South Carolina General Assembly
124th Session, 2021-2022
Journal of the House of Representatives

THURSDAY, DECEMBER 9, 2021

Indicates Matter Stricken
Indicates New Matter

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

Our thought for today is from Psalm 94:17: "If the Lord had not been my help, my soul would soon have in the land of silence."

Let us pray. Dear God, help us to see Your healing and saving work in our daily life. We thank You for feeding us with the food that sustains us in this life. Make these Representatives and staff strong in their belief for what they stand for. Grant Your blessings upon each of these Representatives and staff as they strive to do the right thing for the people of this State. Bless our defenders of freedom and first responders as they protect us. Bless our leaders as they work for the betterment of the people. Bless our World, Nation, President, State, Governor, Speaker, staff, and all who labor in this vineyard. Heal the wounds, those seen and those hidden, of our brave 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 Monday, December 6, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. TEDDER moved that when the House adjourns, it adjourn in memory of former Representative Lucille Whipper, which was agreed to.

SILENT PRAYER

The House stood in silent prayer for the friends and family of Representative McCravy.

SILENT PRAYER

The House stood in silent prayer for the family and friends of Representative Hewitt.

REPORT OF STANDING COMMITTEE

Rep. G. M. SMITH, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3126 (Word version) -- Reps. Jones, Burns, Chumley, Magnuson, Taylor, Haddon, Long, Forrest, McCabe, Oremus, Hill, M. M. Smith, Huggins, Wooten, Ballentine, Bustos, B. Cox, Elliott, Trantham, Willis, Nutt, Morgan, McCravy, Thayer, V. S. Moss, Stringer, T. Moore, Allison, Hixon, Bennett, Fry, Kimmons, Davis and Murphy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-130 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF TO ACCEPT ANY FEDERAL FUNDS TO ENFORCE AN UNLAWFUL FEDERAL MASK MANDATE OR UNLAWFUL FEDERAL VACCINE MANDATE.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

S. 880 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF ADDISON "JACK" GREENE, TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME GREENTOWN ROAD IN BERKELEY COUNTY, FROM ITS INTERSECTION WITH HARRISTOWN ROAD TO ITS INTERSECTION WITH SANTEE RIVER ROAD, "ADDISON 'JACK' GREENE MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THIS DESIGNATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

S. 881 (Word version) -- Senator Grooms: A CONCURRENT RESOLUTION TO CONGRATULATE DOUG MCELVEEN FOR RECEIVING THE 2022 TIME DEALER OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 865 (Word version) -- Senators Rankin, Campsen, Young, Sabb, Matthews, Talley and Harpootlian: A BILL TO AMEND SECTION 1-1-715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE UNITED STATES CENSUS OF 2020 AS THE TRUE AND CORRECT ENUMERATION OF INHABITANTS OF THIS STATE AND TO IDENTIFY THE DATA USED IN THE CODE SECTIONS CONTAINING GEOGRAPHIC ASSIGNMENTS FOR ELECTION DISTRICTS; BY ADDING SECTION 2-1-75 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SOUTH CAROLINA SENATE ARE ELECTED COMMENCING WITH THE 2024 GENERAL ELECTION; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING WITH THE 2022 GENERAL ELECTION; TO REPEAL SECTION 2-1-70 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE WERE FORMERLY ELECTED; TO REPEAL SECTION 2-1-35 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED; TO AUTHORIZE THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE TO INTERVENE IN ANY STATE OR FEDERAL ACTION CONCERNING THIS LEGISLATION; TO AUTHORIZE THE PRESIDENT OF THE SENATE TO INITIATE OR OTHERWISE PARTICIPATE IN LITIGATION ON BEHALF OF THE SENATE REGARDING REDISTRICTING; AND TO AUTHORIZE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO INITIATE OR OTHERWISE PARTICIPATE IN LITIGATION ON BEHALF OF THE HOUSE REGARDING REDISTRICTING.
Referred to Committee on Judiciary

ROLL CALL

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

Alexander                Allison                  Anderson
Atkinson                 Bailey                   Ballentine
Bamberg                  Bennett                  Bernstein
Blackwell                Brawley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Clyburn
Cobb-Hunter              Cogswell                 Collins
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Dillard
Elliott                  Erickson                 Felder
Finlay                   Forrest                  Fry
Gagnon                   Garvin                   Gatch
Gilliam                  Govan                    Haddon
Hardee                   Hart                     Hayes
Henderson-Myers          Henegan                  Hill
Hiott                    Hixon                    Hosey
Howard                   Huggins                  Hyde
Jefferson                J. E. Johnson            J. L. Johnson
K. O. Johnson            Jones                    Jordan
Kimmons                  King                     Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   Matthews
May                      McCabe                   McCravy
McDaniel                 McGarry                  McGinnis
McKnight                 J. Moore                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
Murphy                   Nutt                     Oremus
Ott                      Pendarvis                Pope
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Thigpen                  Trantham
Weeks                    West                     Wetmore
Wheeler                  Whitmire                 R. Williams
S. Williams              Willis                   Wooten
Yow                                               

Total Present--109

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. MURRAY a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. KIRBY a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BANNISTER a leave of absence for the day.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. CARTER a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CASKEY a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHITE a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILLIARD a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HEWITT a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. B. NEWTON a leave of absence for the day due to a prior commitment.

LEAVE OF ABSENCE

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

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. 3126 (Word version)
Date:   ADD:
12/09/21   KIMMONS, DAVIS, MURPHY and FRY

CO-SPONSOR ADDED

Bill Number:   H. 3766 (Word version)
Date:   ADD:
12/09/21   R. WILLIAMS

CO-SPONSORS ADDED

Bill Number:   H. 4245 (Word version)
Date:   ADD:
12/09/21   HUGGINS and WOOTEN

CO-SPONSOR ADDED

Bill Number:   H. 4389 (Word version)
Date:   ADD:
12/09/21   WOOTEN

CO-SPONSOR REMOVED

Bill Number:   H. 3126 (Word version)
Date:   REMOVE:
12/09/21   DILLARD

HOUSE RESOLUTION

The following was introduced:

H. 4684 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4493 (Word version), RELATING TO THE BILL TO ADOPT THE UNITED STATES CENSUS OF 2020 AS OFFICIAL AND TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ARE ELECTED ACCORDINGLY, FOR CONCURRENCE IN SENATE AMENDMENTS ON THURSDAY, DECEMBER 9, 2021, IMMEDIATELY UPON ADOPTION OF THIS RESOLUTION; AND TO SET BY SPECIAL ORDER H. 3126 (Word version), RELATING TO THE BILL TO PROHIBIT CERTAIN VACCINE MANDATES AND TO PROVIDE FOR FURTHER MATTERS RELATED TO FUNDING, FOR SECOND READING ON THURSDAY, DECEMBER 9, 2021, IMMEDIATELY FOLLOWING CONCURRENCE ON H. 4493 (Word version) AND CONTINUING ON THE NEXT LEGISLATIVE DAY IMMEDIATELY AFTER THE ROLL CALL UNTIL H. 3126 (Word version) IS GIVEN THIRD READING OR OTHER DISPOSITION.
Rep. THAYER explained the House Resolution.

Rep. KING spoke against the House Resolution.

POINT OF ORDER

Rep. HART raised the Point of Order that Rule 8.10 stated that any member without debate may call for division of the question, if the Speaker determines the question is so distinct that it should be taken away. He stated that the Speaker had incorrectly responded to Rep. Weeks' question earlier when Rep. Weeks had asked if a motion to divide the question was appropriate on H. 4684 (Word version).

The SPEAKER stated that the House could only divide the question on amendments and that the last sentence of Rule 8.10 specifically stated that the House could not divide the question on the bill. He overruled the Point of Order.

The Resolution was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BERNSTEIN a leave of absence for the remainder of the day.

H. 4493--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 4493 (Word version) -- Reps. Lucas and Murphy: A BILL TO AMEND SECTION 1-1-715, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF THE UNITED STATES CENSUS, SO AS TO ADOPT THE UNITED STATES CENSUS OF 2020 AS OFFICIAL; BY ADDING SECTION 2-1-45 SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED BEGINNING WITH THE 2022 GENERAL ELECTION; AND TO REPEAL SECTION 2-1-35 RELATING TO ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES WERE FORMERLY ELECTED.

Rep. JORDAN explained the Senate Amendments.
The yeas and nays were taken resulting as follows:

Yeas 75; Nays 27

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bamberg                  Bennett
Blackwell                Brittain                 Bryant
Burns                    Bustos                   Calhoon
Chumley                  Cogswell                 Collins
B. Cox                   Dabney                   Daning
Davis                    Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hayes                    Henegan
Hiott                    Hixon                    Hosey
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Taylor                   Thayer                   Trantham
West                     Wetmore                  Whitmire
Willis                   Wooten                   Yow

Total--75

Those who voted in the negative are:

Alexander                Anderson                 Brawley
Clyburn                  Cobb-Hunter              Garvin
Govan                    Hart                     Howard
Jefferson                J. L. Johnson            K. O. Johnson
King                     Matthews                 McDaniel
McKnight                 Ott                      Pendarvis
Rivers                   Robinson                 Rose
Rutherford               Tedder                   Thigpen
Weeks                    Wheeler                  R. Williams

Total--27

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SPEAKER PRO TEMPORE IN CHAIR

H. 3126--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3126 (Word version) -- Reps. Jones, Burns, Chumley, Magnuson, Taylor, Haddon, Long, Forrest, McCabe, Oremus, Hill, M. M. Smith, Huggins, Wooten, Ballentine, Bustos, B. Cox, Elliott, Trantham, Willis, Nutt, Morgan, McCravy, Thayer, V. S. Moss, Stringer, T. Moore, Allison, Hixon, Bennett, Fry, Kimmons, Davis and Murphy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-130 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR THIS STATE OR ANY POLITICAL SUBDIVISION THEREOF TO ACCEPT ANY FEDERAL FUNDS TO ENFORCE AN UNLAWFUL FEDERAL MASK MANDATE OR UNLAWFUL FEDERAL VACCINE MANDATE.

The Ways and Means Committee proposed the following Amendment No. 1 to H. 3126 (Word version) (COUNCIL\SA\3126C011.DF.SA21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   The State or any political subdivision thereof, including a school district, may not enact a COVID-19 vaccine mandate for any employee, independent contractor, nonemployee vendor, or student as a condition of employment or attendance.
SECTION   2.   Chapter 15, Title 8 of the 1976 Code is amended by adding:

"Section   8-15-80.   (A)   Neither the State, nor any of its political subdivisions, may terminate a person employed as a first responder if the first responder does not undergo a COVID-19 vaccination.

(B)   For purposes of this section, 'first responder' means a law enforcement officer, firefighter, emergency medical technician, or paramedic who is paid from public funds."
SECTION   3.   (A)   A private employer may not terminate or suspend an individual who does not receive a COVID-19 vaccination.

(B)   If a private employer is subject to a federal vaccine mandate, it may allow an unvaccinated employee to undergo weekly COVID-19 testing without being subject to the forfeiture of federal funds.

(C)   The Department of Health and Environmental Control and the Medical University of South Carolina shall partner with private employers to provide COVID-19 testing.

(D)   From the Contingency Reserve Fund, there is appropriated ten million dollars to the Department of Health and Environmental Control and ten million dollars to the Medical University of South Carolina to fund COVID-19 testing for private employers.
SECTION   4.   Any employer who violates any provision of this act is liable in a civil action for lost wages suffered by an employee as a result of the violation, and an employee discharged in violation of this act is entitled to be reinstated to his former position. Furthermore, an employee may recover costs and reasonable attorney's fees as the court may allow. The statute of limitations for actions under this act is one year.
SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   6.   This act takes effect upon approval by the Governor and the provisions of this act are repealed on December 31, 2024 unless reauthorized by the General Assembly.     /
Renumber sections to conform.
Amend title to conform.

Rep. JONES explained the amendment.

Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT spoke against the amendment.

Rep. THIGPEN moved to divide the question.

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

Yeas 35; Nays 66

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bamberg                  Brawley                  Clyburn
Cobb-Hunter              Collins                  Dillard
Garvin                   Govan                    Hart
Hayes                    Henderson-Myers          Henegan
Hosey                    Howard                   Jefferson
J. L. Johnson            K. O. Johnson            King
Matthews                 McDaniel                 McKnight
J. Moore                 Ott                      Pendarvis
Rivers                   Robinson                 Tedder
Thigpen                  Wetmore                  Wheeler
R. Williams              S. Williams              

Total--35

Those who voted in the negative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Cogswell
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Finlay                   Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Kimmons                  Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murphy                   Nutt
Oremus                   Pope                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Trantham                 West                     Whitmire
Willis                   Wooten                   Yow

Total--66

So, the House refused to divide the question.

Rep. BRAWLEY spoke against the amendment.
Rep. BRAWLEY spoke against the amendment.
Rep. J. L. JOHNSON spoke against the amendment.
Rep. PENDARVIS spoke against the amendment.
Rep. PENDARVIS spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. MATTHEWS spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER PRO TEMPORE granted Rep. ROBINSON a leave of absence for the remainder of the day.

Rep. MATTHEWS continued speaking.
Rep. FRY spoke in favor of the amendment.
Rep. HOWARD spoke against the amendment.
Rep. TEDDER spoke against the amendment.
Rep. TEDDER spoke against the amendment.

The question then recurred to the adoption of the amendment, which was not agreed to.

SPEAKER IN CHAIR

Rep. COBB-HUNTER moved to reconsider the vote whereby Amendment No. 1 was rejected, which was agreed to.

Rep. COBB-HUNTER moved to table the amendment.

Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:

Yeas 35; Nays 65

Those who voted in the affirmative are:

Alexander                Anderson                 Atkinson
Bamberg                  Brawley                  Clyburn
Cobb-Hunter              Cogswell                 Collins
Dillard                  Garvin                   Govan
Hart                     Hayes                    Henderson-Myers
Henegan                  Hill                     Hosey
Howard                   Jefferson                J. L. Johnson
K. O. Johnson            King                     Matthews
McKnight                 Ott                      Pendarvis
Rose                     Rutherford               Stavrinakis
Tedder                   Thigpen                  Wetmore
Wheeler                  R. Williams              

Total--35

Those who voted in the negative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  B. Cox
Crawford                 Dabney                   Daning
Davis                    Elliott                  Erickson
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McCravy
McGarry                  McGinnis                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
Murphy                   Nutt                     Oremus
Pope                     Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Taylor                   Thayer                   Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--65

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 3 to H. 3126 (Word version) (COUNCIL\AHB\3126C001.BH.AHB21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION   __.   Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-20.   (A)   It is unlawful for any person to produce a falsified or otherwise forged COVID-19 vaccine card or passport or to knowingly possess a falsified or otherwise forged COVID-19 vaccine card or passport. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days.

(B) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, violations of this section must be tried exclusively in magistrates court." /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. L. JOHNSON a leave of absence for the remainder of the day.

Rep. COBB-HUNTER continued speaking.

Rep. TAYLOR moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 39

Those who voted in the affirmative are:

Allison                  Bailey                   Bennett
Blackwell                Brittain                 Bryant
Burns                    Bustos                   Calhoon
Chumley                  B. Cox                   Crawford
Dabney                   Daning                   Davis
Elliott                  Erickson                 Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hill
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Kimmons                  Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McCravy                  McGarry
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murphy                   Nutt
Oremus                   Pope                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Trantham                 West                     Whitmire
Willis                   Yow                      

Total--62

Those who voted in the negative are:

Alexander                Anderson                 Atkinson
Ballentine               Bamberg                  Brawley
Clyburn                  Cobb-Hunter              Cogswell
Collins                  Dillard                  Felder
Finlay                   Garvin                   Govan
Hardee                   Hayes                    Henderson-Myers
Henegan                  Hosey                    Howard
Jefferson                K. O. Johnson            King
Matthews                 McGinnis                 McKnight
Pendarvis                Rivers                   Rose
Rutherford               Stavrinakis              Tedder
Thigpen                  Wetmore                  Wheeler
R. Williams              S. Williams              Wooten

Total--39

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 4 to H. 3126 (Word version) (COUNCIL\SA\3126C013.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   Doctors and hospital staff shall prioritize patients who have received the COVID-19 vaccine over patients who are unvaccinated against COVID-19 when medical resources are limited. /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. FORREST moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 30

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Collins
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hill                     Hiott
Hixon                    Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McCravy
McGarry                  McGinnis                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
Murphy                   Nutt                     Oremus
Pope                     Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Taylor                   Thayer                   Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--68

Those who voted in the negative are:

Alexander                Anderson                 Atkinson
Brawley                  Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Govan
Hayes                    Henderson-Myers          Henegan
Hosey                    Howard                   Jefferson
K. O. Johnson            King                     McKnight
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Tedder                   Thigpen                  Wetmore
Wheeler                  R. Williams              S. Williams

Total--30

So, the amendment was tabled.

Rep. HIOTT moved cloture on the entire matter.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 34

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  B. Cox
Crawford                 Dabney                   Daning
Davis                    Elliott                  Erickson
Felder                   Finlay                   Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Kimmons                  Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McCravy                  McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Taylor
Thayer                   Thigpen                  Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--68

Those who voted in the negative are:

Alexander                Anderson                 Atkinson
Bamberg                  Brawley                  Clyburn
Cobb-Hunter              Collins                  Dillard
Garvin                   Hart                     Hayes
Henderson-Myers          Henegan                  Hill
Hosey                    Howard                   Jefferson
K. O. Johnson            King                     Matthews
McKnight                 J. Moore                 Ott
Pendarvis                Rivers                   Rose
Rutherford               Stavrinakis              Tedder
Wetmore                  Wheeler                  R. Williams
S. Williams                                       

Total--34

So, cloture was ordered.

Rep. COBB-HUNTER proposed the following Amendment No. 5 to H. 3126 (Word version) (COUNCIL\SA\3126C014.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   An individual who is terminated as a result of refusing to receive the COVID-19 vaccine does not have any cause of action against his employer.     /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.

Rep. TAYLOR moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 68; Nays 29

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bamberg                  Bennett                  Blackwell
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Chumley
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hill                     Hiott
Hixon                    Huggins                  Hyde
J. E. Johnson            Jones                    Jordan
Kimmons                  Ligon                    Long
Lowe                     Lucas                    Magnuson
Martin                   May                      McCabe
McGarry                  McGinnis                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
Murphy                   Nutt                     Oremus
Pope                     Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Taylor                   Thayer                   Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--68

Those who voted in the negative are:

Alexander                Anderson                 Brawley
Clyburn                  Cobb-Hunter              Collins
Dillard                  Garvin                   Govan
Hart                     Henderson-Myers          Henegan
Hosey                    Howard                   Jefferson
K. O. Johnson            King                     Matthews
McKnight                 J. Moore                 Ott
Rivers                   Rose                     Rutherford
Tedder                   Thigpen                  Wetmore
R. Williams              S. Williams              

Total--29

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STAVRINAKIS a leave of absence for the remainder of the day.

Rep. COBB-HUNTER proposed the following Amendment No. 6 to H. 3126 (Word version) (COUNCIL\SA\3126C018.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   An individual who is terminated as a result of refusing to receive the COVID-19 vaccine does not qualify for unemployment benefits.     /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.

Rep. BAMBERG moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 26

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bamberg                  Bennett
Blackwell                Brittain                 Bryant
Burns                    Bustos                   Calhoon
Chumley                  B. Cox                   Crawford
Dabney                   Daning                   Davis
Elliott                  Erickson                 Felder
Finlay                   Forrest                  Fry
Gagnon                   Gatch                    Gilliam
Haddon                   Hardee                   Hayes
Hill                     Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Taylor
Thayer                   Thigpen                  Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--71

Those who voted in the negative are:

Anderson                 Brawley                  Clyburn
Cobb-Hunter              Collins                  Dillard
Garvin                   Hart                     Henderson-Myers
Henegan                  Hosey                    Howard
Jefferson                K. O. Johnson            King
Matthews                 J. Moore                 Ott
Pendarvis                Rivers                   Rose
Rutherford               Tedder                   Wetmore
R. Williams              S. Williams              

Total--26

So, the amendment was tabled.

Reps. BURNS and HIXON proposed the following Amendment No. 8 to H. 3126 (Word version) (COUNCIL\VR\3126C004.CC.VR21), which was tabled:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/     SECTION   __.   Chapter 29, Title 44 of the 1976 Code is amended by adding:

"Section 44-29-58.   Vaccination status, possession of an immunity passport, or compliance with a mask mandate issued in response to an infectious disease may not be taken into consideration by an insurer, insurance agent, third party payer, or employer when setting any life or health insurance premium, determining the right to an insurance rebate, or making any other insurance-related cost or coverage decision. For purposes of this section:
(1)     'Immunity passport' means a document, digital record, or software application indicating that a person is immune to a disease, either through vaccination or infection and recovery.
(2)     'Vaccination status' means an indication of whether a person has received one or more doses of a vaccine."
SECTION   __.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.     /
Renumber sections to conform.
Amend title to conform.

Rep. HIXON spoke in favor of the amendment.

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

Rep. McKNIGHT proposed the following Amendment No. 9 to H. 3126 (Word version) (COUNCIL\SA\3126C015.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   ___.   An individual who has not received the COVID-19 vaccine is responsible for all medical costs associated with any COVID-19 treatment or hospitalization.   An insurance company is not liable for any hospitalization or medical bills related to COVID-19.   /
Renumber sections to conform.
Amend title to conform.

Rep. MCKNIGHT spoke in favor of the amendment.

Rep. HIOTT moved to table the amendment.

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

Yeas 74; Nays 26

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Blackwell
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Chumley
Collins                  B. Cox                   Crawford
Dabney                   Daning                   Davis
Elliott                  Erickson                 Felder
Finlay                   Forrest                  Fry
Gagnon                   Gatch                    Gilliam
Haddon                   Hardee                   Hayes
Hill                     Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Ott
Pope                     Rose                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Thigpen                  Trantham                 West
Wetmore                  Whitmire                 Willis
Wooten                   Yow                      

Total--74

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Brawley                  Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Hart
Henderson-Myers          Henegan                  Hosey
Howard                   Jefferson                K. O. Johnson
King                     Matthews                 McDaniel
McKnight                 J. Moore                 Pendarvis
Rivers                   Rutherford               Tedder
R. Williams              S. Williams              

Total--26

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 10 to H. 3126 (Word version) (COUNCIL\PH\3126C001.JN.PH21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION _.   Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-300.   Insurers offering individual and group health insurance policies or health maintenance organizations, including the State Health Plan, may charge a higher premium to any insured who has not received a COVID-19 vaccination."   /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER spoke in favor of the amendment.

Rep. HIXON moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 33

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  B. Cox
Crawford                 Dabney                   Daning
Davis                    Elliott                  Erickson
Felder                   Finlay                   Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Hill                     Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murphy                   Nutt
Oremus                   Pope                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Trantham                 West                     Whitmire
Willis                   Wooten                   Yow

Total--66

Those who voted in the negative are:

Alexander                Anderson                 Atkinson
Bamberg                  Brawley                  Cobb-Hunter
Collins                  Dillard                  Garvin
Govan                    Hart                     Hayes
Henderson-Myers          Henegan                  Hosey
Howard                   Jefferson                K. O. Johnson
King                     Matthews                 McKnight
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Tedder                   Thigpen                  Wetmore
Wheeler                  R. Williams              S. Williams

Total--33

So, the amendment was tabled.

Rep. BAMBERG proposed the following Amendment No. 11 to H. 3126 (Word version) (COUNCIL\SA\3126C020.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   (A)   There is created the Small Business Relief Fund under the Department of Administration. A small business may apply for a grant for a financial loss incurred due to unvaccinated employees and the spread of COVID-19 in the workplace.

(B)   From the Contingency Reserve Fund, there is appropriated five hundred million dollars to the Small Business Relief Fund. Funds are distributed on a first come first served basis until the fund is exhausted.

(C)   The Department of Administration shall develop criteria for small businesses to receive a grant.   /
Renumber sections to conform.
Amend title to conform.

Rep. BAMBERG spoke in favor of the amendment.

Rep. G. M. SMITH moved to table the amendment.

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

Yeas 71; Nays 26

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Blackwell
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Chumley
Collins                  B. Cox                   Crawford
Dabney                   Daning                   Davis
Elliott                  Erickson                 Finlay
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hayes                    Hill
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Kimmons                  Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murphy                   Nutt
Oremus                   Ott                      Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Taylor
Thayer                   Trantham                 West
Wheeler                  Whitmire                 Willis
Wooten                   Yow                      

Total--71

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Brawley                  Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Govan
Hart                     Henderson-Myers          Hosey
Howard                   Jefferson                K. O. Johnson
King                     Matthews                 McKnight
J. Moore                 Pendarvis                Rivers
Rose                     Rutherford               Tedder
R. Williams              S. Williams              

Total--26

So, the amendment was tabled.

Rep. KING proposed the following Amendment No. 12 to H. 3126 (Word version) (COUNCIL\SA\3126C021.DF.SA21), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/   SECTION   __.   An individual who is vaccinated against COVID-19 who is terminated because of his refusal to work with unvaccinated individuals may bring an action against his employer for lost wages in an amount equal to the employee's wages for one year. Furthermore, an employee may recover costs and reasonable attorney's fees as the court may allow.   /
Renumber sections to conform.
Amend title to conform.

Rep. KING spoke in favor of the amendment.

Rep. MARTIN moved to table the amendment.

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

Yeas 73; Nays 25

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Blackwell
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Chumley
Collins                  B. Cox                   Crawford
Dabney                   Daning                   Davis
Elliott                  Erickson                 Felder
Finlay                   Forrest                  Fry
Gagnon                   Gatch                    Gilliam
Haddon                   Hardee                   Hayes
Hill                     Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Ott
Pope                     Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Taylor                   Thayer                   Trantham
West                     Wetmore                  Wheeler
Whitmire                 Willis                   Wooten
Yow                                               

Total--73

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Brawley                  Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Hart
Henderson-Myers          Hosey                    Jefferson
K. O. Johnson            King                     Matthews
McKnight                 J. Moore                 Pendarvis
Rivers                   Rose                     Rutherford
Tedder                   Thigpen                  R. Williams
S. Williams                                       

Total--25

So, the amendment was tabled.

Rep. BAMBERG proposed the following Amendment No. 13 to H. 3126 (Word version) (COUNCIL\AHB\3126C003.BH.AHB21), which was tabled:
Amend the bill, as and if amended, SECTION 4, by adding at the end:
/   Nothing in this act prohibits an employee from filing a civil action against the State or political subdivision of the State, including school districts, for a violation of a provision of this act. And, the limitations provided in Chapter 78, Title 15, the Tort Claims Act, do not apply to any civil action filed pursuant to the provisions of this act. /
Renumber sections to conform.
Amend title to conform.

Rep. BAMBERG spoke in favor of the amendment.
Rep. THIGPEN spoke against the amendment.

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

Reps. ELLIOTT and ERICKSON proposed the following Amendment No. 14 to H. 3126 (Word version) (COUNCIL\AHB\3126C004.BH. AHB21):
Amend the bill, as and if amended, by deleting SECTION 3(A).
Amend the bill further, by deleting SECTION 4.
Renumber sections and subsections to conform.
Amend title to conform.

Rep. ELLIOTT moved to adjourn debate on the amendment, which was agreed to.

Reps. SIMRILL, G.M. SMITH and HIOTT proposed the following Amendment No. 16 to H. 3126 (Word version) (COUNCIL\SA\3126C026.DF.SA21), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   The State or any political subdivision thereof, including a school district, may not enact a COVID-19 vaccine mandate for any employee, independent contractor, nonemployee vendor, or student as a condition of employment or attendance.
SECTION   2.   Chapter 15, Title 8 of the 1976 Code is amended by adding:

"Section   8-15-80.   (A)   Neither the State, nor any of its political subdivisions, may terminate a person employed as a first responder if the first responder does not undergo a COVID-19 vaccination.

(B)   For purposes of this section, 'first responder' means a law enforcement officer, firefighter, emergency medical technician, or paramedic who is paid from public funds."
SECTION   3.   (A)   If a private employer terminates or suspends an individual because they do not receive a COVID-19 vaccination, that individual is eligible for unemployment benefits.

(B)   The General Assembly holds that a federal vaccine mandate is unconstitutional and shall not be enforced by this State. However, if a private employer believes it is subject to the forfeiture of federal funds due to a failure to require employees to receive a COVID-19 vaccination, the private employer may require an unvaccinated employee to undergo weekly COVID-19 testing.

(C)   The Department of Health and Environmental Control and the Medical University of South Carolina shall partner with private employers to provide COVID-19 testing.

(D)   From the Contingency Reserve Fund, there is appropriated ten million dollars to the Department of Health and Environmental Control and ten million dollars to the Medical University of South Carolina to fund COVID-19 testing for private employers.
SECTION   4.   Notwithstanding any other provision of law, a religious exemption or medical exemption must be honored in regards to any COVID-19 vaccine requirement. A medical exemption may include the presence of antibodies, a prior positive COVID-19 test, or pregnancy.
SECTION   5.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   6.   This act takes effect upon approval by the Governor and the provisions of this act are repealed on December 31, 2022 unless reauthorized by the General Assembly.     /
Renumber sections to conform.
Amend title to conform.

Rep. SIMRILL spoke in favor of the amendment.

Rep. HILL spoke against the amendment.
Rep. OTT spoke against the amendment.

Rep. THIGPEN moved to commit the Bill to the Committee on Judiciary.

Rep. SIMRILL moved to table the motion.

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

Yeas 66; Nays 33

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Collins
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Felder                   Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Kimmons                  Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   May
McCabe                   McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murphy                   Nutt
Oremus                   Pope                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Trantham                 West                     Whitmire
Willis                   Wooten                   Yow

Total--66

Those who voted in the negative are:

Alexander                Anderson                 Atkinson
Bamberg                  Brawley                  Clyburn
Cobb-Hunter              Dillard                  Finlay
Garvin                   Govan                    Hart
Hayes                    Henderson-Myers          Henegan
Hosey                    Howard                   Jefferson
K. O. Johnson            King                     Matthews
McKnight                 J. Moore                 Ott
Pendarvis                Rivers                   Rose
Rutherford               Tedder                   Thigpen
Wheeler                  R. Williams              S. Williams

Total--33

So, the motion to commit the Bill was tabled.

Rep. BAMBERG moved that the House recede until 5:48 p.m.

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

Yeas 20; Nays 80

Those who voted in the affirmative are:

Alexander                Bamberg                  Collins
Daning                   Dillard                  Hart
Henderson-Myers          Hill                     Jefferson
Matthews                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Thigpen                  Wetmore                  Wheeler
R. Williams              S. Williams              

Total--20

Those who voted in the negative are:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bennett
Blackwell                Brawley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Clyburn
Cobb-Hunter              B. Cox                   Crawford
Dabney                   Davis                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Gagnon
Garvin                   Gatch                    Gilliam
Govan                    Haddon                   Hardee
Hiott                    Hixon                    Hosey
Howard                   Huggins                  Hyde
J. E. Johnson            K. O. Johnson            Jones
Jordan                   Kimmons                  King
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McDaniel
McGarry                  McGinnis                 McKnight
J. Moore                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Taylor
Tedder                   Thayer                   Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--80

So, the House refused to recede.

Rep. BRAWLEY spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 68; Nays 28

Those who voted in the affirmative are:

Allison                  Bailey                   Ballentine
Bennett                  Blackwell                Brittain
Bryant                   Burns                    Bustos
Calhoon                  Chumley                  Collins
B. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
McGarry                  McGinnis                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
Murphy                   Nutt                     Oremus
Ott                      Pope                     Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Taylor                   Thayer
Thigpen                  Trantham                 West
Wheeler                  Whitmire                 Willis
Wooten                   Yow                      

Total--68

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Brawley                  Clyburn                  Cobb-Hunter
Dillard                  Garvin                   Henderson-Myers
Henegan                  Hill                     Hosey
Howard                   Jefferson                K. O. Johnson
King                     Matthews                 May
McCabe                   McKnight                 J. Moore
Pendarvis                Rivers                   Rose
Rutherford               Tedder                   R. Williams
S. Williams                                       

Total--28

The amendment was then adopted.

POINT OF ORDER

Rep. HART raised the Point of Order that the adoption of Amendment 16 required the Bill to have a revised fiscal impact statement.
The SPEAKER stated the House Rules did not require a Bill that was amended on the House floor to have a revised fiscal impact statement. He overruled the Point of Order.

Reps. ELLIOTT and ERICKSON proposed the following Amendment No. 14 to H. 3126 (Word version) (COUNCIL\AHB\3126C004. BH.AHB21), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 3(A).
Amend the bill further, by deleting SECTION 4.
Renumber sections and subsections to conform.
Amend title to conform.

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

Rep. MCKNIGHT spoke against the Bill.
Rep. KING spoke against the Bill.
Rep. BAMBERG spoke against the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WETMORE a leave of absence for the remainder of the day.

Rep. OTT spoke against the Bill.
Rep. WOOTEN spoke in favor of the Bill.
Rep. R. WILLIAMS spoke against the Bill.
Rep. TAYLOR spoke in favor of the Bill.
Rep. JONES spoke in favor of the Bill.
Rep. MAGNUSON 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 67; Nays 31

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Ballentine               Bennett                  Blackwell
Brittain                 Bryant                   Burns
Bustos                   Calhoon                  Chumley
B. Cox                   Crawford                 Dabney
Davis                    Elliott                  Erickson
Felder                   Finlay                   Forrest
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Hayes                    Hiott                    Hixon
Huggins                  Hyde                     J. E. Johnson
Jones                    Jordan                   Kimmons
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
May                      McCabe                   McGarry
McGinnis                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               Murphy
Nutt                     Oremus                   Pope
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Taylor
Thayer                   Trantham                 West
Whitmire                 Willis                   Wooten
Yow                                               

Total--67

Those who voted in the negative are:

Alexander                Anderson                 Bamberg
Brawley                  Clyburn                  Cobb-Hunter
Collins                  Daning                   Dillard
Garvin                   Govan                    Henderson-Myers
Hill                     Hosey                    Howard
Jefferson                K. O. Johnson            King
Matthews                 McDaniel                 McKnight
J. Moore                 Ott                      Pendarvis
Rivers                   Rose                     Rutherford
Tedder                   Wheeler                  R. Williams
S. Williams                                       

Total--31

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

RECORD FOR VOTING

Section 3(B) of H. 3126 (Word version), as amended by Amendment 16, makes concessions to federal vaccine mandates for employees and encourages some industries to comply with mandating vaccines for their employees so as to not lose federal funding. Instead of making concessions to unconstitutional federal mandates and the deficit spending which funds them, South Carolina for the sake of its citizens should be asserting its rights under the Tenth Amendment of the United States Constitution and resisting the mandates.

Sections 3(C) and (D) of this bill encourage employers to implement repetitive, unnecessary, and expensive testing of employees who may or may not be symptomatic. This is a wasteful use of the $20 million dollars that are appropriated in this bill.

Furthermore, the explicit protections against private employer mandates was removed, and the primary enforcement mechanism was removed, so that employees who are harmed by employer vaccine mandates no longer have recourse in court.

I am compelled by my oath of office to "preserve, protect, and defend the Constitution of this State and of the United States."

For all of these reasons, I voted against this bill as amended.

Rep. Jonathan D. Hill

House District 8

STATEMENT FOR THE JOURNAL

Due to a medical emergency, I was absent on December 9 and December 10. If I had been able to be present, I would have voted in favor of H.3126, as amended, on second and third reading.

Rep. Wm. Weston J. Newton

STATEMENT FOR THE JOURNAL

I was absent for December 9 and December 10, however had I been present I would have voted in favor of H. 3126 (Word version), as amended on second and third reading.

Rep. West Cox

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 3126 (Word version). If I had been present, I would have voted against the Bill.

Rep. Chris Hart

MOTION ADOPTED

Rep. D. C. MOSS moved that when the House adjourn today, it stand adjourned to next meet in Statewide Session on Friday, December 10, at 10:00 a.m., which was agreed to.

Rep. D. C. MOSS moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

At 6:29 p.m. the House, in accordance with the motion of Rep. TEDDER, adjourned in memory of former Representative Lucille Whipper, to meet at 10:00 a.m. tomorrow.

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