Indicates Matter Stricken
Indicates New Matter
The House assembled at 1:00 p.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Proverbs 16:33: "The lot is cast into the lap, but the decision is the Lord's alone."
Let us pray. Emmanuel-God, help these Representatives know today and always both the comfort and the courage of Your presence. As we seek Your direction in doing what is right, give these men and women courage to speak up in the face of wrongdoing. Forgive us when we are not faithful with our responsibilities. Send Your blessings and peace on our leaders of Nation and State, this Body, and our Speaker. Protect our defenders of freedom. 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 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 Wednesday, June 17, the SPEAKER ordered it confirmed.
Rep. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Senator Clementa C. Pinckney of Jasper County, which was agreed to.
The House stood in silent prayer for the families of those killed in the Emanuel African Methodist Episcopal Church shooting.
The following was received:
June 12, 2015
The Honorable Charles F. Reid,
Clerk South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211
Dear Mr. Reid:
Enclosed please find the SC Board of Health and Environmental Control (Department) designation for removal of [123I]ioflupane from Schedule II for Controlled Substances. The Board has taken this action at its meeting on June 11, 2015, pursuant to SC Code Section 44-53-160(C), which authorizes the Department to remove a substance as a controlled substance if the federal government has so designated.
The U.S. Department of Justice, Drug Enforcement Administration (DEA), published on June 3, 2015, its intent to remove [123I]ioflupane from the Schedule II controlled substances list.
http://www .gpo.gov/fdsys/pkg/FR-2015-06-03/pdf/2015- 13455.pdf .
The Department makes this notification in accordance with SC Code Section 44-53-160(C), requiring that the Department notify the General Assembly in writing of the change in federal law or regulation and of the corresponding change in South Carolina law.
Pursuant to the federal rule, the Department has removed [123I]ioflupane from the South Carolina Controlled Substances Act, Schedule II, at Section 44-53-210(b)(l ).
Thank you for your attention to this matter.
Bentley White
Legislative and Constituent Services
Whereas, pursuant to S.C. Code Section 44-53-160(C), the S.C. Board of Health and Environmental Control (Board) is authorized to remove a substance as a controlled substance if the federal government has so designated; and
Whereas, the U.S. Department of Justice, Drug Enforcement Administration (DEA), published on June 3, 2015, its intent to remove [123I]ioflupane from the Schedule II controlled substances list. http://www.gpo.gov/fdsys/pkg/FR-2015-06-03/pdf/2015-13455.pdf; and
Whereas, data currently supports the removal of substances containing [123I]ioflupane, primarily because the substance itself has a lethal radioactive barrier and its manufacturing process is highly regulated and technically complex, thereby making abuse highly unlikely; and
Whereas, according to US Department of Health and Human Services (HHS) states there have been no reports of abuse of [123I]ioflupane, and evidence suggests that there is no psychic or physiological dependence potential of FDA approved diagnostic products containing [123I]ioflupane due to the extremely high and lethal quantities needed to achieve a subjective "high"; and
Whereas, based upon the recommendation of HHS and its own review of relevant data, the DEA found that [123I]ioflupane has no comparable potential for abuse relative to substances in schedule V, has a currently acceptable medical use in the United States, and is not abusable and thus is not likely to lead to physical or psychological dependence and therefore [123I]ioflupane does not warrant control under the CSA;
Now, therefore, the Board of Health and Environmental Control removes [123I]ioflupane from Schedule II of the Controlled Substance list, amending S.C. Code Section 44-53-210 accordingly.
Allen Amsler, Chairman
S.C. Board of Health and Environmental Control
June 11, 2015
Columbia, South Carolina
Received as information.
The following was received:
June 12, 2015
The Honorable Charles F. Reid, Clerk
South Carolina House of Representatives
Post Office Box 11867
Columbia, SC 29211
Dear Mr. Reid:
Enclosed please find the SC Board of Health and Environmental Control (Department) designation for adding and designating N-(l -phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl), its optical, positional, and geometric isomers, salts and salts of isomers into Schedule I of the South Carolina Controlled Substances Act. The Board has taken this action at its meeting on June 11, 2015, pursuant to SC Code Section 44-53-160(C), which authorizes the Department to remove a substance as a controlled substance if the federal government has so designated.
The U.S. Department of Justice, Drug Enforcement Administration (DEA), published on May 21, 2015, its notice of intent to temporarily schedule the synthetic opioid, N-(l-phenethylpiperidin-4-yl)N-phenylacetamide (acetyl fentanyl), into schedule I of the Controlled Substances Act (CSA), effective upon publication of the final order. F.R. Volume 80, Number 98, pp. 29227-29230; http://www.gpo.gov/ fdsys/pkg/FR-2015-05-2 l /pdf/2015-12331.pdf.
The Department makes this notification in accordance with SC Code Section 44-53-160(C), requiring that the Department notify the General Assembly in writing of the change in federal law or regulation and of the corresponding change in South Carolina law.
Pursuant to the federal rule, the Department has adopted adding and designating N-(lphenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl), its optical, positional, and geometric isomers, salts and salts of isomers into Schedule I of the South Carolina Controlled Substances Act, , at Section 44-53-190.
Thank you for your attention to this matter.
Bentley White
Legislative and Constituent Services
Whereas, pursuant to S.C. Code Section 44-53-160(C), the S.C. Board of Health and Environmental Control (Board) is authorized to add a
substance as a controlled substance if the federal government has so designated; and
Whereas, the U.S. Department of Justice, Drug Enforcement Administration (DEA), published on May 21, 2015, its notice of intent to temporarily schedule the synthetic opioid, N-(lphenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl), into schedule I of the Controlled Substances Act (CSA), effective upon publication of the final order. F.R. Volume 80, Number 98, pp. 29227-29230; http://www.gpo.gov/fdsys/pkg!FR-2015-05-21/pdfl2015-12331.pdf; and
Whereas, substances listed in schedule I are those that have a high potential for abuse, no currently acceptable medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Acetyl fentanyl (N-(l-phenethylpiperidin-4-yl)-Nphenylacetamide), is an opioid analgesic that has been found in powder and tablet form. The DEA noted that acetyl fentanyl has an abuse potential similar to heroin and prescription opioid analgesics.
Whereas, in 2012 and 2013, acetyl fentanyl was associated with 39 deaths in several states. In August 2013, the Centers for Disease Control and Prevention (CDC) published a report discussing a series of deaths associated with acetyl fentanyl, at http://www.cdc .gov/mmwr/pdf/wk/mm6234.pdf. In February 2014, the North Carolina Department of Health and Human Services issued a health advisory following at least three deaths related to acetyl fentanyl, at http://www.ncdhhs.gov/pressrel/2014/2014-02-19 health advi-sory.htm; and
Whereas, available information for acetyl fentanyl indicates this substance has a high potential for abuse, no currently acceptable medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Therefore, the DEA has determined that placing acetyl fentanyl into schedule I is necessary to avoid an imminent hazard to the public safety; and
Now, therefore, the Board of Health and Environmental Control adopts the federal scheduling of acetyl fentanyl and amends Section 44-53-190 by adding and designating N-(l-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl), its optical, positional, and geometric isomers, salts and salts of isomers into Schedule I of the South Carolina Controlled Substances Act.
Allen Amsler, Chairman
S.C. Board of Health and Environmental Control
June 11, 2015
Columbia, South Carolina
Received as information.
The following was taken up for immediate consideration:
H. 4356 (Word version) -- Reps. Lucas, Bannister, Rutherford and Anderson: A CONCURRENT RESOLUTION TO PROVIDE THAT IN ADDITION TO THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY AFTER JUNE 18, 2015, PURSUANT TO H. 4274 OF 2015, LEGISLATION CONCERNING THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA AND SURROUNDING ARRANGEMENT LOCATED AT THE CONFEDERATE SOLDIER MONUMENT ON THE GROUNDS OF THE STATE CAPITOL COMPLEX ALSO MAY BE INTRODUCED, RECEIVED, AND CONSIDERED BY EACH BODY OF THE GENERAL ASSEMBLY PRIOR TO SINE DIE ADJOURNMENT.
Be it resolved by the House of Representatives, the Senate concurring:
That in addition to the matters which may be considered by the General Assembly after June 18, 2015, pursuant to H. 4274 of 2015, legislation concerning the South Carolina Infantry Battle Flag of the Confederate States of America and surrounding arrangement located at the Confederate Soldier Monument on the grounds of the State Capitol Complex also may be introduced, received, and considered by each body of the General Assembly prior to sine die adjournment including, but not limited to, receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, messages pertaining to such reports, and any amendments to this legislation.
Rep. LUCAS 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 Bales Bamberg Bannister Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Clyburn Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Funderburk George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Henegan Hicks Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Jordan 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 Murphy Neal Newton Norrell Ott Parks Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Tinkler Toole Weeks Wells Whipper Williams Willis Yow
Those who voted in the negative are:
Bedingfield Chumley Corley
Gagnon Gambrell Hardee Hill Nanney Thayer White
The Concurrent Resolution was adopted and sent to the Senate.
I had excused leave during the vote on H. 4356, the Sine Die Resolution. If I had been present, I would have voted in favor of the Resolution.
Rep. Nathan Ballentine
The following was introduced:
H. 4357 (Word version) -- Reps. Bowers, Herbkersman, Newton, Bradley, Erickson, Hodges, Bamberg, R. L. Brown, Knight, Hosey, Crosby, Gilliard, Goldfinch, Horne, Limehouse, Mack, McCoy, Merrill, Rivers, Sottile, Stavrinakis, Tinkler, Whipper, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Bedingfield, Bernstein, Bingham, Brannon, G. A. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Daning, Delleney, Dillard, Douglas, Duckworth, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Hicks, Hill, Hiott, Hixon, Howard, Huggins, Jefferson, Johnson, Jordan, Kennedy, King, Kirby, Loftis, Long, Lowe, Lucas, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Southard, Spires, Stringer, Tallon, Taylor, Thayer, Toole, Weeks, Wells, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF THE HONORABLE CLEMENTA CARLOS PINCKNEY OF RIDGELAND, TO CELEBRATE HIS LIFE AND ACHIEVEMENTS, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the South Carolina House of Representatives are deeply saddened by the untimely death of the Honorable Clementa Carlos Pinckney of Ridgeland, senior pastor of Mother Emanuel AME Church in Charleston and member of the South Carolina Senate. Attacked by a gunman while leading a prayer meeting and Bible study at Emanuel AME, he and eight of his fellow church members were slain on June 17, 2015; and
Whereas, Clem Pinckney was born the son of John Pinckney and the late Theopia Stevenson Pinckney on July 30, 1973. Early showing his commitment to the Christian roots implanted in him, he began preaching at the age of thirteen and was first appointed pastor at eighteen. A fourth-generation minister, he was named pastor of Emanuel AME in 2010; and
Whereas, just one year after graduating magna cum laude from Allen University in 1995, this Princeton University Research Fellow (summer 1994) was elected to the South Carolina House of Representatives and became, at the age of twenty-three, the youngest African American elected to the this great state's legislature. In furtherance of his education, he earned his master's degree in public administration from the University of South Carolina in 1999 and later his master of divinity at Lutheran Theological Southern Seminary. In 2000, he was elected to the South Carolina Senate; and
Whereas, during his years in the Senate, Clem Pinckney, a nineteen-year state legislator, proved his worth as a member of the Banking and Insurance, Corrections and Penology, Education, Finance, and Medical Affairs committees and championed causes important to him. He fought to expand Medicaid and supported public education. He helped bring to fruition the South Carolina Healthy Bucks program, which provides vouchers for the purchase of healthy foods at the farmer's market. He strongly opposed voter ID legislation he felt would hinder some of South Carolina's citizens from exercising their right to vote. Most recently, he spoke eloquently and provided leadership for the provision of body-worn cameras for law enforcement officers in this State; and
Whereas, in short, Clem Pinckney focused on using the pulpit in his church and the floor in the state Senate to advocate for the least among us: those struggling to find jobs, those sick and in need of health care,
and the schoolchildren in Jasper County. He wasn't overbearing about it; the booming baritone voice that matched his tall stature was always kept at an even keel, and his approach was always humble as he gave voice to some of the state's poorest residents without seeking personal credit; and
Whereas, all his life, Clem Pinckney found his God a rock he could lean on. To strengthen His servant for his life's work, the Lord blessed Clem with the strong support of a fine family: his dear wife, Jennifer Benjamin Pinckney, whom he married on October 23, 1999, and his two delightful daughters, Eliana and Malana; and
Whereas, Clementa Pinckney leaves to cherish his memory and carry on his legacy his devoted wife and children and a host of other relatives and friends, including his colleagues in the South Carolina House of Representatives; and
Whereas, knowing that Senator Pinckney would not want this body to remember him without also remembering the sorrow of his congregation, the House wishes to express its heartfelt grief to Mother Emanuel AME Church, one of the oldest African-American churches in the United States, in its loss of nine much-loved members; and
Whereas, these words written with a sure hope by the Apostle Paul truly may be said of Clem Pinckney, a choice servant of the Lord Jesus Christ: "I have fought a good fight, I have finished my course, I have kept the faith: Henceforth there is laid up for me a crown of righteousness, which the Lord, the righteous judge, shall give me at that day: and not to me only, but unto all them also that love his appearing" (II Timothy 4:7-8. KJV); and
Whereas, Clementa Carlos Pinckney's integrity, generosity of spirit, and general enthusiasm for life, work, his God, family, and friends were unmatched, and he will be remembered as a humble public servant and beloved South Carolina statesman. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, express their profound sorrow upon the passing of the Honorable Clementa Carlos Pinckney of Ridgeland, celebrate his life
and achievements, and extend the deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be presented to Mrs. Jennifer Pinckney, Miss Eliana Pinckney, Miss Malana Pinckney, and Mr. John Pinckney for the family.
The Resolution was adopted.
The following was introduced:
H. 4358 (Word version) -- Reps. R. L. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, 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, Murphy, 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, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO HONOR THE REVEREND ALONZA A. WASHINGTON, PASTOR OF WALLINGFORD PRESBYTERIAN CHURCH IN CHARLESTON, FOR HIS MANY YEARS OF GOSPEL MINISTRY, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
The Resolution was adopted.
The following was introduced:
H. 4359 (Word version) -- Reps. Horne, Murphy, Knight, Jefferson, Mack, Tinkler, Whipper, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Hosey, Howard, Huggins, Johnson, Jordan, Kennedy, King, Kirby, Limehouse, Loftis, Long, Lowe, Lucas, 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, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Weeks, Wells, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO CONGRATULATE AND HONOR COACH JOHN MCKISSICK OF SUMMERVILLE HIGH SCHOOL, THE WINNINGEST COACH AT ANY LEVEL OF ORGANIZED FOOTBALL, FOR HIS OUTSTANDING CAREER AS BOTH COACH AND EDUCATOR, TO RECOGNIZE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4360 (Word version) -- Rep. Putnam: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES IN 2015 AT A DATE AND TIME DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE THAT IF SUBSEQUENT TO A DETERMINATION THE BODY IS IN SESSION, THE CHAMBER MAY NOT BE USED AND ALTERNATE DATES AND TIMES
MAY BE SELECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO CONGRATULATE THE CONTINUING COMMITMENT OF THE SOUTH CAROLINA STUDENT LEGISLATURE TO THIS WORTHWHILE EVENT FOR THE STATE'S YOUTH.
Be it resolved by the House of Representatives:
That the South Carolina Legislature be authorized to use the chamber of the South Carolina House of Representatives in 2015 at a date and time determined by the Speaker of the House of Representatives, provided that if subsequent to a determination the body is in session, the chamber may not be used and the South Carolina Student Legislature may use the chamber on alternate dates and times as may be selected by the Speaker of the House of Representatives, and to congratulate the continuing commitment of the South Carolina State Legislature to this worthwhile event for the state's youth.
Be it further resolved that the use of chamber of the South Carolina House of Representatives by the South Carolina Student Legislature must be in accordance with the policies and Rules of the body.
The Resolution was adopted.
The following was introduced:
H. 4362 (Word version) -- Rep. Taylor: A HOUSE RESOLUTION TO HONOR BISHOP BRUCE C. FOX, PASTOR OF SOUTH AIKEN CHURCH OF GOD, FOR HIS THIRTY-NINE YEARS OF GOSPEL MINISTRY, TO CONGRATULATE HIM ON THE OCCASION OF HIS RETIREMENT, AND TO WISH HIM GOD'S RICHEST BLESSINGS AS HE CONTINUES TO SERVE THE LORD.
The Resolution was adopted.
The following was introduced:
H. 4361 (Word version) -- Reps. R. L. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield,
Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, 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, Murphy, 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, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE REVEREND DEPAYNE MIDDLETON-DOCTOR OF CHARLESTON COUNTY, TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO URGE THE CHARLESTON COUNTY COUNCIL AND CHARLESTON COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES TO RENAME THE ST. PAUL'S LIBRARY BRANCH OF THE CHARLESTON COUNTY PUBLIC LIBRARY IN HOLLYWOOD THE "DEPAYNE MIDDLETON-DOCTOR/ST. PAUL'S LIBRARY."
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4363 (Word version) -- Reps. King, Hart, Gilliard, Henegan, M. S. McLeod and Mitchell: A CONCURRENT RESOLUTION TO PROVIDE THAT IN ADDITION TO THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY AFTER JUNE 4, 2015, PURSUANT TO H. 4274 OF 2015, OR ANY OTHER RESOLUTION AFFECTING SINE DIE ADJOURNMENT, H. 3404 AND ANY OTHER LEGISLATION RELATING TO COMMITTING A CRIMINAL OFFENSE AGAINST ANOTHER PERSON BASED ON RACE,
RELIGION, COLOR, SEX, AGE, NATIONAL ORIGIN, OR SEXUAL ORIENTATION, OTHERWISE KNOWN AS HATE CRIMES, ALSO MAY BE INTRODUCED, RECEIVED, AND CONSIDERED BY EACH BODY OF THE GENERAL ASSEMBLY PRIOR TO SINE DIE ADJOURNMENT.
The Concurrent Resolution was tabled.
The following was introduced:
H. 4364 (Word version) -- Reps. King, Hart, Gilliard, Henegan, M. S. McLeod and Mitchell: A CONCURRENT RESOLUTION TO PROVIDE THAT IN ADDITION TO THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY AFTER JUNE 4, 2015, PURSUANT TO H. 4274 OF 2015, OR ANY OTHER RESOLUTION AFFECTING SINE DIE ADJOURNMENT, LEGISLATION RELATING TO THE REMOVAL OF THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA ON THE STATE HOUSE GROUNDS AND OTHER RELATED MATTERS ALSO MAY BE INTRODUCED, RECEIVED, AND CONSIDERED BY EACH BODY OF THE GENERAL ASSEMBLY PRIOR TO SINE DIE ADJOURNMENT.
The Concurrent Resolution was tabled.
The Senate sent to the House the following:
S. 895 (Word version) -- Senators Leatherman, Malloy, Sheheen, McElveen and Kimpson: A CONCURRENT RESOLUTION TO PROVIDE THAT IN ADDITION TO THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY AFTER JUNE 18, 2015, PURSUANT TO H. 4274 OF 2015, LEGISLATION CONCERNING THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA AND SURROUNDING ARRANGEMENT LOCATED AT THE CONFEDERATE SOLDIER MONUMENT ON THE GROUNDS OF THE STATE CAPITOL COMPLEX ALSO MAY BE INTRODUCED, RECEIVED, AND
CONSIDERED BY EACH BODY OF THE GENERAL ASSEMBLY PRIOR TO SINE DIE ADJOURNMENT.
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. 4365 (Word version) -- Reps. King, Hart, Gilliard, Henegan, M. S. McLeod and Mitchell: A BILL TO AMEND SECTION 1-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS AUTHORIZED TO BE FLOWN ATOP THE STATE HOUSE DOME, IN CHAMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND ON THE GROUNDS OF THE CAPITOL COMPLEX, SO AS TO PROHIBIT THE PLACEMENT OF ANY CONFEDERATE FLAG ON THE GROUNDS OF THE CAPITOL COMPLEX, AND TO REMOVE THE CURRENT CONFEDERATE FLAG FLOWN ON THE SOUTH SIDE OF THE CONFEDERATE SOLDIER MONUMENT.
Referred to Committee on Judiciary
H. 4366 (Word version) -- Reps. Brannon, Whipper, Clary, Gilliard, Kirby, Alexander, R. L. Brown, Henegan and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "CLEMENTA C. PINCKNEY ACT OF 2015"; TO AMEND SECTION 1-10-10, RELATING TO THE PLACEMENT OF THE CONFEDERATE FLAG ON THE GROUNDS OF THE CAPITOL COMPLEX, SO AS TO PROHIBIT THE PLACEMENT OF ANY CONFEDERATE FLAG ON THE GROUNDS OF THE CAPITOL COMPLEX, AND TO REMOVE THE CURRENT CONFEDERATE FLAG FLOWN ON THE SOUTH SIDE OF THE CONFEDERATE SOLDIER MONUMENT.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Atwater Bales
Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Horne Hosey Howard Huggins Jefferson Johnson Jordan 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 Murphy Nanney Neal Newton Norrell Ott Parks Pitts Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
I came in after the roll call and was present for the Session on Tuesday, June 23.
Nathan Ballentine Ralph Norman
SPEAKER IN CHAIR
The SPEAKER granted Rep. KENNEDY a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. POPE a leave of absence for the day due to a prior family commitment.
The SPEAKER granted Rep. DILLARD a leave of absence for the day due to a prior engagement.
The SPEAKER granted Rep. HERBKERSMAN a leave of absence for the day due to a prior business conflict.
The SPEAKER granted Rep. BALLENTINE a temporary leave of absence.
The SPEAKER called upon the Rev. Charles E. Seastrunk, Jr., to lead the House in special prayer for the families of the nine members of the Mother Emanuel AME Church in Charleston, who were taken from us.
Let us pray: Almighty and eternal God, in whose hands are life and death, we come into Your presence to plead for all who mourn the death of Senator Pinckney and the other eight members of Mother Emanuel AME Church who died. We pray for the city of Charleston and for our State of South Carolina, as we mourn and work together to heal the wounds of the heart. As they grieve the death of loved ones and friends, we know You, O Lord, are touched by the tears of those who grieve over
the loss of loved ones. In Your Divine providence fill the aching void in their hearts with Your comforting presence, and wipe all tears from their eyes. Source of all consolation, raise them up with the hope in Christ. Reassure them of an eternal reunion in Your presence with their beloved, whom You have called to eternal peace and joy. In their loneliness, draw them closer to you. O Lord, cause the sorrow of separation to make the survivors more understanding of the grief of others and more ready to comfort them in their needs. We ask this in the name of our Redeemer, who died that we might live forever. Amen.
Rep. STAVRINAKIS made a statement relative to the tragic deaths in Charleston, South Carolina.
I am honored to be joined today by my colleagues in the Charleston Legislative Delegation and our neighbors in Berkeley, Dorchester and other parts of South Carolina.
The tragic events of last week were so profoundly devastating to people across South Carolina and the country but particularly to us in Charleston. As events have unfolded, we have been so humbled and inspired by the outpouring of love, prayers, unity, and good will we have received. As a result, we have so many to thank. On behalf of the Charleston Legislative Delegation and the good people of Charleston we want to extend those thanks. The people of Charleston have shown the country their amazing strength and character with the support of so many of you here and across the country.
I want to start by thanking members of this body for their messages and prayers. Many of you made your way to Charleston for services on very short notice and we are forever grateful. We owe our Speaker great thanks as well. He was on the phone with me, our Mayor, and others many times starting late Wednesday night and continuing through the weekend . He was truly a rock for me and others in a time of great need.
We thank Governor Haley for coming to Charleston immediately the next day, for her support, her words and her grace in our time of sorrow.
We owe a tremendous debt of gratitude to our Chief of Police, Greg Mullen, the men and women of the Charleston Police Department and other state, local, and federal law enforcement agencies. Their collective work in identifying and arresting the evil killer responsible for the deaths of these innocent people was simply amazing. Their quick work not only eliminated a clear and imminent danger to our community, State, and country but also allowed us to quickly devote all of our attention to
honoring the victims and the work of healing the families, the Mother Emanuel congregation, and our community. All of the wonderful community unity and prayer services we have participated in as a community, State, and Nation would not have been possible with this killer at large and an extended manhunt underway.
Of course, the amazing unity and character you have seen in Charleston does not happen by accident. It all starts with great local leadership and it has been incredible to once again be reminded how blessed we are and have been to have the greatest mayor in America leading our great city, Mayor Joe Riley. His leadership has yet again been remarkable and helped guide us through these difficult days in a way no elected official anywhere can match. He is not alone either, as all of our local leaders have pulled together to support our community. In particular, our local clergy have shown remarkable strength and leadership which has helped guide us peacefully down the path of healing.
In the end though it all starts and ends with the families of the nine victims. We owe them the greatest thank you of all for setting us all on the path of dealing with this horrible tragedy peacefully despite the devastating personal losses they have all suffered. The incredible strength, grace, love and faith they have demonstrated has been the ultimate source of inspiration and leadership for us all. Their actions have been a humbling reaffirmation for us all in the power of love, the power of unity, the power of our humanity and the power of faith.
Again, thank you all so much. Please continue to pray for us in the long, difficult days we face ahead and may God bless you all.
Rep. Leon E. Stavrinakis
Rep. HODGES made a statement relative to the loss of life in Charleston, South Carolina. Rep. Hodges read the following:
We Remember Them, by Sylvan Kamens & Rabbi Jack Riemer
At the rising of the sun and at its going down
We remember them.
At the blowing of the wind and in the chill of winter
We remember them.
At the opening of the buds and in the rebirth of spring
We remember them.
At the blueness of the skies and in the warmth of summer
We remember them.
At the rustling of the leaves and in the beauty of autumn
We remember them.
At the beginning of the year and when it ends
We remember them.
As long as we live, they too will live;
for they are now a part of us
as we remember them.
When we are weary and in need of strength
We remember them.
When we are lost and sick at heart
We remember them.
When we have joy we crave to share
We remember them.
When we have decisions that are difficult to make
We remember them.
When we have achievements that are based on theirs
We remember them.
As long as we live, they too will live;
for they are now a part of us
as we remember them.
Rep. LIMEHOUSE made a statement relative to the tragedy at the Mother Emanuel AME Church in Charleston.
I'd like to make one suggestion. We need to do something about mental health in South Carolina. I don't know whether we need to re-open Bull Street so that we will have some place to put these mentally ill folks in a secure facility. Or whether or not we need a hotline so that people who hear and see people acting out and talking about what they may do in the future, they need to be apprehended before they strike. I want you all to think about these things this summer so that we may address them next year. Thank you and I love you all!
Rep. H. B. "Chip" Limehouse III
Rep. BOWERS made a statement relative to the tragedy at the Mother Emanuel AME Church in Charleston.
In South Carolina today we are devastated. It is extremely difficult to truly comprehend that nine of our distinguished citizens were shot down while attending a Bible study at Charleston's historic Emanuel AME Church. Among those murdered was the pastor of the church who is also my dear friend and colleague, Senator Clementa Pinckney. Back in 1998, Clementa Pinckney and I started our legislative careers together representing the people of Jasper County in the South Carolina General Assembly. We spent half his life and a third of mine working together.
This sudden tragic blow to humanity in such a holy place can't be understood. What I do know is that Reverend Senator Pinckney is a martyr -- someone devoted to his beliefs and faith. Senator Pinckney's commanding presence and amazing leadership were always strong while being unfailingly gentle, friendly and thoughtful for all. He always sought to bring joy and love into the hearts of all.
It is excruciatingly agonizing that anyone who thought so little of human life took from us a giant so full of life. Senator Clementa Pinckney thought much of life and made much of life. He placed his great stature and resounding voice in service to the people, providing leadership and inspiration from the pulpit and the Chambers of the South Carolina legislature.
At this time, I urge everyone to think of what Senator Pinckney would have us do. I am confident that Senator Pinckney with his big, warm smile, loving heart and strong voice would lead us in prayer calling for all to come together. So let us all pray for peace and comfort for Senator Pinckney's wife and children, all victims and their families and Emanuel Church's extended church family.
Senator Pinckney made a big impact on our community and I hope to honor his life by working for his dream as he preached "to live and to feel and share the love for all." Senator Pinckney is my friend and continues to live in my heart.
Rep. Bill Bowers
The following was received:
Columbia, S.C., June 23, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3701:
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.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 23, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3702:
H. 3702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., June 23, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4230:
H. 4230 (Word version) -- Rep. White: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2015-2016, AND TO PROVIDE FOR OTHER RELATED MATTERS.
Very respectfully,
President
Received as information.
CONFERENCE REPORT
H. 3701 (Word version)
The General Assembly, Columbia, S.C., June 23, 2015
The COMMITTEE OF CONFERENCE, to whom was referred (Doc. No. H:\LEGWORK\CONFREPORTS\AGM\3701C001.AGM.DG15 .docx):
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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 05/28/15.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Amend title to conform.
Senator Hugh. K. Leatherman Representative W. Brian White Senator Harvey S. Peeler, Jr. Representative Michael Pitts Senator Nikki G. Setzler Representative James Clyburn On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
Rep. PITTS spoke in favor of the Conference Report.
Rep. CLYBURN spoke in favor of the Conference Report.
The question then recurred to the adoption of the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan 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 Murphy Nanney Newton Norrell Ott Parks Pitts Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford
Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
Hill Norman
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I had excused leave during the vote on adoption of the Conference Report on H. 3701, the General Appropriation Bill. If I had been present, I would have voted in favor of adopting the Conference Report.
Rep. Nathan Ballentine
The following was received:
Columbia, S.C., June 23, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Bill, having been adopted by both Houses, it was ordered that the title be changed to that of an Act and the Act enrolled for ratification:
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.
Very Respectfully,
President
Received as information.
H. 3702--Conference Report
The General Assembly, Columbia, S.C., June 19, 2015
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, 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 2014-2015 the following amounts:
(1) H51 - Medical University of South
Carolina Children's Hospital $ 25,000,000
(2) H63 - Department of Education
School Bus Lease or Purchase $ 12,610,000
(3) H63 - Department of Education
Integrated Teacher Certification
and Compensation System $ 1,600,000
(4) R44 - Department of Revenue
Integrated Tax System
Implementation $ 6,000,000
(5) K05 - Department of Public Safety
Body Armor Replacement $ 800,000
(6) K05 - Department of Public Safety
Law Enforcement Vehicles $ 1,000,000
(7) B04 - Judicial Department
Disaster Recovery Plan $ 2,500,000
(8) H59 - State Board For Technical and
Comprehensive Education
Trident Technical College
Workforce Training
Equipment $ 1,000,000
(9) H59 - State Board for Technical and
Comprehensive Education
Workforce Pathways
Instructional Materials $ 1
(10) H59 - State Board for Technical and
Comprehensive Education
Tri-County Technical College
Engineering and Industrial
Technology Program $ 1,500,000
(11) H59 - State Board for Technical and
Comprehensive Education
Central Carolina Technical
College Workforce Center $ 1,300,000
(12) H59 - State Board for Technical and
Comprehensive Education
Orangeburg Calhoun Technical
College Upgrade Technology
Infrastructure and Security
Systems $ 1,000,000
(13) H09 - The Citadel
Deas Hall and Equipment $ 966,484
(14) H27 - University of South Carolina -
Columbia Campus
Honors College Technology
Equipment $ 500,000
(15) H27 - University of South Carolina -
Columbia Campus
Honors College Laboratory
Equipment $ 430,000
(16) H47 - Winthrop University
Withers Roof $ 2,000,000
(17) P28 - Department of Parks, Recreation
and Tourism
State Aquarium Renovation $ 1,000,000
(18) E28 - Election Commission
Presidential Preference Primaries $ 2,200,000
(19) H59 - State Board for Technical and
Comprehensive Education
Northeastern Technical College -
Industrial Training Center
Renovations $ 1,500,000
(20) H59 - State Board for Technical and
Comprehensive Education
York Technical College - Loop
Road Completion $ 1,400,000
(21) H59 - State Board for Technical and
Comprehensive Education
Horry-Georgetown Technical
College - Advanced
Manufacturing Center $ 1,500,000
(22) H59 - State Board for Technical and
Comprehensive Education
Aeronautical Training Center $ 20,000,000
(23) H59 - State Board for Technical and
Comprehensive Education
Piedmont Technical College -
Phase III Center for
Advanced Manufacturing $ 1,500,000
(24) H59 - State Board for Technical and
Comprehensive Education
Central Carolina Technical
College - Kershaw Campus $ 1,500,000
(25) H59 - State Board for Technical and
Comprehensive Education
Denmark Technical College -
Building #200 and #300
Renovations $ 1,400,000
(26) H59 - State Board for Technical and
Comprehensive Education
Technical College of the
Lowcountry - New River
Campus Road
Improvements $ 500,000
(27) H09 - The Citadel
Byrd Hall Organic Chemistry Lab
Renovation $ 1,355,300
(28) H12 - Clemson University - Education
and General
Business and Behavioral
Science Building $ 5,000,000
(29) H15 - University of Charleston
Stern Center Repurposing $ 1,750,000
(30) H21 - Lander University
Montessori Education Building $ 1,000,000
(31) H27 - University of South Carolina -
Columbia Campus
Old Law School Renovation $ 3,500,000
(32) H27 - University of South Carolina -
Columbia Campus
South Caroliniana Library $ 5,000,000
(33) P28 - Department of Parks,
Recreation and Tourism
State Welcome Centers
Renovations $ 1,000,000
(34) J02 - Department of Health and
Human Services
MMIS Replacement $ 5,039,189
(35) J02 - Department of Health and
Human Services
Statewide Telemedicine
Infrastructure $ 1
(36) H67 - Educational Television
Commission
Capital Needs $ 1,000,000
(37) H03 - Commission on Higher
Education
Out-of-State Veteran Tuition
Reimbursement-Colleges $ 1
(38) P16 - Department of Agriculture
Consumer Protection Equipment $ 1,000,000
(39) U12 - Department of Transportation
Facility Maintenance and
Renovation $ 870,000
(40) P20 - Clemson University - PSA
Agriculture and Natural Resources
Field Facilities $ 1,500,000
(41) H18 - Francis Marion University
Student Academic System
Computer Software $ 1,500,000
(42) H17 - Coastal Carolina University
Maintenance: Critical Care and
Repair (1:1 Match) $ 479,723
(43) H24 - South Carolina State
University
Maintenance and Demolition $ 646,817
(44) H29 - University of South Carolina
Aiken Campus
Maintenance: Critical Care and
Repair (1:1 Match) $ 342,807
(45) H34 - University of South Carolina
Upstate Campus
Maintenance: Critical Care and
Repair (1:1 Match) $ 476,624
(46) H36 - University of South Carolina
Beaufort Campus
Maintenance: Critical Care and
Repair (1:1 Match) $ 142,154
(47) H37 - University of South Carolina
Lancaster Campus
Maintenance: Critical Care and
Repair (1:1 Match) $ 262,406
(48) H38 - University of South Carolina
Salkehatchie Campus
Maintenance: Critical Care and
Repair (1:1 Match) $ 69,411
(49) H59 - State Board for Technical and
Comprehensive Education
readySC $ 4,249,000
(50) D10 - State Law Enforcement Division
Vehicles $ 900,000
$127,789,918
SECTION 2. Funds appropriated above in Section 1, Item (39) to the Department of Transportation shall be used to fund the Orangeburg District Office Building Renovation, Clarendon County Maintenance Complex Construction, SHEP Greenville/Spartanburg Office Construction, and Lexington Maintenance Complex Construction.
SECTION 3. Of the funds appropriated above in Section 1 to institutions of higher learning entitled "Maintenance: Critical Care and Repair (1:1 Match)", each institution shall use the amount appropriated only for critical repair and related maintenance and/or other critical equipment and systems repair and maintenance that are necessary for the safe and efficient operation of an institution's physical plant in its support of the institution's educational purpose.
Funds must not be used for new construction and may only be utilized by an institution to the extent the funds are matched by the institution for necessary repair and maintenance projects generally.
Matching funds exclude supplemental, capital reserve, lottery, or non-recurring state funds appropriated to an institution either in the current fiscal year or from a prior fiscal year for repair and maintenance or maintenance projects.
Prior to the utilization of these funds, institutions must certify to the Commission on Higher Education, in a manner it prescribes, the extent to which they have met this requirement, including the sources of funds utilized to meet this requirement.
Not later than 120 days after the close of the fiscal year, the Commission on Higher Education shall report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee regarding the utilization of this provision.
Funds not expended in the prior fiscal year may be carried forward into the current fiscal year and utilized for the same purpose, subject to the same matching requirement.
SECTION 4. Of the items contained within this joint resolution, any item funded in the total amount of $1 shall lapse to the general fund on the effective date of this act.
SECTION 5. 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 2014-2015 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. /
Amend title to conform.
Sen. Hugh K. Leatherman, Sr. Rep. W. Brian White Sen. Nikki G. Setzler Rep. Michael A. Pitts Sen. Harvey S. Peeler, Jr. Rep. William Clyburn On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Finlay Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan 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 Murphy
Nanney Newton Norrell Ott Pitts Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Taylor Thayer Tinkler Toole Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Norman
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I had excused leave during the vote on adoption of the Conference Report on H. 3702, the Capital Reserve Fund Bill. If I had been present, I would have voted in favor of adopting the Conference Report.
Rep. Nathan Ballentine
The following was received:
Columbia, S.C., June 23, 2015
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference on the following Joint Resolution, having been adopted by both Houses, it was ordered that it be enrolled for ratification:
H. 3702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE
FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Very respectfully,
President
Received as information.
H. 4230--Conference Report
The General Assembly, Columbia, S.C., June 19, 2015
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4230 (Word version) -- Rep. White: A BILL TO AMEND H. 3701 OF 2015, THE ANNUAL GENERAL APPROPRIATIONS BILL FOR FISCAL YEAR 2015-2016, SO AS TO MAKE SUPPLEMENTAL APPROPRIATIONS BY PROVIDING TARGETED INCREASES IN GENERAL FUND APPROPRIATIONS AND TO MAKE NECESSARY CONFORMING PROVISO AMENDMENTS AND PROVIDE FOR OTHER RELATED MATTERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) The source of revenue appropriated in subsection (B) is:
(1) additional recurring general fund revenue for Fiscal Year 2015-16 totaling $150,000,000 as certified by the Board of Economic Advisors on May 29, 2015; and
(2) reductions in appropriations as contained in SECTION 5 of this act.
(B)(1) P32-Department Of Commerce
Non-Recurring Appropriations
Economic Development
Infrastructure $ 70,000,000
(2) F30-Statewide Employee Benefits
Non-Recurring Appropriations
Bonus Pay $ 23,500,000
From the funds appropriated to Statewide Employee Benefits for Bonus Pay, effective on the first pay date that occurs on or after October 16, 2015, the Department of Administration shall allocate to state agencies $23,500,000 to provide for a one-time lump sum bonus. Each permanent state employee, in a full-time equivalent position, who has been in continuous state service for at least six months prior to July 1, 2015, and who earns less than $100,000 shall receive an $800 one-time lump sum payment. This payment is not a part of the state employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems. This appropriation may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources and the employing agency shall pay the bonus for federal and other funded full-time equivalent positions employees from federal or other funds available to the agency in the proportion that such funds are the source of the employee's salary. The earnings limitation in Proviso 117.55 of H. 3701, R__, Act __ of 2015 does not apply to this bonus.
(3) U12-Department of Transportation
Non-Recurring Appropriations
County Transportation Committee
Road Program $ 70,499,995
The Department of Transportation shall distribute the $70,499,995 appropriated above for the County Transportation Committee Road Program pursuant to Section 12-28-2740 of the 1976 Code. County Transportation Committees shall utilize the funds distributed pursuant to this proviso solely for use on the state-owned secondary road system for paving, rehabilitation, resurfacing, and/or reconstruction, and bridge repair, replacement, or reconstruction. No funds from this allocation shall be used for any road, bridge, or highway that is not part of the state owned system.
Unexpended funds appropriated pursuant to this subsection may be carried forward to succeeding fiscal years and expended for the same purposes.
(4) General Obligation Bond (G.O.)
Bonds Subject To Debt Service Limitation:
Economic Development Bonds $ 16,425,000
(5) L04-Department Of Social Services
Programs And Services
Child Support Enforcement
Other Operating Expenses $ 1
(6) E23-Commission On Indigent Defense
Office Of Circuit Public Defenders
Special Item:
Defense Of Indigents Per Capita $ 1
(7) J02-Department Of Health And
Human Services
Medical Assistance Payment
Case Services
CLTC-Community
Long-Term Care $ 1
(8) J02-Department Of Health And
Human Services
Medical Assistance Payment
Case Services
Coordinated Care $ 1
(9) J02-Department Of Health And
Human Services
Medical Assistance Payment
Case Services
Behavioral Health Services $ 1
SECTION 2. (A) The source of the revenue appropriated in subsection (B) is additional Education Improvement Act revenue for Fiscal Year 2015-16 totaling $21,500,000 as certified by the Board of Economic Advisors on May 29, 2015.
(B)(1) H63-Department Of Education
Education Improvement Act
Modernize Vocational Equipment $ 6,538,722
Reading Coaches $ 4,961,278
EEDA $ 2,400,000
(2) H63-Department Of Education
Education Improvement Act
Non-Recurring Appropriations
Transition Payments $ 7,600,000
SECTION 3. (A) The source of revenue appropriated in subsection (B) is additional unobligated Fiscal Year 2014-15 General Fund surplus revenues totaling the $150,196,281 as certified by the Board of Economic Advisors on May 29, 2015.
(B)(1) E04 - Lieutenant Governor's Office
Predatory Lending Education $ 250,000
Of the funds appropriated in this item for Predatory Lending Education, the Office on Aging shall develop a pilot program to assist
seniors in improving their knowledge about finances and education about predatory lending practices. The pilot shall include an assessment of the financial health of seniors in the pilot area which must be used to identify strategies to address the major concerns found through the assessment. The strategies should include, but are not limited to, the means of building awareness of senior financial resources. The Office on Aging shall provide the results of the pilot, as well as a recommended strategy for any expansion other areas of the State, to the Chairmen of the Senate Finance Committee and the House Ways and Means Committee no later than March 15, 2016.
(2) E24 - Office of Adjutant General
Emergency Management Division
2014 Winter Storm Local
Matching Funds $ 4,117,162
From the funds appropriated in this item for 2014 Winter Storm Local Matching Funds, local governments shall receive allocations to offset storm cleanup expenses resulting from the winter storms during states of emergency declared by Executive Orders 2014-06 and 2014-11. Expenses eligible for reimbursement are those incurred by county and municipal governments and deemed eligible for reimbursement by the Federal Emergency Management Agency (FEMA), but were not reimbursed due to local match requirements. The amount reimbursed to each eligible local government shall be 25% of their Total Non-Federal Aid Share. The intent of the General Assembly is for the local government to pay at least 75% of the Total Non-Federal Aid Share.
(3) U12-Department of Transportation
County Transportation Committee
Road Program $ 145,829,119
The Department of Transportation shall distribute the $145,829,119 appropriated above for the County Transportation Committee Road Program pursuant to Section 12-28-2740 of the 1976 Code. County Transportation Committees shall utilize the funds distributed pursuant to this proviso solely for use on the state-owned secondary road system for paving, rehabilitation, resurfacing, and/or reconstruction, and bridge repair, replacement, or reconstruction. No funds from this allocation shall be used for any road, bridge, or highway that is not part of the state owned system.
Unexpended funds appropriated pursuant to this subsection may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 4. (A) The source of the revenue appropriated in subsection (B) is additional net education lottery proceeds for Fiscal Year 2015-16 totaling $12,000,000 as certified by the Board of Economic Advisors on May 29, 2015.
(B)(1) H03-Commission on Higher Education
Need Based Grants $ 2,600,000
(2) H63-Department of Education
New Bus Purchases $ 2,400,000
SECTION 5. The Fiscal Year 2015-16 appropriation to Aid to Subdivisions Department of Revenue for Distribution to Subdivisions: Aid to Counties-Homestead Exemption Fund (X44) is reduced by $20,425,000.
The first 10,000,000 carried forward from Fiscal Year 2014-15 annual appropriations to Aid to Subdivisions Department of Revenue for Distribution to Subdivisions: Aid to Counties-Homestead Exemption Fund (X44) shall be credited to the Department of Transportation for distribution pursuant to Section 12-28-2740 of the 1976 Code. County Transportation Committees shall utilize the funds distributed pursuant to this proviso solely for use on the state-owned secondary road system for paving, rehabilitation, resurfacing, and/or reconstruction, and bridge repair, replacement, or reconstruction. No funds from this allocation shall be used for any road, bridge, or highway that is not part of the state-owned system.
SECTION 6. Excess debt service funds from Fiscal Year 2014-15 must be carried forward and expended in Fiscal Year 2015-16 to pay down general obligation bond debt for which the State (1) is paying the highest rate of interest, (2) will achieve relief in constrained debt capacity, or (3) reduce the amount of debt issued.
SECTION 7. The State Treasurer shall transfer $50,000,000 from general fund non-tax sources to the South Carolina Transportation Infrastructure Bank to be utilized solely to leverage bonds to finance bridge replacement, resurfacing, and rehabilitation projects, and expansion and improvements to existing mainline interstates. The Department of Transportation shall develop and submit a list of bridge and road projects to the bank for its consideration. Transferred funds may not be used for projects approved by the bank prior to July 1, 2015. The bank shall submit all projects proposed to be financed through this provision to the Joint Bond Review Committee for approval prior to financing any proposed project.
SECTION 8. Notwithstanding any provision in this act to the contrary, Horry County may use up to $750,000 of its allocations
pursuant to SECTION 1(B)(3), SECTION 3(B)(3), and SECTION 5 for the Horry-Georgetown Evacuation Route.
SECTION 9. (A) As used in this proviso:
(1) "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.
(2) "Exceptional needs child" means a child:
(a)(i) who has been evaluated in accordance with this state's evaluation criteria, as set forth in S.C. Code Ann. Regs. 43-243.1, and determined eligible as a child with a disability who needs special education and related services, in accordance with the requirements of Section 300.8 of the Individuals with Disabilities Education Act; or
(ii) who has been diagnosed within the last three years by a licensed speech-language pathologist, psychiatrist, or medical, mental health, psychoeducational, or other comparable licensed health care provider as having a neurodevelopmental disorder, a substantial sensory or physical impairment such as deaf, blind, or orthopedic disability, or some other disability or acute or chronic condition that significantly impedes the student's ability to learn and succeed in school without specialized instructional and associated supports and services tailored to the child's unique needs; and
(b) the child's parents or legal guardian believes that the services provided by the school district of legal residence do not sufficiently meet the needs of the child.
(3) "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.
(4) "Nonprofit scholarship funding organization" means a charitable organization that:
(a) is exempt from federal tax pursuant to 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-seven percent of its annual contributions and gross revenue received during a particular year to provide grants for tuition to children enrolled in an eligible school meeting the criteria of this proviso, and incurs administrative expenses annually, after its first year of operation, of not more than three percent nor more than $200,000 in the aggregate, whichever is less, of its annual contributions and revenue for a particular year to cover operational costs;
(c) allocates all of its funds used for grants on an annual basis to children who are exceptional needs students;
(d) does not provide grants solely for the benefit of one school, and if the Department determines that the nonprofit scholarship funding organization is providing grants to one particular school, the tax credit allowed by this proviso may be disallowed;
(e) does not have as a volunteer, contractor, consultant, fundraiser or 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 proviso from the organization within one year of the date the parent, legal guardian, or member of their immediate family became a board member;
(f) does not have as a member of its governing board or an employee, volunteer, contractor, consultant, or fundraiser who has been convicted of a felony;
(g) does not release personally identifiable information pertaining to students or donors or use information collected about donors, students or schools for financial gain; and
(h) must not place conditions on schools enrolling students receiving scholarships to limit the ability of the schools to enroll students accepting grants from other nonprofit scholarship funding organizations.
(5) "Parent" means the natural or adoptive parent or legal guardian of a child.
(6) "Person" means an individual, partnership, corporation, or other similar entity.
(7) "Qualifying student" means a student who is an exceptional needs child, 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 applicable school year.
(8) "Resident public school district" means the public school district in which a student resides.
(9) "Transportation" means transportation to and from school only.
(10) "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, textbook fees, and school-related transportation.
(11) "Department" means the Department of Revenue.
(B)(1) A person is entitled to a tax credit against income taxes imposed pursuant to Chapter 6, Title 12, or bank taxes imposed pursuant to Chapter 11, Title 12 for the amount of cash and the monetary value of any publicly traded securities the person contributes to a nonprofit scholarship funding organization up to the limits of this proviso if:
(a) the contribution is used to provide grants for tuition to exceptional needs children enrolled in eligible schools who qualify for these grants under the provisions of this proviso; and
(b) the person does not designate a specific child or school as the beneficiary of the contribution.
(2) An individual is entitled to a refundable tax credit against income taxes imposed pursuant to Chapter 6, Title 12, or bank taxes imposed pursuant to Chapter 11, Title 12 for the amount of cash and the monetary value of any publicly traded securities, not exceeding ten thousand dollars per child, the individual contributes as tuition for exceptional needs children within their custody or care and enrolled in eligible schools who qualify for these grants under the provisions of this proviso. The cumulative maximum total for credits authorized by this subitem may not exceed four million dollars. However, if a child within the care and custody of an individual receives a tuition scholarship from a nonprofit scholarship funding organization, then the individual may only claim a credit equal to the difference of ten thousand dollars or the cost of tuition, whichever is lower, and the amount of the scholarship.
(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 qualifying students with exceptional needs to attend an independent school. Before awarding any grant, a scholarship funding organization must receive written documentation from the
parent documenting that the qualifying student is an exceptional needs child. Upon approving the application, the scholarship funding organization must issue a check to the eligible school in the name of the qualifying student. In the event that the qualifying student leaves or withdraws from the school for any reason before the end of the semester or school year and does not reenroll within thirty days, then the eligible school must return a prorated amount of the grant to the scholarship funding organization based on the number of days the qualifying student was enrolled in the school during the semester or school year within sixty days of the qualifying student's departure.
(D)(1)(a) The tax credits authorized by subsection (B) may not exceed cumulatively a total of twelve million dollars for contributions made on behalf of exceptional needs students. If the department determines that the total of such credits claimed by all taxpayers exceeds either limit amount, it shall allow credits only up to those amounts on a first come, first served basis.
(b) The department shall establish an application process to determine the amount of credit available to be claimed. The receipt of the application by the department shall determine priority for the credit. Subject to the provisions of item (5), contributions must be made on or before June 30, 2016, in order to claim the credit. The credit must be claimed on the return for the tax year that the contribution is made.
(2) A taxpayer may not claim more than sixty percent of their total tax liability for the year in contribution toward the tax credit authorized by subsection (B)(1). This credit is not refundable.
(3) If a taxpayer deducts the amount of the contribution on the taxpayer's federal return and claims the credit allowed by this proviso, then the taxpayer must add back the amount of the deduction for purposes of South Carolina income taxes.
(4) The department 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 the credit limit is met at any time during Fiscal Year 2015-16.
(5) A person only may claim a credit pursuant to subsection (B) for contributions made between July 1, 2015, and June 30, 2016.
(E) A corporation or entity entitled to a credit under subsection (B) may not convey, assign, or transfer the credit authorized by this proviso 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) By August 1, 2015, each independent school must apply to the Education Oversight Committee to be considered an eligible institution for which it may receive contributions from a nonprofit scholarship funding organization for which the tax credit allowed by this proviso is allowed. 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)(1), and shall publish an approved list of such schools meeting the criteria. If an independent school does not apply to be an eligible school, the independent school may not be published as an approved school, and contributions to that school shall not be allowed for purposes of the credit allowed by this proviso. The Education Oversight Committee must publish the approved list of schools on its website by September first of each year, and the list must include their names, addresses, telephone numbers, and, if available, website addresses. Also, the score reports and audits received by the Education Oversight Committee pursuant to items (2)(b) and (c) must be published with the list. The Education Oversight Committee shall summarize or redact the score reports if necessary to prevent the disclosure of personally identifiable information. 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) An independent school's application for consideration as an eligible institution must contain:
(a) the number and total amount of grants received from each nonprofit scholarship funding organization in the preceding fiscal year;
(b) Student test scores, by category, on national achievement or state standardized tests, or both, for all grades tested and administered by the school receiving or entitled to receive scholarship grants pursuant to this proviso in the previous fiscal year;
(c) a copy of a compilation, review, or compliance audit of the organization's financial statements, conducted by a certified public accounting firm; and
(d) a certification by the independent school that it meets the definition of an eligible school as that term is defined in subsection (A)(1) and that the report is true, accurate, and complete under penalty of perjury in accordance with Section 16-9-10.
(3) Any independent school not determined to be an eligible school pursuant to 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)(1)(d).
(H)(1) By August first of each year, each nonprofit scholarship funding organization must apply to the department to be considered an eligible organization for which its contributors are allowed the tax credit allowed by this proviso. If a nonprofit scholarship funding organization does not apply, the organization may not be published as an approved organization, and contributions to that organization shall not be allowed for purposes of the credit allowed by this proviso. A nonprofit scholarship funding organization's application must contain:
(a) the number and total amount of grants issued to eligible schools in the preceding fiscal year;
(b) for each grant issued to an eligible school in the preceding fiscal year, the identity of the school and the amount of the grant;
(c) an itemization and detailed explanation of any fees or other revenues obtained from or on behalf of any eligible schools;
(d) a copy of the organization's Form 990 or other comparable federal submission that indicates the provisions of the Internal Revenue Code under which the organization has been granted exempt status for purposes of federal taxation;
(e) a copy of a compilation, review, or audit of the organization's financial statements, conducted by a certified public accounting firm;
(f) the criteria and eligibility requirements for scholarship awards; and
(g) a certification by the organization that it meets the definition of a nonprofit scholarship funding organization as that term is defined in subsection (A)(4) and that the report is true, accurate, and complete under penalty of perjury in accordance with Section 16-9-10.
(2) By receiving the application materials and approving the organization as an eligible organization pursuant to item (1), the department is not determining that the organization meets all of the requirements of a qualified nonprofit scholarship funding organization and the organization remains subject to examination as provided for pursuant to subsection (I).
(3) The department has authority to disclose the names of qualifying nonprofit scholarship funding organizations to the Education Oversight Committee. The department also may disclose to the Education Oversight Committee the names of organizations that applied but were not qualified by the department and those organizations whose eligibility has been revoked in accordance with subsection (I)(2), as well as the reason the application of the organization was not accepted or the reason its qualification was revoked.
(4) By September first of each year, the Education Oversight Committee must publish on its website a list of all qualifying nonprofit scholarship funding organizations, provided by the department, to include their names, addresses, telephone numbers, and, if available, website addresses. Also, the results of the audit required by item (1)(e) must be published with the list.
(I)(1) The department has authority to oversee, audit, and examine the nonprofit scholarship funding organizations, including determining whether the nonprofit scholarship funding organization is being operated in a manner consistent with the requirements for an IRC Section 501(c)(3) organization or is in compliance with any other provision of this proviso.
(2)(a) If at any time during the year, the department has evidence, through audit or otherwise, that a nonprofit scholarship funding organization is not being operated in a manner consistent with the requirements for operating an IRC Section 501(c)(3) organization or is not in compliance with any other provision of this proviso, the department may immediately revoke the organization's participation in the program and must notify the organization and the Education Oversight Committee in writing of the revocation.
(b) Notice of Revocation may be provided to the organization by personal delivery to the organization, by first class mail to the last known address of the organization, or by other means reasonably designed to provide notice to the organization.
(c) Any donations made following the date the notice of revocation is received by the organization or in the case of delivery by mail ten days after the notice of revocation was mailed, will not qualify
for the credit and the donated funds must be returned to the donor by the organization. This proviso shall not limit the department's authority to deny any tax credit or other benefit provided by this proviso if the circumstances warrant.
(d)(i) Within thirty days after the day on which the organization is notified of the revocation, the organization may request a contested hearing before the Administrative Law Court. Within thirty days after a request for a contested case hearing is received by the Administrative Law Court, an administrative law judge shall hold the contested case hearing and determine whether the revocation was reasonable under the circumstances. The department has the burden of proof of showing that the revocation was reasonable under the circumstances. The revocation is "reasonable" if the department has some credible evidence to believe that the organization is not being operated in a manner consistent with the requirements for operating an IRC Section 501(c)(3) organization or is not in compliance with any other provision of this proviso. The decision made by the administrative law judge is final and conclusive and may not be reviewed by any court. If the organization does not request a contested case hearing within thirty days of the immediate revocation, the revocation shall become permanent.
(ii) If the administrative law judge determines that the revocation was reasonable, the administrative law judge shall remand the case to the department to issue a department determination for permanent revocation within the time period determined by the judge. The organization may appeal this department determination in accordance with Section 12-60-460. At the contested case hearing on the department determination, the parties can raise new issues and arguments in addition to those issues and arguments previously presented at the revocation hearing.
(iii) If the administrative law judge determines that immediate revocation is not reasonable, the revocation shall be lifted and the organization may resume accepting donations and award scholarships hereunder. The department may still issue a department determination in accordance with Section 12-60-450(E)(2).
(iv) If at any time during the process, the department believes the organization is in compliance, the department, in its sole discretion, may reinstate the organization and notify the Education Oversight Committee.
(v) Following the permanent revocation of a nonprofit scholarship funding organization, the Education Oversight Committee
has the authority to oversee the transfer of donated funds of the revoked organization to other nonprofit scholarship funding organizations.
(J) A nonprofit scholarship funding organization may transfer funds to another nonprofit scholarship funding organization, especially in the event that the organization cannot distribute the funds in a timely manner or if the organization ceases to exist. None of the funds that are transferred by one nonprofit scholarship funding organization to another may be considered by the former organization when calculating its administrative expenses.
SECTION 10. The supplemental appropriations, reductions, and provisions contained in this act shall be combined with the provisions of H. 3701 of 2015, the general appropriations bill for Fiscal Year 2015-16, and be incorporated into Part IA and Part IB of the detail base budget for the succeeding fiscal year.
SECTION 11. All acts or parts of acts inconsistent with any of the provisions of Sections 1 through 9 of this act are suspended for Fiscal Year 2015-16.
SECTION 12. If any part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every part, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other parts, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. Except as otherwise specifically provided, this act takes effect July 1, 2015. /
Amend title to read:
/ TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2015-2016, AND TO PROVIDE FOR OTHER RELATED MATTERS. /
Sen. Hugh K. Leatherman, Sr. Rep. W. Brian White Sen. Nikki G. Setzler Rep. Michael A. Pitts Sen. Harvey S. Peeler, Jr. Rep. William Clyburn On Part of the Senate. On Part of the House.
Rep. WHITE explained the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Clyburn Cobb-Hunter Cole Corley H. A. Crawford Crosby Daning Delleney Douglas Duckworth Erickson Felder Forrester Funderburk Gagnon Gambrell George Gilliard Goldfinch Govan Hamilton Hardee Hart Hayes Henderson Henegan Hicks Hill Hiott Hixon Hodges Hosey Howard Huggins Jefferson Johnson Jordan 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 Murphy Nanney Neal Newton Norman Norrell Ott Parks Putnam Ridgeway Riley Rivers Rutherford Ryhal Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Southard Spires Stavrinakis Stringer Tallon Thayer Tinkler Toole Weeks
Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
I had excused leave during the vote on adoption of the Conference Report on H. 4230, the Supplemental Appropriation Bill. If I had been present, I would have voted in favor of adopting the Conference Report.
Rep. Nathan Ballentine
I inadvertently voted on H. 4230 and should have recused myself due to a possible conflict of interest.
Rep. Joe Daning
The Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for ratification.
Rep. G. M. SMITH moved that the House do now adjourn, which was agreed to.
At 3:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R. 126, H. 3525 (Word version)) -- Reps. Sandifer, Forrester and Hayes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 23, TITLE 58 SO AS TO PROVIDE FOR THE REGULATION OF TRANSPORTATION NETWORK COMPANIES; TO AMEND SECTION 58-4-60, AS
AMENDED, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE EXPENSES OF THE TRANSPORTATION DEPARTMENT BE BORNE BY ASSESSMENTS TO TRANSPORTATION NETWORK COMPANIES IN ADDITION TO EXISTING SOURCES; AND TO AMEND SECTION 58-23-50, AS AMENDED, RELATING TO EXEMPTIONS FROM REGULATION OF MOTOR VEHICLE CARRIERS BY THE PUBLIC SERVICE COMMISSION, SO AS TO EXEMPT TRANSPORTATION NETWORK COMPANIES.
(R. 127, H. 3701 (Word version)) -- Ways and Means Committee: AN ACT 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.
(R. 128, H. 3702 (Word version)) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
(R. 129, H. 4014 (Word version)) -- Reps. Gambrell, Gagnon, Hill, Putnam, Thayer and White: AN ACT TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO CHANGE THE METHOD OF ELECTING FOUR OF THE FIVE MEMBERS OF THE ANDERSON COUNTY SCHOOL DISTRICT 3 BOARD OF TRUSTEES FROM RESIDENCY AREAS TO SINGLE-MEMBER DISTRICTS.
(R. 130, H. 4230 (Word version)) -- Rep. White: AN ACT TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2015-2016, AND TO PROVIDE FOR OTHER RELATED MATTERS.
(R. 131, H. 4266 (Word version)) -- Reps. Lucas and White: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING
AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2015-2016 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT, TO SUSPEND A PROVISION, AND TO PROVIDE FOR THE DURATION OF THE CONTINUING AUTHORITY.
The Senate returned to the House with concurrence the following:
H. 4361 (Word version) -- Reps. R. L. Brown, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Jordan, 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, Murphy, 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, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF THE REVEREND DEPAYNE MIDDLETON-DOCTOR OF CHARLESTON COUNTY, TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS, AND TO URGE THE CHARLESTON COUNTY COUNCIL AND CHARLESTON COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES TO RENAME THE ST. PAUL'S LIBRARY BRANCH OF THE CHARLESTON COUNTY PUBLIC LIBRARY IN HOLLYWOOD THE "DEPAYNE MIDDLETON-DOCTOR/ST. PAUL'S LIBRARY."
H. 4356 (Word version) -- Reps. Lucas, Bannister, Rutherford and Anderson: A CONCURRENT RESOLUTION TO PROVIDE THAT IN ADDITION
TO THE MATTERS WHICH MAY BE CONSIDERED BY THE GENERAL ASSEMBLY AFTER JUNE 18, 2015, PURSUANT TO H. 4274 OF 2015, LEGISLATION CONCERNING THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA AND SURROUNDING ARRANGEMENT LOCATED AT THE CONFEDERATE SOLDIER MONUMENT ON THE GROUNDS OF THE STATE CAPITOL COMPLEX ALSO MAY BE INTRODUCED, RECEIVED, AND CONSIDERED BY EACH BODY OF THE GENERAL ASSEMBLY PRIOR TO SINE DIE ADJOURNMENT.
At 3:33 p.m. the House, in accordance with the motion of Rep. COBB-HUNTER, adjourned in memory of Senator Clementa C. Pinckney of Jasper County.
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