NO. 10
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
I Kings 19:11-12
We read in I Kings that after a great wind and an earthquake came "a fire, but the Lord was not in the fire, and after the fire, a sound of sheer silence." And then it was that Elijah heard the voice of the Lord.
Let us pray: Most Holy God, we call upon You this day to speak to us directly, as You once spoke to Elijah. Indeed, help each of us to hear clearly as to how this Body is indeed to lead the people of South Carolina here in this troubled, divisive period we find ourselves living through. So by Your grace may these Senators grasp Your intent, O Lord, for the people these leaders serve. And may even Governor McMaster in his address this evening share a message of genuine hope and promise. Together may the boldness and clarity of all that we hear open the way to a bright future for all, with the final result being rich and promising blessings for every woman, man, and child. So we pray in Your hopeful and loving name, dear Lord. Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
At 11:07 A.M., Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Allen Bennett Cash Climer Corbin Cromer Davis Fanning Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Michael Kimbrell Loftis Massey Peeler Reichenbach Rice Scott Setzler Shealy Stephens Talley Verdin Williams Young
A quorum being present, the Senate resumed.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Amy B. Rothschild, 3073 Rice Field Lane, Mt. Pleasant, SC 29466-7194 VICE Ellen S. Steinberg
Senator McELVEEN introduced Dr. Gary Culbertson of Sumter, S.C., Doctor of the Day.
On motion of Senator SETZLER, at 11:07 A.M., Senator JACKSON was granted a leave of absence for today.
On motion of Senator HEMBREE , at 11:07 A.M., Senator TURNER was granted a leave of absence for the balance of the week.
On motion of Senator SETZLER, at 11:10 A.M., Senator HARPOOTLIAN was granted a leave of absence for the balance of the week.
The following co-sponsors were added to the respective Bills:
S. 96 (Word version) Sen. McElveen
S. 154 (Word version) Sen. Cromer
S. 181 (Word version) Sen. Sabb
S. 182 (Word version) Sen. Sabb
S. 280 (Word version) Sens. McElveen, Senn
S. 281 (Word version) Sens. McElveen, Senn
S. 285 (Word version) Sen. Goldfinch
S. 353 (Word version) Sen. Alexander
S. 361 (Word version) Sen. Scott
S. 367 (Word version) Sen. Cromer
S. 368 (Word version) Sen. Cromer
S. 414 (Word version) Sen. Alexander
S. 424 (Word version) Sen. Grooms
S. 448 (Word version) -- Senator Hutto: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-1100, RELATING TO HABITUAL OFFENDER PENALTIES, SO AS TO PROVIDE AN EXCEPTION FOR DRIVING A MOPED FOR A PERSON DECLARED A HABITUAL OFFENDER, AND TO REMOVE THE REQUIREMENT THAT THE DEPARTMENT OF MOTOR VEHICLES PROVIDE SPECIFIC NOTICE TO THE ATTORNEY GENERAL OR THE APPROPRIATE SOLICITOR OF ANY VIOLATIONS OF THIS SECTION.
On motion of Senator GROOMS, with unanimous consent, the Bill was recalled from the Committee on Transportation and committed to the Committee on Judiciary.
The following were introduced:
S. 444 (Word version) -- Senators Massey, Climer, Rice, Loftis, Gustafson, Davis, Cash, Corbin, Kimbrell, Verdin, Peeler, Shealy and Bennett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-19-80(A), RELATING TO THE NOMINATION OF QUALIFIED JUDICIAL CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE JUDICIAL MERIT SCREENING COMMISSION MUST SUBMIT THE NAMES OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY.
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Senator MASSEY spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 445 (Word version) -- Senator Garrett: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 2 TO CHAPTER 49, TITLE 44 SO AS TO REQUIRE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES TO APPROVE A CREDENTIALING ENTITY TO DEVELOP AND ADMINISTER A VOLUNTARY CERTIFICATION PROGRAM FOR RECOVERY HOUSING; TO REQUIRE THE APPROVED CREDENTIALING ENTITY TO ESTABLISH RECOVERY HOUSING CERTIFICATION REQUIREMENTS AND PROCEDURES BASED UPON NATIONALLY RECOGNIZED QUALITY STANDARDS; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 49 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS".
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Read the first time and referred to the Committee on Medical Affairs.
S. 446 (Word version) -- Senator Rice: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-23-11, RELATING TO WATERCRAFT DEALER DEMONSTRATION NUMBERS, SO AS TO DELETE PROVISIONS REGARDING AN APPLICATION FEE, THE EXPIRATION OF DEMONSTRATION NUMBERS, AND THE USE OF FEE REVENUE; BY AMENDING SECTION 50-23-70, RELATING TO WATERCRAFT CERTIFICATE OF NUMBER FEES AND DECALS, SO AS TO DELETE THE PROVISION THAT PROHIBITS THE ISSUANCE OF DUPLICATE DECALS WHEN AD VALOREM TAXES ARE OUTSTANDING; BY AMENDING SECTION 50-23-340, RELATING TO THE APPLICATION FEE FOR WATERCRAFT CERTIFICATES OF NUMBER, SO AS TO INCREASE THE FEE; BY AMENDING SECTION 50-23-345, RELATING TO TEMPORARY WATERCRAFT CERTIFICATES OF NUMBER, SO AS TO DELETE THE PROVISION PROHIBITING THE ISSUANCE OF A TEMPORARY CERTIFICATE NUMBER UNTIL AD VALOREM TAXES ARE PAID FOR THE YEAR; BY AMENDING SECTION 50-23-370, RELATING TO EXPIRATION AND RENEWAL OF WATERCRAFT CERTIFICATES OF NUMBER, SO AS TO PROVIDE THAT A CERTIFICATE OF NUMBER CONTINUES IN EFFECT FOR THREE YEARS INSTEAD OF ONE YEAR, AND TO DELETE PROVISIONS REGARDING THE ISSUANCE OF RENEWAL NOTICES AND PROCESSING OF RENEWALS BY COUNTY AUDITORS; BY REPEALING SECTIONS 50-23-12 AND 50-23-35 RELATING TO THE COMPLETION OF CERTAIN CHANGE IN STATUS FORMS FOR WATERCRAFT AND OUTBOARD MOTOR TRADE-INS AND TO THE ISSUANCE OF WATERCRAFT TITLES UPON RECEIPT OF EVIDENCE OF AD VALOREM TAX PAYMENT, RESPECTIVELY; BY REPEALING ARTICLE 26 OF CHAPTER 37, TITLE 12 RELATING TO PROCEDURES CONCERNING ASSESSMENTS AND PAYMENTS FOR PROPERTY TAXATION OF BOATS AND WATERCRAFT AND THE ISSUANCE OF CERTIFICATES OF NUMBER FOR BOATS AND WATERCRAFT.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 447 (Word version) -- Senator Reichenbach: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-13-640, RELATING TO THE POSSESSION OF BLUE CATFISH, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS MORE THAN TWO BLUE CATFISH LONGER THAN THIRTY-TWO INCHES PER DAY ONLY IN LAKE MARION, LAKE MOULTRIE, OR THE UPPER REACH OF THE SANTEE RIVER, AND THE CONGAREE AND WATEREE RIVERS, AND TO PROVIDE FOR A DAILY CATCH LIMIT OF TWENTY-FIVE BLUE CATFISH A DAY ONLY IN LAKE MARION, LAKE MOULTRIE, AND THE UPPER REACH OF THE SANTEE RIVER.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 448 (Word version) -- Senator Hutto: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-1100, RELATING TO HABITUAL OFFENDER PENALTIES, SO AS TO PROVIDE AN EXCEPTION FOR DRIVING A MOPED FOR A PERSON DECLARED A HABITUAL OFFENDER, AND TO REMOVE THE REQUIREMENT THAT THE DEPARTMENT OF MOTOR VEHICLES PROVIDE SPECIFIC NOTICE TO THE ATTORNEY GENERAL OR THE APPROPRIATE SOLICITOR OF ANY VIOLATIONS OF THIS SECTION.
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Read the first time and referred to the Committee on Judiciary.
S. 449 (Word version) -- Senator Climer: A BILL BY AMENDING SECTION 4 OF ACT 71 OF 2021, RELATING TO TRANSPORTATION OF LIVE SWINE WITHOUT IDENTIFICATION, SO AS TO EXTEND THE SUNSET CLAUSE BY TWO YEARS.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 450 (Word version) -- Senators Corbin, Garrett, Kimbrell, Climer, Peeler, Shealy, M. Johnson, Cash, Rice, Loftis, Bennett, Davis, Grooms, Gambrell and Cromer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 2-19-10, RELATING TO JUDICIAL MERIT SELECTION COMMISSION, APPOINTMENT, QUALIFICATIONS, AND TERM OF OFFICE, SO AS TO PROVIDE THAT TWO MEMBERS MUST BE APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR, WHO SHALL SERVE AS CHAIRMAN; TO PROVIDE THAT MEMBERS ARE APPOINTED BY CONGRESSIONAL DISTRICT LEGISLATIVE DELEGATIONS; TO LIMIT COMMISSION MEMBERSHIP TO TWO TERMS; TO PROHIBIT MEMBERS OF THE GENERAL ASSEMBLY FROM SERVING ON THE COMMISSION; TO PROVIDE THAT THE COMMISSION SHALL ELECT OFFICERS; TO PROVIDE THAT FORMER MEMBERS OF THE GENERAL ASSEMBLY MUST BE OUT OF OFFICE FOR FIVE YEARS BEFORE SERVING ON THE COMMISSION; AND TO PROVIDE THAT CURRENT JUDGES AND FORMER JUDGES MAY NOT SERVE ON THE COMMISSION; AND BY AMENDING SECTION 2-19-80, RELATING TO THE NOMINATION OF QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT ALL QUALIFIED CANDIDATES MUST BE SUBMITTED TO THE GENERAL ASSEMBLY.
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Read the first time and referred to the Committee on Judiciary.
S. 451 (Word version) -- Senators Shealy, Setzler and Senn: A CONCURRENT RESOLUTION TO AUTHORIZE AMERICAN LEGION AUXILIARY PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 16, 2023.
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The Concurrent Resolution was introduced and referred to the Committee on Operations and Management.
S. 452 (Word version) -- Senator Cromer: A RESOLUTION TO CELEBRATE THE OCCASION OF THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THE TOWN OF PROSPERITY AND TO CONGRATULATE AND COMMEND MAYOR DEREK UNDERWOOD AND THE CITIZENS OF PROSPERITY FOR ONE AND A HALF CENTURIES OF SHOWCASING BOTH THE BEAUTY AND PROGRESS OF THIS GREAT SOUTH CAROLINA TOWN.
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The Senate Resolution was adopted.
S. 453 (Word version) -- Senator Kimpson: A RESOLUTION TO CONGRATULATE AMELIA MOORE-TAYLOR ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
S. 454 (Word version) -- Senator Stephens: A BILL TO AMEND ACT 593 OF 1992, AS AMENDED BY ACT 254 OF 2022, RELATING TO THE LIMIT ON CASH RESERVES THAT MAY BE MAINTAINED BY DORCHESTER COUNTY SCHOOL DISTRICTS 2 AND 4, SO AS TO PROVIDE THAT THE LIMIT ON CASH RESERVES DOES NOT APPLY TO DORCHESTER COUNTY SCHOOL DISTRICT 4.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 3767 (Word version) -- Reps. King, B. J. Cox and Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND THE OUTSTANDING STUDENTS AND LEADERS OF THE UNITED STATES ARMY JUNIOR RESERVE OFFICERS' TRAINING CORPS IN SOUTH CAROLINA SCHOOLS, AND DECLARE APRIL 27, 2023, AS JROTC DAY AT THE SOUTH CAROLINA STATE HOUSE.
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The Concurrent Resolution was introduced and referred to the Committee on Education.
S. 430 (Word version) -- Senators Alexander, Adams, Allen, Bennett, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Garrett, Goldfinch, Grooms, Gustafson, Harpootlian, Hembree, Hutto, Jackson, K. Johnson, M. Johnson, Kimbrell, Kimpson, Loftis, Malloy, Martin, Massey, Matthews, McElveen, McLeod, Peeler, Rankin, Reichenbach, Rice, Sabb, Scott, Senn, Setzler, Shealy, Stephens, Talley, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO CONGRATULATE THE COUNCIL OF STATE GOVERNMENTS SOUTHERN OFFICE UPON THE OCCASION OF ITS SEVENTY-SEVENTH SOUTHERN LEGISLATIVE CONFERENCE AND TO COMMEND THE ORGANIZATION FOR ITS MANY YEARS OF DEDICATED SERVICE TO THE PEOPLE AND THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 410 (Word version) -- Senator Talley: A BILL TO CONVEY THE REAL PROPERTY OF THE FAIRMONT-LARKIN AREA RECREATION COMMISSION TO SPARTANBURG COUNTY; TO DISSOLVE THE FAIRMONT-LARKIN AREA RECREATION COMMISSION; AND TO REPEAL ACT 819 OF 1978, RELATING TO THE CREATION AND DUTIES OF THE FAIRMONT-LARKIN AREA RECREATION COMMISSION.
On motion of Senator TALLEY.
On motion of Senator MASSEY, the Bill was carried over.
S. 304 (Word version) -- Senators Turner, Climer and Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-1885, RELATING TO OVERTAKING AND PASSING ANOTHER VEHICLE IN THE FARTHEST LEFT-HAND LANE, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED DOLLARS AND TO PROVIDE THAT SEVENTY-FIVE DOLLARS FROM EACH FINE COLLECTED MUST BE CREDITED TO THE HIGHWAY PATROL.
The Senate proceeded to the consideration of the Bill.
Senator BENNETT explained the Bill.
Senator K. JOHNSON spoke on the Bill.
On motion of Senator BENNETT, the Bill was carried over.
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.
The Senate proceeded to the consideration of the Bill.
Senator BENNETT explained the Bill.
On motion of Senator MALLOY, the Bill was carried over.
S. 363 (Word version) -- Senators Rankin, Grooms and Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-4445, RELATING TO THE RESTRICTION OF ELEVATING OR LOWERING A MOTOR VEHICLE; SO AS TO PROHIBIT MOTOR VEHICLE MODIFICATIONS THAT RESULT IN THE MOTOR VEHICLE'S FRONT FENDER BEING RAISED FOUR OR MORE INCHES ABOVE THE HEIGHT OF THE REAR FENDER, TO PROVIDE FOR THE MANNER OF MEASURING THE HEIGHT OF THE FRONT FENDER IN RELATION TO THE REAR FENDER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator RICE, the Bill was carried over.
S. 375 (Word version) -- Senators Grooms and Verdin: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-1538, RELATING TO THE DEFINITIONS OF EMERGENCY SCENE MANAGEMENT, SO AS TO PROVIDE THAT A DRIVER SHALL ENSURE THAT HIS VEHICLE IS KEPT UNDER CONTROL WHEN APPROACHING OR PASSING A MOTOR VEHICLE STOPPED ON OR NEAR THE RIGHT-OF-WAY OF A STREET OR HIGHWAY; TO PROVIDE THAT A PERSON DRIVING A VEHICLE APPROACHING A STATIONARY VEHICLE DISPLAYING FLASHING HAZARD LIGHTS SHALL SLOW DOWN, YIELD THE RIGHT-OF-WAY, AND MAINTAIN A SAFE SPEED IF CHANGING LANES IS UNSAFE; AND TO PROVIDE PENALTIES.
The Senate proceeded to the consideration of the Bill.
Senator BENNETT explained the Bill.
On motion of Senator CORBIN, the Bill was carried over.
S. 438 (Word version) -- Senator Cromer: A SENATE RESOLUTION TO RECOGNIZE AND HONOR SKILLSUSA FOR ITS EFFORTS TO ENSURE THAT AMERICA HAS A SKILLED WORKFORCE AND TO DECLARE FEBRUARY 6-10, 2023, AS "SKILLSUSA WEEK" IN SOUTH CAROLINA.
S. 374 (Word version) -- Senators Rankin, Sabb and Talley: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, FEBRUARY 1, 2023, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JULY 31, 2032; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2023; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, AND THE SUCCESSOR WILL SERVE A NEW TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2029; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, TO FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2028; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE, SEAT 3, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2023, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2027; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FIRST JUDICIAL CIRCUIT, SEAT 3, TO FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH EXPIRES JUNE 30, 2028; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, TWELFTH JUDICIAL CIRCUIT, SEAT 1, UPON HIS RETIREMENT ON OR BEFORE DECEMBER 31, 2023, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2025; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AT-LARGE, SEAT 7, WHICH WILL EXPIRE JUNE 30, 2023; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, AT-LARGE, SEAT 8, WHICH WILL EXPIRE JUNE 30, 2023; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW COURT, SEAT 5, UPON HER RETIREMENT ON OR BEFORE JUNE 30, 2023, AND THE SUCCESSOR WILL SERVE A NEW TERM OF THAT OFFICE WHICH WILL EXPIRE JUNE 30, 2028.
The Senate proceeded to the consideration of the Bill. Senator CASH proposed the following amendment (SR-374.JG0001S):
Amend the concurrent resolution, as and if amended, by striking the second undesignated paragraph and inserting:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 1, 2023, at noon, to elect a successor to the Honorable Blake A. Hewitt, Judge of the Court of Appeals, Seat 1, whose term will expire June 30, 2023; to elect a successor to the Honorable H. Bruce Williams, Judge of the Court of Appeals, Seat 2, and the successor will serve a new term of that office, which will expire June 30, 2029; to elect a successor to the Honorable Steven H. John, Judge of the Circuit Court, Fifteenth Judicial Circuit, Seat 1, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2028; to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large, Seat 3, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2027; to elect a successor to the Honorable Nancy Chapman McLin, Judge of the Family Court, First Judicial Circuit, Seat 3, and the successor will serve the remainder of the unexpired term, which will expire, June 30, 2028; to elect a successor to the Honorable Timothy H. Pogue, Judge of the Family Court, Twelfth Judicial Circuit, Seat 1, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2025; to elect a successor to the Honorable Thomas Tredway Hodges, Judge of the Family Court, At-Large, Seat 7, whose term will expire June 30, 2023; to elect a successor to the Honorable Rosalyn W. Frierson-Smith, Judge of the Family Court, At-Large, Seat 8, whose term will expire June 30, 2023; and to elect a successor to the Honorable Shirley C. Robinson, Judge of the Administrative Law Court, Seat 5, upon her retirement on or before June 30, 2023, and the successor will serve a new term of that office, which will expire June 30, 2028.
Be it further resolved that the General Assembly agrees that all nominations must be made by the Chairman or Vice-Chairman of the Judicial Merit Selection Commission and that pursuant to Section 2-19-90, no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Renumber sections to conform.
Amend title to conform.
Senator CASH explained the amendment. Senator CORBIN spoke on the amendment.
Senator KIMPSON spoke on the amendment.
Senator GARRETT spoke on the amendment.
Senator SENN spoke on the amendment.
Senator RANKIN spoke on the amendment.
Senator MALLOY spoke on the amendment.
Senator HUTTO objected to further consideration of the Resolution.
On motion of Senator CASH, with unanimous consent, the remarks of Senator GARRETT, CASH and SENN, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator MASSEY objected to consideration of the Resolution.
At 1:51 P.M., on motion of Senator MASSEY, the Senate receded from business until 2:30 P.M.
At 2:51 P.M., the Senate resumed.
Senator MASSEY moved that a Call of the Senate be made. The following Senators answered the Call:
Adams Alexander Allen Bennett Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen Peeler Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Williams YoungA quorum being present, the Senate resumed.
Senator GOLDFINCH rose for an Expression of Personal Interest.
On motion of Senator MASSEY, under Rule 32A, the Senate moved to vary the order of the day and proceed to the Call of the Contested Statewide Calendar.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Reichenbach Rice Shealy Talley Verdin Young
Allen Fanning Gustafson Hutto Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Sabb Scott Senn Setzler Stephens Williams
The motion to Vary the Order of the Day failed.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
At 3:06 P.M., on motion of Senator MASSEY, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 39 (Word version) -- Senator Grooms: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-8-110 SO AS TO DEFINE NECESSARY TERMS; BY ADDING SECTION 59-8-120 SO AS TO PROVIDE TIMELINE AND SCHOLARSHIP APPLICATION PROCESS GUIDELINES; BY ADDING SECTION 59-8-130 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION SCHOLARSHIP TRUST FUND; BY ADDING SECTION 59-8-140 SO AS TO ESTABLISH AN ONLINE ELECTRONIC PAYMENT SYSTEM; BY ADDING SECTION 59-8-150 SO AS TO PROVIDE GUIDELINES FOR IF A PROGRAM OF ACADEMIC INSTRUCTION IS TERMINATED BEFORE THE END OF THE SEMESTER; BY ADDING SECTION 59-8-160 SO AS TO LIMIT THE NUMBER OF SCHOLARSHIP STUDENTS FOR SPECIFIED SCHOOL YEARS; BY ADDING SECTION 59-8-170 SO AS TO PROVIDE FOR THE APPLICATION PROCESS AND ESTABLISHMENT OF EDUCATION SERVICE PROVIDERS; BY ADDING SECTION 59-8-180 SO AS TO PROVIDE GUIDELINES FOR INFORMING STUDENTS AND THEIR PARENTS OF PROGRAM ELIGIBILITY; BY ADDING SECTION 59-8-190 SO AS TO ENSURE EQUITABLE TREATMENT AND PERSONAL SAFETY OF ALL SCHOLARSHIP STUDENTS; BY ADDING SECTION 59-8-200 SO AS TO REQUIRE THAT A SCHOLARSHIP STUDENT'S RESIDENT SCHOOL DISTRICT PROVIDE A PARENT AND THE EDUCATION SERVICE PROVIDER WITH THE STUDENT'S SCHOOL RECORDS; BY ADDING SECTION 59-8-210 SO AS TO ESTABLISH THE ESTF REVIEW PANEL; BY ADDING SECTION 59-8-220 SO AS TO PROVIDE THAT THE PROVISIONS OF THE CHAPTER DO NOT RESTRICT A SCHOOL DISTRICT'S ABILITY TO ENACT OR ENFORCE A DISTRICT'S STUDENT TRANSFER POLICY.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator MASSEY moved to carry over the Bill. Senator MALLOY moved to lay the motion to carry over on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Fanning Hutto Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Sabb Scott Setzler Stephens Williams
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Reichenbach Rice Senn Shealy Talley Verdin Young
The motion to table the motion to carry over the Bill failed.
On motion of Senator MASSEY, the Bill was carried over.
THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.
Senator MASSEY proposed the following amendment (SR-374.KM0003S), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the second and third undesignated paragraphs and inserting:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 8, 2023, at 12:00 noon, to elect a successor to the Honorable Kaye G. Hearn, Justice of the Supreme Court, Seat 4, and the successor will serve the remainder of the unexpired term, which will expire July 31, 2032; to elect a successor to the Honorable Blake A. Hewitt, Judge of the Court of Appeals, Seat 1, whose term will expire June 30, 2023; to elect a successor to the Honorable H. Bruce Williams, Judge of the Court of Appeals, Seat 2, and the successor will serve a new term of that office, which will expire June 30, 2029; to elect a successor to the Honorable Steven H. John, Judge of the Circuit Court, Fifteenth Judicial Circuit, Seat 1, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2028; to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large, Seat 3, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2027; to elect a successor to the Honorable Nancy Chapman McLin, Judge of the Family Court, First Judicial Circuit, Seat 3, and the successor will serve the remainder of the unexpired term, which will expire, June 30, 2028; to elect a successor to the Honorable Timothy H. Pogue, Judge of the Family Court, Twelfth Judicial Circuit, Seat 1, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2025; to elect a successor to the Honorable Thomas Tredway Hodges, Judge of the Family Court, At-Large, Seat 7, whose term will expire June 30, 2023; to elect a successor to the Honorable Rosalyn W. Frierson-Smith, Judge of the Family Court, At-Large, Seat 8, whose term will expire June 30, 2023; and to elect a successor to the Honorable Shirley C. Robinson, Judge of the Administrative Law Court, Seat 5, upon her retirement on or before June 30, 2023, and the successor will serve a new term of that office, which will expire June 30, 2028.
Be it further resolved that the General Assembly agrees that all nominations must be made by the Chairman or Vice-Chairman of the Judicial Merit Selection Commission and that pursuant to Section 2-19-90, no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
Senator MATTHEWS moved to lay the amendment on the table. The "ayes" and "nays" were demanded and taken, resulting as follows:
Allen Fanning Kimpson Matthews McLeod Sabb Scott Stephens
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Loftis Malloy Martin Massey McElveen Peeler Rankin Reichenbach Rice Senn Setzler Shealy Talley Verdin Williams Young
The Senate refused to lay the amendment on the table.
The question then was the adoption of the amendment.
Senator FANNING spoke on the amendment.
The amendment was adopted.
Senator CASH proposed the following amendment (SR-374.JG0001S), which was not adopted:
Amend the concurrent resolution, as and if amended, by striking the second undesignated paragraph and inserting:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 1, 2023, at noon, to elect a successor to the Honorable Blake A. Hewitt, Judge of the Court of Appeals, Seat 1, whose term will expire June 30, 2023; to elect a successor to the Honorable H. Bruce Williams, Judge of the Court of Appeals, Seat 2, and the successor will serve a new term of that office, which will expire June 30, 2029; to elect a successor to the Honorable Steven H. John, Judge of the Circuit Court, Fifteenth Judicial Circuit, Seat 1, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2028; to elect a successor to the Honorable Clifton Newman, Judge of the Circuit Court, At-Large, Seat 3, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2027; to elect a successor to the Honorable Nancy Chapman McLin, Judge of the Family Court, First Judicial Circuit, Seat 3, and the successor will serve the remainder of the unexpired term, which will expire, June 30, 2028; to elect a successor to the Honorable Timothy H. Pogue, Judge of the Family Court, Twelfth Judicial Circuit, Seat 1, upon his retirement on or before December 31, 2023, and the successor will serve the remainder of the unexpired term, which will expire June 30, 2025; to elect a successor to the Honorable Thomas Tredway Hodges, Judge of the Family Court, At-Large, Seat 7, whose term will expire June 30, 2023; to elect a successor to the Honorable Rosalyn W. Frierson-Smith, Judge of the Family Court, At-Large, Seat 8, whose term will expire June 30, 2023; and to elect a successor to the Honorable Shirley C. Robinson, Judge of the Administrative Law Court, Seat 5, upon her retirement on or before June 30, 2023, and the successor will serve a new term of that office, which will expire June 30, 2028.
Be it further resolved that the General Assembly agrees that all nominations must be made by the Chairman or Vice-Chairman of the Judicial Merit Selection Commission and that pursuant to Section 2-19-90, no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Renumber sections to conform.
Amend title to conform.
The question was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Cash Fanning
Adams Alexander Allen Bennett Campsen Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Verdin Williams Young
The amendment failed.
The question then being the adoption of the Resolution.
The Resolution as amended, was adopted and ordered sent to the House.
The Senate proceeded to a consideration of the Resolution.
Senator MASSEY proposed the following amendment (SR-3703.JG0001S), which was adopted:
Amend the concurrent resolution, as and if amended, by striking the second undesignated paragraph and inserting:
That the Senate and the House of Representatives shall meet in joint assembly in the Hall of the House of Representatives immediately following the elections of members of the judiciary for the purpose of electing one at-large member to the Board of Visitors for The Citadel for a term to expire June 30, 2028; for the purpose of electing three at-large members to the Board of Trustees for Clemson University for terms to expire June 30, 2026; for the purpose of electing members to the Board of Trustees of Lander University to fill the term of the member for the At-Large Seat 8, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 9, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 10, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 11, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 12, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 13, whose term will expire June 30, 2026, the term of the member for the At-Large Seat 14, whose term will expire June 30, 2026, and the term of the member for the At-Large Seat 15, whose term will expire June 30, 2026; for the purpose of electing members to the Board of Trustees for the University of South Carolina to fill the term of the member for the First Judicial Circuit, for a term to expire June 30, 2026, the member for the Third Judicial Circuit, for a term to expire June 30, 2026, the member for the Fifth Judicial Circuit, for a term to expire June 30, 2026, the member for the Seventh Judicial Circuit, for a term to expire June 30, 2026, the member for the Ninth Judicial Circuit, for a term to expire June 30, 2026, the member for the Eleventh Judicial Circuit, for a term to expire June 30, 2026, the member for the Twelfth Judicial Circuit, for a term to expire June 30, 2026, and the member for the Thirteenth Judicial Circuit, for a term to expire June 30, 2026; and for the purpose of electing two at-large members to the Board of Trustees for the Wil Lou Gray Opportunity School whose terms will expire June 30, 2026.
Renumber sections to conform.
Amend title to conform.
Senator MASSEY explained the amendment.
The amendment was adopted.
Senator VERDIN spoke on the Resolution.
Senator SCOTT spoke on the Resolution.
The question then being the adoption of the Resolution as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Verdin Williams Young
The Resolution as amended was adopted, ordered returned to the House.
Senator MASSEY asked unanimous consent to proceed to Interrupted Debate, S. 39.
There was no objection.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators CLIMER, KIMBRELL and M. JOHNSON proposed the following amendment (LC-39.DG0215S), which was carried over:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-110(4)(c)(i) and inserting:
(c)(i) has a household income that does not exceed four hundred percent of the federal poverty guidelines; or
Renumber sections to conform.
Amend title to conform.
Senator CLIMER asked unanimous consent to carry over Amendment No. 16.
The amendment was carried over.
Senators CLIMER, KIMBRELL and M. JOHNSON proposed the following amendment (LC-39.DG0214S), which was carried over:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-135(A)(1), (2), and (3) and inserting:
(1) in School Year 2024-2025, the program is limited to ten thousand scholarship students;
(2) in School Year 2025-2026, the program is limited to twenty thousand scholarship students; and
(3) in School Year 2026-2027, and for all subsequent school years, the program is limited to thirty thousand scholarship students.
Renumber sections to conform.
Amend title to conform.
Senator CLIMER moved to carry over Amendment No. 16.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Kevin Johnson, Michael Kimpson Loftis Malloy Martin Massey McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Talley Verdin Williams Young
Fanning Matthews Stephens
Senators SETZLER, HUTTO, and HEMBREE proposed the following amendment (LC-39.DG0194S), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 59-8-150, by adding a subsection to read:
(G) A person paid by, contracted with, employed by, or having a financial interest in an education service provider shall not be allowed to serve on the board of an organization contracting for services with the department as defined in Section 59-8-115(J), serve on the board of a vendor or private management firm contracted to manage accounts as defined in Section 59-8-125(C), on the board of any other provider of contracted-for services under Section 59-8-110(12) or under Section 59-8-120(H), or on the ESTF Review Panel. Any education service provider violating this subsection shall be barred from participating in the program for two years and shall return any funds received under the program to the ESTF.
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
The amendment was adopted.
Senator FANNING proposed the following amendment (LC-39.VR0142S), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-110(12)(e) and inserting:
(e) tuition and fees for an approved nonpublic online education service provider or course that requires at least fifteen days of in-person instruction;
Renumber sections to conform.
Amend title to conform.
Senator FANNING explained the amendment.
Senator HEMBREE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Adams Alexander Bennett Campsen Cash Climer Corbin Cromer Davis Gambrell Garrett Goldfinch Grooms Gustafson Hembree Johnson, Michael Kimbrell Loftis Martin Massey Peeler Rankin Reichenbach Rice Senn Shealy Talley Verdin Young
Allen Fanning Hutto Johnson, Kevin Kimpson Malloy Matthews McElveen McLeod Sabb Scott Stephens Williams
The amendment was laid on the table.
Senator McLEOD proposed the following amendment (LC-39.DG0185S), which was ruled out of order:
Amend the bill, as and if amended, SECTION 1, by adding a Section to read:
Section 59-8-190. (A) Upon the effectiveness of subsection (B), notwithstanding any other provisions of Section 59-8-110(3), for purposes of determining a student's eligibility to receive a scholarship, the expanded Medicaid also extends to a student's statement of Medicaid eligibility.
(B) The plan prepared by the department and submitted for federal approval in accordance with the requirements of Section 44-6-40 and pursuant to Section 1396a of Subchapter XIX, Chapter 7, Title 42 of the United States Code, for health insurance plans offered beginning January 1, 2024, must make medical assistance available to individuals under sixty-five years of age whose income does not exceed one hundred thirty-three percent of the federal poverty level, with a five percent income disregard, who are not already eligible for such medical assistance.
Renumber sections to conform.
Amend title to conform.
Senator McLEOD explained the amendment.
Senator MASSEY raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator FANNING spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator FANNING proposed the following amendment (LC-39.AHB0036S), which was ruled out of order:
Amend the bill, as and if amended, SECTION 1, Section 59-8-120, by adding a subsection to read:
(K) The department shall conduct a review of all existing state assessments administered under the state's consolidated accountability system under the Education Accountability Act and the federal Every Student Succeeds Act in order to evaluate the quality, validity, and alignment of these assessments to the learning goals articulated in the South Carolina College and Career Readiness Standards and the Profile of the South Carolina Graduate. The EOC must submit the findings of this review to the Speaker of the House and the President of the Senate by no later than May 31, 2024.
Renumber sections to conform.
Amend title to conform.
Senator FANNING explained the amendment.
Senator HEMBREE spoke on the amendment.
Senator GROOMS raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was new and independent matter and not germane to the Bill.
Senator FANNING spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator FANNING proposed the following amendment (LC-39.DG0160S), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 59-8-125, by adding a subsection to read:
(J) Payments made quarterly by the department to Education Service Providers for the purpose of tuition and fees shall constitute full payment of tuition and fees for each scholarship student and no remaining balance for tuition and fees may be charged to parents in any quarter of the academic year. A parent will be allowed to make payments for the cost of any other qualifying expenses not covered by the funds in their student's ESTF; however, personal deposits into a ESTF are prohibited.
Renumber sections to conform.
Amend title to conform.
Senator FANNING explained the amendment.
Senator HEMBREE moved to lay the amendment on the table.
The amendment was laid on the table.
Debate was interrupted.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Initial Appointment, Charleston County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Amy B. Rothschild, 3073 Rice Field Lane, Mt. Pleasant, SC 29466-7194 VICE Ellen S. Steinberg
On motion of Senator MASSEY, the Senate agreed that, when the Senate completed its business today, the Senate would stand in recess until 6:45 P.M. for the purpose of attending the Joint Assembly and at the conclusion of the Joint Assembly, the Senate would stand adjourned to meet at 11:00 A.M. tomorrow.
At 5:41 P.M., on motion of Senator MASSEY, the Senate receded from business until 6:45 P.M.
The Senate reassembled at 6:45 P.M. and was called to order by the PRESIDENT.
The PRESIDENT appointed Senators PEELER, SETZLER, BENNETT, MALLOY and SHEALY to escort the Honorable Henry D. McMaster, Governor of South Carolina, and members of his party to the House Chamber for the Joint Assembly.
At 6:50 P.M., the Senate receded for the purpose of attending the Joint Assembly.
At 7:00 o'clock 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. H. 3603 (Word version) -- Rep. G.M. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, HENRY DARGAN MCMASTER, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 25, 2023, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Honorable Henry Dargan McMaster, and members of his party, were escorted to the rostrum by Senators PEELER, SETZLER, BENNETT, MALLOY and SHEALY and Representatives Brittain, Erickson, Hiott, Jones, Leber and Thigpen.
The PRESIDENT of the Senate introduced the Honorable Henry Dargan McMaster, Governor of the State of South Carolina.
The Governor addressed the Joint Assembly as follows:
Mr. Speaker, Mr. PRESIDENT, ladies and gentlemen of the General Assembly, my fellow South Carolinians: We are here tonight to address challenges and opportunities.
But first, as in prior years, I'd like to recognize those in uniform whom we lost in the line of duty in 2022. Officer Roy Andrew Barr of the Cayce Police Department; Deputy Austin Derek Aldridge of the Spartanburg County Sheriff's Office; Corporal Sara K. Weaver of Florence County Emergency Medical Services, and Master Police Officer Tyrell Owens-Riley of the Columbia Police Department. To the families and loved ones of these brave South Carolinians, with all our hearts, we offer our condolences. We are eternally grateful for their service.
I am delighted to have with us once again tonight our First Lady, my bride Peggy, our son Henry Jr., whose wife Virginia is home with their three-month-old daughter, Margot Gray. Also, our daughter Mary Rogers, whose husband Sam is home with their six-month-old son, James Dargan. Please stand and be recognized.
Also, our Lieutenant Governor Pamela Evette, and her husband David are here tonight. Please stand and be recognized. Our state constitutional officeholders are here with us tonight, including our new Superintendent of Education Ellen Weaver. Please stand and be recognized.
Finally, will the members of the best cabinet in the nation please stand and be recognized. Thank you.
The people of the great state of South Carolina have given me the honor and privilege of serving as your governor for another four years. My family and I thank you.
My pledge to all is that we will not squander this opportunity; we will continue to act boldly, think big and continue building on our successes.
South Carolina is richly blessed with a hardworking and talented people. Our quality of life and cultural heritage, abundant natural resources and prosperous economy make us unique and attractive to all. In fact, South Carolina is the third fastest growing state in the nation according to the U.S. Census Bureau. People want to be here.
Our booming economy has once again created a record budget surplus, this year totaling over $3.5 billion in unexpected revenue. State government is in superior fiscal shape. Today, we have the largest rainy day reserve fund balance and lowest amount of debt than at any other time in recent memory. So, it should come as no surprise that 2022 was the most successful year for economic growth in our state's history, with the record for the largest capital investment project broken twice in the same year.
In 2022, we announced 120 projects which will create over 14,000 new jobs with $10.27 billion in new capital investment. This is almost two and a half times as much as 2021.
As another sign of our economic strength, last year we almost quadrupled our foreign direct investment from the previous year. Every day, employers are creating new jobs, entrepreneurs are opening new businesses, and companies are deciding to locate in South Carolina.
The Palmetto State has one of the nation's fastest-growing container ports, two innovative inland ports, thirty-three airports, 2,300 miles of rail lines and more than 41,000 miles of state-maintained highways. The Port of Charleston has the deepest harbor -- 52 feet -- on the East Coast and its volume will grow exponentially this year.
There are 208 million people -- two-thirds of the U.S. population -- within two days' drive of South Carolina. Our thriving tourism industry continues to break records. Compared to pre-pandemic levels in 2019, in the 2021-22 fiscal year, accommodations tax collections were up almost 50 percent, our state park system revenues were up 46 percent, and admissions tax collections were up 28 percent. Not only did we drive our way through a debilitating pandemic, with our decisions based on common sense and the Constitution, we thrived.
Tonight, we will recognize several of the businesses which announced new capital investment in South Carolina during the record-breaking year of 2022. As you will notice, the automotive industry continues moving towards electric vehicles, and South Carolina is moving along with it. Last year, I issued an executive order prioritizing the recruitment of these manufacturers to ensure that our state will continue to be seen as the ideal place for manufacturers and suppliers to do business. South Carolina will continue to adapt as the industry innovates and grows.
In Berkeley County, Redwood Materials will invest $3.5 billion - the single largest announcement in the history of South Carolina - and create 1,500 jobs for a new battery materials recycling facility.
In the Upstate, BMW will invest $1.7 billion - the second largest investment in state history: $1 billion of which will prepare Plant Spartanburg to produce electric vehicles and $700 million to build a new, high-voltage battery assembly facility in Woodruff, which will create 300 new jobs.
Envision AESC will invest $810 million in Florence to build a new, state-of-the-art battery cell gigafactory and employ over 1,000 residents to supply technology-leading battery cells to power the next generation of electric vehicles.
In Colleton County, Kontrolmatik Pomega will build a 3 gigawatt-hour capacity lithium-ion battery factory that will produce grid-scale energy storage. The company's $279 million investment will create approximately 575 new jobs.
Bosch made two announcements in 2022 that continue to develop the company's nearly 50-year history in the State of South Carolina.
In Anderson County, Bosch plans to invest $200 million and create up to 350 new jobs to expand operations to become the company's first production operation of fuel cell technology in the United States.
And in Dorchester County, Bosch launched the production of electric motors to support the U.S. market demand for electrified vehicles, with plans for future growth. Bosch plans to invest $260 million and create 350 jobs at its site in North Charleston.
With a combined investment of $625 million and 50 new jobs, Nucor Steel is expanding in Berkeley County to include a new galvanizing line to meet the increased demand for steel, and an air separation unit to modernize the mill.
E.A. Sween, a leading supplier in the "ready-to-eat" sandwich industry, will invest $38 million and create 300 new jobs in Greenwood County.
In Greenville County, Health Supply U.S. is investing $150 million and creating 600 new jobs for a new manufacturing facility that will produce American-made personal protective equipment.
KION North America will invest $40 million and create 450 jobs to reshore the manufacturing of core components for industrial lift trucks from China to Summerville.
Will the leaders from these companies here with us tonight please stand and be recognized when I call your name? We will hold our applause until all are standing. Mr. Jason Thompson, the Chief Financial Officer of Redwood Materials; Ms. Sherry McCraw, the Vice President of Human Resources of BMW;Mr. Jeff Deaton, the Managing Director for North America of Envision AESC; Mr. Bahadir Yetki, the Chief Executive Officer of Kontrolmatik Pomega; Mr. Mike Mansuetti, the President of Bosch North America; Mr. Nathan Pranger, the Vice President and General Manager of Nucor Steel; Ms. Kristi Broadwater, the Senior Vice President of Human Resources for E.A. Sween; Mr. Chris Garcia, the Chief Executive Officer of Health Supply U.S; Mr. Jonathan Dawley, the President and Chief Executive Officer of KION North America.
And finally, our Secretary of Commerce, Harry Lightsey, and his remarkable team which worked around the clock to produce these successes, are here tonight. Ladies and gentlemen, thank you all for making 2022 a record-breaking year in South Carolina. And this year, let's do it again.
Last year presented numerous challenges for the people of South Carolina, including those resulting from the misguided and unconstitutional policies of the Biden Administration, such as dramatic inflation and sharp interest rate hikes. Left unchecked, run-away federal spending has created the specter of a recession on the horizon.
Yet, I remain confident about the future of our State because I have faith in our people and in those, they elected to represent them in the General Assembly. And I am excited to renew our successful partnership -- one based on working together through collaboration, communication, and cooperation.
Today, we are presented with an opportunity to take bold, transformative actions that will build prosperity for generations to come.
The foundations of our successes rest on three pillars: economic strength, education, and our natural environment.
This past November, South Carolinians overwhelmingly approved a constitutional amendment increasing the minimum required balance in the rainy-day reserve fund. It was increased from 5 percent to 7 percent of the total amount of General Appropriations Act funds available to be appropriated in any year. I now ask the General Assembly to set aside an additional $500 million to voluntarily increase the rainy-day reserve fund minimum balance from 7 percent to 10 percent. By saving this money instead of spending it, we will once again be prepared for any future economic uncertainties, should they arise.
Until recently, South Carolina had the highest personal income tax rate in the southeast and the 12th highest in the nation. No more. Last year, we worked together to pass the largest income tax cut in state history. This made South Carolina even more competitive with other states for new jobs and capital investment. A tax cut has the impact of a pay raise, letting people keep and spend more of their hard-earned money, which itself is a catalyst for even more economic growth and prosperity.
In February, the state Board of Economic Advisors is scheduled to issue an updated revenue forecast. Should an increase in future revenues allow, I ask the General Assembly to use additional funds to speed up the income tax cut schedule, so taxpayers can keep even more of their hard-earned money.
In addition, I recommend setting aside a significant amount of funds to re-invest in our state's record-breaking economic development efforts, rather than borrowing it through the issuance of bonds, which increases our state's debt. A one-time appropriation of $500 million will allow the Department of Commerce to satisfy all outstanding obligations and incentives without borrowing money. The House recently approved this appropriation, and it is my hope that the Senate will follow suit.
An additional one-time appropriation of $200 million will allow the department to identify and secure properties for future mega-site development.
Rural South Carolina has everything it needs for beauty and tranquility. But what it needs for good public and economic health is water and sewer. The right water and sewer systems in a county can transform a tax base. That means jobs, good schools, strong families, and a safe and vibrant community. In 2022, the state Rural Infrastructure Authority received $800 million in American Rescue Plan Act funds. Their purpose: to replace, repair, and consolidate our state's aging and outdated rural water, sewer, and stormwater infrastructure, through competitive grants. The demand exceeded the supply, and RIA received grant applications in 2022 for almost $2 billion. This year, I am recommending that a minimum of $380 million in remaining ARPA funds be used to continue making these transformative water and sewer grants in our rural communities.
There is no infrastructure more in need of big, bold, and continued investment than our state's roads, bridges, highways, and interstates. Our successes are outrunning our infrastructure.
Last year, the Department of Transportation got almost $1 billion to accelerate and jump start construction, expansion, and improvements to our State-owned roads, bridges, highways, and to widen interstates. However, in the immortal words of Jerry Reed, "we've got a long way to go and a short time to get there." So we must invest more.
This year, my Executive Budget provides an additional $850 million to continue speeding up the completion of projects which will relieve traffic congestion on interstates and highways, repair or repave local roads and fix over 400 bridges across the state.
Working together, we have taken bold steps to improve the education our children receive in the classroom. Until last year, South Carolina's system for funding K-12 education was archaic and confusing, a piecemeal system consisting of 29 separate line-item appropriations. Now, a consolidated formula makes sure that funding follows the child.
It keeps pace with student enrollments and provides financial resources to support a state average student-teacher ratio of 11.2 students per teacher, with an average teacher salary, including fringe benefits, of $72,991. My Executive Budget also increases State Aid to Classrooms by $254 million.
To increase the percentage of children who enter our public schools ready to learn, we unleashed the free market and expanded full-day, four-year-old kindergarten to all at-risk children in the state. Parents may now choose the public, private, or for-profit childcare provider that best suits their child's educational needs.
Today, we are serving 16,103 "at-risk" children in the program, which is an all-time high. Last year, there were 18 children eligible to participate in the state-funded, full-day 4K program at St. Martin de Porres Catholic School, located in Columbia. St. Martin is a private school participating in the full day 4K program. This year, parents of nine of those children wanted to enroll their children in five-year-old kindergarten at the school but could not afford to pay the tuition. Thanks to the generosity of the Catholic Church, they were able to continue their education at St. Martin at no cost to the families.
Jonathan McMillan is one of those children: He participated in the full-day 4K program last year and is now enrolled in five-year-old kindergarten at St. Martin. According to his mother and teachers, Jonathan has been saved from further struggle and challenge by staying at St. Martin. "He had challenges upon his arrival. He had different social skills that required the intentionality of our educational team. Jonathan is not shy; he is brilliant and a determined leader." His teacher, Ms. Hare, says that her goal is to help him find his light so he can brightly shine to the world around him. Jonathan is here tonight accompanied by his mother Ms. Djenabou along with the principal of St. Martin, Ms. Delores Gilliard. Ms. Gilliard has served as principal for five years. She completed a 40-year career in the public schools in Richland One school district, spending 22 years as a principal. Jonathan and ladies, please stand and be recognized.
My Executive Budget also provides $25 million in lottery dollars for the creation of education scholarship accounts, or ESAs, pending a change in the law by the General Assembly. These funds will allow lower-income parents to choose the type of education environment and instruction that best suits their child's unique needs.
My Executive Budget also proposes to continue the remarkable progress we have made in raising teacher pay. And we must do more. New teaching positions are being created every year at new schools constructed to keep up with our growing population.
Six years ago, the minimum starting salary of a teacher in South Carolina was $30,113 and the average teacher salary was below the southeastern average. Today, the minimum starting salary of a teacher in South Carolina is $40,000 and the average teacher salary now exceeds the southeastern average. My Executive Budget proposes increasing teacher salaries by $2,500 at every step of the state salary schedule, making the new minimum starting teacher salary $42,500. My goal by 2026 is a minimum starting salary of at least - at least - $50,000. In addition, my Executive Budget provides every eligible public-school teacher for the upcoming school year, with a one-time $2,500 retention supplement, half in December and the other half in May.
Miss MyKenna Blankenship is a first-year teacher at Bay Road Elementary School in the Darlington County School District. She teaches first grade. Miss Blankenship was a Teaching Fellow at Francis Marion University where she completed her bachelor's degree. She is the daughter of Ms. Jennifer Blankenship, also a teacher in the Darlington County School District. She teaches English and the Teacher Cadet Program at the Mayo High School for Math, Science and Technology. The Teacher Cadet Program is a high school course which encourages academically talented high school students to consider teaching as a career. MyKenna always wanted to be a teacher. As she said, "my mom was a lot of inspiration for my journey. . . I enjoy seeing students make connections with their life and what they are learning in school, but also the "Ah-Ha" moment when they truly understand a concept. My first year is going awesome and I could not have been more blessed with the community I chose. These students are bright and always begin the day with a surprise. I learn more as a teacher and person every day. This career and opportunity with the students fulfill my life in more than one way." MyKenna and her mother are here with us tonight. Ladies, please stand and be recognized.
Placing an armed, certified school resource officer - SRO - in every school, in every county, all day, every day, has been one of my top priorities. At my request, the General Assembly began funding a grant program administered by the Department of Public Safety (DPS) to provide school districts with funds to hire more resource officers for our 1,283 public schools.
The grant program has been very successful and has more than doubled the number of officers assigned to a school, going from 406 to 982 in just four years. This year I am recommending an additional $27.3 million to provide an additional 188 schools with an SRO. With this appropriation, 90 percent of South Carolina's public schools will have an SRO assigned to their campus.
In July of 2021 Michael Tucker was named Program Manager for the School Resource Officer (SRO) Program at DPS. During Mr. Tucker's first year as the SRO Program Manager, working with school districts and local law enforcement agencies, the number of state-funded School Resource Officers increased by 74 percent. For his exemplary work to improve school safety in our state, Mr. Tucker was recognized in October as the DPS's Public Servant of the Year. Joining Michael tonight is the Director of the Department of Public Safety Rob Woods and Chief of Staff Michael Oliver. Gentlemen, please stand and be recognized.
To train our state's SROs, I recommend providing the State Law Enforcement Division with $3.5 million to create the Center for School Safety and Targeted Violence. Located at the old Gilbert Elementary School, this partnership with Lexington School District One will provide a state-of-the-art training center in a real life setting for law enforcement and school personnel.
Last year, we expanded the investigative jurisdiction of the state Inspector General to reflect concerns that South Carolinians have regarding the management of our public schools, especially the management of taxpayer funds by school boards. It was a good first step toward restoring the public's confidence in the actions of school boards. We should expand this transparency.
To this end, the public should also know who is getting paid to influence decisions made by county, municipal, or school board officials. These "lobbyists" should be required to register with the State Ethics Commission, just like those who are paid to lobby the legislature. What's good for the Statehouse - is good for the Schoolhouse. Members of the General Assembly, send me this legislation and I will sign it into law.
We know that access to an affordable degree or skilled trade certificate is essential to ensure that our state has the trained and educated workforce to compete for jobs and investment in the future. Manufacturers in particular view the availability of skilled labor as critical to their decision to invest here.
To address the critical labor shortage affecting key sectors of our economy, I am asking the General Assembly to invest an additional $78 million in lottery funds to expand Workforce Scholarships for the Future through the South Carolina Technical College System.
In the last two years, this highly successful program has empowered over 10,000 South Carolinians to earn an industry credential in high-demand careers like manufacturing, healthcare, computer science, information technology, transportation, logistics, or construction.
Geena Rocanella, a graduate of Airport High School in Lexington School District Two, is pursuing an Associate Degree in Early Childhood and Elementary Education from Midlands Technical College. In the afternoons, she works in an after-school program, caring for preschool and elementary-age students. After-school programs provide activities for students and allow mothers and fathers to work. After completing her Associate Degree, Ms. Rocanella plans to transfer to a four-year college to complete her teacher certification requirements and become a teacher. She received a Workforce Scholarship to attend Midlands Technical College because all regions of our state face a critical shortage of child-care workers. According to the U.S. Bureau of Labor Statistics, there are 100,000 fewer child-care workers today in America than before the pandemic. They are in high demand. Ms. Rocanella is joining us tonight, and with her is Dr. Ron Rhames, President of Midlands Technical College. And this would not have been possible without the tremendous leadership of Dr. Tim Hardee, President of the State Technical College System who is also here tonight. Will you all please stand and be recognized.
My Executive Budget marks the fourth consecutive year that I have asked the General Assembly to freeze college tuition for in-state students, with an appropriation to our institutions of higher education of $43 million. This represents the 5.2 percent increase in the Higher Education Price Index for 2022 and is based on the number of in-state students enrolled at each public institution.
We are also providing a record amount of financial aid and scholarships for students in need. I propose providing $80 million so that every South Carolinian who qualifies for federal need-based financial aid - as measured by federal Pell Grants - receives sufficient state financial assistance to attend any in-state public college, university, or technical college.
And students at private, independent, and historically black colleges and universities will receive an additional $20 million for tuition grants and assistance.
In just two years, the University of South Carolina (USC) has almost doubled the number of in-state students receiving need-based grants from 2,000 students to more than 3,900 students from every county in the state.
With us tonight is Jazmine Lara Guerrero, a junior at the University of South Carolina majoring in Political Science. Upon graduating, she plans to pursue a Ph.D. in Political Science. For the past three years, she has received a need-based grant. Miss Guerrero is a first-generation college student. She is an Opportunity Scholar, a Ronald E. McNair Scholar, and a Magellan Scholar. She is part of the Gamecock Guarantee Program, which provides financial and academic support to first-generation college students. And she will graduate having no student loan debt. Before entering USC, Miss Guerrero attended the Academy for the Arts, Science and Technology, a public magnet high school in Myrtle Beach. Jazmine, please stand and be recognized.
We must continue to address the repairs needed at the aging, state-owned buildings, and infrastructure on the campuses of our four-year colleges, technical colleges, and universities. I ask the General Assembly to join me in paying down the state's deferred maintenance liability with $209 million in Capital Reserve funds to be distributed pro-rata based on each institution's in-state enrollment. Let's pay for this right now, rather than borrowing it and creating more debt.
In addition, I ask that the General Assembly complete the funding of the Battelle Alliance, a collaborative nuclear sciences research partnership between the University of South Carolina, Clemson University, South Carolina State University, and the Savannah River National Laboratory. With an appropriation of $100 million in addition to the $20 million appropriated last year, the alliance will develop workforce training programs designed to develop a pipeline of new talent to fill engineering, science, research, and management positions for private industry and nuclear facilities, including those operated by the Department of Energy. The impact on our research campuses will be far-reaching and dramatic.
It's clear that a mental health crisis exists in South Carolina following the COVID-19 pandemic, especially among our young people. Many are still struggling with the effects of disruptions, virtual instruction, isolation, and constant changes to normal routines. South Carolinians in crisis must have access to professional mental health counseling and services. To meet the growing demand for mental and behavioral health services, I am recommending an allocation of nearly $45 million to the Department of Mental Health. These funds will support the agency's ability to recruit and retain mental health professionals, provide inpatient services, increase access to crisis services such as suicide prevention hotlines - including one specifically for veterans - and community-based treatment services.
Last year, I directed Health and Human Services Director Robbie Kerr to initiate an immediate review of our State's behavioral health funding and delivery system. It became clear from Director Kerr's efforts that the time has come to modernize and restructure South Carolina's siloed healthcare delivery agencies: the Department of Mental Health, the Department of Health and Human Services, the Department of Health, and Environmental Control, among others.
My Executive Budget includes a $5 million appropriation to the Department of Administration for the purpose of procuring the professional expertise necessary to analyze and provide the General Assembly, by June 30, 2024, with a comprehensive plan to restructure these agencies, consolidating and privatizing services where possible.
Our booming economy sometimes puts our state agencies at a disadvantage with the private sector in recruiting and retaining good employees. My Executive Budget provides $78 million for recruitment and retention salary increases for state employees; $2 million for a one-time $2,500 "sign on bonus" for new, first-time state government hires; and $2 million to the Department of Administration so they may assist smaller state agencies with marketing and advertising efforts to fill those "hard to hire" positions.
I am also recommending there be no increase in employee-paid premiums for State Health Plan participants and that we add -- at no cost to state employees -- an annual OBGYN exam for all females, similar to the existing no-cost adult wellness visit which was added two years ago.
Finally, the South Carolina Retirement System, often called the "state pension plan," has one of the largest unfunded liabilities in the nation, at nearly $24 billion. The system only has assets equal to 64 percent of what is required to pay beneficiaries, which places our pension system fifth worst in the nation. Once again, I ask that the state plan be closed to new beneficiaries as of December 31, 2023, and that new state employees prospectively enrolled in the State Optional Retirement Program, which is a defined contribution 401(k) plan. Another year of inaction is another year in which the unfunded liability in the pension plan will increase. We cannot "kick this can down the road" any further.
To keep South Carolinians safe, we must maintain a robust law enforcement presence -- and properly "fund the police." Our state law enforcement agencies continue to lose valuable and experienced people because they are unable to remain competitive with pay and benefits.
Thanks to the compensation review conducted by Ms. Marcia Adams, Director of the Department of Administration, our state law enforcement, and criminal justice agencies have begun to stem the tide of personnel loss with $40 million in recruitment and retention pay raises provided in last year's General Appropriations Act.
I am proposing that we continue to build on this momentum, by providing an additional $21.5 million for recruitment and retention pay raises this year with the understanding that we will continue doing it. I am also proposing a $2,000 state income tax credit for every active-duty law enforcement officer, firefighter, first responder, and emergency medical technician. This nonrefundable tax credit will provide a total of $38.4 million in income tax relief for those who put their lives on the line each day to protect and serve our people.
Additionally, I recommend that we maintain a proviso suspending the $10,000 retirement cap for anyone enrolled in the Police Officers Retirement System. This will allow retired officers to return to work and fill existing vacancies and make our state safer.
Our law enforcement officers know who the repeat criminals are. They commit over 80 percent of the crimes. Sixteenth Solicitor Kevin Brackett shared a shocking example of how bad this problem has become. On September 30, 2018, a repeat criminal, whose name I shall not repeat, who had a prior record of drugs, assault and battery, burglary, and illegal gun possession, was arrested and charged with possession of two stolen pistols, possession with intent to distribute crack and fentanyl - and to distribute it near a park or school - resisting arrest and possession of a stolen M16A4 machine gun. He was released on a $10,000 bond. Less than four months later, he was charged with domestic violence of a high and aggravated nature for violently assaulting his pregnant girlfriend. Once again, he was released on bond.
Then, a few weeks after that, this repeat criminal, out on bond, shot two people, killing one. The surviving gunshot victim was the same pregnant girlfriend he assaulted weeks earlier. He also held four people at gunpoint, assaulting three of them with a hammer. He fled and then shot a third victim later that same day. She survived. After all that, he was finally arrested, convicted, and was eventually sentenced to life in prison. Unfortunately, this is happening every day. How long are we going to let this happen?
Law enforcement needs our help. They need stronger laws to keep illegal guns out of the hands of criminals and juveniles, and new laws to "close the revolving door" and keep career criminals behind bars and not out on bond. That means no bond for repeat criminals. Those who commit a crime while out on bond will receive an automatic mandatory five-year felony sentence with no early release or parole -- on top of the sentence for their previous crimes.
Currently, there are no graduated criminal penalties for illegal gun possession in state law. That means the penalty is the same no matter how many times the criminal gets caught, which provides no deterrent. Graduated felony penalties, with no bond, will help keep repeat criminals behind bars and not out on bail where they can commit more crimes.
We also need to stop on shady bail bond practices. Last October, I directed the Department of Insurance to crack down on these practices within its authority. Today I propose the establishment of minimum standards for court-ordered GPS or electronic monitoring, and the imposition of penalties on bondsmen who fail to maintain electronic monitoring or fail report to violations of bond conditions to court.
We have no means to carry out a death sentence in South Carolina -- and the murderers know it. The families and loved ones of these murderers' victims know it, too.
The Department of Corrections has been unable to carry out the death penalty by lethal injection since 2011 because the companies which make the drugs will not sell them unless their identities are shielded by state law from anti-death penalty activists. Fourteen states have enacted such a shield law. Director Bryan Stirling and I have asked the General Assembly to address this for over five years. In an effort to solve this problem, we amended the death penalty law to make the electric chair the default method if lethal injection was unavailable and added the firing squad as a new means of execution. It was immediately challenged in court, scheduled executions were halted, and we now -- once again -- await a decision by our state Supreme Court.
Ladies and gentlemen, we cannot keep waiting. I ask the General Assembly again: pass a shield law. We must give these grieving families and loved ones the justice and closure they are owed by law and tell the people of South Carolina that their government believes in the rule of law -- just like they do.
We must also re-examine those issues, practices, and laws that make our State less competitive and make it difficult for families, businesses, and entrepreneurs to invest, grow, and thrive. One issue in need of re-examination is in the area of civil litigation known as "joint and several liability." Nobody, including business owners should be penalized for the actions of others, simply because they have more money. Nor should anyone be absolved of responsibility for their own actions. I am confident that we can find a commonsense formula which will provide accountability and just compensation without damaging our economy.
In addition, I suggest that it's time for members of the General Assembly who are attorneys -- to stop suing the bodies in which they serve, stop suing state agencies in plaintiff actions, and stop suing elected officials. This is absurd. It diminishes the public's confidence not only in the lawyer legislators -- but the rest of state government as well.
We must also ensure that the public has confidence in whom and how all our state's judges are selected, by making the processes more transparent and accountable. South Carolina is one of two states in which the General Assembly selects the members of the judiciary. It appears that the public's confidence in this arrangement is waning. Too often, the people's business is unattended. "Justice delayed is justice denied." I suggest that our Founding Fathers prescribed a method for judicial selection that has served our federal government well and with which the public is quite familiar. Gubernatorial appointment of all judges, with the advice and consent of the state Senate, requires no "re-invention of the wheel," will inspire the confidence of our people, and will encourage more excellent attorneys to seek public service.
Last year, the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization gave us cause for confidence when it recognized that Roe v. Wade was "egregiously wrong" on "the day it was decided" and that the U.S. Constitution does not prohibit States from regulating or prohibiting abortion. Unfortunately, the South Carolina Supreme Court delivered a temporary setback earlier this month. In a 3 - 2 decision, the court struck down the Fetal Heartbeat and Protection from Abortion Act, concluding that it violated a constitutional provision that was proposed and adopted before Roe v. Wade, at a time when nearly all abortions were illegal in South Carolina. Respectfully, the court's decision is at odds with the law and the facts, and the lead opinion's results-oriented reasoning threatens to disrupt our constitutional separation of powers.
When I signed the Heartbeat Act into law, I was confident that it was constitutional. I still am. Therefore, I will be filing a petition for rehearing next week, along with other state officials, and I remain optimistic that we will prevail in our historic fight to protect and defend the right to, and the sanctity of life.
Finally, our shared cultural and natural heritage, abundant natural resources and prosperous economy make us the envy of others and attractive to all. Explorers for kings and queens marveled at our mountains, beaches, sea islands, and marshes. They reported back that the land was lush, fertile, and brimming with abundance. And I have no doubt that they would have the same reaction today. When the French, Spanish, and English settlers began arriving in South Carolina over 450 years ago, there were around two dozen groups or "tribes" of indigenous peoples, or Native Americans, residing in the Lowcountry.
The Ashepoo, Bohicket, Combahee, Edisto, Kiawah, Sewee, St. Helena, Wando, among others lived and thrived here and their names live on today as majestic rivers, sea islands, towns, and entities. Currently, a number of tribes are officially recognized. The Catawba Indian Nation, the Beaver Creek Indians, the Edisto Natchez-Kusso Tribe of South Carolina, the Pee Dee Indian Nation of Upper South Carolina, the Pee Dee Indian Tribe, the Piedmont American Indian Association, the Santee Indian Organization, the Sumter Tribe of Cheraw Indians, the Waccamaw Indian People, and the Wassamasaw Tribe of Varnertown Indians. Many of the leaders of South Carolina's tribes are here with us tonight. Please stand and be recognized.
By the time the English established the permanent settlement of Charles Towne on the banks of the Ashley River in 1670, a global network for trading and selling West Africans into slavery was well established by European nations, sending enslaved people to Brazil, the West Indies, and the American colonies. Between 1700 and 1775, forty percent of enslaved West Africans entering the colonies did so through Gadsden's Warf in Charleston, which today is the location of the new International African American Museum.
They came from the Winward Coast, the Ivory Coast, and the Gold Coast areas of Western Africa, known today as Senegal, Sierra Leone, the Republic of Congo, and Ghana. The importation of enslaved persons was criminalized in the United States in 1808. Descendants of these people are proudly represented today by the Gullah Geechee Nation, some living on the sea island properties owned by their ancestors. The Penn Center, on St. Helena Island, with its national landmark designation, serves as the cultural "capitol" and historical repository for the preservation of our Gullah heritage. Queen Quet Marquetta L. Goodwine, Chieftess of the Gullah Geechee Nation, is with us tonight. Please stand and be recognized.
It is believed that the first European Jewish settlers arrived in Charleston around 1700 to take advantage of the civil and religious liberty afforded in the colony of South Carolina. The congregation Kahal Kadosh Beth Elohim has the oldest synagogue in continuous use in North America and is known as the cornerstone of American Reform Judaism. By 1800, South Carolina had the largest Jewish population of any state in the United States.
More battles and skirmishes were fought during the Revolutionary War in South Carolina than in any other state. The victory at Cowpens over the British Army turned the tide of the American Revolution and secured life, liberty, and the pursuit of happiness for a new nation. And the term "Sandlapper" was born as a colloquial nickname bestowed upon South Carolinians by retreating British troops. Efforts are underway now to preserve the stories and places of these historic events.
Clearly, South Carolina has an incomparable cultural and natural heritage which distinguishes our state and people from all others. We must honor, preserve and be good stewards of that which we have been given.
Economic growth and the preservation of our shared heritage are not opposing objectives which must be balanced as in a competition, one against the other. Instead, they are complementary, intertwined, and inseparable, each dependent on the other. To strengthen one is to strengthen the other.
The question today is: Will anyone recognize South Carolina in 100 years? Will we allow our state's culturally and environmentally significant structures, monuments, lands, islands, and waters to be lost - to over-development, mismanagement, flooding, erosion, or storm damage? Or will we preserve and protect our history, our culture and our environment, and the public's access to them, before they are lost forever. This is our moment to act. While we still can. To that end, I am recommending that a total of $266 million be appropriated to the Conservation Land Bank, the Department of Natural Resources, and the Office of Resilience, for the purpose of identifying and preserving culturally or environmentally significant properties and tracts in which public access is in jeopardy of being lost forever.
In closing, to the members of the General Assembly, I say let us continue our successful partnership, one that has been based on communication, collaboration, and cooperation.
Let us embrace civility and comity through our thoughts, our actions, and our words - and urge our people, especially the young people, to be proud of their state.
And let us set our State on a course that will provide the opportunity for prosperity, success, and happiness for generations of South Carolinians. The best is yet to come. May God continue to bless America, and our Great State of South Carolina.
On motion of Senator GROOMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Ronald "Ron" Calhoun Fulmer, Sr. of Columbia, S.C. Ron served in the Army as first lieutenant in the Vietnam War. He was a Citadel graduate and loved his home church St. John's Lutheran Church. Ron served in the house of Representatives in the late 1980s representing District 119 in Charleston County. He started Fulmer Public Relations, Inc. and later worked with State Capitol Group, LLC. Ron received many awards and accolades including the Order of the Palmetto. Ron was a loving husband, devoted father and doting grandfather who will be dearly missed.
At 8:07 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.
This web page was last updated on Wednesday, January 25, 2023 at 9:04 P.M.