Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Isaiah 42:4: "He will not grow faint or be crushed."
Let us pray. God of justice, give us the spirit and courage to be advocates in Your work for justice throughout this State. Give these Representatives strength not to take the path of least resistance, but to be alive to the possibilities of greater things to be accomplished. Grant them the wisdom and the energy to be on board with the plan and do the work required. Look in favor and bless our Nation, President, State, Governor, Speaker, staff and all who labor in these Halls of Government. Protect our defenders of freedom, at home and abroad, as they protect us. Heal the wounds, those seen and those hidden, of our brave warriors. Lord, in Your mercy, hear our prayer. 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. BERNSTEIN moved that when the House adjourns, it adjourn in memory of Mrs. Lois Seals Entzminger, which was agreed to.
The following was received:
Columbia, S.C., June 5, 2013
Mr. Speaker and Members of the House of Representatives:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Master-in Equity Reappointment
Georgetown County Master-in Equity
Term Commencing: December 31, 2013
Term Expiring: December 31, 2019
Reappointment
The Honorable Joe M. Crosby
405 Dozier Street
Georgetown, South Carolina 29440
Respectfully,
President of the Senate
Received as information.
The following was introduced:
H. 4289 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR UNIVERSITY OF SOUTH CAROLINA HEAD BASKETBALL COACH DAWN MICHELLE STALEY UPON BEING NAMED TO THE NAISMITH MEMORIAL BASKETBALL HALL OF FAME AND CONGRATULATE HER ON YET ANOTHER ACHIEVEMENT IN HER ILLUSTRIOUS CAREER.
The Resolution was adopted.
The following was introduced:
H. 4291 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR MARLENE DAVIS, PRINCIPAL OF GAFFNEY HIGH SCHOOL, UPON THE OCCASION OF HER RETIREMENT AFTER FORTY-THREE YEARS AS AN EXCEPTIONAL EDUCATOR, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4292 (Word version) -- Rep. D. C. Moss: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR TERESA W. KNIGHT, EXECUTIVE VICE PRESIDENT OF THE PALMETTO BANK, UPON THE OCCASION OF HER RETIREMENT AFTER THIRTY-TWO YEARS OF OUTSTANDING SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4293 (Word version) -- Reps. Erickson, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A HOUSE RESOLUTION TO COMMEMORATE THE FIFTY-EIGHTH ANNUAL BEAUFORT WATER FESTIVAL, CELEBRATING THE "SOUTHERN SIDE OF SUMMER" TO BE HELD FRIDAY, JULY 19, 2013, THROUGH SUNDAY, JULY 28, 2013, TO ENCOURAGE ALL SOUTH CAROLINIANS TO ATTEND AND ENJOY THIS FAMILY FRIENDLY EVENT, AND TO WISH ITS ORGANIZERS EVERY SUCCESS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 740 (Word version) -- Senators Sheheen and Lourie: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO HONOR AND REMEMBER THE SUPREME SACRIFICE MADE BY DEPUTY SHERIFF ERNEST CHRISTIAN "CHRIS" POTTER III OF THE KERSHAW COUNTY SHERIFF'S DEPARTMENT BY ERECTING APPROPRIATE MARKERS OR SIGNS ALONG I-20 IN KERSHAW COUNTY AT MILE MARKER 87.9 EAST AND THE CORRESPONDING MILE MARKER ON THE OPPOSITE SIDE OF THE HIGHWAY THAT CONTAIN THE WORDS "IN MEMORY OF DEPUTY SHERIFF ERNEST CHRISTIAN 'CHRIS' POTTER III".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 743 (Word version) -- Senator Coleman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 72 IN CHESTER COUNTY FROM ITS NORTHEASTERN INTERSECTION WITH THE J. A. COCHRAN BYPASS TO THE CHESTER-YORK COUNTY LINE THE "PAUL G. CAMPBELL, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "PAUL G. CAMPBELL, SR. HIGHWAY".
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 749 (Word version) -- Senators Courson, Alexander, Bryant, Cromer, Hayes, Allen, Bright, Campsen, Coleman, Davis, Fair, Bennett, Cleary, Campbell, Corbin, Gregory, Grooms, Hembree, Hutto, Jackson, Johnson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO AWARD THE SOUTH CAROLINA MEDAL OF VALOR TO THOSE SOUTH CAROLINIANS WHO LOST THEIR LIVES WHILE SERVING IN THE ARMED FORCES DURING THE GLOBAL WAR ON TERRORISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4290 (Word version) -- Rep. Hiott: A BILL TO AMEND SECTION 48-20-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ASSESS AND COLLECT CERTAIN FEES RELATING TO MINING, SO AS TO SET A SCHEDULE OF FEES THAT MUST BE ASSESSED AND COLLECTED RELATING TO CERTAIN MINING ACTIVITIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 234 (Word version) -- Senators Coleman, Johnson and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 67 TO TITLE 12 SO AS TO ENACT THE "SOUTH CAROLINA ABANDONED BUILDINGS REVITALIZATION ACT" WHICH PROVIDES THAT A TAXPAYER MAKING INVESTMENTS OF A CERTAIN SIZE IN REHABILITATING AN ABANDONED BUILDING MAY AT HIS OPTION RECEIVE SPECIFIED INCOME TAX CREDITS OR CREDITS AGAINST THE PROPERTY TAX LIABILITY.
Referred to Committee on Ways and Means
The roll call of the House of Representatives was taken resulting as follows:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford Crosby Daning Delleney Dillard Edge Erickson Felder Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy King Knight Limehouse Loftis Long Lowe Lucas McEachern W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Newton Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Wells Whipper White Whitmire Williams Wood
I came in after the roll call and was present for the Session on Wednesday, June 5.
Terry Alexander Richard "Rick" Quinn William Bowers Kirkman Finlay Peter McCoy, Jr. James E. Smith Mark Willis MaryGail Douglas M.S. McLeod Derham Cole, Jr. David Weeks G. Murrell Smith Kris Crawford Bakari Sellers Ralph Norman Jerry Govan Chris Hart Joe Neal
The SPEAKER granted Rep. MACK a leave of absence for the day due to business reasons.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
The SPEAKER granted Rep. COLE a temporary leave of absence.
The SPEAKER granted Rep. CLEMMONS a temporary leave of absence.
Announcement was made that Dr. Danesh Ghiassi of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3983 (Word version)
Date: ADD:
06/05/13 BOWERS
The following Bills were read the third time, passed, and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 551 (Word version) -- Senator Corbin: A BILL TO AMEND SECTION 50-11-310 OF THE 1976 CODE, RELATING TO OPEN SEASON FOR ANTLERED DEER, TO PROVIDE THAT OPEN SEASON IN GAME ZONE 1, WITH ARCHERY EQUIPMENT AND FIREARMS, IS OCTOBER 11 THROUGH JANUARY 1, AND TO PROVIDE THAT ON WMA LANDS, THE DEPARTMENT MAY PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT TO ESTABLISH SEASONS FOR THE HUNTING AND TAKING OF DEER.
S. 562 (Word version) -- Senators Campsen and Davis: A BILL TO AMEND SECTION 27-27-10 OF THE 1976 CODE, RELATING TO RECOVERY FOR IMPROVEMENTS MADE IN GOOD FAITH, TO PROVIDE THAT THE DEFENDANT SHALL BE ENTITLED TO RECOVER THE FULL VALUE OF ALL IMPROVEMENTS IF HE HAS PURCHASED OR OTHERWISE ACQUIRED TITLE TO THE LANDS AND TENEMENTS IN THE ACTION.
The SPEAKER granted Rep. FUNDERBURK a temporary leave of absence due to legislative business.
Rep. MERRILL moved to reconsider the vote whereby the following Bill was given second reading:
S. 308 (Word version) -- Senators Bennett, Shealy, Grooms, Hembree, L. Martin, Massey, Campbell, Turner, Thurmond, Bryant, Verdin, S. Martin, Davis, Bright, Corbin, Campsen, Fair and Cromer: A BILL TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.
Rep. MERRILL spoke in favor of the motion to reconsider.
Rep. PITTS spoke against the motion to reconsider.
Rep. PITTS spoke against the motion to reconsider.
Rep. QUINN spoke in favor of the motion to reconsider.
Further proceedings were interrupted by the expiration of time on the uncontested calendar, the pending question being the motion to reconsider second reading of S. 308.
The following was taken up for immediate consideration:
S. 744 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 6, 2013, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON TUESDAY, JUNE 18, 2013, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 20, 2013, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN 12:00 NOON, TUESDAY, JANUARY 14, 2014, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Rep. HARRELL explained the Concurrent Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Ott Owens Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Concurrent Resolution was adopted and returned to the Senate with concurrence.
Prior to the vote on S. 744, the Sine Die Resolution, I had to leave the House Chamber to attend a hearing in Federal Court. Had I been present for the vote, I would have voted in favor of the Resolution.
Rep. Mandy Powers Norrell
Further proceedings were interrupted by the Joint Assembly.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 745 (Word version) -- Senators Peeler, Alexander, McGill and Hayes: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, JUNE 5, 2013, AT 12:00 NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES FOR COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5, FOR A TERM TO EXPIRE IN 2017, AND A MEMBER OF THE BOARD OF TRUSTEES FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SIXTH CONGRESSIONAL DISTRICT, LAY SEAT, FOR A TERM TO EXPIRE IN 2016; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President of the Senate recognized Sen. Peeler, on behalf of the Screening Committee for State Colleges and Universities Boards of Trustees.
FIFTH CONGRESSIONAL DISTRICT, SEAT 5
The President announced that nominations were in order for the Fifth Congressional District, Seat 5.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Charles E. Lewis had been screened and found qualified.
On motion of Sen. Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Charles E. Lewis was duly elected for the term prescribed by law.
SIXTH CONGRESSIONAL DISTRICT, LAY MEMBER
The President announced that nominations were in order for the Sixth Congressional District, Lay Member.
Sen. Peeler, on behalf of the Joint Screening Committee, stated that Barbara Johnson-Williams had been screened and found qualified.
On motion of Sen. Peeler, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Barbara Johnson-Williams was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:06 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
Rep. BEDINGFIELD moved that the House recede until 1:30 p.m., which was agreed to.
At 1:30 p.m. the House resumed, ACTING SPEAKER DOUGLAS in the Chair.
The question of a quorum was raised.
A quorum was later present.
Reps. SIMRILL, KENNEDY and HIOTT withdrew their requests for debate on the following Bill:
H. 3147 (Word version) -- Reps. Pope, Tallon, Southard, V. S. Moss and Huggins: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO MODIFY THE REQUIREMENTS OF AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO ADD MENTAL ILLNESS TO RELATED CONDITIONS THAT ARE NOT COMPENSABLE IF RESULTING FROM AN EVENT INCIDENTAL TO NORMAL RELATIONS BETWEEN AN EMPLOYEE AND EMPLOYER.
Reps. HIOTT, TALLON, J. R. SMITH, HIXON, WELLS, NORMAN, HARDEE, SPIRES, HARDWICK, V. S. MOSS, LOFTIS, PATRICK, COLE, HOSEY, KENNEDY, ANDERSON, QUINN, G. R. SMITH, POWERS NORRELL, BANNISTER, CLYBURN, COBB-HUNTER, SELLERS and D. C. MOSS withdrew their requests for debate on S. 8 (Word version); however, other requests for debate remained on the Bill.
Reps. J. E. SMITH, SKELTON, BRANHAM, BRANNON, JEFFERSON, WOOD, HOSEY, WELLS, J. R. SMITH and GEORGE withdrew their requests for debate on H. 3833 (Word version); however, other requests for debate remained on the Bill.
Rep. POPE withdrew his request for debate on S. 8 (Word version); however, other requests for debate remained on the Bill.
Rep. CROSBY asked unanimous consent to recall H. 3080 (Word version) from the Committee on Judiciary.
Rep. WHITE objected.
Rep. SKELTON asked unanimous consent to recall H. 3344 (Word version) from the Committee on Judiciary.
Rep. LOFTIS objected.
Rep. HENDERSON asked unanimous consent to recall H. 3134 (Word version) from the Committee on Judiciary.
Rep. NEWTON objected.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3472 (Word version) -- Reps. Owens, Harrell, Patrick, Gambrell, Taylor, Wells, Anthony, Mitchell, Cobb-Hunter, Allison, Pitts, Daning, Wood and Southard: A BILL TO AMEND SECTION 59-40-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONVERSION OF A PRIVATE SCHOOL TO A CHARTER SCHOOL AND THE REQUIREMENT THAT THE CONVERTED PRIVATE SCHOOL NOT BE ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST THE CONVERTED PRIVATE SCHOOL BEING ALLOWED TO OPEN AS A CHARTER SCHOOL FOR A PERIOD OF TWELVE MONTHS DOES NOT APPLY UNDER SPECIFIED CONDITIONS IF THE ENROLLMENT OF THE CONVERTED PRIVATE SCHOOL FOR THE MOST RECENTLY COMPLETED SCHOOL TERM BEFORE THE DATE OF THE PROPOSED CONVERSION REFLECTS THE RACIAL COMPOSITION OF THE LOCAL SCHOOL DISTRICT IN WHICH THE CONVERTED PRIVATE SCHOOL IS LOCATED.
Rep. OWENS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Dillard Douglas Edge Erickson Felder Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Loftis Long Lowe McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Sellers Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3710 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Reps. WHITE, BINGHAM, HERBKERSMAN, LIMEHOUSE, MERRILL, M.A. PITTS, SIMRILL, G. M. SMITH, and J. R. SMITH proposed the following Amendment No. 1A to H. 3710, as passed by the House (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\HOU2 AMEND BACK#3.DOCX), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives, which is hereby incorporated into this amendment by reference.
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 19, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,403 5,403
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 32, opposite /EMPLOYER CONTRIB - EFA/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,949,387 3,949,387
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 38, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,156 5,156
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 19, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,029 2,029
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 29, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
30,036 30,036
Amend the bill further, as and if amended, Part IA, Section 5, WIL LOU GRAY OPPORTUNITY SCHOOL, page 18, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,350 3,350
Amend the bill further, as and if amended, Part IA, Section 6, SCHOOL FOR THE DEAF AND THE BLIND, page 23, line 18, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
8,393 8,393
Amend the bill further, as and if amended, Part IA, Section 7, JOHN DE LA HOWE SCHOOL, page 27, line 12, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,741 3,741
Amend the bill further, as and if amended, Part IA, Section 11, COMMISSION ON HIGHER EDUCATION, page 32, line 38, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,568 1,568
Amend the bill further, as and if amended, Part IA, Section 12, HIGHER EDUCATION TUITION GRANTS COMMISSION, page 34, line 21, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
264 264
Amend the bill further, as and if amended, Part IA, Section 13, THE CITADEL, page 36, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
13,135 13,135
Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 38, line 24, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
77,347 77,347
Amend the bill further, as and if amended, Part IA, Section 15, UNIVERSITY OF CHARLESTON, page 41, line 16, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
27,202 27,202
Amend the bill further, as and if amended, Part IA, Section 16, COASTAL CAROLINA UNIVERSITY, page 44, line 6, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,630 10,630
Amend the bill further, as and if amended, Part IA, Section 17, FRANCIS MARION UNIVERSITY, page 46, line 8, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
17,122 17,122
Amend the bill further, as and if amended, Part IA, Section 18, LANDER UNIVERSITY, page 49, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,418 9,418
Amend the bill further, as and if amended, Part IA, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 51, line 15, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
19,441 19,441
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 54, line 11, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
19,790 19,790
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 55, line 31, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,714 1,714
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 57, line 2, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,487 1,487
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 58, line 9, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,318 3,318
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 59, line 9, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
979 979
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 59, line 22, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
132,437 132,437
Amend the bill further, as and if amended, Part IA, Section 20B, USC - AIKEN CAMPUS, page 62, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
8,986 8,986
Amend the bill further, as and if amended, Part IA, Section 20C, USC - UPSTATE, page 64, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,954 10,954
Amend the bill further, as and if amended, Part IA, Section 20D, USC - BEAUFORT CAMPUS, page 65, line 38, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,447 1,447
Amend the bill further, as and if amended, Part IA, Section 21, WINTHROP UNIVERSITY, page 76, line 6, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
24,257 24,257
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 78, line 20, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
82,910 82,910
Amend the bill further, as and if amended, Part IA, Section 24, AREA HEALTH EDUCATION CONSORTIUM, page 80, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,075 3,075
Amend the bill further, as and if amended, Part IA, Section 25, TECHNICAL & COMPREHENSIVE EDUCATION BD, page 83, line 8, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
157,767 157,767
Amend the bill further, as and if amended, Part IA, Section 25, TECHNICAL & COMPREHENSIVE EDUCATION BD, page 84, line 3, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,178 4,178
Amend the bill further, as and if amended, Part IA, Section 26, DEPARTMENT OF ARCHIVES AND HISTORY, page 87, line 13, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,699 1,699
Amend the bill further, as and if amended, Part IA, Section 27, STATE LIBRARY, page 89, line 20, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,047 1,047
Amend the bill further, as and if amended, Part IA, Section 28, ARTS COMMISSION, page 90, line 27, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
704 704
Amend the bill further, as and if amended, Part IA, Section 29, STATE MUSEUM COMMISSION, page 93, line 12, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,434 1,434
Amend the bill further, as and if amended, Part IA, Section 32, VOCATIONAL REHABILITATION, page 95, line 34, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,496 10,496
Amend the bill further, as and if amended, Part IA, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 100, line 24, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
25,220 25,220
Amend the bill further, as and if amended, Part IA, Section 34, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, page 111, line 27, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
64,344 64,344
Amend the bill further, as and if amended, Part IA, Section 35, DEPARTMENT OF MENTAL HEALTH, page 119, line 26, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
120,468 120,468
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 123, line 4, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
62,027 62,027
Amend the bill further, as and if amended, Part IA, Section 36, DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, page 124, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
70,759 70,759
Amend the bill further, as and if amended, Part IA, Section 37, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 126, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
647 647
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 137, line 19, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
50,900 50,900
Amend the bill further, as and if amended, Part IA, Section 39, COMMISSION FOR THE BLIND, page 139, line 21, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,930 1,930
Amend the bill further, as and if amended, Part IA, Section 43, FORESTRY COMMISSION, page 145, line 34, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
13,417 13,417
Amend the bill further, as and if amended, Part IA, Section 44, DEPARTMENT OF AGRICULTURE, page 149, line 25, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,958 2,958
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV. (PUBLIC SERVICE ACTIVITIES), page 153, line 30, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
27,987 27,987
Amend the bill further, as and if amended, Part IA, Section 46, S.C. STATE UNIV. (PUBLIC SERVICE ACTIVITIES), page 155, line 31, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
675 675
Amend the bill further, as and if amended, Part IA, Section 47, DEPT. OF NATURAL RESOURCES, page 165, line 14, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
15,107 15,107
Amend the bill further, as and if amended, Part IA, Section 48, SEA GRANT CONSORTIUM, page 166, line 22, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
508 508
Amend the bill further, as and if amended, Part IA, Section 49, DEPT. OF PARKS, RECREATION & TOURISM, page 170, line 31, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
11,406 11,406
Amend the bill further, as and if amended, Part IA, Section 50, DEPARTMENT OF COMMERCE, page 175, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,749 2,749
Amend the bill further, as and if amended, Part IA, Section 57, JUDICIAL DEPARTMENT, page 185, line 15, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
28,759 28,759
Amend the bill further, as and if amended, Part IA, Section 58, ADMINISTRATIVE LAW COURT, page 186, line 19, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,496 1,496
Amend the bill further, as and if amended, Part IA, Section 59, ATTORNEY GENERAL'S OFFICE, page 187, line 38, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,689 4,689
Amend the bill further, as and if amended, Part IA, Section 60, PROSECUTION COORDINATION COMMISSION, page 190, line 20, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,952 2,952
Amend the bill further, as and if amended, Part IA, Section 61, COMMISSION ON INDIGENT DEFENSE, page 192, line 31, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,852 3,852
Amend the bill further, as and if amended, Part IA, Section 62, GOVERNOR'S OFF.- STATE LAW ENFORCEMENT DIVISION, page 199, line 35, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
23,440 23,440
Amend the bill further, as and if amended, Part IA, Section 63, DEPARTMENT OF PUBLIC SAFETY, page 203, line 29, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
63,969 63,969
Amend the bill further, as and if amended, Part IA, Section 64, LAW ENFORCEMENT TRAINING COUNCIL, page 205, line 33, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
406 406
Amend the bill further, as and if amended, Part IA, Section 65, DEPARTMENT OF CORRECTIONS, page 209, line 34, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
284,368 284,368
Amend the bill further, as and if amended, Part IA, Section 66, DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICES, page 212, line 8, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,194 3,194
Amend the bill further, as and if amended, Part IA, Section 66, DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICES, page 214, line 11, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
17,012 17,012
Amend the bill further, as and if amended, Part IA, Section 67, DEPARTMENT OF JUVENILE JUSTICE, page 219, line 13, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
61,642 61,642
Amend the bill further, as and if amended, Part IA, Section 70, HUMAN AFFAIRS COMMISSION, page 220, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
932 932
Amend the bill further, as and if amended, Part IA, Section 71, STATE COMMISSION FOR MINORITY AFFAIRS, page 222, line 16, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
346 346
Amend the bill further, as and if amended, Part IA, Section 74, WORKERS' COMPENSATION COMMISSION, page 227, line 31, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,581 1,581
Amend the bill further, as and if amended, Part IA, Section 78, DEPARTMENT OF INSURANCE, page 236, line 2, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,309 2,309
Amend the bill further, as and if amended, Part IA, Section 80, DEPARTMENT OF CONSUMER AFFAIRS, page 240, line 35, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
389 389
Amend the bill further, as and if amended, Part IA, Section 81, DEPARTMENT OF LABOR, LICENSING & REGULATION, page 244, line 37, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,425 1,425
Amend the bill further, as and if amended, Part IA, Section 83, DEPARTMENT OF EMPLOYMENT AND WORKFORCE, page 252, line 38, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
275 275
Amend the bill further, as and if amended, Part IA, Section 87, DIVISION OF AERONAUTICS, page 260, line 22, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
576 576
Amend the bill further, as and if amended, Part IA, Section 91A, LEG. DEPT - THE SENATE, page 262, line 22, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,398 9,398
Amend the bill further, as and if amended, Part IA, Section 91B, LEG. DEPT - HOUSE OF REPRESENTATIVES, page 263, line 19, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,659 9,659
Amend the bill further, as and if amended, Part IA, Section 91C, LEG. DEPT - CODIFICATION OF LAWS & LEG. COUNCIL, page 264, line 33, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,945 1,945
Amend the bill further, as and if amended, Part IA, Section 91D, LEG. DEPT - LEG. PRINTING, INF. TECH. SYSTEMS, page 266, line 18, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,732 1,732
Amend the bill further, as and if amended, Part IA, Section 91E, LEG. DEPT - LEG. AUDIT COUNCIL, page 267, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,055 1,055
Amend the bill further, as and if amended, Part IA, Section 92A, GOVERNOR'S OFF. - EXECUTIVE CONTROL OF STATE, page 268, line 16, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,057 1,057
Amend the bill further, as and if amended, Part IA, Section 92B, GOVERNOR'S OFF. -EXECUTIVE POLICY & PROGRAMS, page 274, line 25, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
6,526 6,526
Amend the bill further, as and if amended, Part IA, Section 92C, GOVERNOR'S OFF. - MANSION AND GROUNDS, page 275, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
244 244
Amend the bill further, as and if amended, Part IA, Section 93, OFFICE OF INSPECTOR GENERAL, page 276, line 25, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
139 139
Amend the bill further, as and if amended, Part IA, Section 94, LIEUTENANT GOVERNOR'S OFFICE, page 278, line 20, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,380 1,380
Amend the bill further, as and if amended, Part IA, Section 95, SECRETARY OF STATE, page 279, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
828 828
Amend the bill further, as and if amended, Part IA, Section 96, COMPTROLLER GENERAL'S OFFICE, page 281, line 35, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,617 1,617
Amend the bill further, as and if amended, Part IA, Section 97, STATE TREASURER'S OFFICE, page 283, line 30, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,822 1,822
Amend the bill further, as and if amended, Part IA, Section 99, ADJUTANT GENERAL'S OFFICE, page 289, line 6, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,634 3,634
Amend the bill further, as and if amended, Part IA, Section 100, ELECTION COMMISSION, page 291, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
681 681
Amend the bill further, as and if amended, Part IA, Section 101, BUDGET AND CONTROL BOARD, page 306, line 7, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
12,201 12,201
Amend the bill further, as and if amended, Part IA, Section 102, B & C-AUDITOR'S OFFICE, page 307, line 30, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,416 1,416
Amend the bill further, as and if amended, Part IA, Section 103, B & C-EMPLOYEE BENEFITS, page 309, lines 25-26, opposite /HEALTH INSURANCE EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,715,632 10,715,632
Amend the bill further, as and if amended, Part IA, Section 106, DEPARTMENT OF REVENUE, page 314, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
39,447 39,447
Amend the bill further, as and if amended, Part IA, Section 107, STATE ETHICS COMMISSION, page 315, line 17, opposite /EMPLOYER CONTRIBUTIONS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
305 305
Amend the bill further, as and if amended, Part IA, Section 110, AID TO SUBDIVISIONS - STATE TREASURER, page 318, line 19, opposite /AID CNTY-AUDITORS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,265 1,265
Amend the bill further, as and if amended, Part IA, Section 110, AID TO SUBDIVISIONS - STATE TREASURER, page 318, line 20, opposite /AID CNTY-TREASURERS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,266 1,266
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, immediately after line 31, by inserting a new line to read:
Column 5 Column 6
PUBLIC-PRIVATE LITERACY
PARTNERSHIPS 1
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 9, immediately after line 31, by inserting a new line to read:
Column 5 Column 6
SCHOOL READINESS PLAN (A85) -
NON-RECURRING 1
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, immediately after line 2, by inserting new lines to read:
Column 5 Column 6
CDDEP - SDE 1,624,586 1,624,586
SUMMER READING CAMPS 1 1
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 13, line 12, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
9,205,987 9,205,987
Amend the bill further, as and if amended, Part IA, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 15, line 3, opposite /LOTTERY EXPENDITURES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
29,260,000
Amend the bill further, as and if amended, Part IA, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 15, line 4, opposite /UNCLAIMED PRIZES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,400,000
Amend the bill further, as and if amended, Part IA, Section 11, COMMISSION ON HIGHER EDUCATION, page 33, line 6, opposite /NATIONAL GUARD CAP/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,845,000 2,845,000
Amend the bill further, as and if amended, Part IA, Section 11, COMMISSION ON HIGHER EDUCATION, page 33, line 7, opposite /LIFE SCHOLARSHIPS/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,072,540 1,072,540
Amend the bill further, as and if amended, Part IA, Section 15, UNIVERSITY OF CHARLESTON, page 40, line 34, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
400,000 400,000
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 52, line 17, opposite /PALMETTO POISON CENTER/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
75,000 75,000
Amend the bill further, as and if amended, Part IA, Section 20A, UNIVERSITY OF SOUTH CAROLINA, page 59, lines 29-30, opposite /PROVISO 90.20 - PALMETTO POISON CENTER/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
75,000 75,000
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 77, lines 18-19, opposite /HOSPITAL AUTHORITY-TELEMEDICINE PROGRAM/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,000,000
Amend the bill further, as and if amended, Section 35, DEPARTMENT OF MENTAL HEALTH, page 118, line 13, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,500,000 1,500,000
Amend the bill further, as and if amended, Section 35, DEPARTMENT OF MENTAL HEALTH, page 118, line 27, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,500,000 1,500,000
Amend the bill further, as and if amended, Section 35, DEPARTMENT OF MENTAL HEALTH, page 118, line 37, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,500,000 1,500,000
Amend the bill further, as and if amended, Part IA, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 137, line 6, opposite /CASE SERVICES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,830,573 10,830,573
Amend the bill further, as and if amended, Part IA, Section 62, GOVERNOR'S OFF.- STATE LAW ENFORCEMENT DIVISION, page 196, line 36, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,020,800 1,020,800
Amend the bill further, as and if amended, Part IA, Section 66, DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICES, page 212, line 28, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
75,000 75,000
Amend the bill further, as and if amended, Part IA, Section 80, DEPARTMENT OF CONSUMER AFFAIRS, page 240, immediately after line 32, by inserting new lines to read:
VI. ID THEFT UNIT
PERSONAL SERVICE:
Column 5 Column 6
NEW POSITIONS:
ATTORNEY 1 1
(1.00) (1.00)
PROGRAM ASSISTANT 1 1
(1.00) (1.00)
PUBLIC INFORMATION COORDINATOR 1 1
(1.00) (1.00)
OTHER OPERATING EXPENSES 1 1
Amend the bill further, as and if amended, Part IA, Section 84, DEPARTMENT OF TRANSPORTATION, page 255, line 9, opposite /PERMANENT IMPROVEMENTS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1 1
Amend the bill further, as and if amended, Part IA, Section 87, DIVISION OF AERONAUTICS, page 260, line 10, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
Amend the bill further, as and if amended, Part IA, Section 94, LIEUTENANT GOVERNOR'S OFFICE, page 278, immediately after line 2, by inserting a new line to read:
Column 5 Column 6
FAMILY CAREGIVERS 1 1
Amend the bill further, as and if amended, Part IA, Section 97, STATE TREASURER'S OFFICE, page 283, immediately after line 23, by inserting a new line to read:
Column 5 Column 6
SPECIAL ITEM:
DEPARTMENT OF REVENUE
IDENTITY THEFT REIMBURSEMENT 1 1
Amend the bill further, as and if amended, Part IA, Section 101, BUDGET AND CONTROL BOARD, page 305, line 1, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
250,000 250,000
Amend the bill further, as and if amended, Part IA, Section 101, BUDGET AND CONTROL BOARD, page 306, immediately after line 4, by inserting new lines to read:
IX. DIVISION OF INFORMATION SECURITY
PERSONAL SERVICE:
NEW POSITIONS:
Column 5 Column 6
CHIEF INFORMATION
SECURITY OFFICER 150,000 150,000
(1.00) (1.00)
AGENCY SECURITY
LIAISON OFFICER 360,000 360,000
(3.00) (3.00)
IT SECURITY MANAGER 100,000 100,000
(1.00) (1.00)
IT SECURITY ARCHITECT 180,000 180,000
(2.00) (2.00)
IT SECURITY ANALYST 390,000 390,000
(6.00) (6.00)
OTHER OPERATING EXPENSES 1 1
SPECIAL ITEM:
ENTERPRISE TECHNOLOGY
AND REMEDIATION 8,699,000 8,699,000
X. ENTERPRISE PRIVACY OFFICE
PERSONAL SERVICES:
NEW POSITION:
CHIEF PRIVACY OFFICER 120,000 120,000
(1.00) (1.00)
OTHER OPERATING EXPENSES 1 1
Amend the bill further, as and if amended, Part IA, Section 109, DEBT SERVICE, page 317, line 9, opposite /ECONOMIC DEVELOPMENT BONDS/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,000,000 3,000,000
Amend the bill further, as and if amended, Part IA, Section 110, AID TO SUBDIVISIONS - STATE TREASURER, page 318, after line 3, by inserting a new line to read:
Column 5 Column 6
LOCAL GOVERNMENT FUND
NON-RECURRING REVENUE 1 1
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 343, paragraph 1.70, lines 13-22, by striking the paragraph in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 344, after line 15, by adding an appropriately numbered paragraph to read:
/ (SDE: Child Development Education Pilot Program) There is created the South Carolina Child Development Education Pilot Program (CDEPP). This program shall be available for the current school year on a voluntary basis and shall focus on the developmental and learning support that children must have in order to be ready for school and must incorporate parenting education.
(A) For the current school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the trial and plaintiff school districts in the Abbeville County School District et. al. vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of seventy-five percent or greater.
Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program. In rare instances, students with documented kindergarten readiness barriers may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider.
(B) Each child residing in the pilot districts, who will have attained the age of four years on or before September first, of the school year, and meets the at-risk criteria is eligible for enrollment in the South Carolina Child Development Education Pilot Program for one year.
The parent of each eligible child may enroll the child in one of the following programs:
(1) a school-year four-year-old kindergarten program delivered by an approved public provider; or
(2) a school-year four-year-old kindergarten program delivered by an approved private provider.
The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the U.S. Department of Health and Human Services or a statement of Medicaid eligibility.
In submitting an application for enrollment, the parent agrees to comply with provider attendance policies during the school year. The attendance policy must state that the program consists of 6.5 hours of instructional time daily and operates for a period of not less than one hundred eighty days per year. Pursuant to program guidelines, noncompliance with attendance policies may result in removal from the program.
No parent is required to pay tuition or fees solely for the purpose of enrolling in or attending the program established under this provision. Nothing in this provision prohibits charging fees for childcare that may be provided outside the times of the instructional day provided in these programs.
If by October first of the school year at least seventy-five percent of the total number of eligible CDEPP children in a district or county are projected to be enrolled in CDEPP, Head Start or ABC Child Care Program as determined by the Department of Education and the Office of First Steps, CDEPP providers may then enroll pay-lunch children who score at or below the twenty-fifth national percentile on two of the three DIAL-3 subscales and may receive reimbursement for these children if funds are available.
(C) Public school providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Department of Education. Private providers choosing to participate in the South Carolina Four-Year-Old Child Development Kindergarten Program must submit an application to the Office of First Steps. The application must be submitted on the forms prescribed, contain assurances that the provider meets all program criteria set forth in this provision, and will comply with all reporting and assessment requirements.
Providers shall:
(1) comply with all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services;
(2) comply with all state and local health and safety laws and codes;
(3) comply with all state laws that apply regarding criminal background checks for employees and exclude from employment any individual not permitted by state law to work with children;
(4) be accountable for meeting the education needs of the child and report at least quarterly to the parent/guardian on his progress;
(5) comply with all program, reporting, and assessment criteria required of providers;
(6) maintain individual student records for each child enrolled in the program to include, but not be limited to, assessment data, health data, records of teacher observations, and records of parent or guardian and teacher conferences;
(7) designate whether extended day services will be offered to the parents/guardians of children participating in the program;
(8) be approved, registered, or licensed by the Department of Social Services; and
(9) comply with all state and federal laws and requirements specific to program providers.
Providers may limit student enrollment based upon space available. However if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved pre-kindergarten readiness assessment. Private providers shall not be required to expand their programs to accommodate all children desiring enrollment. However, providers are encouraged to keep a waiting list for students they are unable to serve because of space limitations.
(D) The Department of Education and the Office of First Steps to School Readiness shall:
(1) develop the provider application form;
(2) develop the child enrollment application form;
(3) develop a list of approved research-based preschool curricula for use in the program based upon the South Carolina Content Standards, provide training and technical assistance to support its effective use in approved classrooms serving children;
(4) develop a list of approved pre-kindergarten readiness assessments to be used in conjunction with the program, provide assessments and technical assistance to support assessment administration in approved classrooms serving children;
(5) establish criteria for awarding new classroom equipping grants;
(6) establish criteria for the parenting education program providers must offer;
(7) establish a list of early childhood related fields that may be used in meeting the lead teacher qualifications;
(8) develop a list of data collection needs to be used in implementation and evaluation of the program;
(9) identify teacher preparation program options and assist lead teachers in meeting teacher program requirements;
(10) establish criteria for granting student retention waivers; and
(11) establish criteria for granting classroom size requirements waivers.
(E) Providers of the South Carolina Child Development Education Pilot Program shall offer a complete educational program in accordance with age-appropriate instructional practice and a research based preschool curriculum aligned with school success. The program must focus on the developmental and learning support children must have in order to be ready for school. The provider must also incorporate parenting education that promotes the school readiness of preschool children by strengthening parent involvement in the learning process with an emphasis on interactive literacy.
Providers shall offer high-quality, center-based programs that must include, but shall not be limited to, the following:
(1) employ a lead teacher with a two-year degree in early childhood education or related field or be granted a waiver of this requirement from the Department of Education or the Office of First Steps to School Readiness;
(2) employ an education assistant with pre-service or in-service training in early childhood education;
(3) maintain classrooms with at least ten four-year-old children, but no more than twenty four-year-old children with an adult to child ratio of 1:10. With classrooms having a minimum of ten children, the 1:10 ratio must be a lead teacher to child ratio. Waivers of the minimum class size requirement may be granted by the South Carolina Department of Education for public providers or by the Office of First Steps to School Readiness for private providers on a case-by-case basis;
(4) offer a full day, center-based program with 6.5 hours of instruction daily for one hundred eighty school days;
(5) provide an approved research-based preschool curriculum that focuses on critical child development skills, especially early literacy, numeracy, and social/emotional development;
(6) engage parents' participation in their child's educational experience that shall include a minimum of two documented conferences per year; and
(7) adhere to professional development requirements outlined in this article.
(F) Every classroom providing services to four-year-old children established pursuant to this provision must have a lead teacher with at least a two-year degree in early childhood education or related field and who is enrolled and is demonstrating progress toward the completion of a teacher education program within four years. Every classroom must also have at least one education assistant per classroom who shall have the minimum of a high school diploma or the equivalent, and at least two years of experience working with children under five years old. The teaching assistant shall have completed the Early Childhood Development Credential (ECD) 101 or enroll and complete this course within twelve months of hire. Providers may request waivers to the ECD 101 requirement for those assistants who have demonstrated sufficient experience in teaching children five years old and younger. The providers must request this waiver in writing to their designated administrative agency (First Steps or the Department of Education) and provide appropriate documentation as to the qualifications of the teaching assistant.
(G) The General Assembly recognizes there is a strong relationship between the skills and preparation of pre-kindergarten instructors and the educational outcomes of students. To improve these education outcomes, participating providers shall require all personnel providing instruction and classroom support to students participating in the South Carolina Child Development Education Pilot Program to participate annually in a minimum of fifteen hours of professional development to include teaching children from poverty. Professional development should provide instruction in strategies and techniques to address the age-appropriate progress of pre-kindergarten students in developing emergent literacy skills, including but not limited to, oral communication, knowledge of print and letters, phonemic and phonological awareness, and vocabulary and comprehension development.
(H) Both public and private providers shall be eligible for transportation funds for the transportation of children to and from school. Nothing within this provision prohibits providers from contracting with another entity to provide transportation services provided the entities adhere to the requirements of Section 56-5-195. Providers shall not be responsible for transporting students attending programs outside the district lines. Parents choosing program providers located outside of their resident district shall be responsible for transportation. When transporting four-year-old child development students, providers shall make every effort to transport them with students of similar ages attending the same school. Of the amount appropriated for the program, not more than $185 per student shall be retained by the Department of Education for the purposes of transporting four-year-old students. This amount must be increased annually by the same projected rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act.
(I) For all private providers approved to offer services pursuant to this provision, the Office of First Steps to School Readiness shall:
(1) serve as the fiscal agent;
(2) verify student enrollment eligibility;
(3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
(4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(6) receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
(7) coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
(8) maintain a database of the children enrolled in the program; and
(9) promulgate guidelines as necessary for the implementation of the pilot program.
(J) For all public school providers approved to offer services pursuant to this provision, the Department of Education shall:
(1) serve as the fiscal agent;
(2) verify student enrollment eligibility;
(3) recruit, review, and approve eligible providers. In considering approval of providers, consideration must be given to the provider's availability of permanent space for program service and whether temporary classroom space is necessary to provide services to any children;
(4) coordinate oversight, monitoring, technical assistance, coordination, and training for classroom providers;
(5) serve as a clearing house for information and best practices related to four-year-old kindergarten programs;
(6) receive, review, and approve new classroom grant applications and make recommendations for approval based on approved criteria;
(7) coordinate activities and promote collaboration with other private and public providers in developing and supporting four-year-old kindergarten programs;
(8) maintain a database of the children enrolled in the program; and
(9) promulgate guidelines as necessary for the implementation of the pilot program.
(K) The General Assembly shall provide funding for the South Carolina Child Development Education Pilot Program. For the current school year, the funded cost per child shall be $4,218 increased annually by the rate of inflation as determined by the Division of Research and Statistics of the Budget and Control Board for the Education Finance Act. Eligible students enrolling with private providers during the school year shall be funded on a pro rata basis determined by the length of their enrollment. Private providers transporting eligible children to and from school shall be eligible for a reimbursement of $550 per eligible child transported. Providers who are reimbursed are required to retain records as required by their fiscal agent. Providers enrolling between one and six eligible children shall be eligible to receive up to $1,000 per child in materials and equipment grant funding, with providers enrolling seven or more such children eligible for grants not to exceed $10,000. Providers receiving equipment grants are expected to participate in the program and provide high-quality, center-based programs as defined herein for a minimum of three years. Failure to participate for three years will require the provider to return a portion of the equipment allocation at a level determined by the Department of Education and the Office of First Steps to School Readiness. Funding to providers is contingent upon receipt of data as requested by the Department of Education and the Office of First Steps.
(L) Pursuant to this provision, the Department of Social Services shall:
(1) maintain a list of all approved public and private providers; and
(2) provide the Department of Education and the Office of First Steps information necessary to carry out the requirements of this provision.
(M) The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers.
(N) Of the funds appropriated, $300,000 shall be allocated to the Education Oversight Committee to conduct an annual evaluation of the South Carolina Child Development Education Pilot Program and to issue findings in a report to the General Assembly by January 15 of each year. The evaluation shall include, but is not limited to: (1) student data including the number of at-risk four-year-old kindergarten students served in publically funded programs, by county and by program; (2) program effectiveness including developmentally appropriate assessments of children to measure emerging literacy and numeracy; (3) individual classroom assessments to determine program quality; (4) longitudinal analysis of academic and non-academic measures of success for children who participated in the program; and (5) an evaluation of the professional development, monitoring and assistance offered to public and private providers.
To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers. The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades./
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 344, after line 15, by adding an appropriately numbered paragraph to read:
/ (SDE: CDEPP Expansion) If by October 1st, First Steps or the Department of Education determine they will not expend the full amount of the CDEPP expansion funds allocated to each they are permitted to transfer any unspent funds to the other, provided that they will be used for expansion. First Steps and the Department of Education must report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee no later than February 1st how many additional 4K programs have opened and how many additional students have been served. A public school district receiving funds pursuant to the provisions of the CDEPP expansion cannot build or add additional space, to include the addition of mobile units and also to include displacing currently enrolled students out of their current classrooms or schools, to accommodate students in a new 4-K program. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 347, paragraph 1A.12, after line 34, by inserting:
/ Any classroom teacher, including a classroom teacher at a South Carolina private school, that is not eligible for the reimbursement allowed by this provision, may claim a refundable income tax credit on the teacher's 2013 tax return, provided that the return or any amended return claiming the credit is filed prior to the end of the fiscal year. The credit is equal to two hundred seventy-five dollars, or the amount the teacher expends on teacher supplies and materials, whichever is less. If any expenditures eligible for a credit are made after December 31st, the teacher may include the expenditures on his initial return or may file an amended 2013 return claiming the credit, so long as the return or amended return is filed in this fiscal year. The Department of Revenue may require whatever proof it deems necessary to implement the credit provided by this part of this provision. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 355, paragraph 1A.34, lines 12-19, by striking the lines in their entirety and inserting
/ (A) For the current school year, with funds appropriated by the General Assembly, the South Carolina Child Development Education Pilot Program shall first be made available to eligible children from the following eight trial and plaintiff school districts in the Abbeville County School District et. al. vs. South Carolina: Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3. With any remaining funds available, the pilot shall be expanded to the remaining plaintiff school districts in Abbeville County School District et. al. vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of ninety seventy-five percent or greater. Priority shall be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 school year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 359, paragraph 1A.34, after line 32, by inserting:
/ (N) Of the funds appropriated, $300,000 shall be allocated to the Education Oversight Committee to conduct an annual evaluation of the South Carolina Child Development Education Pilot Program and to issue findings in a report to the General Assembly by January 15 of each year. The evaluation shall include, but is not limited to: (1) student data including the number of at-risk four-year-old kindergarten students served in publically funded programs, by county and by program; (2) program effectiveness including developmentally appropriate assessments of children to measure emerging literacy and numeracy; (3) individual classroom assessments to determine program quality; (4) longitudinal analysis of academic and non-academic measures of success for children who participated in the program; and (5) an evaluation of the professional development, monitoring and assistance offered to public and private providers.
To aid in this evaluation, the Education Oversight Committee shall determine the data necessary and both public and private providers are required to submit the necessary data as a condition of continued participation in and funding of the program. This data shall include developmentally appropriate measures of student progress. Additionally, the Department of Education shall issue a unique student identifier for each child receiving services from a private provider. The Department of Education shall be responsible for the collection and maintenance of data on the public state funded full day and half-day four-year-old kindergarten programs. The Office of First Steps to School Readiness shall be responsible for the collection and maintenance of data on the state funded programs provided through private providers. The Education Oversight Committee shall use this data and all other collected and maintained data necessary to conduct a research based review of the program's implementation and assessment of student success in the early elementary grades./
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 359, paragraph 1A.36, line 36, and page 360, line 1, by striking the lines in their entirety and inserting / otherwise appropriated or authorized must be carried forward and expended first to provide Clemson University with $1,000,000 no later than July 15 to fund a summer reading pilot program for low income elementary school students. Clemson University will work in conjunction with the Education Oversight Committee to determine the outcomes of the program. Clemson University is authorized to retain no more than 15% of the funds to complete the study. Funds must also be expended to provide $200,000 to each /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 364, paragraph 1A.54, line 27, by striking the line in its entirety and inserting / an agreement with a provider who provides Microsoft IT Academy certification to pilot the Microsoft Technology Academy utilizing available Modernize Vocational Equipment funds. The department must offer high schools across the state the opportunity to participate in the pilot project. The department /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 364, paragraph 1A.55, line 36, after "models." by inserting: / These funds may also focus on creating public-private literacy partnerships utilizing a 2:1 matching funds provision when the initiative employs research-based methods, has demonstrated success in increasing reading proficiency of struggling readers, and works directly with high poverty schools and districts. /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 368, paragraph 3.5, lines 21-22, opposite item (1) Commission on Higher Education and State Board for Technical and Comprehensive Education--Tuition Assistance, by striking /$42,900,000;/ and inserting /$46,100,000;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 368, paragraph 3.5, line 23, opposite item (2) Commission on Higher Education--LIFE Scholarships as provided in Chapter 149, Title 59, by striking /$109,341,120;/ and inserting /$116,656,119;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 368, paragraph 3.5, line 27, opposite item (5) Commission on Higher Education--Need-Based Grants, by striking /$11,631,566;/ and inserting /$12,131,566;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 368, paragraph 3.5, lines 29-30, opposite item (7) Commission on Higher Education--National Guard Tuition Repayment Program as provided in Section 59-111-75, by striking /$1,700,000;/ and inserting /$4,545,000;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 369, paragraph 3.5, line 2, opposite item (13) Commission on Higher Education--Higher Education Excellence Enhancement Program, by striking /$50,000;/ and inserting /$200,000;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 369, paragraph 3.5, after line 2, by inserting appropriately numbered items to read:
/ ( ) Department of Education--Digital Instructional Material.....$1,000,000;
( ) Department of Education--Instructional Material............$13,000,000;
( ) Commission on Higher Education--Academic Facility
Building, Repair and Maintenance, and Training..............................$1;
( ) State Library--Union County Carnegie Library Renovations...$1,250,000;/
A
mend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 369, paragraph 3.5, line 23, by striking /$6,200,000;/ and inserting /$3,000,000;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 369, paragraph 3.5, line 27, by striking / and $3,200,000;/ and inserting /$1,600,000;/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 369, paragraph 3.5, line 28, by inserting at the end /and $400,000 shall be appropriated to the Department of Education for New School Buses./
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 387, paragraph 33.31, lines 30-34, by striking the lines in their entirety and inserting
/ 33.31. (DHHS: Community Health Center/FQHC) Entities receiving funding under Section 330 of the Public Health Services Act, qualify to receive funds provided in this Act for Community Health Center/FQHC. FQHC Look-A-Likes are also included in the distribution of these funds. However, no entity is eligible to receive funds allocated by this proviso if the Chief Executive Officer is not an employee of the entity or is hired under a management agreement to operate the entity.
This appropriation shall be disbursed as follows: (1) 30% of the total appropriation will be divided among qualifying entities; and (2) The balance of the appropriation will be distributed with 40% based on uninsured patients served and 30% based on the number of patients seen from counties with a population of less than 125,000. Any newly established Community Health Center/FQHC shall recive an amount equivalent to the average disbursement made to all Centers/FQHCs./
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 389, paragraph 33.34, Subitem (D) Primary Care Safety Net, line 13, by striking /Act),/ and inserting: /Act and FQHC Look-A-Likes),/ and line 14, by inserting at the end: / No FQHC and FQHC Look-A-Likes operating under a management agreement or operated by a Chief Executive Officer who is not an employee of the entity is eligible to receive funds allocated by this proviso. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 389, paragraph 33.34, Subitem (E) Rural Provider Capacity, after line 30, by inserting:
/ 3. During the current fiscal year the department shall allocate $4,000,000 to the MUSC Hospital Authority for telemedicine. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 389, paragraph 33.34, Subitem (F) Community Residential Care Optional State Supplement, lines 31-35 and page 390, lines 1-2, by striking the line in their entirety and inserting:
/(F) Community Residential Care Optional State Supplement - For the current fiscal year, net income limit/facility rates shall increase $100 per month per eligible beneficiary. The department will revise the net income limit to accommodate this change in the maximum OSS facility rate. All current recipients shall remain eligible for the supplement during the fiscal year and nothing contained herein may conflict with or limit existing regulations. In addition, the department will continue to work with stakeholders to establish quality of care standards and other requirements for facilities licensed as a Community Residential Care Facility and participating in the OSS program and Medicaid Waiver service. A total of up to $12,000,000 additional funds shall be made available for the program./
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 393, paragraph 34.14, line 11, by inserting at the end:
/ Facilities exceeding their Medicaid patient days permit by more than five percent shall be fined incrementally at the same rate established by the General Assembly for Fiscal Year 2012-13./
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 397, paragraph 34.44, lines 23-24, by striking /Colorectal Cancer Awareness/Prevention/ and inserting /the Colon Cancer Prevention Network/
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 398, after line 5, by adding an appropriately numbered paragraph to read:
/ (DHEC: Sand-scraping and Sandbagging) Sand-scraping and sandbagging is allowed as protection for golf courses, if permitted by the department, until December 31, 2013, at which time sand-scraping and sandbagging will no longer be allowed for the protection of golf courses./
Amend the bill further, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 398, after line 5, by adding an appropriately numbered paragraph to read:
/(DHEC: Tuberculosis Outbreak) Upon discovery of a tuberculosis outbreak, the Department of Health and Environmental Control may expend any funds available to the agency, for the purpose of surveillance, investigation, containment, and treatment activities related thereto./
Amend the bill further, as and if amended, Part IB, Section 35, DEPARTMENT OF MENTAL HEALTH, page 400, paragraph 35.15, line 29, after illness, by inserting:
/and $200,000 shall be utilized for CASA Family Systems for general operating expenses associated with the provision of mental health and related services to child and adult victims of sexual and family violence/
Amend the bill further, as and if amended, Part IB, Section 35, DEPARTMENT OF MENTAL HEALTH, page 400, after line 29, by adding an appropriately numbered paragraph to read:
/ (DMH: State Veterans Domiciliary Facility) The Department of Mental Health shall prepare a report evaluating the feasibility and desirability of the State furnishing domiciliary care to eligible veterans in State Veterans' Homes. Domiciliary care is the provision of shelter, sustenance, and incidental medical care on an ambulatory self-care basis to assist eligible veterans, disabled by age or illness to attain physical, mental, and social well-being through rehabilitative programs. This report must consider and discuss the feasibility of locating a facility in proximity to current State Veterans Nursing Homes, including but not limited to available space at the agency's C.M. Tucker Nursing Care Center in Columbia. The report must also consider and discuss opportunities for the private sector's role in operating such facilities. This report shall be provided to the Chairman of the Senate Finance Committee, the Chairman of the Senate Medical Affairs Committee, the Chairman of the House Ways and Means Committee, and the Chairman of the Medical, Military, Public, and Municipal Affairs Committee by January 10, 2014./
Amend the bill further, as and if amended, Part IB, Section 37, DEPARTMENT OF ALCOHOL & OTHER DRUG ABUSE SERVICES, page 403, paragraph 37.6 (Fire Safety and Suppression Equipment), lines 8-11, by striking the paragraph in its entirety.
Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 409, after line 36, by adding an appropriately numbered paragraph to read:
/ (DSS: ABC 4 Year Old) For fiscal year 2013-14, additional funds appropriated for Case Services in Program II.M. of Section 38, are designated for the ABC Child Care Voucher program and must only be used for four year old child care provided at licensed Level A plus, A or B plus centers and only available to children in school districts with a poverty index of seventy-five percent or greater. By October 1, 2103, the department shall develop additional educational curriculum standards that these centers must meet in order to retain their Level A plus, A, or B plus designation. These educational standards must conform to that of the current Child Development Education Pilot Project. In developing these standards the department must work with the Department of Education and the Office of First Steps. The department must report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee no later than February 1, 2014 how many additional children have been served. /
Amend the bill, as and if amended, Part IB, Section 44, DEPARTMENT OF AGRICULTURE, page 411, after line 6, by adding an appropriately numbered paragraph to read:
/ (AGRI: Farmers Market Purchase) The Department of Agriculture, while negotiating the purchase of any property located at the State Farmers Market in Lexington County, shall work with the Attorney General's office to ensure that no new acquisition of property will restrict the department from facilitating the sale of market-related products on any property owned by the department. The department shall forward to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee copies of any recorded changes to the original farmers market development agreement or the declaration of covenants, conditions and restrictions for the wholesalers section. Any contract for the acquisition of property at the State Farmers Market is subject to approval of the Joint Bond Review Committee and the Budget and Control Board. /
Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 413, after line 14, by adding an appropriately numbered paragraph to read:
/ (DNR: Quail Conservation Study) From the funds appropriated to or authorized for the Department of Natural Resources, up to, but not exceeding,$185,000 shall be utilized to begin a study of game animal movements on lands participating in the supplemental quail feeding program to determine if the feeding program impacts Turkey populations and their behavior. The study must address the impact, if any, supplemental feeding has on the hunting of eastern wild turkey. The department shall contract with Tall Timbers Research Station and Land Conservancy to conduct the study. The contract shall require Tall Timbers to consider input and recommendations of conservation organizations dedicated to enhancing managements practices, habitat and populations of wild bobwhite quail and eastern wild turkey. The study shall include, but not be limited to, research on turkey populations to determine if supplemental feeding of quail influences turkey's movements and the probability of a turkey being harvested.
Preliminary results of the study shall be reported no later than June 1, 2014, to the Speaker of the House, the Chairman of the House Ways and Means Committee, the President Pro Tempore of the Senate, the Chairman of Senate Finance Committee, the Chairman of the Senate Fish, Game and Forestry Committee, the Chairman of the Senate Agriculture and Natural Resources Committee and the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee.
Individuals may petition Tall Timbers and offer their land for study. In addition, should it be decided to use public lands for a portion of the study, the Department of Natural Resources shall make available property that suits the study parameters. Lands involved in this study shall not be subject to game baiting laws for the duration of the study./
Amend the bill further, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 417, paragraph 50.17, line 23, by striking /$4,900,000/ and inserting /$4,350,000/
Amend the bill further, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 417, paragraph 50.17, line 30, by striking the line in its entirety.
Amend the bill further, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 417, paragraph 50.17, line 31, by striking /$475,000/ and inserting /$500,000/
Amend the bill further, as and if amended, Section 50, DEPARTMENT OF COMMERCE, page 418, paragraph 50.17, lines 1-2, by striking the lines in their entirety and inserting /The remaining $525,000 $650,000 shall be provided to Chester County, Lancaster County, Saluda County, Lee County, Sumter County, Beaufort County, and York County counties as follows, provided they meet the requirements established above:
(1) Beaufort County, $250,000;
(2) Sumter County, $250,000;
(3) Lancaster County, $75,000; and
(4) Saluda County, $75,000./
Amend the bill further, as and if amended, Part IB, Section 78, DEPARTMENT OF INSURANCE, page 441, after line 16, by adding an appropriately numbered paragraph to read:
/ (INS: Health Insurance Pool Pilot) The Department of Insurance shall use surplus funding under the Health Insurance Pool for Fiscal Year 2013-14, to cost-share for individuals requiring assistance to afford specialty medications. In order to become eligible for the cost-sharing benefit, an individual must:
(1) Be a person who is a resident of this state for 30 days, and his or her newborn child;
(2) Be enrolled in a commercial healthcare plan, including a qualified health plan through the exchange, or Medicare; and
(3) Have evidence of either a pre-existing condition reliant on a specialty medication or have a past or expected medication prescription for which cost sharing would exceed $100.
The program shall provide cost-share support at the point of sale for a prescription drug, according to an enrollee's income. Such amounts shall limit the patient liability for a prescription to (a) $50 for individuals with incomes less than or equal to 400 percent of the federal poverty, or (b) $100 for individuals with incomes greater than 400 percent of the federal poverty level.
Cost incurred by the program shall count towards the annual out-of-pocket threshold required by Sections 1201 and 1302 of the Federal Affordable Act, to the extent permitted by federal law./
Amend the bill further, as and if amended, Part IB, Section 84, DEPARTMENT OF TRANSPORTATION, page 448, after line 27, by adding an appropriately numbered paragraph to read:
/ (DOT: Tree Removal) The Department of Transportation is prohibited from using funds authorized by this act for tree removal, or other similar activities, in the median of Interstate 26 from approximately mile marker 170 to approximately mile marker 199 between Summerville and Interstate 95 until approval is given by the BCD Council of Governments./
Amend the bill further, as and if amended, Part IB, Section 101, BUDGET AND CONTROL BOARD, page 473, after line 32, by adding an appropriately numbered paragraph to read:
/ (BCB: Deficit Prevention and Recognition) (A) It is the responsibility of each state agency, department, and institution to operate within the limits of appropriations set forth in the annual general appropriations act, appropriation acts, or joint resolution supplemental thereto, and any other approved expenditures of monies. A state agency, department, or institution shall not operate in a manner that results in a year-end deficit except as provided in this chapter.
(B) If at the end of each quarterly deficit monitoring review by the State Budget Division, it is determined by either the State Budget Division or a state agency, department, or institution that the likelihood of a deficit for the current fiscal year exists, the state agency shall notify the General Assembly within fifteen days of this determination and shall further request the State Budget Division to work with it to develop a plan to avoid the deficit. Within fifteen days of the deficit avoidance plan being completed, the State Budget Division shall either request the General Assembly to recognize the deficit in the manner provided in subsection (C) if it determines the deficit avoidance plan will not be sufficient to avoid a deficit or notify the General Assembly of how the deficit will be avoided based on the deficit avoidance plan if the State Budget Division determines the plan will be sufficient to avoid a deficit.
(C) Upon notification from the State Budget Division as provided in subsection (B) that an agency will run a deficit and requesting that it be recognized, the General Assembly, by joint resolution, may make a finding that the cause of, or likelihood of, a deficit is unavoidable due to factors which are outside the control of the state agency, department, or institution, and recognize the deficit. Any legislation to recognize a deficit must be in a separate joint resolution enacted for the sole purpose of recognizing the deficit of a particular state agency, department, or institution. A deficit only may be recognized by an affirmative vote of each branch of the General Assembly.
(D) If the General Assembly recognizes the deficit, then the actual deficit at the close of the fiscal year must be reduced as necessary from surplus revenues or surplus funds available at the close of the fiscal year in which the deficit occurs and from funds available in the General Reserve Fund and the Capital Reserve Fund, as required by the Constitution of this State.
(E) Once a deficit has been recognized by the General Assembly, the state agency, department, or institution shall limit travel and conference attendance to that which is deemed essential by the director of the agency, department, or institution. In addition, the General Assembly, when recognizing a deficit may direct that any pay increases and purchases of equipment and vehicles must be approved by the State Budget Division. /
Amend the bill, as and if amended, Part IB, Section 110, STATE TREASURER - AID TO SUBDIVISIONS, page 480, after line 3, by adding an appropriately numbered paragraph to read:
/ (AS-TREAS: Dorchester Clerk of Court) $30,000 of the funds allocated to Dorchester County from the Local Government Fund shall be remitted to Dorchester County Clerk of Court./
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 489, paragraph 117.21, lines 29-30, by striking the lines in their entirety and inserting:
/ (B) That employees of the State, when traveling outside the United States, Canada, and Puerto Rico upon promotional business for the State of South Carolina shall be entitled to actual expenses for both food and lodging, or may elect to seek reimbursement using the maximum daily rate for meals as established by the federal government per diem rates for travel in foreign areas./
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 494, paragraph 117.29, lines 10-16, by striking the lines in their entirety and inserting:
/ 117.29. (GP: School Technology Initiative) From the funds appropriated/authorized for the K-12 technology initiative, the Department of Education, in consultation with the Budget and Control Board's Division of State Information Technology, the State Library, and the Educational Television Commission, and a representative from the Education Oversight Committee, shall administer the K-12 technology initiative funds. These funds are intended to provide technology, encourage effective use of technology in K-12 public schools throughout the state, conduct cost/benefit analyses of the various technologies, and should, to the maximum extent possible, involve public-private sector collaborative efforts. Funds may also be used to establish pilot projects for new technologies with selected school districts as part of the evaluation process. K-12 technology initiative funds shall be retained and carried forward to be used for the same purpose./
Amend the bill further, as and if amended, Section 117, GENERAL PROVISIONS, page 508, paragraph 117.96, lines 30-36, and page 509, lines 1-12, by striking the lines in their entirety and inserting:
/ 117.96. (GP: Recovery Audits) The Budget and Control Board shall contract with one or more consultants firms to conduct recovery audits of payments made by all state agencies to vendors for goods and services. The audits must be designed to detect, document, and recover overpayments and erroneous payments to the vendors and to recommend improved financial and operational practices and procedures. A state agency shall pay, from recovered monies received, the recovery audit consultant firm responsible for obtaining for the agency a reimbursement or payment from a vendor a negotiated fee not to exceed twenty percent of the funds recovered by that vendor firm.
Funds Unless otherwise restricted by law, funds recovered, less the cost of recovery, shall be remitted to a special fund subject to appropriation by the General Assembly. Agencies may recover costs that are documented to be directly related to implementation of this provision.
Recovery audits apply only to payments made more than one hundred eighty days prior to the date the audit is initiated and shall cover at least three complete fiscal years.
All information provided under a contract must be treated as confidential by the vendor recovery audit firm. A violation of this provision shall result in the forfeiture by the vendor firm of all compensation under the contract and to the same sanctions and penalties that would apply to that disclosure.
Each executive state agency shall participate in this recovery audit program and shall cooperate and provide the recovery audit consultant firm with all information necessary for the audit in a timely manner. All vendors that provide goods or services to a state agency shall cooperate with the recovery audit firm in its audit.
A state agency shall expend or return to the federal government any federal money that is recovered through a recovery audit conducted under this chapter provision. Payments to the recovery audit consultant firm from the federal share of recovered funds shall be solely from the federal portion as allowed by the federal agency.
In addition to performing the recovery audits, the recovery audit firm may conduct an analysis of contracts and pricing structures, as determined and directed by the Executive Director of the Budget and Control Board or her or his designee, to identify and recommend future cost-savings and improved state agency financial operations going forward. A state agency shall pay the recovery audit firm responsible for obtaining the agency actual cost-savings a fee as authorized by the contract with the recovery audit firm.
The recovery audit firm shall provide reports to the Budget and Control Board detailing its findings, the causes for the overpayments and erroneous payments, future cost-savings opportunities and its recommendations for strengthening state operations and/or state contracts to prevent improper payments in the future.
For purposes of this proviso, the term "vendor" or "vendors" includes, but is not limited to, sellers, suppliers, service providers, other providers, contractors and third party administrators; the term "overpayments and erroneous payments" includes, but is not limited to, overpayments, duplicate payments, erroneous payments, and rebates, discounts and credits not received; and the term "state agency" or "state agencies" includes all state agencies, boards, commissions, institutions and institutions of higher education
The Budget and Control Board shall provide copies, including electronic form copies, of final reports received from a consultant firm under contract to: the Governor; the Chairman of the Senate Finance Committee; the Chairman of the House Ways and Means Committee; and the state auditor's office. Not later than January first of each year, the board shall issue a report to the General Assembly summarizing the contents of all reports received under this provision during the prior fiscal year. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: Technology and Remediation) The funds appropriated to the Budget and Control Board for the Division of Information Security shall be used to develop and implement a statewide information security program. The funds contained for Enterprise Technology and Remediation shall be distributed to state agencies to address the State's most serious information security vulnerabilities as determined by the Division of Information Security and the Division of State Information Technology./
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: Data Breach Notification) (A) An agency of this State owning or licensing computerized data or other data that includes personal identifying information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this State whose personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person. In determining whether information has been acquired, or is reasonably believed to have been acquired, by an unauthorized person or a person without valid authorization, the agency may consider the following factors, among others:
(1) indications that the information is in the physical possession and control of an unauthorized person, such as a lost or stolen computer or other device containing information;
(2) indications that the information has been viewed, downloaded, or copied; or
(3) indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of reported identity theft.
(B) An agency maintaining computerized data or other data that includes personal identifying information that the agency does not own shall notify the owner or licensee of the information of a breach of the security of the data immediately following discovery, if the personal identifying information was, or is reasonably believed to have been, acquired by an unauthorized person.
(C) The disclosure requirements of subsections (A) and (B) must be made in the most expedient time possible and without unreasonable delay; however, the notification required by this section may be delayed if a law enforcement agency determines that the notification impedes a criminal investigation and must be made after the law enforcement agency determines that it no longer compromises the investigation. A delay in notification shall not exceed seventy-two hours after discovery, unless the agency requests and the attorney general grants, in writing, additional delays of up to seventy-two hours each upon a determination that such notification impedes a criminal investigation.
(D) For purposes of this section:
(1) "Agency" means any agency, department, board, commission, committee, or institution of higher learning of the State or a political subdivision of it.
(2) "Breach of the security of the system" means unauthorized access to and acquisition of computerized data that was not rendered unusable through encryption, redaction, or other methods that compromise the security, confidentiality, or integrity of personal identifying information maintained by the agency, when illegal use of the information has occurred or is reasonably likely to occur or use of the information creates a material risk of harm to the consumer. Good faith acquisition of personal identifying information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system if the personal identifying information is not used or subject to further unauthorized disclosure.
(3) "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative non-profit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. A list of consumer reporting agencies shall be compiled by the Department of Consumer Affairs and furnished upon request to the agency required to make a notification under this section.
(4) "Personal identifying information" means the first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of this State, when the data elements are neither encrypted nor redacted or when the data elements are encrypted with an encryption key and the encryption key that has also been acquired:
(a) social security number;
(b) driver's license number or state identification card number issued instead of a driver's license;
(c) financial account number, or credit card or debit card number in combination with any required security code, access code, or password that would permit access to a resident's financial account; or
(d) other numbers or information which may be used to access a person's financial accounts or numbers or information issued by a governmental or regulatory entity that uniquely will identify an individual.
The term does not include information that is lawfully obtained from publicly available information, or from federal, state, or local government records lawfully made available to the general public.
(E) The notice required by this section may be provided by:
(1) written notice;
(2) electronic notice, if the agency's primary method of communication with the individual is by electronic means, the person to whom notice is required has expressly consented to receiving said notice in electronic form, or is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 USC and Chapter 6, Title 26 of the 1976 Code;
(3) telephonic notice; or
(4) substitute notice, if the agency demonstrates that the cost of providing notice exceeds two hundred fifty thousand dollars or that the affected class of subject persons to be notified exceeds five hundred thousand or the agency has insufficient contact information. Substitute notice consists of:
(a) e-mail notice when the agency has an e-mail address for the subject persons;
(b) conspicuous posting of the notice on the agency's web site page, if the agency maintains one; or
(c) notification to major statewide media.
Regardless of the method by which notice is provided, such notice shall include contact information for the agency making the notification and a description of the categories of information that were, or are reasonably believed to have been, acquired by a person without valid authorization, including specification of which of the elements of personal information and private information were, or are reasonably believed to have been, so acquired.
(F) A resident of this State who is injured by a violation of this section, in addition to and cumulative of all other rights and remedies available at law, may:
(1) institute a civil action to recover damages;
(2) seek an injunction to enforce compliance; and
(3) recover attorney's fees and court costs, if successful.
(G) An agency that knowingly and willfully violates this section is subject to an administrative fine up to one thousand dollars for each resident whose information was accessible by reason of the breach, the amount to be decided by the Department of Consumer Affairs.
(H) If the agency provides notice to more than one thousand persons at one time pursuant to this section, the agency shall notify, without unreasonable delay, the Consumer Protection Division of the Department of Consumer Affairs and all consumer reporting agencies that compile and maintain files on a nationwide basis, as defined in 15 USC Section 1681a(p), of the timing, distribution, and content of the notice. /
Amend the bill further, as and if amended, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: DOT Transfer to SIB) Upon receipt of General Funds appropriated to the Department of Transportation for Highway Engineering Permanent Improvements, the department is directed to transfer an equivalent amount from non-tax sources to the State Transportation Infrastructure Bank (SIB) to be used solely to finance the maintenance, rehabilitation, expansion and improvement of existing mainline interstates and state owned highways and bridges. The Department of Transportation shall submit a list approved by the Transportation Commission in accordance with Act 114, of projects programmed in the Statewide Transportation Improvement Program (STIP) and/or The State Program in section 57-1-370(C)(1). The SIB Board shall only expend these funds on projects meeting the above criteria and that have received Joint Bond Review Committee approval. The General Funds appropriated to the Department of Transportation for Highway Engineering Permanent Improvements are exempt from any across-the-board reductions./
Amend the bill further, as and if amended, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: State Ports Authority Property) If the State Ports Authority has not completed the sale of its real property on Daniel Island and Thomas (St. Thomas) Island, except for the dredge disposal cells that are needed in connection with the construction of the North Charleston terminal on the Charleston Naval Complex and for harbor deepening and for channel and berth maintenance, by December 31, 2013, the Budget and Control shall, on January 1, 2014, transfer the property back to the authority. The authority shall sell the real property under terms and conditions it considers most advantageous to the authority and the State of South Carolina and the sale must be completed by June 30, 2014. The State Ports Authority must transfer the property to the Budget and Control Board for sale if the authority is unable to complete the sale by June 30, 2014./
Amend the bill further, as and if amended, Section 118, STATEWIDE REVENUE, page 522, paragraph 118.16, line 32, after "2013," by inserting: /excluding funds received from Settlement of the 2003-2012 NPM Adjustments Under the Tobacco Master Settlement Agreement,/
Amend the bill further, as and if amended, Section 118, STATEWIDE REVENUE, page 522, paragraph 118.16, lines 28-29, by striking: / ; and $36,202,909 to the Department of Education for EFA-IDEA Contingency Reserve /
Amend the bill further, as and if amended, Section 118, STATEWIDE REVENUE, page 522, paragraph 118.16, line 33, by striking: /Authority,/ and inserting: /Authority and to transfer $34,839,179 to the General Fund of the State,/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 523, paragraph 118.17, lines 6-9, by striking the lines in their entirety and inserting:
/ 118.17. (SR: Non-recurring Revenue) (A) The source of revenue appropriated in this provision is non-recurring revenue generated from the following sources:
(1) $159,845,460 from Fiscal Year 2012-13 unobligated general fund revenue as certified by the Board of Economic Advisors;
(2) $1,782,396 from the LCD Hitachi Settlement; and
(3) Funds received from Settlement of the 2003-2012 NPM Adjustments Under the Tobacco Master Settlement Agreement which shall be transferred to the General Fund of the State./
This revenue is deemed to have occurred and is available for use in Fiscal Year 2013-14 after September 1, 2013, following the Comptroller General's close of the state's books on Fiscal Year 2012-13./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 523, paragraph 118.17, after line 16, by inserting an appropriately numbered item to read:
/( ) Part IA - General Fund.....$1/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 523, paragraph 118.17, item (2) H63-Department of Education, line 23, opposite (c) Instructional Materials, by striking /$3,584,616;/ and inserting /$11,167,978;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 523, paragraph 118.17, item (2) H63-Department of Education, after line 23, by inserting appropriately numbered subitems to read:
/ ( ) School Bus Lease and Purchase.....$5,000,000;
( ) 4K Statewide at Risk Phase In - Districts with 75% + Poverty.....$4,120,000;
(2.1) Of the funds appropriated above to the Department of Education for 4K Statewide at Risk Phase In - Districts with 75% + Poverty, 85% shall be distributed to First Steps to School Readiness for the Child Development Education Pilot Program (CDEPP) and 15% shall be retained by the Department of Education for the Child Development Education Pilot Program (CDEPP)./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 523, paragraph 118.17, item (4) J02 - Department of Health and Human Services, line 32, by striking / (a) Nursing Homes;/ and inserting /(a) Nursing Homes - Rate Increase;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 524, paragraph 118.17, item (8) H51-Medical University of South Carolina, after line 8, by inserting appropriately numbered subitems to read:
/ ( ) Institute of Medicine.........................................$400,000;
( ) Mobile Cancer Screening and Early Detection......$600,000;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 524, paragraph 118.17, item (10) H79-Department of Archives and History, after line 12, by inserting an appropriately numbered subitem to read:
/ ( ) GLEAMNS - Benjamin Mays Historical Preservation Site - Capital Equipment......$1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 524, paragraph 118.17, item (11) H95-State Museum Commission, after line 14, by inserting appropriately numbered subitems to read:
/ ( ) Greenville Children's Museum......$100,000;
( ) SC Railroad Museum....................$1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 524, paragraph 118.17, item (13) J04-Department of Health and Environmental Control, after line 22, by inserting appropriately numbered subitems to read:
/( ) Best Chance and Colon Cancer Prevention Network - Proviso 34.44. .....$1,000,000;
( ) Donate Life SC - Organ Donor Registry.....$1;
( ) James R. Clark Sickle Cell Foundation......$1;
( ) State Beachfront Management Plan.........$2,000,000;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 524, paragraph 118.17, item (16) P32-Department of Commerce, after line 32, by inserting an appropriately numbered subitem to read:
/ ( ) Community Development Corporation Initiative.....$1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 525, paragraph 118.17, item (22) P24-Department of Natural Resources, after line 33, by inserting an appropriately numbered subitem to read:
/ ( ) Catawba/Wateree River Basin Study.....$1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 525, paragraph 118.17, item (22) P24-Department of Natural Resources, after line 33, by inserting:
/ (22.1) The funds appropriated above to the Department of Natural Resources for the State River Basin Study Project, must be used for water data collection to provide scientific information on water resources in the state's eight major river basins. The department shall on a quarterly basis, beginning October 1, 2013, report to the Senate Finance Committee, the House Ways and Means Committee, the Senate Agriculture and Natural Resources Committee and the House Agriculture, Natural Resources and Environmental Affairs Committee, a report on the project's timeline, findings, stakeholder input, and expenditure of funds. Additionally, this information shall be posted electronically on the Department of Natural Resources and Department of Health and Environmental Control websites. /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 525, paragraph 118.17, item (23) L36 - Human Affairs Commission, line 35, by striking /CAAMS System/ and inserting /Computerized Affirmative Action Management System (CAAMS)/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 526, paragraph 118.17, item (25) R28-Department of Consumer Affairs, after line 4, by inserting an appropriately numbered subitem to read:
/ ( ) Identity Theft Unit............................................$1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 526, paragraph 118.17, item (33) U12 - Department of Transportation, line 27, by striking /(f) Bridge Replacement and Rehabilitation.....$60,000,000; and inserting / (f) Sandy Island Boat Ramp.....$150,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 526, paragraph 118.17, after line 27, by inserting appropriately numbered subitems to read:
/ ( ) P28 - Department of Parks, Recreation and Tourism
Rural Tourism Development-Cultural
Visitor's Center, Orangeburg County $1,000,000;
( ) F03 - Budget and Control Board
Security Lighting Upgrade $453,000;
( ) H15 - University of Charleston
Avery Center $1;
( ) L04 - Department of Social Services
Phyllis Wheatley - Donaldson Center
Revitalization $1;
( ) E21 - Prosecution Coordination Commission
Centers for Fathers and Families $1;
( ) R36 - Department of Labor, Licensing, and Regulation
Urban Search and Rescue (USAR) $1;
( ) A85 - Education Oversight Committee
Partnerships for Innovation $100,000;
( ) P16 - Department of Agriculture
Certified South Carolina Grown Program $1;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 526, paragraph 118.17, item (33.1) line 28, by striking / (33.1) The funds appropriated above for Bridge Replacement and Rehabilitation / and inserting:
/ Of any excess funds collected above the amount identified in subsection(A), and after all the above items in this subsection (B) are fully funded, any additional
funds shall be appropriated to the Department of Transportation for Bridge Replacement and Rehabilitation. These funds /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 527, after line 4, by adding an appropriately numbered paragraph to read:
/ (SR: Tax Deduction for Consumer Protection Services) (A) In addition to the deductions allowed in Section 12-6-1140 of the 1976 Code, there is allowed a deduction in computing South Carolina taxable income of an individual the actual costs, but not exceeding three hundred dollars for an individual taxpayer, and not exceeding one thousand dollars for a joint return or a return claiming dependents, incurred by a taxpayer in the taxable year to purchase a monthly or annual contract or subscription for identity theft protection and identity theft resolution services. The deduction allowed by this item may not be claimed by an individual if the individual deducted the same actual costs as a business expense or if the taxpayer is enrolled in the identity theft protection and identity theft resolution services offered free of charge by the State of South Carolina. For purposes of this item, 'identity theft protection' means products and services designed to prevent an incident of identify fraud or identity theft or other protect the private of a person' personal identifying information, as defined in Section 16-13-510(D), by precluding a third party from gaining unauthorized acquisition of another's personal identifying information to obtain financial resources or other products, benefits or services; and identity theft resolution services means products and services designed to assist persons whose personal indentifying information, as defined by Section 16-13-510(D), was obtained by a third party, whereby minimizing the effects of the identity fraud or identity theft incident and restoring the person's identity to pre-theft status.
(B) The deduction provided in (A) is only allowed for taxpayers that filed a return with the Department of Revenue for any taxable year after 1997 and before 2013, whether by paper or electronic transmission, or any person whose personally identifiable information was contained on the return of another eligible person, including minor dependents.
(C) By March fifteenth of each year, the department shall issue a report to the Governor and the General Assembly detailing the number of taxpayers claiming the deduction allowed by this item in the most recent tax year for which there is an accurate figure, and the total monetary value of the deductions claimed pursuant to this item in that same year.
(D) The department shall prescribe the necessary forms to claim the deduction allowed by this section. The department may require the taxpayer to provide proof of the actual costs and the taxpayer's eligibility./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Dillard Douglas Edge Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Owens Parks Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The amendment was then adopted.
I abstained from voting on H. 3710, to avoid any possible appearance of a potential conflict of interest. I support H. 3710 and would have voted in favor of the Bill.
Rep. Shannon Erickson
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
H. 3710, Amendment No. 1A.
The reason for abstaining on the above referenced legislation is: A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. Chris Murphy
Rep. BEDINGFIELD proposed the following Amendment No. 2A to H. 3710, as passed by the House, (Doc Name h:\legwork\house\amend\h-wm\001\hou2 school choice.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 344, after line 15, by adding an appropriately numbered paragraph to read:
/ (SDE: Educational Credit for Exceptional Needs Children & Low Income Children) (A) As used in this proviso:
(1) 'Independent school' means a school, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met and that does not discriminate based on the grounds of race, color, religion, or national origin.
(2) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(3) 'Qualifying student' means a student who is a South Carolina resident and who is eligible to be enrolled in a South Carolina secondary or elementary public school at the kindergarten or later year level for the current school year.
(4) 'Resident public school district' means the public school district in which a student resides.
(5) 'Tuition' means the total amount of money charged for the cost of a qualifying student to attend an independent school including, but not limited to, fees for attending the school and school-related transportation.
(6) 'Eligible school' means an independent school including those religious
in nature, other than a public school, at which the compulsory attendance requirements of Section 59-65-10 may be met, that:
(a) offers a general education to primary or secondary school students;
(b) does not discriminate on the basis of race, color, or national origin;
(c) is located in this State;
(d) has an educational curriculum that includes courses set forth in the state's diploma requirements and where the students attending are administered national achievement or state standardized tests, or both, at progressive grade levels to determine student progress;
(e) has school facilities that are subject to applicable federal, state, and local laws; and
(f) is a member in good standing of the Southern Association of Colleges and Schools, the South Carolina Association of Christian Schools or the South Carolina Independent Schools Association.
(7) 'Nonprofit scholarship funding organization' means a charitable organization that:
(a) is exempt from federal tax under Section 501(a) of the Internal Revenue Code by being listed as an exempt organization in Section 501(c)(3) of the Code;
(b) allocates, after its first year of operation, at least ninety-five percent of its annual contributions and revenue received during a particular year to provide grants for tuition, transportation, or textbook expenses (collectively hereinafter referred to as tuition) or any combination thereof to children enrolled in an eligible school meeting the criteria of this section, and incurs administrative expenses annually, after its first year of operation, of not more than five percent of its annual contributions and revenue for a particular year;
(c) allocates all of its funds used for grants on an annual basis to children who are 'exceptional needs' students as defined herein or who are eligible for the federal free or reduced lunch program, or whose families meet the qualifications for federal Medicaid benefits;
(d) does not provide grants solely for the benefit of one school, and if the Department of Revenue determines that the nonprofit scholarship funding organization is providing grants to one particular school, the tax credit allowed by this section may be disallowed;
(e) does not have as a member of its governing board any parent, legal guardian, or member of their immediate family who has a child or ward who is currently receiving or has received a scholarship grant authorized by this section from the organization within one year of the date the parent, legal guardian, or member of their immediate family became a board member; and
(f) does not have as a member of its governing board any person who has been convicted of a felony, or who has declared bankruptcy within the last seven years.
(8) 'Person' means an individual, partnership, corporation, or other similar entity.
(9) 'Transportation' means transportation to and from school only.
(B) A person is entitled to a tax credit for the amount of money the person contributes to a nonprofit scholarship funding organization up to the limits of this proviso if:
(1) the contribution is used to provide grants for tuition, transportation, or textbook expenses or any combination thereof to exceptional needs children or students who are eligible for the federal free or reduced lunch program, or whose families meet the qualifications for federal Medicaid benefits and are enrolled in eligible schools who qualify for these grants under the provisions of this proviso; and
(2) the person does not designate a specific child or school as the beneficiary of the contribution.
(C) Grants may be awarded by a scholarship funding organization in an amount not exceeding ten thousand dollars or the total cost of tuition, whichever is less, for students with 'exceptional needs' to attend an independent school. An 'exceptional needs' child is defined as a child who has been designated by the South Carolina Department of Education to meet the requirements of CFR Part A Section 300.8 and the child's parents or legal guardian believe that the services provided by the school district of legal residence do not sufficiently meet the needs of the child. Grants may be awarded by a scholarship funding organization in an amount not exceeding five thousand dollars or the total cost of tuition, whichever is less for students who are eligible for the federal free or reduced lunch program, or whose families meet the qualifications for federal Medicaid benefits.
(D) (1) The tax credits authorized by subsection (B) may not exceed a combined cumulative total of ten million dollars for contributions made on behalf of both 'exceptional needs' students and students who are eligible for the federal free or reduced lunch program, or whose families meet the qualifications for federal Medicaid benefits. If the Department of Revenue determines that the total of such credits claimed by all taxpayers exceeds this amount, it shall proportionally reduce the credits of all taxpayers pro rata for the year in the particular category. The Department of Revenue shall ensure that the cumulative total credit claimed pursuant to this provision is evenly divided between contributions made on behalf of "exceptional needs" students and students who are eligible for the federal free or reduced lunch program, or whose families meet the qualifications for federal Medicaid benefits.
(2) A taxpayer may not claim more than sixty percent of their total tax liability for the year in contribution towards the tax credit authorized by subsection (C). Tax credits allowed by this proviso may be used in computing any tax imposed by Title 12 of the 1976 Code of Law or in computing insurance premium taxes or bank license fees. This credit is not refundable.
(3) If a husband and wife file separate returns, they each may only claim one-half of the tax credit that would have been allowed for a joint return for the year.
(4) The person shall apply for a credit under subsection (B) on or with the tax return for the period for which the credit is claimed.
(5) The Department of Revenue shall prescribe the form and manner of proof required to obtain the credit authorized by subsection (B). Also, the department shall develop a method of informing taxpayers if either of the credit limits are met at any time during the 2014 tax year.
(6) A person may claim a credit under subsection (B) for contributions made on or after January 1, 2014.
(E) A corporation or entity entitled to a credit under subsection (B) may not convey, assign, or transfer the deduction or credit authorized by this section to another entity unless all of the assets of the entity are conveyed, assigned, or transferred in the same transaction.
(F) Except as otherwise provided, neither the Department of Education, the Department of Revenue, nor any other state agency may regulate the educational program of an independent school that accepts students receiving scholarship grants pursuant to this proviso.
(G) (1) The Education Oversight Committee, as established in Chapter 6, Title 59, is responsible for determining if an eligible school meets the criteria established by subsection (A)(6), and shall publish an approved list of such schools meeting this criteria below. For this purpose, it also shall promulgate regulations further enumerating the specifics of this criteria. In performing this function, the Education Oversight Committee shall establish an advisory committee made up of not more than nine members including parents, and representatives of independent schools and independent school associations. The advisory committee shall provide recommendations to the Education Oversight Committee on the content of these regulations and any other matters requested by the Education Oversight Committee.
(2) (a) By the first day of August for the current fiscal year, the Education Oversight Committee, on its website available to the general public, shall provide a list with addresses and telephone numbers of nonprofit scholarship funding organizations in good standing which provide grants under this proviso, and a list of approved independent schools which accept grants for eligible students and which in its determination are in compliance with the requirements of subsection (A)(6).
(b) Student test scores, by category, on national achievement or state standardized tests, or both, for all grades tested and administered by an eligible school receiving or entitled to receive scholarship grants under this proviso must be transmitted to the Education Oversight Committee which in turn shall publish this information on its website with the most recent scores by category included.
(3) Any independent school not determined to be an eligible school under the provisions of this proviso may seek review by filing a request for a contested case hearing with the Administrative Law Court in accordance with the court's rules of procedure.
(4) The Education Oversight Committee, after consultation with its nine-member advisory committee, may exempt an independent school having students with exceptional needs who receive scholarship grants pursuant to this proviso from the curriculum requirements of subsection (A)(6)(d).
(H) (1) Every nonprofit scholarship funding organization providing grants under subsection (C), shall cause an outside auditing firm to conduct a comprehensive financial audit of its operations in conformity with generally accepted accounting principles and shall furnish the same within thirty days of its completion and acceptance to the Secretary of State and Department of Revenue which must be made available by them on their website for public review.
(2) Every independent school accepting grants for eligible students shall cause to be conducted a compliance audit by an outside entity or auditing firm examining its compliance with the provisions of this proviso, and shall furnish the same within thirty days of its completion and acceptance to the Secretary of State and Department of Revenue which must be made available by them on their website for public review. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BEDINGFIELD explained the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. ATWATER spoke in favor of the amendment.
Rep. ANTHONY spoke against the amendment.
Rep. RUTHERFORD moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Bernstein Bowers Branham Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Funderburk George Gilliard Govan Hayes Hiott Hodges Horne Hosey Howard Jefferson Knight McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Parks Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb Sandifer Sellers Skelton J. E. Smith Stavrinakis Vick Weeks Whipper Williams
Those who voted in the negative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Felder Finlay Forrester Goldfinch Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hixon Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Pope Putnam Quinn Riley Rivers Ryhal Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Southard Stringer Taylor Thayer Toole Wells White Willis Wood
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. SELLERS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Finlay Forrester Goldfinch Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hixon Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Owens Patrick Pitts Pope Putnam Quinn Riley Rivers Ryhal Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stringer Tallon Taylor Thayer Toole Wells White Willis Wood
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bernstein Bowers Branham Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Felder Funderburk George Gilliard Govan Hayes Hiott Hodges Horne Hosey Howard Jefferson Knight McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Parks Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb Sellers Skelton J. E. Smith Stavrinakis Vick Weeks Whipper Williams
So, the amendment was adopted.
Rep. DANING proposed the following Amendment No. 3A to H. 3710, as passed by the House, (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\HOU2 VET TUITION2 .DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: Veterans Tuition Entitlement) A veteran of the Armed Services of the United States, who has evidenced intent to establish domicile in South Carolina and their dependents, are entitled to receive in-state tuition and fees at state institutions without the requirement of one year of physical presence in this State./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DANING explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Quinn Ridgeway Riley Rivers Rutherford Ryhal Sabb Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The amendment was then adopted.
Rep. POWERS NORRELL proposed the following Amendment No. 4A to H. 3710, (Doc Name h:\legwork\house\amend\h-wm\001\hou2 consumer reports.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (GP: Consumer Reports) Each consumer reporting agency shall, upon request of a citizen whose personal financial information was compromised as a result of the Department of Revenue Security Breach of 2012, shall provide the affected person with one disclosure copy of his or her file per month at no charge. If the affected person requests more than one disclosure copy of his or her file per month, the consumer reporting agency may charge the affected person a reasonable fee for each additional disclosure copy./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. POWERS NORRELL explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Dillard Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The amendment was then adopted.
Rep. BEDINGFIELD moved to reconsider the vote whereby Amendment 2A was adopted.
Rep. BEDINGFIELD moved to table the motion to reconsider, which was agreed to.
The SPEAKER granted Rep. DILLARD a leave of absence for the remainder of the day due to a family commitment.
Reps. OWENS and HAYES proposed the following Amendment No. 6A (Doc Name h:\legwork\house\amend\h-wm\004\high school exit exam and study committee.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 365, after line 19, by adding an appropriately numbered paragraph to read:
/ For the current fiscal year a student's score on the exit exam may not be used as criterion for graduation and a student must not be required to achieve any minimum score to graduate. An eligible student who previously failed to receive a high school diploma or was denied graduation solely for failing the required exit exam may reenroll in high school and will not have to pass the exit exam in order to receive a high school diploma. The State Board of Education shall waive any conflicting requirements and regulations.
There is created a High School Assessment Study Committee. The study committee must be composed of the following members who will serve without compensation:
(1) one member appointed by the Governor;
(2) one member appointed by the Speaker of the House of Representatives;
(3) one member appointed by the Chairman of the House Education and Public Works Committee;
(4) one member appointed by the President Pro Tempore of the Senate;
(5) one member appointed by the Chairman of the Senate Education Committee;
(6) one member appointed by the State Superintendent of Education, who shall serve as chair of the committee; and
(7) one member appointed by the Chairman of the Education Oversight Committee.
(C) Vacancies in the membership of the study committee must be filled for the remainder of the unexpired term in the manner of original appointment.
The committee must consider whether the High School Assessment Program (HSAP) test should remain the State's accountability assessment or to replace it with a different assessment. Further the committee must suggest an alternative assessment if the committee determines that the HSAP should be replaced and shall review the costs associated with a change of assessments. No later than January 31, 2014 the committee shall make recommendations concerning proposed changes to the Chairman of the House Education and Public Works Committee, the Chairman of the House Ways and Means Committee, the Chairman of the Senate Education Committee and the Chairman of the Senate Finance Committee, at which time the study committee must be dissolved. Staff will be provided by the Senate Education Committee and the House Education Committee/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. OWENS explained the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. OWENS spoke in favor of the amendment.
Rep. SELLERS spoke against the amendment.
Rep. LOWE spoke against the amendment.
Rep. NEAL spoke against the amendment.
Rep. RUTHERFORD spoke in favor of the amendment.
Rep. SKELTON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers R. L. Brown Burns Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Erickson Forrester Gagnon Gambrell George Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Howard Huggins Jefferson Kennedy Knight Long McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Newton Norman Owens Parks Patrick Pitts Pope Putnam Quinn Riley Rivers Rutherford Ryhal Sabb Sandifer Simrill Skelton J. E. Smith J. R. Smith Sottile Spires Stringer Taylor Toole Vick Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
Bedingfield Brannon G. A. Brown K. R. Crawford Douglas Edge Felder Finlay Funderburk Gilliard Govan Hosey Loftis Lowe Lucas McCoy Merrill Nanney Neal Ott Powers Norrell Ridgeway Sellers G. M. Smith G. R. Smith Southard Stavrinakis Tallon Thayer Weeks
The amendment was then adopted.
Rep. SKELTON proposed the following Amendment No. 10A to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\001\hou2 temp user fee & road tax.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 514, after line 2, by adding an appropriately numbered paragraph to read:
/ (A) Beginning July 1 of the current fiscal year, there is imposed a temporary user fee of one cent a gallon, plus an additional cumulative one cent a gallon effective on the first day of each succeeding month of the current fiscal year on all motor fuel subject to the user fee imposed pursuant to Section 12-28-310 of the 1976 Code. For all purposes, this temporary user fee is deemed to be imposed pursuant to Section 12-28-310 of the 1976 Code.
(B) Beginning July 1 of the current fiscal year, there is imposed a temporary road tax for the privilege of using the streets and highways in this State upon every motor carrier subject to the road tax imposed pursuant to Section 56-11-410 of the 1976 Code. The temporary road tax is equivalent to one cent a gallon, plus an additional cumulative one cent a gallon effective on the first day of each succeeding month of the current fiscal year calculated on the amount of gasoline or other motor fuel used by the motor carrier in its operations within this State. For all purposes, this temporary road tax is deemed to be imposed pursuant to Section 56-11-410 of the 1976 Code.
(C) All revenue of the temporary user fee and temporary road tax imposed pursuant to this paragraph must be credited to the State Highway Fund. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SKELTON explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. D. C. MOSS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Burns Chumley Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Edge Erickson Felder Finlay Forrester Gagnon Gambrell George Goldfinch Govan Hamilton Hardee Hardwick Harrell Henderson Hiott Hixon Horne Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy McEachern Merrill Murphy Nanney Newton Owens Patrick Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Sellers Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Toole Wells White Whitmire Willis Wood
Those who voted in the negative are:
Alexander Anderson Anthony Bales Bowers Brannon G. A. Brown R. L. Brown Clyburn Cobb-Hunter Douglas Funderburk Gilliard Hart Hayes Hodges Hosey Howard Jefferson Knight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Neal Norman Powers Norrell Ridgeway Robinson-Simpson Rutherford Sabb Skelton Southard Stringer Vick Weeks Whipper Williams
So, the amendment was tabled.
Rep. J. E. SMITH proposed the following Amendment No. 11A to H. 3710, as passed by the House, (Doc Name h:\legwork\house\amend\h-wm\001\hou2 sch choice religion.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 344, by amending doc. no. H:\legwork\house\amend\h-wm\001\hou2 school choice.docx, page 4 of the amendment by inserting a new subsection after (f) to read:
/ (g) does not discriminate on the basis of race, color, national origin, or religion /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardee Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the amendment was adopted.
Rep. GOVAN proposed the following Amendment No. 14A to H. 3710 (Doc Name h:\legwork\house\amend\h-wm\001\hou2 school safety task force jg.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 344, after line 15, by adding an appropriately numbered paragraph to read:
/ (SDE: School Safety Task Force) There is created a school safety task force to:
(1) examine the various funding streams for school-based mental health services and determine how these streams may best be utilized in order to provide more accessible and efficient delivery of mental health programs;
(2) examine school mental health staffing ratios and provide suggestions that allow for the full delivery of services and effective school-community partnerships, including collaboration between school districts;
(3) develop standards for district level policies to promote effective school discipline and mental health intervention services;
(4) examine current intra- and interagency collaboration and suggest ways to improve cooperation; and
(5) examine how to best support multi-tiered systems of support.
The task force must be composed of:
(1) one member appointed by the South Carolina School Counselor Association;
(2) one member appointed by the South Carolina Association of School Psychologists;
(3) one member appointed by the South Carolina Association of School Social Workers;
(4) one member appointed by the South Carolina Association for Marriage and Family Therapy;
(5) one member appointed by the South Carolina Association of School Administrators;
(6) one member appointed by the South Carolina School Boards Association;
(7) one member appointed by the South Carolina Department of Mental Health
(8) one member appointed by the South Carolina Association of School Resource Officers;
(9) one member appointed by the Chief of the State Law Enforcement Division;
(10) one member appointed by the Governor;
(11) one member appointed by the State Superintendent of Education;
(12) two members appointed by the Chairman of the House Education and Public Works Committee; and
(13) two members appointed by the Chairman of the Senate Education Committee.
Vacancies in the membership of the task force must be filled for the remainder of the unexpired term in the manner of original appointment. Members of the task force shall serve without compensation and may not receive mileage or per diem.
The staffing for the task force shall be provided by the staff of the House Education and Public Works Committee and Senate Education Committee.
The task force shall make a report of its findings and recommendations concerning proposed changes to the General Assembly no later than December 31, 2013. Any recommendations made by the task force must be revenue neutral. Upon delivery of its findings and recommendations the task force shall be dissolved./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. WHITE 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:
Allison Ballentine Bannister Barfield Bedingfield Bingham Bowen Burns Chumley Cole H. A. Crawford K. R. Crawford Crosby Delleney Edge Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Harrell Henderson Herbkersman Hiott Hixon Horne Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Patrick Pitts Pope Putnam Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Toole Wells White Whitmire Willis Wood
Those who voted in the negative are:
Alexander Anderson Anthony Atwater Bales Bernstein Bowers G. A. Brown R. L. Brown Clyburn Cobb-Hunter Daning George Gilliard Govan Hart Hayes Hodges Hosey Howard Jefferson Knight McEachern M. S. McLeod W. J. McLeod Mitchell Munnerlyn Neal Ott Owens Parks Powers Norrell Quinn Ridgeway Robinson-Simpson Rutherford Sabb Sellers J. E. Smith Southard Stavrinakis Vick Weeks Whipper Williams
So, the amendment was tabled.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
Rep. HIOTT moved that the House recur to the morning hour, which was agreed to.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. WHITE, with unanimous consent:
H. 3711 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2012-2013, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Reps. WHITE, BINGHAM, HERBKERSMAN, LIMEHOUSE, MERRILL, M.A. PITTS, SIMRILL, G. M. SMITH, and J. R. SMITH proposed the following Amendment No. 1A to H. 3711, passed by the House, (Doc Name h:\legwork\house\amend\h-wm\001\hou2 crf amend back.docx), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2012-2013 the following amounts:
(1) F30-Budget and Control Board
Consumer Protection and Statewide
Cyber Security Improvements $ 24,899,996
(2) H63-Department of Education
School Bus Lease and Purchase $ 10,500,000
(3) H09-The Citadel
Cadet Accountability System $ 1,500,000
(4) H15-University of Charleston
Science Center $ 2,000,000
(5) H17-Coastal Carolina University
Science Center $ 1,500,000
(6) H21-Lander University
National Center for
Montessori Education $ 750,000
(7) H47-Winthrop University
Withers/WTS Building Roof
Replacement Maintenance and Repairs $ 750,000
(8) H59-State Board for Technical
and Comprehensive Education
CATT Program/readySC $ 7,538,694
(9) H59-State Board for Technical
and Comprehensive Education
System-wide Infrastructure
and Workforce Development $ 5,500,000
(10) H59-State Board for Technical
and Comprehensive Education
Manufacturing Skills Standards
Council Initiative $ 2,500,000
(11) H59-State Board for Technical
and Comprehensive Education
Central Carolina Technical
College-Advanced
Manufacturing Technology
Training Center $ 3,500,000
(12) J20-Department of Alcohol and
Other Drug Abuse Services
Keystone Alcohol and Drug
Abuse Capital Improvement
Rock Hill $ 750,000
(13) J20-Department of Alcohol and
Other Drug Abuse Services
McCord Center Fire Safety
-Alcohol and Drug Abuse $ 250,000
(14) J20-Department of Alcohol and
Other Drug Abuse Services
Circle Park Florence County
-Alcohol and Drug Abuse $ 150,000
(15) L04-Department of Social Services
Child Support Enforcement
System Development $ 212,221
(16) P12-Forestry Commission
Firefighting Equipment $ 2,000,000
(17) P16-Department of Agriculture
Farmers Market $ 3,000,000
(18) P20-Clemson University-PSA
Advanced Plant Technology Lab $ 3,000,000
(19) P32-Department of Commerce
Deal Closing Fund $ 5,320,234
(20) P32-Department of Commerce
Business Incubator Program $ 1,000,000
(21) R44-Department of Revenue
Repayment of Loan Authorized
by the Budget and Control
Board on 12/12/12 $ 20,170,000
(22) R44-Department of Revenue
Implement Tax Processing
System Improvements $ 7,533,374
(23) N20-Law Enforcement Training
Council (Criminal Justice
Academy) HVAC System $ 1,682,032
(24) A17-Legislative Printing and
Information Technology Systems
Data Center and Server Room $ 950,000
(25) E28-Election Commission
New Statewide Voter System $ 5,000,000
(26) E28-Election Commission
Electronic Voter Registration
Laptops (EVRL) $ 600,000
(27) H18-Francis Marion University
Health Sciences Building
(2 to 1 Match) $ 1
(28) H73-Vocational Rehabilitation
Palmetto Center-Rebuild
Facility-Fire and Life Safety
Issues $ 1
(29) K05-Department of Public Safety
Deferred Maintenance
-Roof Replacement $ 1
(30) N20-Law Enforcement Training
Council (Criminal Justice
Academy) Replace Water
Supply Lines Oldest Dorms $ 1
(31) H15-University of Charleston
Computer Science Program $ 100,000
$ 112,656,555
SECTION 2. With the $5,500,000 appropriated in SECTION 1 to H59-State Board for Technical and Comprehensive Education for System-wide Infrastructure and Workforce Development, the board shall be responsible for prioritizing and funding projects to maximize workforce development. For the purpose of prioritizing funding requests, one of the following criteria must be met: (1) projects requested by the Department of Commerce for current industry recruitment, (2) projects to enhance science and math education by renovating existing science buildings, (3) projects designed to enhance traffic flow and student vehicular safety, and (4) projects that have a local county match funding. Central Carolina Technical College shall be excluded from the distribution of these funds.
SECTION 3. (A) For the current fiscal year, of the funds appropriated to the Budget and Control Board for Statewide Cyber Security and Consumer Protection, the state shall provide at a minimum, one additional year of identity theft protection and identity theft resolution services to each eligible person, as defined in subsection (D), whose personal financial information was compromised as a result of the Department of Revenue Security Breach of 2012. These services must be free of charge and available on or before October 25, 2013. Any funds remaining shall be utilized by the Budget and Control Board to implement state agency cyber security improvements as recommended by Deloitte and Touche.
(B) The Budget and Control Board shall procure services pursuant to subsection (A) in the most cost efficient manner possible. Following the selection of a vendor, the contract shall be executed by the vendor and the Department of Revenue. The Budget and Control Board, with assistance from the Department of Revenue, shall issue a report to the General Assembly by February 1, 2014, containing findings and recommendations concerning the ongoing risk of identity theft to eligible persons, the services the contract or contracts provided, and the need, if any, for extending the period for the contracted services, including the levels of service required beyond the additional one year coverage period. No service provided pursuant to subsection (A) may be procured for a cost if the same service is available to eligible persons for free under state or federal law.
(C) In order to ensure that every eligible person obtains identity theft protection and identity theft resolution services pursuant to subsection (A), to the extent allowed by federal or state law, including Section 30-2-320, the Department of Revenue, working with the contracted vendor, shall develop and implement a policy to make enrollment as simple as possible for each eligible person. The policy may include automatic enrollment, provided that there is an opt-out mechanism for otherwise eligible persons, and enrollment authorization on a tax return filed in this State. By March 15, 2014, the Department of Revenue shall issue a report to the Governor and the General Assembly detailing the number of eligible persons that enrolled and the number of people eligible to enroll in the identity theft protection and identity theft resolution services program procured pursuant to subsection (A). The report also must detail efforts made to encourage enrollment in the programs.
(D) Identity Theft Protection as used herein means a product and/or service designed to prevent an incident of identity fraud or identity theft or otherwise protect the privacy of a person's personal identifying information, as defined in Section 16-13-510 (D), by precluding a third party from gaining unauthorized acquisition of another's personal identifying information to obtain financial resources or other products, benefits, or services.
Identity Theft Resolution Services as used herein means products and services designed to assist persons whose personal identifying information, as defined in Section 16-13-510 (D), was obtained by a third party, whereby minimizing the effects of the identity fraud or identity theft incident and restoring the person's identity to pre-theft status.
Eligible Person used herein means a taxpayer that filed a return with the Department of Revenue for any taxable year after 1997 and before 2013, whether by paper or electronic transmission, or any person whose personally identifiable information was contained on the return of another eligible person, including minor dependents.
(E) Nothing in this section creates a private right of action or an expenditure of funds.
SECTION 4. Prior to any negotiations for the purchase of property at the State Farmers Market located in Lexington County, the Attorney General's Office shall research all recorded documents related to the property and submit a memorandum to the Budget and Control Board that outlines any potential legal issues associated with ownership by the State of any or all of the property, including but not limited to deed restrictions, liens, easements, encumbrances, and gate fee collections. The Attorney General shall attempt to renegotiate, on behalf of the Department of Agriculture, the original farmers market development agreement including but not limited to the declaration of covenants, conditions and restrictions for the wholesalers section. Once the Attorney General has renegotiated the agreements he deems necessary to the State obtaining full enjoyment of title, the Attorney General may utilize funds appropriated in Fiscal Year 2013-2014 to negotiate for the purchase of property at the State Farmers Market on behalf of the State Department of Agriculture subject to approval of the Budget and Control Board. While negotiating the purchase of the State Farmers Market property, the Attorney General shall prioritize the acquisition of lot twenty-five.
SECTION 5. The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 6. This joint resolution takes effect thirty days after the completion of the 2012-2013 fiscal year in accordance with the provisions of Section 36(B)(3)(a), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code.
----XX----/
Renumber items and sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The amendment was then adopted.
Rep. POWERS NORRELL proposed the following Amendment No. 2A to H. 3711, as passed by the House, (Doc Name h:\legwork\house\amend\h-wm\010\mpn no marketing.docx), which was adopted:
Amend the joint resolution, as and if amended, by amending amendment 1A, bearing doc. no. H:\legwork\house\amend\h-wm\001\hou2 crf amend back.docx, Section 3, Page 6, by adding an appropriately numbered subsection after subsection E to read:/ () Any contract entered into by the state for identity theft services as provided for in this resolution shall include provisions that prohibit any provider of state-sponsored identity theft services from using the information obtained on South Carolinians due to their enrollment in state identity theft services to market any other product or services to enrollees or to sell or share information on South Carolinians to a third party./
Renumber items and sections to conform.
Amend totals and titles to conform.
Rep. POWERS NORRELL explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Brannon G. A. Brown R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Nanney Neal Newton Norman Ott Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Williams Willis Wood
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Joint Resolution was ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the motion to reconsider the vote whereby the Bill was given second reading:
S. 308 (Word version) -- Senators Bennett, Shealy, Grooms, Hembree, L. Martin, Massey, Campbell, Turner, Thurmond, Bryant, Verdin, S. Martin, Davis, Bright, Corbin, Campsen, Fair and Cromer: A BILL TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.
Rep. PITTS moved to table the motion to reconsider.
Rep. MERRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Anthony Bales Bannister Barfield Bowers Brannon Chumley Clyburn H. A. Crawford K. R. Crawford Edge Erickson Finlay Funderburk Gagnon Gambrell George Gilliard Goldfinch Hamilton Hardee Hardwick Harrell Hayes Herbkersman Hiott Hixon Hosey Jefferson Kennedy Knight Limehouse Loftis Long Lowe McEachern M. S. McLeod W. J. McLeod D. C. Moss V. S. Moss Munnerlyn Newton Norman Owens Pitts Powers Norrell Ridgeway Riley Robinson-Simpson Rutherford Ryhal Sabb Skelton G. R. Smith J. R. Smith Sottile Spires Taylor Toole Vick Weeks Wells White Williams Willis Wood
Those who voted in the negative are:
Allison Atwater Ballentine Bedingfield Bingham Bowen Burns Cole Crosby Daning Delleney Douglas Felder Henderson Horne Huggins Lucas McCoy Merrill Murphy Nanney Neal Patrick Pope Putnam Quinn Rivers Sandifer Simrill G. M. Smith Southard Stavrinakis Stringer Tallon Thayer Whipper Whitmire
So, the motion to reconsider was tabled.
The question then recurred to the third reading of S. 308.
Rep. MERRILL asked unanimous consent to amend the Bill on third reading.
Rep. PITTS objected.
Rep. MERRILL spoke against the Bill.
Rep. OTT asked unanimous consent to amend the Bill on third reading, which was agreed to.
Reps. MERRILL and QUINN proposed the following Amendment No. 5 to S. 308 (COUNCIL\NBD\308C001.NBD.AC13), which was adopted:
Amend the bill, as and if amended, by deleting Section 23-31-215(A)(6) and inserting:
/(6) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and/
Renumber sections to conform.
Amend title to conform.
Rep. SKELTON spoke against the amendment.
Rep. PATRICK demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hiott Hixon Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are:
Munnerlyn Ridgeway Sabb Skelton
The amendment was then adopted.
Rep. QUINN asked unanimous consent to amend the Bill on third reading.
Rep. SKELTON objected.
The question then recurred to the passage of the Bill.
Rep. PITTS spoke in favor of the Bill.
Rep. HART spoke against the Bill.
Rep. BINGHAM asked unanimous consent to amend the Bill on third reading, which was agreed to.
Reps. MERRILL and QUINN proposed the following Amendment No. 7 to S. 308 (COUNCIL\NBD\308C002.NBD.AC13), which was adopted:
Amend the bill, as and if amended, Section 16-23-465(A), page 1, by deleting lines 35 and 36 and inserting:
/ two thousand dollars or imprisoned not more than three two years, or both. /
Amend the bill further, Section 23-31-215(M), page 9, by deleting item (10) on lines 1 -6 and inserting:
/(10)(a) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, may only be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection. /
Amend the bill further, Section 23-31-215, page 9, by deleting lines 7-11 and inserting:
/ Except as provided for in item (10), a person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years. /
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon Burns Chumley Clyburn Cole H. A. Crawford K. R. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Goldfinch Hamilton Hardee Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Horne Hosey Huggins Kennedy Limehouse Loftis Long Lowe Lucas McCoy McEachern W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Owens Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Rutherford Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells White Whitmire Williams Willis Wood
Those who voted in the negative are:
Alexander Anderson R. L. Brown Cobb-Hunter Gilliard Hart Hodges Jefferson Mitchell Parks Robinson-Simpson Sabb Southard
The Bill was read the third time and ordered returned to the Senate with amendments.
Rep. PITTS moved to reconsider the vote whereby the following Bill was read third time and returned to the Senate with amendments:
S. 308 (Word version) -- Senators Bennett, Shealy, Grooms, Hembree, L. Martin, Massey, Campbell, Turner, Thurmond, Bryant, Verdin, S. Martin, Davis, Bright, Corbin, Campsen, Fair and Cromer: A BILL TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.
Rep. PITTS moved to table the motion to reconsider, which was agreed to.
The following Bill were read the third time, passed, and having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 610 (Word version) -- Senators Rankin, Cleary, Hembree and McGill: A BILL TO AMEND SECTION 11-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT, SO AS TO CLARIFY THAT THE DEFINITION OF "ECONOMIC DEVELOPMENT PROJECT", INCLUDING A NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTER OWNED BY A PUBLIC ENTITY INCLUDES AN ADJACENT FACILITY ALLOWING SPECIFIC EVENTS THEREBY MAKING ADDITIONAL TIME AND SPACE AVAILABLE FOR THE MAJOR CONVENTIONS, TRADE SHOWS, AND SPECIAL EVENTS CONTEMPLATED BY THE ACT AND REQUIRE JOINT BOND REVIEW COMMITTEE REVIEW AND COMMENT ON SUCH AN ADJACENT FACILITY; AND TO AMEND SECTION 11-41-70, RELATING TO PURPOSES OF THE ISSUE OF BONDS PURSUANT TO THE STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT AND SPECIFIC REQUIREMENTS APPLICABLE TO A PUBLIC ENTITY RECEIVING BOND PROCEEDS, SO AS TO EXTEND FROM TEN TO FIFTEEN YEARS THE PERIOD IN WHICH A NATIONAL AND INTERNATIONAL CONVENTION AND TRADE SHOW CENTER MUST BE COMPLETED.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 484 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT FOR MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE REQUIREMENT THAT CERTAIN MEMBERS BE ELIGIBLE FOR, AND PROVIDE PROOF OF, SOCIAL SECURITY BENEFITS TO CONTINUE TO RECEIVE A DISABILITY BENEFIT.
S. 707 (Word version) -- Senator Lourie: A BILL TO PROVIDE FOR THE AUTHORITY OF THE CITY OF COLUMBIA TO APPOINT AND COMMISSION FIREFIGHTERS TO SERVE AS CERTIFIED LAW ENFORCEMENT OFFICERS WHO HAVE THE FULL POWERS AS CERTIFIED LAW ENFORCEMENT OFFICERS AND TO REQUIRE FIREFIGHTERS TO MEET CERTAIN QUALIFICATIONS TO BE COMMISSIONED AS A CERTIFIED LAW ENFORCEMENT OFFICER.
S. 584 (Word version) -- Senators Campsen and Rankin: A BILL TO AMEND CHAPTER 9, TITLE 50 OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-15 TO DEFINE "LICENSE SALES VENDOR" AND "LICENSE YEAR"; TO AMEND SECTION 50-9-20, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, TO PROVIDE FOR THE DURATION OF LICENSES FOR RECREATIONAL AND COMMERCIAL USE, AND PERMITS THE DEPARTMENT TO ISSUE A LICENSE THAT EXPIRES ON THE DAY BEFORE THE ANNIVERSARY OF ITS ISSUANCE; TO AMEND SECTION 50-9-30, RELATING TO RESIDENCY REQUIREMENTS FOR LICENSES, TO REVISE THE REQUIREMENTS; TO AMEND SECTION 50-9-350, RELATING TO APPRENTICE HUNTING LICENSES, TO PROVIDE THAT THE HOLDER OF AN APPRENTICE HUNTING LICENSE WHO OBTAINS A CERTIFICATE OF COMPLETION PRIOR TO THE EXPIRATION DATE OF HIS APPRENTICE HUNTING LICENSE WILL USE HIS APPRENTICE HUNTING LICENSE AS HIS STATEWIDE HUNTING LICENSE, PROVIDED THE LICENSEE MUST HAVE THE CERTIFICATE OF COMPLETION IN HIS POSSESSION WHILE HUNTING; TO AMEND SECTION 50-9-510, RELATING TO LICENSES FOR PURCHASE FOR THE PRIVILEGE OF HUNTING, TO REMOVE THE HUNTING LICENSE VALID ONLY IN A SINGLE COUNTY, TO REMOVE RESTRICTIONS ON THE THREE YEAR LICENSE PURCHASE, TO CLARIFY REQUIREMENTS FOR MIGRATORY WATERFOWL PERMITS, AND TO PROVIDE FOR THE RETAINED VENDOR FEE; TO AMEND SECTION 50-9-530, RELATING TO CATAWBA LICENSES, TO PROVIDE THERE IS NO COST TO A CATAWBA HUNTING AND FISHING LICENSEE FOR ANY OTHER TAGS REQUIRED BY LAW FOR RECREATIONAL HUNTING AND FISHING EXCEPT FOR THOSE DEPARTMENT HUNTING AND FISHING ACTIVITIES CONTROLLED BY LOTTERY; TO AMEND SECTION 50-9-540, RELATING TO RECREATIONAL LICENSES, TO PROVIDE THAT RESIDENTS AND NONRESIDENTS MUST PURCHASE ANY OTHER LICENSE THAT GRANTS FISHING PRIVILEGE, TO DELETE THE LAKES AND RESERVOIRS PERMIT, AND TO CHANGE THE TEMPORARY NONRESIDENT FISHING LICENSE FROM SEVEN TO FOURTEEN DAYS; TO AMEND SECTION 50-9-610, RELATING TO ADDITIONAL REQUIREMENTS FOR TAKING NONGAME FRESHWATER FISH, TO PROVIDE THAT TAGS MUST BE ATTACHED AS PRESCRIBED; TO AMEND SECTION 50-9-665, RELATING TO BEAR TAGS, TO PROVIDE FOR THE REQUIREMENT FOR BEAR TAGS; TO AMEND SECTION 50-9-920, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, TO MAKE CONFORMING CHANGES AND TO PROVIDE FOR LICENSE REVENUE DISTRIBUTION; TO AMEND SECTION 50-9-950, RELATING TO THE FISH AND WILDLIFE PROTECTION FUND, TO PROVIDE FUND ASSETS AND USES; TO AMEND SECTION 50-9-955, RELATING TO THE FISH AND WILDLIFE DEFERRED LICENSE FUND, TO PROVIDE FOR THE ANNUAL TRANSFER OF FUNDS; TO AMEND SECTION 50-9-960, RELATING TO THE MARINE RESOURCES FUND, TO PROVIDE FUND ASSETS AND USES; TO AMEND SECTION 50-9-965, RELATING TO THE MARINE RESOURCES DEFERRED LICENSE FUND, TO PROVIDE FOR THE ANNUAL TRANSFER OF FUNDS; AND TO REPEAL SECTION 50-15-65(E).
S. 463 (Word version) -- Senators Hayes and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-95 SO AS TO REQUIRE THAT A PERSON APPLYING TO THE DEPARTMENT OF INSURANCE FOR LICENSURE AS A PROFESSIONAL SURETY BONDSMAN OR RUNNER MUST PROVIDE HIS BUSINESS, MAILING, RESIDENTIAL, AND EMAIL ADDRESSES WITH THE APPLICATION, TO PROVIDE HE MUST NOTIFY THE DEPARTMENT OF A CHANGE OF ANY OF THESE ADDRESSES OR A LEGAL NAME CHANGE WITHIN THIRTY DAYS, AND TO PROVIDE A PENALTY FOR A VIOLATION; TO AMEND SECTION 38-43-107, AS AMENDED, RELATING TO THE REQUIREMENT THAT A PERSON APPLYING TO THE DEPARTMENT OF INSURANCE FOR LICENSURE AS AN INSURANCE PRODUCER MUST PROVIDE HIS BUSINESS, MAILING, AND RESIDENTIAL ADDRESSES WITH THE APPLICATION, SO AS TO PROVIDE HE ALSO MUST PROVIDE HIS EMAIL ADDRESS; TO AMEND SECTION 38-47-15, RELATING TO THE REQUIREMENT THAT A PERSON APPLYING TO THE DEPARTMENT OF INSURANCE FOR LICENSURE AS AN ADJUSTER MUST PROVIDE HIS BUSINESS, MAILING, AND RESIDENTIAL ADDRESSES WITH THE APPLICATION, SO AS TO PROVIDE HE ALSO MUST PROVIDE HIS EMAIL ADDRESS; TO AMEND SECTION 38-48-30, RELATING TO THE REQUIREMENT THAT A PERSON APPLYING TO THE DEPARTMENT OF INSURANCE FOR LICENSURE AS A PUBLIC ADJUSTER MUST PROVIDE HIS BUSINESS, MAILING, AND RESIDENTIAL ADDRESSES WITH THE APPLICATION, SO AS TO PROVIDE HE ALSO MUST PROVIDE HIS EMAIL ADDRESS; AND TO AMEND SECTION 38-49-25, RELATING TO THE REQUIREMENT THAT A PERSON APPLYING TO THE DEPARTMENT OF INSURANCE FOR LICENSURE AS A MOTOR VEHICLE PHYSICAL DAMAGE APPRAISER MUST PROVIDE HIS BUSINESS, MAILING, AND RESIDENTIAL ADDRESSES WITH THE APPLICATION, SO AS TO PROVIDE HE ALSO MUST PROVIDE HIS EMAIL ADDRESS.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3089 (Word version) -- Reps. Pope, Tallon, Hixon, Wells, McCoy and Daning: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLAR A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. TAYLOR moved that the House recur to the morning hour, which was agreed to.
Rep. DELLENEY moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted:
H. 4136 (Word version) -- Reps. Ballentine, Bannister, Rutherford, Stavrinakis and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1305 SO AS TO PROVIDE THAT A WHOLESALER OF ALCOHOLIC LIQUORS AND WINE MAY DONATE ALCOHOLIC LIQUORS AND WINE TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-6-2000, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED ALCOHOLIC LIQUOR AND WINE, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT; TO AMEND SECTION 61-4-735, RELATING TO REGULATION OF PRACTICES BETWEEN WINE MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS, SO AS TO PROVIDE THAT A WHOLESALER OF WINE MAY DONATE WINE TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-4-550, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED WINE, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF THE UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT; TO AMEND SECTION 61-4-940, AS AMENDED, RELATING TO PRACTICES BETWEEN MANUFACTURER, WHOLESALER, AND RETAILER OF BEER PRODUCTS, SO AS TO PROVIDE THAT A WHOLESALER OF BEER MAY DONATE BEER TO CERTAIN NONPROFIT ORGANIZATIONS AND TO A POLITICAL PARTY, ITS AFFILIATE, AND A CANDIDATE CAMPAIGN COMMITTEE LICENSED UNDER THE PROVISIONS OF SECTION 61-4-550, TO PROVIDE FOR THE ACCEPTANCE OF THE DONATED BEER PRODUCTS, AND TO PROVIDE FOR THE RETURN TO THE WHOLESALER OF THE UNCONSUMED PRODUCTS AT THE CONCLUSION OF THE EVENT.
Rep. DELLENEY moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted:
H. 3514 (Word version) -- Reps. Hamilton, Delleney, Taylor, Putnam and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-180 SO AS TO DEFINE NECESSARY TERMS, PROHIBIT THE OPERATION OF A PUBLIC UNMANNED AIRCRAFT SYSTEM AND THE DISCLOSURE OF PERSONAL INFORMATION ACQUIRED THROUGH THE OPERATION OF A PUBLIC UNMANNED AIRCRAFT SYSTEM, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE EXCEPTIONS.
The following Bill was taken up:
S. 481 (Word version) -- Senators Malloy, McGill, Leatherman, Setzler, Johnson and Ford: A BILL TO AMEND SECTION 12-21-2425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS LICENSE TAX EXEMPTION FOR A MOTORSPORTS ENTERTAINMENT COMPLEX, SO AS TO REQUIRE THE COMPLEX TO BE A NASCAR SANCTIONED SPEEDWAY THAT HOSTS AT LEAST ONE RACE EACH YEAR FEATURING THE PREEMINENT NASCAR CUP SERIES, INSTEAD OF REQUIRING THE SPEEDWAY TO HAVE AT LEAST SIXTY THOUSAND SEATS FOR RACE PATRONS.
Rep. SANDIFER moved to adjourn debate on the Bill until Thursday, June 6.
Rep. LUCAS moved to table the motion, which was agreed to.
The House Ways and Means Committee proposed the following Amendment No. 1 to S. 481 (COUNCIL\NL\481C001.NL.DG13), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-21-2425(B)(1) of the 1976 Code is amended to read:
"(1) has at least sixty thousand fixed seats for race patrons is a NASCAR sanctioned motor speedway or racetrack that hosted at least one NASCAR Sprint Cup Series race in 2012, and continues to host at least one NASCAR Sprint Cup Series race, or any successor race featuring the same NASCAR Cup series;"
SECTION 2. This act takes effect for tax years beginning after 2012. /
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Clyburn Cobb-Hunter Cole H. A. Crawford Delleney Douglas Edge Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Hart Hayes Henderson Herbkersman Hixon Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Lowe Lucas McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Ott Parks Patrick Pope Powers Norrell Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Williams Wood
Those who voted in the negative are:
Bedingfield Chumley Daning Hiott Merrill Norman Owens Putnam Sandifer Whitmire Willis
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. LUCAS moved to reconsider the vote whereby the following Bill was given second reading:
S. 481 (Word version) -- Senators Malloy, McGill, Leatherman, Setzler, Johnson and Ford: A BILL TO AMEND SECTION 12-21-2425, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS LICENSE TAX EXEMPTION FOR A MOTORSPORTS ENTERTAINMENT COMPLEX, SO AS TO REQUIRE THE COMPLEX TO BE A NASCAR SANCTIONED SPEEDWAY THAT HOSTS AT LEAST ONE RACE EACH YEAR FEATURING THE PREEMINENT NASCAR CUP SERIES, INSTEAD OF REQUIRING THE SPEEDWAY TO HAVE AT LEAST SIXTY THOUSAND SEATS FOR RACE PATRONS.
Rep. LUCAS moved to table the motion to reconsider, which was agreed to.
Rep. HERBKERSMAN moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted:
H. 3765 (Word version) -- Reps. Herbkersman, Knight, Hosey, Merrill, R. L. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-4310 SO AS TO CREATE THE CHARITABLE BINGO ADVISORY COMMITTEE, PROVIDE FOR ITS MEMBERSHIP AND PURPOSES, AND REQUIRE A DEPARTMENT OF REVENUE DESIGNEE AS LIAISON; BY ADDING SECTION 12-21-4320 SO AS TO PROVIDE FOR ESTABLISHMENT OF AN INFORMATIONAL CHARITABLE BINGO WEBSITE BY THE DEPARTMENT AND REQUIRING THE DEPARTMENT'S RESPONSE TO INQUIRIES AS PERMANENTLY ACCESSIBLE ADVISORY OPINIONS; BY ADDING SECTION 12-21-4330 SO AS TO PROVIDE FOR ALLOWABLE PROMOTIONAL EXPENSES; TO AMEND SECTION 12-21-3920, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE BINGO TAX ACT, SO AS TO INCLUDE SPECIFIC NAMED GAMES IN THE DEFINITION "BINGO", AND TO PROVIDE THAT THE DEFINITION OF A "CARD" INCLUDES AN INSTANT BINGO TICKET; TO AMEND SECTIONS 12-21-3940 AND 12-21-3950, BOTH AS AMENDED, RELATING TO APPLICATIONS FOR LICENSING BY NONPROFIT ORGANIZATIONS AND PROMOTERS, RESPECTIVELY, SO AS TO PROVIDE FOR AN INFORMAL APPEAL OF A REJECTION AS A FIRST STEP IN AN APPEAL; TO AMEND SECTION 12-21-3990, AS AMENDED, RELATING TO THE MANNER OF PLAYING BINGO, SO AS TO SPECIFY THE MANNER OF PLAYING BINGO WITH INSTANT BINGO TICKETS; TO AMEND SECTION 12-21-4000, AS AMENDED, RELATING TO PROCEDURES FOR OPERATING A BINGO GAME, SO AS TO FURTHER PROVIDE FOR THE APPLICABILITY OF BINGO PROCEDURES FOR BINGO PLAYED WITH INSTANT BINGO TICKETS, TO INCREASE THE ALLOWABLE EXPENSE FOR PROMOTIONS FROM ONE HUNDRED DOLLARS TO TWO HUNDRED FIFTY DOLLARS FOR EACH SESSION, AND TO SPECIFY THE INTENT OF THIS SECTION; TO AMEND SECTION 12-21-4007, RELATING TO SITE SELECTION AND ELECTRONIC DABBER SPECIFICATIONS, SO AS TO INCREASE FROM ONE TO TWO UNITS FOR THE USE OF AN ELECTRONIC DABBER BY A PLAYER; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO CLASSES OF BINGO LICENSEES, SO AS TO PROVIDE FOR OPERATIONAL HOURS; TO AMEND SECTION 12-21-4120, AS AMENDED, RELATING TO A CLARIFICATION FROM THE DEPARTMENT AS TO PLAY OR OPERATION OF A GAME, SO AS TO FURTHER PROVIDE FOR A BINGO ADVISORY OPINION; TO AMEND SECTION 12-21-4190, AS AMENDED, RELATING TO BINGO CARD CHANGES AND DISTRIBUTION OF REVENUES, SO AS TO PROVIDE FOR A FIVE PERCENT PRIZE FEE FOR CERTAIN TYPES OF BINGO WHICH MUST BE COLLECTED BY THE PROMOTER AND REMITTED TO THE DEPARTMENT OF REVENUE AND TO PROVIDE HOW THE PRIZE FEE EFFECTS PRIZE LIMITS; AND TO AMEND SECTION 12-21-4240, RELATING TO LICENSES TO MANUFACTURE, DISTRIBUTE, OR USE BINGO CARDS, SO AS TO INCLUDE ITEMS OTHER THAN BINGO CARDS TO WHICH THIS SECTION APPLIES.
The following Bill was taken up:
H. 4258 (Word version) -- Reps. Skelton and Hiott: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD TO SEVEN SEATS, TO PROVIDE FOR THE ADDITION OF AN AT-LARGE SEAT, TO PROVIDE FOR THE ELECTION OF THE AT-LARGE MEMBER, AND TO PROVIDE FOR THE FILLING OF A VACANCY OF THE AT-LARGE SEAT BY SPECIAL ELECTION.
Rep. SKELTON moved to continue the Bill, which was agreed to.
Rep. GOLDFINCH moved to adjourn debate upon the following Bill until Thursday, June 6, which was adopted:
H. 4259 (Word version) -- Reps. Goldfinch and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.
The following Bill was taken up:
S. 151 (Word version) -- Senators Grooms and Campbell: A BILL TO AMEND SECTION 56-1-2080 OF THE 1976 CODE, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER'S LICENSE, TO ESTABLISH THE INTRASTATE VISION WAIVER PROGRAM, TO PROVIDE THAT CERTAIN VISUALLY IMPAIRED INDIVIDUALS MAY OBTAIN A WAIVER FROM THE SIGHT REQUIREMENTS ASSOCIATED WITH A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE FOR THE WAIVER'S ELIGIBILITY REQUIREMENTS FOR THE WAIVER, THE CIRCUMSTANCES UNDER WHICH A WAIVER MAY GRANTED, AND THE PROCEDURES FOR OBTAINING A WAIVER.
Rep. DANING explained the Bill.
Reps. HIOTT, OTT, MCEACHERN, THAYER, VICK, WILLIAMS, SOUTHARD, PUTNAM, GAGNON, MITCHELL, DOUGLAS, LONG, FORRESTER, ALLISON, WOOD, HOSEY, BRANNON, V. S. MOSS and NORMAN requested debate on the Bill.
The following Joint Resolution was taken up:
S. 732 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO REQUIREMENTS OF LICENSURE IN THE FIELD OF COSMETOLOGY (EDUCATIONAL REQUIREMENTS), DESIGNATED AS REGULATION DOCUMENT NUMBER 4336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SPIRES explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Nanney Neal Newton Norman Ott Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4284 (Word version) -- Reps. Weeks, G. M. Smith and J. E. Smith: A BILL TO AMEND SECTION 59-39-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF HIGH SCHOOL DIPLOMAS TO CERTAIN VETERANS OF THE UNITED STATES MILITARY, SO AS TO INCLUDE VETERANS OF THE ERA ENCOMPASSING THE KOREAN WAR AND VIETNAM WAR.
Rep. WEEKS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Harrell Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Ott Parks Patrick Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Sabb Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Williams Willis Wood
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
I was temporarily out of the Chamber on constituent business during the vote on H. 4284. If I had been present, I would have voted in favor of the Bill.
Rep. William R. Whitmire
The following Bill was taken up:
H. 3147 (Word version) -- Reps. Pope, Tallon, Southard, V. S. Moss and Huggins: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO MODIFY THE REQUIREMENTS OF AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO ADD MENTAL ILLNESS TO RELATED CONDITIONS THAT ARE NOT COMPENSABLE IF RESULTING FROM AN EVENT INCIDENTAL TO NORMAL RELATIONS BETWEEN AN EMPLOYEE AND EMPLOYER.
The Committee on Judiciary proposed the following Amendment No. 1 to H. 3147 (COUNCIL\AGM\3147C003.AGM.AB13), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 42-1-60 of the 1976 Code, as last amended by Act 111 of 2007, is further amended to read:
"Section 42-1-60. (A) 'Injury' and 'personal injury' mean only injury by accident arising out of and in the course of employment and shall not include a disease in any form, except when it results naturally and unavoidably from the accident and except such diseases as are compensable under the provisions of Chapter 11 of this title. In construing this section, an accident arising out of and in the course of employment includes employment of an employee of a municipality outside the corporate limits of the municipality when the employment was ordered by a duly authorized employee of the municipality.
(B) Stress, mental injuries, and mental illness arising out of and in the course of employment unaccompanied by physical injury and resulting in mental illness or injury are not considered a personal injury unless the employee establishes, by a preponderance of the evidence:
(1) that the employee's employment conditions causing the stress, mental injury, or mental illness were extraordinary and unusual in comparison to the normal conditions of the particular employment; and
(2) the medical causation between the stress, mental injury, or mental illness, and the stressful employment conditions by medical evidence.
(C) The provisions of subsection (B)(1) do not apply, however, if the employee is employed as a law enforcement officer and the impairment causing the stress, mental injury, or mental illness arises from the law enforcement officer's direct involvement in, or subjection to, the use of deadly force in the line of duty.
(CD) Stress, mental injuries, heart attacks, strokes, embolisms, or aneurisms arising out of and in the course of employment unaccompanied by physical injury are not considered compensable if they result from any event or series of events which are incidental to normal employer/employee relations including, but not limited to, personnel actions by the employer such as disciplinary actions, work evaluations, transfers, promotions, demotions, salary reviews, or terminations, except when these actions are taken in an extraordinary and unusual manner.
(DE) Stress, mental injuries, and mental illness alleged to have been aggravated by a work-related physical injury may not be found compensable unless the aggravation is:
(1) admitted by the employer/carrier;
(2) noted in a medical record of an authorized physician that, in the physician's opinion, the condition is at least in part causally-related or connected to the injury or accident, whether or not the physician refers the employee for treatment of the condition;
(3) found to be causally-related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist; or
(4) noted in a medical record or report of the employee's physician as causally-related or connected to the injury or accident.
(EF) In medically complex cases, an employee shall establish by medical evidence that the injury arose in the course of employment. For purposes of this subsection, 'medically complex cases' means sophisticated cases requiring highly scientific procedures or techniques for diagnosis or treatment excluding MRIs, CAT scans, x-rays, or other similar diagnostic techniques.
(FG) The word 'accident' as used in this title must not be construed to mean a series of events in employment, of a similar or like nature, occurring regularly, continuously, or at frequent intervals in the course of such employment, over extended periods of time. Any injury or disease attributable to such causes must be compensable only if culminating in a compensable repetitive trauma injury pursuant to Section 42-1-172 or an occupational disease pursuant to the provisions of Chapter 11 of this title.
(GH) As used in this section, 'medical evidence' means expert opinion or testimony stated to a reasonable degree of medical certainty, documents, records, or other material that is offered by a licensed health care provider." /
Renumber sections to conform.
Amend title to conform.
Rep. HORNE explained the amendment.
The amendment was then adopted.
Rep. POPE proposed the following Amendment No. 2 to H. 3147 (COUNCIL\MS\3147C001.MS.AHB13), which was adopted:
Amend the bill, as and if amended, page 3147-1, by deleting on line 26 / 42-1-60 / and inserting / 42-1-160 /
Renumber sections to conform.
Amend title to conform.
Rep. POPE explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill.
Rep. NORMAN raised the Point of Order that H. 3147 required a fiscal impact statement pursuant to SC Code Section 2-7-76(A) because the bill effected the expenditure of funds by counties and municipalities.
SPEAKER HARRELL overruled the Point of Order. The SPEAKER stated that Code Section 2-7-76(A) required a fiscal impact statement if one of four separate listed criteria were met by the Bill. SPEAKER HARRELL individually cited the four criteria that, if met, would require a fiscal impact statement for the Bill. The SPEAKER stated that none of the criteria were met. Therefore, the SPEAKER overruled the point of order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Reps. BEDINGFIELD, SABB and R. L. BROWN withdrew their requests for debate on the following Bill:
S. 8 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 47-3-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO TRAINED LAW ENFORCEMENT DOGS IN THE PERFORMANCE OF OFFICIAL DUTIES OR DOGS ACTING IN DEFENSE OF A PERSON; AND TO AMEND CHAPTER 23, TITLE 23 BY ADDING SECTION 23-23-140, RELATING TO PATROL CANINE TEAMS.
Rep. NEAL withdrew his request for debate on H. 3833 (Word version); however, other requests for debate remained on the Bill.
Rep. SABB moved that the House recur to the morning hour, which was agreed to.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. WILLIS, with unanimous consent:
H. 3033 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 132 TO CHAPTER 3 OF TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL LICENSE PLATES TO RECIPIENTS OF THE DISTINGUISHED FLYING CROSS.
Rep. WILLIS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Douglas Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Limehouse Loftis Long Lowe Lucas McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. PITTS, with unanimous consent:
H. 3962 (Word version) -- Reps. Pitts, Parks and Riley: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO ADD CERTAIN PRECINCTS AND TO DESIGNATE A MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Cole H. A. Crawford Crosby Daning Delleney Douglas Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Harrell Hayes Henderson Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. LOFTIS, with unanimous consent:
H. 3974 (Word version) -- Reps. Loftis, Brannon, Burns, Erickson, Bannister, Barfield, Hamilton, Harrell, Henderson, Hosey, Murphy, G. M. Smith, G. R. Smith and J. R. Smith: A BILL TO AMEND SECTION 12-54-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCLOSURE OF RECORDS AND RETURNS FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DISCLOSURE OF CERTAIN INFORMATION TO THE SECRETARY OF STATE ABOUT A TAXPAYER WHO FILED AN INITIAL OR FINAL CORPORATE RETURN; AND BY ADDING SECTION 12-58-165 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO EXPUNGE THE RECORDING OF A LIEN ONCE THE LIEN IS FULLY PAID AND SATISFIED.
Rep. LOFTIS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Chumley Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Ott Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Spires Stavrinakis Stringer Tallon Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. WHITE, with unanimous consent:
H. 3505 (Word version) -- Reps. Loftis, Bannister, Harrell, J. R. Smith, Brannon, Huggins, Kennedy, Ballentine, Cole, Hixon, McCoy, G. R. Smith, Hamilton, Tallon, Henderson, Forrester, Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 11 SO AS TO ENACT THE "HIGH GROWTH SMALL BUSINESS ACCESS TO CAPITAL ACT OF 2013" BY PROVIDING FOR STATE NONREFUNDABLE INCOME TAX CREDITS FOR QUALIFIED INVESTMENTS IN BUSINESSES MEETING CERTAIN CRITERIA AND PRIMARILY ENGAGED IN MANUFACTURING, PROCESSING, WAREHOUSING, WHOLESALING, SOFTWARE DEVELOPMENT, INFORMATION TECHNOLOGY SERVICES, RESEARCH AND DEVELOPMENT OR OTHER NONPROHIBITED SERVICES, TO ESTABLISH THE CRITERIA AND PROCEDURES FOR THE CREDIT, TO MAKE THE CREDIT TRANSFERABLE, AND TO PROVIDE FOR CERTAIN ADJUSTED NET CAPITAL GAIN AND LOSS COMPUTATIONS FOR INVESTOR TAXPAYERS WHO RECOGNIZE SUCH A GAIN OR LOSS ON THE SALE OF CREDIT ASSETS AS DEFINED IN THIS CHAPTER.
Rep. WHITE explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Bales Ballentine Barfield Bedingfield Bernstein Bowen Bowers Branham Brannon R. L. Brown Burns Clyburn Cole H. A. Crawford Crosby Daning Delleney Edge Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Limehouse Loftis Long Lowe Lucas McCoy M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Newton Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Vick Weeks Wells Whipper White Whitmire Willis Wood
Those who voted in the negative are:
Atwater Bingham Douglas Felder Knight McEachern Norman Ott Thayer Toole
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for immediate consideration, on the motion of Rep. ALLISON, with unanimous consent:
H. 3464 (Word version) -- Reps. Allison, Brannon, Erickson, Bedingfield, Taylor, Kennedy, Clyburn, Anderson, G. A. Brown, Clemmons, H. A. Crawford, Douglas, Forrester, Goldfinch, Hamilton, Hardwick, Hixon, Horne, Hosey, Nanney, Pope, Powers Norrell, G. R. Smith, J. R. Smith, Stringer, Wood, Felder, Cobb-Hunter and Gilliard: A BILL TO AMEND SECTION 63-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPEDITED RELATIVE PLACEMENTS OF CHILDREN AT THE PROBABLE CAUSE HEARING, SO AS TO ENCOURAGE PLACEMENT OF THE CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE UNDER CERTAIN CIRCUMSTANCES; TO SET FORTH CRITERIA FOR THE COURT TO CONSIDER WHEN DECIDING WHETHER TO PLACE A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING; AND TO PROVIDE THAT IF THE COURT PLACES A CHILD WITH A GRANDPARENT OR OTHER RELATIVE OF THE FIRST OR SECOND DEGREE AT THE PROBABLE CAUSE HEARING, THE INDIVIDUAL MUST BE ADDED AS A PARTY TO THE ACTION FOR THE DURATION OF THE CASE OR UNTIL FURTHER ORDER OF THE COURT.
Rep. ALLISON explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Bowers Branham Brannon R. L. Brown Burns Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Kennedy Knight Limehouse Loftis Long Lowe Lucas McCoy McEachern W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Ott Owens Parks Patrick Pitts Pope Powers Norrell Putnam Quinn Ridgeway Riley Rivers Rutherford Ryhal Sabb Sandifer Sellers Simrill Skelton G. M. Smith G. R. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. GOLDFINCH moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, June 6, which was agreed to:
H. 4259 (Word version) -- Reps. Goldfinch and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.
The following Bill was taken up:
H. 4259 (Word version) -- Reps. Goldfinch and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.
Rep. GOLDFINCH explained the Bill.
Rep. COBB-HUNTER requested debate on the Bill.
Rep. GOLDFINCH continued speaking.
Reps. HOWARD, NEAL, SABB, MITCHELL, GILLIARD and GOVAN requested debate on the Bill.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 3147 (Word version) -- Reps. Pope, Tallon, Southard, V. S. Moss and Huggins: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO MODIFY THE REQUIREMENTS OF AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO ADD MENTAL ILLNESS TO RELATED CONDITIONS THAT ARE NOT COMPENSABLE IF RESULTING FROM AN EVENT INCIDENTAL TO NORMAL RELATIONS BETWEEN AN EMPLOYEE AND EMPLOYER.
Rep. NORMAN spoke against the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.
Rep. HORNE moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill:
H. 3147 (Word version) -- Reps. Pope, Tallon, Southard, V. S. Moss and Huggins: A BILL TO AMEND SECTION 42-1-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" IN WORKERS' COMPENSATION, SO AS TO MODIFY THE REQUIREMENTS OF AN EMPLOYEE SEEKING WORKERS' COMPENSATION FOR PERSONAL INJURY CAUSED BY STRESS, MENTAL INJURY, OR MENTAL ILLNESS, AND TO ADD MENTAL ILLNESS TO RELATED CONDITIONS THAT ARE NOT COMPENSABLE IF RESULTING FROM AN EVENT INCIDENTAL TO NORMAL RELATIONS BETWEEN AN EMPLOYEE AND EMPLOYER.
Rep. DELLENEY spoke in favor of the Bill.
Reps. HIOTT, LOFTIS, TOOLE, G. R. SMITH, WELLS, HARDEE, SKELTON, FORRESTER, RYHAL, PITTS, HOSEY, KNIGHT, MCCOY, LONG, JEFFERSON, SOUTHARD, DANING and SANDIFER requested debate on the Bill.
The following Bill was taken up:
S. 8 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 47-3-110, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE LIABILITY OF AN OWNER OR KEEPER OF A DOG FOR A DOG ATTACK, TO PROVIDE THAT LIABILITY DOES NOT EXTEND TO TRAINED LAW ENFORCEMENT DOGS IN THE PERFORMANCE OF OFFICIAL DUTIES OR DOGS ACTING IN DEFENSE OF A PERSON; AND TO AMEND CHAPTER 23, TITLE 23 BY ADDING SECTION 23-23-140, RELATING TO PATROL CANINE TEAMS.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 8 (COUNCIL\NBD\8C001.NBD.AHB13), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/SECTION 1. Section 47-3-110 of the 1976 Code is amended to read:
"Section 47-3-110. (A) Whenever any If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner of the dog or other person having the dog in his the person's care or keeping, the dog owner of the dog or other person having the dog in his the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the dog owner of the dog or other person having the dog in his the person's care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any a duty imposed upon him the person by the laws of this State, by the ordinances of any a political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the property owner of the property or of any a lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.
(B) This section does not apply if, at the time the person is bitten or otherwise attacked:
(1) The person who was attacked provoked or harassed the dog and that provocation was the proximate cause of the attack; or
(2) the dog was working in a law enforcement capacity with a governmental agency and in the performance of the dog's official duties provided that:
(a) the dog's attack is in direct and complete compliance with the lawful command of a duly certified canine officer;
(b) the dog is trained and certified according to the standards adopted by the South Carolina Law Enforcement Training Council;
(c) the governmental agency has adopted a written policy on the necessary and appropriate use of dogs in the dog's official law enforcement duties;
(d) the actions of the dog's handler or dog do not violate the agency's written policy;
(e) the actions of the dog's handler or dog do not constitute excessive force; and
(f) the attack or bite does not occur on a third party bystander." /
Renumber sections to conform.
Amend title to conform.
Rep. HORNE explained the amendment.
The amendment was then adopted.
Rep. ATWATER proposed the following Amendment No. 2 to S. 8 (COUNCIL\SWB\8C001.SWB.CM13), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION __. Chapter 1, Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) A person shall not pierce or tattoo a companion animal unless the piercing or tattooing provides for the identification of the companion animal or the piercing or tattooing provides a medical benefit to the companion animal.
(B) A person violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
(C) Each violation of subsection (A) is deemed a separate offense.
(D) The provisions of this section do not apply to a person who is the owner or possessor of a companion animal that has any piercing or tattooing before the effective date of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. ATWATER explained the amendment.
Rep. HORNE raised the Point of Order that under Rule 9.3 Amendment No. 2 to S. 8 was out of order in that it was not germane to the Bill.
SPEAKER HARRELL sustained the Point of Order and stated that Amendment No. 2 was not germane and ruled the amendment out of order.
The question then recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Barfield Bedingfield Bernstein Bingham Bowen Branham R. L. Brown Burns Chumley Clemmons Clyburn Cobb-Hunter Cole H. A. Crawford Crosby Daning Delleney Douglas Edge Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hardwick Harrell Hayes Henderson Herbkersman Hiott Hixon Hodges Horne Hosey Huggins Jefferson Kennedy Knight Loftis Long Lowe Lucas McCoy McEachern M. S. McLeod W. J. McLeod Merrill D. C. Moss V. S. Moss Munnerlyn Murphy Neal Newton Norman Owens Parks Patrick Pitts Powers Norrell Putnam Quinn Ridgeway Riley Rivers Ryhal Sandifer Simrill Skelton G. M. Smith G. R. Smith J. E. Smith J. R. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Toole Vick Weeks Wells Whipper White Whitmire Williams Willis Wood
Those who voted in the negative are:
Brannon Robinson-Simpson Rutherford Sabb
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. WILLIAMS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3458 (Word version) -- Reps. Hosey, Clyburn and Sellers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 278 IN ALLENDALE COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 TO FEED LOT ROAD "LIEUTENANT WINSTON ROBINSON, JR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "LIEUTENANT WINSTON ROBINSON, JR. HIGHWAY".
H. 3482 (Word version) -- Reps. G. A. Brown, Clemmons, G. M. Smith and Weeks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF FOXWORTH MILL ROAD AND UNITED STATES HIGHWAY 15 IN SUMTER COUNTY "MOZINGO CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "MOZINGO CROSSROADS".
H. 3878 (Word version) -- Reps. Murphy, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Nanney, Neal, Newton, Norman, Ott, Owens, Parks, Patrick, Pitts, Pope, Powers Norrell, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO MEMORIALIZE THE FULL COMMITTEE OF THE INTERNATIONAL OLYMPIC COMMITTEE TO OPPOSE THE DECISION OF ITS EXECUTIVE BOARD AND REINSTATE WRESTLING AS A CORE SPORT OF THE SUMMER OLYMPIC GAMES.
H. 4006 (Word version) -- Rep. Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF INTERSTATE HIGHWAY 95 BETWEEN MILE MARKERS 165 AND 167 "SCHP LANCE CORPORAL JACOB HAM, JR. MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "SCHP LANCE CORPORAL JACOB HAM, JR. MEMORIAL HIGHWAY".
At 7:28 p.m. the House, in accordance with the motion of Rep. BERNSTEIN, adjourned in memory of Mrs. Lois Seals Entzminger of Columbia, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, October 25, 2013 at 3:22 P.M.