South Carolina General Assembly
124th Session, 2021-2022
Journal of the House of Representatives

NO. 21

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 12, 2021
________

WEDNESDAY, FEBRUARY 16, 2022
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the SPEAKER, as follows:

Our thought for today is from Psalms 130:6: "My soul waits for the Lord more than those who watch for the morning."

Let us pray. Almighty and merciful God, come to the aid of Your people as they work for the people of South Carolina. Guide them in every step along the way of making laws that will benefit all. Bless our defenders of freedom and first responders as they care for us. Be the guiding light for our World, Nation, President, State, Governor, Speaker, Staff, and all who give of their talents for this great experiment. Continue Your blessings on our men and women who 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.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. D. C. MOSS moved that when the House adjourns, it adjourn in memory of Jeffery Lynn McCraw, son of former Representative DeWitt McCraw, which was agreed to.

STATEMENT BY REP. BRAWLEY

Rep. BRAWLEY made a statement relative to the historic contributions of Harvey Gantt.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                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. 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                 T. Moore
Morgan                   D. C. Moss               V. S. Moss
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
Yow                                               

Total Present--115

LEAVE OF ABSENCE

The SPEAKER granted Rep. JEFFERSON a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. MOORE a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. S. WILLIAMS a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Jilian Rinehart Sansbury of Myrtle Beach was the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

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."

CO-SPONSOR ADDED

Bill Number:   H. 3120 (Word version)
Date:   ADD:
02/16/22   CARTER

CO-SPONSORS ADDED

Bill Number:   H. 3134 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSORS ADDED

Bill Number:   H. 3247 (Word version)
Date:   ADD:
02/16/22   HIXON, BLACKWELL, CRAWFORD, FRY and R. WILLIAMS

CO-SPONSORS ADDED

Bill Number:   H. 3346 (Word version)
Date:   ADD:
02/16/22   CALHOON, HIXON and CARTER

CO-SPONSOR ADDED

Bill Number:   H. 3513 (Word version)
Date:   ADD:
02/16/22   WHITE

CO-SPONSOR ADDED

Bill Number:   H. 3568 (Word version)
Date:   ADD:
02/16/22   WHITE

CO-SPONSORS ADDED

Bill Number:   H. 3569 (Word version)
Date:   ADD:
02/16/22   KING and MCDANIEL

CO-SPONSORS ADDED

Bill Number:   H. 4146 (Word version)
Date:   ADD:
02/16/22   THAYER, WHITE and WEST

CO-SPONSOR ADDED

Bill Number:   H. 4343 (Word version)
Date:   ADD:
02/16/22   WHITE

CO-SPONSORS ADDED

Bill Number:   H. 4535 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSORS ADDED

Bill Number:   H. 4558 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4563 (Word version)
Date:   ADD:
02/16/22   G. R. SMITH

CO-SPONSORS ADDED

Bill Number:   H. 4567 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSORS ADDED

Bill Number:   H. 4601 (Word version)
Date:   ADD:
02/16/22   ATKINSON and HAYES

CO-SPONSORS ADDED

Bill Number:   H. 4605 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSORS ADDED

Bill Number:   H. 4608 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSOR ADDED

Bill Number:   H. 4614 (Word version)
Date:   ADD:
02/16/22   W. COX

CO-SPONSORS ADDED

Bill Number:   H. 4817 (Word version)
Date:   ADD:
02/16/22   WHEELER and R. WILLIAMS

CO-SPONSORS ADDED

Bill Number:   H. 4870 (Word version)
Date:   ADD:
02/16/22   THAYER and WHITE

CO-SPONSORS ADDED

Bill Number:   H. 4879 (Word version)
Date:   ADD:
02/16/22   BRADLEY and TAYLOR

CO-SPONSORS ADDED

Bill Number:   H. 4956 (Word version)
Date:   ADD:
02/16/22   POPE, LIGON and WETMORE

S. 862--DEBATE ADJOURNED

The following Bill was taken up:

S. 862 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 5 OF ACT 184 OF 2020, RELATING TO THE CONSOLIDATION OF THE HAMPTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DISTRICT RECEIVES FUNDS, AND TO VEST THE DISTRICT WITH TOTAL FISCAL AUTONOMY IN 2025.

Rep. RIVERS moved to adjourn debate on the Bill, which was agreed to.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:

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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

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.

H. 4538--DEBATE ADJOURNED

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. HIOTT moved to adjourn debate on the Bill, which was agreed to.

H. 4408--INTERRUPTED DEBATE

The following Joint Resolution was taken up:

H. 4408 (Word version) -- Rep. G. M. Smith: A JOINT RESOLUTION TO AUTHORIZE THE EXPENDITURE OF FEDERAL FUNDS DISBURSED TO THE STATE IN THE AMERICAN RESCUE PLAN ACT OF 2021, AND TO SPECIFY THE MANNER IN WHICH THE FUNDS MAY BE EXPENDED.

The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4408 (Word version) (COUNCIL\DG\4408C001.NBD.DG22):
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/   Part I
Authorization to Expend Federal Funds

SECTION   1.   (A)   The source of revenue authorized for expenditure in this SECTION is the State Fiscal Recovery Funds disbursed to the State pursuant to the federal "American Rescue Plan Act of 2021," Public Law No. 117-2, (hereinafter referred to as "ARPA"). The expenditure authorizations contained in this SECTION are for the maximum amounts that may be disbursed or expended by the receiving governmental entity. All disbursals and expenditures must be made in compliance with the provisions contained in this act. The receiving entities are:

(1)   Department of Transportation                               $453,499,758

Of the amount authorized for expenditure by the Department of Transportation $297,462,293 is reimbursement for general fund and Education Improvement Act revenue not collected and $156,037,465 is reimbursement for motor fuel user fee revenue not collected due to the COVID-19 pandemic as calculated by the Executive Budget Office.

(2)   Rural Infrastructure Authority                             $800,000,000

(3)   Office of Regulatory Staff                                 $400,000,000

(4)   Office of Resilience                                       $100,000,000

(5)   Department of Administration                                 $8,000,000

(B)   If any disbursement to any recipient, or subrecipient, resulting from an authorization contained in this SECTION is disallowed by federal law, regulation, or order, then the recipient or subrecipient promptly shall return the disbursed funds to the disbursing entity.

Part II
Directives to State Agencies Concerning the Authorization to Expend Federal Funds

Department of Transportation
SECTION   2.   There is established in the State Treasury an account to be known as the Transportation Infrastructure Acceleration Account. The account is separate from the general fund of the State and all other funds and accounts. The account shall consist of the federal funds authorized pursuant to subsection (A)(1) of SECTION 1 of this act. The funds in the Transportation Infrastructure Acceleration Account must be used by the Department of Transportation to accelerate completion of projects included in the Statewide Transportation Improvement Program. These funds are not intended to satisfy state matching requirements for any other federal grants to the extent that such use is disallowed by ARPA.
SECTION   3.   Funds in the Transportation Infrastructure Acceleration Account may be released to the Department of Transportation upon the direction of the Executive Budget Office. The Executive Budget Office may not direct the release of funds until the Department of Transportation has submitted its plans for the funds to the Joint Bond Review Committee for its review and comment.
Rural Infrastructure Authority
SECTION   4.   There is established in the State Treasury an account to be known as the ARPA Water and Sewer Infrastructure Account. The account is separate from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(2) of SECTION 1 of this act. The funds in the ARPA Water and Sewer Infrastructure Account must be used by the Rural Infrastructure Authority to administer and operate three grant programs designed to provide for improvements in water, wastewater, and stormwater infrastructure throughout the State. In each of the three grant programs, units of local government, special purpose districts, commissions of public works, and joint municipal organizations may apply for grants. A unit of local government may apply for a grant on behalf of nonprofit water and sewer systems. Grants may be awarded for the completion of water, wastewater, and stormwater projects as defined in ARPA.
SECTION   5.   (A)   The Rural Infrastructure Authority shall utilize $800,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate, in cooperation with the Department of Health and Environmental Control, a competitive infrastructure grant program. Of the funds in the account for the competitive infrastructure grant program, the Rural Infrastructure Authority may allocate up to $6,000,000 of the funds for its administrative costs and shall transfer up to $6,000,000 to the Department of Health and Environmental Control for related permitting activities. The Rural Infrastructure Authority shall transfer five hundred thousand dollars to each of the ten South Carolina Councils of Government for planning assistance, development of grant application proposals, and compliance assistance related to improvements in water, wastewater, and stormwater infrastructure for smaller systems.

(B)   Grants pursuant to this program must be issued equitably based upon established priorities and parameters. Applicants may request up to ten million dollars for each project or application. Awards must be made from the funds authorized for the competitive infrastructure grant program, less any amounts allocated for purposes designated in subsection (A).

(C)   Local financial support is required for each grant award and must be committed in writing and available prior to project bidding. Design, engineering, and other nonconstruction costs are considered part of the local financial support. For large utilities, the local financial support must be equal to or greater than twenty-five percent of the project cost. For small and medium utilities, the local financial support must be equal to or greater than fifteen percent of the project cost. For purposes of this subsection, large utilities are defined as those serving a population equal to or greater than thirty thousand people, and small and medium utilities are defined as those serving a population of less than thirty thousand people, or located in a Tier III or Tier IV county at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(D)   Priority consideration must be given to applications for projects based upon a comparative analysis in the following relative order of need:

(1)   regional solutions - projects that implement solutions that impact multiple systems;

(2)   water quality - projects that address consent orders, violations, or other public health or environmental impacts;

(3)   resilience and storm protection - projects that help utilities prepare for emergencies;

(4)   other aging infrastructure - projects that upgrade or replace infrastructure that has exceeded its useful life; and

(5)   capacity - projects that improve service for existing residents while preparing for future opportunities.

(E)   To provide for equitable distribution of funds from the account, the following factors must be considered when awarding grants:

(1)   documented priority needs;

(2)   the transformational impact of the project on the relevant community;

(3)   the extent to which additional funds may be leveraged by the grant;

(4)   the readiness of the applicant to proceed with the project and meet program deadlines;

(5)   the project's feasibility; and

(6)   geographic diversity.
SECTION   6.   (A)   The Rural Infrastructure Authority shall utilize $20,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate a planning grant program for very small water systems. This program will assist very small systems that are unable to provide the required local investment for the competitive infrastructure grant program or that cannot identify a competitive project for assistance. Applicants for grants from this program must identify the assistance needed. Grants from this program may be awarded in an amount up to one million dollars per system. For purposes of this section, a very small water system is defined as a water system serving a population equal to or less than three thousand three hundred.

(B)   Grant recipients may utilize grant funding pursuant to this program for approved purposes including, but not limited to, capital improvement planning, rate studies and other financial assessments, asset management, smoke testing, mapping, televising of lines and other necessary analyses, as well as preliminary planning and design for capital improvement projects. As a condition for receiving a grant pursuant to this program, recipients must demonstrate the intent to implement the recommendations arising from approved planning assistance.
SECTION   7.   (A)   The Rural Infrastructure Authority shall utilize $50,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate a regional solutions grant program. Applicants may request up to ten million dollars per project or application. The maximum grant request may be waived by the Rural Infrastructure Authority if the proposed project provides a regional solution that will result in consolidation or for projects located in Tier III or Tier IV counties at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(B)   Local financial support equal to or greater than fifteen percent of the cost of the project is required for each grant award and must be committed in writing and available prior to project bidding. Design, engineering, and other nonconstruction costs are considered part of the local financial support. The local financial support requirement may be waived by the Rural Infrastructure Authority if the proposed project provides a regional solution that will result in consolidation or for projects located in Tier III or Tier IV counties at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(C)   Priority consideration will be given to applications for projects based upon a comparative analysis in the following relative order of need:

(1)   the project results in a consolidation or operating agreement with at least one small system with viability concerns;

(2)   the project results in an expanded partnership agreement with at least one small system with viability concerns; and

(3)   the project results in a consolidation or operating agreement with other systems.

(D)   To provide for equitable distribution of funds from the account, the following factors must be considered when awarding grants:

(1)   documented priority needs;

(2)   the transformational impact of the project on the relevant community;

(3)   the extent to which additional funds may be leveraged by the grant;

(4)   the readiness of the applicant to proceed with the project and meet program deadlines;

(5)   the project's feasibility; and

(6)   geographic diversity.
SECTION   8.   The Rural Infrastructure Authority is permitted to modify or waive the program parameters of SECTIONS 4, 5, 6 and 7 to ensure the timely and equitable distribution of funds in compliance with federal guidelines for these funds. Modifications to funding amounts authorized for specific use by each program first must be submitted with justification to the Joint Bond Review Committee for review and comment. The Rural Infrastructure Authority shall submit a report of all other modifications to the Joint Bond Review Committee.
Office of Regulatory Staff
SECTION   9.   There is established in the State Treasury an account to be known as the ARPA Broadband Account. This account is separate and distinct from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(3) of SECTION 1 of this act. The funds in the ARPA Broadband Account must be used to expand broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services.
SECTION   10.   (A)   The Office of Broadband Coordinator within the Office of Regulatory Staff, is authorized to expend funds from the ARPA Broadband Account to:

(1)   administer a grant program to expand broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services;

(2)   provide technical assistance and coordination;

(3)   host and participate in stakeholder discussions and advisory groups;

(4)   support continued mapping efforts including, but not limited to, costs associated with storage, security, and data collection;

(5)   engage in and undertake such other activities related to or necessary to fulfilling the requirements of expanding broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services;

(6)   expend funds for alternative and enabling technologies including, but not limited to, wireless broadband service, low earth orbit satellite, middle-mile fiber, enhanced cellular service, and carrier neutral broadband infrastructure; and

(7)   reimburse any state funds as may be allowed by ARPA, or related guidance issued by the United States Department of the Treasury, for reasonable costs associated with administering the grant program and fulfilling the Office of Broadband Coordinator's obligations established by this act.

(B)   All expenditures, reimbursements, and grants awarded by the Office of Broadband Coordinator must be in compliance with ARPA and the methods and guidance issued by the United States Department of Treasury for the allocation and oversight of ARPA funding.
SECTION   11.   (A)   The Office of Broadband Coordinator may award grants from the ARPA Broadband Account to broadband service providers and other entities for authorized projects that achieve the purpose of expanding broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services.

(B)   Electric Cooperatives that own broadband facilities pursuant to the provisions of Article 25, Chapter 9, Title 58 of the 1976 Code, the Broadband Accessibility Act, are eligible to receive grants from the ARPA Broadband Account.

(C)   Grants may be disbursed to recipients in tranches. The number and amount of funding in each tranche must be determined by the Office of Broadband Coordinator.
SECTION   12.   (A)   Grant recipients and other entities receiving funds pursuant to SECTION 11 shall report to the Office of Broadband Coordinator concerning the progress of the recipient's project. The reports shall provide the most accurate and granular representation of then-currently available broadband infrastructure installed by the recipient, the type of technology installed, the sustainable download and upload speeds available at each serviceable location, and other information that the Office of Broadband Coordinator requires.

(B)   The Office of Broadband Coordinator shall maintain as confidential all individual company-designated proprietary information. All such individual proprietary information is exempt from the provisions contained in Chapter 4 of Title 30 of the 1976 Code, the South Carolina Freedom of Information Act.

(C)   The Office of Regulatory Staff is authorized to contract with broadband service providers and to procure professional grant management, vendor, consulting, or other services for oversight and compliance of funds designated, granted, and disbursed pursuant to this act and for other purposes as the Office of Regulatory Staff may determine necessary to implement the purposes of this act.

(D)   It is vital to the state's interest that grant funds be awarded for the deployment of broadband infrastructure in rural communities in the most expeditious manner possible. Accordingly, contracting with broadband service providers and the procurement of professional grant management, vendor, consulting, or other services and pursuant to this act must be done pursuant to the provisions of Section 11-35-1570 of the 1976 Code. The Executive Director of the Office of Regulatory Staff shall coordinate the process used to contract with broadband service providers and to procure grant management, vendor, or consulting services and is responsible for the development of specifications to be included in any contract awarded. The State Fiscal Accountability Authority shall serve as the procuring officer for the procurement process and is responsible for administrative duties related to the process and the contract awarded. The State Fiscal Accountability Authority shall assign personnel as necessary to assist the Office of Regulatory Staff in carrying out its duties under this act.
Office of Resilience
SECTION   13.   (A) There is established in the State Treasury an account to be known as the ARPA Office of Resilience Account. This account is separate and distinct from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(4) of SECTION 1 of this act. The funds in the ARPA Resilience Account must be used to complete stormwater infrastructure projects and acquisitions of property in the floodplain throughout the State to lessen the impacts of future flood events.

(B)   All expenditures, reimbursements, and grants awarded by the Office of Resilience must be in compliance with ARPA and the methods and guidance issued by the United States Department of Treasury for the allocation and oversight of ARPA funding.
Department of Administration
SECTION   14.   The Department of Administration is authorized to expend up to $8,000,000 of the federal funds authorized pursuant to subsection (A)(1) of SECTION 1 of this act for contracting for professional grant management services of ARPA funds and other federal COVID-19 relief funds.

Part III
Miscellaneous Provisions

SECTION   15.   The expenditure authorizations contained in this act are supplemental to the expenditure authorizations for receiving entities as contained in Act 94 of 2021, the General Appropriations Act for Fiscal Year 2021-2022, and future expenditure authorizations enacted by the General Assembly through December 31, 2026.
SECTION   16.   Earnings and interest on accounts created pursuant to this act must be credited to the account and any balance at the end of the fiscal year carries forward to the account in the succeeding fiscal year for the same purpose.
SECTION   17.   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 authorizing the disbursal and expenditure of federal funds received by the State pursuant to ARPA 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   18.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   19.   This act takes effect upon approval by the Governor.   /
Renumber sections to conform.
Amend title to conform.

Rep. BANNISTER explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FINLAY a temporary leave of absence.

Rep. BANNISTER spoke in favor of the amendment.
Rep. COBB-HUNTER spoke upon the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

Rep. FORREST moved that the House recur to the morning hour, which was agreed to.

S. 862--ORDERED TO THIRD READING

The following Bill was taken up:

S. 862 (Word version) -- Senators Hutto and Matthews: A BILL TO AMEND SECTION 5 OF ACT 184 OF 2020, RELATING TO THE CONSOLIDATION OF THE HAMPTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE MANNER IN WHICH THE DISTRICT RECEIVES FUNDS, AND TO VEST THE DISTRICT WITH TOTAL FISCAL AUTONOMY IN 2025.

The yeas and nays were taken resulting as follows:

Yeas 100; Nays 7

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bernstein                Blackwell
Bradley                  Brawley                  Brittain
Bryant                   Burns                    Bustos
Calhoon                  Carter                   Caskey
Chumley                  Clyburn                  Cobb-Hunter
Cogswell                 Collins                  B. Cox
W. Cox                   Crawford                 Daning
Davis                    Elliott                  Felder
Finlay                   Forrest                  Fry
Gagnon                   Garvin                   Gatch
Gilliard                 Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Hewitt                   Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     J. E. Johnson
J. L. Johnson            K. O. Johnson            Jordan
King                     Kirby                    Ligon
Long                     Lucas                    Matthews
May                      McCabe                   McDaniel
McGarry                  McGinnis                 McKnight
T. Moore                 D. C. Moss               V. S. Moss
B. Newton                W. Newton                Nutt
Oremus                   Ott                      Parks
Pendarvis                Pope                     Rivers
Rose                     Rutherford               Sandifer
Simrill                  G. M. Smith              M. M. Smith
Stavrinakis              Taylor                   Tedder
Thayer                   Thigpen                  Trantham
Weeks                    West                     Wetmore
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                                            

Total--100

Those who voted in the negative are:

Dabney                   Gilliam                  Hill
Jones                    Magnuson                 McCravy
Morgan                                            

Total--7

So, the Bill was read the second time and ordered to third reading.

H. 4538--DEBATE ADJOURNED

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. HIOTT moved to adjourn debate on the Bill, which was agreed to.

H. 4408--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 1:

H. 4408 (Word version) -- Rep. G.M. Smith: A JOINT RESOLUTION TO AUTHORIZE THE EXPENDITURE OF FEDERAL FUNDS DISBURSED TO THE STATE IN THE AMERICAN RESCUE PLAN ACT OF 2021, AND TO SPECIFY THE MANNER IN WHICH THE FUNDS MAY BE EXPENDED.

The Committee on Ways and Means proposed the following Amendment No. 1 to H. 4408 (Word version) (COUNCIL\DG\4408C001.NBD.DG22), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/   Part I
Authorization to Expend Federal Funds

SECTION   1.   (A)   The source of revenue authorized for expenditure in this SECTION is the State Fiscal Recovery Funds disbursed to the State pursuant to the federal "American Rescue Plan Act of 2021," Public Law No. 117-2, (hereinafter referred to as "ARPA"). The expenditure authorizations contained in this SECTION are for the maximum amounts that may be disbursed or expended by the receiving governmental entity. All disbursals and expenditures must be made in compliance with the provisions contained in this act. The receiving entities are:

(1)   Department of Transportation                               $453,499,758

Of the amount authorized for expenditure by the Department of Transportation $297,462,293 is reimbursement for general fund and Education Improvement Act revenue not collected and $156,037,465 is reimbursement for motor fuel user fee revenue not collected due to the COVID-19 pandemic as calculated by the Executive Budget Office.

(2)   Rural Infrastructure Authority                             $800,000,000

(3)   Office of Regulatory Staff                                 $400,000,000

(4)   Office of Resilience                                       $100,000,000

(5)   Department of Administration                                 $8,000,000

(B)   If any disbursement to any recipient, or subrecipient, resulting from an authorization contained in this SECTION is disallowed by federal law, regulation, or order, then the recipient or subrecipient promptly shall return the disbursed funds to the disbursing entity.

Part II
Directives to State Agencies Concerning the Authorization to Expend Federal Funds

Department of Transportation
SECTION   2.   There is established in the State Treasury an account to be known as the Transportation Infrastructure Acceleration Account. The account is separate from the general fund of the State and all other funds and accounts. The account shall consist of the federal funds authorized pursuant to subsection (A)(1) of SECTION 1 of this act. The funds in the Transportation Infrastructure Acceleration Account must be used by the Department of Transportation to accelerate completion of projects included in the Statewide Transportation Improvement Program. These funds are not intended to satisfy state matching requirements for any other federal grants to the extent that such use is disallowed by ARPA.
SECTION   3.   Funds in the Transportation Infrastructure Acceleration Account may be released to the Department of Transportation upon the direction of the Executive Budget Office. The Executive Budget Office may not direct the release of funds until the Department of Transportation has submitted its plans for the funds to the Joint Bond Review Committee for its review and comment.
Rural Infrastructure Authority
SECTION   4.   There is established in the State Treasury an account to be known as the ARPA Water and Sewer Infrastructure Account. The account is separate from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(2) of SECTION 1 of this act. The funds in the ARPA Water and Sewer Infrastructure Account must be used by the Rural Infrastructure Authority to administer and operate three grant programs designed to provide for improvements in water, wastewater, and stormwater infrastructure throughout the State. In each of the three grant programs, units of local government, special purpose districts, commissions of public works, and joint municipal organizations may apply for grants. A unit of local government may apply for a grant on behalf of nonprofit water and sewer systems. Grants may be awarded for the completion of water, wastewater, and stormwater projects as defined in ARPA.
SECTION   5.   (A)   The Rural Infrastructure Authority shall utilize $800,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate, in cooperation with the Department of Health and Environmental Control, a competitive infrastructure grant program. Of the funds in the account for the competitive infrastructure grant program, the Rural Infrastructure Authority may allocate up to $6,000,000 of the funds for its administrative costs and shall transfer up to $6,000,000 to the Department of Health and Environmental Control for related permitting activities. The Rural Infrastructure Authority shall transfer five hundred thousand dollars to each of the ten South Carolina Councils of Government for planning assistance, development of grant application proposals, and compliance assistance related to improvements in water, wastewater, and stormwater infrastructure for smaller systems.

(B)   Grants pursuant to this program must be issued equitably based upon established priorities and parameters. Applicants may request up to ten million dollars for each project or application. Awards must be made from the funds authorized for the competitive infrastructure grant program, less any amounts allocated for purposes designated in subsection (A).

(C)   Local financial support is required for each grant award and must be committed in writing and available prior to project bidding. Design, engineering, and other nonconstruction costs are considered part of the local financial support. For large utilities, the local financial support must be equal to or greater than twenty-five percent of the project cost. For small and medium utilities, the local financial support must be equal to or greater than fifteen percent of the project cost. For purposes of this subsection, large utilities are defined as those serving a population equal to or greater than thirty thousand people, and small and medium utilities are defined as those serving a population of less than thirty thousand people, or located in a Tier III or Tier IV county at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(D)   Priority consideration must be given to applications for projects based upon a comparative analysis in the following relative order of need:

(1)   regional solutions - projects that implement solutions that impact multiple systems;

(2)   water quality - projects that address consent orders, violations, or other public health or environmental impacts;

(3)   resilience and storm protection - projects that help utilities prepare for emergencies;

(4)   other aging infrastructure - projects that upgrade or replace infrastructure that has exceeded its useful life; and

(5)   capacity - projects that improve service for existing residents while preparing for future opportunities.

(E)   To provide for equitable distribution of funds from the account, the following factors must be considered when awarding grants:

(1)   documented priority needs;

(2)   the transformational impact of the project on the relevant community;

(3)   the extent to which additional funds may be leveraged by the grant;

(4)   the readiness of the applicant to proceed with the project and meet program deadlines;

(5)   the project's feasibility; and

(6)   geographic diversity.
SECTION   6.   (A)   The Rural Infrastructure Authority shall utilize $20,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate a planning grant program for very small water systems. This program will assist very small systems that are unable to provide the required local investment for the competitive infrastructure grant program or that cannot identify a competitive project for assistance. Applicants for grants from this program must identify the assistance needed. Grants from this program may be awarded in an amount up to one million dollars per system. For purposes of this section, a very small water system is defined as a water system serving a population equal to or less than three thousand three hundred.

(B)   Grant recipients may utilize grant funding pursuant to this program for approved purposes including, but not limited to, capital improvement planning, rate studies and other financial assessments, asset management, smoke testing, mapping, televising of lines and other necessary analyses, as well as preliminary planning and design for capital improvement projects. As a condition for receiving a grant pursuant to this program, recipients must demonstrate the intent to implement the recommendations arising from approved planning assistance.
SECTION   7.   (A)   The Rural Infrastructure Authority shall utilize $50,000,000 of the funds in the ARPA Water and Sewer Infrastructure Account to operate a regional solutions grant program. Applicants may request up to ten million dollars per project or application. The maximum grant request may be waived by the Rural Infrastructure Authority if the proposed project provides a regional solution that will result in consolidation or for projects located in Tier III or Tier IV counties at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(B)   Local financial support equal to or greater than fifteen percent of the cost of the project is required for each grant award and must be committed in writing and available prior to project bidding. Design, engineering, and other nonconstruction costs are considered part of the local financial support. The local financial support requirement may be waived by the Rural Infrastructure Authority if the proposed project provides a regional solution that will result in consolidation or for projects located in Tier III or Tier IV counties at the time of the grant pursuant to Section 12-6-3360 of the 1976 Code.

(C)   Priority consideration will be given to applications for projects based upon a comparative analysis in the following relative order of need:

(1)   the project results in a consolidation or operating agreement with at least one small system with viability concerns;

(2)   the project results in an expanded partnership agreement with at least one small system with viability concerns; and

(3)   the project results in a consolidation or operating agreement with other systems.

(D)   To provide for equitable distribution of funds from the account, the following factors must be considered when awarding grants:

(1)   documented priority needs;

(2)   the transformational impact of the project on the relevant community;

(3)   the extent to which additional funds may be leveraged by the grant;

(4)   the readiness of the applicant to proceed with the project and meet program deadlines;

(5)   the project's feasibility; and

(6)   geographic diversity.
SECTION   8.   The Rural Infrastructure Authority is permitted to modify or waive the program parameters of SECTIONS 4, 5, 6 and 7 to ensure the timely and equitable distribution of funds in compliance with federal guidelines for these funds. Modifications to funding amounts authorized for specific use by each program first must be submitted with justification to the Joint Bond Review Committee for review and comment. The Rural Infrastructure Authority shall submit a report of all other modifications to the Joint Bond Review Committee.
Office of Regulatory Staff
SECTION   9.   There is established in the State Treasury an account to be known as the ARPA Broadband Account. This account is separate and distinct from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(3) of SECTION 1 of this act. The funds in the ARPA Broadband Account must be used to expand broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services.
SECTION   10.   (A)   The Office of Broadband Coordinator within the Office of Regulatory Staff, is authorized to expend funds from the ARPA Broadband Account to:

(1)   administer a grant program to expand broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services;

(2)   provide technical assistance and coordination;

(3)   host and participate in stakeholder discussions and advisory groups;

(4)   support continued mapping efforts including, but not limited to, costs associated with storage, security, and data collection;

(5)   engage in and undertake such other activities related to or necessary to fulfilling the requirements of expanding broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services;

(6)   expend funds for alternative and enabling technologies including, but not limited to, wireless broadband service, low earth orbit satellite, middle-mile fiber, enhanced cellular service, and carrier neutral broadband infrastructure; and

(7)   reimburse any state funds as may be allowed by ARPA, or related guidance issued by the United States Department of the Treasury, for reasonable costs associated with administering the grant program and fulfilling the Office of Broadband Coordinator's obligations established by this act.

(B)   All expenditures, reimbursements, and grants awarded by the Office of Broadband Coordinator must be in compliance with ARPA and the methods and guidance issued by the United States Department of Treasury for the allocation and oversight of ARPA funding.
SECTION   11.   (A)   The Office of Broadband Coordinator may award grants from the ARPA Broadband Account to broadband service providers and other entities for authorized projects that achieve the purpose of expanding broadband infrastructure to households, businesses, and communities in the State that are unserved or underserved by broadband services.

(B)   Electric Cooperatives that own broadband facilities pursuant to the provisions of Article 25, Chapter 9, Title 58 of the 1976 Code, the Broadband Accessibility Act, are eligible to receive grants from the ARPA Broadband Account.

(C)   Grants may be disbursed to recipients in tranches. The number and amount of funding in each tranche must be determined by the Office of Broadband Coordinator.
SECTION   12.   (A)   Grant recipients and other entities receiving funds pursuant to SECTION 11 shall report to the Office of Broadband Coordinator concerning the progress of the recipient's project. The reports shall provide the most accurate and granular representation of then-currently available broadband infrastructure installed by the recipient, the type of technology installed, the sustainable download and upload speeds available at each serviceable location, and other information that the Office of Broadband Coordinator requires.

(B)   The Office of Broadband Coordinator shall maintain as confidential all individual company-designated proprietary information. All such individual proprietary information is exempt from the provisions contained in Chapter 4 of Title 30 of the 1976 Code, the South Carolina Freedom of Information Act.

(C)   The Office of Regulatory Staff is authorized to contract with broadband service providers and to procure professional grant management, vendor, consulting, or other services for oversight and compliance of funds designated, granted, and disbursed pursuant to this act and for other purposes as the Office of Regulatory Staff may determine necessary to implement the purposes of this act.

(D)   It is vital to the state's interest that grant funds be awarded for the deployment of broadband infrastructure in rural communities in the most expeditious manner possible. Accordingly, contracting with broadband service providers and the procurement of professional grant management, vendor, consulting, or other services and pursuant to this act must be done pursuant to the provisions of Section 11-35-1570 of the 1976 Code. The Executive Director of the Office of Regulatory Staff shall coordinate the process used to contract with broadband service providers and to procure grant management, vendor, or consulting services and is responsible for the development of specifications to be included in any contract awarded. The State Fiscal Accountability Authority shall serve as the procuring officer for the procurement process and is responsible for administrative duties related to the process and the contract awarded. The State Fiscal Accountability Authority shall assign personnel as necessary to assist the Office of Regulatory Staff in carrying out its duties under this act.
Office of Resilience
SECTION   13.   (A) There is established in the State Treasury an account to be known as the ARPA Office of Resilience Account. This account is separate and distinct from the general fund of the State and all other funds and accounts. The account shall consist of federal funds authorized pursuant to subsection (A)(4) of SECTION 1 of this act. The funds in the ARPA Resilience Account must be used to complete stormwater infrastructure projects and acquisitions of property in the floodplain throughout the State to lessen the impacts of future flood events.

(B)   All expenditures, reimbursements, and grants awarded by the Office of Resilience must be in compliance with ARPA and the methods and guidance issued by the United States Department of Treasury for the allocation and oversight of ARPA funding.
Department of Administration
SECTION   14.   The Department of Administration is authorized to expend up to $8,000,000 of the federal funds authorized pursuant to subsection (A)(1) of SECTION 1 of this act for contracting for professional grant management services of ARPA funds and other federal COVID-19 relief funds.

Part III
Miscellaneous Provisions

SECTION   15.   The expenditure authorizations contained in this act are supplemental to the expenditure authorizations for receiving entities as contained in Act 94 of 2021, the General Appropriations Act for Fiscal Year 2021-2022, and future expenditure authorizations enacted by the General Assembly through December 31, 2026.
SECTION   16.   Earnings and interest on accounts created pursuant to this act must be credited to the account and any balance at the end of the fiscal year carries forward to the account in the succeeding fiscal year for the same purpose.
SECTION   17.   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 authorizing the disbursal and expenditure of federal funds received by the State pursuant to ARPA 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   18.   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, then such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION   19.   This act takes effect upon approval by the Governor.   /
Renumber sections to conform.
Amend title to conform.

Rep. COBB-HUNTER spoke upon the amendment.
The amendment was then adopted.

Rep. MAGNUSON spoke against the Joint Resolution.
Rep. HILL spoke against the Joint Resolution.
Rep. KING spoke upon the Joint Resolution.
Rep. R. WILLIAMS spoke in favor of the Joint Resolution.
Rep. BAMBERG spoke in favor of the Joint Resolution.

The question recurred to the passage of the Joint Resolution.

The yeas and nays were taken resulting as follows:

Yeas 99; Nays 11

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                Bernstein                Blackwell
Bradley                  Brawley                  Brittain
Burns                    Bustos                   Calhoon
Carter                   Caskey                   Chumley
Clyburn                  Cobb-Hunter              Cogswell
Collins                  W. Cox                   Crawford
Daning                   Davis                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Garvin
Gatch                    Gilliam                  Gilliard
Govan                    Hardee                   Hart
Hayes                    Henderson-Myers          Henegan
Herbkersman              Hewitt                   Hiott
Hixon                    Hosey                    Howard
Hyde                     J. E. Johnson            J. L. Johnson
K. O. Johnson            Jordan                   King
Kirby                    Ligon                    Long
Lowe                     Lucas                    Matthews
McCabe                   McCravy                  McDaniel
McGarry                  McGinnis                 McKnight
T. Moore                 D. C. Moss               V. S. Moss
B. Newton                W. Newton                Nutt
Ott                      Parks                    Pendarvis
Pope                     Rivers                   Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              M. M. Smith
Stavrinakis              Tedder                   Thayer
Thigpen                  Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--99

Those who voted in the negative are:

Bryant                   B. Cox                   Dabney
Haddon                   Hill                     Jones
Magnuson                 May                      Morgan
Oremus                   Trantham                 

Total--11

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

Federal funding comes from three sources, primarily: taxes, debt, and printing new money.

Of these, the third is the most expensive way to fund government projects. Of these, the third is the most morally objectionable, because it spends the futures of our children and grandchildren.

I support funding infrastructure of all types-roads, water, and even broadband--and am keenly aware of how sorely resources are needed in rural and impoverished areas of our state.

However, South Carolina has the resources to meet these needs already, and I have been an advocate through the years of increasing local funding by the state to meet needs such as these.

The federal funds from the American Recovery Plan Act are tainted.

We would (I should think) have a problem spending the proceeds from any illicit source such as sex trafficking of minors, gun running,or illegal drugs.

We should view mortgaging the futures of generations to come in the same light. It may be legal, but it is not moral.

The ends do not justify the means. Therefore, I oppose this bill.

Rep. Jonathon D. Hill

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber testifying before a Senate Committee during the vote on H. 4408 (Word version). If I had been present, I would have voted in favor of the Joint Resolution.

Rep. Bill Taylor

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4408 (Word version). If I had been present, I would have voted in favor of the Joint Resolution.

Rep. Craig Gagnon

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

H. 3211--SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate Amendments to the following Bill were taken up for consideration:

H. 3211 (Word version) -- Reps. Bernstein, Collins and Kimmons: A BILL TO AMEND SECTION 63-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO REAUTHORIZE THE COMMITTEE THROUGH DECEMBER 31, 2030.

Rep. BERNSTEIN explained the Senate Amendments.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 1

Those who voted in the affirmative are:

Allison                  Anderson                 Atkinson
Bailey                   Ballentine               Bamberg
Bannister                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                    Elliott
Erickson                 Felder                   Finlay
Forrest                  Fry                      Garvin
Gatch                    Gilliam                  Gilliard
Govan                    Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Hewitt                   Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     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                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               B. Newton
W. Newton                Nutt                     Oremus
Ott                      Parks                    Pendarvis
Pope                     Rivers                   Rose
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Tedder                   Thayer                   Thigpen
Trantham                 Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--108

Those who voted in the negative are:

Hill                                              

Total--1

The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. SIMRILL.

H. 4800--RECONSIDERED AND ORDERED TO THIRD READING

The motion to reconsider the vote whereby the following Bill was rejected was taken up:

H. 4800 (Word version) -- Rep. McGarry: A BILL TO AMEND ACT 777 OF 1988, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE LANCASTER COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE FOR THE ELECTION OF SCHOOL TRUSTEES IN PARTISAN INSTEAD OF NONPARTISAN ELECTIONS BEGINNING IN 2024 AND FOR THE NOMINATION, TERMS, AND ELECTION PROCEDURES OF CANDIDATES FOR THESE OFFICES.

The yeas and nays were taken resulting as follows:

Yeas 62; Nays 39

Those who voted in the affirmative are:

Bailey                   Bannister                Blackwell
Bradley                  Brittain                 Bryant
Burns                    Bustos                   Calhoon
Carter                   Chumley                  B. Cox
W. Cox                   Crawford                 Dabney
Daning                   Davis                    Elliott
Erickson                 Fry                      Gagnon
Gatch                    Gilliam                  Haddon
Hardee                   Herbkersman              Hewitt
Hiott                    Hixon                    Huggins
Hyde                     J. E. Johnson            Jones
Jordan                   Long                     Lowe
Lucas                    May                      McCabe
McCravy                  McGarry                  McGinnis
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               B. Newton                W. Newton
Nutt                     Oremus                   Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Thayer                   Trantham
West                     Whitmire                 Willis
Wooten                   Yow                      

Total--62

Those who voted in the negative are:

Anderson                 Bernstein                Brawley
Clyburn                  Cobb-Hunter              Collins
Felder                   Finlay                   Garvin
Gilliard                 Govan                    Hart
Hayes                    Henderson-Myers          Henegan
Hill                     Hosey                    Howard
J. L. Johnson            K. O. Johnson            King
Kirby                    Matthews                 McDaniel
McKnight                 Ott                      Parks
Pendarvis                Rivers                   Rose
Stavrinakis              Tedder                   Thigpen
Weeks                    Wetmore                  Wheeler
White                    R. Williams              S. Williams

Total--39

So, the motion to reconsider was agreed to.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 57; Nays 39

Those who voted in the affirmative are:

Bailey                   Bannister                Blackwell
Bradley                  Brittain                 Bryant
Burns                    Calhoon                  Carter
Chumley                  B. Cox                   W. Cox
Crawford                 Dabney                   Daning
Davis                    Elliott                  Erickson
Fry                      Gagnon                   Gatch
Gilliam                  Haddon                   Hardee
Herbkersman              Hewitt                   Hiott
Hixon                    Huggins                  Hyde
J. E. Johnson            Jones                    Jordan
Ligon                    Long                     Lowe
Lucas                    May                      McCabe
McCravy                  McGarry                  McGinnis
Morgan                   D. C. Moss               V. S. Moss
B. Newton                Oremus                   Sandifer
Simrill                  G. M. Smith              G. R. Smith
M. M. Smith              Trantham                 West
Whitmire                 Willis                   Yow

Total--57

Those who voted in the negative are:

Anderson                 Bamberg                  Bernstein
Brawley                  Clyburn                  Cobb-Hunter
Collins                  Felder                   Garvin
Gilliard                 Govan                    Hart
Hayes                    Henderson-Myers          Henegan
Hill                     Hosey                    J. L. Johnson
K. O. Johnson            King                     Kirby
Matthews                 McDaniel                 McKnight
Ott                      Parks                    Pendarvis
Rivers                   Rose                     Stavrinakis
Tedder                   Thayer                   Thigpen
Weeks                    Wetmore                  Wheeler
White                    R. Williams              S. Williams

Total--39

So, the Bill was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4800 (Word version). If I had been present, I would have voted against the Bill.

Rep. Leon Howard

RECURRENCE TO THE MORNING HOUR

Rep. CARTER moved that the House recur to the morning hour, which was agreed to.

S. 203--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., Tuesday, February 15, 2022
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 203 (Word version):

S. 203 (Word version) -- Senators Hembree, Gustafson and Bennett: A BILL TO AMEND SECTION 59-19-60 OF THE 1976 CODE, RELATING TO THE REMOVAL OF SCHOOL DISTRICT TRUSTEES AND FILLING VACANCIES, TO PROVIDE THAT DISTRICT TRUSTEES GUILTY OF MALFEASANCE, MISFEASANCE, INCOMPETENCY, ABSENTEEISM, CONFLICTS OF INTEREST, MISCONDUCT, PERSISTENT NEGLECT OF DUTY IN OFFICE, OR INCAPACITY SHALL BE SUBJECT TO REMOVAL FROM OFFICE BY THE GOVERNOR, TO DELETE NOTICE REQUIREMENTS AND THE RIGHT TO APPEAL, AND TO MAKE CONFORMING CHANGES.

Very respectfully,
President

On motion of Rep. ALLISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. FELDER, BRITTAIN and ALEXANDER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 3255--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., Tuesday, February 15, 2022
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3255 (Word version):

H. 3255 (Word version) -- Reps. West, Kirby, Erickson and Bradley: A BILL TO AMEND SECTION 40-60-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS FROM LICENSURE REQUIREMENTS FOR REAL ESTATE APPRAISERS, SO AS TO MODIFY EXEMPTIONS FOR LICENSEES OF THE REAL ESTATE COMMISSION; TO AMEND SECTION 40-60-31, RELATING TO REQUIREMENTS FOR LICENSURE BY THE BOARD OF REAL ESTATE APPRAISERS, SO AS TO REVISE AND PROVIDE COLLEGE EDUCATION REQUIREMENTS AND ACCEPTABLE EQUIVALENCIES FOR APPRENTICE APPRAISERS, RESIDENTIAL APPRAISERS, AND GENERAL APPRAISERS, AND TO EXEMPT CERTAIN MASS APPRAISERS FROM COLLEGE EDUCATION REQUIREMENTS; TO AMEND SECTION 40-60-33, RELATING TO ADDITIONAL EDUCATIONAL AND APPLICABLE EXPERIENCE REQUIREMENTS FOR LICENSURE BY THE BOARD, SO AS TO REVISE VARIOUS REQUIREMENTS AND REVISE QUALIFICATIONS FOR CERTAIN LICENSED MASS APPRAISERS; TO AMEND SECTION 40-60-34, RELATING TO REQUIREMENTS CONCERNING APPRENTICE APPRAISERS AND APPRAISER SUPERVISING APPRENTICES, SO AS TO REVISE VARIOUS REQUIREMENTS; TO AMEND SECTION 40-60-35, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO IMPOSE CERTAIN REPORTING REQUIREMENTS ON LICENSEES; TO AMEND SECTION 40-60-36, RELATING TO CONTINUING EDUCATION PROVIDERS, SO AS TO IMPOSE CERTAIN REPORTING REQUIREMENTS ON PROVIDERS; TO AMEND SECTION 40-60-37, RELATING TO QUALIFICATION REQUIREMENT WAIVERS FOR RECIPROCAL APPLICATIONS FOR APPRAISERS FROM OTHER JURISDICTIONS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 40-60-40, RELATING TO APPRAISER CONTACT INFORMATION THAT MUST BE MAINTAINED ON FILE WITH THE BOARD, SO AS TO INCLUDE EMAIL ADDRESSES OF LICENSEES; TO AMEND SECTION 40-60-320, RELATING TO DEFINITIONS IN THE REAL ESTATE APPRAISER LICENSE AND CERTIFICATION ACT, SO AS TO REVISE THE DEFINITION OF AN APPRAISAL PANEL; TO AMEND SECTION 40-60-330, AS AMENDED, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO REVISE REQUIREMENTS CONCERNING CERTAIN FINANCIAL INFORMATION; TO AMEND SECTION 40-60-360, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO SPECIFY CERTAIN REQUIRED REGULATIONS; TO AMEND SECTION 40-60-420, RELATING TO RECORD-KEEPING REQUIREMENTS FOR REGISTRATION RENEWAL, SO AS TO REVISE REQUIREMENTS CONCERNING RECORDS THAT APPRAISAL MANAGEMENT COMPANIES MUST PROVIDE; AND TO AMEND SECTION 40-60-450, RELATING TO REQUIREMENTS CONCERNING COMPENSATION OF APPRAISERS BY APPRAISAL MANAGEMENT COMPANIES, SO AS TO CLARIFY THE APPLICABLE GOVERNING FEDERAL REGULATIONS.

and asks for a Committee of Conference and has appointed Senators Scott, Gambrell and Climer to the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. WEST, BRADLEY and KIRBY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

The following was introduced:

H. 4979 (Word version) -- Reps. Murphy, Bennett, Gatch, Jefferson, Pendarvis and Tedder: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE ASHLEY RIDGE HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2022 SOUTH CAROLINA CLASS AAAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4980 (Word version) -- Rep. Hiott: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ACT SWIFTLY TO ADDRESS RISING AGRICULTURAL PRODUCTION COSTS TO PROTECT SOUTH CAROLINA FARMS AND THE RURAL ECONOMY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4981 (Word version) -- Reps. Carter, Brawley, Collins, Hill, Sandifer, Tedder and Whitmire: A BILL TO AMEND SECTION 47-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR A CRUELTY TO ANIMALS CONVICTION, SO AS TO REQUIRE THE PAYMENT OF ALL REASONABLE COSTS INCURRED RELATED TO THE CONVICTION AND TO PROHIBIT A PERSON CONVICTED OF A SUBSEQUENT OFFENSE OF CRUELTY TO ANIMALS FROM OWNING AN ANIMAL FOR A PERIOD NOT TO EXCEED FIVE YEARS.
Referred to Committee on Judiciary

H. 4982 (Word version) -- Rep. Rose: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE OF STATE OFFICERS AND EMPLOYEES, SO AS TO PROVIDE AN ADDITIONAL SIXTY DAYS OF LEAVE FOR AN EMPLOYEE WHO HAS BEEN APPROVED FOR CERTAIN FAMILY MEDICAL LEAVE ACT LEAVE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

H. 4983 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO DEFINE THE TERM "RESERVATION DEPOSIT"; TO AMEND SECTION 37-11-30, RELATING TO THE LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO ADD THAT A CONTINUING CARE RETIREMENT COMMUNITY MUST NOT BE ADVERTISED OR COLLECT A RESERVATION DEPOSIT UNLESS THE APPROPRIATE LICENSE IS OBTAINED FIRST, AND TO ADD INFORMATION REQUIRED TO BE SET FORTH IN AN APPLICATION FOR A PRELIMINARY LICENSE; TO AMEND SECTION 37-11-35, RELATING TO CONTINUING CARE CONTRACT REQUIREMENTS, SO AS TO PROVIDE THE REQUIREMENTS ALSO APPLY TO RESERVATION AGREEMENTS, AND TO PROVIDE ADDITIONAL MINIMUM REQUIREMENTS FOR CONTRACTS AND AGREEMENTS; TO AMEND SECTION 37-11-40, RELATING TO A DETERMINATION BY THE DEPARTMENT OF CONSUMER AFFAIRS AS TO THE FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR A CONTINUING CARE RETIREMENT COMMUNITY LICENSE, SO AS TO ALLOW THE DEPARTMENT TO CONSIDER A PROJECT FEASIBILITY DOCUMENT; TO AMEND SECTION 37-11-50, RELATING TO LICENSING ELIGIBILITY FOR CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE A PRELIMINARY LICENSE TO AN APPLICANT IF CERTAIN DETERMINATIONS ARE MADE; TO AMEND SECTION 37-11-90, RELATING TO CERTAIN ENTRANCE FEES REQUIRED TO BE PLACED IN AN ESCROW ACCOUNT, SO AS TO ALSO REQUIRE THAT RESERVATION DEPOSITS BE PLACED IN AN ESCROW ACCOUNT, AND TO PROVIDE FOR THE CONDITIONS OF RELEASE OF RESERVATION DEPOSITS HELD IN ESCROW; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS OF THIS CHAPTER, SO AS TO PROVIDE THAT A FACILITY THAT HAS OBTAINED A LETTER OF NONAPPLICABILITY FROM THE DEPARTMENT MAY NOT HOLD ITSELF OUT TO BE A CONTINUING CARE RETIREMENT COMMUNITY.
Referred to Committee on Labor, Commerce and Industry

H. 4984 (Word version) -- Reps. Matthews, J. L. Johnson, Cobb-Hunter, Pendarvis and Henegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "THE KINGSTON ACT" BY ADDING ARTICLE 6 TO CHAPTER 23, TITLE 16 SO AS TO TITLE THE ARTICLE "ACCESS TO FIREARMS BY CHILDREN", DEFINE NECESSARY TERMS, AND TO CREATE THE OFFENSES OF UNSECURED FIREARM AND UNSUPERVISED CHILD FIREARM USE AND PROVIDE GRADUATED PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary

H. 4985 (Word version) -- Reps. Hosey, Henegan, Clyburn, Rivers, Tedder, R. Williams, K. O. Johnson, Thigpen, Bamberg, Kirby, Govan, Cobb-Hunter, S. Williams, J. L. Johnson, Alexander and McKnight: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 11 SO AS TO ESTABLISH THE "I-95 CORRIDOR AUTHORITY ACT" AND TO PROVIDE FOR THE COMPOSITION, DUTIES, AND POWERS OF THE AUTHORITY.
Referred to Committee on Ways and Means

H. 4986 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-5-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAP PLACEMENT, SO AS TO PROHIBIT TRAPS IN THE WATERS OF THE GENERAL TRAWL ZONE WHEN THESE WATERS ARE OPEN TO TRAWLING FOR SHRIMP.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 4987 (Word version) -- Reps. Henegan, Sandifer, Kirby, Yow, Hosey, Clyburn, Thigpen, J. L. Johnson and Garvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-292 AND SECTION 38-71-820 SO AS TO DEFINE TERMS AND REQUIRE INSURERS TO INCLUDE COST-SHARING AMOUNTS PAID WHEN CALCULATING AN ENROLLEE'S CONTRIBUTION; BY ADDING SECTION 38-71-2270 SO AS TO REQUIRE PHARMACY BENEFITS MANAGERS TO INCLUDE COST-SHARING AMOUNTS PAID WHEN CALCULATING AN ENROLLEE'S CONTRIBUTION; AND TO AMEND SECTION 38-
71-2200, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO DEFINE TERMS.
Referred to Committee on Ways and Means

H. 4538--DEBATE ADJOURNED

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. HIOTT moved to adjourn debate on the Bill until Thursday, February 17, which was agreed to.

H. 3346--ORDERED TO THIRD READING

The following Bill was taken up:

H. 3346 (Word version) -- Reps. W. Cox, White, Fry, Haddon, Long, Forrest, G. M. Smith, Caskey, Gagnon, Hyde, West, Thayer, Ligon, Daning, Erickson, Bradley, Weeks, B. Newton, McGarry, Carter, Calhoon and Hixon: A BILL TO AMEND SECTION 11-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTORY GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND OF FIVE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR MUST BE INCREASED EACH YEAR BY ONE-HALF OF ONE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR UNTIL IT EQUALS SEVEN PERCENT OF SUCH REVENUES; TO AMEND SECTION 11-11-320, RELATING TO THE STATUTORY CAPITAL RESERVE FUND OF TWO PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR, SO AS TO INCREASE IT TO THREE PERCENT OF GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AMENDMENTS TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF THIS STATE PROVIDING FOR THE ABOVE.
Rep. W. COX explained the Bill.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 0

Those who voted in the affirmative are:

Allison                  Anderson                 Bailey
Ballentine               Bannister                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
Elliott                  Erickson                 Felder
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. 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                 T. Moore                 Morgan
D. C. Moss               V. S. Moss               B. Newton
W. Newton                Nutt                     Oremus
Ott                      Parks                    Pendarvis
Pope                     Rivers                   Rose
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Tedder                   Thayer                   Thigpen
Trantham                 Weeks                    West
Wetmore                  Wheeler                  White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--108

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

H. 3247--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3247 (Word version) -- Reps. G. M. Smith, B. Cox, V. S. Moss, Yow, Huggins, Erickson, Bradley, Allison, Felder, B. Newton, W. Newton, Herbkersman, Ballentine, Davis, Weeks, McGarry, White, W. Cox, R. Williams, Blackwell, Crawford, Fry and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "WORKFORCE ENHANCEMENT AND MILITARY RECOGNITION ACT"; TO AMEND SECTION 12-6-1171, RELATING TO THE MILITARY RETIREMENT INCOME DEDUCTION, SO AS TO PHASE-IN THE REMOVAL OF CERTAIN LIMITS.

The Committee on Ways and Means proposed the following Amendment No. 1 to H. 3247 (Word version) (COUNCIL\DG\3247C001.AR.DG22), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 2 and 3 and inserting:
/   SECTION   2.   Section 12-6-1171(A) of the 1976 Code is amended to read:

"(A)(1)   An individual taxpayer who has may deduct all military retirement income, each year may deduct an amount of his South Carolina earned income from South Carolina taxable income equal to the amount of military retirement income that is included in South Carolina taxable income, not to exceed seventeen thousand five hundred dollars. In the case of married taxpayers who file a joint federal income tax return, the deduction allowed by this section shall be calculated separately as though they had not filed a joint return, so that each individual's deduction is based on the same individual's retirement income and earned income. For purposes of this item, 'South Carolina earned income' has the same meaning as provided in Section 12-6-3330.

(2)   Notwithstanding item (1), beginning in the year in which an individual taxpayer reaches age sixty-five, an individual taxpayer who has military retirement income may deduct up to thirty thousand dollars of military retirement income that is included in South Carolina taxable income."
SECTION 3.   This act takes effect upon approval by the Governor and first applies to tax years beginning after 2021.     /
Renumber sections to conform.
Amend title to conform.

Rep. CRAWFORD 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:

Yeas 107; Nays 0

Those who voted in the affirmative are:

Allison                  Anderson                 Bailey
Ballentine               Bamberg                  Bannister
Bernstein                Blackwell                Bradley
Brawley                  Brittain                 Bryant
Burns                    Bustos                   Calhoon
Carter                   Caskey                   Chumley
Clyburn                  Cobb-Hunter              Cogswell
Collins                  B. Cox                   W. Cox
Crawford                 Daning                   Davis
Elliott                  Erickson                 Felder
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. E. Johnson
J. L. Johnson            K. O. Johnson            Jones
Jordan                   King                     Kirby
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Matthews
McCabe                   McCravy                  McDaniel
McGarry                  McGinnis                 McKnight
T. Moore                 Morgan                   D. C. Moss
V. S. Moss               Murray                   B. Newton
W. Newton                Nutt                     Oremus
Ott                      Parks                    Pendarvis
Pope                     Rivers                   Rose
Sandifer                 Simrill                  G. M. Smith
G. R. Smith              M. M. Smith              Stavrinakis
Tedder                   Thayer                   Thigpen
Trantham                 Weeks                    West
Wheeler                  White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total--107

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR THE JOURNAL

February 16, 2022
The Honorable Speaker of the House James H. "Jay" Lucas
506 Blatt Bldg.
Columbia, SC 29201

Dear Speaker Lucas,

I am notifying you that I will not participate in the debate or vote on H. 3247 (Word version), which is a bill known as the Workforce Enhancement and Military Recognition Act. In accordance with Section 8-13-700(B) of the SC Code, I recuse myself from voting on the bill because of a potential conflict of interest due to an economic interest of myself may be affected. I wish to have my recusal noted for the House Journal.

Sincerely,
Representative Victor M. "Vic" Dabney
District 52

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber testifying before a Senate Committee during the vote on H. 3247 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Bill Taylor

Rep. HUGGINS moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4872 (Word version) -- Reps. Hiott, 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, 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, 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 CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, FORMERLY KNOWN AS FUTURE FARMERS OF AMERICA, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 19 THROUGH 26, 2022.

H. 4964 (Word version) -- Reps. Bustos, Jones, Bennett, Gilliam, Dabney and T. Moore: A CONCURRENT RESOLUTION TO REMEMBER AND HONOR THE HEROIC RECIPIENTS OF THE MEDAL OF HONOR AND TO DECLARE MARCH 25, 2022, AS "MEDAL OF HONOR DAY" IN THE STATE OF SOUTH CAROLINA.

H. 4974 (Word version) -- Rep. Allison: A CONCURRENT RESOLUTION TO DESIGNATE SATURDAY, OCTOBER 15, 2022, AS "SLOW DOWN, MOVE OVER DAY" IN SOUTH CAROLINA.

ADJOURNMENT

At 12:14 p.m. the House, in accordance with the motion of Rep. D. C. MOSS, adjourned in memory of Jeffery Lynn McCraw, son of former Representative DeWitt McCraw, to meet at 10:00 a.m. tomorrow.

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