NO. 13
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Genesis 1:1
As we all doubtless recall, the beginning of Genesis reads: "In the beginning God created the heavens and the earth."
Please bow with me as we pray: O gracious God, Creator Supreme, we pray today that You will hold fast to and lead these Senators and their hard-working staff members. Give each of these servants the zeal and the wisdom to honor You through every aspect of the work they do here in this place. Especially, may they be unfailingly open to Your guidance and to Your will as they strive to create and accomplish what is the very best for every South Carolinian. And as always, we call upon You to be with our women and men in uniform serving in so many places, those close to home and those far away. Indeed, dear Lord, may all of us, whatever our role, be known as those who do our very best to honor You in every task we undertake. All this we pray in Your loving name, O Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator SETZLER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Devine Fanning Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Johnson, Kevin Johnson, Michael Malloy Martin Massey McElveen Peeler Reichenbach Rice Sabb Setzler Shealy Stephens Turner Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Reappointment, Director of Department of Public Safety, with the term to commence February 1, 2024, and to expire February 1, 2028
Robert G. Woods IV, Director, South Carolina Department of Public Safety, PO Box 1993, Blythewood, SC 29016-1993
Referred to the Committee on Judiciary.
Initial Appointment, South Carolina Department of Transportation Commission, with the term to commence February 15, 2020, and to expire February 15, 2024
5th Congressional District:
Curtis M. Spencer, American Forest Management / AMF Real Estate
732 Mattison Ave., Sumter, SC 29150-3108 VICE David Branham, Sr.
Referred to the Committee on Transportation.
The following appointment was transmitted by the South Carolina Department of Transportation Commission:
Initial Appointment, Secretary of Department of Transportation
Justin P. Powell, 508 Carole Lane, Lexington, SC 29072 VICE Christy A. Hall
Referred to the Committee on Transportation.
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Kenneth Wayne Luther, Jr., 570 Water Turkey Retreat, Charleston, SC 29412-9047 VICE Thomas E. Lynn
Initial Appointment, Kershaw County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Herbert Clay Carruth III, 304 B Kirkwood Lane, Camden, SC 29020 VICE Donnie Alan Trapp
Senator MALLOY introduced Dr. Gerald Wilson of Columbia, S.C., Doctor of the Day.
On motion of Senator WILLIAMS, at 12:05 P.M., Senator ALLEN was granted a leave of absence until 1:00 P.M.
On motion of Senator McELVEEN, at 12:05 P.M., Senator TEDDER was granted a leave of absence until 1:30 P.M.
At 12:22 P.M., Senator GROOMS requested a leave of absence for the balance of the day.
On motion of Senator MATTHEWS, at 3:47 P.M., Senator STEPHENS was granted a leave of absence for the balance of the day.
On motion of Senator McLEOD, at 3:47 P.M., Senator FANNING was granted a leave of absence for the balance of the day.
On motion of Senator K. JOHNSON, at 4:02 P.M., Senator McELVEEN was granted a leave of absence for the balance of the day.
The following co-sponsors were added to the respective Bills:
S. 538 (Word version) Sen. Grooms
S. 708 (Word version) Sen. Senn
S. 806 (Word version) Sen. Malloy
S. 915 (Word version) Sens. Young and Senn
S. 967 (Word version) Sen. M. Johnson
S. 995 (Word version) Sen. Devine
H. 4278 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME WOODVILLE ROAD IN FLORENCE COUNTY "BISHOP DONALD HYMAN ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD CONTAINING THESE WORDS.
Senator WILLIAMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 1001 (Word version) -- Senator Martin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 24-3-430, RELATING TO THE AUTHORIZATION OF INMATE LABOR IN PRIVATE INDUSTRY AND REQUIREMENTS AND CONDITIONS, SO AS TO PROVIDE THAT NO INMATE PARTICIPATING IN THE PROGRAM MAY EARN LESS THAN THE FEDERAL MINIMUM WAGE .
sr-0120jg24.docx
Read the first time and referred to the Committee on Corrections and Penology.
S. 1002 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO RECOGNIZE MAY 5-11, 2024, AS "TARDIVE DYSKINESIA AWARENESS WEEK" IN SOUTH CAROLINA.
sr-0531km-vc24.docx
The Senate Resolution was introduced and referred to the Committee on Medical Affairs.
S. 1003 (Word version) -- Senator Devine: A SENATE RESOLUTION TO HONOR BISHOP SIMEON A. MOULTRIE ON THE OCCASION OF HIS ELEVATION AND TO RECOGNIZE WEDNESDAY, JANUARY 31, 2024 AS "BISHOP SIMEON A. MOULTRIE DAY" IN SOUTH CAROLINA.
sr-0567km-hw24.docx
The Senate Resolution was adopted.
S. 1004 (Word version) -- Senator Allen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR REVEREND AARON T. BROWN, SR., AS HE IS INSTALLED AS THE PASTOR OF THE REEDY RIVER MISSIONARY BAPTIST CHURCH IN GREENVILLE AND TO WISH HIM GOD'S BLESSING AS HE MINISTERS TO GOD'S PEOPLE AND TO THE GREENVILLE COMMUNITY.
lc-0351dg-gm24.docx
The Senate Resolution was adopted.
H. 4967 (Word version) -- Reps. Erickson, McGinnis, 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, 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 CONCURRENT RESOLUTION TO CONGRATULATE THE FIFTY SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2024 ALL-STATE ACADEMIC TEAM BY THE PHI THETA KAPPA HONOR SOCIETY IN RECOGNITION OF THEIR SCHOLARLY ACCOMPLISHMENTS AND SERVICE TO THEIR COMMUNITIES.
lc-0585wab-wab24.docx
The Concurrent Resolution was adopted, ordered returned to the House.
The PRESIDENT ordered the following invitations placed on the Calendar:
Thursday, February 1, 2024 - 8:00 a.m. - 10:00 a.m.
Members, Breakfast, 112 Blatt Building, hosted by the ASSOCIATION OF PUBLIC SAFETY COMMUNICATIONS (APCO) AND THE NATIONAL EMERGENCY NUMBER ASSOCIATION (NENA)
Tuesday, February 6, 2024 - 5:30 p.m. - 7:00 p.m.
Members, Reception, Columbia Marriott, 1200 Hampton Street, hosted by the MUNICIPAL ASSOCIATION OF SOUTH CAROLINA
Tuesday, February 6, 2024 - 5:30 p.m. - 8:00 p.m.
Members and Staff, Reception, 701 Whaley Street, hosted by the SOUTH CAROLINA CONSERVATION COALITION
Wednesday, February 7, 2024 - 8:00 a.m. - 10:00 a.m.
Members and Staff, Breakfast, 112 Blatt Building, hosted by the AAA AUTO CLUB GROUP
Wednesday, February 7, 2024 - 11:30 a.m. - 2:00 p.m.
Members and Staff, Luncheon, 112 Blatt Building, hosted by the UNITED WAY ASSOCIATION OF SOUTH CAROLINA
Thursday, February 8, 2024 - 8:00 a.m. - 10:00 a.m.
Members, Breakfast, 112 Blatt Building, hosted by the SOUTH CAROLINA HISTORICAL SOCIETY
Thursday, February 8, 2024 - 11:30 a.m. - 2:00 p.m.
Members and Staff, Luncheon, State House Grounds, hosted by THE ELECTRIC COOPERATIVES OF SOUTH CAROLINA, INC.
Tuesday, February 13, 2024 - 5:30 p.m. - 7:30 p.m.
Members and Staff, Reception, University of South Carolina Alumni Center, hosted by the UNIVERSITY OF SOUTH CAROLINA AND THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION
Wednesday, February 14, 2024 - 8:00 a.m. - 10:00 p.m.
Members and Staff, Breakfast, 112 Blatt Building, hosted by SOUTH CAROLINA FIRST STEPS
Wednesday, February 14, 2024 - 11:30 a.m. - 2:00 p.m.
Members, Luncheon, 112 Blatt Building, hosted by the WIL LOU GRAY OPPORTUNITY SCHOOL
Thursday, February 15, 2024 - 8:00 a.m. - 10:00 a.m.
Members, Breakfast, 112 Blatt Building, hosted by the SOUTH CAROLINA ARTS ALLIANCE
Tuesday, February 20, 2024 - 5:00 p.m. - 7:00 p.m.
Members, Reception, Halls Chophouse, hosted by the NATIONAL ASSOCIATION OF INSURANCE AND FINANCIAL ADVISORS
Tuesday, February 20, 2024 - 5:00 p.m. - 7:00 p.m.
Members and Staff, Reception, The Palmetto Club, hosted by the SOUTH CAROLINA ASSOCIATION OF COUNTIES
Tuesday, February 20, 2024 - 5:30 p.m. - 7:30 p.m.
Members, Reception, Hunter Gatherer Brewery/Hangar, 1402 Jim Hamilton Boulevard hosted by the THE NATURE CONSERVANCY
Wednesday, February 21, 2024 - 8:00 a.m. - 10:00 a.m.
Members and Staff, Breakfast, 112 Blatt Building, hosted by the SC ASSOCIATION OF MUNICIPAL POWER SYSTEMS / PIEDMONT MUNICIPAL POWER AGENCY
Wednesday, February 21, 2024 - 5:00 p.m. - 7:30 p.m.
Members and Staff, Reception, 1208 Washington Place, hosted by the ASSOCIATION OF ABC STORES OF SOUTH CAROLINA
Wednesday, February 21, 2024 - 6:00 p.m. - 8:00 p.m.
Members and Staff, Reception, The Palmetto Club, hosted by the SOUTH CAROLINA CRAFT DISTILLERS GUILD
Tuesday, February 27, 2024 - 6:00 p.m. - 9:00 p.m.
Members and Staff, Reception, Columbia Convention Center, hosted by the MYRTLE BEACH AREA CHAMBER OF COMMERCE
Wednesday, February 28, 2024 - 8:00 a.m. - 10:00 a.m.
Members and Staff, Breakfast, 112 Blatt Building, hosted by THE SALVATION ARMY OF THE MIDLANDS
Wednesday, February 28, 2024 - 11:30 a.m. - 2:00 p.m.
Members, Luncheon, 112 Blatt Building, hosted by the INDEPENDENT BANKS OF SOUTH CAROLINA
Wednesday, February 28, 2024 - 6:00 p.m. - 8:00 p.m.
Members and Staff, Reception, The Hall at Senate's End, 320 Senate Street, hosted by CLEMSON UNIVERSITY, CLEMSON UNIVERSITY ALUMNI ASSOCIATION AND THE CLEMSON UNIVERSITY FOUNDATION
Thursday, February 29, 2024 - 8:00 a.m. - 10:00 a.m.
Members and Staff, Breakfast, 112 Blatt Building, hosted by the NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA, INC.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3518 (Word version) -- Reps. Felder and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-395, RELATING TO THE DRIVER'S LICENSE REINSTATEMENT FEE PAYMENT PROGRAM, SO AS TO PROVIDE THE DRIVERS' LICENSES ISSUED UNDER THIS PROGRAM ARE VALID FOR AN ADDITIONAL SIX MONTHS, TO REVISE THE AMOUNT OF REINSTATEMENT FEES OWED BY PERSONS TO BECOME ELIGIBLE TO OBTAIN THESE DRIVERS' LICENSES, TO REVISE THE DISTRIBUTION OF THE ADMINISTRATIVE FEES COLLECTED, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY PROVIDE PERSONS IN THE PROGRAM A FEE SCHEDULE OF THE AMOUNTS OWED AND THE ABILITY TO MAKE ONLINE PAYMENTS, TO REVISE THE TYPES OF DRIVERS' LICENSE SUSPENSIONS THAT ARE COVERED BY THIS SECTION, AND TO REVISE THE FREQUENCY THAT PERSONS MAY PARTICIPATE IN THE PROGRAM AND THE CONDITIONS FOR FUTURE PARTICIPATION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO LIMIT THE TYPES OF QUALIFYING SUSPENSIONS; BY AMENDING SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, NEW INSURANCE MUST BE OBTAINED OR PERSONS MUST SURRENDER THEIR REGISTRATION AND PLATES, WRITTEN NOTICE BY INSURERS, APPEAL OF SUSPENSIONS, ENFORCEMENT, AND PENALTIES, SO AS TO REVISE THE PERIOD OF TIME VEHICLE OWNERS MUST SURRENDER MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES FOR CERTAIN UNINSURED MOTOR VEHICLES, TO DELETE THE PROVISION THAT GIVES THE DEPARTMENT OF MOTOR VEHICLES DISCRETION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATE METHODS OF PROVIDING CERTAIN NOTICES TO THE DEPARTMENT, TO DELETE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO APPEAL CERTAIN SUSPENSIONS TO THE DEPARTMENT OF INSURANCE FOR FAILURE TO MEET THE STATE'S FINANCIAL RESPONSIBILITY REQUIREMENTS IN ERROR, AND TO ALLOW THESE PERSONS TO PROVIDE CERTAIN DOCUMENTS TO SHOW THE SUSPENSION WAS ISSUED IN ERROR; BY AMENDING SECTION 56-10-245, RELATING TO PER DIEM FINES FOR LAPSE IN REQUIRED COVERAGE, SO AS TO PROVIDE THE FINES CONTAINED IN THE SECTION MAY NOT EXCEED TWO HUNDRED DOLLARS PER VEHICLE FOR A FIRST OFFENSE; BY AMENDING ARTICLE 5 OF CHAPTER 10, TITLE 56, RELATING TO THE ESTABLISHMENT OF THE UNINSURED MOTORIST FUND, SO AS TO REVISE THE PROVISIONS OF THIS ARTICLE TO REGULATE THE OPERATION OF UNINSURED MOTOR VEHICLES, TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT AND COLLECTION OF UNINSURED MOTOR VEHICLE FEES, TO MAKE TECHNICAL CHANGES, TO REVISE THE AMOUNT OF THE MOTOR VEHICLE REINSTATEMENT FEE AND PROVIDE IT SHALL BE INCREASED ANNUALLY, TO PROVIDE SUSPENDED LICENSES, REGISTRATION CERTIFICATES, LICENSE PLATES, AND DECALS MAY BE RETURNED TO THE DEPARTMENT OF MOTOR VEHICLES BY ELECTRONIC MEANS OR IN PERSON, AND TO DELETE THE PROVISIONS THAT REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO COLLECT STATISTICS REGARDING VARIOUS MOTOR VEHICLE REGISTRATION, INSURANCE, AND UNINSURED MOTORIST FUND ISSUES.
On motion of Senator MALLOY, the Bill was carried over.
S. 700 (Word version) -- Senator Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 8 TO CHAPTER 5, TITLE 39 TO ESTABLISH THE "SOUTH CAROLINA EARNED WAGE ACCESS SERVICES ACT", SO AS TO PROVIDE FOR REQUIREMENTS FOR EARNED WAGE ACCESS SERVICES PROVIDERS, AND TO PROVIDE FOR CERTAIN EXEMPTIONS AND LIMITATIONS.
The Senate proceeded to a consideration of the Bill.
Senator CLIMER explained the Bill.
On motion of Senator CLIMER, the Bill was carried over.
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.
Senator MALLOY objected to consideration of the Bill.
S. 577 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-8-530, SECTION 12-8-540, SECTION 12-8-570, SECTION 12-8-580, AND SECTION 12-8-595, ALL RELATING TO THE WITHHOLDING OF INCOME TAXES, SO AS TO UPDATE A REFERENCE TO THE TOP MARGINAL INCOME TAX RATE.
The Senate proceeded to a consideration of the Bill.
Senator DAVIS explained the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Devine Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Young
The Bill was read the second time, passed and ordered to a third reading.
S. 578 (Word version) -- Senator Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-54-240, RELATING TO DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO AUTHORIZE THE DISCLOSURE OF DOCUMENTS UNDER CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (LC-578.DG0003S):
Amend the bill, as and if amended, SECTION 1, by striking Section 12-54-240(B)(23) and inserting:
(23) disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services or the Attorney General for the purpose of verifying Medicaid eligibility or investigating Medicaid fraud;
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
On motion of Senator DAVIS, the Bill was carried over.
S. 620 (Word version) -- Senator Davis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-51-50, RELATING TO SALES OF PROPERTY BY A COUNTY RESULTING FROM DELINQUENT TAXES, SO AS TO ALLOW AN ELECTRONIC SALE AND TO PROVIDE FOR THE PROCEDURES OF AN ELECTRONIC SALE; AND BY AMENDING SECTION 12-51-60, RELATING TO PAYMENT BY THE SUCCESSFUL BIDDER IN A TAX SALE, SO AS TO PROVIDE FOR THE DISTRIBUTION OF PROCEEDS DERIVED FROM AN ELECTRONIC TAX SALE.
On motion of Senator DAVIS, the Bill was carried over.
S. 708 (Word version) -- Senators Young, Shealy and Senn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-11-420, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA CHILDREN'S ADVOCACY MEDICAL RESPONSE SYSTEM, SO AS TO DEFINE CHILD ABUSE MEDICAL SERVICES; AND BY AMENDING SECTION 63-11-430, RELATING TO PROGRAM REQUIREMENTS, SO AS TO PROVIDE FOR THE INCLUSION OF SOUTH CAROLINA NETWORK OF CHILDREN'S ADVOCACY CENTERS AND CHILDREN'S HOSPITALS IN THE PROGRAM.
The Senate proceeded to a consideration of the Bill.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Devine Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 778 (Word version) -- Senator Shealy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING TITLE 40, CHAPTER 63, ARTICLE 5, SO AS TO CREATE THE SOCIAL WORK MEMBER STATE COMPACT, OUTLINE THE RULES OF THE COMPACT, AND DEFINE NECESSARY TERMS.
The Senate proceeded to a consideration of the Bill.
Senator YOUNG proposed the following amendment (SR-778.KM0001S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 40-63-500(1) and inserting:
(1) "Active military member" means any individual in full-time duty status in the active armed forces of the United States, including members of the National Guard and Reserve.
Amend the bill further, SECTION 1, by striking Section 40-63-510(A) and inserting:
Section 40-63-510. (A) To be eligible to participate in the compact, a potential member state must currently meet all of the following:
Renumber sections to conform.
Amend title to conform.
Senator YOUNG explained the amendment.
The amendment was adopted.
On motion of Senator YOUNG, the Bill was carried over.
S. 806 (Word version) -- Senators Alexander and Malloy: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-1-180, RELATING TO ADJOURNMENT OF GENERAL ASSEMBLY AND CONDITIONS FOR EXTENDED SESSION, SO AS TO PROVIDE THAT THE DATE FOR SINE DIE ADJOURNMENT IS AUTOMATICALLY EXTENDED IF THE HOUSE OF REPRESENTATIVES DOES NOT GIVE THIRD READING TO THE ANNUAL APPROPRIATIONS ACT ON OR BEFORE MARCH TENTH, SO AS TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES MAY CALL THEIR RESPECTIVE BODIES INTO SESSION AFTER THE SINE DIE ADJOURNMENT DATE TO FINISH ANY UNFINISHED BUSINESS RELATING TO THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION, AND TO PROVIDE THE TIME PERIOD DURING WHICH THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY BE CALLED BACK TO COMPLETE THE UNFINISHED BUSINESS RELATING TO THE GENERAL APPROPRIATIONS BILL OR CAPITAL RESERVE FUND RESOLUTION.
On motion of Senator DAVIS, the Bill was carried over.
H. 3116 (Word version) -- Reps. Felder, Carter, Pope, Guffey, O'Neal, Gilliam, Hart, Caskey, Williams and Blackwell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-37-610, RELATING TO PERSONS LIABLE FOR TAXES AND ASSESSMENTS ON REAL PROPERTY, SO AS TO PROVIDE THAT CERTAIN DISABLED VETERANS OF THE ARMED FORCES OF THE UNITED STATES ARE EXEMPT FROM PROPERTY TAXES IN THE YEAR IN WHICH THE DISABILITY OCCURS.
The Senate proceeded to a consideration of the Bill.
The Committee on Finance proposed the following amendment (LC-3116.DG0002S), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 12-37-610(B) and inserting:
(B) Notwithstanding any other provision of law, a veteran of the Armed Forces of the United States, who is permanently and totally disabled as a result of a service-connected disability and who files with the department a certificate signed by the county service officer certifying this disability, and who otherwise meets the requirements of Section 12-37-220(B)(1) may immediately claim the exemption for the entire year in which the disability occurs. A surviving spouse may immediately claim the exemption for the entire year in the same manner as the veteran regardless of whether the veteran applied, filed for, or claimed the exemption. Additionally, a veteran who is permanently and totally disabled for any part of the year, or surviving spouse thereof, is entitled to the exemption for the entire year. In a year in which a disabled veteran, or surviving spouse thereof, owns a property for less than a year, any other owner, who is not a disabled veteran, or otherwise entitled to an exemption, is responsible for the property tax accrued on the property for the time in which he owned the property.
Amend the bill further, by adding appropriately numbered SECTIONS to read:
SECTION X. Section 12-37-220(B)(1)(f)(iii) of the S.C. Code is amended to read:
(iii) "qualified surviving spouse" means the surviving spouse of an individual described in subsubitem (i) while remaining unmarried, who resides in the house, and who owns the house in fee or for life. Qualified surviving spouse also means the surviving spouse of an individual described in subsubitem (1) whose deceased spouse met the requirements to obtain the exemption allowed by this item regardless of whether the deceased spouse applied, filed for, or claimed the exemption, while remaining unmarried, who resides in the house, and who owns the house in fee or for life. Qualified surviving spouse also means the surviving spouse of a member of the Armed Forces of the United States who was killed in action, or the surviving spouse of a law enforcement officer or firefighter who died in the line of duty as a law enforcement officer or firefighter, as these terms are further defined in Section 23-23-10 and Chapter 80, Title 40, if the surviving spouse remains unmarried, resides in the house, and has acquired ownership of the house in fee or for life;
SECTION X.A. Section 12-37-220(B)(3) of the S.C. Code is amended to read:
(3) two private passenger vehicles owned or leased by any disabled veteran designated by the veteran for which special license tags have been issued by the Department of Motor Vehicles under the provisions of Sections 56-3-1110 to 56-3-1130 or, in lieu of the license, if the veteran has a certificate signed by the county service officer or the Veterans Administration of the total and permanent disability which must be filed with the Department of Motor Vehicles. The exemption extends to the surviving spouse of the person on one private passenger vehicle owned or leased by the spouse for their lifetime or until the remarriage of the surviving spouse. If a trustee holds legal title to a vehicle and the beneficiary is a person who qualifies otherwise for the exemption provided and the beneficiary uses the vehicle, then the vehicle is exempt from property taxation in the same amount and manner;
B. This SECTION takes effect upon approval by the Governor and applies to tax years beginning after 2023.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect upon approval by the Governor and applies to tax years beginning after 2023 and any open period less than three years.
Renumber sections to conform.
Amend title to conform.
Senator VERDIN explained the amendment.
The amendment was adopted.
On motion of Senator VERDIN, the Bill was carried over.
H. 3951 (Word version) -- Reps. Haddon, G.M. Smith, Bannister, Hiott, Ligon, Hixon, Leber, Erickson, Forrest, Brewer, Murphy, Robbins, Willis, Calhoon, Pope, Davis and M.M. Smith: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "WORKING AGRICULTURAL LANDS PRESERVATION ACT" BY ADDING CHAPTER 57 TO TITLE 46 SO AS TO DEFINE TERMS, ESTABLISH A COMMITTEE, AND OUTLINE PROGRAM CRITERIA, AMONG OTHER THINGS.
The Senate proceeded to a consideration of the Bill.
The Committee on Agriculture and Natural Resources proposed the following amendment (SFGF-3951.BC0017S), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
SECTION X.A. Section 12-24-90(B) of the S.C. Code is amended to read:
(B) The state fee must be credited as follows:
(1) ten cents of each one dollar thirty cents into the Heritage Land Trust Fund;
(2) twenty cents of each one dollar thirty cents into the South Carolina Housing Trust Fund; and
(3) twenty-five cents of each one dollar thirty cents into the South Carolina Conservation Bank Trust Fund; and
(4) one dollarseventy-five cents of each one dollar thirty cents into the general fund of the State.
B. This section takes effect July 1, 2024.
SECTION X. Section 48-59-40 (A) and (B) of the S.C. Code is amended to read:
(A) There is established the South Carolina Conservation Bank. The bank is governed by a fourteen-memberseventeen-member board selected as follows:
(1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Director of the South Carolina Department of Parks, Recreation and Tourism, or their designees, all of whom shall serve ex officio and without voting privileges;
(2) three members appointed by the Governor from the State at large;
(3) four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth Congressional Districts and one member from the State at large; and
(4) four members appointed by the President of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts.
(B)(1) In making their respective appointments to the board, the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate shall take all reasonable steps to ensure that the members of the board reflect the state's racial and gender diversity.
(2) Each member of the board must possess experience in the areas of natural resources, land development, farming, forestry, finance, land conservation, real estate, or law.
SECTION X. Chapter 59, Title 48 of the S.C. Code is amended by adding:
Section 48-59-150. (A) There is established in the State Treasury the Working Farmland Protection Fund for the purpose of providing permanent protection to working farmland properties whose continued availability to commercial agricultural businesses is essential to the long-term future of the economic sector. Balances in the fund must be retained and caried forward annually and interest earned on balances in the fund must be credited to the fund.
(B) In a fiscal year in which the bank receives the amount provided for under Section 12-24-90, the General Assembly may appropriate funds to the Working Farmland Protection Fund.
(C) The Working Farmland Protection Fund must be used by the bank only for the purpose of awarding grants to eligible trust fund recipients for the purchase of interests in farmland in which a landowner derives at least fifty percent of his income.
(D) When evaluating applications for grants under this Section, the bank must use the criteria set forth in Section 48-59-70(D), except for Section 48-59-70(D)(9) and Section 48-59-70(D)(13), along with the following criteria:
(1) the authority of the owner of the working farmland property to make the subject farmland available via lease or transfer of the protected property to another farmer or other farmers so as to advance the goal of preserving and increasing access to farmland for new and expanding farms;
(2) the threat of conversion of the working farmland property such that it would become unavailable for commercial production of agricultural products;
(3) the percentage of soils classified by the United States Department of Agriculture as prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance;
(4) the agricultural structures and improvements associated with the working farmland property;
(5) the economic viability of the working farmland property in terms of current and potential future commercial agricultural activities in local, regional, and statewide markets; connection of the working farmland property to agricultural services including processors, aggregators, and distributors; and the number of on-farm jobs supported by the working farmland property;
(6) the multiple natural resources values associated with the working farmland property, including open space land, forested land and wetlands, riparian buffers, wildlife habitat, and freshwater aquifers; and
(7) whether the working farmland is located or serving in an underserved or underprivileged community.
SECTION 6. Unless otherwise provided, this act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator CLIMER explained the amendment.
Senator CLIMER moved to lay the amendment on the table.
The amendment was laid on the table.
The Committee on Finance proposed the following amendment (SR-3951.KM0022S), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 48-59-40(A) and (B) of the S.C. Code is amended to read:
Section 48-59-40. (A) There is established the South Carolina Conservation Bank. The bank is governed by a fourteen-memberseventeen-member board selected as follows:
(1) the Chairman of the Board for the Department of Natural Resources, the Chairman of the South Carolina Forestry Commission, the Commissioner of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Director of the South Carolina Department of Parks, Recreation and Tourism, or their designees, all of whom shall serve ex officio and without voting privileges;
(2) three members appointed by the Governor from the State at large;
(3) four members appointed by the Speaker of the House of Representatives, one each from the Third, Fourth, and Sixth Congressional Districts and one member from the State at large; and
(4) four members appointed by the President of the Senate, one each from the First, Second, Fifth, and Seventh Congressional Districts.
(B)(1) In making their respective appointments to the board, the Governor, Speaker of the House of Representatives, and President Pro Tempore of the Senate shall take all reasonable steps to ensure that the members of the board reflect the state's racial and gender diversity.
(2) Each member of the board must possess experience in the areas of natural resources, land development, forestry, farming, finance, land conservation, real estate, or law.
SECTION 2. Chapter 59, Title 48 of the S.C. Code is amended by adding:
Section 48-59-150. (A) There is established in the State Treasury the Working Farmland Protection Fund for the purpose of providing permanent protection to working farmland properties whose continued availability to commercial agricultural businesses is essential to the long-term future of the economic sector. Balances in the fund must be retained and carried forward annually and interest earned on balances in the fund must be credited to the fund.
(B) The Working Farmland Protection Fund must be used by the bank only for the purpose of awarding grants to eligible trust fund recipients for the purchase of interests in farmland in which a landowner derives at least fifty percent of his income.
(C) When evaluating applications for grants under this section, the bank must use the criteria set forth in Section 48-59-70(D), except for Section 48-59-70(D)(9) and Section 48-59-70(D)(13), along with the following criteria:
(1) the authority of the owner of the working farmland property to make the subject farmland available via lease or transfer of the protected property to another farmer or other farmers so as to advance the goal of preserving and increasing access to farmland for new and expanding farms;
(2) the threat of conversion of the working farmland property such that it would become unavailable for commercial production of agricultural products;
(3) the percentage of soils classified by the United States Department of Agriculture as prime farmland, unique farmland, farmland of statewide importance, and farmland of local importance;
(4) the agricultural structures and improvements associated with the working farmland property;
(5) the economic viability of the working farmland property in terms of current and potential future commercial agricultural activities in local, regional, and statewide markets; connection of the working farmland property to agricultural services including processors, aggregators, and distributors; and the number of on-farm jobs supported by the working farmland property;
(6) the multiple natural resources values associated with the working farmland property, including open space land, forested land and wetlands, riparian buffers, wildlife habitat, and freshwater aquifers; and
(7) whether the working farmland is located or serving in an underserved or underprivileged community
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.
Senator DAVIS explained the amendment.
The amendment was adopted.
The question being the second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Devine Fanning Gambrell Garrett Goldfinch Grooms Gustafson Harpootlian Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Senn Setzler Shealy Stephens Talley Tedder Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 621 (Word version) -- Senators Reichenbach, Stephens, Cromer, Kimbrell, M. Johnson, Fanning, Setzler, Bennett, Shealy, Rice, Williams and Allen: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 79 TO TITLE 39 SO AS TO CREATE THE "SOUTH CAROLINA-IRELAND TRADE COMMISSION", TO PROVIDE FOR THE MEMBERS OF THE TRADE COMMISSION, AND TO ESTABLISH THE DUTIES OF THE COMMISSION.
Senator MARTIN raised a Point of Order under Rule 39 that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
Senator SENN rose for an Expression of Personal Interest.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 1:30 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.
S. 557 (Word version) -- Senators M. Johnson, Peeler, Kimbrell, Adams, Rice, Rankin, Reichenbach, Young, Loftis, Climer, Garrett, Alexander and Campsen: 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.
On motion of Senator MASSEY, the Bill was carried over.
S. 738 (Word version) -- Senator K. Johnson: A BILL TO DELINEATE THE NINE SINGLE-MEMBER DISTRICTS FROM WHICH MEMBERS OF THE CLARENDON COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED BEGINNING WITH THE 2024 GENERAL ELECTION, AND TO PROVIDE DEMOGRAPHIC INFORMATION REGARDING THESE DISTRICTS.
The House returned the Bill with amendments, the question being concurrence in the House amendments.
Senator K. JOHNSON explained the amendments.
On motion of Senator K. JOHNSON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3594 (Word version) -- Reps. B.J. Cox, G.M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A.M. Morgan, T.A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M.M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B.L. Cox, Vaughan, White, Collins, J.E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator JACKSON proposed the following amendment (SMIN-3594.MW0116S), which was carried over:
Amend the bill, as and if amended, SECTION 3, by striking Section 16-23-20(4)(9) and inserting:
(9) medical clinic, doctor's office, any office that provides counseling services or therapy to individuals or a family, or any other facility where medical services or procedures are performed, unless expressly authorized by the employer;
Renumber sections to conform.
Amend title to conform.
Senator JACKSON explained the amendment.
On motion of Senator JACKSON, with unanimous consent, the amendment was carried over.
Senator GOLDFINCH proposed the following amendment (SR-3594.JG0117S), which was tabled:
Amend the bill, as and if amended, SECTION 10, by striking Section 23-31-220(A)(1) and inserting:
(A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer, except a public accommodations business, to prohibit a person who is licensed under this article licensed under this article from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or work place workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
(2) the right of a public accommodations business to prohibit a person who does not hold a valid concealed weapon permit and is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
Amend the bill further, SECTION 10, by striking Section 23-31-220(B) and inserting:
(2) the right of a public accommodations business to prohibit a person who does not hold a valid concealed weapon permit and is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
(2)(3) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.
(B) The posting by the employer, owner, or person in legal possession or control of a sign stating "NO CONCEALABLE WEAPONS ALLOWED", or in the case of a public accommodations business, "NO CONCEALABLE WEAPONS ALLOWED UNLESS POSSESSED BY A PERSON WITH A VALID CWP" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the work placeworkplace. A person who knowingly brings a concealable weapon, whether concealed or openly carried, onto the premises or work place workplace in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (B)(1).
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. SLED shall promulgate regulations requiring the course and qualifications for concealed weapon permits to include two additional hours of training regarding the proper handling of firearms and two additional hours of legal training.
Renumber sections to conform.
Amend title to conform.
Senator GOLDFINCH explained the amendment.
Senator HEMBREE explained the amendment.
Senator MALLOY explained the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Devine Gambrell Garrett Gustafson Hembree Hutto Jackson Johnson, Michael Kimbrell Malloy Martin Massey Matthews Peeler Reichenbach Rice Senn Setzler Shealy Talley Tedder Turner Verdin Williams Young
Allen Goldfinch Harpootlian Johnson, Kevin Loftis McElveen McLeod Sabb
The amendment was laid on the table.
Senator GROOMS desired to be recorded as voting in favor of the motion to table the amendment.
Senators SABB and JOHNSON proposed the following amendment (SMIN-3594.MW0083S), which was tabled:
Amend the bill, as and if amended, SECTION 3, by striking Section 16-23-20(4)(3) and inserting:
(3) within a hundred feet of any building in which a polling location is located, as publicly posted by the designated election official, on the day of any election or during the time when voting is permitted for any election;
Renumber sections to conform.
Amend title to conform.
Senator SABB explained the amendment.
Senator MARTIN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Cash Climer Corbin Cromer Gambrell Garrett Gustafson Johnson, Michael Kimbrell Loftis Martin Massey Peeler Reichenbach Rice Senn Shealy Talley Turner Verdin Young
Allen Campsen Davis Devine Goldfinch Harpootlian Hembree Hutto Jackson Johnson, Kevin Malloy Matthews McLeod Rankin Sabb Setzler Tedder Williams
The amendment was laid on the table.
Senator GROOMS desired to be recorded as voting in favor of the motion to table the amendment.
Senator HEMBREE proposed the following amendment (SEDU-3594.DB0126S), which was adopted:
Amend the bill, as and if amended, SECTION 19, by striking Section 23-31-245 and inserting:
Section 23-31-245. This Article does not prevent a law enforcement officer from searching, detaining or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention or arrest.
Renumber sections to conform.
Amend title to conform.
Senator HEMBREE explained the amendment.
The amendment was adopted.
Senator MASSEY proposed the following amendment (SR-3594.JG0112S), which was adopted:
Amend the bill, as and if amended, SECTION 3, by striking Section 16-23-20(4)(11) and inserting:
(11) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with Section 23-31-235.
Amend the bill further, SECTION 4, by striking Section 16-23-50(2) and inserting:
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be:
(1) a misdemeanor, and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year, or both. , for a first offense;
(2) a misdemeanor, and upon conviction must be imprisoned not more than three years for a second offense; or
(3) a felony, and upon conviction must be imprisoned not more than five year for a third or subsequent offense.
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
Senator MARTIN asked unanimous consent, with Senator MASSEY retaining the floor, to stand in recess for five minutes.
Senator MATTHEWS objected.
Senator MASSEY resumed speaking on the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Bennett Campsen Davis Devine Goldfinch Harpootlian Hembree Hutto Jackson Johnson, Kevin Malloy Massey Matthews McLeod Rankin Sabb Senn Setzler Talley Tedder Williams
Adams Alexander Cash Climer Corbin Cromer Gambrell Garrett Gustafson Johnson, Michael Kimbrell Loftis Martin Peeler Reichenbach Rice Shealy Turner Verdin Young
The amendment was adopted.
Senator GROOMS desired to be recorded as voting against the adoption of the amendment.
At 4:59 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed 5 minutes.
At 5:47 P.M., the Senate resumed.
Senator MARTIN asked unanimous consent to make a motion to give the Bill a second reading, carry over all amendments and waive the provisions of Rule 26B in order to allow amendments to be considered on third reading and the Bill would remain in Adjourned Debate status.
There was no objection.
Debate was interrupted by adjournment.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on January 30, 2024, at 2:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R104, H. 3690 (Word version)) -- Reps. Taylor, G.M. Smith, Thayer, Bradley, Hiott, Bannister, W. Newton, Sandifer, West, Davis, Erickson, J.E. Johnson, Jordan, Whitmire, Hixon, Elliott, Forrest, Wooten, Bustos, Willis, Yow, Carter, Hartnett, Moss, McCravy, B.J. Cox, Haddon, Burns, Chumley, Oremus, Hardee, Ligon, Long, Gilliam, Magnuson, Lawson, Nutt, Brewer, Guffey, Hager, Mitchell, Neese, Sessions, Vaughan, Robbins, Kilmartin, M.M. Smith, B. Newton, Hewitt, Leber, Pope, Blackwell, Caskey and Landing: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ESG PENSION PROTECTION ACT" BY AMENDING SECTION 9-16-10, RELATING TO RETIREMENT SYSTEM FUNDS DEFINITIONS, SO AS TO ADD A DEFINITION OF "PECUNIARY FACTOR"; BY AMENDING SECTION 9-16-30, RELATING TO DELEGATION OF FUNCTIONS BY THE COMMISSION, SO AS TO PROVIDE THAT PROXY VOTING DECISIONS MUST BE BASED ON PECUNIARY FACTORS; BY AMENDING SECTION 9-16-50, RELATING TO INVESTMENT AND MANAGEMENT CONSIDERATIONS BY TRUSTEES, SO AS TO PROVIDE THAT THE COMMISSION MAY ONLY CONSIDER PECUNIARY FACTORS IN MAKING CERTAIN INVESTMENT DECISIONS; BY AMENDING SECTION 9-16-320, RELATING TO ANNUAL INVESTMENT PLANS, SO AS TO REQUIRE CERTAIN MEETINGS; BY AMENDING SECTION 9-16-330, RELATING TO STATEMENT OF ACTUARIAL ASSUMPTIONS AND INVESTMENT OBJECTIVES, SO AS TO REQUIRE CERTAIN CERTIFICATIONS; AND BY ADDING SECTION 9-16-110 SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY BRING AN ACTION TO ENFORCE CERTAIN PROVISIONS.
L:\COUNCIL\ACTS\3690SA125.DOCX
(R105, H. 3782 (Word version)) -- Reps. West, Yow, Jefferson, Ligon, Nutt, Anderson, Hardee, Bannister, Thayer, Blackwell and Oremus: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 58-12-300, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITION OF "CABLE SERVICE"AND "VIDEO SERVICE"; AND BY AMENDING SECTION 58-9-2200, RELATING TO DEFINITIONS, SO AS TO AMEND THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICE".
L:\COUNCIL\ACTS\3782HA125.DOCX
(R106, H. 3799 (Word version)) -- Reps. Hyde and Nutt: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-270 SO AS TO DECLARE THE FIRST MONDAY OF MARCH OF EACH YEAR AS "WATER PROFESSIONALS DAY".
L:\COUNCIL\ACTS\3799SA125.DOCX
(R107, H. 3872 (Word version)) -- Reps. Murphy, Caskey, B. Newton, Brewer, Robbins, Sandifer, Herbkersman, Rutherford, Wooten, Connell, Mitchell and Hager: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-150-145 SO AS TO EXEMPT CERTAIN PERSONALLY IDENTIFIABLE INFORMATION CONCERNING LOTTERY CLAIMS FROM NONCONSENSUAL DISCLOSURE OR RELEASE UNDER THE FREEDOM OF INFORMATION ACT, TO PROVIDE THE LOTTERY COMMISSION MAY DISCLOSE CERTAIN INFORMATION CONCERNING LOTTERY CLAIMS WITHOUT CONSENT, AND TO PROVIDE AN EXCEPTION FOR PARTICIPANTS IN CERTAIN PROMOTIONS; AND BY AMENDING SECTION 30-4-40, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO MAKE A CONFORMING CHANGE.
L:\COUNCIL\ACTS\3872WAB125.DOCX
(R108, H. 3960 (Word version)) -- Rep. Forrest: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-1-686 SO AS TO DESIGNATE THE SOUTH CAROLINA POULTRY FESTIVAL IN LEXINGTON COUNTY AS THE OFFICIAL STATE POULTRY FESTIVAL.
L:\COUNCIL\ACTS\3960SA125.DOCX
(R109, H. 3977 (Word version)) -- Reps. Sandifer, Hardee and Anderson: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-55-730 SO AS TO ALLOW INSURERS TO POST AN INSURANCE POLICY OR ENDORSEMENT ON THEIR WEBSITE IF CERTAIN CONDITIONS ARE MET.
L:\COUNCIL\ACTS\3977PH125.DOCX
(R110, H. 4120 (Word version)) -- Reps. Pope and Long: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-3-80 SO AS TO CREATE THE "ILLEGAL IMMIGRATION ENFORCEMENT UNIT" WITHIN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR ITS ADMINISTRATION AND DUTIES, AND TO REQUIRE IT TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; AND BY REPEALING SECTION 23-6-60 AND CHAPTER 30 OF TITLE 8 RELATING TO THE CREATION OF THE ILLEGAL IMMIGRATION ENFORCEMENT UNIT WITHIN THE DEPARTMENT OF PUBLIC SAFETY AND THE RECORDING AND REPORTING OF IMMIGRATION LAW VIOLATIONS.
L:\COUNCIL\ACTS\4120CM125.DOCX
(R111, H. 4352 (Word version)) -- Reps. Calhoon and Felder: AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-270 SO AS TO DESIGNATE THE MONTH OF MARCH OF EACH YEAR AS "MIDDLE LEVEL EDUCATION MONTH".
L:\COUNCIL\ACTS\4352SA125.DOCX
Having received a favorable report from the Senate, the following appointments were confirmed in open session:
Initial Appointment, Kershaw County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Herbert Clay Carruth III, 304 B Kirkwood Lane, Camden, SC 29020 VICE Donnie Alan Trapp
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2023, and to expire April 30, 2027
Kenneth Wayne Luther, Jr., 570 Water Turkey Retreat, Charleston, SC 29412-9047 VICE Thomas E. Lynn
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. George "Smokey" H. Davis of Lexington, S.C. Smokey graduated from Auburn University before enlisting in the U.S. Marine Corps. He earned a master's degree from George Washington University. He worked for Junior Achievement, C&S Bank, Capital Lighting and Solomon Smith Barney. He enjoyed his weekly column Signals From Smokey. Smokey was involved in many clubs and served on many boards including the Jaycees, Rotary Club of Lexington, the Arts Association Follies, Lexington One School Board, Commissioner of Midlands Technical College, Lexington County Council, Lexington County Development Corporation, Central Midlands Council of Governments, Midlands and Central Midlands Workforce Development Corporation and Lexington Medical Center Board to mention a few. He was a Stephen Minister at Saxe Gotha Presbyterian Church and was active at Northside Baptist Church. Smokey was a loving husband, devoted father and doting grandfather who will be dearly missed.
On motion of Senator RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. John Calvin Griggs, Jr. of Columbia, S.C. John was a graduate of Conway High School and the University of South Carolina. He worked for First Citizens Bank in the Grand Strand area for nearly forty years. He served on the Board of Advisors for the Grand Strand Water and Sewer Authority, the Board of Visitors for the Wall School of Business at Coastal Carolina University and other nonprofit organizations. Before joining Shandon United Methodist Church, he was a member of Trinity United Methodist Church in Conway, S.C. John enjoyed hunting, golfing, fishing, gardening, cheering on the Gamecocks and spending time with family and friends. John was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 5:49 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 1:00 P.M.
This web page was last updated on Tuesday, January 30, 2024 at 6:23 P.M.