NO. 58
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
I Corinthians 12:12a
The Apostle Paul tells us this about "the body": "The body is a unit, though it is made up of many parts; and though all its parts are many, they form one body."
Bow with me, please: Truly, O glorious God, how richly diverse is our South Carolina family. We together capture the words that appear on the Great Seal of the United States: E pluribus unum -- translated as "Out of many, one." That slogan fully describes the richness of our State's population, made up as it is of citizens from many races, ancestries, and religions. But nonetheless, despite that mix, we surely are also "one." So, with this in mind, O God, we are ever thankful that this Senate labors to care for each and every woman, man and child within our borders, doing so unfailingly and lovingly. And may the ultimate glory as always be Yours, dear Lord. In Your wondrous name we pray. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Campsen Cash Chaplin Climer Corbin Cromer Davis Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Kennedy Kimbrell Leber Martin Nutt Ott Peeler Rankin Reichenbach Rice Sabb Stubbs Sutton Tedder Turner Verdin Young Zell
A quorum being present, the Senate resumed.
The following was received:
Document No. 5313
Agency: Department of Social Services
Chapter: 114
Statutory Authority: 1976 Code Section 43-1-80
SUBJECT: Foster Care and Adoptions
Received by President of the Senate January 14, 2025
Referred to Family and Veterans' Services Committee
Legislative Review Expiration: permanently withdrawn
Permanently Withdrawn April 22, 2025
The following was received:
Document No. 5335
Agency: Department of Labor, Licensing and Regulation - South Carolina State Board of Funeral Service
Chapter: 57
Statutory Authority: 1976 Code Sections 40-1-70, 40-19-60, and 40-19-70
SUBJECT: South Carolina State Board of Funeral Service
Received by President of the Senate January 14, 2025
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration January 18, 2026
Withdrawn and Resubmitted April 22, 2025
On motion of Senator STUBBS, at 11:09 A.M., Senator BLACKMON was granted a leave of absence until 12:09 P.M.
On motion of Senator HEMBREE, at 11:09 A.M., Senator MASSEY was granted a leave of absence until 12:09 P.M.
On motion of Senator REICHENBACH, at 4:27 P.M., Senator CHAPLIN was granted a leave of absence until 6:00 P.M.
Senator OTT rose for an Expression of Personal Interest.
On motion of Senator GARRETT, with unanimous consent, the remarks of Senator OTT, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator BENNETT rose for an Expression of Personal Interest.
The following co-sponsor was added to the respective Bill:
S. 421 (Word version) Sen. Davis
S. 523 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SC 31 AND SC 9 IN HORRY COUNTY SOUTH CAROLINA THE "S.C. DEPARTMENT OF TRANSPORTATION COMMISSIONER TONY K. COX INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
S. 566 (Word version) -- Senator Devine: A SENATE RESOLUTION TO DECLARE MAY 5, 2025, AS "MISSING AND MURDERED INDIGENOUS WOMEN RED DRESS DAY" IN SOUTH CAROLINA TO HONOR THOSE WHO HAVE BEEN LOST, THOSE WHO ARE STILL MISSING, AND THE FAMILIES AND COMMUNITIES WHO CONTINUE TO SEEK JUSTICE.
Senator YOUNG asked unanimous consent to make a motion to recall the Senate Resolution from the Committee on Family and Veterans' Services.
The Senate Resolution was recalled from the Committee on Family and Veterans' Services and ordered placed on the Calendar for consideration tomorrow.
H. 3938 (Word version) -- Reps. Williams and Luck: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CHARLESTON ROAD IN DARLINGTON COUNTY FROM THE INTERSECTION OF PIANO ROAD TO THE DARLINGTON/FLORENCE COUNTY LINE "DR. MELVIN LEROY HOWARD MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.
The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.
The following were introduced:
S. 588 (Word version) -- Senator Goldfinch: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-25-140 SO AS TO CREATE THE OFFENSE OF COERCIVE CONTROL OVER ANOTHER PERSON, TO PROVIDE EXAMPLES OF THE TYPES OF BEHAVIOR AND EVIDENCE THAT MAY BE USED TO SUPPORT THE OFFENSE, TO PROVIDE A PENALTY, AND TO DEFINE TERMS RELATED TO COERCIVE CONTROL.
sr-0065cem25.docx
Read the first time and referred to the Committee on Judiciary.
S. 589 (Word version) -- Senators Climer and Stubbs: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "MAKE SOUTH CAROLINA HEALTHY AGAIN ACT"; BY AMENDING SECTION 59-10-310, RELATING TO THE ESTABLISHMENT OF SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOODS, DISTRICT POLICIES, AND EXEMPTIONS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION'S SCHOOL FOOD SERVICE POLICY TO INCLUDE A PROHIBITION ON PUBLIC SCHOOLS PROVIDING ULTRA-PROCESSED FOOD TO STUDENTS ON THE SCHOOL CAMPUS DURING THE NORMAL SCHOOL DAY; AND TO ADD ARTICLE 11 TO CHAPTER 5, TITLE 43, SO AS TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES SHALL SUBMIT A REQUEST FOR A FEDERAL WAIVER TO THE U.S. DEPARTMENT OF AGRICULTURE, FOOD AND NUTRITION SERVICE TO PROHIBIT THE USE OF SNAP BENEFITS FOR THE PURCHASE OF CANDY AND SOFT DRINKS; TO PROVIDE GUIDELINES FOR THE WAIVER; AND TO PROVIDE DEFINITIONS RELATING TO THE SNAP PROGRAM.
sr-0318km25.docx
Read the first time and referred to the Committee on Education.
S. 590 (Word version) -- Senators Reichenbach, Fernandez, Rice, Garrett, Chaplin, Elliott, Stubbs and Zell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO LIMIT SENATORS TO SERVING NO MORE THAN THREE TERMS IN OFFICE AND TO LIMIT MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SERVING NO MORE THAN SIX TERMS IN OFFICE.
sr-0314km25.docx
Read the first time and referred to the Committee on Judiciary.
S. 591 (Word version) -- Senators Alexander, Adams, Allen, Bennett, Blackmon, Campsen, Cash, Chaplin, Climer, Corbin, Cromer, Davis, Devine, Elliott, Fernandez, Gambrell, Garrett, Goldfinch, Graham, Grooms, Hembree, Hutto, Jackson, Johnson, Kennedy, Kimbrell, Leber, Martin, Massey, Matthews, Nutt, Ott, Peeler, Rankin, Reichenbach, Rice, Sabb, Stubbs, Sutton, Tedder, Turner, Verdin, Walker, Williams, Young and Zell: A SENATE RESOLUTION TO RESPECTFULLY REQUEST THAT THE BLUECROSS BLUESHIELD OF SOUTH CAROLINA ANNUAL LEGISLATIVE SOFTBALL GAME BE NAMED THE "BLUECROSS BLUESHIELD OF SOUTH CAROLINA MARY ELIZABETH MULLIKIN ANNUAL LEGISLATIVE SOFTBALL GAME" AS A LASTING TRIBUTE TO MARY ELIZABETH MULLIKIN'S LEGACY OF SERVICE, FRIENDSHIP, AND JOY.
sr-0322km-hw25.docx
The Senate Resolution was adopted.
S. 592 (Word version) -- Senator Zell: A SENATE RESOLUTION TO HONOR MOYE GRAHAM FOR DEDICATION TO THE REPUBLICAN PARTY AND FOR SERVICE IN THE SOUTH CAROLINA DEPARTMENT ON AGING.
lc-0164ph-gm25.docx
The Senate Resolution was adopted.
S. 593 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND HONOR RAY AND DENISE FLYNN FOR THEIR SERVICE TO THE PEOPLE OF SOUTH CAROLINA THROUGH ABRAHAM PRODUCTIONS, INC. AND RAY FLYNN MINISTRIES.
sr-0321km-vc25.docx
The Senate Resolution was adopted.
Columbia, S.C., April 22, 2025
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has confirmed the appointment:
Reappointment, Lee County Master-in-Equity, with the term to commence December 31, 2025, and to expire December 31, 2031
James Saverance, Jr., Esq., 345 Country Manor Estate, Bishopville, SC 29010 VICE: Hon Stephen B. Doby
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 4187 (Word version) -- Reps. Caskey, Ballentine, Calhoon, Forrest, Govan, Kilmartin, May, McCabe, Taylor, White and Wooten: A BILL TO EXTEND THE ONE PERCENT SALES TAX IMPOSED BY ACT 378 OF 2004, AS AMENDED, THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT, FOR AN ADDITIONAL SEVEN YEARS.
On motion of Senator KENNEDY.
On motion of Senator KENNEDY, H. 4187 was ordered to receive a third reading on Wednesday, April 23, 2025.
THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4025, THE GENERAL APPROPRIATIONS BILL.
H. 4025 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senator PEELER spoke on the Report.
Senator PEELER asked unanimous consent to make a motion that the Report of the Committee on Finance be adopted, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree.
There was no objection.
The report of the Committee on Finance was adopted.
On motion of Senator PEELER, with unanimous consent, staff members from the Revenue and Fiscal Affairs office were authorized as necessary to be in that area behind the rail and, further, that Finance Committee staff and other staff designated by the PRESIDENT were admitted to the floor of the Senate Chamber while debate was in progress on H. 4025, the General Appropriations Bill.
There was no objection.
Senator BENNETT, Chairman of the Subcommittee on K-12 Education, was recognized to report to the Senate regarding the work of the subcommittee.
Senator VERDIN assumed the Chair.
Senator ALEXANDER, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.
Senator CROMER, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.
Senator MARTIN, Chairman of the Subcommittee on Criminal Justice, was recognized to report to the Senate regarding the work of the subcommittee.
At 12:42 P.M., the PRESIDENT assumed the Chair.
Senator GROOMS, Chairman of the Subcommittee on Constitutional Budget, was recognized to report to the Senate regarding the work of the subcommittee.
Senator JACKSON, Chairman of the Subcommittee on Transportation and Regulatory Laws, was recognized to report to the Senate regarding the work of the subcommittee.
Senator DAVIS, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.
Senator PEELER spoke on the Bill.
At 1:26 P.M., on motion of Senator PEELER, the Senate receded from business until 2:15 P.M.
At 2:30 P.M., the Senate resumed.
Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Bennett Blackmon Campsen Cash Chaplin Climer Corbin Cromer Davis Elliott Fernandez Gambrell Garrett Goldfinch Grooms Hembree Hutto Kennedy Kimbrell Leber Martin Massey Nutt Peeler Reichenbach Rice Sabb Stubbs Sutton Turner Verdin Young Zell
A quorum being present, the Senate resumed.
Senator HEMBREE proposed the following amendment (SM CHARTER SCHOOL TRANSFER), which was adopted (#1):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 310, after line 3, by adding an appropriately numbered new proviso to read:
/ (SDE: Charter School Contracts) If a public or independent institution of higher learning charter authorizer ceases operations, any charter school under a current contract with the authorizer may apply to a new authorizer for the remainder of the charter school's contract term. Of the funds appropriated, the Department of Education shall create a streamline transfer process for this purpose. /
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Senator HEMBREE explained the amendment.
The amendment was adopted.
Senators MARTIN, HEMBREE and BRIGHT MATTHEWS proposed the following amendment (AM CAPITAL EXPENDITURE CHARGE V.2), which was adopted (#2):
Amend the bill, as and if amended, Part IB, Section 67, DEPARTMENT OF JUVENILE JUSTICE, page 442, proviso 67.17, lines 15-21, by amending the proviso to read:
/ (DJJ: Capital Expenditure Charge) Local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice shall pay a capital expenditure charge of $125 per day per child not to exceed 25 days to the department for new admissions after July 1, 2025, to cover capital expenditures and investments in the facilities that house such juveniles. This capital expenditure charge is in addition to the per diem charge of $50 that offsets operating expenses. If full funding is not received from the local governments, then the remainder of the funds due shall be transferred to the department from the local government fund on behalf of such local governments. The transfer to the department of behalf of the local government shall be deemed to have been distributed to the local government. /
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Senator MARTIN explained the amendment.
The amendment was adopted.
Senator CLIMER proposed the following amendment (SA\ 4025C005.JN.SA25.DOCX), which was adopted (#3):
Amend the bill, as and if amended, Part IB, Section 79, BOARD OF FINANCIAL INSTITUTIONS, page 450, after line 5, by adding an appropriately numbered new proviso to read:
/(FI: Database Funding) The Consumer Finance Division of the Board of Financial Institutions shall use carried forward dollars to fund the deferred presentment transaction database and shall promulgate regulations regarding the fee to fund the system, and, if necessary, the cost of any fee increase must be divided equally between the lender and the borrower. /
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Senator CLIMER explained the amendment.
The amendment was adopted.
Senator DAVIS proposed the following amendment (AM PORT LOGISTICS), which was adopted (#4):
Amend the bill, as and if amended, Part IB, Section 88, STATE PORTS AUTHORITY, pages 461-462, proviso 88.6, by amending the proviso to read:
/ (SPA: Funds for Due Diligence on Port-Related Facility Logistics Site in Jasper County) Of the funds previously appropriated to the South Carolina State Ports Authority (SCSPA) in the Jasper Ocean Terminal Facility Permitting and Infrastructure Fund, SCSPA is directed to distribute, in installments and subject to the approvals as hereinafter provided, up to $2,000,000 $1,800,000 to the Southern Carolina Regional Development Alliance (SCRDA) for SCRDA's service as an intermediary and service provider on behalf of a coalition of its interested member counties with economic interests in Jasper County's ocean terminal-related improvements to procure legal, financial, engineering, and other professional services necessary to analyze, and to the extent appropriate, engage in negotiations with the Georgia Ports Authority (GPA) supporting infrastructure for port-related development of the Jasper Ocean Terminal site and supporting property owned by the joint venture and/or nearby property currently owned by the Georgia Department of Transportation. Services should include, without limitation, the following: field geotechnical work of the dredge area to provide guidance for developing the site; conducting an environmental site assessment to determine if any environmental conditions warrant further review, including potentially entering into a Voluntary Cleanup Contract with the Department of Environmental Services; conducting an ALTA boundary survey and subdivision plat; initial archaeological field work and reports necessary to coordinate with the State Historic Preservation Office for the necessary scope of a final Cultural Resource Information System study; and coordinating with the United States Army Corps of Engineers for technical documents and plans necessary to secure the release of an existing spoil easement, the Georgia Department of Transportation (GDOT), and the United States Corps of Engineers (Corps) to construct a port logistics facility on an approximately 100-acre tract of land (Logistics Site) in Jasper County on the South Carolina side of the Savannah River, adjacent to Highway 17, proximate to the Talmadge Bridge, and across the river from Hutchinson Island to serve warehousing and cold storage needs. The Logistics Site is one of the seven Dredged Material Containment Areas (DMCA) designated in the Corps' Savannah Harbor Dredged Material Management Plan (DMMP), all of which are encumbered by a perpetual spoil easement (Spoil Easement) held by the Corps and used by the Corps for the disposal of materials dredged from the Savannah River, the Logistics Facility being shown on the DMMP as DMMP Tract 12A. The referenced negotiations by the SCRDA with the GPA, the GDOT, and the Corps shall include, without limitation, the potential acquisition and/or conveyance of fee simple title or other property interests in exchange for (1) the conveyance of fee simple title to DMMP Tract 12A, currently owned by the GDOT; and (2) the Corps' release of the Spoil Easement as an encumbrance on DMMP Tract 12A in order to allow said tract to be developed into a Logistics Site. SCSPA will work to facilitate an agreement to accommodate a cold storage facility or the Logistics Site as reasonably necessary in support of the referenced negotiations. Prior to receiving funds from SCSPA, SCRDA shall submit a written request to the Department of Commerce for the review and written approval of a distribution from SCSPA to SCRDA, which approval shall not be unreasonably withheld, with a copy of the written request by SCRDA and the written approval from the Department of Commerce to be provided to SCSPA prior to the distribution of funds. On or before January 31, 2025, SCRDA shall submit a written report to the President of the South Carolina Senate, the Speaker of the South Carolina House of Representatives, and the Governor of South Carolina, summarizing the substance of its negotiations and communications with GPA and recommending a course of action for consideration. /
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Senator DAVIS explained the amendment.
The amendment was adopted.
Senator CAMPSEN proposed the following amendment (SA\ 4025C003.JN.SA25.DOCX), which was carried over:
Amend the bill, as and if amended, Part IB, Section 102, ELECTION COMMISSION, page 483, by striking proviso 102.7 and inserting:
102.7. (ELECT: Training & Certification Program) All members and staff of County Boards of Voter Registration and Elections will receive a common curriculum to include core courses on the duties and responsibilities of county boards of voter registration and elections and electives to promote quality service and professional development. The State Election Commission shall make these courses available in various locations, including but not be limited to, the upstate, coastal, and midlands areas of the state. The State Election Commission also must make a course available online for members to fulfill the annual training requirement. Up to $35,000 of revenue generated by charging a fee to attend these courses may be retained and expended by the South Carolina Election Commission to help cover the cost of providing the training. Any balance in the training and certification account on June thirtieth, of the prior fiscal year may be carried forward and expended for the same purpose during the current fiscal year.
The State Election Commission is required to withhold the stipend of members who do not complete the training and certification program as required in Section 7-5-10 of the 1976 Code. Additionally, funds will also be withheld if a board member completes the training and certification program, but fails to complete at least one training course per year. The board member and members of that county's legislative delegation will be notified of the withholding of the stipend and the requirements needed to bring the member into compliance with the law. If a board member cannot complete the program or complete the required continuing education due to extenuating circumstances, the board member must submit a written request to the county legislative delegation for approval or funds will continue to be withheld as described in this proviso. If a board member does not become compliant with the law within eighteen months of initial notification of stipend withholding, the county's legislative delegation must replace that person on the board.
If a stipend is being withheld on the effective date of this act for the failure of a member to attend a required training course, then the stipend must be paid if the member signed up for a course that was later cancelled. /
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Senator CAMPSEN explained the amendment.
On motion of Senator CAMPSEN, the amendment was carried over.
Senator ADAMS proposed the following amendment (AM PORS RETURN TO WORK), which was carried over:
Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 494, after line 23, by adding an appropriately numbered new proviso to read:
/ (PEBA: Retired Member of PORS) A retired member of the Police Officers Retirement System (PORS), who has been retired for at least ninety consecutive calendar days, may be hired and return to employment covered by PORS. Such a member may earn up to fifty-five thousand dollars annually without affecting the monthly retirement allowance received from PORS. However, if a law enforcement officer holds a supervisory rank at the time of retirement, he shall not be eligible to return to a supervisory position pursuant to the requirements of this proviso. Returning to covered employment does not accrue additional service credit. /
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Senator ADAMS explained the amendment.
On motion of Senator ADAMS, the amendment was carried over.
Senators VERDIN and ZELL proposed the following amendment (AM EC ASSISTANCE PROGRAM), which was adopted (#5):
Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 496, after line 36, by adding an appropriately numbered new proviso to read:
/ (DOR: Emergency Commodity Assistance Program) For the Fiscal Year 2025-26, federally-earned emergency commodity assistance program funds from the United States Department of Agriculture are exempt from state income taxes. /
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Senator VERDIN explained the amendment.
The amendment was adopted.
Senator ALEXANDER proposed the following amendment (4025R002.CM.TCA.DOCX), which was adopted (#6):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 524, proviso 117.82, line 25, by striking proviso 117.82 and inserting:
117.82. (GP: Civil Conspiracy Defense Costs) For the current fiscal year, for any claim that has not reached a judgment, if a state or local government employee or former state or local government employee ("government employee") is personally sued for civil conspiracy, the employee must be provided legal counsel by the governmental entity and/or their insurer upon the submission of an affidavit executed by the agency head or his designee that the employee was acting within the scope of employment or in good faith. No insurer that provides insurance for any governmental entity may exclude coverage for civil conspiracy as provided for in this provision. The governmental entity and/or their insurer must pay any judgment rendered against any such government employee. Prior to trial, the court must make a final determination whether the action or decision giving rise to the suit was made by the government employee within the scope of their official duty or in good faith. If the court finds that the government employee was acting outside the scope of the employee's official duties or not in good faith, the government or their insurer shall not thereafter expend any funds to pay or defend the claim including funds for the employee's legal counsel. If the court finds the government employee was acting within the scope of their official duties, the employee is immune from suit, liability, and damages with respect to the civil conspiracy claim. The government may only expend funds to defend the claim if the determination is that the employee was acting within the scope of their official duties or in good faith. Nothing in this proviso prevents an insurance provider from defending and paying, respectively, any claims that the provider has contractually agreed to defend and pay.
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Senator GROOMS explained the amendment.
The amendment was adopted.
Senators DAVIS and CAMPSEN proposed the following amendment (SM LAND ACQUISITION), which was adopted (#7):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, proviso 117.164, page 558, lines 11-22, by amending the proviso to read:
/ (GP: Land Acquisitions) (A) Prior to entering into contracts to utilize funds appropriated or authorized by the General Assembly to acquire interests in land for natural resource protection and rural land preservation, including conservation easements (Land Protection Projects), the Department of Natural Resources, the Department of Parks, Recreation, and Tourism, the Office of Resilience, and the Forestry Commission, and the SC Conservation Bank (Resource Agencies) shall coordinate and collaborate with each other the SC Conservation Bank to maximize the most cost effective options available for the acquisition with the greatest public benefit. The Conservation Bank Resource Agencies shall coordinate with each other the Resource Agency to ensure that the funds are used for projects that support the agency's objectives, and do not substantially encroach upon another agency's objectives, the State's broader conservation objectives, and that demonstrate a satisfactory degree of financial leverage, partnerships, and other indicators of quality as determined by the Bank and Resource Agency Agencies.
(B) In addition to the requirements set forth above, collaboration and coordination shall include but are not limited to:
(1) Quarterly collaboration and planning meetings to coordinate on projects and ensure compliance with this Proviso,
(2) Consideration of easement versus acquisition strategies for a proposed project,
(3) Consideration of a proposed project's importance in terms of natural conservation, historic resource protection, flood mitigation, agricultural resource protection, or other applicable co-benefits,
(4) Consideration of public access, and
(5) Consideration of funding sources for the potential project.
(C)(1) Along with its statutorily required annual budget requests, each one of the Resource Agencies shall certify in writing to the Executive Budget Office that its budget requests for Land Protection Projects will conform with the requirements of this proviso, with a copy of that written certification being contemporaneously provided to the Chairman of the House Ways & Means Committee and the Chairman of the Senate Finance Committee.
(2) By August 15th of the fiscal year, the Executive Budget Office shall prepare a report to the General Assembly of the properties acquired in prior fiscal year, the funding sources for the acquisition, the identification of any reductions in the state's basis in the property including owner agreement to sell below market value and any grants applied to the acquisition, and the intended agency for long-term management of the acquisition.
(D) Where required, the acquisitions process shall follow the existing JBRC and SFAA approval processes. The Resource Agency acquiring the interest in land, any Resource Agency directly participating in the acquisition financially or otherwise, and the Conservation Bank shall continue to submit a Proviso compliance certification document when submitting a project. /
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Senator DAVIS explained the amendment.
The amendment was adopted.
Senator DAVIS proposed the following amendment (SM LAND ACQUISITION PROCESS), which was adopted (#8):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 565, proviso 117.203, line 21-36, by striking the proviso in its entirety.
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Senator DAVIS explained the amendment.
The amendment was adopted.
Senators LEBER, PEELER, CASH, GARRETT, KIMBRELL, CORBIN, GOLDFINCH, FERNANDEZ, RICE, CHAPLIN, KENNEDY, STUBBS, CLIMER, ZELL and GROOMS proposed the following amendment (DG\4025C005.CC.DG25.DOCX), which was adopted (#9):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:
/ (GP: Oath of Office) All members of any state board or commission, or any board or commission of any political subdivision of this State, including school districts, must take the oath of office set forth in Article VI, Section 5 of the Constitution of this State. By July 31, 2025, the chairman of all such boards and commissions must certify that each of their board or commission members have taken the oath of office. Any such board or commission that does not provide such certification shall not receive any direct or indirect funding appropriated within this act. Such certification shall be made to the agency under which the funds are initially appropriated to within this act. /
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Senator LEBER explained the amendment.
Senator SUTTON raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator LEBER spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator LEBER continued speaking on the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Blackmon Campsen Cash Climer Corbin Cromer Davis Devine Elliott Fernandez Gambrell Garrett Goldfinch Graham Grooms Hembree Hutto Jackson Kennedy Kimbrell Leber Martin Massey Matthews Nutt Peeler Rankin Reichenbach Rice Sabb Stubbs Turner Verdin Walker Young Zell
Sutton
The amendment was adopted.
Senator KIMBRELL proposed the following amendment (AM AIR CHARTER SERVICES), which was carried over:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:
/ (GP: Air Charter Services) From the funds appropriated in this act, no South Carolina public school, college, university, or other such entity shall utilize any air charter service that is not properly certified by the Federal Aviation Administration under Code of Federal Regulations Part 121 or Part 135 for legal air charter services to carry any sports team, collegiate club, or other related party on behalf of such entity. /
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Senator KIMBRELL explained the amendment.
On motion of Senator KIMBRELL, the amendment was carried over.
Senator KIMBRELL proposed the following amendment (AM FUND INVESTMENT), which was adopted (#10):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:
/ (GP: Fund Investment) In the current fiscal year, the Office of State Treasurer nor the Retirement System Investment Commission may invest any funds under their control in investments who consider an investment factor whose pecuniary effect is not directly tied to maximizing investment returns. /
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Senator KIMBRELL explained the amendment.
The amendment was adopted.
Senators CORBIN, PEELER, MASSEY, HEMBREE, BENNETT, TURNER, WALKER, ZELL, CROMER KIMBRELL proposed the following amendment (AM GRANTS AND CONTRACTS), which was adopted (#11):
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:
/ (GP: Third-Party Grants and Contracts) Each state agency receiving funds that are then awarded as a grant or contract to any third-party organization including, but not limited to, nonprofits, for-profit businesses, and local governments shall require from each recipient organization a plan of how the state funds will be spent and how the expenditures will provide a public benefit. Prior to disbursing funds to any organization subject to this proviso, the Chief Executive Officer, or their equivalent, and the Chairman of the governing board, or their equivalent, shall acknowledge, in writing, that they are subject to relevant civil and criminal penalties for misuse of these funds. They shall further acknowledge that records of funding awarded as a grant or contract from a state agency are subject to review by the Office of the Inspector General, State Auditor, and the contracting or granting agency. Each receiving entity shall be required to retain relevant records for five years. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator CORBIN explained the amendment.
The amendment was adopted.
Senator DEVINE proposed the following amendment (DG\ 4025C002.CC.DG25.DOCX), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 566, after line 27, by adding an appropriately numbered new proviso to read:
/ (GP: Speed-safety system program) (A) In the current fiscal year, the Department of Transportation and Department of Public Safety shall operate a pilot program to employ speed-safety systems in school zones in the manner set forth herein this proviso. The Department of Public Safety shall consult with local law enforcement agencies to determine the location of each speed-safety system. Except as provided otherwise, revenues resulting from the pilot program may be used to operate the program. For agencies employing a speed-safety system, on a roadway in a school zone established under this proviso:
(1) before activating an unmanned stationary speed-monitoring system, the local jurisdiction shall:
(a) publish notice of the location of the speed-monitoring system on its website;
(b) ensure that each sign that designates a school zone indicates that speed-safety systems are in use in school zones;
(c) regarding a speed-safety system, ensure that all speed limit signs approaching and within the segment of roadway on which the speed-monitoring system is located include signs that:
(i) are in accordance with the manual and specifications for the uniform system of traffic control devices; and
(ii) indicate that a speed-safety system is in use; and
(d) issue warning notices for the first thirty days; and
(2) A speed-safety system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m. The Department of Public Safety, along with local law enforcement agencies, shall develop and implement a public awareness campaign to ensure that the general public is aware of the pilot program and its associated parameters.
(B) A speed-safety system operator shall complete training by a manufacturer of speed-monitoring systems in the procedures for setting up and operating the speed-monitoring system. The manufacturer shall issue a signed certificate to the speed-monitoring system operator on completion of the training. The certificate of training shall be admitted as evidence in any hearing proceeding for a violation of this proviso. A speed-monitoring system operator shall fill out and sign a set-up log for a speed-monitoring system that:
(1) states that the speed-safety system operator successfully performed the manufacturer-specified self-test of the speed-monitoring system prior to producing a recorded image;
(2) shall be kept on file and shall be admitted as evidence in any hearing proceeding for a violation of this section.
(C) A speed-safety system shall undergo a calibration check performed by a calibration agency. The calibration agency shall issue a signed certificate of calibration after the calibration check that must be:
(1) kept on file; and
(2) admitted as evidence in any hearing proceeding for a violation of this proviso.
(D) A speed-safety system shall not produce a recorded image unless a certified peace officer has initiated operation of the system.
(E)(1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (G)(4), the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed-safety system while being operated in violation of this proviso.
(2) A civil penalty under this subsection may not exceed one hundred dollars.
(3) For purposes of this proviso, the agency shall prescribe a:
(a) uniform citation form consistent with subsection (G)(1); and
(b) civil penalty, which must be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in front of a hearing officer.
(F)(1) An agency shall mail to an owner liable under subsection (E) a citation that shall include:
(a) the name and address of the registered owner of the vehicle;
(b) the registration number of the motor vehicle involved in the violation;
(c) the violation charged;
(d) the location where the violation occurred;
(e) the date and time of the violation;
(f) a copy of the recorded image;
(g) the amount of the civil penalty imposed and the date by which the civil penalty should be paid;
(h) a signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of this proviso;
(i) a statement that recorded images are evidence of a violation of this proviso;
(j) information advising the person alleged to be liable under this proviso of the manner and time in which liability as alleged in the citation may be contested with a hearing officer; and
(k) information advising the person alleged to be liable under this proviso that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability.
(2) An agency may mail a warning notice instead of a citation to the owner liable under subsection (E).
(3) Except as provided in subsection (G)(4), an agency may not mail a citation to a person who is not a motor vehicle owner.
(4) Except as provided in subsection (G)(4), a citation issued under this proviso must be mailed no later than two weeks after the alleged violation if the vehicle is registered in this State, and thirty days after the alleged violation if the vehicle is registered in another state.
(5) A person who receives a citation may:
(a) pay the civil penalty, in accordance with instructions on the citation, directly to the political subdivision; or
(b) elect to appeal their citation with a hearing officer for the alleged violation.
(G)(1) A certificate alleging that the violation of this section occurred and the requirements under subsection (A) have been satisfied, sworn to, or affirmed by a law enforcement officer assigned to an agency, based on inspection of recorded images produced by a speed-monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this proviso.
(2) Adjudication of liability shall be based on a preponderance of evidence.
(H)(1) A municipality shall establish a nonjudicial administrative hearing process to review objections to citations or penalties issued or assessed under this section. The municipality may assign a hearing officer to review objections.
(2) The hearing officer may consider in defense of a violation:
(a) that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;
(b) subject to item (3), evidence that the person named in the citation was not operating the vehicle at the time of the violation; and
(c) any other issues and evidence that the hearing officer deems pertinent.
(3) To demonstrate that the motor vehicle or the registration plate was stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plate was filed in a timely manner.
(4) The person named in the citation shall provide to the hearing officer a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(a) states the person named in the citation was not operating the vehicle at the time of the violation; and
(b) includes any other corroborating evidence.
(5)(a) If the hearing officer finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under identifying the person driving the vehicle at the time of the violation, the hearing officer shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(b) On receipt of substantiating evidence from the hearing officer, an agency may issue a citation to the person who the evidence indicates was operating the vehicle at the time of the violation.
(c) A citation must be mailed no later than two weeks after receipt of the evidence from the hearing officer.
(I) A violation for which a civil penalty is imposed under this proviso:
(1) is not a moving violation for the purpose of assessing points under Title 56 of the SC Code;
(2) may not be recorded by the agency on the driving record of the owner or driver of the vehicle;
(3) may be treated as a parking violation under Title 56 of the SC Code; and
(4) may not be considered in the provision of motor vehicle insurance coverage.
(J) If a contractor operates a speed-monitoring system on behalf of an agency, the contractor's fee may not be contingent on a percentage of the fine amount.
(K) Revenue generated by the use of speed-safety systems must be used by municipalities only for public safety, traffic safety, or educational initiatives.
(L) As contained in this proviso:
(1) "Agency" means:
(a) a law enforcement agency of a local political subdivision that is authorized to issue a citation for a violation of local traffic laws or regulations and has a population that is equal to or greater than twenty-five thousand citizens; or
(b) for a municipal corporation with a population equal to or greater than twenty-five thousand citizens that does not maintain a police force, an agency established or designated by the municipal corporation to implement this article using speed-safety systems in accordance with this article.
(2) "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. "Owner" does not include:
(a) a motor vehicle rental or leasing company; or
(b) a holder of a special registration plate.
(3) "Recorded image" means an image recorded by a speed-safety system on:
(a) a photograph;
(b) a microphotograph;
(c) an electronic image;
(d) videotape; or
(e) any other medium and showing:
(i) the rear of a motor vehicle;
(ii) at least two time-stamped images of the motor vehicle; and
(iii) on at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
(4) "Speed-safety system" means a device with one or more scanning lidar motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least five miles-per-hour above the posted speed limit.
(5) "Hearing officer" means a municipal employee who is specifically assigned to the nonjudicial administrative hearing process to review objections to citations or penalties issued or assessed under this section.
(6) "Speed-safety system operator" means an employee of an agency or contractor who has been trained and certified to setup and operate a speed-monitoring system in accordance with manufacturer guidelines. /
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DEVINE explained the amendment.
Senator GROOMS raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator DEVINE continued speaking on the amendment.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator DAVIS proposed the following amendment (AM PRT REALLOCATION), which was adopted (#12):
Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 604, proviso 118.22, by striking line 20.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 604, proviso 118.22, line 22, by striking /$2,000,000/ and inserting /$4,000,000/.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 604, proviso 118.22, line 23, by striking /$1,000,000/ and inserting /$3,000,000/.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DAVIS explained the amendment.
The amendment was adopted.
Senator DAVIS proposed the following amendment (AM HEALTH PROGRAMS), which was adopted (#13):
Amend the bill, as and if amended, Part IB, Section 31, DEPARTMENT OF PUBLIC HEALTH, page 373, proviso 31.49, lines 1-9, by striking the proviso in its entirety.
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator DAVIS explained the amendment.
The amendment was adopted.
On motion of Senator PEELER, with unanimous consent, H. 4025, the General Appropriations Bill, was read a second time, carrying over all amendments to third reading with all members reserving their rights as to Points of Order.
The Bill was read the second time, passed and ordered to a third reading.
H. 4026 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2024-2025, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
The Senate proceeded to the consideration of the Resolution.
The Committee on Finance proposed the following amendment (LC-4026.DG0002S), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:
SECTION X. In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the S.C. Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2024-2025 the following amounts:
(1) J020 Department of Health and Human Services
Neurological Critical Care and Rehabilitation Services
in South Carolina $150,000,000
(2) D500 Department of Administration
State Owned Buildings Security Upgrades $21,070,682
(3) E240 Adjutant General's Office
SCEMD - Declared Disasters Relief $198,713,200
Renumber sections to conform.
Amend title to conform.
Senator TURNER explained the amendment.
The amendment was adopted.
The question being the second reading of the Resolution.
Senator PEELER 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.
There was no objection.
There being no further amendments, the Resolution, as amended, was read the second time, passed and ordered to a third reading.
On motion of Senator PEELER, the Senate agreed that if and when the Senate stands adjourned today, that it will adjourn to meet tomorrow morning at 10:00 A.M.
On motion of Senator PEELER, the Senate agreed to stand adjourned.
On motion of Senator OTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Jose Maria Gonzales Linares of West Columbia, S.C. Jose was an eighth-grade student at Pine Ridge Middle School in Lexington School District Two. He was always smiling, happy, nice, kind, caring and helpful. Jose was smart and worked hard. He enjoyed spending time with friends and family. Jose touched the lives of everyone who knew him and was loved by many. Jose was a loving son and devoted brother who will be dearly missed.
On motion of Senator OTT, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Randy Palmer Hughes of North, S.C. Randy graduated from Norway High School and attended Clemson University, leaving early to return home and operate the family farm. He was a devoted husband of Cathy C. Hughes for fifty-three years and father of two daughters. For more than forty-two years, his agricultural knowledge and love of farming was utilized to serve the farmers of his community as a Farm Bureau insurance agent and a crop insurance agent until he retired in 2024. Randy was a man of strong faith and a devoted member of Livingston Methodist Church. He loved the land, and it is fitting that on Earth Day 2025 he will leave this earth on his eternal journey. Randy was a loving husband and devoted father who will be dearly missed.
At 5:18 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 10:00 A.M.
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