NO. 9
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 8:1: "O Lord, our Sovereign, how majestic is your name in all the earth!"
Let us pray. Triune God, You come to us to save us and to bless us with peace and wisdom. Give us the faith to trust Your love that never fails. In Your loving care look in favor upon our first responders and defenders of freedom who keep us safe and secure. Give these Representatives and Staff Your full measure of energy and mindfulness to do the work required of them. Bless and keep our World, Nation, President, State, Governor, Speaker, Staff, and all who labor in this vineyard. Bless and keep our men and women who serve to keep us free. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RUTHERFORD moved that when the House adjourns, it adjourn in memory of Brian DeQuincey Newman, which was agreed to.
The following was introduced: H. 3743 (Word version) -- Reps. J. L. Johnson, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF THE DELTA ETA CHAPTER OF THE CHI ETA PHI SORORITY, INC., AND TO CONGRATULATE THEM ON THE CELEBRATION OF THE CHAPTER'S FORTIETH ANNIVERSARY.
The Resolution was adopted.
The Senate sent to the House the following:
S. 402 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO CONGRATULATE DR. OSCAR F. LOVELACE FOR RECEIVING THE SOUTH CAROLINA OFFICE OF RURAL HEALTH PIONEER AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3744 (Word version) -- Reps. Ligon and B. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 9-11-10, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM DEFINITIONS, SO AS TO ADD THE CATAWBA INDIAN NATION TO THE DEFINITION OF "EMPLOYER"; AND BY AMENDING SECTION 9-11-40, RELATING TO APPLICATION TO BECOME AN EMPLOYER UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE CATAWBA INDIAN NATION CAN APPLY TO BECOME AN EMPLOYER UNDER THE SYSTEM.
Referred to Committee on Ways and Means
H. 3745 (Word version) -- Rep. A. M. Morgan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 63-13-1210, RELATING TO THE STATE ADVISORY COMMITTEE ON THE REGULATION OF CHILDCARE FACILITIES, SO AS TO PROVIDE THAT MEMBERS APPOINTED TO REPRESENT CHURCH-OPERATED CHILDCARE CENTERS MUST BE FROM REGISTERED FAITH-BASED CENTERS.
Referred to Committee on Education and Public Works
H. 3746 (Word version) -- Reps. Sandifer and Hardee: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 38-75-485, RELATING TO THE SOUTH CAROLINA HURRICANE DAMAGE MITIGATION PROGRAM, SO AS TO ESTABLISH GRANT CRITERIA, THAT MATCHING GRANT FUNDS MAY BE AVAILABLE TO LOCAL GOVERNMENTS, AND A NONMATCHING GRANT FORMULA; BY AMENDING SECTION 38-3-110, RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, SO AS TO ALLOW THE DIRECTOR TO PROVIDE INFORMATION REGARDING FACTORS THAT MAY AFFECT PREMIUM RATES; AND BY AMENDING SECTION 38-61-80, RELATING TO WITHDRAWING FROM THE MARKET, SO AS TO INCLUDE REFERENCES TO TERMINATING POLICIES FROM THE MARKET.
Referred to Committee on Labor, Commerce and Industry
H. 3747 (Word version) -- Reps. Erickson, Herbkersman, Bradley and W. Newton: 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.
Referred to Committee on Education and Public Works
H. 3748 (Word version) -- Reps. Caskey, Wooten, Wetmore, Hartnett and Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-11-680, RELATING TO THE UNLAWFUL ALTERATION OR REMOVAL OF BOUNDARY LANDMARKS, SO AS TO CLARIFY THAT THE SECTION PROHIBITS MOVING, ALTERING, DESTROYING, OR REMOVING GEODETIC CONTROL MONUMENTS OR CERTAIN LAND SURVEYING MONUMENTS, TO UPDATE THE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO DEFINE NECESSARY TERMS.
Referred to Committee on Judiciary
H. 3749 (Word version) -- Reps. Murphy, Rutherford, Bannister, Ott, Herbkersman, B. Newton, M. M. Smith, Brewer, Gatch, Bernstein, W. Newton and Tedder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY APPROPRIATING ONE MILLION DOLLARS TO THE DEPARTMENT OF REVENUE TO BE USED IN THE ADMINISTRATION OF THE PRIVILEGE TAX; BY ADDING CHAPTER 23 TO TITLE 52 ENTITLED "INTERACTIVE WAGERING" SO AS TO PROVIDE THAT CERTAIN SPORTS WAGERING IS LAWFUL, TO PROVIDE DEFINITIONS, TO PROVIDE THAT A LICENSEE IS SUBJECT TO CERTAIN PROVISIONS, TO PROVIDE FOR A CERTAIN PRIVILEGE TAX, TO PROVIDE THAT THE COMMISSION SHALL ISSUE CERTAIN LICENSES, TO PROVIDE THAT THE COMMISSION SHALL ISSUE CERTAIN SUPPLIER LICENSES, TO PROVIDE FOR WHO MAY NOT APPLY FOR OR OBTAIN A LICENSE, TO PROVIDE FOR WHO MAY OR MAY NOT PLACE CERTAIN BETS, TO PROVIDE FOR THE USE OF OFFICIAL LEAGUE DATA, TO PROVIDE FOR RESTRICTIONS ON LICENSEES, TO PROVIDE THAT A LICENSEE SHALL ALLOW BETTORS TO PLACE CERTAIN RESTRICTIONS ON THEMSELVES, TO PROVIDE THAT CERTAIN WAGERS ARE ENFORCEABLE CONTRACTS, TO PROVIDE THAT EACH LICENSEE SHALL ADOPT CERTAIN HOUSE RULES, TO PROVIDE FOR CERTAIN REPORTS, TO PROVIDE FOR CERTAIN REGISTRATION, TO PROVIDE THE EQUINE AND SPORTS WAGERING COMMISSION MAY AUTHORIZE AND REGULATE INTERACTIVE SPORTS WAGERING, TO PROVIDE RELATED REQUIREMENTS CONCERNING THE REGULATION OF INTERACTIVE SPORTS WAGERING, TO PROVIDE FOR CERTAIN ANNUAL REPORTS, TO PROVIDE FOR CERTAIN REGULATIONS, TO PROVIDE THAT CERTAIN INDIVIDUALS MAY INSPECT BOOKS AND RECORDS AT CERTAIN TIMES, TO PROVIDE FOR CERTAIN INVESTIGATIONS, TO PROVIDE FOR AN APPELLATE PROCESS, TO PROVIDE FOR CIVIL PENALTIES, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSMIT CERTAIN INFORMATION, TO CREATE THE "SOUTH CAROLINA EQUINE AND SPORTS WAGERING COMMISSION", TO PROVIDE FOR REMOVAL FROM THE COUNCIL, TO PROVIDE FOR AN EQUINE SUBCOMMITTEE, TO ESTABLISH A GRANT PROGRAM TO ASSIST THE GROWTH AND DEVELOPMENT OF THE EQUINE INDUSTRY IN SOUTH CAROLINA; TO PROVIDE DEFINITIONS; TO PROVIDE GUIDELINES FOR PARI-MUTUEL WAGERING; TO PROVIDE APPLICATION GUIDELINES FOR PARI-MUTUEL WAGERING; TO PROVIDE FOR APPLICATION AND LICENSE FEES; TO PROVIDE FOR THE EQUINE INDUSTRY DEVELOPMENT FUND; TO PROVIDE GUIDELINES AND PROTECTIONS FOR COMMITTEE MEMBERS; TO REQUIRE THE SUBCOMMITTEE TO SUBMIT AN ANNUAL REPORT; AND BY ADDING SECTION 16-19-135 SO AS TO PROVIDE THAT CERTAIN SPORTS WAGERING AND FANTASY SPORTS CONTESTS ARE NOT A VIOLATION OF CERTAIN LAWS.
Referred to Committee on Ways and Means
H. 3750 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD PLANNING FOR REPAIRS TO BRIDGES, HIGHWAYS, ROADS, AND OTHER IMPROVEMENTS ON THE STATE'S RIGHTS OF WAY TO THE LIST OF EXEMPTIONS AND TO PROVIDE CERTAIN EXCEPTIONS.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Harris Hart Hartnett Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Announcement was made that Dr. Gerald Wilson of Columbia was the Doctor of the Day for the General Assembly.
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."
Bill Number: H. 3008 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3014 (Word version)
Date: ADD:
01/19/23 KIRBY
Bill Number: H. 3059 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3099 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3115 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3197 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3202 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3281 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3282 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3307 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3424 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3426 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3464 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3475 (Word version)
Date: ADD:
01/19/23 POPE
Bill Number: H. 3476 (Word version)
Date: ADD:
01/19/23 M. M. SMITH and DAVIS
Bill Number: H. 3476 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3503 (Word version)
Date: ADD:
01/19/23 M. M. SMITH, DAVIS, VAUGHAN, ROBBINS and B. J. COX
Bill Number: H. 3532 (Word version)
Date: ADD:
01/19/23 WHITE, M. M. SMITH, DAVIS, PACE and B. L. COX
Bill Number: H. 3552 (Word version)
Date: ADD:
01/19/23 MURPHY, BREWER and HAGER
Bill Number: H. 3553 (Word version)
Date: ADD:
01/19/23 M. M. SMITH and OREMUS
Bill Number: H. 3554 (Word version)
Date: ADD:
01/19/23 M. M. SMITH and OREMUS
Bill Number: H. 3555 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3556 (Word version)
Date: ADD:
01/19/23 OREMUS
Bill Number: H. 3583 (Word version)
Date: ADD:
01/19/23 TAYLOR, CARTER, BREWER and MURPHY
Bill Number: H. 3591 (Word version)
Date: ADD:
01/19/23 W. NEWTON
Bill Number: H. 3593 (Word version)
Date: ADD:
01/19/23 M. M. SMITH and DAVIS
Bill Number: H. 3594 (Word version)
Date: ADD:
01/19/23 VAUGHAN, WHITE, COLLINS, J. E. JOHNSON and GAGNON
Bill Number: H. 3609 (Word version)
Date: ADD:
01/19/23 TAYLOR
Bill Number: H. 3682 (Word version)
Date: ADD:
01/19/23 TAYLOR
Bill Number: H. 3690 (Word version)
Date: ADD:
01/19/23 KILMARTIN, TAYLOR and M. M. SMITH
Bill Number: H. 3698 (Word version)
Date: ADD:
01/19/23 TAYLOR
Bill Number: H. 3738 (Word version)
Date: ADD:
01/19/23 KING and BAUER
Bill Number: H. 3749 (Word version)
Date: ADD:
01/19/23 TEDDER
The following Joint Resolution was taken up:
H. 3604 (Word version) -- Reps. Bannister, G. M. Smith and Murphy: A JOINT RESOLUTION TO AUTHORIZE THE EXPENDITURE OF FUNDS FROM THE CONTINGENCY RESERVE FUND FOR ECONOMIC DEVELOPMENT PROJECTS AND FEDERAL FUNDS DISBURSED TO THE STATE IN THE AMERICAN RESCUE PLAN ACT OF 2021, AND TO SPECIFY THE MANNER IN WHICH THE FUNDS MAY BE EXPENDED.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3604 (Word version) (LC-3604.SA0004H):
Amend the joint resolution, as and if amended, by deleting SECTION 2 and SECTION 3.
Amend the joint resolution further, by adding appropriately numbered SECTIONS read:
SECTION X. From the contingency reserve fund, there is appropriated $500,000,000 for infrastructure funding related to qualifying economic development projects authorized and approved by the Joint Bond Review Committee and the State Fiscal Accountability Authority during Fiscal Year 2022-2023 pursuant to Chapter 41, Title 11 of the S.C. Code. Any such funds allocated to projects previously authorized and approved must be reduced by any amount provided by the State in accordance with Proviso 112.2 of Fiscal Year 2022-2023 Appropriations Act to reduce the amount of debt issued. For remaining funds available, the Department of Commerce shall identify and recommend potential projects for review and comment by the Joint Bond Review Committee before any funds may be awarded or expended. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION X. From funds disbursed to the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Of the $586,633,226 appropriated, $86,633,226 must be available for projects designated by the Secretary of Commerce as being significant to economic development.
SECTION X. Notwithstanding SECTION 14 of Act 244 of 2022, the funds in the ARPA Resilience Account must be used to complete stormwater infrastructure projects, projects that reduce floodwater impacts, or projects that mitigate the impacts from potential releases of contamination associated with natural hazards. The funds in the ARPA Resilience Account may also be used for acquisitions of property throughout the State to increase resilience
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER explained the amendment. Reps. MAGNUSON, MAY, MCCABE, PACE, TRANTHAM, HARRIS, O'NEAL, BEACH and CROMER requested debate on the Joint Resolution.
The following Bill was taken up:
H. 3741 (Word version) -- Rep. W. Newton: A BILL TO ADOPT REVISED CODE VOLUME 13A OF THE SOUTH CAROLINA CODE OF LAWS, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2023.
Rep. W. NEWTON explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Harris Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Long Magnuson May McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Rivers Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. W. NEWTON asked unanimous consent that H. 3741 (Word version) be read a third time tomorrow.
Rep. MAY objected.
Rep. MURPHY asked unanimous consent that H. 3254 (Word version) be read a third time tomorrow.
Rep. MAY objected.
Rep. FORREST moved to dispense with the balance of the Motion Period.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Ligon McCravy McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Ott Pedalino Pope Rivers Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Beach Burns Chumley B. J. Cox Cromer Harris S. Jones Kilmartin Long Magnuson May McCabe A. M. Morgan T. A. Morgan O'Neal Oremus Pace Trantham White
So, the balance of the motion period was dispensed with.
The following Bill was taken up:
H. 3604 (Word version) -- Reps. Bannister, G. M. Smith and Murphy: A JOINT RESOLUTION TO AUTHORIZE THE EXPENDITURE OF FUNDS FROM THE CONTINGENCY RESERVE FUND FOR ECONOMIC DEVELOPMENT PROJECTS AND FEDERAL FUNDS DISBURSED TO THE STATE IN THE AMERICAN RESCUE PLAN ACT OF 2021, AND TO SPECIFY THE MANNER IN WHICH THE FUNDS MAY BE EXPENDED.
The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3604 (Word version) (LC-3604.SA0004H), which was adopted:
Amend the joint resolution, as and if amended, by deleting SECTION 2 and SECTION 3.
Amend the joint resolution further, by adding appropriately numbered SECTIONS read:
SECTION X. From the contingency reserve fund, there is appropriated $500,000,000 for infrastructure funding related to qualifying economic development projects authorized and approved by the Joint Bond Review Committee and the State Fiscal Accountability Authority during Fiscal Year 2022-2023 pursuant to Chapter 41, Title 11 of the S.C. Code. Any such funds allocated to projects previously authorized and approved must be reduced by any amount provided by the State in accordance with Proviso 112.2 of Fiscal Year 2022-2023 Appropriations Act to reduce the amount of debt issued. For remaining funds available, the Department of Commerce shall identify and recommend potential projects for review and comment by the Joint Bond Review Committee before any funds may be awarded or expended. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION X. From funds disbursed to the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Of the $586,633,226 appropriated, $86,633,226 must be available for projects designated by the Secretary of Commerce as being significant to economic development.
SECTION X. Notwithstanding SECTION 14 of Act 244 of 2022, the funds in the ARPA Resilience Account must be used to complete stormwater infrastructure projects, projects that reduce floodwater impacts, or projects that mitigate the impacts from potential releases of contamination associated with natural hazards. The funds in the ARPA Resilience Account may also be used for acquisitions of property throughout the State to increase resilience
Renumber sections to conform.
Amend title to conform.
Rep. BANNISTER spoke in favor of the amendment.
The amendment was then adopted.
Rep. MAGNUSON proposed the following Amendment No. 2 to H. 3604 (Word version) (LC-3604.DG0014H), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION X. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Also, only grant applications from unincorporated areas or in municipalities with a population of less than five thousand may be considered.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. BANNISTER spoke against the amendment.
Rep. BANNISTER moved to table the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliard Guest Haddon Hager Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Ligon McCravy McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Ott Pedalino Pope Rivers Robbins Rose Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Burns Chumley B. J. Cox Cromer Gilliam Harris S. Jones Kilmartin Leber Long Magnuson May McCabe A. M. Morgan T. A. Morgan Oremus Pace Trantham White
So, the amendment was tabled.
Rep. MAGNUSON proposed the following Amendment No. 3 to H. 3604 (Word version) (LC-3604.DG0015H), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION X. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Of the $586,633,226 appropriated, $86,633,226 must be available for projects designated by the Secretary of Commerce as being significant to economic development. None of these funds may be expended to hire or consult with a lobbyist or a lobbyist principal.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. YOW spoke against the amendment.
Rep. BANNISTER moved to table the amendment. Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. L. Johnson W. Jones Jordan Kirby Lawson Ligon McCravy McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Ott Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions M. M. Smith Stavrinakis Taylor Tedder Thayer Vaughan Weeks West Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Burns Chumley B. J. Cox Cromer Forrest Harris S. Jones Kilmartin Landing Leber Long Magnuson May McCabe A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Pace Trantham White
So, the amendment was tabled.
Rep. MAGNUSON proposed the following Amendment No. 4 to H. 3604 (Word version) (LC-3604.DG0016H), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION X. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. WEST spoke against the amendment.
Rep. MAGNUSON spoke in favor of the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. LANDING spoke against the amendment.
Rep. BANNISTER moved to table the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Long McCravy McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Oremus Ott Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Yow
Those who voted in the negative are:
Beach Burns Chumley Cromer Harris S. Jones Kilmartin Magnuson May McCabe A. M. Morgan T. A. Morgan O'Neal Pace Trantham White
So, the amendment was tabled.
Rep. PACE proposed the following Amendment No. 5 to H. 3604 (Word version) (LC-3604.SA0017H), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION read:
SECTION X. Six months after the funds appropriated in SECTION 3 from the American Rescue Plan Act of 2021 are disbursed, the Inspector General shall review the economic impact of the disbursed funds. The Inspector General shall report to the House of Representatives on whether the funds were spent effectively and efficiently as well as all unintended consequences that were caused by the spending.
Renumber sections to conform.
Amend title to conform.
Rep. PACE explained the amendment.
Rep. BANNISTER spoke against the amendment.
Rep. BANNISTER moved to table the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Clyburn Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Hager Hart Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Hyde Jefferson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon McCravy McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Oremus Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Burns Chumley Cromer Haddon Harris S. Jones Kilmartin Long Magnuson May McCabe A. M. Morgan T. A. Morgan O'Neal Ott Pace Trantham White
So, the amendment was tabled.
Reps. A. M. MORGAN and PACE proposed the following Amendment No. 6 to H. 3604 (Word version) (LC-3604.SA0018H), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION 3. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Of the $586,633,226 appropriated, $86,633,226 must be available for projects designated by the Secretary of Commerce as being significant to economic development. American Rescue Plan Act funds may not be disbursed to any company owned by a member of the General Assembly, or a family member or close acquaintance of a member of the General Assembly, however a member of the General Assembly, or family member or close acquaintance, may own public shares of a company offered to the general public.
Renumber sections to conform.
Amend title to conform.
Rep. A. M. MORGAN explained the amendment.
Rep. CASKEY spoke upon the amendment.
Rep. BANNISTER moved to table the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. L. Cox Crawford Dillard Elliott Erickson Felder Gagnon Garvin Gatch Gibson Gilliard Guest Guffey Hager Hart Hayes Henderson-Myers Henegan Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan Kirby Landing Leber Ligon McCravy McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Ott Pope Rivers Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Burns Chumley B. J. Cox Cromer Forrest Gilliam Harris S. Jones Kilmartin Long Magnuson May McCabe A. M. Morgan T. A. Morgan Nutt O'Neal Oremus Pace Pedalino Trantham Vaughan White
So, the amendment was tabled.
I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 6, H. 3604 (Word version). If I had been present, I would have voted in favor of tabling the Amendment.
I voted to table Amendment No. 6 on H. 3604 (Word version) and several other amendments because many of the issues raised, especially as it pertains to family members or House members benefitting from dollars disbursed to companies are already addressed in earlier legislation; however, the amendments as written allow family or House members to own shares of publicly traded companies that receive disbursements.
This is a clear conflict of interest, so I voted to table both.
Rep. Kathy Landing
Reps. A. M. MORGAN and PACE proposed the following Amendment No. 7 to H. 3604 (Word version) (LC-3604.SA0012H), which was adopted:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION 3. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Rural Infrastructure Authority ARPA Water and Sewer Infrastructure Account for the purposes described in Act 244 of 2022. Only existing grant applications, as of January 1, 2023, may be considered in determining disbursements. Of the $586,633,226 appropriated, $86,633,226 must be available for projects designated by the Secretary of Commerce as being significant to economic development. American Rescue Plan Act funds may not be disbursed to any company owned by a member of the General Assembly, however a member of the General Assembly may own public shares of a company offered to the general public.
Renumber sections to conform.
Amend title to conform.
Rep. A. M. MORGAN explained the amendment.
Rep. A. M. MORGAN continued speaking.
Rep. A. M. MORGAN spoke in favor of the amendment.
Rep. CASKEY spoke upon the amendment.
Rep. BAMBERG spoke upon the amendment.
Rep. LANDING spoke upon the amendment.
The question then recurred to the adoption of the amendment. The amendment was then adopted.
Rep. S. JONES proposed the following Amendment No. 8 to H. 3604 (Word version) (LC-3604.DG0019H), which was tabled:
Amend the joint resolution, as and if amended, by striking SECTION 3 and inserting:
SECTION X. From funds disbursed the State in the American Rescue Plan Act of 2021, there is appropriated $586,633,226 of remaining American Rescue Plan Act funds to the Department of Revenue to provide a one-time tax rebate to individual taxpayers. The refund for each tax return must be in an equal amount. This SECTION may be referred to as the South Carolina Personal Infrastructure Plan.
Renumber sections to conform.
Amend title to conform.
Rep. S. JONES explained the amendment.
Rep. BANNISTER moved to table the amendment.
Rep. S. JONES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Caskey Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson W. Jones Jordan Kirby Landing Lawson Leber Ligon McCravy McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Ott Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler Whitmire Williams Wooten Yow
Those who voted in the negative are:
Beach Burns Chumley Cromer Harris S. Jones Kilmartin Long Magnuson May McCabe A. M. Morgan T. A. Morgan O'Neal Oremus Pace Trantham White
So, the amendment was tabled.
The question recurred to the passage of the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Long McCravy McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Nutt Oremus Ott Pedalino Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Beach Cromer Harris S. Jones Kilmartin Magnuson May McCabe A. M. Morgan T. A. Morgan O'Neal Pace Trantham White
Rep. B. NEWTON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3715 (Word version) -- Reps. Felder, Guffey, King, Ligon, Moss, O'Neal, Pope, Sessions and Gilliam: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR BETTY MILLER, DEPUTY SOLICITOR FOR THE 16TH JUDICIAL CIRCUIT SOLICITOR'S OFFICE, AND TO CONGRATULATE HER FOR RECEIVING THE ERNEST F. HOLLINGS AWARD FOR EXCELLENCE IN STATE PROSECUTION FOR 2022.
At 12:16 p.m. the House, in accordance with the motion of Rep. RUTHERFORD, adjourned in memory of Brian DeQuincey Newman, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, January 20, 2023 at 4:14 P.M.