NO. 16
REGULAR SESSION BEGINNING TUESDAY, JANUARY 10, 2023
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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 8:3-4: "When I look at your heavens, the work of your fingers, the moon and the stars that you have established; what are human being that you are mindful of them, mortals that you care for them?"
Let us pray. It is indeed right, our duty and our joy, that we should at all times and in all places give thanks and praise to You, almighty and merciful God. You give us strength to carry out the duties of this Assembly. Bless each and every one of these Representatives and Staff with the energy to fulfill the duties required of them. Bless our defenders of freedom and first responders as they care for us. Bless and keep our World, Nation, President, State, Governor, Speaker, Staff, and all who labor in these Halls of Government. Remember our men and women who suffer and sacrifice that we may live as free people. 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. CRAWFORD moved that when the House adjourns, it adjourn in memory of Nancy Childs, which was agreed to.
Rep. THIGPEN made a statement relative to the life and contributions of Modjeska Monteith Simkins.
Rep. DAVIS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3231 (Word version) -- Reps. West and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTIONS 44-6-300, 44-6-310, AND 44-6-320 ALL RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH AND EXPAND CHILD DEVELOPMENT SERVICES.
Ordered for consideration tomorrow.
Rep. DAVIS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3508 (Word version) -- Reps. Davis and G. M. Smith: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 3-1-150 AND 63-3-510, RELATING TO JURISDICTION OVER CERTAIN LANDS RELINQUISHED BY THE UNITED STATES AND THE EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, RESPECTIVELY, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE UNITED STATES IN CERTAIN MATTERS INVOLVING JUVENILES WITHIN A MILITARY INSTALLATION.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3518 (Word version) -- Rep. Felder: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-395, RELATING TO THE DRIVER'S LICENSE REINSTATEMENT FEE PAYMENT PROGRAM, SO AS TO PROVIDE THE DRIVERS' LICENSES ISSUED UNDER THIS PROGRAM ARE VALID FOR AN ADDITIONAL SIX MONTHS, TO REVISE THE AMOUNT OF REINSTATEMENT FEES OWED BY PERSONS TO BECOME ELIGIBLE TO OBTAIN THESE DRIVERS' LICENSES, TO REVISE THE DISTRIBUTION OF THE ADMINISTRATIVE FEES COLLECTED, TO PROVIDE THE DEPARTMENT OF MOTOR VEHICLES MAY PROVIDE PERSONS IN THE PROGRAM A FEE SCHEDULE OF THE AMOUNTS OWED AND THE ABILITY TO MAKE ONLINE PAYMENTS, TO REVISE THE TYPES OF DRIVERS' LICENSE SUSPENSIONS THAT ARE COVERED BY THIS SECTION, AND TO REVISE THE FREQUENCY THAT PERSONS MAY PARTICIPATE IN THE PROGRAM AND THE CONDITIONS FOR FUTURE PARTICIPATION; BY AMENDING SECTION 56-1-396, RELATING TO THE DRIVER'S LICENSE SUSPENSION AMNESTY PERIOD, SO AS TO LIMIT THE TYPES OF QUALIFYING SUSPENSIONS; BY AMENDING SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON LOSS OF INSURANCE, NEW INSURANCE MUST BE OBTAINED OR PERSONS MUST SURRENDER THEIR REGISTRATION AND PLATES, WRITTEN NOTICE BY INSURERS, APPEAL OF SUSPENSIONS, ENFORCEMENT, AND PENALTIES, SO AS TO REVISE THE PERIOD OF TIME VEHICLE OWNERS MUST SURRENDER MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES FOR CERTAIN UNINSURED MOTOR VEHICLES, TO DELETE THE PROVISION THAT GIVES THE DEPARTMENT OF MOTOR VEHICLES DISCRETION TO AUTHORIZE INSURERS TO UTILIZE ALTERNATE METHODS OF PROVIDING CERTAIN NOTICES TO THE DEPARTMENT, TO DELETE THE PROVISION THAT ALLOWS CERTAIN PERSONS TO APPEAL CERTAIN SUSPENSIONS TO THE DEPARTMENT OF INSURANCE FOR FAILURE TO MEET THE STATE'S FINANCIAL RESPONSIBILITY REQUIREMENTS IN ERROR, AND TO ALLOW THESE PERSONS TO PROVIDE CERTAIN DOCUMENTS TO SHOW THE SUSPENSION WAS ISSUED IN ERROR; BY AMENDING SECTION 56-10-245, RELATING TO PER DIEM FINES FOR LAPSE IN REQUIRED COVERAGE, SO AS TO PROVIDE THE FINES CONTAINED IN THE SECTION MAY NOT EXCEED TWO HUNDRED DOLLARS PER VEHICLE FOR A FIRST OFFENSE; BY AMENDING ARTICLE 5 OF CHAPTER 10, TITLE 56, RELATING TO THE ESTABLISHMENT OF THE UNINSURED MOTORIST FUND, SO AS TO REVISE THE PROVISIONS OF THIS ARTICLE TO REGULATE THE OPERATION OF UNINSURED MOTOR VEHICLES, TO DELETE PROVISIONS RELATING TO THE ESTABLISHMENT AND COLLECTION OF UNINSURED MOTOR VEHICLE FEES, TO MAKE TECHNICAL CHANGES, TO REVISE THE AMOUNT OF THE MOTOR VEHICLE REINSTATEMENT FEE AND PROVIDE IT SHALL BE INCREASED ANNUALLY, TO PROVIDE SUSPENDED LICENSES, REGISTRATION CERTIFICATES, LICENSE PLATES, AND DECALS MAY BE RETURNED TO THE DEPARTMENT OF MOTOR VEHICLES BY ELECTRONIC MEANS OR IN PERSON, AND TO DELETE THE PROVISIONS THAT REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO COLLECT STATISTICS REGARDING VARIOUS MOTOR VEHICLE REGISTRATION, INSURANCE, AND UNINSURED MOTORIST FUND ISSUES.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3728 (Word version) -- Reps. Felder, A. M. Morgan, Leber, Magnuson, Haddon, Harris, Taylor, S. Jones and Landing: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA TRANSPARENCY AND INTEGRITY IN EDUCATION ACT"; BY ADDING ARTICLE 5 TO CHAPTER 29, TITLE 59 SO AS TO EXPRESS RELATED INTENTIONS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY DEFINITIONS, TO PROHIBIT CERTAIN CONCEPTS FROM BEING INCLUDED IN PUBLIC SCHOOL INSTRUCTION AND PROFESSIONAL DEVELOPMENT, TO PROVIDE MEANS FOR ADDRESSING VIOLATIONS, AND TO PROVIDE PROCEDURES FOR PUBLIC REVIEW OF PUBLIC SCHOOL CURRICULUM AND INSTRUCTIONAL MATERIALS; AND BY AMENDING SECTION 59-28-180, RELATING TO PARENTAL EXPECTATIONS IN THE PARENTAL INVOLVEMENT IN THEIR CHILDREN'S EDUCATION ACT, SO AS TO PROVIDE PARENTS ARE EXPECTED TO BE THE PRIMARY SOURCE OF THE EDUCATION OF THEIR CHILDREN REGARDING MORALS, ETHICS, AND CIVIC RESPONSIBILITY, AND TO PROVIDE A PARENTAL PLEDGE OF EXPECTATIONS MUST BE PROVIDED TO PARENTS AS PART OF THE REGISTRATION AND ENROLLMENT PROCESS.
Ordered for consideration tomorrow.
Rep. HIXON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
H. 3312 (Word version) -- Reps. Haddon, Hixon, Forrest, Trantham, Chumley and Cobb-Hunter: A JOINT RESOLUTION TO CREATE THE "CHILD FOOD AND NUTRITION SERVICES STUDY COMMITTEE" TO DEVELOP RECOMMENDATIONS FOR TRANSFERRING ADMINISTRATION OF CERTAIN FEDERAL CHILD FOOD AND NUTRITION PROGRAMS IN THIS STATE TO THE DEPARTMENT OF AGRICULTURE, TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE, TO REQUIRE THE STUDY COMMITTEE PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE DISSOLUTION OF THE STUDY COMMITTEE.
Ordered for consideration tomorrow.
Rep. HIXON, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
H. 3538 (Word version) -- Reps. Hixon, Nutt and Haddon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 50-11-546, RELATING TO ELECTRONIC HARVEST REPORTING, SO AS TO INCLUDE REFERENCES TO BIG GAME SPECIES; AND BY AMENDING SECTION 50-9-1120, RELATING TO THE POINT SYSTEM FOR VIOLATIONS, SO AS TO MAKE CONFORMING CHANGES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 3392 (Word version) -- Rep. M. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 17 AND MELROSE DRIVE IN CHARLESTON COUNTY "DEPUTY SHERIFF JEREMY CHRISTOPHER LADUE MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THESE WORDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3849 (Word version) -- Reps. Ott, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF WILLIE JENNINGS OF ORANGEBURG COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced: H. 3850 (Word version) -- Reps. Caskey, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROHAN ATULKUMAR PATEL WHO IMMIGRATED TO THE UNITED STATES FROM HIS NATIVE INDIA AND TO CONGRATULATE HIM ON BECOMING A LEGAL CITIZEN OF THE UNITED STATES OF AMERICA.
The Resolution was adopted.
The following was introduced:
H. 3851 (Word version) -- Reps. M. M. Smith, B. L. Cox, Davis, Pace, 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, Crawford, Cromer, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR SIQI FANG, A STUDENT AT HANAHAN MIDDLE SCHOOL, AND TO CONGRATULATE HER AMAZING ACADEMIC ABILITY THAT
ENABLED HER TO WIN THE 2023 BERKELEY COUNTY SCHOOL DISTRICT SPELLING BEE.
The Resolution was adopted.
The following was introduced:
H. 3852 (Word version) -- Reps. S. Jones, Gilliam, Willis, McCravy and Gagnon: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE ROTARY CLUB OF LAURENS FOR ITS SERVICE TO IMPROVE THE HUMAN CONDITION IN THE LAURENS COMMUNITY AND AROUND THE WORLD AND TO CELEBRATE WITH ITS MEMBERS UPON THEIR CENTENNIAL ANNIVERSARY.
The Resolution was adopted.
The following was introduced: H. 3853 (Word version) -- Reps. McDaniel, Pendarvis, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE SISTERS OF THE IOTA CHI CHAPTER OF DELTA SIGMA THETA SORORITY, INC., AT THE UNIVERSITY OF SOUTH CAROLINA, TO CONGRATULATE THEM UPON THE CHAPTER'S GOLDEN ANNIVERSARY OF PUBLIC SERVICE, AND TO DECLARE FEBRUARY 17, 2023 IOTA CHI DAY IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 3854 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE IN AIKEN COUNTY LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 20 AND BETTIS ACADEMY ROAD "STATE REPRESENTATIVE IRENE KRUGMAN RUDNICK MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3855 (Word version) -- Rep. Ott: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 61-12-80 SO AS TO PROVIDE THAT A SINGLE COUNTY AGENCY SHALL RECEIVE CERTAIN SUBSTANCE ABUSE AND TREATMENT BLOCK GRANT FUNDS.
Referred to Committee on Ways and Means
H. 3856 (Word version) -- Reps. Howard, Weeks, Erickson, Mitchell, Gilliam, Kilmartin, B. J. Cox, Brittain, Sessions, O'Neal, West, Leber, Pedalino, Lawson, Vaughan, Pope, McGinnis, Hardee, Nutt, Brewer, Connell, Guest, Guffey, Hager, Jordan, Lowe, Murphy, Pendarvis and Wheeler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-3-340 SO AS TO PROVIDE WHEN PERSONS DIAGNOSED WITH ALZHEIMER'S DISEASE OR DEMENTIA ARE REPORTED MISSING, THE STATE LAW ENFORCEMENT DIVISION MUST SEND WIRELESS EMERGENCY ALERT NOTIFICATIONS TO LAW ENFORCEMENT AGENCIES AND THE PUBLIC REGARDING THE MISSING PERSONS.
Referred to Committee on Judiciary
H. 3857 (Word version) -- Rep. McGinnis: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-103-15, RELATING TO CATEGORIES OF INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THEIR RESPECTIVE MISSIONS, SO AS TO ADD A NEW CATEGORY FOR DOCTORAL/PROFESSIONAL UNIVERSITIES AND PROVIDE THEIR RELATED MISSIONS.
Referred to Committee on Education and Public Works
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine 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 Hayes 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 J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Willis Wooten Yow
The SPEAKER PRO TEMPORE granted Rep. HARTNETT a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. HENDERSON-MYERS a leave of absence for the day due to family medical reasons.
The SPEAKER PRO TEMPORE granted Rep. BAMBERG a leave of absence for the day due to a prior commitment.
Rep. CROMER presented to the House the Wren High School Lady Hurricanes 2022 3-A Volleyball State Champions.
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. 3006 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3008 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3022 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3032 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3033 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3072 (Word version)
Date: ADD:
02/01/23 J. MOORE
Bill Number: H. 3096 (Word version)
Date: ADD:
02/01/23 HARRIS
Bill Number: H. 3115 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3118 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3119 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3161 (Word version)
Date: ADD:
02/01/23 B. J. COX, A. M. MORGAN, T. A. MORGAN and ELLIOTT
Bill Number: H. 3253 (Word version)
Date: ADD:
02/01/23 J. MOORE
Bill Number: H. 3279 (Word version)
Date: ADD:
02/01/23 THAYER, FORREST, OREMUS and BALLENTINE
Bill Number: H. 3394 (Word version)
Date: ADD:
02/01/23 M. M. SMITH and DAVIS
Bill Number: H. 3414 (Word version)
Date: ADD:
02/01/23 M. M. SMITH
Bill Number: H. 3448 (Word version)
Date: ADD:
02/01/23 CALHOON, LANDING, WEST, GAGNON, THAYER, CASKEY, GATCH and LONG
Bill Number: H. 3472 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3476 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3503 (Word version)
Date: ADD:
02/01/23 PEDALINO, WILLIS and W. NEWTON
Bill Number: H. 3509 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3510 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3529 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3539 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3549 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3551 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3553 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3554 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3555 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3557 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3558 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3566 (Word version)
Date: ADD:
02/01/23 HIXON and LANDING
Bill Number: H. 3567 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3574 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3583 (Word version)
Date: ADD:
02/01/23 VAUGHAN
Bill Number: H. 3593 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3619 (Word version)
Date: ADD:
02/01/23 W. NEWTON
Bill Number: H. 3698 (Word version)
Date: ADD:
02/01/23 VAUGHAN and TRANTHAM
Bill Number: H. 3728 (Word version)
Date: ADD:
02/01/23 LANDING
Bill Number: H. 3747 (Word version)
Date: ADD:
02/01/23 ALEXANDER
Bill Number: H. 3774 (Word version)
Date: ADD:
02/01/23 CHAPMAN
Bill Number: H. 3823 (Word version)
Date: ADD:
02/01/23 G. M. SMITH
Bill Number: H. 3830 (Word version)
Date: ADD:
02/01/23 SANDIFER, VAUGHAN and TRANTHAM
Bill Number: H. 3737 (Word version)
Date: REMOVE:
02/01/23 ALEXANDER
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 3122 (Word version) -- Reps. J. E. Johnson and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 1-7-730 RELATING TO THE EXAMINATION OF THE OFFICES OF COUNTY OFFICERS.
H. 3209 (Word version) -- Reps. Jordan, Murphy, Brewer, Williams, Henegan and Alexander: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENTAL APPROVALS AFFECTING ECONOMIC DEVELOPMENT WITHIN THE STATE. H. 3614 (Word version) -- Reps. Ott, Sandifer, West, Blackwell, Kirby, Caskey, Ballentine and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "RATE PAYER PROTECTION ACT"; BY ADDING SECTION 8-27-70 SO AS TO PROVIDE DEFINITIONS; BY ADDING SECTION 8-27-80 SO AS TO PROHIBIT A PUBLIC UTILITY FROM TAKING ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE WHO REPORTED WRONGDOING BY THE PUBLIC UTILITY TO THE OFFICE OF REGULATORY STAFF; AND BY ADDING SECTION 8-27-90 SO AS TO PROVIDE REMEDIES IF A PUBLIC UTILITY TAKES ADVERSE EMPLOYMENT ACTION AGAINST AN EMPLOYEE WHO REPORTED WRONGDOING.
H. 3605 (Word version) -- Reps. G. M. Smith, Sandifer, Carter, Kirby, Oremus, Magnuson, Pace, Long, Elliott, Burns, May, Beach, Forrest, Blackwell, B. Newton, Caskey and Ligon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 40-1-80, RELATING TO INVESTIGATIONS OF LICENSEES, SO AS TO REQUIRE THE DIRECTOR TO SEND INFORMATION REGARDING AN INVESTIGATION TO THE LICENSEE; BY ADDING SECTION 40-1-85 SO AS TO ESTABLISH INFORMAL CONFERENCES; BY AMENDING SECTION 40-1-90, RELATING TO DISCIPLINARY ACTION PROCEEDINGS, SO AS TO ALLOW A LICENSEE TO REQUEST CERTIFICATION OF AN INVESTIGATION FROM THE DIRECTOR; AND BY AMENDING SECTION 40-1-140, RELATING TO EFFECT OF PRIOR CRIMINAL CONVICTIONS OF APPLICANTS, SO AS TO PROHIBIT THE DENIAL OF A LICENSE BASED SOLELY OR IN PART ON A PRIOR CRIMINAL CONVICTION IN CERTAIN CIRCUMSTANCES.
The following Bill was taken up: S. 381 (Word version) -- Senators Peeler, Verdin, Alexander, Martin and Malloy: A BILL TO RATIFY AN AMENDMENT TO SECTION 36(A), ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND, SO AS TO INCREASE FROM FIVE TO SEVEN PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE GENERAL RESERVE FUND; AND TO RATIFY AN AMENDMENT TO SECTION 36(B) OF ARTICLE III, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO INCREASE FROM TWO TO THREE PERCENT THE AMOUNT OF STATE GENERAL FUND REVENUE IN THE LATEST COMPLETED FISCAL YEAR REQUIRED TO BE HELD IN THE CAPITAL RESERVE FUND AND TO PROVIDE THAT THE FIRST USE OF THE CAPITAL RESERVE FUND MUST BE TO OFFSET MIDYEAR BUDGET REDUCTIONS.
Rep. BANNISTER explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Clyburn Cobb-Hunter Collins B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Erickson Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones Jordan King Kirby Landing Lawson Leber Ligon Long Magnuson McCabe McCravy McDaniel McGinnis Mitchell T. Moore A. M. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Williams Wooten Yow
Those who voted in the negative are:
Kilmartin
So, the Bill was read the second time and ordered to third reading.
The motion period was dispensed with on motion of Rep. TAYLOR.
The following Bill was taken up: H. 3503 (Word version) -- Reps. Gilliam, Pope, Taylor, Chumley, Haddon, McCravy, Oremus, Hiott, Burns, Wooten, Hixon, Bailey, Caskey, Thayer, Trantham, Forrest, Yow, S. Jones, Sessions, Guffey, Lawson, Chapman, Leber, O'Neal, Vaughan, Robbins, B. J. Cox, M. M. Smith, Davis, Brewer, Murphy, Whitmire, Ligon, Felder, Mitchell, Hager, Connell, Carter, West, Calhoon, B. Newton, Neese, Landing, Blackwell, Pedalino, Willis and W. Newton: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-190, RELATING TO SCHEDULE I SUBSTANCES, SO AS TO ADD FENTANYL-RELATED SUBSTANCES; BY AMENDING SECTION 44-53-370, RELATING TO PROHIBITED ACTS AND PENALTIES, SO AS TO ADD AN OFFENSE FOR TRAFFICKING IN FENTANYL; AND BY AMENDING SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN FENTANYL.
The Committee on Judiciary proposed the following Amendment No. 1 to H.3503 (LC-3503.SA0002H):
Amend the bill, as and if amended, SECTION 1, Section 44-53-190(B)(48), by striking subitem (e) and inserting:
(e) replacement of the N propionyl group by another acyl group or hydrogen.
Amend the bill further, SECTION 2, by striking Section 44-53-370(e)(9) and inserting:
(9) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as "trafficking in fentanyl" and, upon conviction, must be punished as follows if the quantity involved is:
(a) four grams or more, but less than fourteen grams:
1. for a first offense, a term of imprisonment of not more than twenty years and a fine of fifty thousand dollars;
2. for a second or subsequent offense, a term of imprisonment of not more than twenty-five years and a fine of one hundred thousand dollars;
(b) fourteen grams or more but less than twenty-eight grams, a term of imprisonment of not more than twenty-five years and a fine of two hundred thousand dollars;
(c) twenty-eight grams or more, a term of imprisonment of not more than thirty years and a fine of two hundred thousand dollars.
Renumber sections conform.
Amend title to conform.
Rep. J. E. JOHNSON moved to adjourn debate on the amendment, which was agreed to.
Rep. J. E. JOHNSON proposed the following Amendment No. 2 to H.3503 (LC-3503.SA0017H), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 44-53-190(B)(48), by striking subitem (e) and inserting:
(e) replacement of the N propionyl group by another acyl group or hydrogen.
Amend the bill further, SECTION 2, by striking Section 44-53-370(e)(9) and inserting:
(9) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as "trafficking in fentanyl" and, upon conviction, must be punished as follows if the quantity involved is:
(a) four grams or more, but less than fourteen grams:
1. for a first offense, a term of imprisonment of not less than ten years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
2. for a second or subsequent offense, a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(b) fourteen grams or more but less than twenty-eight grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;
(c) twenty-eight grams or more, a mandatory term of imprisonment of not less than twenty-five years nor more than forty years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars;
Renumber sections conform.
Amend title to conform.
Rep. J. E. JOHNSON explained the amendment.
Rep. J. E. JOHNSON spoke in favor of the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. WOOTEN spoke in favor of the amendment.
Rep. RUTHERFORD spoke against the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Rep. Josiah Magnuson
I would like the Journal to reflect that by voice vote, I voted against Amendment No. 2 for H.3503, calling for mandatory sentencing minimums. Mandatory minimums have been largely ineffectual at deterring crime and limits the flexibility of a judge to sentence justly, especially for first-time offenders.
Rep. Rob Harris
Rep. RUTHERFORD proposed the following Amendment No. 3 to H.3503 (LC-3503.SA0010H), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 2 and SECTION 3.
Amend the bill further, by adding an appropriately numbered SECTION read:
SECTION X. Section 44-53-370(e) of the S.C. Code is amended by adding an item to read:
(9) powdered fentanyl or powdered fentanyl related substance as defined in Section 44-53-10 or Section 44-53-210, that is at least twenty percent pure fentanyl, is guilty of a felony and, upon conviction, must be punished as follows if the quantity involved is:
(a) less that fifteen milligrams, guilty of possession with intent to distribute, dispense, or deliver fentanyl or fentanyl related substance, and upon conviction, is subject to a term of imprisonment of up to five years;
(b) fifteen milligrams but less than fifty milligrams, guilty of trafficking in fentanyl, and upon conviction, is subject to a term of imprisonment of up to fifteen years;
(c) fifty milligrams but less than one hundred milligrams, guilty of trafficking in fentanyl and upon conviction, is subject to a term of imprisonment of up to twenty-five years;
(d) one hundred milligrams or more, guilty of trafficking in fentanyl and upon conviction, is subject to a term of imprisonment of up to thirty years.
Renumber sections to conform.
Amend title to conform.
Rep. RUTHERFORD explained the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. RUTHERFORD continued speaking.
Rep. J. E. JOHNSON moved to table the amendment, which was agreed to, by a division vote of 64 to 33.
Rep. TEDDER proposed the following Amendment No. 4 to H.3503 (LC-3503.VR0014H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION read:
SECTION X. Article 3, Chapter 53, Title 44 of the S.C. Code is amended by adding:
Section 44-53-125. The Drug Analysis Department of the State Law Enforcement Division must provide the results of any sample submitted by a law enforcement agency to determine the presence, identity, aggregate quantity, or absence of a controlled substance no later than sixty days from the day the sample is submitted. If the results of the analysis are not provided within the time period required by this section, any criminal charges relating to the sample must be dismissed and expunged.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER explained the amendment.
Rep. J. E. JOHNSON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Landing Leber Ligon Long McGinnis Mitchell T. Moore Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Beach Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Harris Hart Hayes Henegan Hosey Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Lawson Magnuson May McCabe McCravy McDaniel J. Moore A. M. Morgan Ott Pendarvis Rivers Rose Rutherford Tedder Thigpen Weeks Wetmore Wheeler White Williams
The Committee on Judiciary proposed the following Amendment
No. 1 to H.3503 (LC-3503.SA0002H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 44-53-190(B)(48), by striking subitem (e) and inserting:
(e) replacement of the N propionyl group by another acyl group or hydrogen.
Amend the bill further, SECTION 2, by striking Section 44-53-370(e)(9) and inserting:
(9) four grams or more of any fentanyl or fentanyl-related substance, as described in Section 44-53-190 or 44-53-210, or four grams or more of any mixture containing fentanyl or any fentanyl-related substance, is guilty of a felony which is known as "trafficking in fentanyl" and, upon conviction, must be punished as follows if the quantity involved is:
(a) four grams or more, but less than fourteen grams:
1. for a first offense, a term of imprisonment of not more than twenty years and a fine of fifty thousand dollars;
2. for a second or subsequent offense, a term of imprisonment of not more than twenty-five years and a fine of one hundred thousand dollars;
(b) fourteen grams or more but less than twenty-eight grams, a term of imprisonment of not more than twenty-five years and a fine of two hundred thousand dollars;
(c) twenty-eight grams or more, a term of imprisonment of not more than thirty years and a fine of two hundred thousand dollars.
Renumber sections conform.
Amend title to conform.
Rep. J. E. JOHNSON moved to table the amendment, which was agreed to.
Rep. STAVRINAKIS spoke against the Bill.
Rep. ROSE spoke against the Bill.
Rep. POPE spoke in favor of the Bill.
Rep. GILLIAM spoke in favor of the Bill.
Rep. MAGNUSON spoke in favor of the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Caskey Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Erickson Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson J. L. Johnson S. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Trantham Vaughan Weeks West Wetmore Wheeler White Whitmire Willis Wooten Yow
Alexander Anderson Cobb-Hunter Dillard Garvin Gilliard Hart Henegan Hosey Howard Jefferson W. Jones King McDaniel J. Moore Pendarvis Rivers Rutherford Tedder Thigpen Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. TAYLOR moved that the House do now adjourn, which was agreed to.
At 12:20 p.m. the House, in accordance with the motion of Rep. CRAWFORD, adjourned in memory of Nancy Childs, to meet at 10:00 a.m. tomorrow.
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