) If a member of the General Assembly or an individual with whom he is associated or business with which he is associated has previously provided any assistance, directly or indirectly, to a candidate in violation of subsection (A) and that candidate becomes a member of the General Assembly, the member who provided assistance must abstain from voting on legislation in which the former candidate sponsors or cosponsors and must comply with the recusal requirements of Section 8-13-700(B) for the duration of the two-year legislative session.
(C) In addition to any other available remedy at law, a person who violates this section must pay in the state's General Fund the fair market value of the services provided in violation of this section.
Renumber sections to conform.
Amend title to conform.
Rep. SESSIONS spoke in favor of the amendment.
The SPEAKER PRO TEMPORE took the chair and stated that he had to look at the Bill's intent and the Amendment No. 4's intent in determining germaneness. He stated that Bill 4561 focused on the issue of using campaign funds for dependent care and that Amendment No. 4 pertained to a member of the General Assembly providing campaign services to another legislator for compensation or anything of value. He stated the Amendment's impact went beyond the scope of the Bill. He sustained the Point of Order and ruled Amendment No. 4 to be out of order.
Rep. HIOTT moved that the House recede until 3:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being the consideration of amendments.
At 3:45 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the consideration of amendments to H. 4561 (Word version).
Rep. HOWARD moved that the House recur to the morning hour, which was agreed to.
The SPEAKER granted Rep. YOW a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams, Jefferson and : A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".
Reps. HIOTT, CARTER, MCCRAVY, FELDER, O'NEAL, LIGON, T. MOORE, GUEST, B. L. COX, DAVIS, LAWSON, HARRIS, MAGNUSON, OREMUS, BEACH, THAYER, CHAPMAN, CROMER, WHITE, GILLIAM, BREWER, MURPHY, WHITMIRE, SANDIFER and CALHOON requested debate on the Bill.
The following Bill was taken up:
H. 4248 (Word version) -- Reps. Rose and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-4-50, RELATING TO THE SALE OF BEER, ALE, PORTER, OR WINE TO UNDERAGED PERSONS, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE; AND BY AMENDING SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO AN UNDERAGED PERSON, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE.
Reps. W. NEWTON, HIOTT, POPE, FELDER, CARTER, NUTT, GUEST, BRITTAIN, SCHUESSLER, B. L. COX, THAYER, WHITMIRE, SANDIFER, GILLIAM and HAGER requested debate on the Bill.
The following Bill was taken up:
H. 5113 (Word version) -- Reps. Elliott, T. Moore, Guest, Brittain and Crawford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-3-30 AND 63-15-230, BOTH RELATING TO JOINT CUSTODY ORDERS, SO AS TO CLARIFY THAT THERE IS NO REQUIREMENT FOR EXCEPTIONAL CIRCUMSTANCES TO AWARD JOINT CUSTODY IN A CHILD CUSTODY PROCEEDING.
Rep. W. NEWTON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up: H. 3180 (Word version) -- Reps. Rutherford and Kilmartin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-41-30, RELATING TO PROPERTY EXEMPT FROM ATTACHMENT, LEVY, AND SALE, SO AS TO PROVIDE THAT A DEBTOR'S INTEREST IN REAL PROPERTY USED AS A PRIMARY RESIDENCE MAY NOT BE SOLD IF THE ACTION WAS INSTITUTED BY A HOMEOWNERS ASSOCIATION ATTEMPTING TO COLLECT UNPAID DUES, FEES, OR FINES; BY AMENDING SECTION 27-30-130, RELATING TO THE ENFORCEABILITY OF A HOMEOWNERS ASSOCIATION'S GOVERNING DOCUMENTS, SO AS TO PROHIBIT THE ENFORCEABILITY OF A PROVISION GRANTING A HOMEOWNERS ASSOCIATION THE AUTHORITY TO FORECLOSE ON PROPERTY; AND BY ADDING SECTION 29-3-810 SO AS TO PROHIBIT A FORECLOSURE ACTION NOT AUTHORIZED BY STATUTE.
Rep. Pope proposed the following Amendment No. 2 to H. 3180 (Word version) (LC-3180.CM0005H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 30, Title 27 of the S.C. Code is amended by adding:
Section 27-30-180. Notwithstanding any other provision of law, any provision of a governing document which restricts a constitutional right of a lot owner or a person residing in a residential planned community is void.
Renumber sections to conform.
Amend title to conform.
Rep. POPE spoke in favor of the amendment.
Rep. POPE moved to table the amendment, which was agreed to.
Rep. A. M. Morgan proposed the following Amendment No. 3 to H. 3180 (Word version) (LC-3180.HA0006H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 13, Chapter 13, Title 8 of the S.C. Code is amended by adding:
Section 8-13-1317. A legislative caucus or special legislative caucus may not violate a member of the General Assembly's constitutional rights.
Renumber sections to conform.
Amend title to conform.
Rep. A. M. MORGAN explained the amendment. Rep. A. M. MORGAN moved to table the amendment, which was agreed to.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Haddon Hager Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4843 (Word version) -- Reps. Bailey, Brittain, Guest, J. E. Johnson, Sandifer and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 48-39-148 SO AS TO AUTHORIZE BUSINESSES WITH A DECK, DOCK, OR OTHER STRUCTURE LOCATED IN A CRITICAL AREA TO USE THE STRUCTURE FOR PURPOSES DIRECTLY RELATED TO OPERATION OF THE BUSINESS WITH LOCAL ZONING APPROVAL.
ILL NO: H. 4843 (Word version) (Reference is to the original version)
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4843 (Word version) (LC-4843.WAB0001H)
Amend the bill, as and if amended, SECTION 1, by striking Section 48-39-148 and inserting:
Section 48-39-148. Notwithstanding any statutory or regulatory provision of law to the contrary, including any provision of or authorized by this chapter, a business that contains a deck, dock, or structure that is located in a critical area may utilize such deck, dock, or structure for purposes that directly relate to the operation of the business.
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER moved to adjourn debate on the amendment, which was agreed to.
Rep. Bailey proposed the following Amendment No. 2 to H. 4843 (Word version) (LC-4843.VR0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 48-39-148 and inserting:
Section 48-39-148. Notwithstanding any statutory or regulatory provision of law to the contrary, including any provision of or authorized by this chapter, a business that contains a grandfathered or permitted commercial deck or marina that is located in a critical area may utilize such structure for purposes of providing food and beverage services for consumption by patrons of the business.
Renumber sections to conform.
Amend title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1o H. 4843 (Word version) (LC-4843.WAB0001H)
Amend the bill, as and if amended, SECTION 1, by striking Section 48-39-148 and inserting:
Section 48-39-148. Notwithstanding any statutory or regulatory provision of law to the contrary, including any provision of or authorized by this chapter, a business that contains a deck, dock, or structure that is located in a critical area may utilize such deck, dock, or structure for purposes that directly relate to the operation of the business.
Renumber sections to conform.
Amend title to conform.
Rep. SANDIFER moved to table the amendment, which was agreed to.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson S. Jones Jordan Kilmartin King Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan West Wetmore White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5144 (Word version) -- Reps. B. J. Cox, Elliott, Wooten and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-5-105 SO AS TO CREATE THE SCHOOL MAPPING DATA PROGRAM WITHIN THE STATE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF FACILITATING EFFICIENT EMERGENCY RESPONSES IN PUBLIC SCHOOLS BY PUBLIC SAFETY AGENCIES, TO DEFINE NECESSARY TERMS, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ITS IMPLEMENTATION BY THE DEPARTMENT, AND TO PROVIDE RELATED REQUIREMENTS OF SCHOOL DISTRICTS.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 5144 (Word version) (LC-5144.WAB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-5-105(B)(1) and (2) and inserting:
(B)(1) To facilitate efficient emergency responses in public schools by public safety agencies in this State, the School Mapping Data Program is established as a statewide initiative within the State Department of Education. Subject to funding, the department shall contract with a vendor to provide school mapping data for each public school in the State, including charter schools and special schools. The data must be provided to each school district and charter school authorizer for the schools within their respective jurisdictions, local law enforcement agencies, and public safety agencies for use in response to emergencies. For purposes of this section, emergencies include, but are not limited to, any event in which a law enforcement officer, firefighter, rescue squad, emergency medical service provider, public safety telecommunicator, or any other emergency management provider may respond.
(2) In addition to requirements set forth by the Department and in consultation with the Center for School Safety and Targeted Violence within the State Law Enforcement Division, school mapping data must:
(a) be compatible with software platforms used by local, county, state, and federal public safety agencies that provide emergency services to the specific school for which the data is provided without requiring such agencies to purchase additional software or requiring a fee to view or access the data; (b) be compatible with security software platforms in use by the specific school for which the data is provided without requiring the local law enforcement agencies or school districts to purchase additional software or requiring a fee to view or access the data; and
(c) provide that any updates to school mapping data as defined by this section must be accessible within software platforms used by local, county, state, and federal public safety agencies that provide emergency services to the specific school.
Amend the bill further, SECTION 1, by striking Section 59-5-105(C) and inserting:
(C) School districts and charter schools must pay annual maintenance fees to update their school maps to ensure the school floor plans and aerial imagery are accurate and up to date. If the annual maintenance fee exceeds six hundred fifty dollars per school and the district or charter cannot afford the fee, the district or charter school shall submit a request to the State Superintendent of Education that state funds be requested of the General Assembly to cover the fees.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
The amendment was then adopted.
Rep. Erickson proposed the following Amendment No. 2 to H. 5144 (Word version) (LC-5144.WAB0003H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-5-105(C) and inserting:
(C) The State Department of Education must pay annual maintenance fees to update school maps to ensure the floor plans and aerial imagery are accurate and up-to-date.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore White Whitmire Williams Willis Wooten
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5236 (Word version) -- Reps. Bannister and Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-6-50, RELATING TO RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES OR A SUCCESSOR AGENCY, SO AS TO MAKE CERTAIN CHANGES CONCERNING MEDICAID CLAIMS PROCESSING CONTRACTS.
Rep. Ott proposed the following Amendment No. 1 to H. 5236 (Word version) (LC-5236.HA0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 6, Title 44 of the S.C. Code is amended by adding:
Section 44-6-120. Beginning January 1, 2024, an adult sixty-five years of age and younger whose income is at or below one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, is eligible for Medicaid as provided for in the "Patient Protection and Affordable Care Act" (P.L. No. 111-148), and amendments to that act.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. HERBKERSMAN raised the Point of Order that Amendment No. 1 was not germane to the Bill.
The SPEAKER stated that the substantial effect of the Bill gave the successor agency of HHS the authority to procure services through a contractual process. The Amendment expanded Medicaid and went beyond the scope of the Bill. He sustained the Point of Order.
Rep. COBB-HUNTER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 5235 (Word version) -- Reps. Bannister and Herbkersman: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 43-7-465, RELATING TO INSURERS PROVIDING COVERAGE TO PERSONS RECEIVING MEDICAID, SO AS TO COMPORT WITH THE FEDERAL CONSOLIDATED APPROPRIATIONS ACT OF 2022.
Rep. COBB-HUNTER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt Oremus Ott Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: H. 5230 (Word version) -- Rep. Wooten: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-8-10, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE THE ATTORNEY GENERAL OF THIS STATE IN THE DEFINITION OF "SOLICITOR" AND TO MAKE THE NECESSARY PROVISIONS FOR THE ATTORNEY GENERAL TO BECOME A MEMBER OF THE SYSTEM; AND BY AMENDING SECTION 9-8-40, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW THE ATTORNEY GENERAL SERVING ON JULY 1, 2024, TO ELECT TO BECOME A MEMBER.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 5230 (Word version) (LC-5230.SA0005H), which was adopted:
Amend the bill, as and if amended, SECTION 2, Section 9-8-40(1), by adding an item to read:
(b) All full-time masters-in-equity on July 1, 2024, who have not retired may elect to become a member of the system. Masters-in-equity making that election may transfer prior service into the system as provided in Section 9-8-50, and to the extent the service thus transferred occurred after the member took office as a master-in-equity, that service is deemed earned service in the system.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Section 9-8-10(16) of the S.C. Code is amended to read:
(16) "Judge" means a justice of the Supreme Court or a judge of the court of appeals, circuit or family court of the State of South Carolina. Subject to the provisions of Section 9-8-40, "judge" also means an administrative law judge or a full-time master-in-equity.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. Rutherford proposed the following Amendment No. 2 to H. 5230 (Word version) (LC-5230.SA0012H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Chapter 9, Title 9 of the S.C. Code is amended by adding:
Section 9-9-6. (A) Notwithstanding the provisions of Section 9-9-5, an individual first elected to the General Assembly at or after the general election of 2024, upon his election, may elect to become a member of the Retirement System for Members of the General Assembly as provided in this chapter as if the provisions of that section had never been enacted, the South Carolina Retirement System, or the State Optional Retirement Program. For purposes of this subsection "first elected" means an individual who became a member of the General Assembly for the first time at or after the general election of 2024 and had no prior service in the General Assembly.
(B) Notwithstanding the provisions of Section 9-9-5, an individual first elected to the General Assembly at or after the general election of 2012 may elect to become a member of the Retirement System for Members of the General Assembly as provided in this chapter as if the provisions of that section had never been enacted. For purposes of this section "first elected" means an individual who became a member of the General Assembly for the first time at or after the general election of 2012 and had no prior service in the General Assembly.
(C) A member of the General Assembly earning service credit in the South Carolina Retirement System or making contributions to the State Optional Retirement Program pursuant to the then applicable provisions of Section 9-9-5(A) and (B) irrevocably may elect to become a member of the Retirement System for Members of the General Assembly. A member making the election allowed by this item may establish as credited service in GARS the time the member served in the General Assembly as an active contributing member of the South Carolina Retirement System or who made contributions to the State Optional Retirement Program on account of the service.
(D) Service credit in the Retirement System for Members of the General Assembly pursuant to the provisions this section may be established as provided in Section 9-9-50(2) and a member may transfer the balance of the member's South Carolina Retirement System or State Optional Retirement Program contributions plus interest attributable to the service to GARS as a credit against the amount otherwise due GARS.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. PACE raised the Rule 9.3 Point of Order that Amendment No. 2 was not germane to H. 5230 (Word version).
Rep. RUTHERFORD argued contra.
The SPEAKER sustained the Point of Order and ruled Amendment No. 2 out of order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the consideration of amendments.
Rep. COBB-HUNTER moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
H. 5230 (Word version) -- Rep. Wooten: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-8-10, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE THE ATTORNEY GENERAL OF THIS STATE IN THE DEFINITION OF "SOLICITOR" AND TO MAKE THE NECESSARY PROVISIONS FOR THE ATTORNEY GENERAL TO BECOME A MEMBER OF THE SYSTEM; AND BY AMENDING SECTION 9-8-40, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW THE ATTORNEY GENERAL SERVING ON JULY 1, 2024, TO ELECT TO BECOME A MEMBER.
Rep. Caskey proposed the following Amendment No. 3 to H. 5230 (Word version) (LC-5230.SA0008H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 9-8-10(17) and inserting:
(17) "Solicitor" means the person holding office as described under Section 1-7-310 of the 1976 S.C. Code. Subject to the provisions of Section 9-8-40, beginning after the 2026 general election in this State, "solicitor" also means the Attorney General of this State as the chief prosecuting officer of the State. For all purposes of this chapter including, but not limited to, employer and employee contributions, calculation of a retirement or other benefits, and adjustment of benefits paid to a retiree or beneficiary, wherever mention is made of the salary of a circuit solicitor, in the case of the Attorney General of this State, the salary referred to is the higher of the salary provided by law for the Attorney General of this State or a circuit solicitor of this State.
Amend the bill further, SECTION 2, by striking Section 9-8-40(1)(b) and inserting:
(b) The Attorney General elected in the 2026 general election in this State may elect to become a member of the system. If the Attorney General makes that election, he may transfer prior service into the system as provided in Section 9-8-50, and to the extent the service thus transferred occurred after he took office as the Attorney General of this State, that service is deemed earned service in the system.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
The amendment was then adopted.
Reps. Wooten and Bannister proposed the following Amendment No. 4 to H. 5230 (Word version) (LC-5230.SA0009H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by deleting Section 9-8-40(1)(b).
Amend the bill further, SECTION 3, by striking Section 9-8-10(16) and inserting:
(16) "Judge" means a justice of the Supreme Court or a judge of the court of appeals, circuit or family court of the State of South Carolina. Subject to the provisions of Section 9-8-40, "judge" also means an administrative law judge.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. Article 1, Chapter 11, Title 9 of the S.C. Code is amended by adding:
Section 9-11-28. (A) After December 31, 2024, any person who is a full-time master-in-equity shall participate in the South Carolina Police Officers Retirement System for his service as a master-in-equity.
(B) From July 1, 2024, to January 1, 2025, a full-time master-in-equity who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect as of June 30, 2024, for each year of service prorated for periods of less than a year. After January 1, 2025, a master-in-equity may elect to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9).
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Brewer Brittain Burns Bustos Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Haddon Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton O'Neal Oremus Ott Pace Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten
Those who voted in the negative are:
Bradley
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. WILLIS a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 5310 (Word version) -- Reps. Murphy, G. M. Smith, Bannister, Brewer, Caskey, Gatch, Guest, J. E. Johnson, Mitchell, W. Newton, Robbins, Rose, Rutherford, Sandifer, Stavrinakis, West and Whitmire: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-220, RELATING TO PROPERTY TAX EXEMPTIONS SO AS TO EXEMPT A PORTION OF THE VALUE OF AIRCRAFT OF AN AIRLINE COMPANY; AND BY AMENDING SECTION 12-37-2440, RELATING TO THE VALUATION OF AIRCRAFT, SO AS TO SPECIFY THE MANNER IN WHICH TIME ON THE GROUND IS CALCULATED.
Rep. HEWITT moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up:
H. 4622 (Word version) -- Reps. Sessions, J. L. Johnson, Pope, Guffey, Mitchell, King and Hart: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-7-327 SO AS TO ESTABLISH CERTAIN REQUIREMENTS PERTAINING TO ITEMIZED PATIENT BILLING FOR HEALTH CARE SERVICES AND SUPPLIES.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to H. 4622 (Word version) (LC-4622.VR0001H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 3, Chapter 7, Title 44 of the S.C. Code is amended by adding:
Section 44-7-327. (A) For purposes of this section:
(1) "Debt collection" means an action, conduct, or practice in collecting, or in soliciting for collection, consumer debts that are due or alleged to be due a creditor.
(2) "Health care provider" means a hospital or ambulatory surgical facility as defined in S.C. Code Section 44-7-130.
(3) "Health care service" means a service a health care provider provides to an individual to diagnose, prevent, treat, alleviate, cure, or heal a human health condition, illness, injury, or disease.
(B)(1) Beginning January 1, 2025, a health care provider that requests payment from a patient after providing a health care service or related supply to the patient shall submit with the request a written, itemized bill of the alleged remittance sought for each service and supply provided to the patient during the patient's visit to the health care provider. The provider must submit the itemized bill no later than the thirtieth day after the provider receives a final payment on the provided service or supply from a third party.
(2) The itemized bill must include:
(a) a plain language description, in accordance with the most current billing reading level requirements and guidance provided by the Centers for Medicare and Medicaid Services, for each distinct health care service and quantity of supply the health care provider provided to the patient; (b) the amount the provider alleges is due from the patient for each service and supply provided to the patient; and
(c) if the provider sought or is seeking reimbursement from a third party, any billing code submitted to the third party, and the patient's responsibility amount due to the provider pursuant the third party insurer's explanation of benefits. The third party insurer's explanation of benefits shall set forth a specific explanation of the patient's responsibility amount including, but not limited to, whether the amount is a deductible, coinsurance, or noncovered charges.
(3) A health care provider may issue the itemized bill electronically, including through a patient portal on the provider's Internet website.
(4) A patient is entitled to obtain from the health care provider an itemized bill on request at any time after the itemized bill is initially issued under item (1).
(5) A health care provider may not pursue debt collection against a patient for a provided health care service or supply unless the provider has complied with this section.
(6) A collection agency is not liable under this section for billing inaccuracies provided by the health care provider. If any inaccuracies are determined, the collection agency must cease collection activities and return the account back to the health care provider.
(C) The appropriate licensing authority shall take disciplinary action against the provider for the violation as if the provider violated an applicable licensing law.
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. M. M. SMITH explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Harris Hartnett Hayes Henegan Herbkersman Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 5179 (Word version) -- Reps. T. Moore and Hyde: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF EDUCATION TO NAME THE CONVERSE SCHOOL BUS MAINTENANCE SHOP IN SPARTANBURG COUNTY THE "DAVID T. BREWINGTON SCHOOL BUS MAINTENANCE CENTER", AND TO DIRECT THE DEPARTMENT TO INSTALL APPROPRIATE SIGNAGE CONTAINING THE WORDS "DAVID T. BREWINGTON SCHOOL BUS MAINTENANCE CENTER" AS THE DEPARTMENT CONSIDERS ADVISABLE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Harris Hartnett Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan Weeks Wetmore Wheeler White Whitmire Williams Wooten
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
Rep. MAGNUSON asked unanimous consent to recall H. 4246 (Word version) from the Committee on Judiciary.
Rep. COBB-HUNTER objected.
On motion of Rep. BAMBERG, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works: S. 1047 (Word version) -- Senator Hutto: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-53-610, RELATING TO DENMARK TECHNICAL COLLEGE AREA COMMISSION MEMBERS, SO AS TO PROVIDE THAT THE MANNER BY WHICH COMMISSIONERS ARE APPOINTED SHALL BE BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING ALLENDALE, BAMBERG, AND BARNWELL COUNTIES.
The Senate Amendments to the following Bill were taken up for consideration:
S. 557 (Word version) -- Senators M. Johnson, Peeler, Kimbrell, Adams, Rice, Rankin, Reichenbach, Young, Loftis, Climer, Garrett, Alexander, Campsen and Gustafson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-3477, RELATING TO THE APPRENTICE INCOME TAX CREDIT, SO AS TO INCREASE THE AMOUNT OF THE CREDIT AND THE NUMBER OF YEARS IN WHICH IT MAY BE CLAIMED.
Rep. HIOTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3992 (Word version) -- Reps. Blackwell, McGinnis, Sandifer, Ligon, Cromer, Magnuson, White, Pace and Burns: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 41-31-60, RELATING TO DELINQUENT UNEMPLOYMENT COMPENSATION TAX RATES, SO AS TO PERMIT EMPLOYERS WITH INSTALLMENT PAYMENT AGREEMENTS APPROVED BY THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE TO PAY THE TAX AT A REDUCED RATE, AND TO PROVIDE FOR THE AUTOMATIC REVERSION OF THIS RATE UPON FAILURE TO TIMELY COMPLY WITH THE PAYMENT AGREEMENT.
Rep. HIOTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The following Concurrent Resolution was taken up:
S. 479 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME CHALK STREET IN THE RICHLAND COUNTY TOWN OF EASTOVER FROM POULTRY LANE TO MAIN STREET "FREDDIE E. CAMPBELL, SR. MEMORIAL STREET" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
S. 988 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO AUTHORIZE AMERICAN LEGION AUXILIARY PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 14, 2024.
Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
S. 1037 (Word version) -- Senators Adams and Grooms: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ROYLE ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 17A/NORTH MAIN STREET TO ITS INTERSECTION WITH TREELAND DRIVE "WADE ARNETTE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY CONTAINING THESE WORDS.
Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
S. 1041 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF US HIGHWAY 17A IN BERKELEY COUNTY FROM ITS INTERSECTION WITH HARRISTOWN ROAD TO ITS INTERSECTION WITH HOODTOWN ROAD "REV. LARRY A. BRADBERRY HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
S. 1101 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 38 ALONG INTERSTATE HIGHWAY 95 IN HAMPTON COUNTY "MAJOR GENERAL ARNOLD FIELDS INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
S. 1163 (Word version) -- Senators Campsen, Grooms and Adams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF HIGHWAY 703 AND THE INTERSECTION OF CHUCK DAWLEY BOULEVARD (I-526B) IN CHARLESTON COUNTY "DETECTIVE PAT MESSER MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION. Rep. HIOTT moved to adjourn debate on the Concurrent Resolution which was agreed to.
The following Concurrent Resolution was taken up:
H. 5314 (Word version) -- Reps. Haddon and Burns: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 (WHITE HORSE ROAD) AND SOUTH CAROLINA HIGHWAY 183 (SALUDA DAM ROAD) IN THE GREENVILLE COUNTY TOWN OF BEREA "HAROLD M. BATSON, JR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5323 (Word version) -- Reps. Yow, Henegan, Mitchell and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9/UNITED STATES HIGHWAY 601 FROM ITS INTERSECTION WITH STATE ROAD S-13-40 (HIGH POINT CHURCH ROAD) TO ITS INTERSECTION WITH STATE ROAD S-13-555 (ARANT STREET) IN CHESTERFIELD COUNTY "SSGT. JASON C. HICKS MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FORREST.
The following Bill was taken up:
H. 4187 (Word version) -- Reps. J. E. Johnson, W. Newton, Robbins, Haddon, Mitchell, Yow, Chapman, Gagnon, Ligon, O'Neal, B. Newton, Sessions, Felder, Blackwell, Oremus and Long: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-135, RELATING TO THE OFFENSE OF RETAIL THEFT AND ASSOCIATED PENALTIES, SO AS TO DEFINE NECESSARY TERMS, TO REVISE THE PREVIOUS OFFENSE OF RETAIL THEFT TO CREATE THE OFFENSES OF FELONY ORGANIZED RETAIL CRIME AND FELONY ORGANIZED RETAIL CRIME OF AN AGGRAVATED NATURE, AND TO PROVIDE GRADUATED PENALTIES FOR THE OFFENSES.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4187 (Word version) (LC-4187.AHB0001H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 16-13-135 of the S.C. Code is amended to read:
Section 16-13-135. (A) As used in this section:
(1) "Organized retail crime" means two or more people conspiring to commit theft of retail property from a retail establishment with the intent to sell, barter, exchange, or reenter such retail property into commerce for monetary or other gain.
(2) "Retail property" means a new an article, merchandise, property, money or negotiable documents, including gift cards or other forms of credit, productproducts, commoditycommodities, itemitems, or componentcomponents intended to be sold in retail commerce.
(2) (3) "Retail property fence" means a person or business that buys retail property knowing or believing that the retail property is stolen.
(3) (4) "Theft" means to take possession of, carry away, transfer, or cause to be carried away the retail property of another with the intent to stealdeprive the merchant of possession, use, benefit, and value of the retail property.
(4) (5) "Value" means the retail value of an item as offered for sale to the public by the affected retail establishment and includes all applicable taxes.
(B) It is unlawful for a person to:
(1) commit theft of retail property from a retail establishmentorganized retail crime, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to sell the retail property for monetary or other gain, and sell, barter, take, or cause the retail property to be placed in the control of a retail property fence or other person in exchange for consideration; or
conspire with another person to commit theft of retail property from a retail establishment, with a value exceeding two thousand dollars aggregated over a ninety-day period, with the intent to:
sell, barter, or exchange the retail property for monetary or other gain; or
(b) place the retail property in the control of a retail property fence or other person in exchange for consideration; or
(3)(2) receive, possess, or sell retail property that has been taken or stolen in violation of item (1) or (2) while knowing or having reasonable grounds to believe the property is stolen. A person is guilty of this offense whether or not anyone is convicted of the property theft.
(C) Acts committed in different counties that have been aggregated in one count may be indicted and prosecuted in any one of the counties in which the acts occurred. In a prosecution for a violation of this section, the State is not required to establish and it is not a defense that some of the acts constituting the crime did not occur within one city, county, or local jurisdiction.
(D) Property, funds, and interest a person has acquired or maintained in violation of this section are subject to forfeiture pursuant to the procedures for forfeiture as provided in Section 44-53-530.
(E) A person who violates this section commits the felony offense of organized retail crime and, upon conviction:
(1) for a first offense:
(a) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years, or both;, if the value of the retail property is more than two thousand dollars but less than ten thousand dollars and;
(b) must be fined not more than ten thousand dollars or imprisoned for not more than five years, or both, if the value of the retail property is more than ten thousand dollars but less than twenty thousand dollars;
(c) must be fined not more than twenty thousand dollars or imprisoned for not more than ten years, or both, if the value of the retail property is more than twenty thousand dollars but less than fifty thousand dollars; (d) must be fined not more than fifty thousand dollars or imprisoned for not more than twenty years, or both, if the value of the retail property is more than fifty thousand dollars;
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, regardless of the value of the retail property in any offense, must be fined not more than tenfifty thousand dollars or imprisoned for not more than twenty years, or both.
(3) For purposes of this section, multiple offenses occurring within a ninety-day period may be aggregated into a single count with the aggregated value used to determine the total value of the property.
(4) Organized retail crime is a lesser-included offense of organized retail crime of an aggravated nature as provided in subsection (F).
(F)(1) A person commits the offense of organized retail crime of an aggravated nature if, while committing the offense of organized retail crime, the person wilfully and maliciously:
(a) damages, destroys, or defaces real or personal property in excess of two thousand dollars; or
(b) causes unlawful bodily injury to another person. "Bodily injury" has the same meaning as defined in Section 16-3-600.
(2) A person convicted of organized retail crime of an aggravated nature is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than fifteen years, or both.
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. J. E. JOHNSON spoke in favor of the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. RUTHERFORD spoke against the amendment.
The SPEAKER granted Rep. OTT a leave of absence for the remainder of the day.
Rep. RUTHERFORD continued speaking.
The amendment was then adopted.
Rep. J. E. JOHNSON explained the Bill.
Rep. RUTHERFORD spoke against the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Connell B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Harris Hartnett Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Vaughan West Wetmore White Whitmire Wooten
Those who voted in the negative are:
Bamberg Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson King Kirby McDaniel J. Moore Pendarvis Rivers Rose Rutherford Wheeler Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4561 (Word version) -- Reps. Wetmore, Dillard, Collins, Erickson, B. Newton, Schuessler, J. L. Johnson, Pope, Clyburn, Henegan, Pendarvis, Caskey, Bauer, Rivers, Gilliard, Henderson-Myers, Williams, Jefferson and : A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-13-1348, RELATING TO USE OF CAMPAIGN FUNDS FOR PERSONAL EXPENSES, SO AS TO ALLOW A CANDIDATE OR PUBLIC OFFICIAL TO USE CAMPAIGN FUNDS FOR DEPENDENT CARE OF AN IMMEDIATE FAMILY MEMBER IN CERTAIN CIRCUMSTANCES AND TO DEFINE "DEPENDENT CARE".
Rep. A. M. Morgan proposed the following Amendment No. 5 to H. 4561 (Word version) (LC-4561.SA0006H), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 13, Title 8 of the S.C. Code is amended by adding:
Section 8-13-1349. A candidate or public official is prohibited from using campaign funds for dependent care. For purposes of this section, "dependent care" means the direct care, protection, and supervision of an immediate family member that is either a minor or that has a disability or medical condition for whom the candidate or the public official has direct caregiving responsibility. In addition, campaign funds may only be used to defray dependent care expenses if the dependent care is given by a provider that is licensed in this State to provide the type of care needed by the candidate's or public official's immediate family member.
SECTION 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Rep. A. M. MORGAN explained the amendment.
Rep. JORDAN moved to table the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Ballentine Bamberg Bannister Bauer Bernstein Bustos Carter Caskey Clyburn Cobb-Hunter Connell B. L. Cox Davis Dillard Gagnon Garvin Gatch Gibson Gilliard Guffey Hartnett Hayes Henegan Herbkersman Hewitt Hixon Hosey Howard Hyde Jefferson J. L. Johnson Jordan King Kirby Landing Lawson Ligon Lowe McDaniel J. Moore Neese B. Newton W. Newton Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Schuessler G. M. Smith M. M. Smith Stavrinakis Wetmore Wheeler Williams Wooten
Those who voted in the negative are:
Bailey Beach Blackwell Burns Chumley Crawford Cromer Felder Forrest Gilliam Guest Haddon Harris Hiott J. E. Johnson S. Jones Kilmartin Leber Long Magnuson May McCabe McCravy McGinnis A. M. Morgan T. A. Morgan Moss O'Neal Oremus Pace Sandifer Sessions Taylor Thayer White Whitmire
So, the amendment was tabled.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Ballentine Bamberg Bannister Bauer Bernstein Bustos Caskey Clyburn Cobb-Hunter Collins B. L. Cox Dillard Elliott Garvin Gatch Gilliard Guffey Hartnett Hayes Henegan Herbkersman Hosey Howard Hyde Jefferson J. L. Johnson Jordan King Kirby Landing Lowe McDaniel J. Moore Neese B. Newton W. Newton Pendarvis Pope Rivers Robbins Rose Rutherford Sessions G. M. Smith M. M. Smith Stavrinakis Weeks Wetmore Wheeler Williams Wooten
Those who voted in the negative are:
Bailey Beach Blackwell Burns Carter Chapman Chumley Crawford Cromer Davis Felder Forrest Gagnon Gibson Gilliam Guest Haddon Harris Hiott Hixon J. E. Johnson S. Jones Kilmartin Leber Ligon Long Magnuson May McCabe McCravy McGinnis A. M. Morgan T. A. Morgan Moss Nutt O'Neal Oremus Pace Pedalino Sandifer Taylor Thayer West White Whitmire
So, the Bill, as amended, was read the second time and ordered to third reading.
I abstained on the votes for H. 4561 (Word version) so as to ensure my noted neutrality on this issue.
The following Bill was taken up:
H. 4248 (Word version) -- Reps. Rose and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 61-4-50, RELATING TO THE SALE OF BEER, ALE, PORTER, OR WINE TO UNDERAGED PERSONS, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE; AND BY AMENDING SECTION 61-6-4080, RELATING TO THE SALE OF ALCOHOLIC LIQUORS TO AN UNDERAGED PERSON, SO AS TO PROVIDE FOR A CONDITIONAL DISCHARGE.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 4248 (Word version) (LC-4248.SA0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 61-4-50(D)(1) and (2) and inserting:
(1) Whenever any person who has not previously been convicted of any offense under this section, pleads guilty to or is found guilty of a sale in violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires provided that one such condition must be that he complete the merchant education program described in subsection (C). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section must be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this section. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of the person and discharge of the proceedings against him pursuant to item (1), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained as provided in item (1), all recordation relating to his arrest, indictment or information, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after the hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose. A conditional discharge granted pursuant to this section does not preclude a person from availing themselves of subsequent pre-trial diversion options provided by law.
Amend the bill further, SECTION 2, by striking Section 61-6-4080(D)(1) and (2) and inserting:
(1) Whenever any person who has not previously been convicted of any offense under this section, pleads guilty to or is found guilty of a sale in violation of this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires provided that one such condition must be that he complete the merchant education program described in subsection (C). Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section must be without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense under this section. Discharge and dismissal under this section may occur only once with respect to any person.
(2) Upon the dismissal of the person and discharge of the proceedings against him pursuant to item (1), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained as provided in item (1), all recordation relating to his arrest, indictment or information, trial, finding of guilt, and dismissal and discharge pursuant to this section. If the court determines, after the hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose. A conditional discharge granted pursuant to this section does not preclude a person from availing themselves of subsequent pre-trial diversion options provided by law.
Renumber sections to conform.
Amend title to conform.
Rep. ROBBINS explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Calhoon Carter Caskey Clyburn Cobb-Hunter Collins Connell B. L. Cox Davis Dillard Elliott Erickson Forrest Gagnon Garvin Gatch Gibson Gilliard Guest Guffey Harris Hartnett Henegan Herbkersman Hewitt Hosey Howard Hyde Jefferson J. L. Johnson Jordan Kilmartin King Kirby Lawson Leber Lowe Magnuson McDaniel McGinnis Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton O'Neal Pace Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor West Wetmore Wheeler Williams Wooten
Those who voted in the negative are:
Burns Bustos Chumley Crawford Cromer Felder Gilliam Haddon Hayes Hiott Hixon S. Jones Landing Ligon Long McCabe McCravy Moss Nutt Oremus Pedalino White Whitmire
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following: H. 4288 (Word version) -- Reps. Erickson, McGinnis, Ballentine, Alexander, Anderson, Atkinson, Bailey, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 19, 2023, AS "SOUTH CAROLINA HIGHER EDUCATION DAY."
At 5:39 p.m. the House, in accordance with the motion of Rep. MOSS, adjourned in memory of former Representative V. Stephen "Steve" Moss, to meet at 10:00 a.m. tomorrow.
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