NO. 40
REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2025
________
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk Jr. as follows:
Our thought for today is from Isaiah 35:4: "Say to those who are of a fearful heart, "Be strong, do not fear! Here is your God."
Let us pray. Almighty God, help us to rely on You above all things that our lives may find hope and peace. Almighty God fill hearts and life with Your joy and healing. Bless we beech You to keep our men and women in Your love and care. Bless and keep our defenders of freedom and first responders in Your care. Look in favor on our World, Nation, President, State, Governor Speaker, Staff, and all who labor in these Halls of Government. Care for our men and women in our Armed Forces and those with hidden wounds. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Myra Irene Mance, which was agreed to.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4011 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-70, RELATING TO THE ISSUANCE OF TEMPORARY DRIVERS' PERMITS, SO AS TO DELETE THE TERM "TEMPORARY DRIVER'S PERMIT" AND REPLACE IT WITH THE TERM "TEMPORARY DRIVING CERTIFICATE," AND TO PROVIDE FOR THE ISSUANCE OF TEMPORARY IDENTIFICATION CERTIFICATES; AND BY ADDING SECTION 56-1-560 SO AS TO PROVIDE FOR THE EXPEDITED ISSUANCE OF BEGINNERS' PERMITS, DRIVERS' LICENSES, AND IDENTIFICATION CARDS.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3856 (Word version) -- Rep. Erickson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-80, RELATING TO APPLICATIONS FOR LICENSES OR PERMITS, SO AS TO DELETE THE TERM "BLOOD TYPE" AND REPLACE IT WITH THE TERM "INFORMATION"; BY AMENDING SECTION 56-1-3350, RELATING TO ISSUANCE OF SPECIAL IDENTIFICATION CARDS AND VETERAN DESIGNATIONS ON DRIVERS' LICENSES, SO AS TO PROVIDE DOCUMENTATION THAT MUST BE SUBMITTED ON APPLICATIONS FOR A PERSON'S BLOOD TYPE TO APPEAR ON A SPECIAL IDENTIFICATION CARD, AND PROVIDE A CAUSE OF ACTION BASED ON INACCURATE INFORMATION CONTAINED ON IDENTIFICATION CARDS OR DRIVERS' RECORDS; BY AMENDING SECTION 56-3-20, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "RENTAL TRAILER"; BY AMENDING SECTION 56-3-785, RELATING TO ISSUANCE OF PERMANENT LICENSE PLATES TO CERTAIN OWNERS OF TRAILERS AND SEMI-TRAILERS, SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES TO OWNERS OF RENTAL TRAILERS, AND MAKE TECHNICAL CHANGES; BY AMENDING SECTION 56-3-2320, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO REVISE THE NUMBER OF MOTOR VEHICLE SALES THAT MUST BE MADE BEFORE DEALER PLATES MAY BE ISSUED; BY AMENDING SECTION 56-15-560, RELATING TO APPLICATIONS FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSES AND FEES, SO AS TO REVISE EXPIRATION DATES FOR THE LICENSES AND INCREASE THE LICENSE FEES; BY AMENDING SECTION 56-19-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "BUS"; BY AMENDING SECTION 56-23-85, RELATING TO DRIVER INSTRUCTOR PERMITS, SO AS TO REVISE THE EXPIRATION DATES FOR THE PERMITS AND PROVIDE A SCHEDULE OF FEES; BY AMENDING SECTION 56-37-30, RELATING TO ESTABLISHMENT OF THE POINTS SYSTEM FOR EVALUATING PERFORMANCE RECORDS OF DEALERS, SO AS TO ELIMINATE CERTAIN CONDUCT THAT RESULTS IN POINT VIOLATIONS AND ADD ADDITIONAL CONDUCT THAT RESULTS IN POINT VIOLATIONS; AND BY AMENDING SECTION 56-37-70, RELATING TO SUSPENSIONS OF LICENSES, SO AS TO DELETE THE TERM "CERTIFIED" AND REPLACE IT WITH THE TERM "NORMAL."
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3768 (Word version) -- Reps. Brewer, Gatch, Robbins, Schuessler and Sessions: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING ACT 36 OF 2019, RELATING TO HIGHWAY SYSTEM CONSTRUCTION, SO AS TO CHANGE THE SUNSET EXPIRATION PROVISION TO JULY 1, 2031.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3801 (Word version) -- Reps. Erickson, Willis and Crawford: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 11-35-710, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD PLANNING FOR REPAIRS TO BRIDGES, HIGHWAYS, ROADS, AND OTHER IMPROVEMENTS ON THE STATE'S RIGHTS OF WAY TO THE LIST OF EXEMPTIONS AND TO PROVIDE CERTAIN EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3863 (Word version) -- Reps. Davis, M. M. Smith and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA STEM OPPORTUNITY ACT" BY ADDING ARTICLE 17 TO CHAPTER 1, TITLE 13, SO AS TO ESTABLISH THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) COALITION, THE SOUTH CAROLINA SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) EDUCATION FUND WITHIN THE STATE TREASURY, AND THE SC STEM COALITION ADVISORY COUNCIL, AND TO PROVIDE THEIR RESPECTIVE PURPOSES AND FUNCTIONS.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report on:
H. 3201 (Word version) -- Reps. Davis, Erickson, Pope, Spann-Wilder, Pedalino, Forrest, Cobb-Hunter and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA COMPUTER SCIENCE EDUCATION INITIATIVE ACT" BY ADDING SECTION 59-29-250 SO AS TO PROVIDE FOR THE EXPANSION AND ENHANCEMENT OF COMPUTER SCIENCE EDUCATION IN PUBLIC HIGH SCHOOLS THROUGH THE CREATION AND IMPLEMENTATION OF A STATEWIDE COMPUTER SCIENCE EDUCATION PLAN AND THE REQUIREMENT THAT EACH PUBLIC SCHOOL OFFERS AT LEAST ONE COMPUTER SCIENCE COURSE THAT MEETS CERTAIN CRITERIA, AND TO PROVIDE RELATED REQUIREMENTS OF THE STATE BOARD OF EDUCATION AND THE STATE DEPARTMENT OF EDUCATION.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3578 (Word version) -- Reps. Rivers, Spann-Wilder, Pedalino, Cobb-Hunter, Atkinson, McDaniel, M. M. Smith and Schuessler: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-29-15, RELATING TO THE REQUIREMENT THAT CURSIVE WRITING BE TAUGHT IN PUBLIC ELEMENTARY SCHOOLS, SO AS TO SPECIFY THAT THE CURSIVE WRITING INSTRUCTION MUST BEGIN IN SECOND GRADE AND CONTINUE IN EACH GRADE THROUGH FIFTH GRADE.
Ordered for consideration tomorrow.
Rep. ERICKSON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3831 (Word version) -- Reps. Lawson, Hayes, Sessions, T. Moore, McCravy, Guffey, Chapman, M. M. Smith, Gagnon, Martin, Moss, Duncan, Sanders, Grant, Howard, Bauer, Pedalino, Robbins, Schuessler and Rivers: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SMART HEART ACT" BY ADDING SECTION 59-17-165 SO AS TO PROVIDE DEFINITIONS AND TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF A CARDIAC EMERGENCY RESPONSE PLAN IN EACH PUBLIC SCHOOL; AND BY AMENDING SECTION 59-17-155, RELATING TO THE AUTOMATED EXTERNAL DEFIBRILLATOR PROGRAM IN HIGH SCHOOLS, SO AS TO PROVIDE EACH PUBLIC SCHOOL SHALL ENSURE THE PRESENCE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR ONSITE AND WITHIN CERTAIN PROXIMITY OF SCHOOL ATHLETIC VENUES, AND TO PROVIDE RELATED TESTING, MAINTENANCE, AND PERSONNEL TRAINING REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3058 (Word version) -- Reps. Wooten, Pope, Spann-Wilder, McCravy, Taylor, Cobb-Hunter, Govan, Erickson, Bradley and Guffey: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-330 SO AS TO DEFINE NECESSARY TERMS FOR THE OFFENSE OF INTENTIONALLY DISSEMINATING INTIMATE IMAGES OR DIGITALLY FORGED INTIMATE IMAGES WITHOUT EFFECTIVE CONSENT; AND BY ADDING SECTION 16-15-332 SO AS TO CREATE THE OFFENSE OF INTENTIONALLY DISSEMINATING INTIMATE IMAGES OR DIGITALLY FORGED INTIMATE IMAGES WITHOUT EFFECTIVE CONSENT, TO PROVIDE GRADUATED PENALTIES, AND TO PROVIDE AN EXCEPTION FOR LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report on:
H. 3285 (Word version) -- Reps. Landing, Spann-Wilder, Garvin, Cobb-Hunter, Henderson-Myers, Hartnett, Bustos, J. L. Johnson, Teeple and Wickensimer: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-23-57 SO AS TO PROVIDE LAW ENFORCEMENT OFFICERS ARE REQUIRED TO COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN AUTISM SPECTRUM DISORDER; AND BY AMENDING SECTION 44-61-80, RELATING TO EMERGENCY MEDICAL TECHNICIAN CERTIFICATION, SO AS TO PROVIDE THE EMERGENCY MEDICAL TECHNICIAN TRAINING PROGRAM MUST INCLUDE COURSES IN AUTISM SPECTRUM DISORDER.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3569 (Word version) -- Reps. M. M. Smith, Pope, Davis, Cobb-Hunter and Wetmore: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE OFFENSES MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS; AND BY AMENDING SECTION 27-40-210, RELATING TO DEFINITIONS, SO AS TO DEFINE TERMS.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report on:
H. 3930 (Word version) -- Reps. B. J. Cox, G. M. Smith, T. Moore, Hiott, B. Newton, Neese, Sessions, Edgerton, Beach, B. L. Cox, Hardee, Montgomery, M. M. Smith, Holman, Willis, Lawson, Hager, McGinnis, Vaughan, Burns, Frank, Davis, White, Caskey, Wickensimer, Hartnett, Rankin, Magnuson, Guffey, Kilmartin, Haddon, Schuessler, Cromer, Gilreath and Long: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SECOND AMENDMENT FINANCIAL PRIVACY ACT" BY ADDING ARTICLE 11 TO CHAPTER 31, TITLE 23 SO AS TO DEFINE CERTAIN TERMS, TO PROVIDE UNDER CERTAIN CIRCUMSTANCES NO GOVERNMENT ENTITY SHALL KNOWINGLY KEEP A RECORD OF PRIVATELY OWNED FIREARMS OR THEIR OWNERS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4160 (Word version) -- Reps. W. Newton, G. M. Smith, Jordan, Caskey, Bannister and Pope: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-5-610, RELATING TO THE DIVISION OF THE STATE INTO SIXTEEN JUDICIAL CIRCUITS, THE NUMBER OF JUDGES TO BE ELECTED FROM EACH CIRCUIT, AND THE ELECTION OF AT-LARGE JUDGES WITHOUT REGARD TO COUNTY OR CIRCUIT OF RESIDENCE, SO AS TO CONVERT FIVE AT-LARGE CIRCUIT COURT SEATS TO RESIDENT SEATS IN THE THIRD, SEVENTH, NINTH, ELEVENTH, AND TWELFTH CIRCUITS.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report on:
S. 126 (Word version) -- Senator Johnson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 30-2-500, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL INFORMATION IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AND TO DEFINE "DISCLOSED RECORDS"; BY AMENDING SECTION 30-2-510, RELATING TO OPTIONS FOR LAW ENFORCEMENT OFFICERS TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL; EXCEPTIONS; PROCEDURES, SO AS TO RESTRICT PERSONAL CONTACT INFORMATION IN A DISCLOSED RECORD FROM A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED BY OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AND TO REQUIRE THAT THE PERSONAL CONTACT INFORMATION RESTRICTED FROM DISCLOSED RECORDS UNDER THIS SECTION MUST REMAIN WITHIN THE OFFICIAL RECORD HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENT AGENCY, AND TO ALLOW DISCLOSURE TO CERTAIN INDIVIDUALS OR ENTITIES; BY ADDING SECTION 30-2-515 SO AS TO PROVIDE FOR A PETITION TO COURT FOR COMPLIANCE WITH THE ARTICLE AND TO PREVENT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE OR THE EMPLOYEE'S AGENTS; BY AMENDING SECTION 30-2-700, RELATING TO DEFINITIONS, SO AS TO INCLUDE ADDITIONAL INFORMATION IN THE DEFINITION OF "PERSONAL CONTACT INFORMATION" AND TO DEFINE "DISCLOSED RECORDS"; BY AMENDING SECTION 30-2-710, RELATING TO OPTIONS FOR JUDGES TO MAKE PERSONAL CONTACT INFORMATION CONFIDENTIAL; EXCEPTIONS; PROCEDURES, SO AS TO RESTRICT PERSONAL CONTACT INFORMATION IN A DISCLOSED RECORD FROM A PUBLICLY AVAILABLE INTERNET WEBSITE MAINTAINED BY OR OPERATED ON BEHALF OF A STATE OR LOCAL GOVERNMENT AND TO REQUIRE THAT THE PERSONAL CONTACT INFORMATION RESTRICTED FROM DISCLOSED RECORDS UNDER THIS SECTION MUST REMAIN WITHIN THE OFFICIAL RECORD HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENT AGENCY, AND TO ALLOW DISCLOSURE TO CERTAIN INDIVIDUALS OR ENTITIES; BY ADDING SECTION 30-2-715 SO AS TO PROVIDE FOR A PETITION TO COURT FOR COMPLIANCE WITH THE ARTICLE AND TO PREVENT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENT EMPLOYEE OR THE EMPLOYEE'S AGENTS; TO DIRECT THE OFFICE OF COURT ADMINISTRATION AND THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY TO COLLABORATE IN THE CREATION OF THE DESIGNATED FORM FOR A LAW ENFORCEMENT OFFICER AND FOR A JUDGE TO USE TO REQUEST THE RESTRICTION OF PERSONAL CONTACT INFORMATION IN DISCLOSED RECORDS; AND TO MAKE CONFORMING CHANGES.
Ordered for consideration tomorrow.
Rep. W. NEWTON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3924 (Word version) -- Reps. Wooten, W. Newton, Erickson, Neese, Hager, Bannister, Herbkersman, M. M. Smith, Pedalino, Mitchell, Bustos, Lawson, Guffey, Hiott, Taylor, Ballentine, Vaughan, White, Long, Ligon, Guest, Gilliam, Hartnett, Bailey, Landing, B. J. Cox, Hayes, Atkinson, Willis, Lowe, T. Moore, Davis, Hixon, Martin, Pope and Robbins: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 56 TO TITLE 46 SO AS TO REGULATE THE SALE OF HEMP-DERIVED CONSUMABLES, AMONG OTHER THINGS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4280 (Word version) -- Reps. J. L. Johnson, Weeks and Williams: A HOUSE RESOLUTION TO HONOR THE BETA CHI SIGMA ALUMNI CHAPTER OF PHI BETA SIGMA FRATERNITY INC. FOR ITS OUTSTANDING CONTRIBUTIONS TO THE COMMUNITY, TO WELCOME MEMBERS OF THE FRATERNITY TO THE SOUTH CAROLINA STATE HOUSE ON APRIL 9, 2025, AND TO DECLARE THE DATE "SIGMA ADVOCACY DAY."
The Resolution was adopted.
The Senate sent to the House the following:
S. 502 (Word version) -- Senator Graham: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE STRETCH OF KNIGHTS HILL ROAD FROM SPRINGDALE DRIVE TO CARTER STREET IN KERSHAW COUNTY "STEEPLECHASE THOROUGHFARE OF AMERICA" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
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. 4281 (Word version) -- Rep. Taylor: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-19-480, RELATING TO THE TRANSFER, SURRENDER, AND ISSUANCE OF CERTAIN CERTIFICATES OF TITLE, LICENSE PLATES, REGISTRATION CARDS, AND MANUFACTURERS' SERIAL PLATES OF VEHICLES SOLD AS SALVAGED, ABANDONED, SCRAPPED, OR DESTROYED, SO AS TO PROVIDE IN ADDITION TO OTHER REQUIREMENTS, THE OWNERS OF REBUILT, SALVAGE, SALVAGE FLOOD, OR SALVAGE FIRE VEHICLES MAY NOT BE ISSUED CERTIFICATES OF TITLE UNLESS THE VEHICLES ARE EQUIPPED WITH CERTAIN SAFETY FEATURES.
Referred to Committee on Education and Public Works
H. 4282 (Word version) -- Rep. Pace: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 6 TO CHAPTER 9, TITLE 16 SO AS TO PROVIDE THAT ANY PERSON ARRESTED FOR VIOLATING A CRIMINAL LAW OF THIS STATE WHO IS SUBSEQUENTLY DETERMINED TO BE UNLAWFULLY PRESENT IN THE UNITED STATES IS GUILTY OF A FELONY, TO PROVIDE PENALTIES FOR VIOLATIONS, TO ALLOW FOR DEPORTATION IN LIEU OF IMPRISONMENT, AND TO REQUIRE THE COLLECTION AND MAINTENANCE OF IDENTIFYING INFORMATION OF PERSONS ARRESTED PURSUANT TO THIS ARTICLE.
Referred to Committee on Judiciary
S. 150 (Word version) -- Senators Blackmon and Graham: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA RENTAL KART AGE ACT"; BY AMENDING SECTION 41-18-30, RELATING TO APPLICABILITY AND EXCEPTIONS FOR THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT AN INDIVIDUAL IS ALLOWED TO OPERATE A RENTAL KART IF THEY ARE EIGHTEEN YEARS OF AGE OR OLDER OR ARE FIFTEEN YEARS OF AGE OR OLDER AND HOLD A VALID DRIVER'S LICENSE OR PERMIT; AND BY AMENDING SECTION 41-18-40, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA AMUSEMENT PARK RIDES SAFETY CODE, SO AS TO MAKE CONFORMING CHANGES.
Referred to Committee on Labor, Commerce and Industry
S. 233 (Word version) -- Senators Leber, Kennedy and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-48-30, RELATING TO DEFINITIONS OF TERMS USED IN THE "SEXUALLY VIOLENT PREDATOR ACT," SO AS TO REDEFINE "LIKELY TO ENGAGE IN ACTS OF SEXUAL VIOLENCE."
Referred to Committee on Judiciary
S. 235 (Word version) -- Senators Kimbrell, Leber and Zell: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-90, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT PROSTITUTION BY A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-100, RELATING TO PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT CERTAIN ACTIONS RELATED TO A PERSON WHO SOLICITS CUSTOMERS FOR A PROSTITUTED PERSON AND TO INCREASE THE PENALTY FOR VIOLATIONS; BY AMENDING SECTION 16-15-110, RELATING TO VIOLATIONS FOR PROSTITUTION, SO AS TO REVISE THE STATUTE TO PROHIBIT A PERSON FROM SOLICITING A PROTITUTED PERSON.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Alexander Anderson Atkinson Bailey Ballentine Bamberg Bannister Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Clyburn Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Duncan Edgerton Erickson Forrest Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Hardee Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Holman Hosey Howard Huff J. E. Johnson J. L. Johnson Jones Jordan Kilmartin King Kirby Landing Lawson Ligon Long Lowe Luck Magnuson Martin May McCabe McCravy McDaniel McGinnis Mitchell Montgomery J. Moore T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Rose Rutherford Sanders Schuessler Sessions G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore White Whitmire Wickensimer Williams Willis Wooten Yow
The SPEAKER granted Rep. GATCH a leave of absence for the day.
The SPEAKER granted Rep. MURPHY a leave of absence for the day.
The SPEAKER granted Rep. FRANK a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
Announcement was made that Dr, Vincent Degenhart was the Doctor of the Day for the General Assembly.
Rep. BALLENTINE presented to the House the Chapin High School "Eagles" 5-A Championship Varsity Competitive Cheer Team.
Rep. T. MOORE presented to the House the Dorman High School "Cavaliers" 5-A Boys Cross Country State Champions, the Wrestling State Champion, Div. 1 Individual Medalist Boys Golf State Champion, Boys Volleyball State Champions, Girls Golf State Champions, and Girls Volleyball State Champions.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3045 (Word version)
Date: ADD:
04/02/25 WILLIS and WEEKS
Bill Number: H. 3093 (Word version)
Date: ADD:
04/02/25 SCHUESSLER and J. E. JOHNSON
Bill Number: H. 3387 (Word version)
Date: ADD:
04/02/25 BURNS
Bill Number: H. 3542 (Word version)
Date: ADD:
04/02/25 WILLIS
Bill Number: H. 3801 (Word version)
Date: ADD:
04/02/25 WILLIS and CRAWFORD
Bill Number: H. 3948 (Word version)
Date: ADD:
04/02/25 LUCK, WEEKS, ALEXANDER, BAUER and BERNSTEIN
Bill Number: H. 4123 (Word version)
Date: ADD:
04/02/25 BURNS and WICKENSIMER
Bill Number: H. 4164 (Word version)
Date: ADD:
04/02/25 JONES
Bill Number: H. 4216 (Word version)
Date: REMOVE:
04/02/25 OREMUS, RANKIN and HADDON
Bill Number: H. 4257 (Word version)
Date: ADD:
04/02/25 BRITTAIN, JORDAN, B. NEWTON, CASKEY, GILLIAM, RANKIN, SCHUESSLER, HAYES, GUEST, CRAWFORD, GAGNON, MCCABE, PEDALINO and HIOTT
Bill Number: H. 4260 (Word version)
Date: ADD:
04/02/25 HERBKERSMAN and WHITE
Bill Number: H. 3045 (Word version)
Date: REMOVE:
04/02/25 RIVERS
The following Bill was taken up:
H. 3927 (Word version) -- Reps. Gilliam, Hiott, G. M. Smith, Bailey, Ballentine, Bannister, Bowers, Bradley, Brewer, Brittain, Bustos, Caskey, Chapman, B. J. Cox, B. L. Cox, Crawford, Davis, Erickson, Forrest, Gagnon, Gatch, Gibson, Guest, Guffey, Haddon, Hager, Hardee, Hartnett, Hartz, Herbkersman, Hewitt, Hixon, Holman, J. E. Johnson, Jordan, Landing, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, Mitchell, Montgomery, T. Moore, Moss, Murphy, Neese, B. Newton, W. Newton, Oremus, Pedalino, Pope, Rankin, Robbins, Sanders, Schuessler, Sessions, M. M. Smith, Taylor, Teeple, Vaughan, Whitmire, Wickensimer, Willis, Wooten, Yow, Terribile, Pace, Kilmartin, Beach, Edgerton, Magnuson, Cromer, Huff and Gilreath: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY ACT" BY ADDING ARTICLE 29 TO TITLE 1, CHAPTER 1 SO AS TO PROHIBIT EVERY OFFICE, DIVISION, OR OTHER UNIT BY ANY NAME OF EVERY OFFICE OR DEPARTMENT OF THIS STATE, AND ALL OF ITS POLITICAL SUBDIVISIONS, INCLUDING ALL INSTITUTIONS OF HIGHER LEARNING AND SCHOOL DISTRICTS, FROM PROMOTING DIVERSITY, EQUITY, AND INCLUSION, AND TO PROVIDE EXCEPTIONS; AND TO PROMOTE INDIVIDUAL INITIATIVE, EXCELLENCE, AND HARD WORK; AND TO SPECIFY APPLICABILITY.
The Committee on Education and Public Works proposed the following Amendment No. 1H. 3927 (Word version) (LC-3927.DG0002H):
Amend the bill, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by adding:
Section 1-1-1910. (A) For the purposes of this section:
(1) "Public institution of higher learning" means any state-supported, postsecondary educational institution and includes technical and comprehensive educational institutions.
(2) "Quasi-state agency" means an entity that is a legally separate organization over which the State has no direct control but for which the State is accountable for purposes of financial reporting.
(B) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not establish or support any office, unit or division within that agency that is established or exists in whole or in part, for the promotion of diversity, equity, and inclusion.
(C) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
(D) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not give preferential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation to an applicant for employment and shall comply with the Constitution of this State and the Constitution of the United States by ensuring that all rules, policies, employment practices, use of state funds, and all other official actions treat people equally.
(E) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not promote differential treatment, which is the intentional act of treating individuals or groups differently based on a protected characteristic, or provide special benefits to individuals on the basis of race, sex, color, ethnicity, gender, or sexual orientation. Nor shall any entity discriminate against any individual because of his or her race, color, sex or national origin, or classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
(F) All state agencies or quasi-state agencies, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall adhere to and comply with the Equal Protection Clauses of the Constitution of this State and the Constitution of the United States.
(G) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall, not require an individual to participate in a program that encourages preferential or differential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation.
(H) For purposes of an institution of higher learning:
(1) When determining admissions or employment decisions, a public institution of higher learning may not expend any funds appropriated or authorized to promise admission, benefits, or promote or engage in differential treatment to an applicant for admission, or hire or promote a faculty member or employee, on the applicant's or faculty member's or employee's commitment to or making a declaration of personal support for or disagreement with any political ideology or movement, including a promise or statement regarding diversity, equity, inclusion, or other associated political issues.
(2) A public institution of higher learning may not ask for or demand any political promise or declaration from an applicant, or a faculty member or employee.
(3) If a public institution of higher learning receives a promise or declaration describing a commitment to any political ideology or movement, including a political promise or declaration regarding diversity, equity, inclusion, or other associated political issues, it may not promote or engage in differential treatment, grant or deny admission or benefits to a student, or hire or promote a faculty member or employee, based on the opinions expressed in the promise or declaration.
(4) A public institution of higher learning shall not require a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion. A public institution of higher learning shall not take an adverse employment action against a faculty member or employee of the institution for the faculty member's or employee's failure or refusal to participate in such training or program.
(5) A public institution of higher learning shall not infringe on a student, faculty member, or employee's right to free speech provided by the Constitution of this State and the Constitution of the United States. A public institution of higher learning shall not discriminate on the basis of viewpoint discrimination.
(6) Nothing in this subsection prohibits a public institution of higher learning from complying with federal law or applicable court order, or acting against a student, faculty member, or employee for violations of federal or state law or requiring a student, faculty member, or employee to comply with federal or state law, including antidiscrimination laws.
(7) Nothing in this subsection may be construed to limit or prohibit an institution of higher learning or an employee or faculty member from:
(a) applying for a grant;
(b) complying with the terms of accreditation by an accrediting agency;
(c) submitting to the grantor or accrediting agency a statement that highlights the institution's work in supporting student populations; or
(d) certifying compliance with state and federal antidiscrimination laws.
(8) Each public institution of higher learning shall provide each student, employee, and faculty member with an electronic copy of the language contained in this section.
(I) This section does not prevent any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State from engaging in speech protected by the Constitution of this State or the Constitution of the United States.
(J) The attorney general shall enforce the provisions of this section and may bring an action for injunctive or declaratory relief in any court of competent jurisdiction to do so.
(K) Every state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall report to the Department of Administration by August first of each year the total number and nature of the complaints made to the respective entity regarding a violation of the provisions of this section and the resolution, or status, of the complaint. The department shall provide a report to the Speaker of the House of Representatives and the President of the Senate by October first of each year summarizing this information. Nothing in this subsection requires the disclosure of the identity of the individual who made the complaint.
(L) An individual making a report pursuant to this section is protected by the provisions set forth in Chapter 27, Title 8.
(M) Nothing in this section prohibits any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State from complying with state or federal law.
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, 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 3. This act takes effect on July 1, 2025.
Amend the bill further, by striking all after the title but before the enacting words.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON moved to table the amendment, which was agreed to.
Rep. JONES proposed the following Amendment No. 3 to H. 3927 (Word version) (LC-3927.DG0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N)(1) Notwithstanding any other provision of this section, no public institution of higher education in South Carolina shall be restricted from engaging in academic discussions, research, or initiatives that include the study, discussion, or promotion of diversity, equity, and inclusion as part of its core mission as a marketplace of ideas. Furthermore, no state agency, public university, or school district shall be prohibited from considering diversity, equity, and inclusion-related perspectives in hiring, curriculum development, or student support services, in accordance with First Amendment protections of the United States Constitution against government-compelled speech and viewpoint discrimination.
(2) If any provision of this section is determined to violate the United States Constitution, including the First Amendment's protections of free speech and academic freedom, that provision shall be deemed null and void.
Renumber sections to conform.
Amend title to conform.
Rep. JONES explained the amendment.
Rep. HART spoke in favor of the amendment.
Rep. HART spoke in favor of the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. BAMBERG spoke in favor of the amendment.
Rep. MCDANIEL moved that Rule 3.9 be invoked.
The SPEAKER PRO TEMPORE ordered an attendance roll call.
The yeas and nays were taken resulting as follows:
Alexander Anderson Bailey Ballentine Bamberg Bauer Beach Bernstein Bowers Brewer Brittain Burns Bustos Calhoon Caskey Chapman Clyburn Cobb-Hunter Collins B. L. Cox Crawford Cromer Davis Dillard Duncan Erickson Forrest Gagnon Garvin Gibson Gilliam Gilliard Gilreath Govan Grant Guest Guffey Haddon Hager Harris Hart Hartnett Hartz Hayes Henderson-Myers Herbkersman Hewitt Hiott Holman Hosey Howard Huff J. E. Johnson J. L. Johnson Jones Jordan King Kirby Landing Lawson Ligon Long Lowe Luck Magnuson Martin May McCabe McCravy McDaniel McGinnis Mitchell Montgomery J. Moore T. Moore Morgan Moss W. Newton Oremus Pace Pedalino Pope Rankin Reese Rivers Robbins Rose Sanders Schuessler G. M. Smith M. M. Smith Spann-Wilder Stavrinakis Taylor Teeple Terribile Vaughan Waters Weeks Wetmore Whitmire Wickensimer Williams Willis Wooten Yow
The SPEAKER PRO TEMPORE announced that a quorum was present.
The SPEAKER PRO TEMPORE granted Rep. BEACH a temporary leave of absence.
Rep. RIVERS spoke in favor of the amendment.
Rep. RIVERS continued speaking.
Rep. RIVERS spoke in favor of the amendment.
The ACTING SPEAKER HIOTT granted Rep. PACE a temporary leave of absence.
Rep. RIVERS continued speaking.
Rep. GRANT spoke in favor of the amendment.
Rep. GRANT spoke in favor of the amendment.
Rep. J. MOORE spoke in favor of the amendment.
Rep. SPANN-WILDER spoke in favor of the amendment.
Rep. SPANN-WILDER continued speaking.
Rep. SPANN-WILDER spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. KIRBY spoke in favor of the amendment.
Rep. KIRBY spoke in favor of the amendment.
Rep. WEEKS spoke in favor of the amendment.
Rep. HIOTT moved cloture on the entire matter.
Rep. WEEKS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Hosey Howard J. L. Johnson Jones King Luck McDaniel J. Moore Reese Rivers Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, cloture was ordered.
Rep. DILLARD spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment, which was agreed to.
Rep. JONES proposed the following Amendment No. 4 to H. 3927 (Word version) (LC-3927.DG0004H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N)(1) Notwithstanding any other provision of this section, no agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall implement policies that result in the discriminatory exclusion or disproportionate harm of any group based on race, ethnicity, gender, or other protected characteristics under the Fourteenth Amendment's Equal Protection Clause of the United State Constitution. If hiring preferences for veterans or other groups are permitted, such preferences shall not selectively prohibit programs aimed at addressing historical barriers for minority groups, women, or LGBTQ+ individuals.
(2) If any provision of this section is found to violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution due to its selective prohibition of diversity-related programs while allowing other preferences, that provision shall be deemed null and void.
Renumber sections to conform.
Amend title to conform.
Rep. JONES spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. JONES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. JONES proposed the following Amendment No. 5 to H. 3927 (Word version) (LC-3927.DG0005H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N)(1) No provision of this act shall be applied retroactively to nullify, void, or otherwise impair any existing contract entered into by state agencies or quasi-state agencies, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State prior to the enactment of this section. Any attempt to interfere with existing contractual obligations related to diversity, equity, and inclusion initiatives shall be considered a violation of the Contract Clause of Article I, Section 10 of the United States Constitution and shall be deemed unenforceable.
(2) If any provision of this section is found to unlawfully impair contractual agreements entered into in good faith, that provision shall be deemed null and void to the extent of its unconstitutional interference.
Renumber sections to conform.
Amend title to conform.
Rep. JONES spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Bowers Bradley Brewer Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Luck McDaniel Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. REESE proposed the following Amendment No. 6 to H. 3927 (Word version) (LC-3927.AHB0004H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(H)(7)(c) and (d) and inserting:
(c) submitting to the grantor or accrediting agency a statement that highlights the institution's work in supporting student populations; or
(d) certifying compliance with state and federal antidiscrimination laws.; or
(e) creating initiatives that seek to ensure that undergraduate premedical programs enroll a student population that is representative of the population of South Carolina.
Renumber sections to conform.
Amend title to conform.
Rep. REESE spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Brewer Brittain Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson King Kirby Luck McDaniel Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. GARVIN proposed the following Amendment No. 10 to H. 3927 (Word version) (LC-3927.AHB0007H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(K) and inserting:
(K) Every state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall report to the Department of Administration by August first of each year the total number and nature of the complaints made to the respective entity regarding a violation of the provisions of this section and the resolution, or status, of the complaint. The department shall provide a report to the Speaker of the House of Representatives and the President of the Senate by October first of each year summarizing this information. Nothing in this subsection requires the disclosure of the identity of the individual who made the complaint. All reporting must include information on the source of the complaint and detailed descriptions of how the alleged actions may violate this subsection. However, identifying information of the subject of the complaint must be removed.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG moved to table the amendment.
Rep. GARVIN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Pedalino Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. GARVIN proposed the following Amendment No. 11 to H. 3927 (Word version) (LC-3927.AHB0005H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(H)(7)(a), (b), (c), and (d) and inserting:
(a) applying for a grant, or seeking private donations, federal funding, scholarships, charitable funds and endowments, or research and creative works;
(b) engaging in efforts to recruit and hire staff reflecting the demographics of the populations they serve;
(b)(c) complying with the terms of accreditation by an accrediting agency;
(c)(d) submitting to the grantor or accrediting agency a statement that highlights the institution's work in supporting student populations; or
(d)(e) certifying compliance with state and federal antidiscrimination laws.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. GARVIN proposed the following Amendment No. 12 to H. 3927 (Word version) (LC-3927.AHB0006H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(J) and inserting:
(J) The attorney general shall enforce the provisions of this section and may bring an action for injunctive or declaratory relief in any court of competent jurisdiction to do so. An administrative body consisting of educational leaders, students, and community members to review complaints and enforce this the provisions of this section must be created by the Department of Administration. An informal hearing with due process procedures will be conducted by the administrative body to determine if any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, is in violation of this provision and proper procedures will be set up to allow appeal of any administrative decision.
Renumber sections to conform.
Amend title to conform.
Rep. GARVIN spoke in favor of the amendment.
Rep. BAMBERG spoke against the amendment.
Rep. BAMBERG moved to table the amendment.
Rep. GRANT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bamberg Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 12 to H. 3927 (Word version). If I had been present, I would have voted to table the amendment.
Rep. Robby Robbins
Reps. SPANN-WILDER, MCDANIEL, HENDERSON-MYERS, RIVERS, GOVAN, HOWARD, GILLIARD, GARVIN, GRANT, CLYBURN, J.L. JOHNSON, HOSEY, LUCK, KING and J. MOORE proposed the following Amendment No. 13 to H. 3927 (Word version) (LC-3927.AHB0001H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by adding:
Section 1-1-1920. (A) For purposes of this section, the term:
(1) "Family member" means any person related by blood, marriage, or adoption. This includes, but is not limited to, spouses, domestic partners, parents, children, stepchildren, siblings, half-siblings, grandparents, grandchildren, aunts, uncles, cousins, and any other relatives by consanguinity or affinity.
(2) "Nepotism" means the practice of favoring family members in employment decisions, including hiring, promotion, or assignment, regardless of qualifications or competitive merit.
(B) No state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall engage in any form of nepotism. Specifically, no person shall be hired, promoted, or otherwise employed based solely or in part on the basis of a familial relationship by blood, marriage, or adoption with an incumbent, decision-maker, or any individual in a position to influence employment decisions. All hiring, promotion, and appointment processes conducted by a state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State must be based on merit and competitive, open procedures, with full disclosure of any potential familial relationships that could influence the process. All family members including, but not limited to, current employees in management positions, applicants for employment, employees receiving a promotion, and elected state and local officials must disclose family member relationships to the appropriate employing agency to ensure transparency, accountability, and fairness in hiring, employment, and promotion decisions.
(C) The prohibition provided in subsection (B) does not apply when:
(1) the family member in question independently meets the qualifications for the position through an open and competitive process without any preferential treatment; and
(2) there is full disclosure of the relationship, and the hiring decision is subject to an independent review to ensure fairness and compliance with merit-based standards.
Any exception granted under the provisions of this subsection must be documented and justified in writing by the agency responsible for the hiring decision.
(D) All state agencies or quasi-state agencies, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall establish and maintain procedures to ensure compliance with this section. Violations of the provisions of this section are subject to administrative review and corrective action, which may include rescission of the hiring decision and other disciplinary measures as deemed appropriate.
(E) Each state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall annually report to both the House and Senate Oversight Committees the number of hires and promotions, including any exceptions approved under subsection (C), along with a summary of the measures taken to ensure compliance with this section.
Renumber sections to conform.
Amend title to conform.
Rep. SPANN-WILDER spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Beach Bowers Brewer Brittain Burns Bustos Calhoon Chapman Chumley Collins B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Huff J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore White Williams
So, the amendment was tabled.
The SPEAKER PRO TEMPORE granted Rep. COLLINS a leave of absence for the remainder of the day.
Rep. COBB-HUNTER proposed the following Amendment No. 14 to H. 3927 (Word version) (LC-3927.HDB0011H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1920(A), by adding an item to read:
(3) "Legacy" means an applicant for admission to a public institution of higher learning who has a parent, grandparent, sibling, aunt, uncle, or permanent guardian who previously attended the institution to which the applicant seeks admission.
Amend the bill further, SECTION 1, by adding:
Chapter 1, Title 1 of the S.C. Code is amended by adding:
Section 1-1-1980. When determining admissions, a public institution of higher learning may not grant preferential treatment to an applicant based on legacy status. Both undergraduate and graduate admissions decisions must be made without regard to legacy status, and no applicant with legacy status may receive preferential treatment over any other applicant based on legacy status.
Renumber sections to conform.
Amend title to conform.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. HART demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McGinnis Mitchell Montgomery Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McCravy McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. KIRBY proposed the following Amendment No. 17 to H. 3927 (Word version) (LC-3927.AHB0011H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(G) and inserting:
(G) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall,may offer for voluntary participation, but may not require, an individual to participate in a program that encourages preferential or differential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation.
Amend the bill further, SECTION 1, by striking Section 1-1-1910(H)(4) and inserting:
(4) A public institution of higher learning shallmay offer for voluntary participation, but may not require, a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion. A public institution of higher learning shall not take an adverse employment action against a faculty member or employee of the institution for the faculty member's or employee's failure or refusal to participate in such training or program.
Renumber sections to conform.
Amend title to conform.
Rep. KIRBY spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. HENDERSON-MYERS proposed the following Amendment No. 18 to H. 3927 (Word version) (LC-3927.WAB0013H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910(A), by adding an item to read:
(3) "STEM programs" means academic programs focused on the education of science, technology, engineering, and mathematics (STEM) fields, including programs with K-12 schools that promote educational opportunities in these fields.
Amend the bill further, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N) All K-12 public school districts statewide shall develop and implement a comprehensive merit-based plan to give all public school students equal access to STEM programs. These programs must be designed to foster interest and develop the talent of students in STEM areas to make South Carolina public school graduates more competitive and in-demand.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. HENDERSON-MYERS moved to table the amendment, which was agreed to.
Rep. HENDERSON-MYERS proposed the following Amendment No. 19 to H. 3927 (Word version) (LC-3927.WAB0012H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910(A), by adding an item to read:
(3) "STEM programs" means academic programs focused on the education of science, technology, engineering, and mathematics (STEM) fields, including programs within public institutions of higher education that promote educational opportunities in these fields.
Amend the bill further, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N) All public institutions of higher education shall develop and implement a comprehensive program to:
(1) recognize the diverse pathways through which women and men may enter STEM fields, including the consideration of non-traditional academic experiences, community-based learning, and career technical education;
(2) create STEM career development programs to include leadership training, mentorship programs, and work-life balance initiatives to encourage all female and male students in STEM fields; and
(3) foster the development of all female and male students in an environment that minimizes bias and harassment and encourages the merit-based development of all women and men.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. HENDERSON-MYERS moved to table the amendment, which was agreed to.
Rep. KING proposed the following Amendment No. 20 to H. 3927 (Word version) (LC-3927.AHB0010H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910(H), by adding an item to read:
(9) No public institution of higher learning or K-12 public or charter school may expend any funds to recruit a non-caucasian student to participate in athletic programs.
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Brewer Brittain Bustos Calhoon Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Gilliard Govan Grant Hart Henderson-Myers Hosey J. L. Johnson King Kirby McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. HENDERSON-MYERS proposed the following Amendment No. 21 to H. 3927 (Word version) (LC-3927.WAB0014H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N) Nothing in this section may interfere with or otherwise have any negative economic impact on any current or future contractual obligations with any international country or organization.
Renumber sections to conform.
Amend title to conform.
Rep. HENDERSON-MYERS spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. BAMBERG proposed the following Amendment No. 22 to H. 3927 (Word version) (LC-3927.AHB0014H), which was tabled:
Amend the bill, before the enacting words by adding:
Whereas, the General Assembly asserts that systematic and systemic inequalities do not exist in South Carolina.
Renumber sections to conform.
Amend title to conform.
Rep. BAMBERG spoke in favor of the amendment.
Rep. MCGINNIS moved to table the amendment.
Rep. KIRBY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hiott Hixon Holman J. E. Johnson Jordan Landing Lawson Ligon Long Lowe Martin McCabe McGinnis Mitchell Montgomery T. Moore Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Dillard Edgerton Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard Huff J. L. Johnson Jones Kilmartin King Kirby Luck Magnuson May McCravy McDaniel J. Moore Morgan Reese Rivers Rose Rutherford Spann-Wilder Waters Weeks Wetmore White
So, the amendment was tabled.
Rep. WETMORE proposed the following Amendment No. 23 to H. 3927 (Word version) (LC-3927.HDB0009H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act may be construed so as to interfere with rights afforded by the South Carolina Constitution, the United States Constitution, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Discrimination in Employment Act, the Equal Pay Act of 1963, the Pregnancy Discrimination Act, or any other federal laws.
Further, nothing in this act may be construed so as to prohibit programs, initiatives, or funding related to maternal health, reproductive healthcare education, domestic violence prevention, or other public health initiatives designed to address disparities affecting women.
Renumber sections to conform.
Amend title to conform.
Rep. WETMORE spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. MCDANIEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Schuessler Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
I inadvertently voted against tabling Amendment No. 23. I intended to vote in favor of the tabling motion.
Rep. Carla Schuessler
Rep. MCDANIEL proposed the following Amendment No. 7 to H. 3927 (Word version) (LC-3927.HDB0002H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(B) and inserting:
(B) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall notmay establish or support any office, unit or division within that agency that is established or exists in whole or in part, for the promotion of diversity, equity, and inclusion if the endeavors of that office, unit, or division do not mandate diversity, equity, and inclusion requirements using state funds.
Renumber sections to conform. Amend title to conform.
Rep. MCDANIEL spoke in favor of the amendment.
Rep. HIOTT moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. MCDANIEL proposed the following Amendment No. 8 to H. 3927 (Word version) (LC-3927.SA0002H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(B) and inserting:
(B) Except as required by state and federal law, any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not establish or support any office, unit or division within that agency that is established or exists in whole or in part, for the promotion of diversity, equity, and inclusionwhite supremacy.
Amend the bill further, SECTION 1, by striking Section 1-1-1910(E) and inserting:
(E) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not promote differential treatment, which is the intentional act of treating individuals or groups differently based on a protected characteristic, or provide special benefits to individuals on the basis of race, sex, color, ethnicity, gender, or sexual orientationwhite supremacy. Nor shall any entity discriminate against any individual because of his or her race, color, sex or national origin, or classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
Amend the bill further, SECTION 1, by striking Section 1-1-1910(G) and inserting:
(G) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall, not require an individual to participate in a program that encourages preferential or differential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientationwhite supremacy.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Bowers Bradley Brewer Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartz Hewitt Hiott Hixon Holman Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Terribile Vaughan White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Atkinson Ballentine Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. MCDANIEL proposed the following Amendment No. 9 to H. 3927 (Word version) (LC-3927.WAB0011H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 1-1-1910(D) and inserting:
(D) Any state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State, shall not:
(1) give preferential treatment on the basis of race, sex, color, ethnicity, gender, or sexual orientation to an applicant for employment and shall comply with the Constitution of this State and the Constitution of the United States by ensuring that all rules, policies, employment practices, use of state funds, and all other official actions treat people equally.; and
(2) include any question intended to identify the race, sex, color, ethnicity, gender, or sexual orientation of an applicant for employment.
Renumber sections to conform.
Amend title to conform.
Rep. KING spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. GRANT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Garvin Gilliard Govan Grant Hart Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON proposed the following Amendment No. 15 to H. 3927 (Word version) (LC-3927.WAB0005H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(L) Every state agency or quasi-state agency, including institutions of higher education, school districts, charter schools, and all political subdivisions of this State shall report to the Department of Administration by August first of each year the total number of decisions or other actions taken in carrying out the provisions of this article including, but not limited to, the termination or denial of positions, services, student groups, instructional programs, and student activities. The department shall provide a report to the Speaker of the House of Representatives and the President of the Senate by October first of each year summarizing this information. Nothing in this subsection requires the disclosure of the identity of the individual who made the complaint.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON proposed the following Amendment No. 16 to H. 3927 (Word version) (LC-3927.WAB0006H), which was tabled:
Amend the bill, as and if amended, SECTION 1, Section 1-1-1910, by adding a subsection to read:
(N) Nothing in this section prohibits any state agency or quasi-agency, including institutions of higher education and political subdivisions of the State that provide healthcare, from making distinctions in research, treatment, or communications about healthcare issues that disproportionately affect a segment of the population based on race, sex, color, ethnicity, gender, or sexual orientation.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bannister Beach Bowers Brewer Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Hewitt Hiott Hixon Holman Jordan Kilmartin Lawson Long Lowe Magnuson Martin May McCabe McCravy McGinnis Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Vaughan White Whitmire Wickensimer Willis Wooten
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. HIOTT proposed the following Amendment No. 24 to H. 3927 (Word version) (LC-3927.DG0011H):
Amend the bill, by striking all after the title but before the enacting words and inserting:
Whereas, longstanding state and federal civil rights laws protect individual South Carolinians from discrimination based on race, religion, color, sex, age, national origin, or disability. These civil rights protections serve as a bedrock supporting equality of opportunity for all South Carolinians; and
Whereas, the General Assembly finds it necessary to ensure that these laws are enforced for the benefit of all South Carolinians; and
Whereas, the General Assembly finds that roughly sixty years after the passage of the Civil Rights Act of 1964, critical and influential institutions of American society, including the federal government, major corporations, financial institutions, the medical industry, large commercial airlines, and institutions of higher education have adopted and actively used dangerous, demeaning, and immoral discriminatory preferences under the guise of so-called "diversity, equity, and inclusion" (DEI) that can violate the civil rights laws of this State and Nation; and
Whereas, illegal DEI policies not only violate the text and spirit of our longstanding state and federal civil rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. Hardworking South Carolinians who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of unlawful discrimination; and
Whereas, these illegal DEI policies also threaten the safety of men, women, and children across South Carolina by diminishing the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and services in key sectors of American society, including all levels of government, and the medical and aviation communities. Yet in case after tragic case, South Carolinians have witnessed on the national landscape the disastrous consequences of illegal, pernicious discrimination that has prioritized how people were born instead of what they were capable of doing; and
Whereas, the Trump Administration issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," to ensure that employment and educational opportunities within the federal government are based on merit rather than unlawful discrimination; and
Whereas, it is in the best interest of the State of South Carolina to uphold these same principles by applying similar standards to state and local governments, as well as educational institutions of this state, thereby ensuring that all individuals are treated fairly and given equal opportunities based on their qualifications and abilities; and
Whereas, following the leadership of the President in prioritizing merit-based policies will strengthen public trust in government institutions and reinforce South Carolina's commitment to fairness, equality, and the rule of law. Now, therefore,
Amend the bill further, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by adding:
Article 29
Diversity, Equity, and Inclusion
Section 1-1-1910. (A) The State of South Carolina is charged with enforcing our civil-rights laws. The purpose of this chapter is to ensure that it does so by ending illegal preferences and discrimination.
(B) It is the policy of the State of South Carolina to protect the civil rights of all citizens of South Carolina and to promote individual initiative, excellence, and hard work. Accordingly, all public entities of this State, including all public institutions of higher learning, all of its political subdivisions, and public school districts and public charter schools, must:
(1) terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements; and
(2) enforce the state's longstanding civil rights laws to combat illegal private-sector DEI mandates, policies, programs, and activities.
Section 1-1-1920. (A)For the purposes of this chapter:
(1) "Public Entity" means any agency, office, division, or other unit by any name of every agency, office, or department of this State, and all of its political subdivisions, including all institutions of higher learning and public school districts and public charter schools.
(2) "Diversity, Equity, and Inclusion" or "DEI" means any preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or requirements implemented by a public entity that constitutes illegal discrimination on the basis of race, color, religion, sex, or national origin.
Section 1-1-1930. Except as required by federal law, a public entity shall not:
(1) implement, maintain, or promote diversity, equity, and inclusion, including but not limited to influencing employment practices or admissions on the basis of diversity, equity, or inclusion;
(2) give preferential treatment on the basis of diversity, equity, and inclusion;
(3) compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
(4) establish or support any office, unit or division within that public entity that is established or exists, in whole or in part, for the promotion of diversity, equity, and inclusion; or
(5) require an individual to participate in a diversity, equity, and inclusion program or training.
Section 1-1-1940. (A) Before any public entity may enter into any contract or award any grant, the applicable contractor or grant recipient must certify that it does not operate any unlawful programs or hiring practices that violate state or federal antidiscrimination laws.
(B) Before any public entity may make a contribution, disbursement, transfer, or distribution of any funds, regardless of source and including lottery scholarship funding, to an organization, the organization must certify that it does not operate any programs promoting DEI in violation of any applicable state or federal antidiscrimination laws.
(C) The head of each public entity shall include in every contract, grant, or incentives award:
(1) a term requiring the contractual counterparty or grant or incentives recipient to agree that its compliance in all respects with all applicable state and federal antidiscrimination laws is material to the government's decision to award such contract, grant, or incentive; and
(2) a term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable state or federal antidiscrimination laws.
Section 1-1-1950. (A) As used in this section:
(1) "Accrediting agency" means an agency or association that accredits institutions of higher learning.
(2) "Accreditation cycle" means the period of time during which a constituent institution is accredited.
(B) An institution of higher learning shall pursue accreditation with an accrediting agency that is different from its current accrediting agency if its current accrediting agency requires the institution of higher learning to maintain a DEI program that constitutes illegal discrimination on the basis of race, color, religion, sex, or national origin.
(C) If the institution is not granted candidacy status by any regional accrediting agency that is different from its current accrediting agency at least three years prior to the expiration of its current accreditation, the institution may remain with its current accrediting agency for an additional accreditation cycle.
Section 1-1-1960. (A)(1) This article does not apply to lawful state or private sector employment and contracting preferences for veterans of the U.S. Armed Forces or persons protected by the Randolph-Sheppard Act, 20 U.S.C. 107, et seq.
(2) This article does not prevent state or local governments, contractors, or federally funded state and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.
(B)(1) This article is not intended to and does not create any private right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(2) The Inspector General may investigate and address or enforce any allegations of violations of this article. The Inspector General shall develop a process and platform whereby complaints may be filed regarding potential violations of this article. An individual making a report pursuant to this article is protected by the provisions set forth in Chapter 27, Title 8.
(3) Every public entity shall report to the Department of Administration by August first of each year the total number and nature of the complaints made to the respective entity in the previous year regarding a violation of the provisions of this article and the resolution, or status, of the complaint. The department shall provide a report to the Speaker of the House of Representatives, the President of the Senate, the Inspector General, and the Attorney General by October first of each year summarizing this information. Nothing in this item requires the disclosure of the identity of the individual who made the complaint.
(4) The Attorney General may enforce the provisions of this article and may bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
Section 1-1-1970. (A) The provisions of this article shall not be construed to infringe upon, diminish, or otherwise take away any rights, protections, or privileges afforded to individuals with disabilities under the laws of this State or the United States, including but not limited to the Americans with Disabilities Act of 1990, as amended, and any other applicable federal or state law.
(B) The provisions of this article shall not be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution.
(C) The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
SECTION 2. Section 1-13-110 of the S.C. Code is repealed.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, 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 4. This act takes effect upon approval by the Governor and first applies to Fiscal Year 2025-2026 and School Year 2025-2026.
Renumber sections to conform.
Amend title to conform.
Rep. HIOTT moved to adjourn debate on the amendment, which was agreed to.
Rep. J. L. JOHNSON proposed the following Amendment No. 25 to H. 3927 (Word version) (LC-3927.HDB0006H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act may be construed so as to prohibit implicit bias training.
Renumber sections to conform.
Amend title to conform.
Rep. WATERS spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON proposed the following Amendment No. 26 to H. 3927 (Word version) (LC-3927.HDB0007H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act may be construed so as to prohibit the organization of, or activities of, fraternities and sororities that are members of the National Pan-Hellenic Council.
Renumber sections to conform.
Amend title to conform.
Rep. J. L. JOHNSON spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Bowers Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Hewitt Hiott Hixon Holman J. E. Johnson Jordan Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Beach Bernstein Clyburn Cobb-Hunter Dillard Duncan Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones Kilmartin King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore White Williams
So, the amendment was tabled.
Rep. J. L. JOHNSON proposed the following Amendment No. 27 to H. 3927 (Word version) (LC-3927.HDB0008H), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
SECTION X. Nothing in this act may be construed so as to prohibit institutions of higher education from teaching African American history or the 1619 Project.
Renumber sections to conform.
Amend title to conform.
Rep. WILLIAMS spoke in favor of the amendment.
Rep. ERICKSON moved to table the amendment.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Hardee Harris Hartnett Hartz Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell Montgomery T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Wetmore Williams
So, the amendment was tabled.
Rep. HIOTT proposed the following Amendment No. 24 to H. 3927 (Word version) (LC-3927.DG0011H), which was adopted:
Amend the bill, by striking all after the title but before the enacting words and inserting:
Whereas, longstanding state and federal civil rights laws protect individual South Carolinians from discrimination based on race, religion, color, sex, age, national origin, or disability. These civil rights protections serve as a bedrock supporting equality of opportunity for all South Carolinians; and
Whereas, the General Assembly finds it necessary to ensure that these laws are enforced for the benefit of all South Carolinians; and
Whereas, the General Assembly finds that roughly sixty years after the passage of the Civil Rights Act of 1964, critical and influential institutions of American society, including the federal government, major corporations, financial institutions, the medical industry, large commercial airlines, and institutions of higher education have adopted and actively used dangerous, demeaning, and immoral discriminatory preferences under the guise of so-called "diversity, equity, and inclusion" (DEI) that can violate the civil rights laws of this State and Nation; and
Whereas, illegal DEI policies not only violate the text and spirit of our longstanding state and federal civil rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. Hardworking South Carolinians who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of unlawful discrimination; and
Whereas, these illegal DEI policies also threaten the safety of men, women, and children across South Carolina by diminishing the importance of individual merit, aptitude, hard work, and determination when selecting people for jobs and services in key sectors of American society, including all levels of government, and the medical and aviation communities. Yet in case after tragic case, South Carolinians have witnessed on the national landscape the disastrous consequences of illegal, pernicious discrimination that has prioritized how people were born instead of what they were capable of doing; and
Whereas, the Trump Administration issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," to ensure that employment and educational opportunities within the federal government are based on merit rather than unlawful discrimination; and
Whereas, it is in the best interest of the State of South Carolina to uphold these same principles by applying similar standards to state and local governments, as well as educational institutions of this state, thereby ensuring that all individuals are treated fairly and given equal opportunities based on their qualifications and abilities; and
Whereas, following the leadership of the President in prioritizing merit-based policies will strengthen public trust in government institutions and reinforce South Carolina's commitment to fairness, equality, and the rule of law. Now, therefore,
Amend the bill further, by striking all after the enacting words and inserting:
SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by adding:
Section 1-1-1910. (A) The State of South Carolina is charged with enforcing our civil-rights laws. The purpose of this chapter is to ensure that it does so by ending illegal preferences and discrimination.
(B) It is the policy of the State of South Carolina to protect the civil rights of all citizens of South Carolina and to promote individual initiative, excellence, and hard work. Accordingly, all public entities of this State, including all public institutions of higher learning, all of its political subdivisions, and public school districts and public charter schools, must:
(1) terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements; and
(2) enforce the state's longstanding civil rights laws to combat illegal private-sector DEI mandates, policies, programs, and activities.
Section 1-1-1920. (A)For the purposes of this chapter:
(1) "Public Entity" means any agency, office, division, or other unit by any name of every agency, office, or department of this State, and all of its political subdivisions, including all institutions of higher learning and public school districts and public charter schools.
(2) "Diversity, Equity, and Inclusion" or "DEI" means any preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, or requirements implemented by a public entity that constitutes illegal discrimination on the basis of race, color, religion, sex, or national origin.
Section 1-1-1930. Except as required by federal law, a public entity shall not:
(1) implement, maintain, or promote diversity, equity, and inclusion, including but not limited to influencing employment practices or admissions on the basis of diversity, equity, or inclusion;
(2) give preferential treatment on the basis of diversity, equity, and inclusion;
(3) compel, require, induce, or solicit any person to provide a diversity, equity, and inclusion statement or give preferential consideration to any person based on the provision of a diversity, equity, and inclusion statement.
(4) establish or support any office, unit or division within that public entity that is established or exists, in whole or in part, for the promotion of diversity, equity, and inclusion; or
(5) require an individual to participate in a diversity, equity, and inclusion program or training.
Section 1-1-1940. (A) Before any public entity may enter into any contract or award any grant, the applicable contractor or grant recipient must certify that it does not operate any unlawful programs or hiring practices that violate state or federal antidiscrimination laws.
(B) Before any public entity may make a contribution, disbursement, transfer, or distribution of any funds, regardless of source and including lottery scholarship funding, to an organization, the organization must certify that it does not operate any programs promoting DEI in violation of any applicable state or federal antidiscrimination laws.
(C) The head of each public entity shall include in every contract, grant, or incentives award:
(1) a term requiring the contractual counterparty or grant or incentives recipient to agree that its compliance in all respects with all applicable state and federal antidiscrimination laws is material to the government's decision to award such contract, grant, or incentive; and
(2) a term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable state or federal antidiscrimination laws.
Section 1-1-1950. (A) As used in this section:
(1) "Accrediting agency" means an agency or association that accredits institutions of higher learning.
(2) "Accreditation cycle" means the period of time during which a constituent institution is accredited.
(B) An institution of higher learning shall pursue accreditation with an accrediting agency that is different from its current accrediting agency if its current accrediting agency requires the institution of higher learning to maintain a DEI program that constitutes illegal discrimination on the basis of race, color, religion, sex, or national origin.
(C) If the institution is not granted candidacy status by any regional accrediting agency that is different from its current accrediting agency at least three years prior to the expiration of its current accreditation, the institution may remain with its current accrediting agency for an additional accreditation cycle.
Section 1-1-1960. (A)(1) This article does not apply to lawful state or private sector employment and contracting preferences for veterans of the U.S. Armed Forces or persons protected by the Randolph-Sheppard Act, 20 U.S.C. 107, et seq.
(2) This article does not prevent state or local governments, contractors, or federally funded state and local educational agencies or institutions of higher education from engaging in First Amendment-protected speech.
(B)(1) This article is not intended to and does not create any private right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(2) The Inspector General may investigate and address or enforce any allegations of violations of this article. The Inspector General shall develop a process and platform whereby complaints may be filed regarding potential violations of this article. An individual making a report pursuant to this article is protected by the provisions set forth in Chapter 27, Title 8.
(3) Every public entity shall report to the Department of Administration by August first of each year the total number and nature of the complaints made to the respective entity in the previous year regarding a violation of the provisions of this article and the resolution, or status, of the complaint. The department shall provide a report to the Speaker of the House of Representatives, the President of the Senate, the Inspector General, and the Attorney General by October first of each year summarizing this information. Nothing in this item requires the disclosure of the identity of the individual who made the complaint.
(4) The Attorney General may enforce the provisions of this article and may bring an action for injunctive or declaratory relief in any court of competent jurisdiction.
Section 1-1-1970. (A) The provisions of this article shall not be construed to infringe upon, diminish, or otherwise take away any rights, protections, or privileges afforded to individuals with disabilities under the laws of this State or the United States, including but not limited to the Americans with Disabilities Act of 1990, as amended, and any other applicable federal or state law.
(B) The provisions of this article shall not be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution.
(C) The provisions of this article shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
SECTION 2. Section 1-13-110 of the S.C. Code is repealed.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, 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 4. This act takes effect upon approval by the Governor and first applies to Fiscal Year 2025-2026 and School Year 2025-2026.
Renumber sections to conform.
Amend title to conform.
Rep. ERICKSON spoke in favor of the amendment.
Rep. KIRBY raised the Rule 5.13 Point of Order that Amendment No. 24 did not have a fiscal impact statement.
The SPEAKER PRO TEMPORE stated that Rule 5.13 did not require a fiscal impact statement on amendments offered from the floor. He stated further that a fiscal impact statement was required under Rule 5.13 on specific bills and joint resolutions and specific committee amendments, but the rule did not require a fiscal impact on floor amendments offered by individual representatives. He overruled the Point of Order.
Rep. HART spoke against the amendment.
Rep. KING moved to table the amendment.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Bowers Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. ERICKSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bamberg Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hart Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the amendment was adopted.
I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 24 to H. 3927 (Word version). If I had been present, I would have voted in favor of the amendment.
Rep. Scott Montgomery
Rep. JONES spoke against the Bill.
Rep. KING spoke against the Bill.
Rep. SPANN-WILDER spoke against the Bill.
Rep. BAMBERG spoke in favor of the Bill.
Rep. GRANT spoke against the Bill.
Rep. MCDANIEL spoke against the Bill.
Rep. MCDANIEL continued speaking.
Rep. KING moved to recommit the Bill to the Committee on Education and Public Works.
Rep. MAGNUSON moved to table the motion.
Rep. J. L. JOHNSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Calhoon Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Haddon Hager Harris Hartnett Hartz Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Alexander Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Rivers Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the motion to recommit the Bill was tabled.
The SPEAKER PRO TEMPORE granted Rep. CALHOON a leave of absence for the remainder of the day.
Rep. ERICKSON spoke in favor of the Bill.
Rep. McDANIEL raised the Point of Order that H. 3927 (Word version), as amended, violates the doctrine of Home Rule and the provisions of Article VIII of the South Carolina Constitution.
The SPEAKER PRO TEMPORE stated that a question of violating Home Rule was a substantive question of law and not a procedural question. He stated further that the Speaker could not rule upon substantive questions of law and that it was the responsibility of the judiciary to address substantive questions of constitutional law. He stated that Point of Order was out of order, and he overruled the Point of Order.
Rep. J. L. JOHNSON spoke against the Bill.
Rep. RIVERS spoke against the Bill.
Rep. CROMER spoke in favor of the Bill.
Rep. ALEXANDER spoke against the Bill.
Rep. GARVIN spoke against the Bill.
Rep. WATERS spoke against the Bill.
Rep. HOWARD spoke against the Bill.
Rep. MAGNUSON spoke in favor of the Bill.
Rep. HOLMAN spoke in favor of the Bill.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Burns Bustos Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Anderson Atkinson Bauer Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Hayes Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
I inadvertently voted in favor of H. 3927 (Word version), also referred to as the "DEI Bill". I wish the record to show that I intended to vote against the bill.
Rep. Terry Alexander
Due to a prior scheduled event in Lexington, I am respectfully requesting leave. In the event of a vote on H. 3927 (Word version), I would have voted in the affirmative.
Rep. Paula Calhoon
I was temporarily out of the Chamber on constituent business during the vote on H. 3927 (Word version). If I had been present, I would have voted against the Bill.
Rep. Chris Hart
I was temporarily out of the Chamber on constituent business during the vote on H. 3927 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. Scott Montgomery
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3524 (Word version) -- Reps. J. E. Johnson, Spann-Wilder, Gilliard, Anderson, Rivers and Williams: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-3-1410, RELATING TO THE DEPARTMENT OF CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, SO AS TO DELETE A PROVISION EXEMPTING CERTAIN CRIME VICTIM SERVICE PROVIDERS FROM BASIC CERTIFICATION REQUIREMENTS; AND BY AMENDING SECTION 16-3-1420, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, SO AS TO REVISE THE DEFINITION OF "VICTIM SERVICE PROVIDER" TO EXCLUDE MENTAL HEALTH CLINICIANS LICENSED IN THIS STATE.
H. 3525 (Word version) -- Reps. J. E. Johnson, Spann-Wilder, Gilliard, Anderson, Rivers, Williams and J. Moore: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-1-211.5, RELATING TO TRAINING AND TECHNICAL ASSISTANCE FOR MUNICIPALITIES AND COUNTIES REGARDING CRIME VICTIM FUNDS, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF CRIME VICTIM ASSISTANCE GRANTS TO THE DEPARTMENT OF CRIME VICTIM COMPENSATION; BY AMENDING SECTION 16-3-1200, RELATING TO COMPENSATION OF CRIME VICTIMS AND CONDUCT OF A VICTIM OR INTERVENOR CONTRIBUTING TO INFLICTION OF INJURY, SO AS TO UPDATE A REFERENCE TO THE DEFINITION OF "INTERVENOR"; BY AMENDING SECTION 16-3-1420, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE ON CRIME VICTIM SERVICES TRAINING, PROVIDER CERTIFICATION, AND STATISTICAL ANALYSIS, SO AS TO REMOVE AN UNNECESSARY DEFINITION OF "WITNESS"; BY AMENDING SECTION 16-3-1430, RELATING TO VICTIM ASSISTANCE SERVICES, SO AS TO REMOVE REFERENCES TO SPOUSE ABUSE AND REFERENCE DOMESTIC VIOLENCE AND UPDATE THE STATUTE TO REFLECT VICTIM SERVICES, TO REPLACE REPRESENTATIVES OF THE STATE OFFICE OF VICTIM ASSISTANCE WITH REPRESENTATIVES APPOINTED BY THE CHAIR OF THE VICTIM SERVICES COORDINATING COUNCIL, AND TO MAKE OTHER TECHNICAL CHANGES; BY AMENDING SECTION 16-3-1510, RELATING TO DEFINITIONS FOR PURPOSES OF VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITION OF "CRIMINAL OFFENSE"; AND BY AMENDING SECTION 17-25-45, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED OF CERTAIN CRIMES AND THE LIST OF "MOST SERIOUS OFFENSE," SO AS TO DELETE AN OBSOLETE REFERENCE.
H. 4261 (Word version) -- Reps. G. M. Smith, J. Moore, Rivers and Anderson: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 53-3-320 SO AS TO DESIGNATE THE MONTH OF SEPTEMBER AS "BLOOD CANCER AWARENESS MONTH."
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3046 (Word version) -- Reps. T. Moore, Lawson, Wooten, Pope, Chapman, Spann-Wilder, McCravy, W. Newton, Vaughan, Mitchell, Rankin, Long, Oremus, Gibson, Burns, Edgerton, Guffey, Govan, Wickensimer, Caskey, Forrest, Yow, Cromer, Gilreath, Schuessler, B. Newton, Hixon, Gagnon, Calhoon, M. M. Smith, Davis, Taylor, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-15-375, RELATING TO DEFINITIONS APPLICABLE TO CERTAIN OFFENSES AGAINST MINORS, SO AS TO REVISE DEFINITIONS AND ADD THE TERMS "IDENTIFIABLE MINOR" AND "MORPHED IMAGE"; BY AMENDING SECTION 16-15-395, RELATING TO FIRST DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE MINORS AS AN OFFENSE; BY AMENDING SECTION 16-15-405, RELATING TO SECOND DEGREE SEXUAL EXPLOITATION OF A MINOR, SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE MINORS AS AN OFFENSE; BY AMENDING SECTION 16-15-410, RELATING TO THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR; SO AS TO INCLUDE MORPHED IMAGES OF IDENTIFIABLE MINORS AS AN OFFENSE; BY AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO INCLUDE THOSE GUILTY OF CRIMINAL EXPLOITATION OF A MINOR IN THE FIRST, SECOND, OR THIRD DEGREE AS A TIER II OFFENDER; BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF REGISTRATION REQUIREMENTS, SO AS TO CLARIFY POSSIBLE TERMINATION REQUIREMENTS AND INCLUDE TIER I AND TIER II DESIGNATIONS FOR OUT-OF-STATE OR FEDERAL CONVICTIONS; AND BY AMENDING SECTION 16-15-342, RELATING TO CRIMINAL SOLICITATION OF A MINOR, BY AMENDING SECTION 16-15-387, RELATING TO EMPLOYMENT OF A PERSON UNDER EIGHTEEN TO APPEAR IN PUBLIC IN A STATE OF SEXUALLY EXPLICIT NUDITY, AND BY AMENDING SECTION 44-48-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE SEXUALLY VIOLENT PREDATOR ACT, ALL SO AS TO MAKE CONFORMING CHANGES.
The following Concurrent Resolution was taken up:
H. 3938 (Word version) -- Reps. Williams and Luck: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME SOUTH CHARLESTON ROAD IN DARLINGTON COUNTY FROM THE INTERSECTION OF PIANO ROAD TO THE DARLINGTON/FLORENCE COUNTY LINE "DR. MELVIN LEROY HOWARD MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION CONTAINING THESE WORDS.
The Concurrent Resolution was adopted and sent to the Senate.
The following Bill was taken up:
H. 3127 (Word version) -- Reps. Robbins, Wooten, Lawson, Pope, Chapman, Pedalino, W. Newton, Sanders, Duncan, Hixon, Taylor, Gagnon, Oremus, Hartz, Davis, M. M. Smith, Vaughan, Williams, Erickson and Bradley: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLES WHEN SIGNALED BY LAW ENFORCEMENT VEHICLES, SO AS TO PROVIDE THAT WHERE CERTAIN AGGRAVATING CIRCUMSTANCES OCCUR THE OFFENDER IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES.
Rep. HIOTT moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3045 (Word version) -- Reps. T. Moore, Lawson, Wooten, Pope, Magnuson, Chapman, Spann-Wilder, McCravy, W. Newton, Vaughan, Mitchell, Rankin, Long, Oremus, Gibson, Burns, Edgerton, Cobb-Hunter, Guffey, Govan, Wickensimer, M. M. Smith, Schuessler, B. L. Cox, Holman, Davis, Henderson-Myers, Taylor, Gilliard, Anderson, Williams, Cromer, Gilreath, Hixon, Erickson, Bradley, Willis and Weeks: A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-15-390 SO AS TO CREATE THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE, DEFINE NECESSARY TERMS, AND ESTABLISH PENALTIES; BY AMENDING SECTION 23-3-430, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO ADD THE OFFENSE OF OBSCENE VISUAL REPRESENTATIONS OF CHILD SEXUAL ABUSE TO THE SEX OFFENDER REGISTRY; AND BY AMENDING SECTION 23-3-462, RELATING TO TERMINATION OF REGISTRATION REQUIREMENTS, SO AS TO CLARIFY POSSIBLE TERMINATION REQUIREMENTS AND INCLUDE TIER I AND TIER II DESIGNATIONS FOR OUT-OF-STATE OR FEDERAL CONVICTIONS.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3045 (Word version) (LC-3045.AHB0001H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(F) and inserting:
(F)(1) This section does not apply to an employee of a law enforcement agency, including the State Law Enforcement Division, a prosecuting agency, including the South Carolina Attorney General's Office, or the South Carolina Department of Corrections, who, while acting within the employee's official capacity in the course of an investigation or criminal proceeding, is in possession of material that contains a visual representation of a minor engaging in sexual activity or appearing in a state of sexually explicit nudity when a reasonable person would infer the purpose is sexual stimulation. An employee's official capacity in the course of such investigation or criminal proceeding includes making materials available for inspection to the defendant's counsel in response to discovery requests.
(2) This section does not apply to a provider of a telecommunications service or an information service, as those terms are defined in 47 U.S.C. Section 153, for content provided by another person.
Renumber sections to conform.
Amend title to conform.
Rep. T. MOORE explained the amendment.
Rep. MCDANIEL moved that the House do now adjourn.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Bamberg Clyburn Dillard Garvin Gilliard Govan Henderson-Myers Hosey Howard Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Wickensimer
Those who voted in the negative are:
Bailey Ballentine Bannister Beach Bowers Bradley Brewer Brittain Bustos Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Hardee Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese B. Newton W. Newton Oremus Pace Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Willis Wooten Yow
So, the House refused to adjourn.
Rep. T. MOORE continued speaking.
Rep. RUTHERFORD spoke against the amendment.
The amendment was then adopted by a division vote of 49 to 48.
Rep. HARRIS proposed the following Amendment No. 2 to H. 3045 (Word version) (LC-3045.AHB0002H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(B) and inserting:
(B) Any person who knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction or representation of any kind, including a drawing, cartoon, sculpture, or painting that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity, and is obscene, or attempts or conspires to do so, is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.
Renumber sections to conform.
Amend title to conform.
Rep. HARRIS explained the amendment.
The amendment was then adopted.
Rep. WETMORE spoke against the Bill.
Rep. MCDANIEL spoke against the Bill.
Rep MAGNUSON raised the Point of Order 3.6 that Rep. McDANIEL was not speaking on H. 3045 (Word version) before the House.
The SPEAKER PRO TEMPORE sustained the Point of Order.
Rep. CASKEY moved to recommit the Bill to the Committee on Judiciary.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bauer Bernstein Bradley Caskey Clyburn Cobb-Hunter Dillard Duncan Forrest Garvin Gilliard Govan Grant Henderson-Myers Hosey Howard Huff J. L. Johnson Jones King Kirby Luck McDaniel McGinnis J. Moore Neese Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Teeple Waters Weeks Wetmore White Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bowers Brewer Brittain Burns Bustos Chapman Chumley B. L. Cox Crawford Cromer Davis Edgerton Erickson Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Magnuson Martin May McCabe McCravy Mitchell T. Moore Morgan Moss W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
So, the House refused to recommit the Bill.
Rep. J. L. JOHNSON moved that the House do now adjourn.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Henderson-Myers Hosey Howard J. L. Johnson Jones King Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Weeks Wetmore Williams
Those who voted in the negative are:
Bailey Ballentine Beach Bowers Bradley Brewer Brittain Burns Bustos Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese W. Newton Oremus Pace Pedalino Pope Rankin Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
So, the House refused to adjourn.
Rep. J. L. JOHNSON moved that the House recede until 9:00 p.m.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bamberg Bernstein Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Henderson-Myers Hosey Howard J. L. Johnson Jones Kirby Luck McDaniel J. Moore Reese Rivers Rose Rutherford Spann-Wilder Stavrinakis Waters Wetmore
Those who voted in the negative are:
Bailey Ballentine Beach Bowers Bradley Brewer Brittain Burns Bustos Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Forrest Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese W. Newton Oremus Pace Pedalino Pope Rankin Robbins Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Weeks White Whitmire Wickensimer Willis Yow
So, the House refused to recede.
Rep. MCDANIEL invoked Rule 5.21
The Reading Clerk began reading the Bill.
Rep. ROBBINS raised the Point of Order that Rep. MCDANIEL's request to read the bill was dilatory and out of order.
The SPEAKER PRO TEMPORE stated that Rep. McDANIEL had a constitutional right under Article III, Section 18, to have the bill read, in its entirety, on second reading. He overruled the Point of Order.
The Reading Clerk continued reading the Bill.
The SPEAKER granted Rep. BRADLEY a leave of absence for the remainder of the day.
Rep. CASKEY proposed the following Amendment No. 3 to H. 3045 (Word version) (LC-3045.AHB0003H), which was tabled:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(B) and inserting:
(B) Any person who knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction or representation of any kind, including a drawing, cartoon, sculpture, or painting that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity, and is obscene, or attempts or conspires to do so, is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.
Renumber sections to conform. Amend title to conform.
Rep. CASKEY explained the amendment.
Rep. J. L. JOHNSON moved that the House recede until 8:00 p.m.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Clyburn Cobb-Hunter Dillard Garvin Gilliard Govan Grant Henderson-Myers Hosey Howard J. L. Johnson Jones Luck McDaniel J. Moore Reese Rivers Spann-Wilder Waters Williams
Those who voted in the negative are:
Bailey Ballentine Bauer Beach Bernstein Bowers Bradley Brewer Brittain Burns Bustos Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Gagnon Gibson Gilliam Gilreath Guest Guffey Haddon Hager Harris Hartnett Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Jordan Kilmartin Landing Lawson Ligon Long Lowe Magnuson Martin May McCabe McCravy McGinnis Mitchell T. Moore Morgan Moss Neese W. Newton Oremus Pace Pedalino Pope Rankin Robbins Rose Sanders Schuessler Sessions G. M. Smith M. M. Smith Stavrinakis Taylor Teeple Terribile Vaughan White Whitmire Wickensimer Willis Wooten Yow
So, the House refused to recede.
Rep. CASKEY moved to table the amendment, which was agreed to.
Reps. CASKEY and OREMUS proposed the following Amendment No. 4 to H. 3045 (Word version) (LC-3045.AHB0005H), which was adopted:
Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-390(B) and (C) and inserting:
(B) Any person who knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction or representation of any kind, including a drawing, cartoon, sculpture, or painting that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity, and is obscene, or attempts or conspires to do so, is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than ten years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence.
(C) Any person who knowingly possesses a visual depiction or representation of any kind, including a drawing, cartoon, sculpture, or painting, that depicts a minor engaging in sexually explicit conduct, sexually explicit activity, or sexually explicit nudity, and is obscene, or attempts or conspires to do so is guilty of a felony and, upon conviction, must be imprisoned no more than ten years.
Renumber sections to conform.
Amend title to conform.
Rep. CASKEY explained the amendment.
The amendment was then adopted.
Rep. RUTHERFORD spoke against the Bill.
The SPEAKER granted Rep. WHITE a leave of absence for the remainder of the day.
Rep. RUTHERFORD continued speaking.
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:
Bailey Ballentine Bauer Beach Bernstein Bowers Brewer Brittain Burns Bustos Caskey Chapman Chumley B. L. Cox Crawford Cromer Davis Duncan Edgerton Erickson Gagnon Gibson Gilliam Gilreath Govan Guest Guffey Haddon Hager Harris Hartz Herbkersman Hewitt Hiott Hixon Holman Huff J. E. Johnson Kilmartin Landing Lawson Ligon Long Magnuson Martin May McCabe McCravy McGinnis Mitchell J. Moore T. Moore Morgan Moss W. Newton Oremus Pace Pedalino Pope Rankin Robbins Rose Sanders Schuessler Sessions G. M. Smith M. M. Smith Taylor Teeple Terribile Vaughan Whitmire Wickensimer Willis Wooten Yow
Those who voted in the negative are:
Bamberg Clyburn Cobb-Hunter Dillard Garvin Gilliard Grant Henderson-Myers Hosey Howard Jones King Luck McDaniel Reese Rivers Rutherford Stavrinakis Waters Williams
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HIXON moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4244 (Word version) -- Rep. Bernstein: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR PEDIATRICIANS, PEDIATRIC SUBSPECIALISTS, AND PEDIATRIC TRAINEES AND TO DECLARE APRIL 1, 2025, AS "SOUTH CAROLINA PEDIATRICIANS DAY" IN THE PALMETTO STATE.
At 8:14 p.m. the House, in accordance with the motion of Rep. CLYBURN, adjourned in memory of Myra Irene Mance, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, April 3, 2025 at 11:50 A.M.