South Carolina General Assembly
125th Session, 2023-2024
Journal of the House of Representatives

NO. 36

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________

WEDNESDAY, MARCH 8, 2023
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 33:8: "Let all the earth fear the Lord; let all the inhabitants of the world stand in awe of Him."

Let us pray. God, thank You for Your care and guidance. Help us trust the future You have in store for us. We hope for the trust that You, O Lord, have given us a plan amid our human dreams and schemes. Holy Spirit, give these women and men the power that we can discern Your call. Bless each as we all go about the business at hand. Guide these Representatives and Staff as they do the work for the people. Bless our World, Nation, President, State, Governor, Speaker, Staff, and all who give of their time and space for this great cause. Heal the wounds, those seen and those hidden, of our great warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KING moved that when the House adjourns, it adjourn in memory of Andrew P. "A.P." Corley, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Sandy Jones.

SILENT PRAYER

The House stood in silent prayer for Representative Henegans's husband, Ron Henegan.

SILENT PRAYER

The House stood in silent prayer for the family and friends of former circut judge Richard Fields.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 7, 2023
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

LOCAL APPOINTMENT
Pickens County Master-in-Equity
Term Commencing: 07/01/2023
Term Expiring: 06/30/2029
Vice: New Seat

Adam Lambert
122 New Haven Court
Easley, South Carolina 29640

Very Respectfully,
President of the Senate

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. BANNISTER, from the Committee on Ways and Means, submitted a favorable report on:

H. 4088 (Word version) -- Reps. G. M. Smith, Bannister, Hiott, Rutherford, Bernstein, Garvin, Ballentine, McDaniel, Bauer, Howard, J. L. Johnson, Rose, Murphy, Robbins, Gatch, Hart and Thigpen: A JOINT RESOLUTION TO APPROPRIATE FUNDING FOR CERTAIN INFRASTRUCTURE AND PURPOSES TO FOSTER ECONOMIC DEVELOPMENT AND PRESCRIBE THE APPROPRIATE PURPOSES, TERMS, AND CONDITIONS.
Ordered for consideration tomorrow.

Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:

H. 4066 (Word version) -- Rep. B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 7-9-80 AND 7-9-100, RELATING TO THE COUNTY AND STATE CONVENTIONS OF A POLITICAL PARTY, RESPECTIVELY, SO AS TO CHANGE THE FORMULA FOR DETERMINING HOW MANY DELEGATES EACH COUNTY MAY ELECT TO THE STATE CONVENTION; BY AMENDING SECTION 7-17-560, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO HEAR CERTAIN PRIMARY PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEE TO ALSO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS, LESS THAN COUNTY OFFICERS, AND MUNICIPAL OFFICERS, TO AUTHORIZE THE STATE EXECUTIVE COMMITTEE TO ADOPT A RESOLUTION TO REQUIRE THE FILING OF ANY PROTEST OR CONTEST TO BE ACCOMPANIED BY A BOND WITH SURETY, AND TO PROVIDE FOR APPEALS FROM DECISIONS BY THE STATE EXECUTIVE COMMITTEE; BY AMENDING SECTION 7-17-570, RELATING TO HEARINGS OF PRIMARY PROTESTS AND CONTESTS, SO AS TO EXTEND THE TIME IN WHICH THE STATE EXECUTIVE COMMITTEE MUST CONDUCT SUCH HEARINGS; BY AMENDING SECTION 5-15-80, RELATING TO MUNICIPAL PRIMARY PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT SUCH PROTESTS AND CONTESTS ARE TO BE FILED, HEARD, AND DECIDED IN THE MANNER PROVIDED IN SECTIONS 7-17-560 AND 7-17-570; AND BY REPEALING SECTIONS 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-580, AND 7-17-590 ALL RELATING TO PRIMARY PROTESTS AND CONTESTS FOR CERTAIN OFFICES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4090 (Word version) -- Reps. Landing, Leber, M. M. Smith, Bustos, Hartnett, Hewitt, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Lawson, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO HONOR THE WANDO HIGH SCHOOL BOYS CROSS COUNTRY TEAM FOR A SUCCESSFUL SEASON AND TO CONGRATULATE THE TEAM MEMBERS AND THEIR COACH ON WINNING THE 2022 CLASS AAAAA STATE CHAMPIONSHIP.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4091 (Word version) -- Reps. Landing, Leber, M. M. Smith, Bustos, Hartnett, Hewitt, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Lawson, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE WANDO HIGH SCHOOL BOYS SWIM TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2022 SOUTH CAROLINA CLASS AAAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4092 (Word version) -- Reps. S. Jones, Chumley, Burns, White, Long, Haddon, Willis, Vaughan, Gilliam, M. M. Smith, Bailey, Bustos and Landing: A HOUSE RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO VOTE AGAINST REMOVAL OF THE CONFEDERATE MEMORIAL AT ARLINGTON NATIONAL CEMETERY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:

H. 4093 (Word version) -- Reps. Henegan, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PASTOR AND CONGREGATION OF BEAVER DAM BAPTIST CHURCH IN MARLBORO COUNTY AND TO CONGRATULATE THEM FOR THEIR HISTORY OF MORE THAN ONE HUNDRED THIRTY-FIVE YEARS AS THEY CELEBRATE THEIR 2023 HOMECOMING.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4094 (Word version) -- Reps. Pendarvis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR FRANCES SCOTT, A NURSING ASSISTANT AT BON SECOURS ST. FRANCIS HOSPITAL, UPON THE OCCASION OF HER RETIREMENT AFTER FIFTY YEARS OF EXEMPLARY SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4095 (Word version) -- Reps. Wooten, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE GRAY COLLEGIATE ACADEMY GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXTRAORDINARY SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2022 SOUTH CAROLINA CLASS AA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4096 (Word version) -- Rep. Hardee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF S-26-31/RED BLUFF ROAD AND S-26-66 IN HORRY COUNTY THE "CHRISTOPHER AND MILES WADDELL MEMORIAL INTERSECTION" AND PLACE APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4097 (Word version) -- Rep. Gilliam: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 IN UNION COUNTY ONE MILE IN EACH DIRECTION FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 114 "WILLIAM THOMAS 'BO' KEITH MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT APPROPRIATE LOCATIONS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4098 (Word version) -- Reps. Bauer, Gibson, Kirby, Robbins, J. L. Johnson, Bradley, Brewer, Haddon, S. Jones, Gilliam, Erickson, Burns, King, B. L. Cox, Guffey, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Beach, Bernstein, Blackwell, Brittain, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Felder, Forrest, Gagnon, Garvin, Gatch, Gilliard, Guest, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, W. Jones, Jordan, Kilmartin, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR IRISH AMERICANS WHOSE FAMILIES MADE AMERICA THEIR HOME AND TO CELEBRATE SAINT PATRICK'S DAY WITH THEM ON MARCH 17, 2023.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4099 (Word version) -- Reps. B. Newton, Neese, Mitchell and Yow: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 7-7-350, RELATING TO DESIGNATION OF VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO ADD ONE PRECINCT AND TO REDESIGNATE THE MAP NUMBER ON WHICH THESE PRECINCTS MAY BE FOUND ON FILE WITH THE REVENUE AND FISCAL AFFAIRS OFFICE.
On motion of Rep. B. NEWTON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4100 (Word version) -- Reps. Crawford, Guest, Hewitt, Schuessler, B. Newton, B. L. Cox and Brittain: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-17-165 SO AS TO PROVIDE THAT ON JULY 1, 2025, THE AREA OF EACH COUNTY OF THIS STATE ALSO MUST BE CONSTITUTED AS A SCHOOL DISTRICT AND A COUNTY MAY NOT HAVE MULTIPLE SCHOOL DISTRICTS WITHIN ITS BOUNDARIES, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LOCAL LAW BEFORE JULY 1, 2025, SHALL PROVIDE FOR THE GOVERNANCE, FISCAL AUTHORITY, AND ADMINISTRATIVE AND OPERATIONAL RESPONSIBILITIES FOR A COUNTYWIDE SCHOOL DISTRICT WHERE NO PROVISIONS OF LAW NOW APPLY; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS RELATING TO A SCHOOL DISTRICT THAT IS NOT A COUNTYWIDE SCHOOL DISTRICT REQUIRED BY SECTION 59-17-165 ARE REPEALED AS OF JULY 1, 2025.
Referred to Committee on Education and Public Works

H. 4101 (Word version) -- Reps. McDaniel and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 22 TO CHAPTER 23, TITLE 57 SO AS TO CREATE THE "PIEDMONT GATEWAY SCENIC BYWAY" AND TO IDENTIFY THE THREE SEGMENTS THAT COMPRISE THE BYWAY.
Referred to Committee on Education and Public Works

H. 4102 (Word version) -- Reps. Trantham, Burns, West, Vaughan, Willis, Elliott, Wooten, Gatch, Erickson, A. M. Morgan, T. A. Morgan, Pedalino, Beach, Cromer, White, Kilmartin, Hager, S. Jones, Ballentine and Lowe: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 1-3-470, RELATING TO LOWERING FLAGS UPON DEATH IN LINE OF DUTY, SO AS TO ADD AN EMERGENCY MEDICAL TECHNICIAN; BY AMENDING SECTION 6-11-1460, RELATING TO EMERGENCY VOLUNTEER JOB PROTECTION, SO AS TO PROVIDE CERTAIN VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL SERVICES PERSONNEL A DEATH BENEFIT; BY AMENDING SECTIONS 9-1-1770 AND 9-11-120, RELATING TO THE PRERETIREMENT DEATH BENEFIT PROGRAM UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE FOR A DEATH BENEFIT FOR EMERGENCY MEDICAL TECHNICIANS KILLED IN THE LINE DUTY, TO PROVIDE FOR THE AMOUNT OF THE BENEFIT, TO PROVIDE WHO SHALL RECEIVE THE DEATH BENEFIT PAYMENT, AND TO PROVIDE THE SOURCE OF THE REVENUE FOR THE PAYMENT; BY ADDING SECTION 12-6-1172 SO AS TO ALLOW A SOUTH CAROLINA INCOME TAX DEDUCTION OF ALL MILITARY RETIREMENT OR FIRST RESPONDER RETIREMENT INCOME; BY AMENDING SECTION 12-6-1170, RELATING TO THE RETIREMENT INCOME DEDUCTION, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 12-37-220, RELATING TO GENERAL EXEMPTION FROM TAXES, SO AS TO PROVIDE THAT A QUALIFIED SURVIVING SPOUSE ALSO MEANS CERTAIN SURVIVING SPOUSES OF EMERGENCY MEDICAL TECHNICIANS; AND BY AMENDING SECTION 59-111-110, RELATING TO WAIVED TUITION, SO AS TO PROVIDE THAT THE CHILDREN OF CERTAIN EMERGENCY MEDICAL TECHNICIANS ALSO QUALIFY FOR CERTAIN WAIVED TUITION; BY AMENDING SECTION 1-11-730, RELATING TO PERSONS WHO ARE ELIGIBLE FOR THE STATE HEALTH AND DENTAL PLAN COVERAGE, SO AS TO INCLUDE A SPOUSE AND DEPENDENT OF A FIRST RESPONDER WHO IS KILLED IN THE LINE OF DUTY AND IS EMPLOYED BY THE STATE OR COUNTY OR MUNICIPAL AGENCY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Beach
Bernstein                Blackwell                Bradley
Brewer                   Brittain                 Burns
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Chumley
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Felder
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hager                    Hardee
Harris                   Hart                     Hartnett
Hayes                    Herbkersman              Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            S. Jones
W. Jones                 Jordan                   Kilmartin
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     Magnuson
May                      McCabe                   McCravy
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 A. M. Morgan
T. A. Morgan             Moss                     Murphy
Neese                    B. Newton                W. Newton
Nutt                     O'Neal                   Oremus
Ott                      Pace                     Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Trantham                 Vaughan                  Weeks
West                     Wetmore                  Wheeler
White                    Williams                 Willis
Wooten                   Yow                      

Total Present--119

STATEMENT OF ATTENDANCE

Rep. GATCH signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 7.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HENEGAN a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHITMIRE a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HENDERSON-MYERS a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Matthew Cannon of Spartanburg was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. HIOTT presented to the House the Pickens High School Lady "Blue Flame" Championship Golf Team, coaches, and other school officials.

SPECIAL PRESENTATION

Rep. PEDALINO presented to the House the East Clarendon High School "Wolverines" Championship Golf Team, coaches, and other school officials.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:

"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSORS ADDED

Bill Number:   H. 3014 (Word version)
Date:   ADD:
03/08/23   TEDDER and ALEXANDER

CO-SPONSORS ADDED

Bill Number:   H. 3019 (Word version)
Date:   ADD:
03/08/23   RIVERS and GILLIARD

CO-SPONSOR ADDED

Bill Number:   H. 3249 (Word version)
Date:   ADD:
03/08/23   A. M. MORGAN

CO-SPONSORS ADDED

Bill Number:   H. 3279 (Word version)
Date:   ADD:
03/08/23   BREWER and ROSE

CO-SPONSOR ADDED

Bill Number:   H. 3295 (Word version)
Date:   ADD:
03/08/23   ALEXANDER

CO-SPONSOR ADDED

Bill Number:   H. 3305 (Word version)
Date:   ADD:
03/08/23   FORREST

CO-SPONSORS ADDED

Bill Number:   H. 3360 (Word version)
Date:   ADD:
03/08/23   FORREST, B. NEWTON and CASKEY

CO-SPONSOR ADDED

Bill Number:   H. 3394 (Word version)
Date:   ADD:
03/08/23   ELLIOTT

CO-SPONSOR ADDED

Bill Number:   H. 3529 (Word version)
Date:   ADD:
03/08/23   BALLENTINE

CO-SPONSOR ADDED

Bill Number:   H. 3689 (Word version)
Date:   ADD:
03/08/23   CASKEY

CO-SPONSORS ADDED

Bill Number:   H. 3690 (Word version)
Date:   ADD:
03/08/23   B. NEWTON and HEWITT

CO-SPONSORS ADDED

Bill Number:   H. 3726 (Word version)
Date:   ADD:
03/08/23   ALEXANDER, POPE, HIXON, FORREST and KING

CO-SPONSOR ADDED

Bill Number:   H. 3738 (Word version)
Date:   ADD:
03/08/23   ALEXANDER

CO-SPONSORS ADDED

Bill Number:   H. 3822 (Word version)
Date:   ADD:
03/08/23   GUFFEY and SESSIONS

CO-SPONSORS ADDED

Bill Number:   H. 3832 (Word version)
Date:   ADD:
03/08/23   GUFFEY and SESSIONS

CO-SPONSOR ADDED

Bill Number:   H. 3843 (Word version)
Date:   ADD:
03/08/23   WILLIAMS

CO-SPONSOR ADDED

Bill Number:   H. 3845 (Word version)
Date:   ADD:
03/08/23   O'NEAL

CO-SPONSOR ADDED

Bill Number:   H. 3890 (Word version)
Date:   ADD:
03/08/23   B. NEWTON

CO-SPONSOR ADDED

Bill Number:   H. 3895 (Word version)
Date:   ADD:
03/08/23   A. M. MORGAN

CO-SPONSOR ADDED

Bill Number:   H. 3926 (Word version)
Date:   ADD:
03/08/23   ALEXANDER

CO-SPONSOR ADDED

Bill Number:   H. 3951 (Word version)
Date:   ADD:
03/08/23   WILLIS

CO-SPONSOR ADDED

Bill Number:   H. 3964 (Word version)
Date:   ADD:
03/08/23   KILMARTIN

CO-SPONSORS ADDED

Bill Number:   H. 4041 (Word version)
Date:   ADD:
03/08/23   MURPHY, BREWER, ROBBINS, SANDIFER and MITCHELL

CO-SPONSORS ADDED

Bill Number:   H. 4060 (Word version)
Date:   ADD:
03/08/23   MURPHY, BREWER and MITCHELL

CO-SPONSOR ADDED

Bill Number:   H. 4086 (Word version)
Date:   ADD:
03/08/23   NUTT

CO-SPONSORS ADDED

Bill Number:   H. 4088 (Word version)
Date:   ADD:
03/08/23   MURPHY, ROBBINS, GATCH, HART and THIGPEN

CO-SPONSOR REMOVED

Bill Number:   H. 3014 (Word version)
Date:   REMOVE:
03/08/23   LAWSON and MOSS

CO-SPONSOR REMOVED

Bill Number:   H. 3871 (Word version)
Date:   REMOVE:
03/08/23   B. NEWTON

LEAVE OF ABSENCE

The SPEAKER granted Rep. HIOTT a temporary leave of absence.

SPEAKER PRO TEMPORE IN CHAIR

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate:

H. 3905 (Word version) -- Reps. Hixon and Clyburn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-13-920, RELATING TO THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR FILLING A BOARD VACANCY FOR PHYSICAL OR MENTAL INCAPACITATION OR NONATTENDANCE; AND BY AMENDING SECTION 6-13-1010, RELATING TO PENALTIES FOR INJURING OR DESTROYING FACILITIES OF THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE PENALTIES.

H. 3750 (Word version) -- Reps. Erickson, Alexander, Kirby, Robbins, Brewer, Rivers, Bradley, W. Newton, Hager, Ballentine, Elliott, Caskey, Wooten, Wetmore, Bannister, Herbkersman and Willis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD PLANNING FOR REPAIRS TO BRIDGES, HIGHWAYS, ROADS, AND OTHER IMPROVEMENTS ON THE STATE'S RIGHTS OF WAY TO THE LIST OF EXEMPTIONS AND TO PROVIDE CERTAIN EXCEPTIONS.

H. 3204 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-55-420, RELATING TO PSYPACT DISPUTE RESOLUTION, SO AS TO PROVIDE FOR THE UNITED STATES DISTRICT COURT OF GEORGIA TO RESOLVE DISPUTES.

H. 3866 (Word version) -- Rep. Rutherford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 1-7-95 SO AS TO CLARIFY THAT, WHEN THE ATTORNEY GENERAL PROCEEDS IN THE PUBLIC INTEREST, THE ATTORNEY GENERAL DOES NOT UNDERTAKE REPRESENTATION OF STATE AGENCIES AND CANNOT BE CONSIDERED TO HAVE POSSESSION, CUSTODY, OR CONTROL OVER STATE AGENCY DOCUMENTS OR ELECTRONICALLY STORED INFORMATION; AND BY ADDING SECTION 39-5-55 SO AS TO SPECIFY THAT THE ATTORNEY GENERAL IS ACTING IN THE PUBLIC INTEREST OF THE STATE IN UNFAIR TRADE PRACTICE PROCEEDINGS, AND TO PROVIDE AN EXCEPTION.

H. 3308--DEBATE ADJOURNED

The following Bill was taken up:

H. 3308 (Word version) -- Reps. Gilliam, McCravy, Felder, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-21-720, RELATING TO CERTIFICATION OF SCHOOL PSYCHOLOGISTS BY THE STATE DEPARTMENT OF EDUCATION, SO AS TO PROVIDE THAT IN DETERMINING ELIGIBILITY FOR CERTIFICATION, THE DEPARTMENT MAY ACCEPT THE CREDENTIALS OF SCHOOL PSYCHOLOGISTS, SOCIAL WORKERS, AND SCHOOL GUIDANCE COUNSELORS CERTIFIED IN OTHER STATES TO SERVE AS SCHOOL PSYCHOLOGISTS IN THIS STATE UPON DEMONSTRATING COMPLIANCE WITH CREDENTIALING REQUIREMENTS OF THIS STATE, AND TO PROVIDE FOR THE ISSUANCE OF TEMPORARY CERTIFICATION FOR APPLICANTS WHO NEED TO MEET THESE REQUIREMENTS.

Rep. ERICKSON moved to adjourn debate on the Bill until Tuesday, March 28, which was agreed to.

H. 3019--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3019 (Word version) -- Reps. King, Leber, Henegan, Murphy, Brewer, Robbins, Schuessler, Guest, Cobb-Hunter, J. L. Johnson, Mitchell, Weeks, McDaniel, Rivers and Gilliard: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-1-43 SO AS TO PROVIDE FOR THE DESTRUCTION OF ARREST RECORDS OF PERSONS ARRESTED AS A RESULT OF MISTAKEN IDENTITY NOT LATER THAN ONE HUNDRED EIGHTY DAYS AFTER AN INVESTIGATION BY A LAW ENFORCEMENT OR PROSECUTION AGENCY REVEALS THAT THE PERSON WAS ARRESTED AS A RESULT OF MISTAKEN IDENTITY AND TO PROVIDE THAT THE LAW ENFORCEMENT OR PROSECUTION AGENCY MAY NOT CHARGE OR COLLECT A FEE FOR THE DESTRUCTION OF ARREST RECORDS UNDER THESE CIRCUMSTANCES; AND BY ADDING SECTION 17-1-70 SO AS TO ALLOW PERSONS CHARGED WITH SPECIFIC OFFENSES TO PETITION TO HAVE THEIR CHARGES DISMISSED IF THEY HAVE NOT BEEN ADJUDICATED OR OTHERWISE DISMISSED AFTER A PERIOD OF TIME AND OTHER DELINEATED CONDITIONS ARE MET, AND TO PROVIDE PROCEDURES FOR THE DESTRUCTION OF THE RECORDS.

The Committee on Judiciary proposed the following Amendment No. 1 to H. 3019 (Word version) (LC-3019.AHB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-43(A) and inserting:

Section 17-1-43.   (A) Notwithstanding the provisions of Section 17-1-40, not later than one hundred eighty days after an investigation by a law enforcement or prosecution agency reveals that a person was arrested as a result of mistaken identity, the law enforcement or prosecution agency with appropriate jurisdiction shall destroy the arrest records of that person made as a result of mistaken identity. The law enforcement or prosecution agency, as appropriate, shall establish a review process for verifying that a person's arrest records relating to mistaken identity in which no charges were filed have been destroyed as provided in this section. Neither the law enforcement or prosecution agency may charge or collect a fee for the destruction of arrest records pursuant to the provisions of this section.
Renumber sections to conform.
Amend title to conform.

Rep. J. E. JOHNSON explained the amendment.
The amendment was then adopted.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 103; Nays 0

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Carter                   Caskey                   Chapman
Chumley                  Clyburn                  Collins
B. J. Cox                B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Guest
Guffey                   Haddon                   Hager
Hardee                   Hartnett                 Hayes
Herbkersman              Hewitt                   Hixon
Hosey                    Hyde                     J. E. Johnson
J. L. Johnson            S. Jones                 W. Jones
Jordan                   Kilmartin                King
Kirby                    Landing                  Lawson
Leber                    Ligon                    Long
Lowe                     Magnuson                 McCabe
McCravy                  McDaniel                 McGinnis
Mitchell                 T. Moore                 A. M. Morgan
Moss                     Neese                    B. Newton
W. Newton                O'Neal                   Oremus
Ott                      Pace                     Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Trantham
Vaughan                  Weeks                    West
Wetmore                  Wheeler                  White
Williams                 Willis                   Wooten
Yow                                               

Total--103

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I regretfully missed the roll call vote on H. 3019 (Word version). I support the destruction of arrest records for persons arrested as a result of mistaken identity. Therefore, I would have voted in favor of the bill had I been in Chamber.

Rep. RJ May

H. 3890--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3890 (Word version) -- Reps. Rose, Murphy, Brewer, Mitchell, Robbins, Schuessler, Guest, King and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 22-5-920, RELATING TO YOUTHFUL OFFENDER ELIGIBILITY FOR EXPUNGMENT OF CERTAIN OFFENSES, SO AS TO ALLOW EXPUNGMENT FOR CONVICTIONS INVOLVING A DRIVING UNDER SUSPENSION OFFENSE.

Rep. J. E. JOHNSON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 112; Nays 0

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Burns                    Bustos
Calhoon                  Carter                   Caskey
Chapman                  Chumley                  Clyburn
Collins                  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                   Hartnett                 Hayes
Herbkersman              Hewitt                   Hixon
Hosey                    Howard                   Hyde
Jefferson                J. E. Johnson            J. L. Johnson
S. Jones                 W. Jones                 Jordan
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 May                      McCabe
McCravy                  McDaniel                 McGinnis
Mitchell                 T. Moore                 A. M. Morgan
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
O'Neal                   Oremus                   Ott
Pace                     Pedalino                 Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Trantham                 Vaughan                  Weeks
Wetmore                  Wheeler                  White
Williams                 Willis                   Wooten
Yow                                               

Total--112

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 3433--POINT OF ORDER

The following Bill was taken up:

H. 3433 (Word version) -- Reps. Hixon and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-5-2510, RELATING TO THE SUSPENSION OF SALTWATER PRIVILEGES FOR THE ACCUMULATION OF POINTS, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-5-2515, RELATING TO THE NOTICE OF SUSPENSION OF SALTWATER PRIVILEGES, SO AS TO MAKE A CONFORMING CHANGE; BY AMENDING SECTION 50-9-1140, RELATING TO THE SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO CHANGE THE METHOD FOR THE NOTICE OF SUSPENSION; BY AMENDING SECTION 50-9-1150, RELATING TO THE NOTICE OF SUSPENSION OF HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE THAT A PERSON OR ENTITY MAY APPEAL THE DECISION UNDER THE ADMINISTRATIVE PROCEDURES ACT; AND BY REPEALING SECTION 50-5-2545 RELATING TO POINTS FOR VIOLATIONS OF MARINE RESOURCES LAWS RECEIVED PRIOR TO THE EFFECTIVE DATE OF THE MARINE RESOURCES ACT OF 2000; AND BY REPEALING SECTION 50-9-1160 RELATING TO JUDICIAL REVIEW OF A SUSPENSION OF HUNTING AND FISHING PRIVILEGES.

POINT OF ORDER

Rep. FORREST made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3689--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3689 (Word version) -- Reps. Rutherford and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-21-860, RELATING TO RESTRICTIONS ON USE OF AIRBOATS, SO AS TO LIMIT USE ON THE BROAD RIVER.

The Committee on Agriculture, Natural Res. and Environmental Affairs proposed the following Amendment No. 1 to H. 3689 (Word version) (LC-3689.PH0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 50-21-860(D) and inserting:

(D) It is unlawful to operate an airboat on the waters of the Broad River in Richland County from one hour before legal sunset to one hour after legal sunrise.

(E) It is unlawful to operate an airboat on the waters of Stevens Creek in Edgefield County from one hour before legal sunset to one hour after legal sunrise.
Renumber sections to conform.
Amend title to conform.

Rep. FORREST explained the amendment.
The amendment was then adopted.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 88; Nays 1

Those who voted in the affirmative are:

Anderson                 Atkinson                 Bailey
Ballentine               Bamberg                  Bauer
Beach                    Blackwell                Bradley
Brewer                   Brittain                 Burns
Calhoon                  Carter                   Caskey
Chapman                  Chumley                  Clyburn
Collins                  B. J. Cox                B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Garvin                   Gatch                    Gibson
Gilliam                  Guest                    Haddon
Hager                    Hardee                   Harris
Hart                     Hayes                    Herbkersman
Hewitt                   Hixon                    Hosey
Hyde                     J. E. Johnson            J. L. Johnson
S. Jones                 W. Jones                 Jordan
King                     Kirby                    Lawson
Leber                    Ligon                    Long
Lowe                     McCabe                   McGinnis
Mitchell                 T. Moore                 A. M. Morgan
Murphy                   Neese                    B. Newton
W. Newton                O'Neal                   Oremus
Pace                     Pedalino                 Pope
Robbins                  Sandifer                 Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Vaughan                  Weeks                    West
Wetmore                  Willis                   Wooten
Yow                                               

Total--88

Those who voted in the negative are:

Guffey                                            

Total--1

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 3951--POINT OF ORDER

The following Bill was taken up:

H. 3951 (Word version) -- Reps. Haddon, G. M. Smith, Bannister, Hiott, Ligon, Hixon, Leber, Erickson, Forrest, Brewer, Murphy, Robbins and Willis: 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.

POINT OF ORDER

Rep. MAY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4300--POINT OF ORDER

The following Bill was taken up:

H. 4300 (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, 2023, 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.

POINT OF ORDER

Rep. BANNISTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 4301--POINT OF ORDER

The following Joint Resolution was taken up:

H. 4301 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2022-2023, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

POINT OF ORDER

Rep. BANNISTER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

H. 3014--REQUESTS FOR DEBATE WITHDRAWN AND REQUESTS FOR DEBATE

Reps. CROMER, OREMUS, MAGNUSON, HARRIS, MCCRAVY, BEACH, WHITE, MAY, MCCABE and KILMARTIN withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. STAVRINAKIS, OTT, ELLIOTT, B. J. COX, HART, WETMORE, BAUER, BERNSTEIN, GARVIN, WEST, KING, J. L. JOHNSON, JEFFERSON, W. JONES, DILLARD, WHEELER, GATCH, MCDANIEL, HOSEY, ANDERSON, HERBKERSMAN, BALLENTINE and W. NEWTON:

H. 3014 (Word version) -- Reps. Gilliard, Henegan, Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch, Kirby, Anderson, Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams, Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M. M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Felder, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Bailey, Schuessler, Blackwell, W. Jones, Dillard, Bauer, Sessions, T. Moore, J. L. Johnson, Jefferson, B. J. Cox, Garvin, B. L. Cox, Tedder and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CLEMENTA C. PINCKNEY HATE CRIMES ACT"; BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR CERTAIN CRIMES", TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE VICTIMS OF A VIOLATION OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.

POINT OF ORDER

Rep. MAGNUSON raised the Point of Order that members could not add their requests for debate to a bill during the period for "Withdrawal of Objections and Requests for Debate".

The SPEAKER PRO-TEMPORE stated that it was the long-standing practice of the House that once the door was opened by Members removing requests for debates or objections from a bill that other Members could add their requests for debate or objections. He stated that Members had removed their requests for debate from H. 3014 (Word version); however, five requests for debate remained on the Bill. Thus, the Bill remained on the contested calendar, did not move back to the uncontested calendar, and was not "ping-ponged". He reiterated that once requests for debate were removed that the door was opened and other Members could then add their requests for debate. He overruled the Point of Order.

OBJECTION TO RECALL

Rep. WHITE asked unanimous consent to recall H. 3529 (Word version) from the Committee on Judiciary.
Rep. STAVRINAKIS objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. OTT.

H. 3726--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3726 (Word version) -- Reps. G. M. Smith, West, Ballentine, Davis, Hager, Hewitt, Kirby, Long, B. Newton, Ott, M. M. Smith, Stavrinakis, Tedder, Robbins, Brewer, Murphy, Taylor, Leber, Sandifer, Ligon, Williams, Anderson, Blackwell, Nutt, McCravy, Mitchell, Yow, W. Newton, Weeks, Alexander, Pope, Hixon, Forrest and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "STATEWIDE EDUCATION AND WORKFORCE DEVELOPMENT ACT" BY ADDING CHAPTER 30 TO TITLE 41 SO AS TO CREATE THE OFFICE OF STATEWIDE WORKFORCE DEVELOPMENT COORDINATION IN THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, TO CENTRALIZE OVERSIGHT OF CERTAIN PUBLICLY FUNDED WORKFORCE DEVELOPMENT SERVICES IN THE OFFICE, TO PROVIDE FOR THE MANAGEMENT AND FUNCTIONS OF THE OFFICE, TO TRANSFER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT TO THE DEPARTMENT AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COUNCIL, TO CREATE AN EXECUTIVE COMMITTEE OF THE COORDINATING COUNCIL AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COMMITTEE, TO PROVIDE FOR THE OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT, TO PROVIDE REGIONAL EDUCATION CENTERS MUST CONFORM TO CERTAIN GEOGRAPHIC CONFIGURATIONS, AND TO PROVIDE A MULTIAGENCY COLLABORATIVE EFFORT TO PROMOTE CERTAIN OFFERINGS OF REGIONAL EDUCATION CENTERS; AND BY REPEALING ARTICLE 13 OF CHAPTER 1, TITLE 13 RELATING TO OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT OF COMMERCE, AND ARTICLE 15 OF CHAPTER 1, TITLE 13 RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 3726 (Word version) (LC-3726.WAB0007H), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1.   This act may be cited as the "Statewide Education and Workforce Development Act".
SECTION 2.   Title 41 of the S.C. Code is amended by adding:

CHAPTER 30
EMPLOYMENT AND WORKFORCE - WORKFORCE DEVELOPMENT
Article 1
General Provisions

Section 41-30-110.     (A) The purpose of this chapter is to endeavor to reach the workforce potential of this State. It seeks to coordinate, align, and enhance all publicly funded workforce development services and centralize oversight of the entities that provide these services to enhance accountability, enhance transparency, and promote a customer-centric workforce system so that the opportunities available through it are easy to access, highly effective, and simple to understand, and to provide a mechanism to marshal workforce development resources and services to meet the immediate and future needs of specialized industry workforce demands and economic development commitments of this State and in specific areas of the State. Further, this chapter seeks to:

(1) deliver value-added services to business customers by collaborating with them to address skills shortages in priority industries and in-demand occupations;

(2) provide for broader dissemination of information to help students, parents of students, and job seekers make career choices based on an awareness of jobs, skills in demand, and related educational pathways;

(3) develop methods for coupling workforce training with a continuum of services to assist those who are struggling to overcome workforce participation barriers; and

(4) address obstacles unique to those in rural areas.

(B) To achieve this purpose:

(1) a unified comprehensive statewide education and workforce development plan is established;

(2) all entities performing publicly funded workforce development-related functions are required to comply with the obligations under the plan; and

(3) their compliance will be monitored and, when necessary, compelled by the Office of Statewide Workforce Development, and such reports will be made publicly available in order to further transparency and better inform workforce development spending and policymaking.

Section 41-30-120.   As used in this chapter, unless the context clearly indicates otherwise:

(1) "Department" means the Department of Employment and Workforce;

(2) "Director" means the Director of the Office of Statewide Workforce Development;

(3) "Executive director" means the Executive Director of the Department of Employment and Workforce;

(4) "Executive committee" means the executive committee of the Coordinating Council for Workforce Development;

(5) "Unified State Plan" or "USP" means the comprehensive statewide education and workforce development plan that provides a systemwide approach to streamline and unify efforts of entities involved in education and workforce development in the State;

(6) "Office of Statewide Workforce Development" or "OSWD" means the Office of Statewide Workforce Development created in this chapter; and

(7) "Coordinating Council for Workforce Development" or "CCWD" means the Coordinating Council for Workforce Development administered by the department.

Section 41-30-130.   On July 1, 2023, all functions, powers, and duties provided by law to the Department of Commerce with respect to the Coordinating Council for Workforce Development, formerly the Education and Economic Development Coordinating Council, are hereby transferred from the Department of Commerce to the Department of Employment and Workforce, and these functions, powers, and duties are devolved upon the Department of Employment and Workforce, and the Coordinating Council for Workforce Development's officers, members, records, property, personnel, and unexpended appropriations also are transferred to the Department of Employment and Workforce. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act. The Department of Commerce and the Department of Employment and Workforce shall work together at all stages of the process until the transition is complete.

Section 41-30-140.   (A) All state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds shall:

(1) provide information requested by OSWD prior to the Comptroller General approving release of such funds to ensure proper reporting on any activities that may be workforce development related; and

(2) prepare a report detailing:

(a) anticipated plans for funds that will be allocated to workforce development related projects;

(b) the actual amount of funds used on workforce development related projects from the previous fiscal year;

(c) the projects for which funds were used; and

(d) whether a balance of such funds exists and, if a balance exists, the amount of the balance.

(B) The report annually must be completed and submitted to the Director of OSWD by August first. Failure to timely submit this report to OSWD may be considered noncompliance with this chapter.

Article 3

Office of Statewide Workforce Development

Section 41-30-310.   The Office of Statewide Workforce Development is created in the Department of Employment and Workforce to coordinate, align, and direct workforce efforts throughout the State to maximize available resources and actively foster a customer-centric workforce development system that is readily accessible, highly effective, and easily understandable.

Section 41-30-320.   The Executive Director of the Department of Employment and Workforce shall hire the Director of the OSWD, who shall serve at the pleasure of the executive director. The OSWD shall:

(1) oversee and ensure implementation of Coordinating Council for Workforce Development responsibilities pursuant to Section 41-30-540;

(2) efficiently marshal public resources to optimally align, consolidate, streamline, and coordinate publicly funded workforce development efforts in this State;

(3) provide centralized oversight of all publicly funded workforce development services in this State provided by state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development;

(4) provide oversight of Regional Workforce Advisors as required in Section 41-30-710, et. seq.;

(5) monitor compliance of each state and local government agency, nonprofit group, and quasi-governmental group that is appropriated state funds or is authorized to expend federal funds related to workforce development and, when necessary, direct those entities to take any action necessary to comply with the responsibilities set forth in the USP. Noncompliance with a directive of the OSWD must be recorded and made part of the report made as required in subitem (6); and

(6) shall submit an annual report by October first of each fiscal year to the Governor, Speaker of the House, President of the Senate, Chair of the House Ways & Means Committee, and Chair of the Senate Finance Committee detailing all funds used for workforce development projects by all reporting state and local government agencies, nonprofit groups, and quasi-governmental groups that are appropriated state funds or are authorized to expend federal funds related to workforce development. This report also must identify those entities that did not comply with the provisions of this chapter.

Section 41-30-330.   Any decision of the executive committee must be made by a majority vote of the entire membership of the committee.

Section 41-30-340.   The Director of the OSWD and the executive committee of CCWD shall develop and publish uniform procedures and guidelines for the conduct of their responsibilities and duties, including the procedure for considering and voting on recommendations of the CCWD or the director.

Article 5

Coordinating Council for Workforce Development

Section 41-30-510.   The Coordinating Council for Workforce Development is reconstituted and generally is responsible for:

(1)   engaging in discussions, collaboration, and information sharing concerning the ability of the State to prepare and train workers to meet current and future workforce needs; and

(2)   performing the other required duties of this chapter under the direction of the Chairman of the CCWD.

Section 41-30-520.   The CCWD consists of the following members:

(1) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chairman;

(2) the Director of the Office of Statewide Workforce Development or his designee;

(3) the Director of the South Carolina Department of Veterans Affairs or his designee;

(4) the Commissioner of South Carolina Vocational Rehabilitation or his designee;

(5) the Chairman of the South Carolina Research Authority or his designee;

(6) the Commissioner of Agriculture or his designee;

(7) the Director of the Department of Labor, Licensing, and Regulation or his designee;

(8) the Director of the Office of Revenue and Fiscal Affairs or his designee;

(9) the Director of the Education Oversight Committee or his designee;

(10) the President of the South Carolina Manufacturing Extension Partnership or his designee;

(11) the Secretary of the Department of Commerce or his designee;

(12) the State Superintendent of Education or his designee;

(13) the Executive Director of the State Board for Technical and Comprehensive Education or his designee;

(14) the Executive Director of the Commission on Higher Education or his designee;

(15) the Director of the South Carolina Department of Parks, Recreation and Tourism Management or his designee;

(16) the president or provost of a research university in this State who is selected by the presidents of the research universities in this State;

(17) the president or provost of a four-year college or university in this State who is selected by the presidents of the four-year universities in this State;

(18) the president of a technical college in this State who must be appointed by the chairman of the State Board for Technical and Comprehensive Education;

(19) the following members appointed by the State Superintendent of Education who have expertise regarding the South Carolina Education and Economic Development Act:

(a) a school district superintendent;

(b) a school counselor; and

(c) a career and technology education director;

(20) the Chairman of the South Carolina State Workforce Development Board or his designee;

(21) a representative of a local workforce board, appointed by the Executive Director of the Department of Employment and Workforce;

(22) the Executive Director of South Carolina First Steps or his designee;

(23) the Director of the South Carolina Department of Revenue or his designee;

(24) two representatives from the business community, appointed by the Governor, who have professional expertise in economic development and workforce issues;

(25) one person appointed by the Chairman of the House Education and Public Works Committee and one person appointed by the House minority party leader;

(26) one person appointed by the Chairman of the Senate Education Committee and one person appointed by the Senate minority party leader; and

(27) representatives of any other agencies or entities selected by vote of the executive committee.

Section 41-30-530.     (A) The executive committee of the CCWD is created and consists of the following members or their designees:

(1) the Executive Director of the Department of Employment and Workforce, who shall serve as chairman;

(2) the Director of the Office of Statewide Workforce Development;

(3) the Secretary of the Department of Commerce;

(4) the State Superintendent of Education;

(5) the Executive Director of the State Board for Technical and Comprehensive Education;

(6) the Executive Director of the Commission on Higher Education; and

(7) one person appointed by the Speaker of the House and one person appointed by the Senate President, both of whom have professional expertise in economic development and workforce issues.

(B) The executive committee:

(1) shall review and vote on recommendations made by the CCWD or Director of OSWD;

(2) shall review and approve any actions proposed to be undertaken by the CCWD including adoption or modification of the USP or any provision of the USP; and

(3) may recommend the appropriate actions necessary to eliminate duplicative programs and workforce activities that do not further the USP, improve programs not meeting stated performance targets, and, when necessary and to the extent not prohibited in law, recommend that entities discontinue programs that repeatedly do not meet targets or may no longer be needed.

Section 41-30-540.     (A) The CCWD shall:

(1) make recommendations to the General Assembly as needed to implement the provisions of this chapter;

(2) regularly meet with industry associations to gain an understanding of their workforce needs and ideas;

(3) facilitate and coordinate the development of the USP;

(4) use data and analysis to create measurable, time-sensitive metrics for the USP in which all workforce pipeline stakeholders including, but not limited to, education and workforce boards, councils, and partner representatives, participate. These measurable, time-sensitive metrics include, but are not limited to:

(a) ten-year labor participation rate target; and

(b) ten-year target for the number of South Carolinians who possess a high-quality credential or postsecondary degree;

(5) create an education and workforce dashboard or other application to enable the public to monitor and track progress of the USP; and

(6) annually review the USP and update as needed.

(B) The USP should include, but is not limited to, the following:

(1) assurance that agency constituents remain served;

(2) compliance with federal and state laws, including, but not limited to, those relating to state plans, to avoid duplication of efforts;

(3) identification of statewide workforce priorities and methods for identifying and addressing long-term workforce needs;

(4) assurance that the components of Chapter 59, Title 59, the South Carolina Education and Economic Development Act, are implemented with fidelity to provide a better prepared workforce, student success in postsecondary education, and enhanced coordination between K-12, higher education, and employers;

(5) establishment and maintenance of standardized education and workforce terminology and definitions to be used across all agencies and sectors;

(6) development and implementation of an annual statewide workforce and education supply gap analysis which may include, but is not limited to:

(a) evaluation of current and projected future employer demands;

(b) determination of the makeup of the state's labor force and identifying the industries and occupations that are thriving by constructing a baseline analysis of the state's demographics and performing an analysis of the trends in the workforce and education infrastructure pipeline, including the supply of graduates in the state and the number of graduates by degree/certificate category;

(c) identifying the supply of skills found in the workforce, and demand for skills employers need from the workforce, and a means for determining how to close gaps that exist between the supply and demand of such skills; and

(d) reviewing growing industry and occupation clusters;

(7) creation and maintenance of an Education and Workforce Portal to provide South Carolinians with information critical to their lifelong educational journey, which may include, but is not limited to:

(a) an "Educational Program Alignment Toolkit" that serves as an infrastructure of resources to enable the K-12, technical college, and higher education systems to individually and collectively ensure their respective educational curriculum, initiatives, and programming match workforce needs;

(b) a "Career Pathways Tool" that uses applicable occupational data, educational programming, workforce needs, salary information, job market analyses, in-demand occupations, and other information to provide students, parents of students, job seekers, educators, and counselors, with useful information about potential career pathways and the various routes to meaningful employment;

(c) real-time labor market information;

(d) comprehensive inventory of all education and training assets in the state; and

(e) global view of workforce-related program data including federal, state, and local education and training options and opportunities;

(8) development and implementation of a study, recommendations, and tools to address barriers to labor participation, including, but not limited to, the following:

(a) affordable access to childcare and transportation;

(b) government assistance programs and requirements available to working families to determine potential opportunities to better incentivize and support employment, and employment-related activities, while easing the "cliff effect" during the transition to economic self-sufficiency;

(c) providing individuals who are receiving assistance from public benefit programs with the supports, skills, and credentials they need to gain and retain employment in occupations for which employers demonstrate persistent demands; and

(d) a "SC Benefits calculator" to help families, case managers, and community providers understand the impact of earnings and assist families planning their exit from the use of these public benefits, with the goal of promoting self-sufficiency and maximizing use of available opportunities;

(9) review of state and federal funding for all workforce development programs of which CCWD is aware, including passthrough funding to nonprofit/local/regional workforce programs to eliminate duplication and ensure funding is going towards meeting the goals of the USP;

(10) development of a reliable and replicable model for measuring returns on public investment in individual education and workforce programs, including a set of common measures used in a performance accountability system;

(11) development and delivery of a consolidated budget report that:

(a) improves transparency in workforce funding to enable smarter policy decisions; and

(b) makes recommendations for using legislative and executive means to improve system alignment, accountability, and efficiency;

(12) development and implementation of a method for conducting an ongoing inventory of existing workforce programs to identify duplications among and within the programs and identify ineffective programs; and

(13) development and implementation of other procedures for sharing information and coordinating efforts among stakeholders to prepare the state's current and emerging workforce to meet the needs of the state's economy.

(C) The executive director of the Department of Employment and Workforce shall serve as chairman of the CCWD, and, as chairman of the CCWD, monitor and audit the implementation of this chapter, review accountability and performance measures, and annually report to the Governor and the General Assembly by November first of each fiscal year, on the:

(a) actions taken by the council during the previous fiscal year;

(b) engagement of the council to include attendance, participation, and compliance with the USP, and;

(c) any recommendations for legislation.

The executive director or OSWD may submit additional reports on an ongoing basis as considered necessary.

(D) Agencies represented on the CCWD shall provide staff for the CCWD. These staff members may be provided by means of memorandums of agreement that address the scope of duties of each member agencies' personnel in providing this staff support.

(E) The Department of Employment and Workforce shall provide office space and equipment for the OSWD.

Article 7
Regional Workforce Advisors

Section 41-30-710.   (A) The OSWD shall provide oversight to the regional workforce advisors (RWA), which are to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community as provided in this article. The department shall hire RWA's and shall seek input from the State Department of Education and others, as needed, in carrying out the requirements of this section.

(B) The primary responsibilities of these advisors are to:

(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;

(2) provide information, resources, and professional development programs to educators;

(3) provide resources to school districts for compliance and accountability pursuant to the provisions of Chapter 59, Title 59;

(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;

(5) facilitate local connections among businesses and those involved in education; and

(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.

(C) Each RWA must be certified and recognized by the National Career Development Association and shall coordinate career development, and postsecondary transitioning for the schools in its region.

(D) The RWAs shall provide data and reports that the department requests.

(E) Each RWA's geographic area of responsibility must conform to the geographic configuration of the local areas designated pursuant to the Workforce Innovation and Opportunity Act, Pub.L. 113-128. Each RWA's geographic area of responsibility shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the RWA's geographic area of responsibility. Local legislative delegations shall make the appointments to their respective advisory boards.

Section 41-30-720.   The Department of Employment and Workforce, in collaboration with the Department of Commerce, the State Board for Technical and Comprehensive Education, the Commission on Higher Education, and the State Department of Education shall plan and promote the career information and employment options and preparation programs provided for in this section by:

(1) identifying potential employers to participate in the career-oriented learning programs;

(2) serving as a contact point for employees and job seekers who are seeking career information and training;

(3) providing labor market information including, but not limited to, supply and demand;

(4) promoting increased career awareness and career counseling through the management and promotion of the South Carolina Occupational Information System;

(5) collaborating with local agencies and businesses to stimulate funds; and

(6) cooperating in the creation and coordination of workforce education programs.
SECTION 3.   Section 41-31-160 of the S.C. Code is amended to read:

Section 41-31-160.   The department shall not require contribution and wage reports more frequently than quarterly. Effective with the quarter ending March 31, 20032024, every employer with two hundred fiftyten or more employees and every individual or organization that, as an agent, reports wages on a total of two hundred fiftyten or more employees on behalf of one or more subject employers, and effective with the quarter ending March 31, 20052026, every employer with one hundred or more employees and every individual or organization that, as an agent, reports wages on a total of one hundred or more employees on behalf of one or more subject employers, shall file that portion of the "Employer Quarterly Contribution and Wage Reports" containing the employee's social security number, name, Standard Occupational Classification (SOC) code, total number of hours worked, and total wages on magnetic tapes, diskettes, or electronically, in a format approved by the department. The department may waive the requirement to file using magnetic mediaelectronically if hardship is shown. In determining whether a hardship has been shown, the department shall take into account, among other relevant factors, the ability of the taxpayeremployer to comply with the filing requirement at a reasonable cost.
SECTION 4.   Section 41-35-615 of the S.C. Code is amended to read:

Section 41-35-615.   All notices given to an employer concerning a request for determination of insured status, a request for initiation of a claim series in a benefit year, a notice of unemployment, a certification for waiting-week credit, a claim for benefits, and any reconsideration of a determination must be made by United States mail or electronic mail. The employer may designate with the department its preferred method of notice. If an employer does not make a designation, then notices must be made by United States mail. The employer may not be required to respond to the notice until ten calendar days, or the next business day if the tenth day falls on a Saturday, Sunday, or state holiday, after the postmark on notices sent via United States mail or ten calendar days after the date a notice is sent via electronic mail. Effective March 1, 2024, every employer with ten or more employees and every individual or organization that, as an agent, reports information to the department on ten or more employees on behalf of one or more subject employers, and effective March 1, 2026, every employer and every individual or organization that, as an agent, reports information to the department on behalf of one or more subject employers, shall file responses to department requests for information regarding an individual's claim for benefits (e.g., job separations, wage audits, etc.) electronically in a format approved by the department. The department may waive the requirement to file electronically if a hardship is shown. In determining whether a hardship is shown, the department shall take into account, among other relevant factors, the ability of the employer to comply with the filing requirement at a reasonable cost.
SECTION 5.   Article 13 and Article 15 of Chapter 1, Title 13 of the S.C. Code are repealed.
SECTION 6.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.

Rep. WEST explained the amendment.

Rep. WEST spoke in favor of the amendment.
Rep. LONG spoke in favor of the amendment.

The amendment was then adopted.

Rep. LONG proposed the following Amendment No. 2 to H. 3726 (Word version) (LC-3726.SA0028H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 41-30-710(C) and inserting:

(C) Each RWA shall coordinate career development, and postsecondary transitioning for the schools in its region.
Renumber sections to conform.
Amend title to conform.

Rep. LONG explained the amendment.
The amendment was then adopted.

Rep. DAVIS proposed the following Amendment No. 4 to H. 3726 (Word version) (LC-3726.WAB0010H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 41-30-540(13) and inserting:

(13) coordinate with the South Carolina Department of Veterans' Affairs to develop and implement procedures that connect active duty military spouses, family members, veterans, and military retirees to job opportunities and career support.
Renumber sections to conform.
Amend title to conform.

Rep. DAVIS explained the amendment.
The amendment was then adopted.

Reps. MAGNUSON and PACE proposed the following Amendment No. 5 to H. 3726 (Word version) (LC-3726.WAB0026H), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2, Article 7, Section 41-30-710 and inserting:

Section 41-30-710.   (A) The OSWD shall provide oversight to the regional workforce advisors (RWA), which are to coordinate and facilitate the delivery of information, resources, and services to students, educators, employers, and the community as provided in this article. The department shall hire RWA's and shall seek input from the State Department of Education and others, as needed, in carrying out the requirements of this section.

(B) The primary responsibilities of these advisors are to:

(1) provide services to students and adults for career planning, employment seeking, training, and other support functions;

(2) provide information, resources, and professional development programs to educators;

(3) provide resources to school districts for compliance and accountability pursuant to the provisions of Chapter 59, Title 59;

(4) provide information and resources to employers including, but not limited to, education partnerships, career-oriented learning, and training services;

(5) facilitate local connections among businesses and those involved in education; and

(6) work with school districts and institutions of higher education to create and coordinate workforce education programs.

(C) The RWAs shall provide data and reports that the department requests.

(D) Each RWA's geographic area of responsibility must conform to the geographic configuration of the local areas designated pursuant to the Workforce Innovation and Opportunity Act, Pub.L. 113-128. Each RWA's geographic area of responsibility shall have an advisory board comprised of a school district superintendent, high school principal, local workforce investment board chairperson, technical college president, four-year college or university representative, career center director or school district career and technology education coordinator, parent teacher organization representative, and business and civic leaders. Appointees must reside or do business in the geographic area of the RWA's geographic area of responsibility. Local legislative delegations shall make the appointments to their respective advisory boards.
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

Rep. WEST spoke against the amendment.

Rep. WEST moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 95; Nays 18

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bannister
Bauer                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Clyburn
Collins                  Connell                  B. J. Cox
B. L. Cox                Crawford                 Davis
Dillard                  Elliott                  Erickson
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Hager                    Hardee                   Hart
Hartnett                 Hayes                    Herbkersman
Hewitt                   Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. E. Johnson            J. L. Johnson            W. Jones
King                     Kirby                    Landing
Lawson                   Ligon                    Long
Lowe                     McCravy                  McDaniel
McGinnis                 Mitchell                 T. Moore
Moss                     Murphy                   Neese
B. Newton                W. Newton                Nutt
Ott                      Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
Sessions                 G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Thigpen                  Vaughan
Weeks                    West                     Wetmore
Wheeler                  Williams                 Willis
Wooten                   Yow                      

Total--95

Those who voted in the negative are:

Beach                    Burns                    Chumley
Cromer                   Haddon                   Harris
Kilmartin                Leber                    Magnuson
May                      McCabe                   A. M. Morgan
T. A. Morgan             O'Neal                   Oremus
Pace                     Trantham                 White

Total--18

So, the amendment was tabled.

Reps. MAGNUSON and PACE proposed the following Amendment No. 6 to H. 3726 (Word version) (LC-3726.WAB0023H), which was tabled:
Amend the bill, as and if amended, by striking SECTION 2, Article 7.
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

Rep. MAGNUSON moved to table the amendment, which was agreed to.

Rep. PACE and MAGNUSON proposed the following Amendment No. 8 to H. 3726 (Word version) (LC-3726.HA0022H), which was tabled:
Amend the bill, as and if amended, by striking Section 41-30-520 in SECTION 2 and inserting:

Section 41-30-520.   The CCWD consists of the following members:

(1) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chairman;

(2) the Director of the Office of Statewide Workforce Development or his designee;

(3) the Director of the South Carolina Department of Veterans Affairs or his designee;

(4) the Commissioner of South Carolina Vocational Rehabilitation or his designee;

(5) the Chairman of the South Carolina Research Authority or his designee;

(6) the Commissioner of Agriculture or his designee;

(7) the Director of the Department of Labor, Licensing, and Regulation or his designee;

(8) the Director of the Office of Revenue and Fiscal Affairs or his designee;

(9) the Director of the Education Oversight Committee or his designee;

(10) the President of the South Carolina Manufacturing Extension Partnership or his designee;

(11) the Secretary of the Department of Commerce or his designee;

(12) the State Superintendent of Education or his designee;

(13) the Executive Director of the State Board for Technical and Comprehensive Education or his designee;

(14) the Executive Director of the Commission on Higher Education or his designee;

(15) the Director of the South Carolina Department of Parks, Recreation and Tourism Management or his designee;

(16) the president or provost of a research university in this State who is selected by the presidents of the research universities in this State;

(17) the president or provost of a four-year college or university in this State who is selected by the presidents of the four-year universities in this State;

(18) the president of a technical college in this State who must be appointed by the chairman of the State Board for Technical and Comprehensive Education;

(19) the following members appointed by the State Superintendent of Education who have expertise regarding the South Carolina Education and Economic Development Act:

(a) a school district superintendent;

(b) a school counselor; and

(c) a career and technology education director;

(20) the Chairman of the South Carolina State Workforce Development Board or his designee;

(21) a representative of a local workforce board, appointed by the Executive Director of the Department of Employment and Workforce;

(22) the Executive Director of South Carolina First Steps or his designee;

(23) the Director of the South Carolina Department of Revenue or his designee;

(24) two representatives from the business community, appointed by the Governor, who have professional expertise in economic development and workforce issues;

(25) one person appointed by the Chairman of the House Education and Public Works Committee and one person appointed by the House minority party leader; and

(26) one person appointed by the Chairman of the Senate Education Committee and one person appointed by the Senate minority party leader.
Renumber sections to conform.
Amend title to conform.

Rep. PACE explained the amendment.

Rep. WEST spoke against the amendment.

Rep. WEST moved to table the amendment, which was agreed to.

Rep. KILMARTIN proposed the following Amendment No. 11 to H. 3726 (Word version) (LC-3726.WAB0012H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 41-30-530(A) and inserting:
(A) The executive committee of the CCWD is created and consists of the following members or their designees:

(1) the Executive Director of the Department of Employment and Workforce, who shall serve as chairman;

(2) the Director of the Office of Statewide Workforce Development;

(3) the Secretary of the Department of Commerce;

(4) the State Superintendent of Education;

(5) the Executive Director of the State Board for Technical and Comprehensive Education;

(6) the Executive Director of the Commission on Higher Education;

(7) one person appointed by the Speaker of the House and one person appointed by the Senate President, both of whom have professional expertise in economic development and workforce issues; and

(8) three persons appointed by the Governor who are considered current or past small business owners under the North American Industry Classification System (NAICS) code.
Renumber sections to conform.
Amend title to conform.

Rep. KILMARTIN explained the amendment.

Rep. WEST spoke in favor of the amendment.

The amendment was then adopted.

Rep. MAY proposed the following Amendment No. 12 to H. 3726 (Word version) (LC-3726.WAB0017H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Chapter 30, Article 1, by adding:

Section 41-30-150. Any state or local government agencies, nonprofit groups, or quasi- governmental groups that are appropriated state funds or are authorized to expend federal funds shall not allocate any such funds to any entity for a workforce development project that engages in environmental, social, and governance rating practices.
Renumber sections to conform.
Amend title to conform.

Rep. MAY explained the amendment.

Rep. B. NEWTON spoke against the amendment.
Rep. MAY spoke in favor of the amendment.
Rep. B. NEWTON moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 28

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bauer
Bernstein                Blackwell                Bradley
Brewer                   Brittain                 Calhoon
Carter                   Caskey                   Chapman
Clyburn                  Collins                  Connell
B. L. Cox                Crawford                 Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Garvin                   Gibson                   Gilliard
Guest                    Hager                    Hardee
Hart                     Hayes                    Hewitt
Hixon                    Hosey                    Hyde
Jefferson                J. L. Johnson            W. Jones
King                     Kirby                    Lawson
Ligon                    Lowe                     McDaniel
McGinnis                 T. Moore                 Moss
Murphy                   Neese                    B. Newton
Ott                      Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  Williams
Wooten                                            

Total--76

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Gilliam
Guffey                   Haddon                   Harris
Hartnett                 S. Jones                 Kilmartin
Landing                  Magnuson                 May
McCabe                   McCravy                  A. M. Morgan
T. A. Morgan             Nutt                     O'Neal
Oremus                   Pace                     Sessions
Trantham                 Vaughan                  White
Willis                                            

Total--28

So, the amendment was tabled.

Rep. MAY proposed the following Amendment No. 13 to H. 3726 (Word version) (LC-3726.WAB0018H):
Amend the bill, as and if amended, SECTION 2, Chapter 30, Article 1, by adding:
Section 41-30-150. Any state or local government agencies, nonprofit groups, or quasi- governmental groups that are appropriated state funds or are authorized to expend federal funds shall not allocate any such funds to any entity for a workforce development project that engages in diversity, equity, and inclusion practices.
Renumber sections to conform.
Amend title to conform.

Rep. MAY explained the amendment.

Rep. WEST spoke against the amendment.
Rep. CASKEY spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. J. E. JOHNSON a leave of absence for the remainder of the day.

Rep. CASKEY continued speaking.
Rep. CROMER spoke in favor of the amendment.
Rep. MAGNUSON spoke in favor of the amendment.
Rep. HART spoke against the amendment.
Rep. A. M. MORGAN spoke in favor of the amendment.
Rep. OTT spoke against the amendment.

POINT OF ORDER

Rep. STAVRINAKIS raised the Point of Order that under Rule 9.3 that Amendment No. 13 to H. 3726 (Word version) was not germane to H. 3726 (Word version).

Rep. MAGNUSON spoke against the Point of Order.

The SPEAKER PRO TEMPORE stated that he had to rule upon the question of germaneness considering the state of the bill as it had been amended by the adoption of prior amendments. He stated that Amendment No. 13 was germane to the bill due to the adoption of Amendment No. 1. He stated further that both Amendment No. 13 and the Bill, as amended previously, dealt with companies that received state appropriations and what they must do. He overruled the Point of Order.

Further proceedings were interrupted by the Joint Assembly the pending question being the consideration of Rep. STAVRINAKIS' point of order.

JOINT ASSEMBLY

At 12:30 p.m. the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Honorable Vincent J. "Jim" Troiola and distinguished party were escorted to the rostrum by Senators Cromer, Goldfinch, Senn, Allen and Fanning and Representatives MITCHELL, WILLIAMS, OREMUS, HOSEY and SCHUESSLER. The President recognized our special guests and then the National American Legion Commander addressed the General Assembly as follows:

Address by the Honorable Vincent J. "Jim" Troiola
National Commander of The American Legion
March 8, 2023

Ladies, gentlemen, distinguished Members of this great Body--it's truly an honor to speak to you today in this historic capitol.

Before I begin, please allow me a moment to introduce members of The American Legion family who are with me today.

We have with us the Commander of the South Carolina American Legion, Jim Jarvis of Columbia.

National Executive Committeeman, Joe Lysaght of James Island.

James Holland, Alternate NEC from Aiken.

The Department Adjutant, Mike Strauss of North Augusta.

The American Legion Auxiliary Department of South Carolina President, Pat Ward of Greenville.

And, the Sons of The American Legion South Carolina Detachment Commander, Ryan Henderson of Charleston.

Ladies and gentlemen--we have all heard the famous saying that there are two things that are inevitable in life - death and taxes! Well, that maybe so, but I want to thank this Legislature and Governor McMaster for at least making taxes less burdensome for military retirees and surviving spouses.

Thanks to the hard work of the men and women of this Legislature, military pensions are now exempt from South Carolina taxes. This sends exactly the right message to veterans searching for a state to call home after a career of military service.

Even before the governor signed the Workforce Enhancement and Military Recognition Act on May 13th - the Palmetto State earned a well-deserved reputation as a welcoming community for America's heroes.

South Carolina had already given veterans state employment preferences, education and tuition assistance, vehicle tags, as well as hunting and fishing license privileges. You have also expanded property tax exemptions to include surviving spouses of disabled veterans.
  Simply put, when it comes to the treatment of veterans, this State gets us.
  Moreover, South Carolina is a major contributor to America's military strength, with eight major military installations and numerous smaller facilities within your borders. The annual economic impact of the military community here is estimated to be $34.3 billion, while translating into more than a quarter-million jobs. You have the tenth highest density of service members in the country and nearly 400,000 veterans call South Carolina "home".

Twenty-three thousand of South Carolina's veterans are Legionnaires, serving local communities through more than 160 posts. But it isn't just veterans and the military who American Legion Families serve. They are awarding scholarships, conducting some of the finest youth programs in the Country and educating the next generation of South Carolinians on the importance of patriotism and good citizenship.
  On July 11th, a national team from The American Legion met with veterans and VA representatives at Post 130 in Cayce. It was our first System Worth Saving townhall since before the COVID-19 pandemic.

Included in the visit was a tour of the Columbia VA Medical Center. The VA Health Care System has made some remarkable improvements over the last decade. The American Legion is vigilant to ensure that VA serves veterans as well as veterans have served this Country. We will point out VA's mistakes and we will often be loud in doing so. But we also recognize that VA usually provides outstanding care and must be fully funded so veterans can have access to this needed benefit.

Last Wednesday, I testified before a Joint Session of Senators and Representatives in the U.S. Congress. I told them that the number one priority of The American Legion is stopping veteran suicide.
  Every Member of this Legislature - indeed, every American - can help us with this effort.

I have seen estimates that 17 veterans per day take their own lives. I've seen another study that says it's more than 40.

The number is more likely somewhere in between.

Sometimes their military service was overlooked. Other suicides are mistakenly ruled as accidental overdoses. In other words, the statistics are all over the place. As far as The American Legion is concerned, the most important number to remember is ONE. As in Be the one to stop it.

Be the one to discuss a topic that for years went unmentioned in polite society. Be the one to reach out to a veteran who may be struggling. Be the one to encourage the veteran to seek help. Be the one to follow-up with the veteran to let him or her know that they are not forgotten. Be the one to convince a veteran that life is worth living and that suicide is absolutely not an option. In other words, be the one to save one.

Very few of us are professional therapists which is why we welcome the announcement that as of January 2023, any veteran in suicidal crisis can be seen at any VA or non-VA health care facility free of charge. The veteran does not even have to be enrolled in the VA system for this benefit. It includes up to 30 days of inpatient or 90 days of outpatient care at any VA or non-VA facility.

As elected officials and leaders in your districts, you have a large platform. Please use it to share the new crisis hotline number, 988.
We need to ensure that 988 is as widely known as 911. In fact, a 988 call today can help prevent a 911-call tomorrow.

For several years now, The American Legion has conducted Buddy Check efforts in which veterans reach out to other veterans to foster friendship and wellness. Peer support works. Thanks to congressional action, I'm pleased to say that this year the U.S. Department of Veterans Affairs will be designating annual Buddy Check weeks nationwide.

Veterans value courage. If you can help The American Legion remove the stigma associated with PTSD and depression, and if you can help us make the case that seeking mental wellness is courageous, then my time with you today has been well-spent.

South Carolina not only believes in supporting those who served, but through great institutions like the Citadel - you are producing tomorrow's defenders of freedom.

I am pleased to see that last Fall the Citadel welcomed its first cadet-recruits from Ukraine. The American Legion does not support the deployment of U.S. troops to that war-torn nation, but we do support arming and assisting the Ukrainian people in their fight for survival. The international community, and especially our allies, must use all diplomatic and economic tools at our collective disposal to stop Russian aggression.

We remain equally concerned with the provocations of communist China. Every year The American Legion hosts representatives from the Taiwan Veterans Affairs Council at our national convention. I was briefed by senior U.S. military commanders during my visits to Okinawa and Hawaii in December. The military and economic threats represented by China and the saber-rattling by North Korea should not just concern the people of the Indo-Pacific region but Americans here in the homeland.

For my friends who believe that we spend too much of our budget on national defense, I encourage you to travel abroad. Visit Korea's demilitarized zone. Attend a Pearl Harbor observance and reflect on what could happen. The American Legion believes that a strong defense is not just wise policy, but a constitutionally mandated imperative. We must not jeopardize our readiness through feel-good budgetary cuts.

I just reiterated the many ways in which South Carolina shows its appreciation for veterans. We owe it to the next generation of veterans to ensure that they are always the best-trained, best-equipped, and best-armed military force on the planet.

Yesterday, I had the honor of visiting Shaw Air Force Base and Fort Jackson.

Though Sumter is a close drive from Columbia, when it comes to housing, they are worlds apart. While it is the federal government that allocates the housing allowance for members of the military, service members at Shaw receive about $300 a month less in Basic Housing Allowance than those at Fort Jackson. More concerning is the lack of affordable housing for military members in the Sumter community. If the State were to incentivize landlords to give our military a break on rent, they will find servicemembers make ideal tenants.

Another issue is a lack of affordable daycare. A common complaint that we heard was about the onerous regulatory process that goes with operating a daycare. We all want safety for our children, but cost should go down and options should go up.

The future of the U.S. Army truly runs through this State. Fort Jackson is not just a basic training camp. It conducts the Future Soldier Prep Course, where men and women strengthen their intellectual, physical, and nutritional fitness before they even enter basic training. This is designed to overcome shortfalls that may hinder one's ability to pass recruit training.

Fort Jackson is also the home of the U.S. Army's Drill Sergeant Academy. The men and women at this school epitomize leadership. They shoulder the enormous responsibility of creating U.S. soldiers. They do so with great strength, skill, firmness, and fairness. When it comes to U.S. military representation in this state, South Carolina should be proud.

While I am here, I would like to extend my congratulations to Jonathan Biering. Jonathan is a senior at Pinopolis High School in Pinopolis, South Carolina. I just saw Jonathan last week in Washington. He is one of 10 recipients of a Samsung American Legion Scholarship. It is a well-deserved honor for the young man, who is the great-grandson of a Korean War Navy veteran. More than 4,600 high school juniors nationwide applied for the $10,000 scholarship, which is awarded to students who are descendants of veterans and have met standards of academic excellence and community service. Jonathan is also a graduate of The American Legion Department of South Carolina Boys State program.

Now, if you would allow me for one moment to call to the two Members of this distinguished Body who have proven that they are not only great lawmakers, but they are advocates for those who have served. They have been designated by The American Legion Department of South Carolina as the Outstanding Members of the Legislature for 2023. They are true friends of veterans and The American Legion.

Senator George "Chip" Campsen, III and Representative Matthew W. Leber would you please join me?

Congratulations Senator Campsen and Representative Leber. We appreciate all that you do on behalf of veterans.

Thank you so much, South Carolina Legislature.

God Bless you, God Bless America, and God Bless South Carolina!

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:48 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.

H. 3726--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being Rep. STAVRINAKIS' point of order.

H. 3726 (Word version) -- Reps. G. M. Smith, West, Ballentine, Davis, Hager, Hewitt, Kirby, Long, B. Newton, Ott, M. M. Smith, Stavrinakis, Tedder, Robbins, Brewer, Murphy, Taylor, Leber, Sandifer, Ligon, Williams, Anderson, Blackwell, Nutt, McCravy, Mitchell, Yow, W. Newton, Weeks, Alexander, Pope, Hixon, Forrest and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "STATEWIDE EDUCATION AND WORKFORCE DEVELOPMENT ACT" BY ADDING CHAPTER 30 TO TITLE 41 SO AS TO CREATE THE OFFICE OF STATEWIDE WORKFORCE DEVELOPMENT COORDINATION IN THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, TO CENTRALIZE OVERSIGHT OF CERTAIN PUBLICLY FUNDED WORKFORCE DEVELOPMENT SERVICES IN THE OFFICE, TO PROVIDE FOR THE MANAGEMENT AND FUNCTIONS OF THE OFFICE, TO TRANSFER THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT TO THE DEPARTMENT AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COUNCIL, TO CREATE AN EXECUTIVE COMMITTEE OF THE COORDINATING COUNCIL AND PROVIDE FOR THE COMPOSITION AND FUNCTIONS OF THE COMMITTEE, TO PROVIDE FOR THE OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT, TO PROVIDE REGIONAL EDUCATION CENTERS MUST CONFORM TO CERTAIN GEOGRAPHIC CONFIGURATIONS, AND TO PROVIDE A MULTIAGENCY COLLABORATIVE EFFORT TO PROMOTE CERTAIN OFFERINGS OF REGIONAL EDUCATION CENTERS; AND BY REPEALING ARTICLE 13 OF CHAPTER 1, TITLE 13 RELATING TO OVERSIGHT OF REGIONAL EDUCATION CENTERS BY THE DEPARTMENT OF COMMERCE, AND ARTICLE 15 OF CHAPTER 1, TITLE 13 RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT.

RULING ON POINT OF ORDER

The SPEAKER PRO TEMPORE stated that he had to rule upon the question of germaneness considering the state of the bill as it had been amended by the adoption of prior amendments. He stated that Amendment No. 13 was germane to the bill due to the adoption of Amendment No. 1. He stated further that both Amendment No. 13 and the Bill, as amended previously, dealt with companies that received state appropriations and what they must do. He overruled the Point of Order.

Rep. MAGNUSON invoked Rule 3.9.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Alexander                Bailey                   Ballentine
Bamberg                  Bannister                Beach
Blackwell                Brewer                   Burns
Bustos                   Calhoon                  Caskey
Chapman                  Connell                  B. J. Cox
B. L. Cox                Crawford                 Cromer
Davis                    Dillard                  Elliott
Felder                   Forrest                  Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Hager
Hardee                   Harris                   Hartnett
Hewitt                   Hixon                    S. Jones
W. Jones                 Jordan                   Kilmartin
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     Magnuson
May                      McCabe                   McCravy
McGinnis                 Mitchell                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pendarvis                Pope                     Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Taylor                   Tedder
Thayer                   Vaughan                  West
Wetmore                  Wheeler                  White
Williams                 Willis                   Wooten

Total Present--87

The SPEAKER PRO TEMPORE announced that a quorum was present.

Rep. MAY proposed the following Amendment No. 13 to H. 3726 (Word version) (LC-3726.WAB0018H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Chapter 30, Article 1, by adding:
Section 41-30-150. Any state or local government agencies, nonprofit groups, or quasi- governmental groups that are appropriated state funds or are authorized to expend federal funds shall not allocate any such funds to any entity for a workforce development project that engages in diversity, equity, and inclusion practices.
Renumber sections to conform.
Amend title to conform.

Rep. WEST moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 63; Nays 24

Those who voted in the affirmative are:

Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Brewer                   Bustos
Calhoon                  Caskey                   Chapman
Connell                  B. L. Cox                Crawford
Davis                    Dillard                  Elliott
Erickson                 Felder                   Forrest
Gatch                    Gilliard                 Guest
Hager                    Hardee                   Hartnett
Hewitt                   Hixon                    Hosey
Jefferson                J. L. Johnson            W. Jones
Jordan                   King                     Kirby
Ligon                    Lowe                     McDaniel
Moss                     Murphy                   Neese
B. Newton                W. Newton                Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   West                     Wetmore
Wheeler                  Willis                   Wooten

Total--63

Those who voted in the negative are:

Beach                    Burns                    B. J. Cox
Cromer                   Gibson                   Gilliam
Guffey                   Harris                   S. Jones
Kilmartin                Lawson                   Magnuson
May                      McCabe                   McCravy
A. M. Morgan             T. A. Morgan             Nutt
O'Neal                   Oremus                   Pace
Sessions                 Trantham                 White

Total--24

So, the amendment was tabled.

Rep. MAY proposed the following Amendment No. 14 to H. 3726 (Word version) (LC-3726.HA0030H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Chapter 30, Article 1 by adding:

Section 41-30-160.   Any state or local government agency that is involved in workforce development pursuant to this chapter must not provide any diversity, equity, and inclusion training.
Renumber sections to conform.
Amend title to conform.

Rep. MAY explained the amendment.

Rep. WEST spoke against the amendment.

Rep. WEST moved to table the amendment.

Rep. MAY demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 24

Those who voted in the affirmative are:

Atkinson                 Bailey                   Ballentine
Bamberg                  Bannister                Bauer
Bernstein                Blackwell                Brewer
Calhoon                  Caskey                   Chapman
Collins                  Connell                  B. L. Cox
Crawford                 Davis                    Dillard
Elliott                  Erickson                 Felder
Forrest                  Gagnon                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Hager                    Hardee
Hartnett                 Hewitt                   Hixon
Hosey                    Hyde                     Jefferson
J. L. Johnson            W. Jones                 Jordan
King                     Kirby                    Ligon
Lowe                     McDaniel                 McGinnis
Moss                     Murphy                   Neese
B. Newton                W. Newton                Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Weeks
West                     Wetmore                  Wheeler
Willis                   Wooten                   

Total--71

Those who voted in the negative are:

Beach                    Burns                    B. J. Cox
Cromer                   Guffey                   Haddon
Harris                   S. Jones                 Kilmartin
Lawson                   Long                     Magnuson
May                      McCabe                   McCravy
T. Moore                 A. M. Morgan             T. A. Morgan
Nutt                     O'Neal                   Oremus
Pace                     Vaughan                  White

Total--24

So, the amendment was tabled.

Rep. MAY proposed the following Amendment No. 15 to H. 3726 (Word version) (LC-3726.HA0031H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Chapter 30, Article 1 by adding:

Section 41-30-170.   A state or local government agency that is involved in workforce development pursuant to this chapter must not hire any employee or expend any funds to provide diversity, equity, and inclusion training.
Renumber sections to conform.
Amend title to conform.

Rep. MAY explained the amendment.

Rep. WEST spoke against the amendment.

Rep. WEST moved to table the amendment.

Rep. MAY demanded the yeas and nays which were taken, resulting as follows:

Yeas 79; Nays 22

Those who voted in the affirmative are:

Alexander                Atkinson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Bernstein                Blackwell
Brewer                   Brittain                 Bustos
Calhoon                  Carter                   Caskey
Chapman                  Clyburn                  Collins
Connell                  B. L. Cox                Crawford
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Hager
Hardee                   Hartnett                 Hayes
Hewitt                   Hiott                    Hixon
Hosey                    Hyde                     Jefferson
J. L. Johnson            W. Jones                 Jordan
King                     Kirby                    Lawson
Ligon                    Lowe                     McDaniel
McGinnis                 T. Moore                 Moss
Murphy                   Neese                    B. Newton
W. Newton                Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
Sessions                 G. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Vaughan                  Weeks                    West
Wetmore                  Wheeler                  Willis
Wooten                                            

Total--79

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Guffey
Haddon                   Harris                   S. Jones
Kilmartin                Long                     Magnuson
May                      McCabe                   McCravy
A. M. Morgan             T. A. Morgan             Nutt
O'Neal                   Oremus                   Pace
White                                             

Total--22

So, the amendment was tabled.

Rep. PENDARVIS proposed the following Amendment No. 16 to H. 3726 (Word version) (LC-3726.HA0032H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 41-30-520 and inserting:

Section 41-30-520.   The CCWD consists of the following members:

(1) the Executive Director of the Department of Employment and Workforce or his designee, who shall serve as chairman;

(2) the Director of the Office of Statewide Workforce Development or his designee;

(3) the Director of the South Carolina Department of Veterans Affairs or his designee;

(4) the Commissioner of South Carolina Vocational Rehabilitation or his designee;

(5) the Chairman of the South Carolina Research Authority or his designee;

(6) the Commissioner of Agriculture or his designee;

(7) the Director of the Department of Labor, Licensing, and Regulation or his designee;

(8) the Director of the Office of Revenue and Fiscal Affairs or his designee;

(9) the Director of the Education Oversight Committee or his designee;

(10) the President of the South Carolina Manufacturing Extension Partnership or his designee;

(11) the Secretary of the Department of Commerce or his designee;

(12) the State Superintendent of Education or his designee;

(13) the Executive Director of the State Board for Technical and Comprehensive Education or his designee;

(14) the Executive Director of the Commission on Higher Education or his designee;

(15) the Director of the South Carolina Department of Parks, Recreation and Tourism Management or his designee;

(16) the president or provost of a research university in this State who is selected by the presidents of the research universities in this State;

(17) the president or provost of a four-year college or university in this State who is selected by the presidents of the four-year universities in this State;

(18) the president of a technical college in this State who must be appointed by the chairman of the State Board for Technical and Comprehensive Education;

(19) the following members appointed by the State Superintendent of Education who have expertise regarding the South Carolina Education and Economic Development Act:

(a) a school district superintendent;

(b) a school counselor; and

(c) a career and technology education director;

(20) the Chairman of the South Carolina State Workforce Development Board or his designee;

(21) a representative of a local workforce board, appointed by the Executive Director of the Department of Employment and Workforce;

(22) the Executive Director of South Carolina First Steps or his designee;

(23) the Director of the South Carolina Department of Revenue or his designee;

(24) two representatives from the business community, appointed by the Governor, who have professional expertise in economic development and workforce issues;

(25) one person appointed by the Chairman of the House Education and Public Works Committee and one person appointed by the House minority party leader;

(26) one person appointed by the Chairman of the Senate Education Committee and one person appointed by the Senate minority party leader;

(27) representatives of any other agencies or entities selected by vote of the executive committee; and

(28) the Executive Director of South Carolina State Housing Finance and Development Authority or his designee.
Renumber sections to conform.
Amend title to conform.

Rep. PENDARVIS explained the amendment.

Rep. WEST spoke in favor of the amendment.

The amendment was then adopted.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 102; Nays 3

Those who voted in the affirmative are:

Alexander                Atkinson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Beach                    Bernstein
Blackwell                Brewer                   Brittain
Burns                    Bustos                   Calhoon
Carter                   Caskey                   Chapman
Chumley                  Clyburn                  Collins
Connell                  B. J. Cox                B. L. Cox
Crawford                 Cromer                   Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hager                    Hardee
Hartnett                 Hayes                    Hewitt
Hiott                    Hixon                    Hosey
Hyde                     Jefferson                J. L. Johnson
S. Jones                 W. Jones                 Jordan
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Long                     Lowe                     McCravy
McDaniel                 McGinnis                 Mitchell
T. Moore                 A. M. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Pace                     Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Sandifer                 Schuessler               Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Trantham                 Vaughan                  Weeks
West                     Wetmore                  Wheeler
Willis                   Wooten                   Yow

Total--102

Those who voted in the negative are:

Harris                   Kilmartin                McCabe

Total--3

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3726 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Carl L. Anderson

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on H. 3726 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Kambrell Garvin

RECORD FOR VOTING

-I was out of the chamber speaking to a constituent during the vote on H. 3726 (Word version) and request that the journal reflect that if I would have voted I would have voted in favor of the bill.

Rep. Russell Ott

STATEMENT BY REP. SANDIFER

Rep. SANDIFER gave notice of offering technical amendments on third reading if necessary, pursuant to Rule 9.2.

H. 3868--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3868 (Word version) -- Reps. Bauer, Cobb-Hunter, Hixon, Bernstein, Neese, J. L. Johnson, Forrest, Trantham, J. Moore, Pendarvis, Brewer, Murphy, Robbins and King: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-270 SO AS TO DECLARE THE SECOND SATURDAY IN NOVEMBER OF EACH YEAR IS DESIGNATED AS "WOMEN IN HUNTING AND FISHING AWARENESS DAY".

Rep. MAY proposed the following Amendment No. 1 to H. 3868 (Word version) (LC-3868.WAB0004H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 53-3-270 and inserting:

Section 53-3-270.   The second Saturday in November of each year is designated as "Women in Hunting and Fishing Awareness Day" in South Carolina. For the purposes of this section, "women" means individuals whose sex at birth was female.
Renumber sections to conform.
Amend title to conform.

Rep. OTT spoke against the amendment.

POINT OF ORDER

Rep. BAMBERG raised the Point of Order that Amendment No. 1 was not germane to H. 3868 (Word version).

The SPEAKER PRO TEMPORE stated that Amendment No. 1 defined a term in the bill identifying the persons effected by the bill. He overruled the Point of Order.

Rep. OTT continued speaking.
Rep. OTT spoke against the amendment.
Rep. CASKEY spoke against the amendment.
Rep. BAMBERG spoke against the amendment.

Rep. RUTHERFORD moved to table the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:

Yeas 90; Nays 21

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Chapman
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Davis                    Dillard                  Elliott
Erickson                 Forrest                  Gagnon
Garvin                   Gatch                    Gibson
Gilliard                 Guest                    Guffey
Haddon                   Hager                    Hardee
Hartnett                 Hayes                    Hewitt
Hiott                    Hixon                    Hosey
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    Landing                  Ligon
Lowe                     McDaniel                 McGinnis
J. Moore                 T. Moore                 Murphy
Neese                    B. Newton                W. Newton
Oremus                   Ott                      Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Sandifer                 Schuessler               Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Thigpen                  Trantham                 Vaughan
Weeks                    Wetmore                  Wheeler
Williams                 Willis                   Wooten

Total--90

Those who voted in the negative are:

Beach                    Burns                    Chumley
Cromer                   Gilliam                  Harris
S. Jones                 Kilmartin                Lawson
Long                     Magnuson                 May
McCabe                   McCravy                  A. M. Morgan
T. A. Morgan             Moss                     Nutt
O'Neal                   Pace                     White

Total--21

So, the amendment was tabled.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 114; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Beach
Bernstein                Blackwell                Bradley
Brewer                   Brittain                 Burns
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Chumley
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Felder
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hager                    Hardee
Harris                   Hayes                    Hewitt
Hiott                    Hixon                    Hosey
Hyde                     Jefferson                J. L. Johnson
S. Jones                 W. Jones                 Jordan
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 May                      McCabe
McCravy                  McDaniel                 McGinnis
Mitchell                 J. Moore                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
W. Newton                Nutt                     O'Neal
Oremus                   Ott                      Pace
Pedalino                 Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
Sessions                 G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Thigpen                  Trantham
Vaughan                  Weeks                    Wetmore
Wheeler                  White                    Williams
Willis                   Wooten                   Yow

Total--114

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

RECORD FOR VOTING

I was temporarily out of the Chamber on committee business during the vote on H. 3868 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Jay West

S. 361--ORDERED TO THIRD READING

The following Bill was taken up:

S. 361 (Word version) -- Senators Grooms and Scott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-5-1630, RELATING TO THE EXTENSION OF CONSTRUCTION CONTRACTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION COMMISSION IS NOT REQUIRED TO PROVIDE PREAPPROVAL OF CONSTRUCTION CONTRACT EXTENSIONS AND TO PROVIDE THAT THE COMMISSION MUST RATIFY EXTENSIONS AT THE NEXT COMMISSION MEETING.

Rep. A. M. MORGAN explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Ballentine               Bamberg                  Bauer
Beach                    Bernstein                Blackwell
Bradley                  Brittain                 Burns
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Chumley
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Cromer                   Davis                    Erickson
Felder                   Forrest                  Gagnon
Garvin                   Gatch                    Gibson
Gilliam                  Gilliard                 Guest
Guffey                   Haddon                   Hager
Hardee                   Harris                   Hayes
Herbkersman              Hewitt                   Hiott
Hixon                    Hyde                     Jefferson
J. L. Johnson            S. Jones                 W. Jones
Jordan                   Kilmartin                King
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 May                      McCabe
McCravy                  McDaniel                 McGinnis
Mitchell                 J. Moore                 T. Moore
A. M. Morgan             T. A. Morgan             Moss
Murphy                   Neese                    B. Newton
Nutt                     O'Neal                   Oremus
Ott                      Pace                     Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Sandifer                 Schuessler               Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Thigpen                  Trantham                 Vaughan
Weeks                    Wetmore                  Wheeler
White                    Williams                 Willis
Wooten                   Yow                      

Total--107

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

ABSTENTION FROM VOTING

March 7, 2023
The Honorable Charles Reid
Clerk of the South Carolina House of Representatives
213 Blatt Bldg.
Columbia, SC 29201

Dear Charles Reid,

I am notifying you in accordance with S.C. Code Ann. Section 8-13-700 of the SC Code, I hereby recuse myself from voting on S. 361 (Word version), regarding extensions of construction contracts, so as to provide that the Department of Transportation Commission is not required to provide us reapproval of construction contract extensions and to provide that the Commission must ratify extensions at the next Commission meeting.

I will abstain from this vote because of a potential conflict of interest as an economic interest of myself and the business with which I am associated may be affected. Please note this in the House Journal for March 8, 2023.

Sincerely,
Rep. Roger K. Kirby

RECORD FOR VOTING

I was temporarily out of the Chamber on constituent business during the vote on S. 361 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. William Bailey

RECORD FOR VOTING

I was temporarily out of the Chamber on committee business during the vote on S. 361 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Jay West

H. 3295--DEBATE ADJOURNED

The following Bill was taken up:

H. 3295 (Word version) -- Reps. Collins, Erickson, Bradley and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-1-210 SO AS TO PROVIDE NECESSARY DEFINITIONS; BY ADDING SECTION 59-39-290 SO AS TO DIRECT THE STATE BOARD OF EDUCATION TO ADOPT, ESTABLISH, AND PROMULGATE NECESSARY RULES AND REGULATIONS; BY ADDING SECTION 59-19-360 SO AS TO PROVIDE A PROCESS FOR THE EXEMPTION OF COMPETENCY-BASED SCHOOLS FROM CERTAIN APPLICABLE LAWS AND REGULATIONS, TO PROVIDE REQUIREMENTS FOR IMPLEMENTING COMPETENCY-BASED EDUCATION IN SCHOOLS, AND TO PROVIDE RELATED REQUIREMENTS FOR THE STATE DEPARTMENT OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION; BY AMENDING SECTION 59-1-425, RELATING TO THE STATUTORY ANNUAL SCHOOL CALENDAR, SO AS TO MAKE CONFORMING CHANGES; AND BY AMENDING SECTION 59-39-100, RELATING TO REQUIRED UNITS FOR A HIGH SCHOOL DIPLOMA, SO AS TO MAKE CONFORMING CHANGES.

Rep. ERICKSON moved to adjourn debate on the Bill, which was agreed to.

H. 3843--DEBATE ADJOURNED

The following Bill was taken up:

H. 3843 (Word version) -- Reps. Erickson, Bradley, W. Newton, Hager, Ballentine, Elliott, Caskey, Wooten, Bannister, Herbkersman, Willis, M. M. Smith and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-63-25 SO AS TO PROVIDE AN OPEN ENROLLMENT OPTION IN PUBLIC SCHOOLS; BY AMENDING SECTIONS 59-63-30 AND 59-63-32, RELATING TO REQUIREMENTS FOR PUBLIC SCHOOL ENROLLMENT AND PENALTIES FOR PROVIDING FALSE INFORMATION, AND SECTION 59-63-480, RELATING TO ATTENDANCE AT SCHOOLS IN ADJACENT COUNTIES, ALL SO AS TO MAKE CONFORMING CHANGES; AND BY REPEALING SECTION 59-63-500 RELATING TO TRANSFER WITHOUT CONSENT OF SCHOOL DISTRICT OF RESIDENCE.

Rep. ERICKSON moved to adjourn debate on the Bill, which was agreed to.

H. 3360--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3360 (Word version) -- Reps. Pope, Gilliam, Wooten, McCravy, Felder, Williams, Erickson, Bradley, Mitchell, Forrest, B. Newton and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 17 TO CHAPTER 23, TITLE 23 SO AS TO ESTABLISH THE CENTER FOR SCHOOL SAFETY AND TARGETED VIOLENCE WITHIN THE STATE LAW ENFORCEMENT DIVISION.

Rep. PACE proposed the following Amendment No. 1 to H. 3360 (Word version) (LC-3360.CM0001H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X.   Section 16-23-430(A) of the S.C. Code is amended to read:

(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or ;school personnel authorized by school officials,; and persons authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

School officials may:

(1)   allow school personnel or concealed weapon permit holders to carry on their person a weapon on school property;

(2)   require additional weapons training before authorizing school personnel or concealed weapon permit holders to carry on their person a weapon on school property; or

(3)   prohibit school personnel or concealed weapon permit holders from carrying on their person a weapon on school property.

The Center for School Safety and Violence shall promulgate regulations for training school district staff members who carry a firearm.
Renumber sections to conform.
Amend title to conform.

Rep. PACE explained the amendment.

POINT OF ORDER

Rep. RUTHERFORD raised the Point of Order that Amendment No. 1 was not germane to H. 3360 (Word version).

Rep. PACE argued contra.

The SPEAKER PRO TEMPORE stated that H. 3360 (Word version) dealt with school safety, but Amendment No. 1 concerned the right to carry guns. He stated that the amendment went beyond the scope and effect of the bill, and he sustained the Point of Order.

Rep. CALHOON explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 110; Nays 1

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Beach
Bernstein                Blackwell                Bradley
Brewer                   Burns                    Bustos
Calhoon                  Carter                   Caskey
Chapman                  Chumley                  Clyburn
B. J. Cox                B. L. Cox                Crawford
Cromer                   Davis                    Dillard
Elliott                  Erickson                 Felder
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Haddon                   Hager                    Hardee
Hartnett                 Hayes                    Herbkersman
Hewitt                   Hiott                    Hixon
Hosey                    Hyde                     Jefferson
J. L. Johnson            S. Jones                 W. Jones
Kilmartin                King                     Kirby
Landing                  Lawson                   Leber
Ligon                    Long                     Lowe
Magnuson                 May                      McCabe
McCravy                  McDaniel                 McGinnis
J. Moore                 T. Moore                 A. M. Morgan
T. A. Morgan             Moss                     Murphy
Neese                    B. Newton                W. Newton
Nutt                     O'Neal                   Oremus
Ott                      Pace                     Pedalino
Pendarvis                Pope                     Rivers
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Trantham                 Vaughan                  Weeks
West                     Wetmore                  Wheeler
White                    Williams                 Willis
Wooten                   Yow                      

Total--110

Those who voted in the negative are:

Harris                                            

Total--1

So, the Bill was read the second time and ordered to third reading.

H. 3014--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3014 (Word version) -- Reps. Gilliard, Henegan, Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch, Kirby, Anderson, Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams, Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M. M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Felder, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Bailey, Schuessler, Blackwell, W. Jones, Dillard, Bauer, Sessions, T. Moore, J. L. Johnson, Jefferson, B. J. Cox, Garvin, B. L. Cox, Tedder and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CLEMENTA C. PINCKNEY HATE CRIMES ACT"; BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR CERTAIN CRIMES", TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE VICTIMS OF A VIOLATION OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.

Rep. MCCRAVY proposed the following Amendment No. 1 to H. 3014 (Word version) (LC-3014.AHB0002H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A) and inserting:
(A) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, national origin, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MCCRAVY explained the amendment.

Rep. ELLIOTT spoke against the amendment.

Rep. ELLIOTT moved to table the amendment.

Rep. MCCRAVY demanded the yeas and nays which were taken, resulting as follows:

Yeas 76; Nays 36

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Clyburn
Collins                  Connell                  B. J. Cox
B. L. Cox                Crawford                 Davis
Dillard                  Elliott                  Erickson
Garvin                   Gatch                    Gilliard
Guest                    Guffey                   Hager
Hart                     Hartnett                 Hayes
Hewitt                   Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. L. Johnson            W. Jones                 Jordan
King                     Kirby                    Lowe
McDaniel                 McGinnis                 J. Moore
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thigpen                  Weeks
Wetmore                  Wheeler                  Williams
Wooten                                            

Total--76

Those who voted in the negative are:

Beach                    Burns                    Chapman
Chumley                  Cromer                   Felder
Gagnon                   Gibson                   Gilliam
Haddon                   Hardee                   Harris
S. Jones                 Kilmartin                Landing
Lawson                   Leber                    Long
Magnuson                 May                      McCabe
McCravy                  T. Moore                 A. M. Morgan
T. A. Morgan             Moss                     Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Thayer                   Trantham
Vaughan                  White                    Willis

Total--36

So, the amendment was tabled.

ACTING SPEAKER HIOTT IN CHAIR

SPEAKER IN CHAIR

Rep. MCCRAVY proposed the following Amendment No. 2 to H. 3014 (Word version) (LC-3014.AHB0003H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, current or past status as a state or federal law enforcement officer, detention officer or trainee, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MCCRAVY explained the amendment.

Rep. JORDAN spoke against the amendment.

Rep. JORDAN moved to table the amendment.

Rep. MAY demanded the yeas and nays which were taken, resulting as follows:

Yeas 70; Nays 41

Those who voted in the affirmative are:

Alexander                Anderson                 Ballentine
Bamberg                  Bannister                Bauer
Bernstein                Blackwell                Bradley
Brewer                   Brittain                 Bustos
Carter                   Caskey                   Clyburn
Collins                  Connell                  B. L. Cox
Davis                    Dillard                  Elliott
Erickson                 Garvin                   Gatch
Gilliard                 Guest                    Hager
Harris                   Hart                     Hewitt
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    McDaniel                 McGinnis
Mitchell                 J. Moore                 T. Moore
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Sessions                 G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  Williams
Yow                                               

Total--70

Those who voted in the negative are:

Bailey                   Beach                    Burns
Calhoon                  Chapman                  Chumley
B. J. Cox                Crawford                 Cromer
Gagnon                   Gibson                   Gilliam
Guffey                   Haddon                   Hardee
Hartnett                 S. Jones                 Kilmartin
Landing                  Lawson                   Leber
Long                     Lowe                     Magnuson
May                      McCabe                   McCravy
A. M. Morgan             T. A. Morgan             Moss
Nutt                     O'Neal                   Oremus
Pace                     Pedalino                 Thayer
Trantham                 Vaughan                  White
Willis                   Wooten                   

Total--41

So, the amendment was tabled.

Rep. MAGNUSON proposed the following Amendment No. 4 to H. 3014 (Word version) (LC-3014.AHB0005H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

Rep. W. NEWTON spoke against the amendment.

Rep. W. NEWTON moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 96; Nays 20

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Chapman
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Davis                    Dillard                  Elliott
Erickson                 Felder                   Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Hager
Hardee                   Hart                     Hartnett
Hayes                    Herbkersman              Hewitt
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    Landing                  Lawson
Leber                    Ligon                    Lowe
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 Moss
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pedalino
Pendarvis                Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Vaughan                  Weeks                    West
Wetmore                  Wheeler                  Williams
Willis                   Wooten                   Yow

Total--96

Those who voted in the negative are:

Beach                    Burns                    Chumley
Cromer                   Haddon                   Harris
S. Jones                 Kilmartin                Long
Magnuson                 May                      McCabe
McCravy                  A. M. Morgan             Nutt
O'Neal                   Oremus                   Pace
Trantham                 White                    

Total--20

So, the amendment was tabled.

Rep. MAGNUSON proposed the following Amendment No. 5 to H. 3014 (Word version) (LC-3014.AHB0006H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 16-3-2410, by adding a subsection to read:

(E) The commission of a violent crime which causes death or injury to a child in utero under Section 16-3-1083 also constitutes a separate offense under this section.
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

Rep. JORDAN moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 83; Nays 33

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Clyburn
Collins                  Connell                  B. L. Cox
Davis                    Dillard                  Elliott
Erickson                 Felder                   Forrest
Gagnon                   Garvin                   Gatch
Gilliard                 Guest                    Guffey
Hager                    Hardee                   Hart
Hartnett                 Hayes                    Herbkersman
Hewitt                   Hixon                    Hosey
Howard                   Hyde                     Jefferson
W. Jones                 Jordan                   King
Kirby                    Ligon                    Lowe
McDaniel                 McGinnis                 J. Moore
T. Moore                 Moss                     Murphy
Neese                    B. Newton                W. Newton
Ott                      Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
Sessions                 G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  Williams
Wooten                   Yow                      

Total--83

Those who voted in the negative are:

Beach                    Burns                    Chapman
Chumley                  B. J. Cox                Crawford
Cromer                   Gibson                   Gilliam
Haddon                   Harris                   S. Jones
Kilmartin                Landing                  Lawson
Leber                    Long                     Magnuson
May                      McCabe                   McCravy
A. M. Morgan             T. A. Morgan             Nutt
O'Neal                   Oremus                   Pace
Pedalino                 Thayer                   Trantham
Vaughan                  White                    Willis

Total--33

So, the amendment was tabled.

Rep. MAGNUSON proposed the following Amendment No. 6 to H. 3014 (Word version) (LC-3014.AHB0007H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, hair color, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.

POINT OF ORDER

Rep CASKEY raised the Point of Order that under Rule 8.3 that Amendment No. 6 on H. 3014 (Word version) is dilatory in nature.

Rep. MAGNUSON argued contra.

Rep. CASKEY spoke in favor of the Point of Order.

Rep. BAMBERG spoke in favor of the Point of Order.

The SPEAKER stated that he was overruling the Point of Order at this time. However, he would look at all future amendments on a case-by-case nature to determine if they were dilatory in nature.

Rep. MAGNUSON moved to table the amendment, which was agreed to.

Rep. MAGNUSON proposed the following Amendment No. 8 to H. 3014 (Word version) (LC-3014.AHB0009H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, stage of human development from conception until birth, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

POINT OF ORDER

Rep STAVRINAKIS raised the Point of Order under Rule 8.3 that Amendment No. 8 on H. 3014 (Word version) was dilatory.

Rep. MAGNUSON argued contra.

The SPEAKER overruled the Point of Order.

Rep. MAGNUSON continued speaking.
Rep. JORDAN moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 87; Nays 29

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Chapman
Clyburn                  Collins                  Connell
B. L. Cox                Crawford                 Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Garvin                   Gatch                    Gilliam
Gilliard                 Guest                    Guffey
Hager                    Hardee                   Hartnett
Hayes                    Herbkersman              Hewitt
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    Ligon                    Lowe
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 Moss
Murphy                   B. Newton                W. Newton
Ott                      Pendarvis                Pope
Rivers                   Robbins                  Rose
Rutherford               Sandifer                 Schuessler
Sessions                 G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Thigpen                  Weeks
West                     Wetmore                  Wheeler
Williams                 Wooten                   Yow

Total--87

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Gibson
Haddon                   Harris                   Hiott
S. Jones                 Kilmartin                Landing
Lawson                   Leber                    Long
Magnuson                 May                      McCabe
McCravy                  A. M. Morgan             T. A. Morgan
Nutt                     O'Neal                   Oremus
Pace                     Trantham                 Vaughan
White                    Willis                   

Total--29

So, the amendment was tabled.

Rep. MAGNUSON proposed the following Amendment No. 9 to H. 3014 (Word version) (LC-3014.AHB0010H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, stage of human development from conception until birth, age, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

POINT OF ORDER

Rep MURPHY raised the Point of Order that under Rule 8.3 that Amendment 9 on H. 3014 (Word version) was dilatory.

Rep. MAGNUSON argued contra.

The SPEAKER overruled the Point of Order.

Rep. MAGNUSON continued speaking.

Rep. JORDAN spoke against the amendment.

Rep. JORDAN moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 92; Nays 24

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Calhoon
Carter                   Caskey                   Chapman
Clyburn                  Collins                  Connell
B. L. Cox                Crawford                 Davis
Dillard                  Elliott                  Erickson
Felder                   Forrest                  Gagnon
Garvin                   Gatch                    Gibson
Gilliam                  Gilliard                 Guest
Guffey                   Hager                    Hardee
Hartnett                 Hayes                    Herbkersman
Hewitt                   Hiott                    Hixon
Hosey                    Howard                   Hyde
Jefferson                J. L. Johnson            W. Jones
Jordan                   King                     Kirby
Lawson                   Ligon                    Lowe
McCravy                  McDaniel                 McGinnis
Mitchell                 J. Moore                 T. Moore
Moss                     Murphy                   B. Newton
W. Newton                Ott                      Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Sandifer                 Schuessler               Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thayer
Thigpen                  Vaughan                  Weeks
West                     Wetmore                  Williams
Wooten                   Yow                      

Total--92

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Haddon
Harris                   S. Jones                 Kilmartin
Landing                  Leber                    Long
Magnuson                 May                      McCabe
A. M. Morgan             T. A. Morgan             Nutt
O'Neal                   Oremus                   Pace
Trantham                 White                    Willis

Total--24

So, the amendment was tabled.

Rep. MAGNUSON proposed the following Amendment No. 10 to H. 3014 (Word version) (LC-3014.AHB0011H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, stage of human development from conception until birth, political beliefs or affiliation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

POINT OF ORDER

Rep. BRITTAIN raised the Point of Order under Rule 8.3 that Amendment No. 10 on H. 3014 (Word version) was dilatory.

The SPEAKER sustained the Point of Order.

Rep. MAGNUSON proposed the following Amendment No. 20 to H. 3014 (Word version) (LC-3014.AHB0021H), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1.   This act may be cited as the "Clementa C. Pinckney Hate Crimes Act".
SECTION 2.   Chapter 3, Title 16 of the S.C. Code is amended by adding:

Article 22
Penalty Enhancements for Certain Crimes

Section 16-3-2410.     (A)   When a person commits a violent crime as defined in Section 16 1 60 or commits assault by mob in the second degree as defined in Section 16 3 210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, physical or mental disability, age, political opinion, or the exercise of a person's political rights and privileges, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).

(B)   A person who violates the provisions of subsection (A) and commits a violent crime as defined in Section 16 1 60 or commits assault by mob in the second degree as defined in Section 16 3 210(C), upon conviction, is subject to an additional fine of not more than ten thousand dollars and an additional term of imprisonment of up to five years.

(C)   The provisions of this section provide for the enhancement of the penalties applicable to underlying offenses. When the State seeks enhanced penalties provided for by this section, the court shall conduct a separate proceeding after a conviction for the underlying offense. The court shall permit the prosecuting agency and the defense to present evidence relevant to the determination of whether the defendant intentionally selected the person against whom the offense is committed because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct. The court with competent jurisdiction over the underlying offense shall instruct the trier of fact to find a verdict beyond a reasonable doubt as to a violation of the provisions of this section.

(D)   The additional penalties described in subsection (B) may not be imposed unless the person was indicted, either separately or as a separate count in the indictment, for the underlying offense and for the offense pursuant to this section committed against the victim who was intentionally selected because of the person's belief or perception regarding one or more of the factors provided in subsection (A), whether or not the perception is correct, and the person was found guilty of the underlying offense.
SECTION 3.   This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend title to conform.

Rep. MAGNUSON explained the amendment.

Rep. YOW spoke against the amendment.
Rep. HART spoke against the amendment.
Rep. MAGNUSON spoke in favor of the amendment.

Rep. JORDAN moved to table the amendment, which was agreed to by a division vote of 81 to 22.

Rep. ELLIOTT proposed the following Amendment No. 21 to H. 3014 (Word version) (LC-3014.AHB0022H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A) and inserting:

(A) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. ELLIOTT explained the amendment.
The amendment was then adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. YOW a leave of absence for the remainder of the day.
Rep. LONG proposed the following Amendment No. 22 to H. 3014 (Word version) (LC-3014.AHB0023H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, profession or occupation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. LONG explained the amendment.

POINT OF ORDER

Rep. MURPHY raised the Point of Order under Rule 8.3 that Amendment No. 22 on H. 3014 (Word version) was dilatory.

The SPEAKER overruled the Point of Order.

Rep. LONG continued speaking.

Rep. W. NEWTON moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 82; Nays 21

Those who voted in the affirmative are:

Alexander                Anderson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Clyburn
Connell                  B. L. Cox                Davis
Elliott                  Felder                   Forrest
Gagnon                   Garvin                   Gibson
Gilliam                  Gilliard                 Guest
Hager                    Hardee                   Hart
Hartnett                 Hayes                    Herbkersman
Hewitt                   Hiott                    Hixon
Hosey                    Howard                   Hyde
Jefferson                J. L. Johnson            W. Jones
Jordan                   King                     Kirby
Landing                  Leber                    Ligon
McDaniel                 McGinnis                 Mitchell
J. Moore                 T. Moore                 Moss
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pendarvis
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Weeks                    Wetmore                  Wheeler
Williams                                          

Total--82

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Harris
S. Jones                 Kilmartin                Lawson
Long                     Magnuson                 May
McCabe                   McCravy                  A. M. Morgan
Nutt                     Oremus                   Pace
Vaughan                  White                    Willis

Total--21

So, the amendment was tabled.

Rep. LONG proposed the following Amendment No. 24 to H. 3014 (Word version) (LC-3014.AHB0025H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, family status, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. LONG explained the amendment.

Rep. W. NEWTON spoke against the amendment.

Rep. W. NEWTON moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 92; Nays 19

Those who voted in the affirmative are:

Alexander                Anderson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Clyburn
Collins                  Connell                  B. L. Cox
Crawford                 Davis                    Dillard
Elliott                  Erickson                 Felder
Forrest                  Gagnon                   Garvin
Gatch                    Gibson                   Gilliam
Gilliard                 Guest                    Guffey
Hager                    Hardee                   Hart
Hartnett                 Hayes                    Hewitt
Hiott                    Hixon                    Hosey
Howard                   Hyde                     Jefferson
J. L. Johnson            W. Jones                 Jordan
King                     Kirby                    Landing
Lawson                   Leber                    Ligon
Lowe                     McDaniel                 McGinnis
Mitchell                 T. Moore                 Moss
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pedalino
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Vaughan                  Weeks                    West
Wetmore                  Wheeler                  Williams
Willis                   Wooten                   

Total--92

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Harris
S. Jones                 Kilmartin                Long
Magnuson                 May                      McCabe
McCravy                  A. M. Morgan             Nutt
O'Neal                   Oremus                   Pace
White                                             

Total--19

So, the amendment was tabled.

Rep. CROMER proposed the following Amendment No. 27 to H. 3014 (Word version) (LC-3014.WAB0031H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(2) and inserting:

(2) For purposes of this article, the definition of "sex" means the classification of a human person as either being male or female based on their specific reproductive role as indicated by the person's sex chromosomes, naturally occurring sex hormones, and their internal and external genitalia that is present at birth.
Renumber sections to conform.
Amend title to conform.

Rep. CROMER explained the amendment.

Rep. BRITTAIN moved to table the amendment.

Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:

Yeas 84; Nays 27

Those who voted in the affirmative are:

Alexander                Anderson                 Bailey
Ballentine               Bamberg                  Bannister
Bauer                    Bernstein                Blackwell
Bradley                  Brewer                   Brittain
Bustos                   Calhoon                  Carter
Caskey                   Chapman                  Clyburn
Collins                  Connell                  Crawford
Davis                    Dillard                  Elliott
Erickson                 Felder                   Forrest
Gagnon                   Garvin                   Gatch
Gibson                   Gilliam                  Gilliard
Guest                    Guffey                   Hager
Hardee                   Hart                     Hartnett
Hayes                    Hewitt                   Hiott
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    Landing                  Ligon
Lowe                     McDaniel                 McGinnis
T. Moore                 Murphy                   Neese
B. Newton                W. Newton                Ott
Pope                     Rivers                   Robbins
Rose                     Rutherford               Sandifer
Schuessler               Sessions                 G. M. Smith
M. M. Smith              Stavrinakis              Taylor
Tedder                   Thayer                   Thigpen
Weeks                    West                     Wetmore
Wheeler                  Williams                 Wooten

Total--84

Those who voted in the negative are:

Beach                    Burns                    Chumley
B. J. Cox                Cromer                   Harris
S. Jones                 Kilmartin                Lawson
Leber                    Long                     Magnuson
May                      McCabe                   McCravy
Mitchell                 A. M. Morgan             T. A. Morgan
Moss                     Nutt                     O'Neal
Oremus                   Pace                     Trantham
Vaughan                  White                    Willis

Total--27

So, the amendment was tabled.

Rep. A. M. MORGAN proposed the following Amendment No. 28 to H. 3014 (Word version) (LC-3014.WAB0032H), which was ruled out of order:
Amend the bill, as and if amended, SECTION 2, by striking Section 16-3-2410(A)(1) and inserting:
(1) When a person commits a violent crime as defined in Section 16-1-60 or commits assault by mob in the second degree as defined in Section 16-3-210(C) and the trier of fact determines beyond a reasonable doubt that the offense was committed against a victim who was intentionally selected, in whole or in part, because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, political affiliation, or physical or mental disability, whether or not the perception is correct, the person is subject to additional penalties as provided in subsection (B).
Renumber sections to conform.
Amend title to conform.

Rep. A. M. MORGAN explained the amendment.

POINT OF ORDER

Rep. GATCH raised the Point of Order under Rule 8.3 that Amendment 28 on H. 3014 (Word version) was dilatory in nature in that it was similar to Amendment Nos. 11-19 that were also dilatory.

Rep. MAGNUSON argued contra.

SPEAKER SMITH overruled the Point of Order and stated that amendments 11-19 had been withdrawn and were not ruled out of order.

POINT OF ORDER

Rep. W. NEWTON raised the Point of Order under Rule 8.3 that Amendment 28 on H. 3014 (Word version) was dilatory in that it was similar to Amendment No. 10 that had been ruled out of order as dilatory.

The SPEAKER sustained the Point of Order and state that Amendment No. 28 was substantially the same as Amendment No. 10 and was dilatory.

Rep. W. JONES spoke in favor of the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 84; Nays 31

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bauer                    Bernstein
Blackwell                Bradley                  Brewer
Brittain                 Bustos                   Carter
Clyburn                  Collins                  Connell
B. J. Cox                B. L. Cox                Crawford
Davis                    Dillard                  Elliott
Erickson                 Garvin                   Gatch
Gilliard                 Guest                    Hager
Hardee                   Hart                     Hartnett
Hayes                    Herbkersman              Hewitt
Hixon                    Hosey                    Howard
Hyde                     Jefferson                J. L. Johnson
W. Jones                 Jordan                   King
Kirby                    Landing                  Ligon
Lowe                     McDaniel                 McGinnis
Mitchell                 J. Moore                 T. Moore
Murphy                   Neese                    B. Newton
W. Newton                Ott                      Pedalino
Pendarvis                Pope                     Rivers
Robbins                  Rose                     Rutherford
Sandifer                 Schuessler               Sessions
G. M. Smith              M. M. Smith              Stavrinakis
Taylor                   Tedder                   Thigpen
Trantham                 Vaughan                  Weeks
West                     Wetmore                  Wheeler
Williams                 Willis                   Wooten

Total--84

Those who voted in the negative are:

Beach                    Burns                    Calhoon
Chapman                  Chumley                  Cromer
Felder                   Forrest                  Gagnon
Gibson                   Gilliam                  Guffey
Haddon                   Harris                   Hiott
S. Jones                 Kilmartin                Lawson
Long                     Magnuson                 May
McCabe                   McCravy                  A. M. Morgan
T. A. Morgan             Moss                     Nutt
O'Neal                   Oremus                   Pace
White                                             

Total--31

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was on family medical leave during the vote on H. 3014 (Word version), the Clementa C. Pinckney Hate Crimes Act. As a cosponsor, I would have voted to pass this Bill and I wish to have this reflected in the House Journal.

Rep. Patricia Henegan

H. 3014--MOTION TO RECONSIDER TABLED

Rep. GILLIARD moved to reconsider the vote whereby the following Bill was given second reading:

H. 3014 (Word version) -- Reps. Gilliard, Henegan, Ott, Collins, Carter, Murphy, Robbins, Brewer, Gatch, Kirby, Anderson, Rivers, Howard, King, McDaniel, Hosey, Clyburn, Cobb-Hunter, Bamberg, Williams, Bernstein, W. Newton, Herbkersman, Hyde, Brittain, Guest, Erickson, Bradley, Hager, Connell, Hewitt, Rutherford, Thigpen, B. Newton, McGinnis, Hardee, Hixon, Taylor, Sandifer, M. M. Smith, Wetmore, Bustos, Landing, Elliott, Pope, Felder, Stavrinakis, Rose, Neese, Davis, Wooten, Bannister, Wheeler, Bailey, Schuessler, Blackwell, W. Jones, Dillard, Bauer, Sessions, T. Moore, J. L. Johnson, Jefferson, B. J. Cox, Garvin, B. L. Cox, Tedder and Alexander: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "CLEMENTA C. PINCKNEY HATE CRIMES ACT"; BY ADDING ARTICLE 22 TO CHAPTER 3, TITLE 16 SO AS TO ENTITLE THE ARTICLE "PENALTY ENHANCEMENTS FOR CERTAIN CRIMES", TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO COMMIT CERTAIN DELINEATED CRIMES WHEN THE VICTIM WAS INTENTIONALLY SELECTED BASED ON CERTAIN FACTORS, AND TO PROVIDE VICTIMS OF A VIOLATION OF THE ARTICLE MAY BRING A CIVIL ACTION FOR DAMAGES SUSTAINED.

Rep. GILLIARD moved to table the motion to reconsider, which was agreed to.

STATEMENT BY REP. W. NEWTON

Rep. W. NEWTON gave notice of offering technical amendments on third reading if necessary, pursuant to Rule 9.2.

Rep. FORREST moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4079 (Word version) -- Reps. Pedalino, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAURENCE MANNING ACADEMY BASEBALL TEAM FOR AN IMPRESSIVE SEASON AND TO CELEBRATE THE SWAMPCATS' CAPTURE OF THE 2022 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS 3A STATE CHAMPIONSHIP TITLE.

ADJOURNMENT

At 4:08 p.m. the House, in accordance with the motion of Rep. KING, adjourned in memory of Andrew P. "A.P." Corley, to meet at 10:00 a.m. tomorrow.

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