Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Deuteronomy 16:20: "Justice and only justice, you shall pursue, so that you may live."
Let us pray. God of justice and mercy, may our lives ever witness to what we say we believe. When we feel unjustly wronged, help us to trust in Your unfailing promises. Renew our spirit and show us a way forward. Bless these Representatives during these days of hard work. May wisdom and integrity prevail. Continue Your blessings upon our Nation, President, State, Governor, Speaker, staff, and all who 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 who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. FUNDERBURK moved that when the House adjourns, it adjourn in memory of Florence Savage LaRoche Blackwell of Camden, which was agreed to.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley Crosby Daning Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Huggins Jefferson Johnson King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight W. J. McLeod Merrill Mitchell Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Yow
I came in after the roll call and was present for the Session on Wednesday, March 11.
Carl Anderson Beth Bernstein Bill Chumley Heather Crawford Chris Hart Leon Howard Ralph Kennedy Mia S. McLeod Dennis Moss V. Stephen Moss Joseph Neal Mandy Powers Norrell Richard "Rick" Quinn Leola Robinson-Simpson Leon Stavrinakis William R. "Bill" Whitmire Mark Willis
The SPEAKER granted Rep. SOUTHARD a leave of absence for the day due to a prior commitment.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the day due to military duty.
The SPEAKER granted Rep. WILLIS a temporary leave of absence.
The SPEAKER granted Rep. STAVRINAKIS a temporary leave of absence.
Announcement was made that Dr. Christopher A. Yeakel of Columbia was the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of Part 1B.
H. 3701 -- 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, 2015, 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. COBB-HUNTER, PITTS, Toole and W. J. MCLeod proposed the following Amendment No. 28 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\005\STATE EMPLOYEE PAY STUDY GCH MP WM.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION, page 499, after line 4, by adding an appropriately numbered paragraph to read:
/ (DOA: Classification and Compensation System Study) (A) The Department of Administration, Human Resources Division shall issue an RFP to conduct an in-depth study of the state's classification and compensation system. The vendor must have experience with a state's compensation system. The study shall include, but not be limited to:
(1) Methods used to develop and determine position classifications;
(2) Methods used to set pay grade minimum, midpoint, and maximum;
(3) Appropriate market comparisons;
(4) Methods to minimize salary inequities within an agency and within state government;
(5) Methods of developing and sustaining a consistent long-term salary increase administrative policy for state government;
(6) Recruitment and retention tools;
(7) A process to address longevity pay deficits that currently exist; and
(8) A state compensation philosophy statement.
The study should also include interviews with agency heads and human resource staff from state agencies of various sizes.
The cost of the study shall not exceed $300,000.
The findings of the study along with an implementation plan outlining the steps, sequences, and costs for implementing study recommendations and findings shall be submitted by January 4, 2016 to the Classification and Compensation System Study Committee as defined herein.
(B) There is created the Classification and Compensation System Study Committee which shall examine the findings and recommendations submitted by the Department of Administration,
Human Resources Division on the state's classification and compensation system.
The committee shall be composed of eleven members, which shall be appointed as follows: two members appointed by the Governor; two members appointed by the President Pro Temporary of the Senate; two members appointed by the Speaker of the House of Representatives; two members appointed by the Chairman of the Senate Finance Committee; two members appointed by the Chairman of the House Ways and Means Committee; and one member appointed by the S.C. State Employees Association. The members shall elect a chairman at the first meeting of the committee.
No later than six months after the date from which a vendor contract has been signed, the committee shall prepare and deliver a report and recommendation to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
Staff for the committee shall be provided by the Senate Finance Committee and the House Ways and Means Committee. Members of the study committee shall serve without compensation for per diem, mileage, and subsistence. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
The SPEAKER granted Rep. HAYES a temporary leave of absence to attend the Public Utilities Review Committee hearing.
Rep. PITTS spoke in favor of the amendment.
Rep. PITTS spoke in favor of the amendment.
Rep. G. R. SMITH spoke upon the amendment.
Rep. TOOLE spoke in favor of the amendment.
Rep. CLYBURN spoke in favor of the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. NORMAN 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:
Bradley Brannon Felder Hill Merrill Norman Putnam
Those who voted in the negative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers G. A. Brown R. L. Brown Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Duckworth Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardwick Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Horne Hosey Huggins Jefferson King Kirby Knight Loftis Long Lowe Lucas Mack McCoy McEachern McKnight W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Newton Ott Parks Pitts Pope Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Tallon Taylor Thayer Tinkler Toole Weeks Wells White Whitmire Willis Yow
So, the House refused to table the amendment.
The question then recurred to the adoption of 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 Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers G. A. Brown R. L. Brown Clary Clemmons Clyburn Cobb-Hunter Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Duckworth Erickson Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardwick Hayes Henegan Herbkersman Hiott Hixon Hodges Horne Hosey Jefferson Johnson Kennedy Kirby Knight Loftis Long Lowe Lucas Mack McCoy McEachern McKnight W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Ott Parks Pitts Pope Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Sandifer G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Allison Bradley Brannon Cole Felder Hicks Hill Huggins Merrill Norman Putnam Simrill
So, the amendment was adopted.
Reps. HIXON, H. A. CRAWFORD, NEAL, CORLEY, MERRILL, KIRBY, HAYES, JEFFERSON, WEEKS, OTT, KNIGHT, COBB-HUNTER, JOHNSON, CLYBURN, HOSEY, McKNIGHT, BAMBERG, RIDGEWAY, CROSBY, HARDEE, GEORGE, RIVERS, TAYLOR, WELLS, WHIPPER and YOW proposed the following Amendment No. 92 (Doc Name h:\legwork\house\amend\h-wm\010\ice storm pax relief.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION, page 499, after line 4, by adding an appropriately numbered paragraph to read:
/(DOA: Winter Storm Pax Relief) Of the funds authorized and/or appropriated to the Department of Administration in Fiscal Year 2015-16, the Department shall make a minimum of $10,000,000 available in relief funding for those counties and municipalities impacted by Winter Storm Pax of 2014. Counties may only receive funding proportional to expenditures for associated repairs and debris clean-up within that county, and the amount of expenditures for which the county did not receive any reimbursements from FEMA. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HIXON explained the amendment.
Rep. HIXON spoke in favor of the amendment.
Rep. BOWERS spoke in favor of the amendment.
Rep. MCKNIGHT spoke in favor of the amendment.
Rep. G. M. SMITH spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HERBKERSMAN proposed the following Amendment No. 180 (Doc Name h:\legwork\house\amend\h-wm\001\amend class & comp.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION, page 499, line 4, by amending previously adopted amendment 28sub2, document h-wm\005\state employee pay study gch mp wm.docx by amending further, page 2, after item (8), by inserting:
/(9) an analysis of unnecessary, underutilized, and duplicative positions in order to use that pay to increase salaries of existing employees. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HERBKERSMAN explained the amendment.
The amendment was then adopted.
Rep. G. R. SMITH proposed the following Amendment No. 184 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\004\AMEND C&C GS2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION, page 499, line 4, by amending previously adopted amendment 28sub2, document h-wm\005\state employee pay study gch mp wm.docx by amending further, page 2, after item (8), by inserting an appropriately numbered item to read:
/( ) an analysis of merit-based compensation for employees. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. BINGHAM proposed the following Amendment No. 56 (Doc Name h:\legwork\house\amend\h-wm\005\93.17 doa reinsert from etv.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION page 494, paragraph 93.17, line 9-21, by Re-inserting: / 93.17 (DOA: Wireless Communications Tower) The Department of Administration is directed to coordinate tower and antenna operations within South Carolina state government. The department shall (1) approve all leases regarding antenna placement on state owned towers and buildings, (2) coordinate all new tower construction on state owned property, (3) promote and market excess capacity on the State's wireless communications infrastructure, (4) generate revenue by leasing, licensing, or selling excess capacity on the State's wireless communications infrastructure, and (5) construct new communications assets on appropriate state owned property for the purpose of generating revenue pursuant to this proviso. All revenue from tower and antenna leases and contracts after July 1, 2001 must be remitted to a separate fund established by the department and shall be transferred to the Educational Television Commission which shall retain and expend such funds for agency operations. The commission shall be authorized to carry forward unexpended funds from the prior fiscal year into the current fiscal year. Agencies owning tower and antenna assets will be allowed to recover expenses associated with implementing this proviso from this fund. The department shall annually report to the Chairmen of the Senate Finance and House Ways and Means Committees by October first of each year all revenue collected and disbursed. This report shall also include a summary of each agency's overall revenues, whether retained by the agency or remitted to the separate fund. /
Amend the bill further, as and if amended, Section 93, DEPARTMENT of ADMINISTRATION, page 495, paragraph 93.22, line 8-9, by Re-inserting: / 93.22. (DOA: Antenna and Tower Placement) All leases for antenna and tower operations within institutions of higher learning campuses must conform to master plans for such property, as determined solely by the institution of higher learning. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Horne Hosey Huggins Jefferson Johnson Kennedy King Kirby Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Ott Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Erickson
Section 93, as amended, was adopted.
Rep. BERNSTEIN moved that the House recede until 2:00 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Part 1B.
At 2:00 p.m. the House resumed, ACTING SPEAKER TAYLOR in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of of Part 1B.
H. 3701 -- 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, 2015, 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.
Rep. HAYES moved to adjourn debate on the Section, which was agreed to.
Rep. SIMRILL proposed the following Amendment No. 7 (Doc Name h:\legwork\house\amend\h-wm\003\identity and credit protection.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 518, after line 14, by adding an appropriately numbered paragraph to read:
/ (DOR: Carry Forward - Identity Theft and Protection Services) The funds appropriated in Act 298 of 2014, Section 1, Item (2) R44 Department of Revenue Identity and Credit Protection Services shall be carried from the prior fiscal year into the current fiscal year and used for the same purpose. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Rep. SIMRILL proposed the following Amendment No. 8 (Doc Name h:\legwork\house\amend\h-wm\001\angel investors.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 518, after line 14, by adding an appropriately numbered paragraph to read:
/(DOR: Angel Investors) The Department of Revenue shall use funds authorized by this act to establish a schedule for investors pursuing credits provided for in Chapter 44 of Title 11, of the 1976 Code, that includes the ability to submit applications until July 31, 2015, or the date the credit cap is reached as determined by the department, whichever is earlier. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bedingfield Bingham Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clyburn Cobb-Hunter Corley H. A. Crawford Crosby Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Govan Hamilton Hardee Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson King Kirby Limehouse Loftis Long Lowe McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Neal Norman Norrell Ott Parks Pitts Putnam Ridgeway Riley Rivers Robinson-Simpson Ryhal Sandifer Simrill G. R. Smith Sottile Spires Stringer Tallon Taylor Thayer Tinkler Toole Wells White Whitmire Willis Yow
Those who voted in the negative are:
Section 109, as amended, was adopted.
Rep. WHITE proposed the following Amendment No. 127 (Doc Name h:\legwork\house\amend\h-wm\001\debt svc pay down.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 112, DEBT SERVICE, page 518, paragraph 112.1, lines 32 - 33, by striking the proviso in its entirety and inserting:
/ 112.1. (DS: Excess Debt Service Funds Carry Forward) Excess Debt Service funds from Fiscal Year 2013-14 2014-15 may must be carried forward and expended for debt service purposes in Fiscal Year 2014-15 2015-16 to pay down bond debt for which the state is paying the highest rate of interest. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Huggins Jefferson Johnson Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Neal Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Section 112, as amended, was adopted.
The SPEAKER PRO TEMPORE granted Rep. G. A. BROWN a leave of absence for the remainder of the day to attend a funeral.
Rep. KING proposed the following Amendment No. 27 to (Doc Name COUNCIL\BBM\3701C005.BBM.DG15.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 113, AID TO SUBDIVSIONS, STATE TREASURER, page 519, by striking paragraph 113.4 and inserting:
/ 113.4. (AS-TREAS: Legislative Delegations) In the current fiscal year, upon the request by a member of the county legislative delegation, a county government must fund its legislative delegation budget pursuant to Section 3, Act No. 283 of 1975. If a county council does not meet that funding level, the amount of the shortfall must be deducted from the responsible county's Aid to Subdivisions allocation and forwarded to the legislation delegation of the county. Additionally, the responsible county's remaining Aid to Subdivisions allotment must be reduced by twenty-five percent of the shortfall amount, which sum must be forwarded to the legislative delegation to be used for its administrative costs. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KING explained the amendment.
Rep. KING spoke in favor of the amendment.
Rep. NORMAN spoke against the amendment and moved to table the amendment.
Rep. KING demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bedingfield Bingham Bradley Brannon Burns Chumley Clary Cole Corley Crosby Delleney Duckworth Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Henderson Hicks Hill Hiott Hixon Huggins Johnson Limehouse Loftis Long Lowe McCoy McKnight Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Putnam Quinn Robinson-Simpson Ryhal G. M. Smith G. R. Smith Sottile Stringer Tallon Taylor Thayer Toole Wells White Whitmire
Those who voted in the negative are:
Alexander Anderson Anthony Bamberg Bernstein R. L. Brown Clemmons Clyburn Cobb-Hunter Collins H. A. Crawford Dillard Douglas Funderburk George Gilliard Govan Hayes Henegan Hodges Hosey Howard Jefferson Kennedy King Kirby Knight Mack McEachern M. S. McLeod Mitchell Neal Norrell Ott Parks Ridgeway Riley Rutherford Spires Stavrinakis Tinkler Weeks Whipper
So, the amendment was tabled.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bedingfield Bernstein Bingham Bowers Bradley Brannon R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stringer Tallon Taylor Thayer Tinkler Toole Wells White Whitmire Willis Yow
Those who voted in the negative are:
Section 113 was adopted.
Rep. FELDER proposed the following Amendment No. 91 (Doc Name h:\legwork\house\amend\h-wm\010\impact fee exemptions. docx), which was rejected:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 550, paragraph 117.102, line 24, after "schools" by inserting:
/,or the construction of new buildings and facilities owned and used by nonprofit entities including, but not limited to, churches or other religious institutions that are recognized as 501(c)(3) organizations by the Department of Revenue/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. FELDER explained the amendment.
The amendment was rejected.
Rep. MERRILL proposed the following Amendment No. 82 (Doc Name h:\legwork\house\amend\h-wm\004\spa property.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 554, paragraph 117.111, line 6, by striking /2015/ and inserting /2016/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MERRILL explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER, W. J. MCLEOD and MITCHELL proposed the following Amendment No. 85 (Doc Name h:\legwork\house\amend\h-wm\005\state employee compensation proviso 5%.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 558, paragraph 117.125, lines 31 and 34, page 559, lines 2, 3, 5, 8, 10 and 12 by striking /zero/ and inserting /five/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, W. J. MCLEOD and MITCHELL proposed the following Amendment No. 86 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\005\STATE EMPLOYEE COMPENSATION PROVISO 3%.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 558, paragraph 117.125, lines 31 and 34, page 559, lines 2, 3, 5, 8, 10 and 12 by striking /zero/ and inserting /three/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. ATWATER 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:
Atwater Bannister Bedingfield Bingham Bradley Burns Chumley Clemmons Cole Collins Corley Crosby Delleney Duckworth Erickson Felder Finlay Forrester Gagnon Goldfinch Hamilton Hardwick Henderson Hill Hiott Huggins Johnson Kennedy Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Pitts Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Taylor Thayer Toole White Willis
Those who voted in the negative are:
Alexander Allison Anderson Anthony Bales Ballentine Bamberg Bernstein Bowers Brannon R. L. Brown Clary Clyburn Cobb-Hunter Dillard Douglas Funderburk George Gilliard Govan Hardee Hayes Henegan Hicks Hixon Hodges Horne Hosey Howard Jefferson King Kirby Knight Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Neal Norrell Ott Parks Pope Ridgeway Robinson-Simpson Rutherford J. E. Smith Stavrinakis Tallon Tinkler Weeks Wells Whipper Yow
So, the amendment was tabled.
Rep. HILL proposed the following Amendment No. 13 to (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\006\SBDC2.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, after line 20, by adding an appropriately numbered paragraph to read:
/ (GP: ) Key performance and return on investment indicators reported by the Small Business Development Program must be pro-rated based on the impact of the services provided directly by the program. Indicators pertaining to jobs retained must be reported separately from indicators pertaining to jobs created. The total General Fund appropriations for the Small Business Development Center Program shall not exceed $800,000 for the current fiscal year. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HILL explained the amendment.
Rep. HILL spoke in favor of the amendment.
Rep. FORRESTER spoke against the amendment.
Rep. W. J. MCLEOD moved to table the amendment, which was agreed to.
Reps. KING, M. S. MCLEOD, HART and HENEGAN proposed the following Amendment No. 157 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\008\SICKLE CELL DISEASE STUDY COMMITTEE X2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, after line 20, by adding an appropriately numbered paragraph to read:
//(GP: Sickle Cell Disease Study Committee), which was adopted: Of the funds authorized and appropriated to the Department of Health and Environmental Control, a Sickle Cell Disease Study Committee shall be created and charged with better serving adults with sickle cell disease (SCD), health care providers, and the public about State care and treatment. The committee is to examine existing services and resources available to children with the disease as well as adults with the disease. Additionally, the committee is to establish partnerships with institutions, and communities, a statewide network of service providers for adults with the disease; a comprehensive education and treatment program for adults, as well as establish standardized treatment and emergency room protocols.
Membership of the committee shall be comprised of thirteen members as follows:
1) one researcher or physician from the Medical University of South Carolina specializing in hematology;
2) one researcher or physician from the Children's Hospital Sickle Cell Clinic at the Medical University of South Carolina;
3) one citizen with Sickle Cell Disease;
4) one parent or caregiver of an individual with Sickle Cell Disease;
5) the Executive Director of the SC Hospital Association or their designee;
6) the President of the South Carolina Medical Association or their designee;
7) the Superintendent of Education or their designee;
8) the Director of the Department of Health and Environmental Control or their designee;
9) the Director of the Department of Health and Human Services or their designee;
10) two members of the House of Representatives appointed by the Speaker of the House, one of whom the Speaker shall designate as a co-chair of the study committee; and
11) two members of the Senate appointed by the President Pro Tempore of the Senate, one of whom the President Pro Tempore shall designate as a co-chair of the study committee.
The study committee also may invite representatives of nonprofit entities with expertise regarding Sickle Cell Disease to participate in the study committee process.
The House of Representatives Medical, Military and Municipal Affairs Committee and the Senate Medical Affairs Committee shall designate staff to assist the study committee.
The study committee shall provide a report with findings and recommendations to the General Assembly and the Governor by June 30, 2016, at which time the study committee shall dissolve. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KING explained the amendment.
The amendment was then adopted.
Reps. COBB-HUNTER and MITCHELL proposed the following Amendment No. 159 (Doc Name COUNCIL\DKA\3701C002. DKA.AHB15.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, after line 20, by adding an appropriately numbered paragraph to read:
/ 117.__. (Minimum Wage) For the current fiscal year, an employer, including the State of South Carolina and its political subdivisions, shall pay to an employee who performs any work wages of at least ten dollars and ten cents per hour or the minimum wage provided in Section 6 of the Fair Labor Standards Act of 1938, 29 U.S.C. 206, whichever is greater.
A political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate that exceeds the minimum wage rate set forth in Section 41-10-35. Also, a political subdivision of this State may not establish, mandate, or otherwise require a minimum wage rate related to employee wages that are exempt under 29 U.S.C. 201 et seq., the Fair Labor Standards Act of 1938. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. ATWATER raised the Point of Order that under Rule 5.3B Amendment No. 159 was out of order in that it was non germane to the Bill.
Rep. COBB-HUNTER spoke to the Point.
The SPEAKER PRO TEMPORE overruled the Point of Order and stated that Amendment No. 159 was germane in that the amendment was a regulation, directive, or procedure relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the Bill. The Speaker stated that the amendment to Part 1A was not required to refer to a line item in Part 1A. He overruled the Point of Order and stated that Amendment No. 159 was germane.
Rep. NEAL spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. ATWATER 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:
Allison Atwater Ballentine Bannister Bedingfield Bingham Bradley Brannon Burns Clary Clemmons Cole Collins Corley H. A. Crawford Crosby Delleney Duckworth Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Henderson Herbkersman Hicks Hill Hiott Hixon Horne Huggins Johnson Kennedy Limehouse Loftis Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Norman Pope Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Tallon Taylor Thayer Wells White Whitmire Willis Yow
Those who voted in the negative are:
Alexander Anderson Bamberg Bernstein Bowers R. L. Brown Clyburn Cobb-Hunter Dillard Douglas Gilliard Govan Hart Henegan Hodges Hosey Howard Jefferson King Kirby Knight Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Neal Ott Parks Ridgeway Robinson-Simpson Rutherford J. E. Smith Tinkler Weeks Whipper
So, the amendment was tabled.
I was temporarily out of the Chamber on constituent business during the vote on Amendment No. 159, in Section No. 117 of Part IB of H. 3701, the General Appropriation Bill. If I had been present, I would have voted against the adoption of the Amendment.
Rep. William M. Chumley
Rep. WHITE proposed the following Amendment No. 169 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\WORKFORCE PLANV2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, after line 20, by adding an appropriately numbered paragraph to read:
/(GP: Comprehensive Workforce Development Coordination Initiative) Of the funds appropriated and authorized in this Act, including but not limited to K-12 initiatives, Pathways to Workplace Infrastructure Development, and the Workforce Scholarships and Grants Program, the State Board for Technical and Comprehensive Education, the Department of Education, the Department of Employment and Workforce, and the Department of Commerce shall develop and implement a comprehensive workforce development coordination initiative in order to improve employment outcomes and address critical workforce development needs statewide.
(A) The State Board for Technical and Comprehensive Education and the Department of Education shall develop and implement a statewide Career Pathways for Success program to facilitate a seamless transition from education to employment in industries with critical workforce shortages. Allocated funds shall be used to provide the necessary infrastructure, including vocational equipment, facilities, instructional materials, transportation and tuition grants.
(1) Fifty percent of the funds utilized for the Career Pathways for Success program must be directed to school districts currently lacking adequate career development and workforce readiness programs with priority given to school districts with a poverty index of seventy-five percent or greater.
(2) Fifty percent of funds utilized for the Career Pathways for Success program must be used to establish programs in all regions of South Carolina that will confer the necessary skills and training to prepare students for careers in high-demand fields and critical need positions in businesses and industries experiencing difficulty recruiting and retaining qualified applicants.
(B) The State Board for Technical and Comprehensive Education shall coordinate with the Department of Commerce, Department of Employment and Workforce, and the Department of Education to develop and implement a program to provide subsidized career training and certification and job placement assistance to adults pursuing careers in high-demand jobs in critical need industries throughout the state.
(1) The State Board for Technical and Comprehensive Education shall establish a Workforce Scholarships and Grants program for eligible individuals to be used for tuition and education-related expenses for career training and certification programs. The State Board shall develop and maintain eligibility criteria for this scholarship. Funds may be used to provide opportunities through existing programs such as readySC and Apprenticeship Carolina.
(2) The Department of Employment and Workforce shall coordinate with the State Board for Technical and Comprehensive Education to identify and refer eligible individuals to the training programs and scholarship opportunities established above. The Department of Employment and Workforce shall also coordinate with the Department of Commerce and the State Board to develop and implement a plan to facilitate the job placement of eligible individuals who have completed the necessary training and certification to ensure that qualified individuals are matched with available employment opportunities in high demand jobs throughout the state.
(C) The State Board for Technical and Comprehensive Education must prepare an annual report on the workforce development initiative to be completed no later than February 1, 2016, which must be published on each agency's website and submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee. The report must include, at minimum, an analysis of program accountability measures and key performance indicators. /
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Rep. WHITE explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE and MERRILL proposed the following Amendment No. 185 (Doc Name h:\legwork\house\amend\h-wm\001\bd of regents and transfers.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 559, after line 20, by adding an appropriately numbered paragraph to read:
/ (GP: Board of Regents) (A) In the current fiscal year, there is created the 'South Carolina College and University Board of Regents', which is known as the 'State Board of Regents', In order to foster the development of a coordinated system of higher education, to improve the quality of education, to extend its benefits, and to encourage an economical use of the state's resources. In the current fiscal year, the South Carolina system of higher education is redefined in accordance with the provisions of this paragraph.
(B) As used in this paragraph, unless the context clearly requires otherwise:
(1) 'Board' means the South Carolina College and University Board of Regents.
(2) 'Board of Trustees' means the board of trustees or governing board or commission of a constituent institution.
(3) 'Constituent institution' or 'institution' means any state-supported, public, post-secondary institutions of higher learning, excluding technical and comprehensive educational institutions.
(C) The South Carolina College and University Board of Regents', which is known as the 'State Board of Regents' and which is a body corporate and politic and which by that name has the power to:
(1) have perpetual succession;
(2) sue and be sued in the corporate name;
(3) have a common seal and to alter it at pleasure;
(4) make contracts and to have, to hold, to purchase, and to lease real estate and personal property for corporate purposes, and to sell and dispose of personal property and buildings that are considered by it as surplus property or not further needed and buildings that it may need to dispose of for the purpose of making room for other construction. However, the board does not have the power to sell or otherwise dispose of real estate, other than buildings, except with the consent of the General Assembly;
(5) elect from its membership a chairman, vice chairman, and secretary of the board to serve until their successors have been elected and qualify;
(6) take, demand, receive, and possess monies, goods, and chattels that may be given for the use of a constituent institution and to apply the same according to the will of the donors;
(7) receive, possess, enjoy, and retain forever by gift, purchase, or devise real and personal estate and funds of any kind, nature, or quality in special trust and confidence that the same, or the profits from them, must be applied to and for the use and purpose of establishing and endowing the constituent institutions;
(8) do all things which usually are done by bodies corporate and politic or anything necessary for the promotion of learning and virtue.
(D)(1) The Board of Regents is composed of fifteen members. Two members must be elected by the General Assembly from each congressional district with no two members from a congressional district being from the same county. These members must be elected for terms prescribed by the General Assembly. The election must be held at a time prescribed by the General Assembly.
One member must be appointed by the Governor. Vacancies in all seats must be filled by election or appointment in the same manner of original election or appointment for the remainder of the unexpired term.
(2) Neither a person elected or appointed to the board nor a member of his immediate family may be employed by or be a member of the governing body of a constituent institution for a period of five years immediately preceding his election or appointment to the Board of Regents.
(E) A member of the board must be chosen for his interest in, and his ability to contribute to the fulfillment of, the purposes of the board. Each member is charged with the responsibility of serving the best interests of the State. In selecting members, the objective must be to obtain the services of the best qualified citizens of the State, taking into consideration the need for representation on the board by the different races, sexes, and political parties.
(F) A member of the board shall receive mileage, subsistence, and per diem as is allowed for members of state boards, committees, and commissions.
(G) The board shall meet at stated times established by the board, but not less frequently than six times in the current fiscal year. A quorum for the conduct of business consists of a majority of the members.
(H) The board has the power to appoint from its membership committees which are clothed with any the board may confer which are consistent with law. No committee may reverse a decision concerning a policy taken by the board at a regular meeting.
(I) In performing its functions, duties, and responsibilities:
(1) The board shall plan and develop a coordinated system of higher education in South Carolina. The board shall govern the constituent institutions, subject to the powers, duties, and responsibilities granted in this paragraph to the boards of trustees of the institutions, and the board shall maintain close liaison with the constituent institutions, the State Board of Education, and other committees, boards, commissions, or agencies which serve the purpose of fostering education in South Carolina. The board, in consultation with representatives of the private colleges and universities of this State, shall prepare and revise a long-range plan for a coordinated system of higher education, supplying copies of the plan to the Governor, the members of the General Assembly, the members of the State Budget and Control Board, and the constituent institutions.
(2) The board is responsible for the general determination, control, supervision, management, and governance of all affairs of the constituent institutions. For this purpose, the board may adopt and promulgate policies and regulations it considers wise.
(3) The board shall determine the functions, educational activities, and academic programs of the constituent institutions. The board also shall determine the types of degrees to be awarded by the constituent institutions. The powers granted in this paragraph to the board are not restricted by any provision of law assigning specific functions, duties, or responsibilities to designated institutions, and the powers granted in this paragraph to the board are superior to the provision. After adequate notice and after giving the board of trustees or a governing body of a constituent institution an opportunity to be heard, the board is authorized to withdraw approval of an existing program if it appears that the program is unproductive, excessively costly, or unnecessarily duplicative.
(4) The board shall approve the establishment of a new publicly supported institution of higher education.
(5) The board shall set tuition and required fees at the institutions not inconsistent with any action of the General Assembly.
(6) The board shall set enrollment levels at the constituent institutions.
(7) The board shall develop, prepare, and present to the Governor, the General Assembly, and the State Fiscal Accountability Authority a budget for each constituent institution. In preparing this budget, the board shall consult specifically with the constituent institution involved.
(8) The board shall render advice and make recommendations concerning education to the Governor and General Assembly if requested by the Governor or the General Assembly.
(J) Property, rights, and privileges held by the boards of trustees or governing bodies of the constituent institutions as the property, rights, and privileges may exist on July first of the current fiscal year are transferred to and assumed by the board immediately. Property, real or personal or mixed, held on July first of the current fiscal year by a board of trustees of a constituent institution for the benefit of that institution must be kept separate and distinct from other properties held by the board, must continue to be held for the benefit of the institution that was previously the beneficiary, and must continue to be held subject to the provisions of the respective instruments, grants, or other means of process by which any property was acquired. Nothing contained in this paragraph increases or diminishes the income, other revenue, or specific property which is pledged or otherwise hypothecated for the security or liquidation of an obligation. The board shall assume the obligations without either enlarging or diminishing the rights of the holders of the obligations.
(K) Pursuant to this paragraph, each board of trustees or governing body of a constituent institution has the powers and duties to:
(1) promote the sound development of the institution within the functions prescribed for it, helping it to serve the State in a way that will complement the activities of the other constituent institutions and aiding it to perform at a high level of excellence in every area of endeavor;
(2) serve as advisor to the Board of Regents on matters pertaining to the institution;
(3) appoint a chairman of the board of trustees or governing body and other officers necessary to assist the members of the board of trustees or governing body in their duties;
(4) appoint, with the advice and consent of the Board of Regents, a college president, treasurer, and secretary and, with the advice and consent of the Board of Regents, to prescribe their duties and terms of office;
(5) make bylaws and regulations for the management of its institution's affairs and operations not inconsistent with policies of the Board of Regents or with any provision of law. Bylaws and regulations must be approved by the Board of Regents before becoming effective;
(6) confer degrees upon students and other persons who meet the standards set by the Board of Regents;
(7) perform other functions delegated to it by the Board of Regents, which functions may not be inconsistent with law;
(8) perform functions enumerated in the statutes governing the board of trustees' or governing body's existence, as long as the function has not been granted to the Board of Regents by this paragraph.
(L) To the extent that a regulation or other provision of law is inconsistent with this paragraph or confers powers on other bodies inconsistent with the powers conferred on the Board of Regents, the provisions of this paragraph prevail and apply.
(M) Persons who, as of July first of the current fiscal year, are serving as trustees or members of the governing body of constituent institutions, as defined in this paragraph, shall continue to serve as provided by the applicable provisions of law governing their institutions. Their successors must be elected in the manner and at the time prescribed by the provisions of law governing their institutions.
(N) On July first of the current fiscal year, the duties, powers, and responsibilities of the State Commission on Higher Education not inconsistent with the duties, powers, and responsibilities conferred upon the South Carolina College and University Board of Regents pursuant to this paragraph, are devolved upon the South Carolina College and University Board of Regents.
(O) For the current fiscal year, Sections 59-53-10 and 59-103-10 of the 1976 Code are suspended.
(P) The Department of Administration, Executive Budget Office is directed to facilitate the transfer of up to $100,000 from any balances remaining in the following H030 subfund accounts: 30350000 Operating Revenue; 33790000 IPP Note Proceeds; 39580000 Sale of Assets to the newly created South Carolina College and University Board of Regents within fifteen days of July 1, 2015. Upon the closing of the books on Fiscal Year 2014-15, all remaining assets, both physical and monetary shall be transferred from H030 to the State Board of Regents. The Executive Budget Office, in conjunction with the Office of Comptroller General, shall establish an operating budget for the State Board of Regents for Fiscal Year 2015-16 as soon as practicable. /
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Rep. LIMEHOUSE explained the amendment.
Rep. J. E. SMITH raised the Point of Order that under Rule 5.3B, Amendment No. 185 was out of order in that it was non germane to the Bill.
Rep. LIMEHOUSE spoke to the Point.
The SPEAKER PRO TEMPORE overruled the Point of Order and stated that Amendment No. 185 was germane. The SPEAKER PRO TEMPORE stated that the word "or" in Rule 5.3B concerning germaneness and temporary provisions of law had been historically interpreted to set a standard that the amendment must have the substantial effect of appropriating funds or relating to revenue or be a rule, regulation, directive, or procedure relative to the appropriations of funds or raising of revenue. He overruled the Point of Order, and stated that Amendment No. 185 was germane as it was a rule, regulation, directive, or procedure relative to the appropriation of funds.
Rep. LIMEHOUSE continued speaking.
Rep. J. E. SMITH moved to table the amendment.
Rep. MCCOY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bannister Bernstein Bingham Brannon R. L. Brown Clary Cole Collins Corley Delleney Felder Gagnon Govan Hamilton Hardee Henderson Henegan Hicks Hiott Hixon Hosey Howard Huggins Jefferson Johnson Kennedy Kirby Knight Lucas D. C. Moss V. S. Moss Nanney Neal Ott Pope Quinn Riley Rutherford Ryhal Sandifer Simrill J. E. Smith Spires Stringer Tallon Taylor Tinkler Weeks Wells Whipper Willis Yow
Those who voted in the negative are:
Bamberg Bedingfield Bradley Burns Chumley Clemmons Clyburn Cobb-Hunter H. A. Crawford Crosby Dillard Duckworth Erickson Finlay Forrester Funderburk Gambrell Gilliard Goldfinch Hardwick Hart Hayes Hill Hodges Horne King Limehouse Loftis Long Lowe Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell Murphy Newton Norman Norrell Parks Pitts Putnam Ridgeway Rivers Robinson-Simpson G. M. Smith G. R. Smith Sottile Stavrinakis Thayer White Whitmire
So, the amendment was tabled.
Reps. COBB-HUNTER, MITCHELL and W. J. MCLEOD proposed the following Amendment No. 87 (Doc Name H:\LEGWORK\HOUSE\ AMEND\H-WM\005\EMPLOYEE PAY RAISE 2%.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 558, paragraph 117.125, lines 31 and 34, page 559, lines 2, 3, 5, 8, 10 and 12 by striking /zero/ and inserting /two/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. WHITE 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:
Allison Bannister Bedingfield Bingham Bradley Burns Clemmons Corley H. A. Crawford Duckworth Erickson Felder Finlay Forrester Gagnon Gambrell Goldfinch Hamilton Hardee Hardwick Herbkersman Hill Hiott Huggins Johnson Kennedy Limehouse Long Lowe Lucas McCoy Merrill D. C. Moss V. S. Moss Murphy Nanney Newton Norman Pitts Pope Putnam Quinn Riley Rivers Ryhal Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stringer Taylor Thayer Wells White Whitmire Willis
Those who voted in the negative are:
Alexander Anderson Anthony Atwater Bales Ballentine Bamberg Bernstein Bowers Brannon R. L. Brown Clary Clyburn Cobb-Hunter Collins Crosby Dillard Douglas Funderburk George Gilliard Govan Hart Hayes Henegan Hicks Hodges Horne Hosey Howard Jefferson King Kirby Knight Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell Neal Norrell Ott Parks Ridgeway Robinson-Simpson Rutherford J. E. Smith Stavrinakis Tallon Tinkler Weeks Whipper
So, the amendment was tabled.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon R. L. Brown Burns Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Herbkersman Hicks Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Kennedy King Kirby Knight Limehouse Loftis Long Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Section 117, as amended, was adopted.
Rep. WHITE moved to adjourn debate on the Section, which was agreed to.
Rep. J. E. SMITH raised the Point of Order that under Rule 5.3B, Part 1B, Section 11.1 was out of order in that the proviso was non germane to the Bill.
The SPEAKER overruled the Point of Order. The SPEAKER stated that the proviso was a regulation, directive, or procedure relative to the appropriation of funds. He overruled the Point of Order and ruled Proviso 11.1 to be germane to the Bill
Rep. J. E. SMITH raised the Point of Order that under Rule 5.3B, Part 1B, Sections 11.20, 11.32, 11.33, and 11.34 were out of order in that the provisos were non germane to the Bill.
The SPEAKER sustained the Point of Order and stated that Part 1B, Sections 11.20, 11.32, 11.33, and 11.34 were out of order in that the provisos were non germane to the Bill. He stated that the substantial effect of all temporary provisions of law and amendments thereto must be directly germane to the appropriation of funds, affecting revenue, or be rules, regulations, directives, or procedures relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the Bill. The SPEAKER stated that Part 1B, Sections 11.20, 11.32, 11.33, and 11.34 did not appropriate funds or affect revenue and were not rules, regulations, directives, or procedures relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the Bill. He sustained the Point of Order and stated that Part 1B, Sections 11.20, 11.32, 11.33, and 11.34 were out of order.
Rep. WHITE moved to adjourn debate on the Section, which was agreed to.
Reps. MERRILL, WHITE and THAYER proposed the following Amendment No. 173 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\TEC SCHOOL GOVERNANCE V2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 416, after line 14, by adding an appropriately numbered paragraph to read:
/(TEC: Governance) All governance of state-supported technical institutions including exclusive approval or disapproval authority over all post-secondary vocational, technical, and occupational diplomas and certificates shall be vested in the State Board for Technical and Comprehensive Education. The State Board must utilize their appropriated and/or authorized funds to administer the functions associated with this vestment. Jurisdiction of the State Board for Technical and Comprehensive Education and the technical schools under its purview shall be removed from the Commission on Higher Education for the current fiscal year. /
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Rep. THAYER explained the amendment.
Rep. TAYLOR moved to table the amendment.
Rep. THAYER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Clary Corley Nanney Taylor Weeks Wells
Those who voted in the negative are:
Anderson Anthony Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers Bradley Brannon R. L. Brown Burns Chumley Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Delleney Douglas Erickson Felder Finlay Funderburk Gagnon Gambrell Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Howard Huggins Jefferson Johnson Kennedy King Limehouse Loftis Long Lowe Lucas McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Newton Norman Norrell Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Thayer Tinkler Whipper White Whitmire Willis Yow
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers Bradley Brannon R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Douglas Erickson Felder Finlay Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Kennedy King Kirby Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Ott Parks Pitts Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Weeks Wells Whipper White Whitmire Willis Yow
Those who voted in the negative are:
Section 25, as amended, was adopted.
The SPEAKER granted Rep. SPIRES a leave of absence for the remainder of the day.
Rep. BINGHAM proposed the following Amendment No. 175 (Doc Name h:\legwork\house\amend\h-wm\005\rfa e911 proviso.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 102, REVENUE AND FISCAL AFFAIRS OFFICE, page 512, after line 29, by adding an appropriately numbered paragraph to read:
/ (RFA: E911 PSAPs) The Revenue and Fiscal Affairs Office, utilizing the funds appropriated and or authorized herein for the E911 program, must ensure that any new plans or proposed amendments to existing plans maintain comprehensive coverage for the full Public Safety Answering Points area as well as improve cost effectiveness. No new plans or amendments may be considered by Revenue and Fiscal Affairs that do not include the written agreement of all jurisdictions affected by the new plan or proposed change as well as provide cost savings on the state and local level. Local Public Safety Answering Points are encouraged to cooperate to find ways to continue to improve cost effectiveness and efficiencies for all affected entities. /
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Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The question then recurred to the adoption of the section.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Bales Bedingfield Bernstein Bingham Bowers Bradley R. L. Brown Chumley Clary Clyburn Cobb-Hunter Corley H. A. Crawford Crosby Dillard Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hardwick Hart Hayes Henderson Henegan Herbkersman Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson King Kirby Knight Limehouse Loftis Long Lowe Mack McEachern M. S. McLeod W. J. McLeod Merrill Mitchell D. C. Moss V. S. Moss Nanney Neal Norman Norrell Ott Parks Pitts Putnam Quinn Ridgeway Riley Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Stringer Tallon Taylor Thayer Tinkler Weeks Wells White Whitmire Willis Yow
Those who voted in the negative are:
Section 102, as amended, was adopted.
Reps. BALLENTINE, J. E. SMITH, COBB-HUNTER, ATWATER, BEDINGFIELD, HUGGINS, QUINN, BERNSTEIN, LONG, NORMAN, HAMILTON, RUTHERFORD, OTT, M. S. MCLEOD and ALEXANDER proposed the following Amendment No. 179 (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\001\NR SUCCEED SCV3. DOCX), which was rejected:
Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 573, after line 14, by adding appropriately numbered items to read:
/( ) R60 - Department of Employment and Workforce
Direct Training (SucceedSC) $15,000,000
( .1) From the funds appropriated above to the Department of Employment and Workforce (department) for direct training, the department shall, by August 1, 2015, establish a program to provide subsidized direct training for eligible individuals at eligible training institutions for the purpose of improving employment outcomes for eligible individuals pursuant to the requirements of this section.
(A) Eligibility for individuals shall be determined by the department but shall include, at a minimum, negative screening for drugs of abuse, successful completion of Silver WorkKeys certification, participation in employment preparation activities as directed by the department, and maintaining adequate attendance and vocational progress in prescribed training programs subsidized by the program.
(B) Eligibility for institutions to provide training services shall be determined by the department but shall include, at a minimum licensure as an eligible institution of higher education or postsecondary job skills training, a demonstrable record of positive employment outcomes as evaluated by the department, and a suitable return on investment of training dollars, and assessed by the department and steering committee.
(C) Eligible training programs selected shall be those most likely to produce long-term employment for the greatest number of eligible individuals, and display potential for long-term wage growth.
(1) The department shall select training programs at eligible institutions based on information received from unfilled jobs reports, surveys of businesses detailing employment needs, and feedback from local business associations and economic development professionals.
(2) In order to make appropriate determinations of employee demand and program eligibility, the department shall divide the state into four distinct regions and produce a separate analysis detailed in item (C)(1) for each region. The department may choose to provide direct training funds for different sets of eligible programs in each of the four regions, based on regional need. Nothing in this section precludes eligible individuals from seeking training in a region in which they do not reside.
(3) The department may negotiate the cost of eligible training programs with eligible training providers and enter into memorandums of agreement with training providers, including public institutions of higher education to ratify negotiated fee schedules.
(4) The department may approve training programs established to address the training needs of a single employer or industry that does not result in a training certificate or nationally recognized trade certification. Funds used for this purpose shall not supplant those appropriated for ReadySC and, to the extent practicable, employers who appear to be eligible for participation in ReadySC must be referred by the department to the State Board for Technical and Comprehensive Education for inclusion in that program.
(D) Funding for eligible individuals pursuant to item (A) participating in eligible training programs pursuant to items (B) and (C) shall be made on a reimbursable basis. Individuals electing to participate in a subsidized training program pursuant to this section must agree to repay the department on a schedule approved by the department. The department shall provide explanation of this requirement on applications and promissory notes produced by the department for the administration of this program. The department shall partner with the South Carolina Department of Revenue to administer recovery of training funds through the state's income tax program.
(E) The department shall, by August 1, 2015, report to the Governor, Chairman of Senate Finance, and Chairman of the House Ways and Means Committee, on accountability measures used to evaluate the success of training programs in terms of cost, completion, employment outcomes, wage growth, and other indicators deemed necessary by the department to measure program effectiveness.
(F) The department may retain and expend not more than seven percent of total funds appropriated for the program to be used for program development, marketing and recruiting efforts, and administration of the program.
(G) Unexpended funds appropriated for this program and those recovered pursuant to item (D) of this section shall be carried forward and used for the same purpose. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BALLENTINE explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. WHITE spoke against the amendment.
Rep. WHITE spoke against the amendment.
Rep. BALLENTINE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. BALLENTINE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Atwater Ballentine Bamberg Bannister Bedingfield Bernstein Burns Chumley Cobb-Hunter Douglas George Govan Hamilton Hart Henderson Henegan Hixon Hodges Huggins Jefferson King Kirby Loftis Long McKnight M. S. McLeod W. J. McLeod Nanney Neal Norman Ott Quinn Ridgeway Rivers Robinson-Simpson Rutherford G. R. Smith J. E. Smith Stringer Tallon Taylor Toole Willis
Those who voted in the negative are:
Anderson Anthony Bingham Bowers Bradley Brannon Clary Clemmons Clyburn Cole Collins Corley H. A. Crawford Crosby Delleney Dillard Duckworth Felder Finlay Funderburk Gagnon Gambrell Goldfinch Hardee Hardwick Herbkersman Hicks Hill Hiott Hosey Johnson Kennedy Limehouse Lucas Merrill Mitchell D. C. Moss V. S. Moss Newton Norrell Parks Pitts Pope Putnam Riley Ryhal Sandifer Simrill G. M. Smith Sottile Stavrinakis Thayer Tinkler Weeks Wells White Whitmire Yow
So, the amendment was rejected.
Rep. WHITE moved to reconsider the vote whereby Amendment No. 179 was rejected.
Rep. WHITE moved to table the motion to reconsider, which was agreed to.
Rep. FINLAY proposed the following Amendment No. 59 (Doc Name h:\legwork\house\amend\h-wm\010\dss epworth nr.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 574, paragraph 118.14, line 7, by striking /972,029/ and inserting /872,029/
Amend the bill further, as and if amended, Section 118, STATEWIDE REVENUE, page 574, after line 7, by adding an appropriately numbered line to read:
/Epworth Children's Home ...100,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. FINLAY explained the amendment.
Rep. FINLAY spoke in favor of the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
The amendment was then adopted.
Rep. SIMRILL moved that the House recede until 8:00 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Part 1B.
At 8:00 p.m. the House resumed, with ACTING SPEAKER DUCKWORTH in the Chair.
The question of a quorum was raised.
A quorum was later present.
MOTION ADOPTED
Rep. WHITE moved that when the House adjourns today that it adjourns to meet at 1:00 p.m. tomorrow, which was agreed to.
Rep. WHITE moved that the House do now adjourn, which was agreed to.
At 10:00 p.m. the House, in accordance with the motion of Rep. FUNDERBURK, adjourned in memory of Florence Savage LaRoche Blackwell of Camden, to meet at 1:00 p.m. tomorrow.
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