NO. 16
REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________
The House assembled at noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 8:4: "To you, O people, I call, and my cry is to all that live."
Let us pray. Help me to think twice, God, before I disregard Your love for me. Help us to rely on Your promises each day and keep us in Your everlasting love and peace. Guard and guide these men and women to whom You have called to be Representatives for all people. Bless our defenders of freedom and first responders. Let Your light shine on our World, Nation, President, State, Governor, Speaker, Staff, and all who labor in this vineyard. We remember before You, O Lord, our men and women who continue to suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of Friday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. BERNSTEIN moved that when the House adjourns, it adjourn in memory of Cynthia White Williams, which was agreed to.
The House stood in silent prayer for Representative Robinson and family for the loss of her son, Basheer Robinson.
The House stood in silent prayer for the family and friends of Cynthia White Williams.
Rep. HOSEY made a statement relative to the Orangeburg Massacre on February 8, 1968, and the three lives lost, Samuel Hammond, Jr., Delano Herman Middleton, and Henry Smith.
Rep. HENDERSON-MYERS made a statement relative to the contributions of opera singer and restaurateur, Alexander Smalls.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight J. Moore T. Moore Morgan D. C. Moss V. S. Moss Murray B. Newton W. Newton Nutt Oremus Ott Parks Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
LEAVE OF ABSENCE
The SPEAKER granted Rep. JEFFERSON a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. MURPHY a leave of absence for the day due to medical reasons.
The SPEAKER PRO TEMPORE granted Rep. J. E. JOHNSON a leave of absence for the day.
The SPEAKER PRO TEMPORE granted Rep. CRAWFORD a temporary leave of absence due to a prior medical appointment.
Announcement was made that Dr. Joshua Smith of Greenville was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below: "5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3198 (Word version)
Date: ADD:
02/08/22 DANING
Bill Number: H. 3247 (Word version)
Date: ADD:
02/08/22 BALLENTINE and DAVIS
Bill Number: H. 3253 (Word version)
Date: ADD:
02/08/22 DAVIS
Bill Number: H. 3337 (Word version)
Date: ADD:
02/08/22 ERICKSON, BLACKWELL, OREMUS, TAYLOR and HIXON
Bill Number: H. 3348 (Word version)
Date: ADD:
02/08/22 ERICKSON and BRADLEY
Bill Number: H. 3352 (Word version)
Date: ADD:
02/08/22 BLACKWELL, OREMUS and HIXON
Bill Number: H. 3520 (Word version)
Date: ADD:
02/08/22 FRY and HEWITT
Bill Number: H. 3598 (Word version)
Date: ADD:
02/08/22 BLACKWELL, OREMUS, TAYLOR, HIXON and FORREST
Bill Number: H. 3599 (Word version)
Date: ADD:
02/08/22 ERICKSON
Bill Number: H. 3888 (Word version)
Date: ADD:
02/08/22 HENDERSON-MYERS
Bill Number: H. 3938 (Word version)
Date: ADD:
02/08/22 GILLIARD
Bill Number: H. 3992 (Word version)
Date: ADD:
02/08/22 HENEGAN
Bill Number: H. 4501 (Word version)
Date: ADD:
02/08/22 HENEGAN
Bill Number: H. 4527 (Word version)
Date: ADD:
02/08/22 DAVIS
Bill Number: H. 4535 (Word version)
Date: ADD:
02/08/22 OREMUS
Bill Number: H. 4575 (Word version)
Date: ADD:
02/08/22 DANING
Bill Number: H. 4608 (Word version)
Date: ADD:
02/08/22 HADDON, BANNISTER, MAGNUSON, MAY, DABNEY, LONG, WILLIS, MCCABE, MORGAN, BRYANT, V. S. MOSS, NUTT and T. MOORE
Bill Number: H. 4766 (Word version)
Date: ADD:
02/08/22 ALEXANDER
Bill Number: H. 4812 (Word version)
Date: ADD:
02/08/22 HENEGAN
Bill Number: H. 4837 (Word version)
Date: ADD:
02/08/22 DANING, BENNETT, HUGGINS, M. M. SMITH, WHITE and V. S. MOSS
Bill Number: H. 4879 (Word version)
Date: ADD:
02/08/22 W. COX and WHITE
Bill Number: H. 4880 (Word version)
Date: ADD:
02/08/22 BALLENTINE
Bill Number: H. 4909 (Word version)
Date: ADD:
02/08/22 OREMUS and FORREST
Bill Number: H. 4918 (Word version)
Date: ADD:
02/08/22 ERICKSON
Bill Number: H. 4919 (Word version)
Date: ADD:
02/08/22 WHITMIRE, W. COX and HYDE
Bill Number: H. 4920 (Word version)
Date: ADD:
02/08/22 LONG
Bill Number: H. 4869 (Word version)
Date: REMOVE:
02/08/22 GAGNON
The following Bill was taken up: S. 16 (Word version) -- Senators Rankin, Hembree, Malloy, Fanning, Grooms, Young, Bennett, Scott, Stephens, Peeler and Sabb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-17 SO AS TO REQUIRE COMPLETION OF CERTAIN BASIC PERSONAL FINANCE COURSEWORK FOR HIGH SCHOOL GRADUATION INSTEAD OF EXISTING ECONOMICS COURSEWORK REQUIREMENTS, TO PROVIDE HIGH SCHOOLS MAY CONTINUE TO OFFER SUCH COURSEWORK, TO PROVIDE FOR THE DEVELOPMENT AND CONTENT OF RELATED STANDARDS, TO PROVIDE THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP RELATED MEASURING AND REPORTING REQUIREMENTS AND SHALL MAKE RELATED RECOMMENDATIONS, AND TO MAKE THESE PROVISIONS APPLICABLE TO STUDENTS ENTERING NINTH GRADE BEGINNING WITH THE 2022-2023 SCHOOL YEAR; AND TO REPEAL SECTION 59-29-165 RELATING TO REQUIRED INSTRUCTION IN PERSONAL FINANCE.
Rep. ALLISON moved to adjourn debate on the Bill until Tuesday, February 15, which was agreed to.
The following Bill was taken up:
H. 4504 (Word version) -- Reps. Hewitt, Huggins, Forrest, McKnight, Wooten, M. M. Smith, Bennett, Lowe, Bailey, Kirby, Ligon and Davis: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX, SO AS TO PROVIDE THAT A WATERCRAFT TRAILER AND A WATERCRAFT MOTOR MAY NOT BE TAXED MORE THAN THE MAXIMUM TAX.
Rep. HIXON moved to adjourn debate on the Bill until Wednesday, February 9, which was agreed to.
The following Bill was taken up:
H. 4538 (Word version) -- Reps. Whitmire, Bustos, Forrest and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-320 SO AS TO PROHIBIT THE UNLAWFUL REMOVAL OR DESTRUCTION OF AN ELECTRONIC COLLAR OR OTHER ELECTRONIC DEVICE
PLACED ON A DOG BY ITS OWNER TO MAINTAIN CONTROL OF THE DOG.
Rep. HIXON moved to adjourn debate on the Bill until Wednesday, February 9, which was agreed to.
The following Bill was taken up:
H. 4766 (Word version) -- Reps. Allison, Lucas, Felder and Alexander: A BILL TO AMEND SECTION 13-1-2030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COORDINATING COUNCIL FOR WORKFORCE DEVELOPMENT, SO AS TO DELETE REFERENCES TO DESIGNEES ON THE COORDINATING COUNCIL.
The Education and Public Works Committee proposed the following Amendment No. 1 to H. 4766 (Word version) (COUNCIL\SA\4766C001.DF.SA22), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION __. Section 59-59-175 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Matthews May McDaniel McGarry McGinnis McKnight T. Moore D. C. Moss V. S. Moss Murray B. Newton Nutt Ott Pendarvis Pope Rivers Robinson Rose Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Hill
So, the Bill, as amended, was read the second time and ordered to third reading.
I was not in the House Chamber for the vote on second reading of H. 4766 (Word version), legislation which seeks to strengthen workforce development efforts. If I had been present, I would have voted in favor of the Bill.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 4570 (Word version) -- Reps. Calhoon, Bustos, McGarry, W. Cox, Erickson and Bradley: A BILL TO AMEND SECTION 56-3-14970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO SERVICE MEMBERS ASSOCIATED WITH VARIOUS MILITARY COMPONENTS OR DESIGNATIONS, SO AS TO PROVIDE FOR THE ISSUANCE OF "UNITED STATES SPACE FORCE" SPECIAL LICENSE PLATES.
The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4570 (Word version) (COUNCIL\CM\4570C001. GT.CM22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-14970(A) of the 1976 Code, as added by Act 38 of 2021, is amended to read:
"(A) The department may issue the following special license plates reflective of military service for private passenger vehicles and motorcycles to active or prior service members associated with the following military components or designations:
(1) Veteran or Veteran wheelchair if the registrant qualifies for handicapped parking pursuant to Section 56-3-1910(H)
(2) Female Veteran or Female Veteran wheelchair if the registrant qualifies for handicapped parking pursuant to Section 56-3-1910(H)
(3) Combat-Related Disabled Veteran - the registrant must have a combat-related disability as evidenced by a letter from the U.S. Department of Veterans Affairs defining a combat and operations-related disability
(4) Army
(5) Marine Corps
(8) Coast Guard
(9) US Space Force
(10) National Guard- Army
(10)(11) National Guard- Air
(11)(12) National Guard- Retired
(12)(13) US Military Reserve- Army
(13)(14) US Military Reserve- Marine Corps
(14)(15) US Military Reserve- Navy
(15)(16) US Military Reserve- Air Force
(16)(17) US Military Reserve- Coast Guard
(17)(18) US Armed Forces Retired
(18)(19) State Guard."
SECTION 2. Section 56-3-14940(B) of the 1976 Code as added by Act 38 of 2021, is amended to read:
"(B) The qualifying service member or veteran must be one of the registrants of the vehicle. No more than three license plates may be issued to the award recipient. License plates for medals specified in subsection (A) are subject to exempt from the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56 but no additional specialty plate fee. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 3. Section 56-3-14960(A) of the 1976 Code, as added by Act 38 of 2021, is amended to read:
"(A) The department may issue the following special license plates reflective of meritorious service for private passenger vehicles and motorcycles to active or prior service members who received the following awards:
(1) Air Medal
(2) Bronze Star (service)
(3) Meritorious Service Medal."
SECTION 4. Section 56-3-14980(A) of the 1976 Code, as added by Act 38 of 2021, is amended to read:
"(A) The department may issue the following types of special license plates showing support for military-related private organizations for private passenger vehicles and motorcycles to members of the general public that will financially benefit the following organizations:
(1) Blue Star Family
(2) Veterans of Foreign Wars
(3) American Legion (4) Disabled American Veterans
(5) American Veterans
(6) Marine Corps League
(7) Chief Petty Officer
(8) Support Our Troops."
SECTION 5. Section 56-3-14990 of the 1976 Code, as added by Act 38 of 2021, is amended to read:
"Upon the death of an award recipient, a surviving spouse may apply to the department for a license plate issued under the provisions of Sections 56-3-14710, 56-3-14720, or 56-3-14730(A)(3) 56-3-14910, 56-3-14920, or 56-3-14930(A)(3). The surviving spouse may apply to the department to transfer a license plate previously issued to the award recipient under the provisions of Section 56-3-14710, 56-3-14720, or 56-3-14730(A)(3) 56-3-14910, 56-3-14920, or 56-3-14930(A)(3) pursuant to Section 56-3-210(G). The surviving spouse must turn the plate into the department when the surviving spouse is no longer eligible for surviving spouse military benefits."
SECTION 6. Section 56-3-15000 of the 1976 Code, as added by Act 38 of 2021, is amended to read:
"License plates first issued to registrants under previous award criteria requirements are not subject to the revised award documentation requirements that a person must provide the department upon applying meet to apply for a plate specified in this article."
SECTION 7. Article 20, Chapter 3, Title 56 is repealed.
SECTION 8. This act takes effect on May 6, 2022. /
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGinnis McKnight T. Moore D. C. Moss V. S. Moss Murray B. Newton Nutt Oremus Ott Pendarvis Pope Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore White Whitmire R. Williams Willis Wooten Yow
Those who voted in the negative are:
Dabney
I was not in the House Chamber for the vote on second reading of H. 4570 (Word version), legislation pertaining to military license plates. If I had been present, I would have voted in favor of the Bill.
Rep. Wm. Weston Newton
The following Bill was taken up:
H. 4797 (Word version) -- Reps. Elliott, Erickson and Bradley: A BILL TO AMEND SECTION 56-3-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" MOTOR VEHICLE LICENSE PLATES, SO AS TO PROVIDE THE REVISED PURPOSE OF ISSUANCE OF THE LICENSE PLATES IS TO ESTABLISH A FUND FOR THE PURPOSE OF PROVIDING CLASSROOM TECHNOLOGY TO PUBLIC SCHOOLS.
Rep. GOVAN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Dabney Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Fry Gagnon Garvin Gatch Gilliam Gilliard Govan Haddon Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde J. L. Johnson K. O. Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Magnuson Matthews May McCabe McCravy McDaniel McGarry McGinnis McKnight T. Moore D. C. Moss V. S. Moss Murray B. Newton Nutt Oremus Ott Pendarvis Pope Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Tedder Thayer Thigpen Trantham Weeks West Wetmore Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was not in the House Chamber for the vote on second reading of H. 4797 (Word version), license plate legislation helping fund classroom technology in public schools. If I had been present, I would have voted in favor of the Bill.
The SPEAKER granted Rep. BALLENTINE a leave of absence for the remainder of the day.
Rep. FORREST moved that the House recur to the morning hour, which was agreed to.
Rep. MAY moved that the House recede until 2:15 p.m., which was agreed to.
At 2:15 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. MURRAY moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., Thursday, February 3, 2022
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 122, S. 948 (Word version) by a vote of 35 to 0.
(R. 122, S. 948 (Word version)) -- Senator Williams: A JOINT RESOLUTION TO MOVE THE DATE OF THE 2022 ELECTION FOR THE MARION COUNTY BOARD OF EDUCATION FROM THE SECOND TUESDAY IN APRIL OF 2022 TO THE SECOND TUESDAY IN MAY OF 2022, AND TO ADJUST THE CANDIDATE FILING PERIOD ACCORDINGLY.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
February 1, 2022
The Honorable Thomas C. Alexander
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R-122, S. 948 (Word version), which seeks to move the 2022 election date for seats on the Marion County Board of Education ("Board of Education") from the second Tuesday in April to the second Tuesday in May. For the reasons set forth below, I am compelled to veto S. 948 (Word version).
As the General Assembly is aware, like several of my predecessors, I have consistently vetoed unconstitutional local or special legislation. The South Carolina Constitution expressly prohibits the General Assembly from enacting legislation "for a specific county" and "where a general law can be made applicable." S.C. Const. art VIII, Section 7; S.C. Const. art. III, Section 34(IX). Yet, S. 948 (Word version) would apply to only a single county. Although our courts have held that greater deference is warranted in the context of public education, "legislation regarding education is not exempt from the requirements of Article III, Section 34(1X)." Horry Cty. v. Horry Cty. Higher Educ. Comm 'n, 306 S.C. 416, 419, 412 S.E.2d 421, 423 (1991). Here, it appears that a general law could be made applicable, and the General Assembly has not established that a special law is necessary to "best meet the exigencies of [this] particular situation." Charleston Cty. Sch. Dist. v. Harrell, 393 S.C. 552,559, 713 S.E.2d 604,608 (2011). Accordingly, I am compelled to reiterate my longstanding concerns regarding the General Assembly's regular resort to local or special legislation, which has produced a patchwork of authorities governing South Carolina's schools and school districts.
For the foregoing reasons, I am respectfully vetoing R-122, S. 948 (Word version) and returning the same without my signature.
Yours very truly,
Henry McMaster
Received as information.
The following was received:
Columbia, S.C., Thursday, February 3, 2022
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 120, S. 836 (Word version) by a vote of 34 to 0
(R. 120, S. 836 (Word version)) -- Senators Martin, Peeler and Cromer: AN ACT TO AMEND ACT 124 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO REQUIRE THE SCHOOL DISTRICT OF UNION COUNTY TO RECOGNIZE MEMORIAL DAY AS A HOLIDAY AND ALL DISTRICT SCHOOLS AND OFFICES MUST BE CLOSED ON THAT DATE.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
February 1, 2022
The Honorable Thomas C. Alexander
President of the Senate
State House, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval R-120, S. 836 (Word version), which seeks to require the School District of Union County ("District") to observe Memorial Day as a legal holiday. The bill also provides that all District schools and offices must be closed on Memorial Day and prohibits the District from using the date as an instructional day or teacher workday or requiring students to attend school, whether in person or virtually. To be sure, I find it odd that a school district would not observe Memorial Day, and I appreciate the underlying aims of this legislation and the well-intentioned efforts of its sponsors to address this issue. However, for the reasons set forth below, I am compelled to veto S. 836 (Word version).
First, like several of my predecessors, I have consistently vetoed unconstitutional local or special legislation. Here, S. 836 (Word version) appears to apply to only a single county or a portion thereof. However, the South Carolina Constitution expressly prohibits the General Assembly from enacting legislation "for a specific county" and "where a general law can be made applicable." S.C. Const. art VIII, Section 7; S.C. Const. art. III, Section 34(1X). Although our courts have held that greater deference is warranted when local or special legislation relates to the General Assembly's obligation to provide for the maintenance and support of public schools, the regular resort to this practice has produced an undesirable assortment of authorities governing South Carolina's school districts. Accordingly, I am compelled to reiterate my longstanding concerns regarding local or special legislation, which creates a patchwork of piecemeal, and often inconsistent, local laws. Nevertheless, aside from this threshold constitutional issue, I believe S. 836 (Word version) encounters an additional legal obstacle. Second, S. 836 (Word version) also appears to conflict with existing law. While section 53-5-10 of the South Carolina Code of Laws specifically enumerates Memorial Day as a legal holiday, the General Assembly has elsewhere provided that local school districts shall have "the authority to establish an annual school calendar for teachers, staff, and students." S.C. Code Ann. Section 59-1-425(A). Therefore, I am concerned that any effort, however well intentioned, to require a school district to observe a holiday in a particular manner may conflict with general law. See S.C. Const. art. III, Section 34(X) ("The General Assembly shall forthwith enact general laws ... which shall be uniform in their operations."); Med. Soc. of SC v. Med. Univ. of SC, 334 S.C. 270,279,513 S.E.2d 352,357 (1999) ("The purpose of the prohibition on special legislation is to make uniform where possible the statutory laws of this State in order to avoid duplicative or conflicting laws on the same subject.").
I firmly believe there is no greater sacrifice than those who have offered, and lost , their lives in service to the United States. Thus, I can think of no cause more deserving of appropriate tribute and solemn recognition than honoring those who have paid the ultimate sacrifice for our freedom. While I understand that nearly all school districts in this State either regularly observe Memorial Day as a legal holiday or cease in-person instruction prior to that date, this legislation suggests that the District may not plan to do so. Although I encourage the District to revisit any such plans and commend the bill's sponsors for bringing attention to this issue, because I am concerned that S. 836 (Word version) appears to violate the constitutional prohibition on local or special legislation and conflict with existing law, I am compelled to veto the same.
For the foregoing reasons, I am respectfully vetoing R-120, S. 836 (Word version) and returning the same without my signature.
Yours very truly,
Henry McMaster
Received as information.
The following was introduced:
H. 4924 (Word version) -- Rep. G. M. Smith: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 15, 2022.
The following was introduced:
H. 4925 (Word version) -- Reps. Alexander and Tedder: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF DR. DAVID E. RIVERS, PROFESSOR AND FOUNDING DIRECTOR OF THE PUBLIC INFORMATION AND COMMUNITY OUTREACH INITIATIVE AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA , AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4926 (Word version) -- Reps. Pendarvis, Tedder, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO EXPRESS PROFOUND SORROW UPON THE PASSING OF CHESLIE KRYST, TO CELEBRATE HER LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The following was introduced:
H. 4927 (Word version) -- Reps. J. L. Johnson, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE SHERMAN JAMES GOODWIN ON THE OCCASION OF HIS SEVENTIETH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.
The Resolution was adopted.
The following was introduced: H. 4928 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO CONGRATULATE AND COMMEND THE CONGREGATION OF FRANCIS BURNS UNITED METHODIST CHURCH FOR SIXTY YEARS OF DEDICATED SERVICE IN THE MIDLANDS AND TO CELEBRATE THE JOYOUS OCCASION OF THEIR SIXTIETH ANNIVERSARY.
The Resolution was adopted.
The following was introduced: H. 4929 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McCravy, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO PROCLAIM SATURDAY, FEBRUARY 26, 2022, AS TRIO DAY AND TO COMMEND SC TRIO AND ITS PARTICIPANTS FOR THEIR OUTSTANDING ACHIEVEMENTS AND PROGRESS IN ASSISTING FIRST-GENERATION STUDENTS IN THE STATE OF SOUTH CAROLINA. SC TRIO PERSONNEL SERVES NEARLY FIFTEEN THOUSAND PARTICIPANTS IN FIFTY-THREE PROGRAMS AND HAS SERVED COMMUNITIES IN THE STATE FOR MORE THAN FIFTY YEARS. SOUTH CAROLINIANS ARE URGED TO OBSERVE THIS DAY WITH CEREMONIES AND ACTIVITIES THAT CELEBRATE THESE LIFE-CHANGING PROGRAMS AS SOURCES OF EDUCATIONAL ACCESS AND OPPORTUNITY FOR LOW-INCOME, FIRST-GENERATION STUDENTS.
The Resolution was adopted.
The following was introduced:
H. 4930 (Word version) -- Reps. McCravy, Alexander, Allison, Anderson, Atkinson, Bailey, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brittain, Bryant, Burns, Bustos, Calhoon, Carter, Caskey, Chumley, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Dabney, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Fry, Gagnon, Garvin, Gatch, Gilliam, Gilliard, Govan, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, J. E. Johnson, J. L. Johnson, K. O. Johnson, Jones, Jordan, King, Kirby, Ligon, Long, Lowe, Lucas, Magnuson, Matthews, May, McCabe, McDaniel, McGarry, McGinnis, McKnight, J. Moore, T. Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, Murray, B. Newton, W. Newton, Nutt, Oremus, Ott, Parks, Pendarvis, Pope, Rivers, Robinson, Rose, Rutherford, Sandifer, Simrill, G. M. Smith, G. R. Smith, M. M. Smith, Stavrinakis, Taylor, Tedder, Thayer, Thigpen, Trantham, Weeks, West, Wetmore, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND LANDER UNIVERSITY FOR THE TRANSFORMATIVE IMPACT THE INSTITUTION HAS HAD ON LEGIONS OF STUDENTS AND ALUMNI, THE COMMUNITY, THE STATE OF SOUTH CAROLINA, AND BEYOND FOR A CENTURY AND A HALF AND TO CONGRATULATE LANDER'S STUDENTS, ALUMNI, FACULTY, AND ADMINISTRATION AS THE SCHOOL CELEBRATES ITS SESQUICENTENNIAL ANNIVERSARY.
The following was introduced:
H. 4931 (Word version) -- Rep. Calhoon: A HOUSE RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROHIBIT ORGAN TRANSPLANT RECIPIENT DISCRIMINATION BASED ON COVID-19 VACCINATION STATUS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4932 (Word version) -- Rep. Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR PAGELAND FIRE DEPARTMENT CAPTAIN STEVE LONG FOR HIS HEROIC ACTIONS, RESPONDING WITHOUT REGARD FOR HIS PERSONAL SAFETY TO SAVE THE LIFE OF A CITIZEN IN PAGELAND.
The Resolution was adopted.
The following was introduced:
H. 4933 (Word version) -- Rep. Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF REVEREND JOHN L. MELTON III AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Resolution was adopted.
The following was introduced: H. 4934 (Word version) -- Rep. Dillard: A HOUSE RESOLUTION TO PROMOTE HEART DISEASE AWARENESS TO THE CITIZENS OF SOUTH CAROLINA, TO RECOGNIZE THE IMPORTANCE OF THE ONGOING FIGHT AGAINST HEART DISEASE AND STROKE, AND TO PROCLAIM FEBRUARY 2022 AS "AMERICAN HEART MONTH" IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4935 (Word version) -- Reps. King, Alexander, Anderson, Bamberg, Brawley, Clyburn, Dillard, Garvin, Gilliard, Govan, Henderson-Myers, Henegan, Hosey, Howard, Jefferson, J. L. Johnson, K. O. Johnson, Matthews, McDaniel, McKnight, J. Moore, Murray, Parks, Pendarvis, Rivers, Robinson, Rutherford, Tedder, Thigpen, Weeks, R. Williams and S. Williams: A HOUSE RESOLUTION TO HONOR THE LIFE AND ACHIEVEMENTS OF THE FORMER MAYOR OF CHESTER, PROMINENT AFRICAN AMERICAN, CHRISTOPHER KING, SR., A NATIVE SON OF CHESTER.
Whereas, born on February 4, 1936, in Chester, the Honorable Christopher "Chris" King, Sr., was the son of the late William Robert King, Sr., and the late Ellen Louise Nelson King. Raised in a devout Christian household, he became a member of the Calvary Baptist Church at a young age. There he served for many years as a deacon, and truly learned to live with the religious principle of, "Do unto others as you would have them do unto you"; and
Whereas, throughout his life, Mr. King viewed education in the highest regard. He graduated from Finley High School in 1954, then went on to attend Atlanta College of Mortuary Science in Atlanta, Georgia. He graduated from the program in 1958. He received his bachelor's degree from Johnson C. Smith University in Charlotte, North Carolina, in 1959. Believing that education would foster economic and political equality, he was known to counsel every young person to continue pursuing higher education; and Whereas, a prolific businessman with much determination and skill, Mr. King managed multiple business ventures with great success by ensuring service to clientele was always the cornerstone of his business model. Leading King's Funeral Home for more than forty years, he created a prosperous business that always sought to best serve citizens who were in need across multiple counties in the Palmetto State. Similarly, he also managed rental properties that provided low-income housing for the citizens of Chester. He chose to treat clients with dignity and genuine love, and his relatability often provided positive experiences for all involved; and
Whereas, amongst his other hobbies of bicycle riding and skating, a young Chris became actively interested in politics. At age fourteen, using his newly obtained driver's license, he began shuttling voters to the polls. At age twenty-three, he made his first unsuccessful bid for public office, seeking a seat on the Chester County School Board. He then made an unsuccessful run for the South Carolina Senate; and
Whereas, these consecutive defeats did little to deter Mr. King from the political arena, as his desire to run for office was a pursuit to become a true public servant for the citizens of Chester. When he did find success, he did so in historic fashion, becoming the first African American mayor of Chester. This victory, however, brought with it another fight, as he was forced to contend with the legal system over his right to assume his elected position. That decision culminated in a historic decision by the United States Supreme Court which established single member districts for Chester County; and
Whereas, a true civic servant, Mr. King was a founder of the Congressional Black Caucus, a precinct manager of Chester Ward IV, and was a delegate to the South Carolina Democratic Party state conventions. He also was an active member and participant of the Friendship Junior College Board, Selective Service Board, Carolina Community Action Board, Small Business Administration Board, chairman of the Chester Sewer District Board, the South Carolina Mortician Association, Masonic Lodge #32, Hill City Elk, Christian Burial Aid Society, the African Protective and Burial Society, and was a chartered member of the Chester Optimist Club; and
Whereas, dedicated in his pursuit to serve the citizens of Chester, he was best supported by his own loving family. He and his wife, Margie Buckson King had eight children, Christopher C. King II, the Honorable William Robert King, Dr. Nelson Maurice King, the Honorable Robbie King-Boyd, Pansy King-Reid, Margie King-Delk, Marty Elazer "Capp" King, and the Honorable John Richard Christopher King; and Whereas, the Honorable Christopher King, Sr., was a man who stepped forward to lead and serve in a time when this State most needed men of integrity and diligence. A true public servant with a sincere wish to lift up others and provide what service he could, his efforts and legacy should serve as a shining beacon to all who aspire to public service in the future. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor the life and achievements of the former mayor of Chester, prominent African American, Christopher King, Sr., a native son of Chester.
The Resolution was adopted.
The following was introduced:
H. 4936 (Word version) -- Reps. J. Moore, Alexander, Anderson, Bamberg, Brawley, Clyburn, Dillard, Garvin, Gilliard, Govan, Henderson-Myers, Henegan, Hosey, Howard, Jefferson, J. L. Johnson, K. O. Johnson, King, Matthews, McDaniel, McKnight, Murray, Parks, Pendarvis, Rivers, Robinson, Rutherford, Tedder, Thigpen, Weeks, R. Williams and S. Williams: A HOUSE RESOLUTION TO HONOR THE LIFE AND ACHIEVEMENTS OF ABRAHAM BILL "ABE" JENKINS, JR., AND TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS PASSING TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
Whereas, the South Carolina House of Representatives was saddened to learn of the death of Abraham Bill "Abe" Jenkins, Jr., at the age of sixty-six on January 17, 2022; and
Whereas, born November 1, 1955, in Cambridge, England, Abe was the son of Abraham Bill Jenkins, Sr., and the late Georgetta Johnson Jenkins, and he was reared in a loving family with three siblings: Kenneth Don Jenkins, Reverend DeMett E. Jenkins, and Lieutenant Colonel Brittiane V. Staton; and Whereas, he attended Summerville High School, where he played football as a tight end for legendary Coach John McKissick; and
Whereas, he earned a bachelor's degree in political science and public administration at South Carolina State University and a master's degree in health administration from the University of Pennsylvania; and
Whereas, for thirty years, he served as a healthcare administrator, first at the Medical University of South Carolina, then in Philadelphia and Washington, D. C.; and
Whereas, a community activist with deep roots on Johns Island, Mr. Jenkins served as chairman of the Progressive Club, working to renovate the property on River Road that his grandfather Esau Jenkins had established in the late 1940s as a community center and citizenship school; and
Whereas, in Charleston, he was active politically on nearly every level as a community advocate concerned with fairness, justice, and equality; and
Whereas, Mr. Jenkins was a member of the Concerned Citizens of the Sea Islands, focusing on quality-of-life issues. He assisted individuals by organizing food and clothing drives, and he championed communities threatened by development and exploitation; and
Whereas, his long-standing connections to Johns Island nourished a quiet determination to defend the island's Black residents and their Gullah heritage; and
Whereas, Mr. Jenkins became active in the South Carolina Democratic Party in the Lowcountry, worked on behalf of Barack Obama during his campaigns for President, and served as state political director for the Pete Buttigieg campaign in 2020; and
Whereas, together with his beloved wife, Wanda Deas-Jenkins, he reared three fine children: Renee Jenkins, Jamaal Jenkins, and James Jenkins. He was blessed with the affection of three stepchildren: Hope Buncum, Crystal Hillyard, and Trell Deas; and Whereas, the South Carolina House of Representatives is grateful for the life and legacy of Abe Jenkins and for the high standard of service he set for all who knew him. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor the life and achievements of Abraham Bill "Abe" Jenkins, Jr., and express their profound sorrow upon his passing to his large and loving family and his many friends.
Be it further resolved that a copy of this resolution be presented to the family of Abraham Bill "Abe" Jenkins, Jr.
The Resolution was adopted.
The following was introduced:
H. 4937 (Word version) -- Reps. Pendarvis, Alexander, Anderson, Bamberg, Brawley, Clyburn, Dillard, Garvin, Gilliard, Govan, Henderson-Myers, Henegan, Hosey, Howard, Jefferson, J. L. Johnson, K. O. Johnson, King, Matthews, McDaniel, McKnight, J. Moore, Murray, Parks, Rivers, Robinson, Rutherford, Tedder, Thigpen, Weeks, R. Williams and S. Williams: A HOUSE RESOLUTION TO HONOR THE LIFE AND CHARACTER OF LEVI PEARSON, PLAINTIFF IN LEVI PEARSON V. CLARENDON COUNTY BOARD OF EDUCATION, AND TO COMMEND HIS REMARKABLE COURAGE TO SECURE EQUAL TREATMENT FOR HIS CHILDREN AND GENERATIONS TO FOLLOW.
Whereas, it is altogether fitting and proper that the members of the South Carolina House of Representatives should pause in their deliberations to commend the life of Levi Pearson, a courageous son of the Palmetto State, who pursued justice for families in Clarendon County; and
Whereas, Levi was married to Viola Pearson, and the couple had three children, James, Eloise, and Daisy, who walked nine miles to school each day; and Whereas, Levi and Viola Pearson and other families in the Davis Station area collected about nine hundred dollars to buy a used school bus for transporting their children to and from school; and
Whereas, the bus often broke down, and the county board of education would not support maintenance or provide gas for the bus, although almost seventy-four percent of the county's school population was African American. The county provided thirty school buses for white students, but none for black students; and
Whereas, in 1947, Levi Pearson courageously filed a lawsuit to secure a school bus to be paid for and maintained by the county; and
Whereas, in response to the suit, the board of education alleged Mr. Pearson did not have the right to sue because he paid taxes in a district other than District 26, the district where his children attended school. The court dismissed his action erroneously, as Levi Pearson had property that was partially in District 26; and
Whereas, white business owners retaliated by cutting off his credit at the local store and refusing to lease harvesting equipment to him; and
Whereas, despite this pressure, Levi Pearson served as president of the newly-formed NAACP branch in Clarendon County, but he eventually left South Carolina for the North because of white intimidation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, honor the life and character of Levi Pearson, plaintiff in Levi Pearson v. Clarendon County Board of Education, and commend his remarkable courage to secure equal treatment for his children and generations to follow.
Be it further resolved that a copy of this resolution be presented to the family of Levi Pearson.
The following was introduced:
H. 4938 (Word version) -- Reps. Parks and Howard: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 10 IN MCCORMICK COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 28 TO ITS INTERSECTION WITH THE MCCORMICK/GREENWOOD COUNTY LINE "CAPTAIN JUNNE 'J.R.' JONES MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4939 (Word version) -- Reps. Haddon, Hiott, Yow, Ligon, Forrest, Garvin, Magnuson, Burns, Chumley, Long, Ott, Gilliam, May, Pope, S. Williams, J. Moore, Pendarvis, Atkinson, Hayes, Hixon, V. S. Moss and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-3-290 SO AS TO DIRECT THE DEPARTMENT OF AGRICULTURE TO ESTABLISH A "CERTIFIED S.C. RAISED BEEF" DESIGNATION AND TO PROVIDE LABELS FOR ANY APPLICANT WHO MEETS THE CRITERIA; AND BY ADDING SECTION 47-17-160 SO AS TO ALLOW BEEF PRODUCERS IN THIS STATE TO CARRY A "CERTIFIED S.C. RAISED BEEF" DESIGNATION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4940 (Word version) -- Reps. Bennett, Dabney, Bustos, Jones, McGarry, Magnuson, Nutt, Haddon, Felder, Pope, Davis and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "UNIFORM CHILD ABDUCTION PREVENTION ACT", TO PROVIDE A LEGAL MECHANISM TO PROTECT CHILDREN FROM CREDIBLE RISKS OF ABDUCTION RELATED TO LEGAL CUSTODY OR VISITATION, AND FOR OTHER PURPOSES.
Referred to Committee on Judiciary
H. 4941 (Word version) -- Reps. Chumley, Ligon, Burns and Haddon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-45 SO AS TO REQUIRE VACCINE ADMINISTRATORS TO OBTAIN WRITTEN INFORMED CONSENT BEFORE ADMINISTERING A COVID-19 VACCINATION TO A PERSON; AND TO CREATE CRIMINAL PENALTIES.
Referred to Committee on Judiciary
H. 4942 (Word version) -- Reps. Burns, Long, Haddon and Chumley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-45 SO AS TO REQUIRE VACCINE ADMINISTRATORS TO OBTAIN WRITTEN INFORMED CONSENT BEFORE ADMINISTERING A COVID-19 VACCINATION TO A PERSON; AND TO PROVIDE FOR THE APPROPRIATION OF RELATED FUNDING.
Referred to Committee on Ways and Means
H. 4943 (Word version) -- Reps. Felder, Simrill, King, B. Newton, McGarry, Pope and Ligon: A BILL TO AMEND SECTION 6-1-1060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF IMPACT FEES THAT EXISTED BEFORE 1999, SO AS TO ALLOW FOR THE USE OF REVENUES FROM ANY IMPACT FEES TO PAY DOWN INDEBTEDNESS FOR SYSTEM IMPROVEMENTS.
Referred to Committee on Ways and Means
H. 4944 (Word version) -- Rep. McGinnis: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE COASTAL CAROLINA UNIVERSITY BOARD OF TRUSTEES, SO AS TO PROVIDE MANDATORY NOTICE OF BOARD MEETINGS MUST BE SENT EITHER ELECTRONICALLY OR THROUGH THE UNITED STATES MAIL TO EACH TRUSTEE NOT LESS THAN FIVE DAYS BEFORE EACH MEETING.
Referred to Committee on Education and Public Works
H. 4945 (Word version) -- Rep. Pendarvis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY REPEALING SECTION 56-3-645 RELATING TO ROAD USE FEES IMPOSED UPON MOTOR VEHICLES POWERED BY ELECTRICITY, HYDROGEN, ANY FUEL OTHER THAN MOTOR FUEL, OR A COMBINATION OF MOTOR FUEL AND ANY FUEL OTHER THAN MOTOR FUEL.
Referred to Committee on Education and Public Works
H. 4946 (Word version) -- Reps. Haddon, Ligon, Magnuson and Burns: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2125 SO AS TO PLACE CERTAIN CONDITIONS ON THE MANNER IN WHICH ELIGIBILITY FOR CERTAIN SALES TAX EXEMPTIONS ARE DETERMINED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 1009 (Word version) -- Senators Corbin and Kimbrell: A BILL TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING ELECTIONS FOR MEMBERS OF THE SCHOOL DISTRICT BOARDS OF TRUSTEES IN SPARTANBURG COUNTY, SO AS TO PROVIDE THAT A VACANCY OCCURRING ON THE SPARTANBURG COUNTY SCHOOL DISTRICT 1 BOARD OF TRUSTEES FOR ANY REASON OTHER THAN EXPIRATION OF A TERM MUST BE FILLED BY A SPECIAL ELECTION CONDUCTED BY THE COUNTY BOARD OF VOTER REGISTRATION AND ELECTIONS FOR THE UNEXPIRED PORTION OF THE TERM AS PROVIDED IN SECTION 7-13-190.
Referred to Spartanburg Delegation
The Senate Amendments to the following Bill were taken up for consideration: H. 3444 (Word version) -- Reps. Lucas, McGarry, Burns, Haddon, Pope, McCravy, Forrest, Hosey, Caskey, McGinnis, Hixon, Hewitt, Bailey, W. Newton, Herbkersman, J. E. Johnson, Brittain, Erickson, Bradley, B. Newton, Fry, Crawford, S. Williams, Taylor, Huggins, Bryant, Blackwell and M. M. Smith: A BILL TO AMEND SECTION 7-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO RECONSTITUTE THE STATE ELECTION COMMISSION AND REVISE THE COMMISSION'S COMPOSITION, POWERS, AND DUTIES; AND TO AMEND SECTIONS 7-17-70 AND 7-17-220, BOTH RELATING TO MEETINGS OF THE STATE BOARD, SO AS TO MAKE CONFORMING CHANGES.
Reps. B. NEWTON, POPE, LUCAS, JORDAN, SIMRILL and W. NEWTON proposed the following Amendment No. 1A to H. 3444 (Word version) (COUNCIL\HB\3444C001.BH.HB22), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. A. Section 7-3-25 of the 1976 Code is amended to read:
"Section 7-3-25. (A) In the event that the State Election Commission, acting through its executive director, determines that a county board of elections and voter registration has failed to comply with applicable state or federal law or State Election Commission policies, and procedures, or standardized processes with regard to the conduct of the election or voter registration process, the State Election Commission, acting through its executive director or other designee, must supervise, pursuant to Section 7-3-20(C)(1) and (2), the county board to the extent necessary to:
(1) identify the failure to comply with state or federal law or State Election Commission policies, and procedures, or standardized processes;
(2) establish a plan to correct the failure; and
(3) implement the plan to correct the failure. The officials and employees of the State Election Commission and the county board must work together, in good faith, to remedy the failure of the county board to adhere to state or federal law or State Election Commission policies, procedures, or standardized processes. In the event of a difference of policy or opinion between a county election official or employee and the State Election Commission or its designee, pertaining to the manner in which particular functions must be performed, the policy or opinion of the State Election Commission shall control. (B) If a county board of voter registration and elections does not or cannot determine and certify the results of an election or referendum for which it is responsible by the time set for certification by applicable law, the responsibility to determine and certify the results is devolved upon the State Election Commission.
(C) If the State Election Commission determines that an official or an employee of a county board of voter registration and elections has negligently failed to comply with applicable state or federal law or State Election Commission policies, and procedures, or standardized processes with regard to the election or voter registration process or fails to comply with or cooperate with the corrective plan established by the State Election Commission or its designee under the provisions of subsection (A) the commission may order the decertification of that official or employee and if decertified the commission shall require that official to participate in a retraining program approved by the commission prior to recertification. If the commission finds that the failure to comply with state or federal law or State Election Commission policies, and procedures, or standardized processes by an official is wilful, it shall recommend the termination of that official to the Governor or it shall recommend termination of a staff member to the director of the appropriate county board of voter registration and elections."
B. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-110. (A) The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have an unconditional right to intervene on behalf of their respective bodies in a state court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.
(B) In a federal court action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted, the President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have standing to intervene as a party on behalf of their respective bodies, to file an amicus brief, or to provide evidence or argument, written or oral, in accordance with the federal rules of procedure, irrespective of whether any other officer of the State has appeared in the action.
(C) A federal court presiding over an action that challenges the validity of an election law, an election policy, or the manner in which an election is conducted is requested to allow the President, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, to intervene in any such action as a party. (D) The State Election Commission and the Attorney General must notify the President of the Senate and the Speaker of the House of Representatives within twenty-four hours of the receipt of service of a complaint that challenges the validity of an election law, an election policy, or the manner in which an election is conducted.
(E) In any action in which the Senate or the House of Representatives intervenes or participates pursuant to this section, the Senate and the House of Representatives must function independently from each other in the representation of their respective bodies, unless otherwise agreed to by the President of the Senate and the Speaker of the House of Representatives."
SECTION 2. Article 5, Chapter 15, Title 7 of the 1976 Code is amended by adding:
"Section 7-15-387. Notwithstanding another provision of law, a county board of voter registration and elections may not utilize absentee ballot drop boxes for receiving or collecting completed absentee ballots. Completed absentee ballots must be mailed or delivered personally to the county board of voter registration and elections. For purposes of this section, 'absentee ballot drop box' or 'drop box' means a secure receptacle established, provided, and operated by a county board of voter registration and elections, or another entity charged by law with conducting elections, for the purpose of receiving or collecting completed absentee ballots."
SECTION 3. The first paragraph of Section 7-11-15(A) of the 1976 Code, as last amended by Act 142 of 2018, is further amended to read: "(A) In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth as provided in this section. If March thirtieth is on a Saturday or Sunday, the time for filing extends to the next regular business day. For purposes of this section and Section 7-13-45, 'next regular business day' means a day that is not a Saturday, Sunday, or legal holiday. Notwithstanding another provision of law, all candidates from each political party in this State shall pay a filing fee, including candidates from parties that are not required to conduct a primary election. In addition to the filing fee required pursuant to this subsection, political parties also may charge a certification fee not to exceed the sum of one hundred dollars to all candidates seeking nomination by political party primary or political party convention."
SECTION 4. Section 7-3-20(C) of the 1976 Code is amended to read:
"(C) The executive director shall:
(1) supervise the conduct of county board of elections and voter registration, as established pursuant to Article 1, Chapter 5, which administer elections and voter registration in the State and ensure those boards' compliance with the requirements with applicable state or federal law or State Election Commission policies and procedures with regard to the conduct of elections or the voter registration process by all persons involved in the elections process;
(2) conduct reviews, audits, or other postelection analysis of county board of elections and voter registration, as established pursuant to Article 1, Chapter 5, to ensure those boards' compliance with the requirements with applicable state or federal law or State Election Commission policies and procedures with regard to the conduct of elections or the voter registration process by all persons involved in the elections process;
(3) establish methods of auditing election results. These methods may include risk-limiting audits, hand-count audits, results verification through independent third-party vendors that specialize in election auditing, ballot reconciliation, or any other method deemed appropriate by the executive director. Election result audits must be conducted in all statewide elections after the election concludes, but prior to certification by the State Board of Canvassers, and may be performed following any other election held in the State at the discretion of the executive director. Once completed, audit reports must be published on the commission's website;
(4) maintain a complete master file of all qualified electors by county and by precincts;
(4)(5) delete the name of any elector:
(a) who is deceased;
(b) who is no longer qualified to vote in the precinct where currently registered;
(c) who has been convicted of a disqualifying crime;
(d) who is otherwise no longer qualified to vote as may be provided by law; or (e) who requests in writing that his name be removed;
(5)(6) enter names on the master file as they are reported by the county boards of voter registration and elections;
(6)(7) furnish each county board of voter registration and elections with a master list of all registered voters in the county, together with a copy of all registered voters in each precinct of the county, at least ten days prior to each election. The precinct copies shall be used as the official list of voters;
(7)(8) maintain all information furnished his office relating to the inclusion or deletion of names from the master file for four years;
(8)(9) purchase, lease, or contract for the use of such equipment as may be necessary to properly execute the duties of his office, subject to the approval of the State Election Commission;
(9)(10) secure from the United States courts and federal and state agencies available information as to persons convicted of disqualifying crimes;
(10)(11) obtain information from any other source which may assist him in carrying out the purposes of this section;
(11)(12) perform such other duties relating to elections as may be assigned him by the State Election Commission;
(12)(13) furnish at reasonable price any precinct lists to a qualified elector requesting them;
(13)(14) serve as the chief state election official responsible for implementing and coordinating the state's responsibilities under the National Voter Registration Act of 1993;
(14)(15) serve as the chief state election official responsible for implementing and enforcing the state's responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), as set forth in the U.S.C., Title 42, Section 1973ff, et seq.; and
(15)(16) establish and maintain a statewide voter registration database that shall be administered by the commission and made continuously available to each county board of voter registration and elections and to other agencies as authorized by law; and
(17) report all suspected violations of the state's election laws to the South Carolina Attorney General and to the appropriate law enforcement agency when, in the executive director's professional capacity, he has received information that gives him reason to believe that an offense against the state's election laws has occurred."
"Section 7-5-50. No county board of voter registration and elections may accept or expend any funds other than public funds to prepare for or to conduct elections."
SECTION 6. A. On July 1, 2022, all municipal election commissions in this State are abolished and their duties, responsibilities, and functions are devolved upon the appropriate county boards of voter registration and elections.
B. Section 5-15-30 of the 1976 Code is amended to read:
"Section 5-15-30. If by action of a majority of council, or if fifteen percent of the registered municipal electors present to the municipal election commission county election board a duly executed petition on which none of the signatures is more than six months old, in which an election is sought to change the number of council members to a number authorized by the form of government under which the municipality is then operating or to change the method of election of council members, then the municipal governing body shall call a referendum not later than ninety days nor earlier than thirty days after the petition has been certified and delivered to the governing body by the municipal election commission county election board. A petition must be certified as valid or rejected by the municipal election commission county election board within sixty days after it has been delivered to the commission board. There may be only one question framed by the municipal governing body for the referendum in a format similar to that provided by Section 5-5-40, and no other election on the same question may be held for two years after that time. If more than one petition is received before publication of a notice of special election, the change sought in the petition bearing the highest number of qualified signatures must be submitted on the ballot. A change receiving a majority of the votes cast is effective at the next general election of the municipality."
C. Section 5-15-70 of the 1976 Code is amended to read:
"Section 5-15-70. Each municipal governing body shall determine by ordinance the time for filing nominating petitions, holding primary elections or conventions, the time for entry of candidates for nominations in municipal party primary elections or conventions, the time for closing of entries, and the time and manner of filing by candidates in nonpartisan elections. The municipal governing body may determine by ordinance that either filing a statement of candidacy or a petition with the municipal election commission county election board is required to place the name of the candidate on the ballot in nonpartisan general elections. However, no candidate's name may be placed on the ballot by petition in a general election conducted in accordance with the provisions of Section 5-15-63. If the municipal council determines that the petition method is used, the percentage of electors required on these petitions may not be less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate.
When a candidate's name is to be placed on the ballot by virtue of a primary election or convention, the party concerned shall certify the candidacy to the municipal election commission county election board not later than sixty days prior to the election. When the filing by statement of candidacy is authorized, the individual candidate shall file the statement with the commission county election board not later than sixty days prior to the election and the commission county election board shall place the name of the candidate upon the ballot. If the petition method is authorized, the candidate shall file the necessary petition with the municipal clerk seventy-five days prior to the general election concerned and the clerk shall deliver the petition to the commission county election board. The commission county election board shall examine the petition and determine its validity not later than sixty days prior to the general election concerned and when so validated, the commission county election board shall place the name of the petition candidate upon the ballot.
For nonpartisan special elections, if the petition method is authorized, the candidate shall file the petition with the municipal clerk not later than twelve o'clock noon, sixty days prior to the election. The commission county election board shall determine the validity of the petition not later than forty-five days prior to the election and when so validated, shall place the candidate's name on the ballot. If the statement of candidacy is authorized, these statements must be filed not later than twelve o'clock noon, forty-five days prior to the election.
For partisan special elections, petitions must be submitted pursuant to Section 7-13-190(B)."
D. Section 5-15-90 of the 1976 Code is amended to read:
"Section 5-15-90. (A) All municipal elections held under the provisions of this chapter must be conducted by a municipal election commission composed of three electors who must be residents of the municipality and who must be appointed by the municipal governing body. The terms of the members are six years except of those first appointed one shall serve a term of four years and one a term of two years county board of voter registration and elections.
(B)(1) Each municipal election commissioner and each staff person designated by the commission, shall complete, within eighteen months after a commissioner's initial appointment or his reappointment after a break in service, or within eighteen months after a staff person's initial employment or reemployment following a break in service, a training and certification program conducted by the State Election Commission. When a commissioner or staff person has successfully completed the training and certification program, the State Election Commission shall issue the commissioner or staff person a certification, whether or not the commissioner or staff person applies for the certification.
(2)(a) The provisions of this section do not exempt a member or staff person from completing the training and certification program required in item (1).
(b) A member appointed or reappointed after a break in service before the effective date of this section or a staff person employed or reemployed after a break in service before the effective date of this section shall successfully complete a training and certification program by the latter of:
(i) eighteen months after the member's appointment or reappointment after a break in service or the staff person's employment or reemployment after a break in service; or
(ii) ninety days after the effective date of this section.
(c) On and after the effective date of this section, a member appointed or reappointed after a break in service or a staff person employed or reemployed after a break in service shall complete the training and certification program required in item (1) within eighteen months after the member's appointment or reappointment after a break in service or staff person's employment or reemployment after a break in service.
(3) If a member does not fulfill the training and certification program as provided in this section, the municipal governing body, upon notification, shall remove that member from the board unless the municipal governing body grants the member an extension to complete the training and certification program based upon exceptional circumstances.
(4) Following completion of the training and certification program required in item (1), each commission member, and staff person designated by the commission, shall take at least one training course each year."
E. Section 5-15-110 of the 1976 Code is amended to read:
"Section 5-15-110. Candidates for municipal offices in any partisan or nonpartisan general election nominated by petition shall file the necessary petition with the municipal election commission county election board seventy-five days before the general election concerned. The commission county election board shall examine the petition and determine its validity not later than sixty days before the general election concerned. A nomination petition must bear the signatures of not less than five percent of the qualified electors of the geographical area of the office for which he offers as a candidate."
F. Section 5-15-120 of the 1976 Code is amended to read:
"Section 5-15-120. Immediately upon the closing of the polls at any municipal election, the managers shall count publicly the votes cast and make a statement of the whole number of votes cast in such election together with the number of votes cast for each candidate for mayor and councilman and transmit this information to the municipal election commission county election board. In partisan elections the person securing the highest number of votes for mayor shall be declared elected and the councilmen shall be selected by the following methods:
(a) When all councilmen are to be elected at large, the persons receiving the highest number of votes in number equal to the number to be chosen shall be declared elected.
(b) When the councilmen are to be elected from each ward and are required to be residents of that ward, the person receiving the highest number of votes in that ward shall be declared elected.
(c) When some councilmen are to be elected from each ward and required to be residents of that ward and the remainder of the councilmen to be elected at large, those persons receiving the highest number of votes in each ward shall be declared elected and those persons running at large who receive the highest number of votes in number equal to the number to be chosen at large shall be declared elected.
(d) When all councilmen are to be elected at large, but required to reside in a particular ward, the person receiving the highest number of votes for the seat to be filled shall be declared elected.
(e) When all councilmen are to be elected at large, but some are required to be residents of particular wards and other councilmen may not be so required, the person receiving the highest number of votes for the seat to be filled shall be declared elected.
Newly elected officers shall not be qualified until at least forty-eight hours after the closing of the polls and in the case a contest is finally filed the incumbents shall hold over until the contest is finally determined."
G. Section 5-15-125 of the 1976 Code is amended to read:
"Section 5-15-125. If any municipal election results in a tie, the municipal election commission county election board or the municipal party committee shall conduct a runoff election to break the tie two weeks following that election. In the tie-breaking runoff, the laws of this State apply, mutatis mutandi. If the date for the tie-breaking runoff election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday. If a tie-breaking runoff election is required, any remaining municipal elections required are postponed for two weeks. If the date of a postponed election falls on a legal holiday, it must be set for the same day of the first week following which is not a legal holiday."
H. Section 5-15-130 of the 1976 Code is amended to read:
"Section 5-15-130. Within forty-eight hours after the closing of the polls, any candidate may contest the result of the election as reported by the managers by filing a written notice of such contest together with a concise statement of the grounds therefor with the Municipal Election Commission county election board. Within forty-eight hours after the filing of such notice, the Municipal Election Commission county election board shall, after due notice to the parties concerned, conduct a hearing on the contest, decide the issues raised, file its report together with all recorded testimony and exhibits with the clerk of court of the county in which the municipality is situated, notify the parties concerned of the decisions made, and when the decision invalidates the election the council shall order a new election as to the parties concerned.
Neither the mayor nor any member of council shall be eligible to pass on the issues arising in any contest in which he is a party."
I. Section 5-15-140 of the 1976 Code is amended to read:
"Section 5-15-140. Within ten days after notice of the decision of the municipal election commission county election board any party aggrieved thereby may appeal from such decision to the court of common pleas. Notice of appeal shall be served on the opposing parties or their attorneys and filed in the office of the clerk of court within ten days. The notice of appeal shall act as a stay of further proceedings pending the appeal."
J. Sections 5-15-100 and 5-15-145 of the 1976 Code are repealed.
K. The Code Commissioner is directed to change any references to municipal election commissions to the appropriate county election board as may be necessary.
SECTION 7. Section 7-1-25 of the 1976 Code is amended to read:
"Section 7-1-25. (A) A person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile.
(B)(1) For voting purposes, a person has changed his domicile if he:
(1)(a) has abandoned his prior home; and
(2)(b) has established a new home, has a present intention to make that place his home, and has no present intention to leave that place.
(2) For voting purposes, a person also has changed his domicile if he enters another state, or another county or municipality within this State, and while there exercises the right of a citizen by voting.
(C) A person who leaves his home for temporary purposes only with the intention of returning and enters another state, or another county or municipality within this State, is not considered to have changed his domicile unless the person registers to vote or performs other acts indicating a desire to change his domicile.
(D) For voting purposes, a spouse may establish a separate domicile.
(D)(E) For voting purposes, factors to consider in determining a person's intention regarding his domicile include, but are not limited to:
(1) a voter's address reported on income tax returns;
(2) a voter's real estate interests, including the address for which the legal residence tax assessment ratio is claimed pursuant to Section 12-43-220(C);
(3) a voter's physical mailing address;
(4) a voter's address on driver's license or other identification issued by the Department of Motor Vehicles;
(5) a voter's address on legal and financial documents;
(6) a voter's address utilized for educational purposes, such as public school assignment and determination of tuition at institutions of higher education;
(7)(6) a voter's address on an automobile registration;
(8) a voter's address utilized for membership in clubs and organizations;
(9)(7) the location of a voter's personal property;
(10)(8) residence of a voter's parents, spouse, and children; and
(11) whether a voter temporarily relocated due to medical care for the voter or for a member of the voter's immediate family."
SECTION 8. A. Section 7-17-560 of the 1976 Code is amended to read:
"Section 7-17-560. The state executive committee must meet in Columbia at such place as may be designated by the chairman to hear and decide protests and contests that may arise in the case of federal officers, state officers, State Senate, State House of Representatives, and county officers, involving more than one county and less than county officers. Any protest or contest must be filed in writing with the chairman of the committee, together with a copy for each candidate in the race, not later than noon on Monday following the canvassing of the votes for these officers by the committee. However, service upon the chairman may be perfected by depositing at the office of the Chief of the State Law Enforcement Division a copy of the protest, together with a copy for each candidate in the race. The chief must take immediate steps to deliver these copies to the chairman. The protest must contain each ground thereof stated separately and concisely. The chairman of the committee must forthwith serve upon each candidate in the protested race a copy of the protest and serve a notice of the time and place of the meeting of the committee for the purposes of hearing the protest."
B. Sections 7-17-520, 7-17-530, 7-17-540, and 7-17-550 are repealed.
SECTION 9. The General Assembly finds that the sections presented in this act constitute one subject as required by Section 17, Article III of the South Carolina Constitution, 1895, in particular finding that each change and each topic relates directly to or in conjunction with other sections to the subject of election reform as clearly enumerated in the title.
The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in the act.
SECTION 12. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. B. NEWTON explained the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. B. NEWTON spoke in favor of the amendment.
Rep. OTT spoke against the amendment.
Rep. OTT raised the Point of Order that Amendment 1A required a fiscal impact statement.
The SPEAKER stated that the House Rules only required fiscal impact statements on specific types of bills and specific types of committee amendments. He stated that no rule required a fiscal impact to a House floor amendment. He overruled the Point of Order.
The question then recurred to the adoption of the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bannister Bennett Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cogswell Collins B. Cox W. Cox Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Gatch Gilliam Haddon Hardee Hayes Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Jones Jordan Ligon Long Lowe Lucas Magnuson May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Taylor Thayer Trantham West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Hart Henderson-Myers Henegan Hosey Howard J. L. Johnson K. O. Johnson King Kirby Matthews McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Rivers Robinson Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore R. Williams S. Williams
The amendment was then adopted.
I was on leave during the debate on H. 3444 (Word version) and I missed the vote on Amendment 1A. Had I been present, I would have voted in favor of Amendment 1A to H. 3444 (Word version).
Rep. Nathan Ballentine
Rep. McKNIGHT proposed the following Amendment No. 2A to
H. 3444 (Word version) (COUNCIL\ZW\3444C007.BH.ZW22), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Part and SECTION to read:
SECTION ___. Article 1, Chapter 19, Title 59 of the 1976 Code is amended BY ADDING:
"Section 59-19-360. Notwithstanding another provision of law, after June 30, 2022, all elections for school district trustees in this State must be conducted on a nonpartisan basis." /
Renumber sections to conform.
Amend title to conform.
Rep. MCKNIGHT explained the amendment.
Rep. B. NEWTON moved to table the amendment.
Rep. MCKNIGHT demanded the yeas and nays which were taken, resulting as follows:
Allison Bailey Bannister Bennett Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Collins B. Cox W. Cox Dabney Daning Davis Elliott Erickson Felder Forrest Fry Gagnon Gatch Gilliam Haddon Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Jones Jordan Ligon Long Lowe Lucas Magnuson May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Taylor Thayer Trantham West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Anderson Atkinson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Cogswell Dillard Finlay Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard J. L. Johnson K. O. Johnson King Kirby Matthews McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Rivers Robinson Rose Rutherford Stavrinakis Tedder Thigpen Weeks Wetmore R. Williams S. Williams
So, the amendment was tabled.
The SPEAKER granted Rep. GOVAN a leave of absence for the remainder of the day.
Rep. McKNIGHT proposed the following Amendment No. 3A to
H. 3444 (Word version) (COUNCIL\ZW\3444C008.AR.ZW22), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Part and SECTION to read:
SECTION ___. Article 13, Chapter 13, Title 8 of the 1976 Code is amended BY ADDING:
"Section 8-13-1315. Notwithstanding another provision of law, after June 30, 2022, a candidate for any school district board of trustees in this State may not expend more than five hundred dollars in the aggregate during an election cycle to influence the outcome of the candidate's election." /
Renumber sections to conform.
Amend title to conform.
Rep. MCKNIGHT explained the amendment.
Rep. B. NEWTON moved to table the amendment.
The amendment was then tabled by a division vote of 64 to 31.
Rep. KING proposed the following Amendment No. 4A to H. 3444 (Word version) (COUNCIL\HB\3444C002.BH.HB22), which was tabled:
Amend the bill, as and if amended, by deleting SECTION 3 and inserting:
/SECTION 3. A. The first paragraph of Section 7-11-15(A) of the 1976 Code, as last amended by Act 142 of 2018, is further amended to read:
"(A) In order to qualify as a candidate to run in the general election, all candidates seeking nomination by political party primary or political party convention must file a statement of intention of candidacy and party pledge and submit any filing fees between noon on March sixteenth and noon on March thirtieth as provided in this section. If March thirtieth is on a Saturday or Sunday, the time for filing extends to the next regular business day. For purposes of this section and Section 7-13-45, 'next regular business day' means a day that is not a Saturday, Sunday, or legal holiday. Notwithstanding another provision of law, no candidate seeking nomination from any political party in this State may be required to pay a filing fee of any kind."
B. Section 7-13-40 of the 1976 Code is amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county boards of voter registration and elections on the second Tuesday in June of each general election year, and a second and third primary each two weeks successively thereafter, if necessary. Written certification of the names of all candidates to be placed on primary ballots must be made by the political party chairman, vice chairman, or secretary to the State Election Commission or the county board of voter registration and elections whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April fifth, or if April fifth falls on a Saturday or Sunday, not later than twelve o'clock noon on the following Monday. Political parties nominating candidates by party primary must verify the qualifications of those candidates prior to certification to the appropriate election commission of the names of candidates to be placed on primary ballots. The written verification required by this section must contain a statement that each candidate certified meets, or will meet by the time of the general election, or as otherwise required by law, the qualifications for office for which he has filed. A political party must not certify any candidate who does not or will not by the time of the general election, or as otherwise required by law, meet the qualifications for the office for which the candidate has filed, and such candidate's name shall not be placed on a primary ballot. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting primary elections and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater Notwithstanding another provision of law, no candidate filing to run in any primary, including a municipal primary, in this State may be required to pay a filing fee of any kind." /
Renumber sections to conform. Amend title to conform.
Rep. KING explained the amendment.
Rep. B. NEWTON 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:
Allison Atkinson Bailey Bannister Bennett Blackwell Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Gatch Gilliam Gilliard Haddon Hardee Hayes Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Jones Jordan Ligon Long Lowe Lucas Magnuson May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Stavrinakis Taylor Thayer Trantham Weeks West White Whitmire Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Dillard Garvin Hart Henderson-Myers Henegan Hosey Howard J. L. Johnson K. O. Johnson King Matthews McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Rivers Robinson Rose Rutherford Tedder Thigpen R. Williams S. Williams
So, the amendment was tabled.
Rep. OTT proposed the following Amendment No. 5A to H. 3444 (Word version) (COUNCIL\DG\3444C001.NBD.DG22), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 7-3-10 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) The commission and the executive director shall have the powers and duties as enumerated in this title, including plenary authority to supervise and standardize the performance, conduct, and practices of the county board of elections and voter registration, as established pursuant to Article 1, Chapter 5 to administer elections and voter registration in the State and ensure those boards' compliance with applicable state or federal law or State Election Commission policies, procedures, and regulations regarding the conduct of elections or the voter registration process by all persons involved in the elections process. The State Election Commission may promulgate regulations necessary to effectuate the provisions of this subsection."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Rep. B. NEWTON moved to table the amendment.
Rep. R. WILLIAMS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bannister Bennett Blackwell Bradley Brittain Bryant Burns Bustos Calhoon Carter Caskey Chumley Cogswell Collins B. Cox W. Cox Crawford Dabney Daning Davis Elliott Erickson Felder Finlay Forrest Fry Gagnon Gatch Gilliam Haddon Hardee Hayes Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Jones Jordan Ligon Long Lowe Lucas Magnuson May McCabe McCravy McGarry McGinnis T. Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Nutt Oremus Pope Sandifer Simrill G. M. Smith G. R. Smith M. M. Smith Taylor Thayer Trantham White Whitmire Willis Wooten Yow
Alexander Anderson Atkinson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Dillard Garvin Gilliard Hart Henderson-Myers Henegan Hosey Howard J. L. Johnson K. O. Johnson King Kirby Matthews McDaniel McKnight J. Moore Murray Ott Parks Pendarvis Rivers Robinson Stavrinakis Tedder Thigpen Weeks Wetmore R. Williams S. Williams
So, the amendment was tabled.
Rep. McKNIGHT proposed the following Amendment No. 6A to
H. 3444 (Word version) (COUNCIL\ZW\3444C009.AR.ZW22), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered Part and SECTION to read:
SECTION ___. Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1329. Notwithstanding another provision of law, after June 30, 2022, a candidate for any school district board of trustees in this State, is prohibited from soliciting or accepting a campaign contribution as defined by Section 8-13-1300(7)." /
Renumber sections to conform.
Amend title to conform.
Rep. MCKNIGHT explained the amendment.
Rep. HIOTT moved to table the amendment.
The amendment was then tabled by a division vote of 70 to 29.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
Rep. TAYLOR moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4947 (Word version) -- Reps. Jordan, Alexander, Hayes, Lowe, M. M. Smith, Kirby, Anderson and Henegan: A BILL TO AMEND SECTION 59-112-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE AIKEN CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA AND AIKEN TECHNICAL COLLEGE TO OFFER IN-STATE TUITION TO STUDENTS WHOSE LEGAL RESIDENCE IS IN CERTAIN BORDER COUNTIES IN THE STATE OF GEORGIA, SO AS TO PROVIDE FRANCIS MARION UNIVERSITY MAY OFFER IN-STATE TUITION TO STUDENTS WHOSE LEGAL RESIDENCE IS IN CERTAIN BORDER COUNTIES IN THE STATE OF NORTH CAROLINA IN CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works
H. 4948 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-5-535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS AUTHORIZED TO VIEW PHOTOGRAPHS AND VIDEOS OF AN AUTOPSY, SO AS TO RESTRUCTURE THE CIRCUMSTANCES UNDER WHICH PHOTOGRAPHS AND VIDEOS OF AN AUTOPSY MAY BE DISSEMINATED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4949 (Word version) -- Reps. McKnight, Henegan, Allison, Trantham, Matthews, Erickson, Oremus, Bernstein, Brawley, Wetmore and Davis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-35 SO AS TO ALLOW MAGISTRATES TO ISSUE EX PARTE ORDERS OF PROTECTION IN CERTAIN CIRCUMSTANCES; AND TO AMEND SECTIONS 20-4-30, 20-4-50, AND 20-4-90, ALL RELATING TO ORDERS OF PROTECTION, SO AS TO MAKE CONFORMING CHANGES, AND FOR OTHER PURPOSES.
Referred to Committee on Judiciary
Rep. HIXON moved that the House do now adjourn, which was agreed to.
At 4:31 p.m. the House, in accordance with the motion of Rep. BERNSTEIN, adjourned in memory of Cynthia White Williams, to meet at 10:00 a.m. tomorrow.
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