Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Micah 4:1: "In days to come the mountain of the Lord's house shall be established as the highest of the mountains and shall be raised up above the hills. People shall stream to it, and many nations shall come and say: Come, let us go to the mountain of the Lord, to the house of the God of Jacob."
Let us pray. Loving God, we are in awe of Your goodness and mercy that blesses us with the gifts of life. How majestic is Your name in all the earth. Bless and keep these Representatives and Staff close as they do the work of the people of this State. Look in favor upon those first responders as they give of their time to keep us safe. Let Your light shine on our World, Nation, President, State, Governor, Speaker, Staff, and all who give of their time and effort to the work of this State. May Your blessings be with our Armed Forces as they keep us safe. 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. WOOTEN moved that when the House adjourns, it adjourn in memory of Curtis Melvin Loftis, Sr., which was agreed to.
The House stood in silent prayer for Representative Henderson-Myers and her family.
The House stood in silent prayer for the family of Curtis Melvin Loftis, Sr.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report on:
H. 3774 (Word version) -- Reps. McCravy, G. M. Smith, Hiott, W. Newton, Pope, Yow, M. M. Smith, Hardee, J. E. Johnson, Hixon, Bustos, Erickson, Landing, Davis, Crawford, B. L. Cox, Connell, Vaughan, Ligon, T. Moore, Moss, Lawson, Hyde, Leber, B. J. Cox, Wooten, Whitmire, Long, Gagnon, Bradley, Herbkersman, Nutt, Mitchell, B. Newton, Jordan, Brewer, Murphy, Gilliam, Willis, Blackwell, Elliott, Guest, Oremus, Felder, Chapman and Haddon: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "HUMAN LIFE PROTECTION ACT"; BY ADDING ARTICLE 7 TO CHAPTER 41, TITLE 44 SO AS TO BAN ABORTIONS IN THIS STATE, TO PROVIDE FOR EXCEPTIONS TO THE BAN ON ABORTIONS, TO PROTECT THE USE OF CONTRACEPTIVES AND ALTERNATIVE REPRODUCTIVE TECHNOLOGIES, TO PROVIDE PENALTIES, TO PROVIDE A CIVIL CAUSE OF ACTION FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE, TO PROVIDE THAT A WOMAN CANNOT BE PROSECUTED FOR HAVING AN ABORTION, TO PROVIDE THAT PHYSICIANS OR OTHER LICENSED PROFESSIONALS SHALL LOSE THEIR LICENSE FOR VIOLATIONS OF THIS ARTICLE, AND TO PROVIDE THAT A WOMAN'S NAME MAY REMAIN ANONYMOUS IN PROCEEDINGS INITIATED PURSUANT TO THIS ARTICLE; BY ADDING SECTION 44-41-90 SO AS TO PROVIDE THAT THE STATE HEALTH INSURANCE PROGRAM MAY NOT PAY FOR ABORTIONS, TO PROHIBIT STATE FUNDS FROM BEING USED FOR THE PURCHASE OF FETAL TISSUE OR FETAL REMAINS OBTAINED FROM AN ABORTION, AND TO DEFUND PLANNED PARENTHOOD; BY ADDING SECTION 63-17-325 SO AS TO REQUIRE A BIOLOGICAL FATHER TO PAY CHILD SUPPORT BEGINNING AT CONCEPTION; BY ADDING SECTION 38-71-146 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HMO POLICIES TO COVER CONTRACEPTIVES; BY REQUIRING THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY TO COVER PRESCRIBED CONTRACEPTIVES FOR DEPENDENTS; BY AMENDING SECTION 44-41-710, RELATING TO CONSTRUCTION AND APPLICATION OF THIS ARTICLE, SO AS TO REMOVE LANGUAGE RELATED TO IMPLICIT REPEAL; BY AMENDING SECTION 44-41-480, RELATING TO CONSTRUCTION AGAINST IMPLICIT REPEAL OF EXISTING LAW, SO AS TO REMOVE LANGUAGE RELATED TO IMPLICIT REPEAL; BY REPEALING SECTION 44-41-20 RELATING TO LEGAL ABORTIONS; BY AMENDING SECTION 44-41-70, RELATING TO PROMULGATION OF RULES AND REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO DELETE A REFERENCE TO SECTION 44-41-20; AND BY PROVIDING AN UNCONDITIONAL RIGHT TO INTERVENE IN CHALLENGES TO THIS ACT BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
The following was introduced:
H. 3897 (Word version) -- Reps. Robbins, Cobb-Hunter, Murphy, Brewer, Gatch, Jefferson and Tedder: A HOUSE RESOLUTION TO CONGRATULATE MATTIE MIRIAM KIZER MIZZELL OF DORCHESTER COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced: H. 3898 (Word version) -- Reps. Brewer, Nutt, Robbins, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, 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, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE PROFESSIONAL ENGINEERS WHO LIVE AND WORK IN THE GREAT STATE OF SOUTH CAROLINA, TO ENCOURAGE ALL SOUTH CAROLINIANS TO HONOR OUR ENGINEERS FOR THEIR MANY CONTRIBUTIONS TO THE PALMETTO STATE'S QUALITY OF LIFE, AND TO DECLARE WEDNESDAY, FEBRUARY 22, 2023, AS "PROFESSIONAL ENGINEERS DAY" IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced: H. 3899 (Word version) -- Reps. Hiott, 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, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pedalino, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE PICKENS HIGH SCHOOL GIRLS GOLF TEAM, COACHES, AND SCHOOL OFFICIALS FOR A STELLAR SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2022 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.
The Resolution was adopted.
The following was introduced:
H. 3900 (Word version) -- Reps. Pedalino, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Cobb-Hunter, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, S. Jones, W. Jones, Jordan, Kilmartin, King, Kirby, Landing, Lawson, Leber, Ligon, Long, Lowe, Magnuson, May, McCabe, McCravy, McDaniel, McGinnis, Mitchell, J. Moore, T. Moore, A. M. Morgan, T. A. Morgan, Moss, Murphy, Neese, B. Newton, W. Newton, Nutt, O'Neal, Oremus, Ott, Pace, Pendarvis, Pope, Rivers, Robbins, Rose, Rutherford, Sandifer, Schuessler, Sessions, G. M. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Vaughan, Weeks, West, Wetmore, Wheeler, White, Whitmire, Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR ROBERT A. PEGRAM, JR., CHIEF OF THE CLARENDON COUNTY FIRE RESCUE, UPON THE OCCASION OF HIS RETIREMENT AFTER ALMOST THREE DECADES OF OUTSTANDING SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced: H. 3901 (Word version) -- Reps. Elliott, Bannister, Beach, Burns, Chumley, Collins, B. J. Cox, Dillard, Haddon, W. Jones, A. M. Morgan, T. A. Morgan, Trantham, Vaughan, West and Willis: A HOUSE RESOLUTION TO RECOGNIZE THE REEDY REELS FILM FESTIVAL IN GREENVILLE TO BE HELD FEBRUARY 17-19, 2023, TO HONOR THOSE WHO ORGANIZE, SPONSOR, VOLUNTEER, AND PARTICIPATE IN THE FESTIVAL, AND TO EXPRESS APPRECIATION FOR ITS MISSION TO PROMOTE INDEPENDENT FILM IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 3902 (Word version) -- Reps. Cobb-Hunter, Alexander, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bauer, Beach, Bernstein, Blackwell, Bradley, Brewer, Brittain, Burns, Bustos, Calhoon, Carter, Caskey, Chapman, Chumley, Clyburn, Collins, Connell, B. J. Cox, B. L. Cox, Crawford, Cromer, Davis, Dillard, Elliott, Erickson, Felder, Forrest, Gagnon, Garvin, Gatch, Gibson, Gilliam, Gilliard, Guest, Guffey, Haddon, Hager, Hardee, Harris, Hart, Hartnett, Hayes, 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 CONCURRENT RESOLUTION TO DECLARE APRIL 28, 2023, AS "WORKERS' MEMORIAL DAY" IN SOUTH CAROLINA IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 496 (Word version) -- Senator McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE FEBRUARY 16, 2023 AS "WORLD CHOLANGIOCARCINOMA AWARENESS DAY" IN SOUTH CAROLINA.
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. 3903 (Word version) -- Reps. Kirby and Gatch: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 31-1-900 SO AS TO ESTABLISH THE HEIRS' PROPERTY COMMISSION TO ADDRESS THE LEGAL AND ECONOMIC ISSUES ASSOCIATED WITH HEIRS' PROPERTY, TO PROVIDE FOR MEMBERSHIP OF THE COMMISSION, TO PROVIDE FOR REPORTING REQUIREMENTS OF THE COMMISSION, AND TO PROVIDE FOR THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY TO CHAIR THE COMMISSION, AND FOR THE AGENCY TO PROVIDE ADMINISTRATIVE SUPPORT TO THE COMMISSION.
Referred to Committee on Judiciary
H. 3904 (Word version) -- Reps. Rutherford, Cobb-Hunter, Clyburn, Williams, Rivers, Dillard, Henegan, King, Garvin, Tedder, Bamberg, Alexander, Anderson, Rose, W. Jones, Jefferson, J. Moore, Pendarvis and Bauer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-53-370, RELATING TO PROHIBITED ACTS AND PENALTIES, SO AS TO PROVIDE FOR CERTAIN OFFENSES AND PUNISHMENTS FOR THE POSSESSION OF CERTAIN POWDERED FENTANYL.
Referred to Committee on Judiciary
H. 3905 (Word version) -- Reps. Hixon and Clyburn: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 6-13-920, RELATING TO THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO PROVIDE FOR FILLING A BOARD VACANCY FOR PHYSICAL OR MENTAL INCAPACITATION OR NONATTENDANCE; AND BY AMENDING SECTION 6-13-1010, RELATING TO PENALTIES FOR INJURING OR DESTROYING FACILITIES OF THE EDGEFIELD COUNTY WATER AND SEWER AUTHORITY, SO AS TO INCREASE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3906 (Word version) -- Reps. McCabe, Cobb-Hunter, W. Newton and Henegan: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 62-3-1203 AND 62-3-1204, BOTH RELATING TO SMALL ESTATES, SO AS TO INCREASE THE LIMIT OF A SMALL ESTATE.
Referred to Committee on Judiciary
H. 3907 (Word version) -- Reps. Ligon, Felder, B. Newton and O'Neal: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 26-1-100, RELATING TO FEES FOR NOTARIAL ACTS, SO AS TO INCREASE THE MAXIMUM FEES THAT NOTARIES MAY CHARGE FOR NOTARIAL ACTS TO TEN DOLLARS.
Referred to Committee on Judiciary
H. 3908 (Word version) -- Reps. Collins, G. M. Smith, Bannister, Erickson, Whitmire, Felder, Bernstein, Ott, Haddon, W. Newton, Carter, Elliott, Crawford, Ballentine and Caskey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 8-11-151 SO AS TO DEFINE TERMS AND TO PROVIDE PAID PARENTAL LEAVE UPON THE BIRTH OF A CHILD OR INITIAL LEGAL PLACEMENT OF A FOSTER CHILD FOR ELIGIBLE SCHOOL DISTRICT EMPLOYEES; AND BY ADDING SECTION 8-11-156 SO AS TO DEFINE TERMS AND TO PROVIDE PAID PARENTAL LEAVE UPON THE INITIAL LEGAL PLACEMENT OF A CHILD BY ADOPTION FOR ELIGIBLE SCHOOL DISTRICT EMPLOYEES.
Referred to Committee on Ways and Means
H. 3909 (Word version) -- Reps. Haddon, Burns, B. J. Cox, A. M. Morgan, T. A. Morgan, Willis, Chumley, Elliott, Bannister and W. Jones: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 57-3-640, RELATING TO DRIVEWAYS AND ROADS IN STATE PARKS, SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION SHALL NOT INSTALL CURB CUTS OR OTHER ACCESS POINTS TO PARIS MOUNTAIN STATE PARK ALONG ALTAMONT ROAD IN GREENVILLE COUNTY.
Referred to Committee on Education and Public Works
H. 3910 (Word version) -- Reps. J. E. Johnson, Crawford, Bailey, Brittain, McGinnis, Hardee, Schuessler and Guest: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-71-48 SO AS TO REQUIRE ALL HEALTH INSURANCE PLANS OFFERED BY INDIVIDUAL AND GROUP HEALTH INSURERS, HEALTH MAINTENANCE ORGANIZATIONS, AND THE STATE HEALTH PLAN TO CAP AN INSURED'S MONTHLY COST-SHARING OBLIGATION FOR COVERED PRESCRIPTION INSULIN DRUGS.
Referred to Committee on Labor, Commerce and Industry
H. 3911 (Word version) -- Reps. Wetmore, Dillard, Bauer, Henegan, Williams, Garvin, King, Bernstein, Cobb-Hunter, Alexander, Anderson, Rose, Stavrinakis, Bamberg, Pendarvis and Rutherford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "REPRODUCTIVE FREEDOM BILL OF RIGHTS ACT"; BY ADDING CHAPTER 140 TO TITLE 44 SO AS TO PROVIDE THAT A WOMAN MAY HAVE AN ABORTION PRIOR TO THE VIABILITY OF HER EMBRYO OR FETUS, TO PROVIDE FOR THE CIRCUMSTANCES IN WHICH A WOMAN MAY HAVE AN ABORTION AFTER THE VIABILITY OF HER FETUS, TO PROVIDE FOR THE PROCESS THROUGH WHICH A MINOR MAY HAVE AN ABORTION, TO PROVIDE THAT ASSISTIVE REPRODUCTIVE TECHNOLOGIES AND CONTRACEPTIVES SHALL BE AVAILABLE IN SOUTH CAROLINA, TO PROVIDE THAT PREGNANT WOMEN ARE ENTITLED TO QUALITY PRENATAL AND POSTNATAL HEALTH CARE, AND TO EXPAND MEDICAID TO FACILITATE THE DELIVERY OF QUALITY PRENATAL AND POSTNATAL HEALTH CARE; BY AMENDING SECTION 40-47-37, RELATING TO THE PRACTICE OF TELEMEDICINE, SO AS TO PERMIT DOCTORS TO PRESCRIBE ABORTION-INDUCING DRUGS VIA TELEMEDICINE; BY ADDING SECTION 38-71-48 SO AS TO PROVIDE THAT HEALTH INSURANCE POLICIES THAT PROVIDE PREGNANCY AND CHILD BIRTH COVERAGE MUST ALSO OFFER COVERAGE FOR ABORTIONS AND RELATED SERVICES AND MEDICAL PROCEDURES INTENDED TO PERMANENTLY PREVENT PREGNANCY INCLUDING, BUT NOT LIMITED TO, TUBAL LIGATION, HYSTERECTOMY, AND VASECTOMY; BY ADDING SECTION 38-71-49 SO AS TO PROVIDE THAT HEALTH INSURANCE POLICIES MUST OFFER COVERAGE FOR ASSISTIVE REPRODUCTIVE TECHNOLOGIES; BY AMENDING SECTION 59-32-10, RELATING TO COMPREHENSIVE HEALTH EDUCATION PROGRAM-DEFINED TERMS, SO AS TO CHANGE CERTAIN DEFINITIONS; AND BY REPEALING CHAPTER 41 OF TITLE 44 RELATING TO ABORTION.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris 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 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 Yow
The SPEAKER granted Rep. CASKEY a leave of absence for the day.
The SPEAKER granted Rep. HARTNETT a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. HENDERSON-MYERS a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. ERICKSON a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. THAYER a temporary leave of absence.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
The SPEAKER granted Rep. BAMBERG a temporary leave of absence.
Announcement was made that Dr. Jeffrey Paul Cashman of Spartanburg was the Doctor of the Day for the General Assembly.
Rep. COLLINS presented to the House the Easley High School 2022 AAAA Competitive Cheer 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:
02/08/23 S. JONES and MCGINNIS
Bill Number: H. 3022 (Word version)
Date: ADD:
02/08/23 S. JONES and MCGINNIS
Bill Number: H. 3109 (Word version)
Date: ADD:
02/08/23 DILLARD
Bill Number: H. 3121 (Word version)
Date: ADD:
02/08/23 BAUER, DAVIS and M. M. SMITH
Bill Number: H. 3142 (Word version)
Date: ADD:
02/08/23 GILLIARD, KING, HENEGAN, WILLIAMS, MCDANIEL, ALEXANDER, CLYBURN, HOSEY, COBB-HUNTER, JEFFERSON, ANDERSON and KIRBY
Bill Number: H. 3222 (Word version)
Date: ADD:
02/08/23 CARTER
Bill Number: H. 3280 (Word version)
Date: ADD:
02/08/23 O'NEAL, FELDER, GUFFEY and SESSIONS
Bill Number: H. 3340 (Word version)
Date: ADD:
02/08/23 KING
Bill Number: H. 3431 (Word version)
Date: ADD:
02/08/23 S. JONES
Bill Number: H. 3432 (Word version)
Date: ADD:
02/08/23 S. JONES
Bill Number: H. 3438 (Word version)
Date: ADD:
02/08/23 S. JONES
Bill Number: H. 3445 (Word version)
Date: ADD:
02/08/23 S. JONES and MCGINNIS
Bill Number: H. 3447 (Word version)
Date: ADD:
02/08/23 GUEST, CRAWFORD, O'NEAL, GUFFEY, NUTT, HADDON, LOWE, HIXON, B. NEWTON, NEESE, POPE, YOW, KILMARTIN, VAUGHAN, A. M. MORGAN, T. A. MORGAN and S. JONES
Bill Number: H. 3473 (Word version)
Date: ADD:
02/08/23 DAVIS and LEBER
Bill Number: H. 3486 (Word version)
Date: ADD:
02/08/23 M. M. SMITH
Bill Number: H. 3516 (Word version)
Date: ADD:
02/08/23 GILLIARD, WILLIAMS, HENEGAN, HOSEY, COBB-HUNTER, JEFFERSON, ANDERSON and KIRBY
Bill Number: H. 3529 (Word version)
Date: ADD:
02/08/23 MCGINNIS
Bill Number: H. 3549 (Word version)
Date: ADD:
02/08/23 HADDON, WILLIS and MCCABE
Bill Number: H. 3566 (Word version)
Date: ADD:
02/08/23 GILLIAM
Bill Number: H. 3577 (Word version)
Date: ADD:
02/08/23 GILLIARD, KING, MCDANIEL, HENEGAN, WILLIAMS, ALEXANDER, HOSEY, COBB-HUNTER, JEFFERSON, ANDERSON and KIRBY
Bill Number: H. 3590 (Word version)
Date: ADD:
02/08/23 KING, GILLIARD, MCDANIEL, HENEGAN, WILLIAMS, HOSEY, COBB-HUNTER, JEFFERSON, ANDERSON and KIRBY
Bill Number: H. 3594 (Word version)
Date: ADD:
02/08/23 BUSTOS
Bill Number: H. 3687 (Word version)
Date: ADD:
02/08/23 YOW, MCDANIEL, ROSE and FORREST
Bill Number: H. 3695 (Word version)
Date: ADD:
02/08/23 FELDER, O'NEAL, MCCRAVY, NUTT, GAGNON, DAVIS, M. M. SMITH and LEBER
Bill Number: H. 3728 (Word version)
Date: ADD:
02/08/23 LONG, BURNS and T. A. MORGAN
Bill Number: H. 3786 (Word version)
Date: ADD:
02/08/23 DAVIS
Bill Number: H. 3822 (Word version)
Date: ADD:
02/08/23 WHITE, S. JONES and KILMARTIN
Bill Number: H. 3832 (Word version)
Date: ADD:
02/08/23 WHITE, S. JONES and KILMARTIN
Bill Number: H. 3864 (Word version)
Date: ADD:
02/08/23 GUEST
Bill Number: H. 3870 (Word version)
Date: ADD:
02/08/23 M. M. SMITH and DAVIS
Bill Number: H. 3515 (Word version)
Date: REMOVE:
02/08/23 WHITE
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
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.
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.
H. 3518 (Word version) -- Reps. Felder and Williams: 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.
H. 3312 (Word version) -- Reps. Haddon, Hixon, Forrest, Trantham, Chumley, Cobb-Hunter and Williams: 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.
H. 3538 (Word version) -- Reps. Hixon, Nutt, Haddon, Kirby and Forrest: 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.
Rep. MAGNUSON asked unanimous consent to recall H. 3022 (Word version) from the Committee on Judiciary.
Rep. MURPHY objected.
The motion period was dispensed with on motion of Rep. FORREST.
The following Bill was taken up: H. 3728 (Word version) -- Reps. Felder, A. M. Morgan, Leber, Magnuson, Haddon, Harris, Taylor, S. Jones, Landing, McCravy, Lowe, Jordan, Bradley, Herbkersman, Bannister, W. Newton, Elliott, B. J. Cox, Willis, Hewitt, West, Long, Burns and T. A. Morgan: 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.
Rep. WEEKS moved to recommit the Bill to the Committee on Education and Public Works.
Rep. LONG moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Gilliard Hart Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the motion to recommit the Bill was tabled.
Rep. WEEKS moved to adjourn debate on the Bill until Wednesday, March 1.
Rep. A. M. MORGAN moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Connell B. J. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Trantham Vaughan West Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Hart Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Sessions Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the motion to adjourn debate was tabled.
Rep. HART moved to table the Bill.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bauer Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Sessions Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Wooten Yow
So, the House refused to table the Bill.
Rep. OTT raised the Point of Order under Rule 5.13 the Fiscal Impact Statement to H. 3728 (Word version) was out of order because it did not contain all the information requested from various agencies.
The SPEAKER stated that Rule 5.13 requires a fiscal impact statement to be attached to the Bill, but the rule does not mandate specific information be included in the statement. The SPEAKER stated he had researched the issue and found three similar points of order from April 20, 2022, March 6, 2019 and January 26, 2011, where similar points were raised. He stated that former Speakers ruled that nothing in the House Rules mandates specific information or a specific level of adequacy or accuracy of the fiscal impact statement. The question of adequacy of the fiscal impact statement is a policy question that the House can discuss in debate. The SPEAKER stated that a fiscal impact statement was attached to the bill, and he overruled the Point of Order.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3728 (Word version) (LC-3728.WAB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(1) and inserting:
(1) all students learn in a positive learning environment where they are made to feel welcomed, supported, respected, and free from discrimination;
Amend the bill further, SECTION 2, by striking Section 59-29-620(B) and inserting:
(B) Library and media center material, both printed and electronically accessible, must be age appropriate and grade appropriate. Determination of the appropriateness of materials should be guided by criteria established by the State Board of Education.
Amend the bill further, SECTION 2, by striking Section 59-29-620(D)(2) and (3) and inserting:
(2) the fact-based discussion of controversial aspects of history or current events; or
(3) the fact-based instruction on the historical oppression of a particular group of people based on race, sex, ethnicity, class, nationality, religion, or geographic region.
Amend the bill further, SECTION 2, by striking Section 59-29-630(3) and inserting:
(3) a brief description of the prohibited concept at issue and the context in which it was
allegedly included or promoted that is in violation of Section 59-29-620;
Amend the bill further, SECTION 2, by striking Section 59-29-630(8) and (9) and inserting:
(8) the approximate date on which the prohibited concept was included or promoted;
(9) location, either physical or virtual, of the printed or electronically available material; and
(10) known prior attempts to discuss an alleged violation with the individual alleged to have included or prompted the prohibited concept.
Amend the bill further, SECTION 2, by striking Section 59-29-640(C) and inserting:
(C) An LEA shall work collaboratively with parents, teachers, and other employees to resolve concerns and complaints. At any point after a complaint is filed but before the LEA has issued a final written determination, the parties may reach an early resolution of an allegation through a resolution agreement, which shall include any agreed upon terms of the early resolution. Once a complaint is submitted, it must be confidential and not accessible to the public until a decision has been rendered. An LEA is not required to complete its investigation or issue a final written determination once it has entered a resolution agreement with the complainant.
Amend the bill further, SECTION 2, by striking Section 59-29-640(J) and inserting:
(J) Pending the issuance of a final order by the State Board in a proceeding pursuant to this section, no preliminary information gathered by the department concerning misconduct reasonably believed to constitute grounds for disciplinary action, including the name and certificate number of the certified educator, may be disclosed.
Amend the bill further, SECTION 2, by striking Section 59-29-640(L) and inserting:
(L) If the State Board determines the LEA knowingly violated Section 59-29-620 or the LEA fails to adhere to the corrective action plans, the department may withhold up to five percent of a LEA's funds appropriated as part of the State Aid Classrooms, and the board may initiate action to suspend or revoke the educator certificate of the responsible LEA staff pursuant to Section 59-25-160.
Amend the bill further, SECTION 2, by striking Section 59-29-670 and inserting:
Section 59-29-670. A school may not accept teaching materials or technology which contains an application, link, or other access to pornographic or other prohibited materials. A school district that receives or distributes such materials must receive disciplinary action as stated in the complaint process. Pornography is defined as printed or visual material containing the explicit description or display of sexual organs or activity intended to stimulate erotic rather than aesthetic or emotional feelings.
Amend the bill further, SECTION 3, by striking Section 59-28-180(14)(B) and inserting:
(B) During the annual school registration process or whenever a student is registered in a school, the school shall provide each parent who enrolls a child in the school a printed "Pledge of Parental Expectations" that the State Department of Education shall develop, in which a parent may affirmatively commit to meeting the expectations outlined in subsection (A). The school shall encourage parents to sign the pledge and emphasize its importance during any orientation or open house events. Any parent that elects not to sign the pledge may not be prohibited from participation in any parental groups within the school.
(C) The intent of this section is to foster parental involvement and shall not be construed as a mandate on parents that could subject them to retaliation or sanctions from teachers, schools, LEAs or the State Board of Education.
Renumber sections to conform.
Amend title to conform.
Rep. BRADLEY explained the amendment.
Rep. HIOTT moved cloture on the entire matter, which was agreed to.
Rep. KING spoke against the amendment.
Rep. KING continued speaking.
The amendment was then adopted by a division vote of 73 to 17.
Reps. HIOTT and MCCRAVY proposed the following Amendment No. 3 to H. 3728 (Word version) (LC-3728.WAB0006H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-650(A) and inserting:
(A) Beginning with the 2024-2025 School Year and each school year thereafter, each LEA prominently shall post information regarding curriculum and instructional materials on the school district website at least seven days prior to the start of classes. If any curriculum or instructional materials are added to a class or course after the start of each semester, the LEA shall post the information on the school district at least three days prior to the added curriculum being taught. The information must indicate the materials used by school, grade or course, and subject matter, and must include:
(1) a listing of the approved textbook for every course offered in the district;
(2) a link to statewide academic standards;
(3) relevant district policies concerning curriculum development and academic transparency;
(4) a process for which parents may review and contest instructional materials and library and media center materials being used; and (5) a process by which parents may withdraw their student from any specific instruction or presentation that that the parent, in the parent's sole discretion, objects to their student receiving. For any child who does not attend any instruction or presentation pursuant to this subsection, the school:
(a) shall provide to the student alternative educational instruction that furthers the completion of any grade level or graduation requirements and does not include any of the objectionable content; and
(b) shall not impose an academic or other penalty upon the student.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY explained the amendment.
Rep. MCDANIEL spoke against the amendment.
Rep. RUTHERFORD raised the Point of Order that Amendment No. 3 was not shown on the overhead projector screen for a long enough time for the members to understand what is being explained and that the Body was not properly informed.
The SPEAKER PRO TEMPORE stated that the House Rules did not require the amendments to be on the overhead projector screen and that members should refer to their Laptop Computers for the full language of the amendments. He overruled the Point of Order.
The question then recurred to the adoption of Amendment No. 3.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis T. Moore A. M. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Dillard Felder Garvin Gilliard Hart Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Williams
So, the amendment was adopted.
Rep. MCCRAVY proposed the following Amendment No. 4 to H. 3728 (Word version) (LC-3728.WAB0003H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(C) and inserting:
(C) A student, administrator, teacher, staff member, other school or district employee, or volunteer shall not be required to attend any instruction, training, or presentation that has the goal or purpose of studying, exploring, or informing attendees about gender roles or stereotypes, gender identity, gender expression, sexual orientation, or romantic or sexual relationships unless it is prescribed as part of a corrective action plan pursuant to Section 59-29-630. No student shall attend any instruction, training, or presentation including these topics unless the school has received written permission from the student's parent.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY explained the amendment.
Rep. KING spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Felder Garvin Gilliard Hart Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Weeks Wetmore Williams
So, the amendment was adopted.
Reps. TRANTHAM, HIOTT, G.M. SMITH, HADDEN, MCCRAVY, LONG, PACE, BEACH, MAGNUSON, CRAWFORD, BURNS, CHUMLEY, CROMER, WOOTEN, LAWSON, OREMUS, THAYER, VAUGHN and FORREST proposed the following Amendment No. 5 to H. 3728 (Word version) (LC-3728.WAB0050H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 5, Chapter 1, Title 59 of the S.C. Code is amended by adding:
Section 59-1-415. (A) (1) Public schools shall provide a reasonable accommodation to any person who: (a) for any reason, is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person's sex and located within a public school building, or multi-occupancy sleeping quarters while attending a public school-sponsored activity, and
(b) requests a reasonable accommodation to the public school.
(2) Reasonable accommodations may include but are not limited to access to a single-occupancy restroom or changing facility, or use of an employee restroom or changing facility. A reasonable accommodation shall not include access to a restroom or changing facility that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
(3) Nothing in this section shall be construed to prohibit public schools from adopting policies necessary to accommodate persons protected under the Americans with Disabilities Act or young children in need of physical assistance when using restrooms or changing facilities located in public schools.
(4) Nothing in this section shall be construed to prohibit public schools from authorizing a person to enter a facility designated for the opposite sex:
(a) for custodial or maintenance purposes, when the facility is not occupied by a member of the opposite sex;
(b) to render emergency medical assistance; or
(c) during a natural disaster, emergency, or when necessary to prevent a serious threat to good order or student safety.
(B) There is a private cause of action that any parent or guardian may bring against a school district for any violation of this section. An action under this section may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies. A parent or guardian who successfully asserts a claim against a school district under this section may recover declaratory relief, injunctive relief, and reasonable attorneys' fees and costs.
(C) For purposes of this section:
(1) "Changing facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.
(2) "Public school" has the same meaning as in Section 59-1-120 and does not include private schools, religious schools, and home schools.
(3) "Restroom" means a facility that includes one or more toilets or urinals.
(4) "Sex" means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth. Evidence of a person's sex includes but is not limited to any government-issued identification document that accurately identifies a person's sex.
Renumber sections to conform.
Amend title to conform.
Rep. TRANTHAM explained the amendment.
Rep. KING raised the Point of Order that Amendment No. 5 was not germane to H. 3728 (Word version).
The SPEAKER PRO TEMPORE sustained the Point of Order.
Rep. MAGNUSON proposed the following Amendment No. 6 to
H. 3728 (Word version) (LC-3728.PH0037H), which was ruled out of order:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X. Title 63 of the S.C. Code is amended by adding:
CHAPTER 23
Families' Rights and Responsibilities Act
Section 63-23-10. For the purposes of the chapter:
(1) "Child" means a person under the age of eighteen.
(2) "Parent" means any biological parent, adoptive parent, step parent, legal guardian, or person with legal custody that has not been terminated by a court order.
(3) "Substantial burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the right of a parent to direct the upbringing, education, health care, and mental health of that parent's child or compels any action contrary to the right of a parent to direct the upbringing, education, health care, and mental health of that parent's child. It includes, but is not limited to, withholding benefits, assessing criminal, civil, or administrative penalties or damages, or exclusion from governmental programs.
Section 63-23-20. (A) The liberty of a parent to direct the upbringing, education, health care, and mental health of that parent's child is a fundamental right. (B) This State, any political subdivision of this State, or any other governmental entity shall not substantially burden the fundamental right of a parent to direct the upbringing, education, health care, and mental health of that parent's child without demonstrating that the burden is required by a compelling governmental interest of the highest order as applied to the parent and the child and is the least restrictive means of furthering that compelling governmental interest.
Section 63-23-30. (A) South Carolina recognizes that parents have the responsibility to direct the upbringing, education, health care, and mental health of that parent's child. To fulfill that responsibility, the State recognizes that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from this State, any political subdivision of this State, any other governmental entity, or any other institution including, without limitation, the following rights and responsibilities:
(1) to direct the education of the child, including the right to choose public, private, religious, or home schools;
(2) to make reasonable choices within public schools for the education of the child including, but not limited to, the right to participate in the children's school activities and extracurricular activities as provided in Sections 59-1-454 and 63-15-260;
(3) to access and review all school records relating to the child, including the rights provided in Sections 63-5-30 and 63-15-260;
(4) to direct the upbringing of the child;
(5) to direct the moral or religious training of the child;
(6) to make and consent in writing to all physical and mental health care decisions for the child;
(7) to access and review all medical records of the child, including the rights provided in Sections 63-5-30 and 63-15-260;
(8) to consent in writing before a biometric scan of the child is made, shared, or stored;
(9) to consent in writing before any record of the child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, unless authorized pursuant to a court order;
(10) to consent in writing before any governmental entity makes a video or voice recording of the child, unless the video or voice recording is made during or as a part of:
(a) a court proceeding;
(b) a law enforcement investigation;
(c) a forensic interview in a criminal or Department of Social Services investigation;
(d) the security or surveillance of buildings or grounds; or
(e) a photo identification card; (11) to be notified promptly if an employee of this State, any political subdivision of this State, any other governmental entity, or any other institution suspects that abuse, neglect, or any criminal offense has been committed against the child by someone other than a parent, unless the incident has first been reported to law enforcement and notification of the parent would impede a law enforcement or Department of Social Services investigation.
(B) This section does not authorize or allow a parent to abuse or neglect a child as defined in Section 63-7-20. This section does not apply to a parental action or decision that would end life. This section does not prohibit a court from issuing an order that is otherwise permitted by law.
(C) No employee of this State, any political subdivision of this State, or any other governmental entity, except for law enforcement personnel, shall encourage or coerce a child to withhold information from the child's parent. Nor shall any such employee withhold from a child's parent information that is relevant to the physical, emotional, or mental health of the child. Such conduct is grounds for discipline of the employee, in addition to any other remedies provided to a parent under this chapter.
Section 63-23-40. (A) Each local school board of trustees, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the schools within the school district, which shall be made publicly available. This policy shall include:
(1) a plan for participation of parents in the schools which is designed to improve parent and teacher cooperation in such areas as homework, attendance, and discipline;
(2) procedures by which a parent may learn about the course of study for that parent's child and review all educational and learning materials, including the source of any supplemental educational materials, no less than thirty days before the materials are taught or presented;
(3) procedures by which a parent who objects to any specific instruction or presentation on the basis that it is harmful may withdraw that parent's child from the instruction or presentation. Objection to a specific instruction or presentation on the basis that it is harmful includes, but it is not limited to, objection to a material or activity because it questions beliefs or practices regarding sex, morality, or religion; (4) procedures to notify a parent in advance and obtain the parent's written consent before the parent's child attends any instruction or presentation concerning reproductive health, family life, and pregnancy prevention pursuant to Section 59-32-50 or any instruction or presentation that has the goal or purpose of studying, exploring, or informing students about gender roles or stereotypes, gender identity, gender expression, sexual orientation, or romantic or sexual relationships, and by which a parent may withdraw that parent's child from any such instruction or presentation to which the parent subsequently objects;
(5) procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school and may withdraw that parent's child from any club or extracurricular activities to which the parent objects; and
(6) procedures by which a parent may learn about parental rights and responsibilities under the laws of this State.
(B) A local school board of trustees may adopt a policy to provide to parents the information required by this section in an electronic form.
(C) A parent may submit a written or electronic request for information pursuant to this section to either the school principal or the superintendent of the school district. Within ten days of receiving the request for information, the school principal or the superintendent shall either deliver the requested information to the parent or submit to the parent a written explanation of the reasons for the denial of the requested information. If the request for information is denied or the parent does not receive the requested information within fifteen days after submitting the request for information, the parent may submit a written request for the information to the local school board of trustees, which shall formally consider the request at the next scheduled public meeting of the board if the request can be properly noticed on the agenda. If the request cannot be properly noticed on the agenda, the local school board of trustees shall formally consider the request at the subsequent public meeting of the board.
Section 63-23-50. (A) Except as otherwise provided by law or court order, any person, corporation, association, organization, state supported institution, state agency, political subdivision of the State, or individual employed by any of these entities must obtain the consent of a parent of a child before taking any of the following actions:
(1) procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing surgical procedures upon a child;
(2) procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a physical examination upon a child;
(3) prescribing or dispensing any medication or prescription drugs to a child; (4) administering a vaccination, immunization, or biologic to a child; or
(5) procuring, soliciting to perform, arranging for the performance of, providing a referral for, or performing a mental health evaluation in a clinical or nonclinical setting or mental health treatment on a child.
(B) If the parental consent pursuant to subsection (A) is given through telemedicine, the person or entity obtaining parental consent must verify the identity of the parent at the site where the consent is given.
(C) The provisions of this section shall not apply when it has been determined by a physician that:
(1) an emergency exists; and
(2) either of the following conditions is true:
(a) it is necessary to perform an activity listed in subsection (A) in order to prevent death or imminent, irreparable physical injury to the child; or
(b) a parent of the child cannot be located or contacted after a reasonably diligent effort.
(D) The provisions of this section do not apply to an abortion, which shall be governed by Chapter 41, Title 44.
Section 63-23-60. (A) A parent may bring suit for any violation of this chapter and may raise the chapter as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
(B) Notwithstanding any other provision of law, an action under this chapter may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(C) Any person who successfully asserts a claim or defense under this chapter may recover declaratory relief, injunctive relief, compensatory damages, reasonable attorneys' fees and costs, and any other appropriate relief; provided, however, that compensatory damages are not available against a private person who is not acting in an official capacity as a representative of the state government.
(D) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability created by this chapter. Section 63-23-70. (A) Unless those rights have been legally waived or legally terminated, parents have inalienable rights that are more comprehensive than those listed in this section. The protections of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child afforded by this chapter are in addition to the protections provided under federal law, state law, and the state and federal constitutions.
(B) This chapter shall be construed in favor of a broad protection of the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(C) Nothing in this chapter shall be construed to authorize any government to burden the fundamental right of parents to direct the upbringing, education, health care, and mental health of their child.
(D) If a child has no affirmative right of access to a particular medical treatment, then nothing in this chapter shall be construed to grant that child's parent an affirmative right of access to that treatment on that child's behalf.
(E) State statutory law adopted after the date of the enactment of this chapter is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.
SECTION X. Section 59-28-160 (6) and (7) of the S.C. Code is amended to read:
(6) require an annual briefing on district and school parental involvement programs including findings from state and local evaluations on the success of the district and schools' efforts; and
(7) include parental involvement expectations as part of the superintendent's evaluation; and
(8) comply with the requirements of Section 63-23-40.
SECTION X. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. STAVRINAKIS raised the Point of Order that Amendment No. 6 was not germane to H. 3728 (Word version).
Rep. MAGNUSON spoke against the Point.
The SPEAKER PRO TEMPORE overruled the Point of Order.
Rep. HART raised the point of order that Amendment No. 6 was dilatory.
The SPEAKER PRO TEMPORE sustained the Point of Order and ruled the Amendment to be dilatory.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 7 to H. 3728 (Word version) (LC-3728.WAB0027H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(A)(2), (3), (4), (5), (6), and (7) and inserting:
(2) an individual should be discriminated against or receive adverse treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual;
(3) the moral character of an individual is determined by the race, sex, ethnicity, religion, color, or national origin of the individual;
(4) an individual, by virtue of the race or sex of the individual, bears responsibility for actions committed in the past by other members of the same race, sex, ethnicity, religion, color, or national origin;
(5) meritocracy or traits such as a hard work ethic:
(a) are racist, sexist, belong to the principles of one religion; or
(b) were created by members of a particular race, sex, or religion to oppress members of another race, sex, ethnicity, color, national origin or religion; and
(6) fault, blame, or bias should be assigned to race, sex, ethnicity, religion, color, or national origin, or to members of a race, sex, ethnicity, religion, color, or national origin because of their race, sex, ethnicity, religion, color, or national origin.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hart Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Jefferson J. L. Johnson W. Jones Kirby McDaniel Pendarvis Rivers Rose Rutherford Tedder Thigpen Williams
So, the amendment was tabled.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of amendments.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The following Concurrent Resolution was read:
The PRESIDENT recognized Senator Rankin, on behalf of the Screening Committee for the Judicial Screening Committee.
The PRESIDENT announced that nominations were in order for a Supreme Court Judge, Seat 4.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that the Honorable David Garrison "Gary" Hill, the Honorable Aphrodite Konduros, and the Honorable Stephanie Pendarvis McDonald had been screened and found qualified. Sen. Rankin stated that the Honorable Aphrodite Konduros and the Honorable Stephanie Pendarvis McDonald had withdrawn from the race, and placed the name of the remaining candidate, the Honorable David Garrison, "Gary" Hill in nomination.
Sen. Rankin moved that nominations be closed and the Joint Assembly proceed with a vote.
Rep. BANNISTER moved that with unanimous consent, the Members of the House vote by electronic roll call on all requested roll call votes.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for David Garrison "Gary" Hill:
Adams Alexander Allen Bennett Campsen Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Grooms Hembree Hutto Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey McElveen Peeler Rankin Reichenbach Rice Sabb Scott Setzler Stephens Talley Turner Verdin Williams Young
The following named Senators voted against David Garrison "Gary" Hill:
Jackson Matthews McLeod Senn
The following named Representatives voted for David Garrison "Gary" Hill:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chumley Clyburn Cobb-Hunter Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Long Lowe McCabe McGinnis Mitchell T. Moore 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 M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten
The following named Representatives voted against David Garrison "Gary" Hill:
Beach Harris Magnuson McDaniel
Total number of Senators voting 37
Total number of Representatives voting 103
Grand Total 140
Necessary to a choice 0
Of which David Garrison "Gary" Hill received 140
Whereupon, the PRESIDENT announced that the Honorable David Garrison "Gary" Hill was duly elected for the term prescribed by law.
I voted in favor of David Garrison "Gary" Hill during the vote for Supreme Court, Seat 4; however, I had intended to abstain and would like for the Journal to reflect that.
Rep. April Cromer
I was temporarily out of the Chamber on constituent business during the vote on Supreme Court, Seat 4. If I had been present, I would have voted in favor of David Garrison "Gary" Hill.
Rep. Don Chapman
I was temporarily out of the Chamber on constituent business during the vote on Supreme Court, Seat 4. If I had been present, I would have voted in favor of David Garrison "Gary" Hill.
Rep. Jordan Pace
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 1.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that the Honorable Blake A. Hewitt had been screened, found qualified, and placed his name in nomination.
On the motion of Sen. Rankin, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Blake A. Hewitt was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Court of Appeals Judge, Seat 2.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Whitney B. Harrison, the Honorable Grace Gilchrist Knie, and the Honorable Letitia H. Verdin had been screened and found qualified.
Sen. Rankin stated that Whitney B. Harrison and the Honorable Grace Gilchrist Knie had withdrawn from the race, and placed the name of the remaining candidate, the Honorable Letitia H. Verdin, in nomination.
Sen. Rankin moved that nominations be closed and that, with unanimous consent, the vote be taken by acclamation.
Rep. MAGNUSON objected.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Letitia H. Verdin:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Young
The following named Representatives voted for Letitia H. Verdin:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Cobb-Hunter Connell B. J. Cox B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Harris 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 Lowe 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 Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten
Total number of Senators voting 44
Total number of Representatives voting 115
Grand Total 159
Necessary to a choice 0
Of which Letitia H. Verdin received 159
Whereupon, the PRESIDENT announced that the Honorable Letitia H. Verdin was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, Fifteenth Judicial Circuit, Seat 1.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Amanda A. Bailey and B. Alex Hyman had been screened and found qualifed.
Sen. Rankin stated that Amanda A. Bailey had withdrawn from the race, and placed the name of the remaining candidate, B. Alex Hyman, in nomination.
Sen. Rankin moved that nominations be closed and that, with unanimous consent, the vote be taken by acclamation.
Rep. MAGNUSON objected.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for B. Alex Hyman:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Representatives voted for B. Alex Hyman:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Cobb-Hunter Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Long Lowe McCabe McCravy McDaniel McGinnis Mitchell T. Moore 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 M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten
The following named Representatives voted against B. Alex Hyman:
Beach Cromer Harris S. Jones Kilmartin Magnuson A. M. Morgan T. A. Morgan Pace
Total number of Senators voting 45
Total number of Representatives voting 105
Grand Total 150
Necessary to a choice 0
Of which B. Alex Hyman received 150
Whereupon, the PRESIDENT announced that B. Alex Hyman was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 3.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Patrick C. Fant III, Doward Keith Karvel Harvin, and S. Boyd Young had been screened and found qualified.
Sen. Rankin stated that Doward Keith Karvel Harvin and S. Boyd Young had withdrawn from the race, and placed the name of the remaining candidate, Patrick C. Fant III, in nomination.
Sen. Rankin moved that nominations be closed and that, with unanimous consent, the vote be taken by acclamation.
Rep. MAGNUSON objected.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Patrick C. Fant III:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Representatives voted for Patrick C. Fant III:
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 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 Lowe 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 Pendarvis Pope Rivers Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Wheeler Whitmire Williams Willis Wooten
Total number of Senators voting 45
Total number of Representatives voting 116
Grand Total 161
Necessary to a choice 0
Of which Patrick C. Fant III received 161
Whereupon, the PRESIDENT announced that Patrick C. Fant III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, First Judicial Circuit Seat 3.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Mandy W. Kimmons and Margie A. Pizarro had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Mandy W. Kimmons:
Adams Alexander Bennett Campsen Climer Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Johnson, Michael Kimbrell Massey McElveen Peeler Rankin Senn Setzler Shealy Talley Turner Young
The following named Senators voted for Margie A. Pizarro:
Allen Cash Cromer Davis Fanning Jackson Johnson, Kevin Kimpson Malloy Martin Matthews McLeod Rice Sabb Scott Stephens Williams
The following named Representatives voted for Mandy W. Kimmons:
Atkinson Ballentine Bamberg Bannister Bernstein Blackwell Bradley Brewer Brittain Calhoon Chapman Collins Connell Crawford Davis Elliott Forrest Gagnon Gatch Guest Guffey Hager Hardee Hayes Herbkersman Hewitt Hixon Hyde J. E. Johnson Jordan Landing Lawson Leber Ligon Lowe McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton Ott Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor West Wetmore Wheeler Whitmire Wooten Yow
The following named Representatives voted for Margie A. Pizarro:
Alexander Anderson Bauer Beach Bustos Carter Chumley Clyburn Cobb-Hunter Cromer Dillard Felder Garvin Gibson Gilliam Gilliard Harris Hart Henegan Hiott Hosey Howard Jefferson J. L. Johnson S. Jones W. Jones Kilmartin King Kirby Magnuson May McCabe McCravy McDaniel O'Neal Pace Pendarvis Rivers Rose Rutherford Tedder Thigpen Trantham Vaughan Weeks White Williams
Total number of Senators voting 41
Total number of Representatives voting 107
Grand Total 148
Necessary to a choice 75
Of which Mandy W. Kimmons received 84
Of which Margie A. Pizarro received 64
Whereupon, the PRESIDENT announced that Mandy W. Kimmons was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Twelfth Judicial Circuit, Seat 1. Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Philip B. Atkinson and Alicia A. Richardson had been screened, found qualified, and placed their names in nomination.
Sen. Rankin stated that Philip B. Atkinson had withdrawn from the race and placed the name of the remaining candidate, Alicia A. Richardson, in nomination.
Sen. Rankin moved that nominations be closed and that, with unanimous consent, the vote be taken by acclamation.
Rep. MAGNUSON objected.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Alicia A. Richardson:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Gustafson Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Representatives voted for Alicia A. Richardson:
Alexander Anderson Atkinson Ballentine Bamberg Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox B. L. Cox Crawford Davis Dillard Elliott Felder Forrest Gagnon Garvin Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe 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 Pedalino Pendarvis Pope Rivers Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Wheeler Whitmire Williams Wooten
Total number of Senators voting 45
Total number of Representatives voting 107
Grand Total 152
Necessary to a choice 0
Of which Alicia A. Richardson received 152
Whereupon, the PRESIDENT that Alicia A. Richardson was duly elected for the term prescribed by law.
I was temporarily out of the Chamber on constituent business during the vote on Family Court Judge, Twelfth Judicial Circuit, Seat 1. If I had been present, I would have voted in favor of Alicia A. Richardson.
Rep. Don Chapman
The PRESIDENT announced that nominations were in order for a Family Court Judge, Seat 7.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that the Honorable Thomas T. Hodges had been screened, found qualified, and placed his name in nomination.
On the motion of Sen. Rankin, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Thomas T. Hodges was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for a Family Court Judge, Seat 8.
Sen. Rankin, on behalf of the Judicial Screening Committee, stated that the Honorable Rosalyn Frierson-Smith had been screened, found qualified, and placed his name in nomination.
On the motion of Sen. Rankin, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Rosalyn Frierson-Smith was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for an Administrative Law Court Judge, Seat 5. Sen. Rankin, on behalf of the Judicial Screening Committee, stated that Stephanie N. Lawrence and the Honorable Crystal Rookard had been screened, found qualified, and placed their names in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Stephanie N. Lawrence:
Cromer Fanning Goldfinch Hembree Hutto Jackson Johnson, Kevin Malloy Matthews McLeod Rankin Sabb Scott Senn Setzler Stephens
The following named Senators voted for Crystal Rookard:
Adams Alexander Allen Bennett Campsen Cash Climer Davis Gambrell Garrett Grooms Gustafson Johnson, Michael Kimpson Loftis Massey McElveen Peeler Rice Shealy Talley Turner Verdin Williams Young
The following named Representatives voted for Stephanie N. Lawrence:
Alexander Anderson Ballentine Bannister Bauer Bernstein Brewer Brittain Clyburn Connell B. J. Cox Garvin Gatch Hardee Hart Hayes Henegan Hosey Jefferson J. L. Johnson Kirby Leber McDaniel Mitchell Murphy B. Newton W. Newton O'Neal Ott Pendarvis Robbins Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler
The following named Representatives voted for Crystal Rookard:
Atkinson Beach Blackwell Bradley Burns Bustos Calhoon Carter Chapman Chumley Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Gibson Gilliam Gilliard Guest Guffey Haddon Hager Harris Herbkersman Hewitt Hiott Hixon Howard Hyde J. E. Johnson S. Jones W. Jones Jordan Kilmartin King Landing Lawson Ligon Long Lowe Magnuson T. Moore A. M. Morgan T. A. Morgan Moss Neese Nutt Oremus Pace Pedalino Rivers Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Trantham Vaughan West White Whitmire Williams Willis Wooten
Total number of Senators voting 41
Total number of Representatives voting 109
Grand Total 150
Necessary to a choice 76
Of which Stephanie N. Lawrence received 54
Of which Crystal Rookard received 96
Whereupon, the PRESIDENT that the Honorable Crystal Rookard was duly elected for the term prescribed by law.
The following Concurrent Resolution was read: H. 3703 (Word version) -- Reps. Whitmire, King, McGinnis and Rose: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 1, 2023, AS THE TIME TO ELECT 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 A MEMBER 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 A MEMBER 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.
The PRESIDENT recognized Rep. WHITMIRE, on behalf of the Joint Screening Commission.
ONE AT-LARGE SEAT
The PRESIDENT announced that nominations were in order for the one At-Large Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Benjamin D. Dixon, Dylan W. Goff and Kara Irvin had been screened and found qualified.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Benjamin D. Dixon had withdrawn from the race, and placed the name of the remaining candidates, Dylan W. Goff and Kara Irvin, in nomination.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Dylan W. Goff:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Fanning Gambrell Garrett Goldfinch Grooms Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Loftis Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Senators voted for Kara Irvin:
The following named Representatives voted for Dylan W. Goff:
Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Collins Connell B. J. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Gilliard Guest Haddon Hager Hardee Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson S. Jones W. Jones Jordan Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pope Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thigpen Trantham Vaughan Weeks West Wetmore White Whitmire Williams Willis Wooten Yow
The following named Representatives voted for Kara Irvin:
Total number of Senators voting 41
Total number of Representatives voting 97
Grand Total 138
Necessary to a choice 70
Of which Dylan W. Goff received 138
Of which Kara Irvin received 0
Whereupon, the PRESIDENT announced that Dylan W. Goff was duly elected for the term prescribed by law.
THREE AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for the one At-Large Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Patricia H. McAbee, John N. McCarter, Sharka Marie Prokes, and Joseph D. Swann had been screened and found qualified.
The Reading Clerk of the Senate called the roll of the Senate, and the Senators voted viva voce as their names were called.
The following named Senators voted for Patricia H. McAbee:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Senators voted for John N. McCarter:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Senators voted for Sharka Marie Prokes:
The following named Senators voted for Joseph D. Swann:
Adams Alexander Allen Bennett Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Garrett Goldfinch Grooms Hembree Hutto Jackson Johnson, Kevin Johnson, Michael Kimbrell Kimpson Malloy Martin Massey Matthews McElveen McLeod Peeler Rankin Reichenbach Rice Sabb Scott Senn Setzler Shealy Stephens Talley Turner Verdin Williams Young
The following named Representatives voted for Patricia H. McAbee:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Clyburn Cobb-Hunter Collins Connell B. J. Cox Crawford Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan King Kirby Landing Lawson Leber Ligon Lowe McCabe McDaniel McGinnis Mitchell T. Moore Moss Murphy Neese B. Newton W. Newton O'Neal Ott Pedalino Pendarvis Pope Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Whitmire Williams Willis Wooten Yow
The following named Representatives voted for John N. McCarter:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Beach Bernstein Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Clyburn Cobb-Hunter Collins Connell B. J. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Guffey Haddon Hager Hardee Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan Kilmartin Kirby Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McDaniel McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pendarvis Pope Robbins Rose Rutherford Sandifer Schuessler Sessions G. M. Smith Stavrinakis Taylor Tedder Thigpen Trantham Vaughan Weeks West Wetmore Whitmire Williams Willis Wooten Yow
The following named Representatives voted for Sharka Marie Prokes:
Beach Burns Bustos Chumley Cromer Gibson Gilliam Harris Kilmartin Long Magnuson May McCabe McCravy A. M. Morgan T. A. Morgan Nutt Oremus Pace Trantham White
The following named Representatives voted for Joseph D. Swann:
Alexander Anderson Atkinson Bailey Ballentine Bannister Bauer Bernstein Blackwell Bradley Brewer Brittain Burns Calhoon Carter Chapman Chumley Clyburn Collins Connell B. J. Cox Crawford Cromer Davis Dillard Elliott Felder Forrest Gagnon Garvin Gatch Gilliard Guest Guffey Haddon Hager Hardee Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson J. E. Johnson J. L. Johnson W. Jones Jordan Kilmartin King Kirby Landing Lawson Leber Ligon Long Lowe McDaniel McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pedalino Pendarvis Pope Rose Rutherford Sandifer Schuessler Sessions G. M. Smith Taylor Tedder Thigpen Vaughan Weeks West Wetmore Whitmire Williams Willis Wooten Yow
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 0
Of which Patricia H. McAbee received 137
Of which John N. McCarter received 149
Of which Sharka Marie Prokes received 21
Of which Joseph D. Swann received 139
Whereupon, the PRESIDENT announced that Patricia H. McAbee, John N. McCarter, and Joseph D. Swann were duly elected for the term prescribed by law.
AT-LARGE, SEAT 8
The PRESIDENT announced that nominations were in order for the At-Large, Seat 8.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Robert A. Barber, Jr., had been screened, found qualified, and placed his name in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Robert A. Barber, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 9.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that James C. Shuber had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that James C. Shubert was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 10.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Peggy Makins had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Peggy Makins was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 11.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Donald H. Scott had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Donald H. Scott was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 12.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that DeWitt B. Stone, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that DeWitt B. Stone, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 13.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Raymond D. Hunt, Sr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Raymond D. Hunt, Sr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 14.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Marcia T. Hydrick had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Marcia T. Hydrick was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the At-Large, Seat 15. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that John E. Craig, Jr., had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John E. Craig, Jr., was duly elected for the term prescribed by law.
FIRST JUDICIAL CIRCUIT
The PRESIDENT announced that nominations were in order for the First Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Charles H. Williams had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Charles H. Williams was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Third Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that C. Dorn Smith III had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that C. Dorn Smith III was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Fifth Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Alexander English had been screened, found qualified, and placed his name in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Alexander English was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Seventh Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that D. Benjamin Graves, Henry L. Jolly, Jr., and J. Patrick Anderson had been screened, found qualified.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that D. Benjamin Graves and J. Patrick Anderson had withdrawn from the race and placed the name of the remaining candidate, Henry L. Jolly, Jr., in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Henry L. Jolly, Jr., was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Ninth Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that John C. von Lehe had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that John C. von Lehe was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Eleventh Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that Thad H. Westbrook had been screened, found qualified, and placed his name in nomination. On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Thad H. Westbrook was duly elected for the term prescribed by law.
February 8, 2023
Charles Reid
Clerk of the House of Representatives
Dear Mr. Reid,
While there is no ethical conflict of interest, I recuse myself from voting on the following candidate for the University of South Carolina Board of Trustees: Thad H. Westbrook, 11th Circuit
Candidate Westbrook gave a contribution to my House campaign in the past. Please note this in the House Journal for February 8, 2023.
Sincerely,
Rep. Brandon Guffey
February 8, 2023
Charles Reid
Clerk of the House of Representatives
Dear Mr. Reid,
While there is no ethical conflict of interest, I recuse myself from voting on the following candidate for the University of South Carolina Board of Trustees: Thad H. Westbrook, 11th Circuit
Candidate Westbrook gave a contribution to my House campaign in the past. Please note this in the House Journal for February 8, 2023.
Sincerely,
Rep. Val Guest
The PRESIDENT announced that nominations were in order for the Twelfth Judicial Circuit Seat. Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that C. Edward Floyd had been screened, found qualified, and placed his name in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that C. Edward Floyd was duly elected for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Thirteenth Judicial Circuit Seat.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that D. Hollis Felkel II, C. Brody Glenn, and Reid T. Sherard had been screened, found qualified.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that D. Hollis Felkel II and C. Brody Glenn had withdrawn from the race and placed the name of the remaining candidate, Reid T. Sherard, in nomination.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that Reid T. Sherard was duly elected for the term prescribed by law.
TWO AT-LARGE SEATS
The PRESIDENT announced that nominations were in order for the two At-Large Seats.
Rep. WHITMIRE, on behalf of the Joint Screening Commission, stated that J. Blake Lindsey and Marilyn E. Taylor had been screened and found qualified.
On the motion of Rep. WHITMIRE, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.
Whereupon, J. Blake Lindsey and Marilyn E. Taylor were duly elected for the term prescribed by law.
I was present for all judicial races today. However, I did not cast votes in the races because I will not vote for judges I know nothing about.
Rep. Richie Yow
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 1:37 p.m. the House resumed, the SPEAKER in the Chair.
On motion of Rep. G. M. SMITH the House stood at ease subject to the call of the Chair.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of amendments: H. 3728 (Word version) -- Reps. Felder, A. M. Morgan, Leber, Magnuson, Haddon, Harris, Taylor, S. Jones, Landing, McCravy, Lowe, Jordan, Bradley, Herbkersman, Bannister, W. Newton, Elliott, B. J. Cox, Willis, Hewitt, West, Long, Burns and T. A. Morgan: 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.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 8 to H. 3728 (Word version) (LC-3728.WAB0024H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(D)(2) and (3) and inserting:
(2) the fact-based discussion of controversial aspects of history;
(3) the fact-based instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or
(4) Programs or other school-based initiatives designed to address historical and ongoing systemic inequalities in the public education system.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. HIOTT 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 Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Connell B. J. Cox B. L. Cox Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Atkinson Bauer Clyburn Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 9 to H. 3728 (Word version) (LC-3728.WAB0034H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(C) and inserting:
(C) A student, administrator, teacher, staff member, other school or district employee, or volunteer shall not be required to engage in any form of mandatory gender or sexual diversity training or counseling if a school district mandates such training.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BRADLEY 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 Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy 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 White Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Bauer Clyburn Garvin Gilliard Hayes Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 10 to H. 3728 (Word version) (LC-3728.WAB0035H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(8) and inserting:
(8) educators and students have the right to freely exchange ideas and consider diverse perspectives in order to provide students with critical thinking skills and access to an inclusive public education;
Renumber sections to conform.
Amend title to conform.
Rep. KING explained the amendment.
Rep. HIOTT 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:
Atkinson Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Hewitt Hiott Hixon Hosey Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Bauer Clyburn Dillard Garvin Gilliard Henegan Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 11 to H. 3728 (Word version) (LC-3728.WAB0036H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(10) and inserting:
(10) South Carolina supports and encourages an environment that increases tolerance and understanding, fosters, independent and critical thinking, and expands knowledge of different perspectives and experiences, including the studying and teaching of subject matters in books and other materials that further pedagogical objectives even if they may be considered by some to be controversial, uncomfortable or difficult.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gibson Gilliam Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Robbins Rose Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Bauer Clyburn Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 12 to H. 3728 (Word version) (LC-3728.WAB0022H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(D)(2) and (3) and inserting:
(2) the fact-based discussion of controversial aspects of history;
(3) the fact-based instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or
(4) The fact-based discussion of implicit and/or unconscious bias within the context of teaching or training on literary or historical concepts, or current events, related to the impacts of discriminatory policies.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins B. J. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guffey Haddon Hardee Harris Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Thigpen Weeks Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 13 to H. 3728 (Word version) (LC-3728.WAB0019H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(D)(2) and (3) and inserting:
(2) the fact-based discussion of controversial aspects of history;
(3) the fact-based instruction on the historical oppression of a particular group of people based on race, ethnicity, class, nationality, religion, or geographic region; or
(4) The fact-based discussion of white supremacy and its present day impacts.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Bustos Calhoon Carter Chapman Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Garvin Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Stavrinakis Tedder Weeks Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 14 to H. 3728 (Word version) (LC-3728.WAB0086H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(A)(3) and inserting:
(3) an individual should be discriminated against or receive adverse treatment because of the race, sex, ethnicity, religion, color, or national origin of the individual. School districts may use employee resource groups to talk about topics related to identity;
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN explained the amendment.
Rep. HIOTT moved to table the amendment.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Ott Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Rivers Rose Rutherford Tedder Weeks Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 15 to H. 3728 (Word version) (LC-3728.WAB0017H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-620(D)(3) and inserting:
(3) The fact-based instruction on the historical oppression of, or animus against, a particular group of people based on race, color, ethnicity, sex (including pregnancy, sexual orientation, and gender identity), class, disability, nationality, immigration status, religion, or geographic region.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to by a division vote of 76 to 21.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 17 to H. 3728 (Word version) (LC-3728.SA0020H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-640(L) and inserting:
(L) If the State Board determines the LEA knowingly violated Section 59-29-620 or the LEA fails to adhere to the corrective action plans, the department may withhold up to five percent of a LEA's funds appropriated as part of the State Aid Classrooms only if the schools in the LEA has less than one percent of teacher vacancies.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to by a division vote of 73-23.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 18 to H. 3728 (Word version) (LC-3728.SA0021H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 59-29-680. The Department shall create a complaint form, which LEAs shall prominently post on their website, for use when an educator believes they are being unreasonably targeted for the provision fact-based instruction or materials.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 19 to H. 3728 (Word version) (LC-3728.SA0023H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(1) and inserting:
(1) all students learn in a positive learning environment free from discrimination;
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. MAGNUSON 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 Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Ott Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Ballentine Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Rivers Rose Rutherford Stavrinakis Tedder Weeks Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 21 to H. 3728 (Word version) (LC-3728.SA0026H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(8), (9), and (10) and inserting:
(8) parents and students can raise awareness and have their concerns about objectionable material heard and addressed whenever a topic is presented in a way that is biased toward one ideology; and
(9) this State ultimately is seen as a model for comprehensive, fair, and factual instruction.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Weeks Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 26 to H. 3728 (Word version) (LC-3728.SA0033H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-600(B), by adding an item to read:
(8) The General Assembly will: (a) ensure that districts are given the assistance and resources necessary to support teaching and learning for both students and teachers as mandated by the other provisions of this section; and
(b) provide funding for the maintenance and support of a system of free public schools open to all children in the State as required by Section 3, Article XI of the South Carolina Constitution.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. HIOTT moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Collins B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Weeks Wetmore Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 27 to H. 3728 (Word version) (LC-3728.HDB0071H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(2) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "a group of politicians who staunchly supported segregation broke away from the Democratic Party to form the States' Rights Democratic Party, more commonly known as the Dixiecrats. They nominated Strom Thurmond, then governor of South Carolina, to represent them in the 1948 presidential election."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. FORREST moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Bailey Ballentine Bannister Beach Blackwell Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Ligon Lowe Magnuson McCabe McCravy Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Weeks Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 28 to H. 3728 (Word version) (LC-3728.HDB0072H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(3) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "Jim Crow Laws were designed to accomplish the same goal of maintaining power and privilege for whites and relegating non-whites to an inferior position. These laws segregated schools, public transportation, public restrooms, water fountains, hotels, restaurants, and theaters."
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Stavrinakis Tedder Weeks Wetmore Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 29 to H. 3728 (Word version) (LC-3728.HDB0073H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(3) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "The 13th, 14th, and 15th Amendments were passed to protect civil rights of former slaves by granting them citizenship and a right to vote, although these amendments did not provide fair and equal treatment of African Americans."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to by a division vote of 73 to 22.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 30 to H. 3728 (Word version) (LC-3728.HDB0074H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(3) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "de facto segregation is segregation in fact, even without laws that require segregation. It usually is caused by school attendance rules and housing patterns that reflect the social and economic differences between groups."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hewitt Hiott Hixon Hyde J. E. Johnson Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Thigpen Weeks Wetmore Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 34 to H. 3728 (Word version) (LC-3728.HDB0079H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(3) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "The Equal Protection Clause does not mean that all people must be treated with the same respect. There is a way to find if the distinction is legal through several different tests. The courts decide on these issues depending on the views of the judges, social attitudes, and the facts of each case."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY 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 Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel Ott Rivers Rose Rutherford Tedder Thigpen Weeks Wheeler Williams
So, the amendment was tabled.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 35 to H. 3728 (Word version) (LC-3728.HDB0080H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620, by adding a subsection to read:
(F) Matters specifically encompassed within subsection (D)(3) and exempt from the complaint process outlined in Section 59-29-630 include instruction that "Whites controlled all of the powerful institutions in society like the police forces, courts, judgeships, and local governments. They used these institutions to harass African Americans who challenged authority by asserting their civil rights."
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to.
Rep. TEDDER proposed the following Amendment No. 36 to H. 3728 (Word version) (LC-3728.PH0068H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-640(J) and inserting:
(J) Pending the issuance of a final order by the State Board in a proceeding pursuant to this section, no preliminary information gathered by the department concerning misconduct reasonably believed to constitute grounds for disciplinary action, including the name and certificate number of the certified educator, may be disclosed to any third party. If a violation of this subsection is found, the State Board must initiate an investigation and the violator shall be fined one thousand dollars.
Renumber sections to conform.
Amend title to conform.
Rep. TEDDER explained the amendment.
Rep. BRADLEY moved to table the amendment, which was agreed to by a division vote of 72 to 26.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 37 to H. 3728 (Word version) (LC-3728.PH0056H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-640(B), by adding an item to read:
(4) if the procedures used to report and investigate alleged violations of Section 59-29-620 are duplicative of existing policies and procedures, the department and school districts are not required to adhere to the provisions of subsection (B).
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. JEFFERSON demanded the yeas and nays which were taken, resulting as follows:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bauer Clyburn Cobb-Hunter Garvin Gilliard Hosey Howard Jefferson J. L. Johnson King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Thigpen Weeks Williams
So, the amendment was tabled.
Rep. KING proposed the following Amendment No. 38 to H. 3728 (Word version) (LC-3728.DG0083H), which was adopted:
Amend the bill, as and if amended, SECTION 2, Section 59-29-620(D), by adding an item to read:
(4) the fact-based and historically accurate discussion of the history of slavery.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN explained the amendment.
The amendment was then adopted.
Rep. MAY proposed the following Amendment No. 40 to H. 3728 (Word version) (LC-3728.WAB0088H), which was rejected:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-640(B)(2)(b) and (c) and inserting:
(b) the parent of a current student of the LEA in which the allegation arose;
(c) an employee of the LEA in which the allegation arose; or
(d) any citizen of this State.
Renumber sections to conform.
Amend title to conform.
Rep. MAY explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bernstein Blackwell Bradley Brittain Carter Connell Dillard Felder Forrest Hager Hiott J. E. Johnson W. Jones Landing J. Moore Neese B. Newton Ott Pope Rose Rutherford Sandifer Sessions Stavrinakis Weeks Wetmore
Those who voted in the negative are:
Anderson Ballentine Bauer Beach Brewer Burns Bustos Calhoon Chapman Chumley Clyburn Cobb-Hunter B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Gagnon Garvin Gibson Gilliam Gilliard Guest Guffey Haddon Harris Hayes Herbkersman Hewitt Hixon Hosey Howard Hyde Jefferson J. L. Johnson S. Jones Jordan Kilmartin King Kirby Lawson Leber Long Lowe Magnuson May McCabe McCravy McDaniel T. Moore A. M. Morgan T. A. Morgan Moss Murphy W. Newton Nutt Oremus Pace Pedalino Rivers Robbins G. M. Smith M. M. Smith Taylor Tedder Thayer Thigpen Trantham Vaughan West White Whitmire Williams Willis Wooten Yow
So, the House refused to table the amendment.
Rep. BRADLEY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. MAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Ballentine Bauer Beach Burns Bustos Chumley Clyburn Cobb-Hunter B. J. Cox Cromer Garvin Gilliard Haddon Harris Hosey Howard Jefferson J. L. Johnson S. Jones Kilmartin King Kirby Leber Long Lowe Magnuson May McCabe McCravy McDaniel J. Moore T. Moore A. M. Morgan T. A. Morgan Nutt Oremus Pace Pedalino Rivers Rose Rutherford Tedder Thigpen Trantham White Whitmire Williams Willis Wooten
Those who voted in the negative are:
Atkinson Bailey Bannister Blackwell Bradley Brewer Brittain Calhoon Carter Chapman Collins Connell B. L. Cox Crawford Davis Dillard Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Hager Hardee Hayes Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson W. Jones Jordan Landing Lawson Ligon McGinnis Mitchell Moss Murphy Neese B. Newton W. Newton O'Neal Ott Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Thayer Weeks West Wetmore Wheeler Yow
So, the amendment was rejected.
Rep. MAGNUSON proposed the following Amendment No. 41 to H. 3728 (Word version) (LC-3728.WAB0090H), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Article 5, Chapter 1, Title 59 of the S.C. Code is amended by adding:
Section 59-1-322. Except where otherwise authorized by law, no flag or banner that intends to promote a social or political cause may be displayed or flown from buildings or property owned by a public school district. This prohibition does not apply to any flag or banner promoting the government of the United States, this State, any political subdivision of this State, or a school district, including any branch or department of any such government, such as the armed forces and law enforcement. This section does not prohibit a private individual from wearing as a part of his clothing or carrying or displaying any other flag or banner while in the building or on the property.
Renumber sections to conform.
Amend title to conform.
Rep. MAGNUSON explained the amendment.
Rep. TEDDER raised the point of order that Amendment No. 41 was not germane to H. 3278 (Word version).
Rep. MAGNUSON spoke against the Point of Order.
Rep. MAY spoke against the Point of Order. The SPEAKER stated that the Bill concerned curriculum, educational practices, and the expectations of school employees, teachers, administrators, and parents. The Amendment discussed banners and flags that may be displayed or flown from school buildings. The SPEAKER stated Amendment No. 41 did not deal with curriculum, education practices, and expectations, and went beyond the scope of the bill's subject matter. He sustained the Point of Order.
Rep. OTT proposed the following Amendment No. 42 to H. 3728 (Word version) (LC-3728.WAB0063H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-630(8) and (9) and inserting:
(8) the approximate date on which the prohibited concept was included or promoted;
(9) location, either physical or virtual, of the printed or electronically available material; and
(10) a statement by the complainant verifying that he has made a good faith effort to communicate with the individual alleged to have included or promoted the prohibited concept and resolve the matter as required in Section 59-29-640(B)(3), including the date and time of the communication, the mode of communication, copies of any communications available, and a summary of the outcome of the communications and resolution efforts.
Amend the bill further, SECTION 2, by striking Section 59-29-640(B)(3) and inserting:
(3) A requirement that the complainant must have undertaken a good faith effort to communicate with the individual alleged to have included or promoted the prohibited concept to discuss the complainant's concerns and attempt to resolve the matter.
(4) A timeline for the investigation of an LEA by the department, including when a:
(a) complaint must be received;
(b) response must be provided; and
(c) decision must be rendered.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 43 to H. 3728 (Word version) (LC-3728.WAB0062H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-600(A)(7) and inserting:
(7) ideological and viewpoint biases should not be presented as fact to students who receive instruction in a public or private school;
Amend the bill further, SECTION 2, by striking Section 59-29-610(1)(d) and (e) and inserting:
(d) Wil Lou Gray Opportunity School;
(e) South Carolina School for the Deaf and the Blind; and
(f) any private school that either directly or indirectly accepts public funds.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. MAY moved to table the amendment, which was agreed to by a division vote of 53 to 42.
Rep. OTT proposed the following Amendment No. 44 to H. 3728 (Word version) (LC-3728.WAB0066H), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 59-29-640, by adding a subsection to read:
(M) If the State Board determines that the complainant has brought a malicious or frivolous claim, or a claim that is intended solely to harass the individual who is the subject of the complaint, the State Board may:
(1) for a second or third offense, require payment of reasonable costs of time and other resources expended in response to the complaint; and
(2) for a fourth or subsequent offense, require payment of reasonable costs of time and other resources expended in response to the complaint, and also may bar the complainant from bringing other similar complaints for a one-year period.
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. BRADLEY moved to table the amendment. Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Blackwell Bradley Brewer Burns Bustos Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Ballentine Bauer Bernstein Calhoon Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Hosey Howard Jefferson J. L. Johnson W. Jones Kirby Neese Ott Rivers Rose Rutherford Tedder Weeks Wetmore Wheeler Williams Wooten
So, the amendment was tabled.
Rep. OTT proposed the following Amendment No. 45 to H. 3728 (Word version) (LC-3728.WAB0091H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-640(A)(1)(g) and inserting:
(g) provide instructions to complainant or individual alleged to have violated for filing an appeal of the LEA determination with the department in a written determination to an eligible complainant; and
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
Rep. MAY proposed the following Amendment No. 46 to H. 3728 (Word version) (LC-3728.PH0082H), which was adopted:
Amend the bill, as and if amended, SECTION 3, by deleting Section 59-28-180(B).
Renumber sections to conform.
Amend title to conform.
Rep. MAY explained the amendment.
Rep. BRADLEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Ballentine Bannister Beach Bradley Brewer Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin 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 B. Newton Nutt O'Neal Oremus Ott Pace Pedalino Pope Robbins Rutherford Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Williams Willis Wooten Yow
Those who voted in the negative are:
Alexander Atkinson Bauer Bernstein Blackwell Clyburn Cobb-Hunter Dillard Felder Garvin Gilliard Hayes Hosey Howard Jefferson J. L. Johnson W. Jones King McDaniel Neese Rivers Rose Tedder Thigpen Weeks Wetmore Wheeler
So, the amendment was adopted.
Reps. MCDANIEL and RIVERS proposed the following Amendment No. 47 to H. 3728 (Word version) (LC-3728.PH0054H), which was tabled:
Amend the bill, as and if amended, SECTION 2, by striking Section 59-29-640(A)(2) and inserting:
(2) Before the 2029-2030 School Year, an LEA shall compile and provide records of item (1)(a) through (f) that encompass the previous five school years in the annual report required in item (1)(h). The department shall provide a report summarizing the information of each district to the General Assembly before July 1, 2025, and each year thereafter. If the five year report indicates less than ten percent of complaints are substantiated, school districts are not required to adhere to the provisions of this section.
Renumber sections to conform.
Amend title to conform.
Rep. MCDANIEL explained the amendment.
Rep. BRADLEY moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Calhoon Carter Chapman Chumley Collins Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Hayes Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Rivers Rose Rutherford Tedder Weeks Wetmore Wheeler Williams
So, the amendment was tabled.
Reps. MCCRAVY and HIOTT proposed the following Amendment No. 2 to to H. 3728 (Word version) (LC-3728.WAB0081H), which was adopted:
Amend the bill, as and if amended, SECTION 2, by adding:
Section 59-29-680. There is a private cause of action that any parent or guardian may bring against a school district for any violation of this article. An action under this article may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies. A parent or guradian who successfully asserts a claim against a school district under this article may recover declaratory relief, injunctive relief, and reasonable attorneys' fees and costs.
Renumber sections to conform.
Amend title to conform.
Rep. MCCRAVY explained the amendment.
Rep. OTT spoke against the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. MCDANIEL raised the Point of Order that Amendment No. 2 was not germane to H. 3728 (Word version).
The SPEAKER PRO TEMPORE stated that Amendment No. 2 offered a legal remedy for violations of the provisions in the Bill, and he overruled the Point of Order.
Rep. FELDER 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:
Atkinson Ballentine Bannister Bauer Bernstein Blackwell Bradley Calhoon Carter Collins Dillard Felder Guffey Hager Hardee Hayes Herbkersman Hosey J. L. Johnson W. Jones King Ligon McGinnis Murphy Neese B. Newton W. Newton Ott Rose Rutherford Sessions Stavrinakis Thigpen Wetmore Williams Wooten
Anderson Bailey Bamberg Beach Brewer Burns Bustos Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Gagnon Garvin Gatch Gibson Gilliam Gilliard Guest Haddon Harris Hewitt Hiott Hixon Hyde Jefferson J. E. Johnson S. Jones Kilmartin Kirby Landing Lawson Leber Long Lowe Magnuson May McCabe McCravy McDaniel Mitchell J. Moore T. Moore A. M. Morgan T. A. Morgan Moss Nutt O'Neal Oremus Pace Pedalino Pope Rivers Robbins Sandifer Schuessler G. M. Smith M. M. Smith Tedder Thayer Trantham Vaughan Weeks West Wheeler White Whitmire Willis Yow
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. MAGNUSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bamberg Beach Brewer Brittain Burns Bustos Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Gagnon Gatch Gibson Gilliam Guest Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler G. M. Smith M. M. Smith Thayer Trantham Vaughan Weeks West White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Ballentine Bannister Bauer Bernstein Bradley Calhoon Carter Clyburn Cobb-Hunter Collins Dillard Felder Garvin Gilliard Guffey Hayes Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore W. Newton Ott Rivers Rose Rutherford Sessions Tedder Thigpen Wetmore Wheeler Williams Wooten
So, the amendment was adopted.
Rep. FELDER spoke in favor of the Bill.
Rep. OTT spoke against the Bill.
Rep. A. M. MORGAN spoke in favor of the Bill.
Rep. RIVERS spoke against the Bill.
Rep. MAY spoke in favor of the Bill.
Rep. HOWARD spoke against the Bill.
Rep. WEST spoke in favor of the Bill.
Rep. KING spoke against the Bill.
Rep. BRADLEY spoke in favor of the Bill.
Rep. J. L. JOHNSON spoke against the Bill.
Rep. GARVIN spoke against the Bill.
Rep. BAMBERG spoke against the Bill.
Rep. GILLIARD spoke against the Bill.
Rep. KING moved that the Bill be read in its entirety under Rule 5.21A.
Rep. MCDANIEL moved that Rule 3.9 be invoked.
The question of a quorum was raised.
A quorum was later present.
A quorum being present, Rule 3.9 was not invoked.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Bailey Ballentine Bannister Beach Blackwell Bradley Brewer Brittain Burns Bustos Calhoon Carter Chapman Chumley Connell B. J. Cox B. L. Cox Crawford Cromer Davis Elliott Felder Forrest Gagnon Gatch Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Herbkersman Hewitt Hiott Hixon Hyde J. E. Johnson S. Jones Jordan Kilmartin Landing Lawson Leber Ligon Long Lowe Magnuson May McCabe McCravy McGinnis Mitchell T. Moore A. M. Morgan T. A. Morgan Moss Murphy Neese B. Newton W. Newton Nutt O'Neal Oremus Pace Pedalino Pope Robbins Sandifer Schuessler Sessions G. M. Smith M. M. Smith Taylor Thayer Trantham Vaughan West White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Hayes Henegan Hosey Howard Jefferson J. L. Johnson W. Jones King Kirby McDaniel J. Moore Ott Pendarvis Rivers Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore Wheeler Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. BRADLEY gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. HIXON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
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.
H. 3875 (Word version) -- Reps. Thayer, Beach, Chapman, Cromer, Gagnon and West: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE HONORABLE RICHARD A. SHIRLEY, THE FORMER MAYOR OF THE CITY OF ANDERSON, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.
At 6:31 p.m. the House, in accordance with the motion of Rep. WOOTEN, adjourned in memory of Curtis Melvin Loftis, Sr., to meet at 10:00 a.m. tomorrow.
This web page was last updated on Wednesday, February 22, 2023 at 5:18 P.M.