The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Psalm 25:5: "You are the God of my salvation; for you I wait all day long."
Let us pray. Dear Heavenly Father, because You have provided us with many blessings, help us to wait as long as it takes for Your blessings and care. Come quickly, Lord, to our aid in blessing these Representatives and staff. Give these men and women gratitude for opening Your hand to them. Bless our Nation, President, State, Governor, Speaker, staff, and all who labor in these Halls of Government. Protect our defenders of freedom at home and abroad as they protect us. Heal the wounds, those seen and those hidden, of those 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 yesterday, the SPEAKER ordered it confirmed.
Rep. TALLON moved that when the House adjourns, it adjourn in memory of Fred "Worry" Kirby, which was agreed to.
The following was received:
Columbia, S.C., May 18, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 178, S. 1016 by a vote of 39 to 3:
(R. 178, S. 1016 (Word version)) -- Senators Cleary, Jackson, J. Matthews, Campbell, Davis, Scott, Turner, Rankin, Alexander and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" BY ADDING CHAPTER 24 TO TITLE 40 SO AS TO ESTABLISH CERTAIN REQUIREMENTS TO DISPENSE SPECTACLES OR CONTACT LENSES.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 18, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the Veto by the Governor on R. 182, H. 4717 by a vote of 39 to 3:
(R. 182, H. 4717 (Word version)) -- Reps. White, Lucas, Hiott, Simrill, G. M. Smith, Lowe, Whitmire, Taylor, George, V. S. Moss, J. E. Smith, M. S. McLeod, Bowers, Corley, Parks, McKnight, Douglas, Knight, Erickson, Sandifer, Willis, Kirby, Clary, Cobb-Hunter, Hardee, Duckworth, Johnson, Limehouse, Clyburn, Bales, Horne, Stavrinakis, Hayes, Yow, Neal, Kennedy, Newton, Tinkler, Riley, Howard, King, Henegan, Williams, Anthony, Clemmons, Crosby, Cole, Daning, Dillard, Forrester, Funderburk, Gambrell, Herbkersman, Hixon, Hosey, Loftis, Long, Pitts, Rivers, Rutherford, Ryhal, G. R. Smith, Wells, W. J. McLeod, Ridgeway, G. A. Brown, Bamberg, Hodges, Alexander, Thayer, McEachern, Gagnon, Whipper, R. L. Brown, Jefferson, Anderson, Spires and Hicks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO CREATE THE "SOUTH CAROLINA FARM AID FUND" TO ASSIST FARMERS WHO HAVE SUFFERED AT LEAST A FORTY PERCENT LOSS OF AGRICULTURAL COMMODITIES
AS A RESULT OF THE OCTOBER 2015 FLOOD, TO PROVIDE THAT THE FUND MUST BE ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE, TO CREATE A FARM AID ADVISORY BOARD TO MAKE RECOMMENDATIONS, TO SPECIFY ELIGIBILITY AND GRANT AMOUNTS, TO APPROPRIATE FUNDS FROM THE CAPITAL RESERVE FUND TO THE FUND, AND TO PROVIDE FOR THE DISSOLUTION OF THE FUND.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 18, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 277:
S. 277 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "STATE TELECOM EQUITY IN FUNDING ACT" BY ADDING SECTION 58-9-2515 SO AS TO CLARIFY THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION OVER CERTAIN PROVIDERS REGARDING TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PEOPLE; BY ADDING SECTION 58-9-2535 SO AS TO PROVIDE FOR THE MANNER OF ASSESSING AND COLLECTING DUAL PARTY RELAY CHARGES BY LOCAL EXCHANGE PROVIDERS, COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, AND VOICE OVER INTERNET PROTOCOL SERVICE PROVIDERS, AMONG OTHER THINGS; TO AMEND SECTION 58-9-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF TELEPHONE SERVICE, SO AS TO REVISE THE DEFINITIONS OF "BASIC LOCAL EXCHANGE TELEPHONE SERVICE" AND "CARRIER OF LAST RESORT"; TO AMEND SECTION 58-9-280, AS AMENDED, RELATING TO THE UNIVERSAL SERVICE FUND FOR CARRIERS OF LAST RESORT, SO AS TO PROVIDE FOR THE TRANSITION OF THE INTERIM LOCAL EXCHANGE CARRIER
FUND INTO THE UNIVERSAL SERVICE FUND, TO LIMIT THE SIZE OF THE UNIVERSAL SERVICE FUND, AND TO REQUIRE VOICE OVER INTERNET PROTOCOL PROVIDERS, COMMERCIAL MOBILE RADIO SERVICE PROVIDERS, AND PREPAID WIRELESS SERVICE PROVIDERS TO CONTRIBUTE TO THE UNIVERSAL SERVICE FUND; TO AMEND SECTION 58-9-576, AS AMENDED, RELATING TO CERTAIN STAND-ALONE BASIC RESIDENTIAL LINE RATES, SO AS TO PROVIDE FOR THE TERMINATION OF THE RATES FIVE YEARS AFTER THEY BECOME EFFECTIVE; TO AMEND SECTION 58-9-2510, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PEOPLE, SO AS TO REVISE THESE DEFINITIONS AND PROVIDE ADDITIONAL NECESSARY DEFINITIONS; TO AMEND SECTION 58-9-2530, AS AMENDED, RELATING TO THE OPERATING FUND FOR A SYSTEM OF DUAL PARTY RELAY DEVICES AND RELATED TELECOMMUNICATIONS DEVICES, SO AS TO IMPOSE CERTAIN UNIFORM-RELATED SURCHARGES ON LOCAL EXCHANGE PROVIDERS; AND TO REPEAL SECTION 58-9-2540 RELATING TO AN ADVISORY COMMITTEE CONCERNING STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE.
and has ordered the Bill enrolled for ratification.
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 18, 2016
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3114. The Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3114 (Word version) -- Reps. Nanney, Hicks, Allison, Atwater, Ballentine, Bannister, Bingham, Brannon, Burns, Chumley, Clary, Corley,
H. A. Crawford, Crosby, Daning, Delleney, Erickson, Forrester, Gagnon, Goldfinch, Hamilton, Henderson, Herbkersman, Hiott, Huggins, Kennedy, Limehouse, Loftis, Long, McCoy, Merrill, D. C. Moss, Newton, Pitts, Pope, Quinn, Ryhal, Sandifer, G. M. Smith, G. R. Smith, Stringer, Tallon, Taylor, Thayer, Yow, Wells, Willis, Hixon, Putnam, Rivers, V. S. Moss, Whitmire, Bedingfield, Hill, Duckworth and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 41, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PAIN CAPABLE UNBORN CHILD PROTECTION ACT", TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY, TO DEFINE NECESSARY TERMS, TO REQUIRE A PHYSICIAN TO CALCULATE THE PROBABLE POST FERTILIZATION AGE OF AN UNBORN CHILD BEFORE PERFORMING OR INDUCING AN ABORTION, TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED IF THE PROBABLE POST FERTILIZATION AGE OF THE UNBORN CHILD IS TWENTY OR MORE WEEKS, TO PROVIDE FOR EXCEPTIONS, TO REQUIRE CERTAIN REPORTING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY FACILITIES IN WHICH ABORTIONS ARE PERFORMED, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE PUBLIC REPORTS THAT PROVIDE DATA ON ABORTIONS PERFORMED IN THE STATE AND TO PROMULGATE REGULATIONS, TO CREATE CRIMINAL PENALTIES, AND TO PROVIDE THE ACT DOES NOT IMPLICITLY OR OTHERWISE REPEAL ANOTHER PROVISION OF LAW.
Very respectfully,
President
Received as information.
Rep. YOW, from the Chesterfield Delegation, submitted a favorable report on:
S. 1297 (Word version) -- Senator Sheheen: A BILL TO AMEND ACT 185 OF 1999, RELATING TO PER DIEM PAYMENTS FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, TO PROVIDE THAT THE BOARD MAY ADJUST THE AMOUNT
OF THE PER DIEM PAYMENTS AND TO PROVIDE FOR THE EFFECTIVE DATE OF THE ADJUSTED RATES.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 484 (Word version) -- Senators Shealy, Jackson, Cleary and Rankin: A BILL TO AMEND SECTION 59-10-310 OF THE 1976 CODE, RELATING TO THE ESTABLISHMENT OF ELEMENTARY SCHOOL FOOD SERVICE MEALS AND COMPETITIVE FOOD REQUIREMENTS, TO PROVIDE THAT ALL SCHOOL SERVICE MEALS AND COMPETITIVE FOODS PROVIDED IN KINDERGARTEN THROUGH TWELFTH GRADE DURING THE ACADEMIC SCHOOL YEAR MUST MEET OR MAY EXCEED THE NUTRITIONAL REQUIREMENTS ESTABLISHED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE, TO PROVIDE THAT A SCHOOL DISTRICT BOARD OF TRUSTEES MAY ADOPT A MORE RESTRICTIVE POLICY AND THE POLICY DOES NOT RESTRICT THE FOOD A PARENT OR GUARDIAN MAY PROVIDE FOR STUDENT CONSUMPTION AT SCHOOL, AND TO PROVIDE THAT ALL A LA CARTE ITEMS SOLD FOR STUDENT CONSUMPTION MUST BE INCLUDED ON SCHOOL MENUS IN ADDITION TO THE REGULAR MEAL; TO AMEND SECTION 59-10-330(B), RELATING TO THE COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND THE DEVELOPMENT OF HEALTH WELLNESS PLANS, TO PROVIDE THAT THE SCHOOL HEALTH IMPROVEMENT PLAN MUST REPORT COMPLIANCE WITH THE REQUIREMENTS CONTAINED IN SECTION 59-10-310.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
S. 933 (Word version) -- Senator Johnson: A BILL TO AMEND SECTION 59-18-310(B)(2) OF THE 1976 CODE, RELATING TO ACADEMIC STANDARDS AND ASSESSMENTS, TO PROVIDE A TWO YEAR EXTENSION FOR HIGH SCHOOL DIPLOMA PETITIONS FOR A PERSON WHO IS NO LONGER ENROLLED IN A PUBLIC SCHOOL AND WHO PREVIOUSLY FAILED TO RECEIVE A HIGH
SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING TO MEET THE EXIT EXAM REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
S. 21 (Word version) -- Senators Grooms and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-222 SO AS TO EXPAND VISION STANDARDS AND TRAINING REQUIREMENTS TO ALLOW CERTAIN PERSONS WHO WEAR BIOPTIC TELESCOPIC LENSES FOR VISION ASSISTANCE TO OBTAIN A DRIVER'S LICENSE.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
S. 689 (Word version) -- Senators Hembree and McElveen: A BILL TO AMEND SECTION 56-1-50(B)(2) AND (C) OF THE 1976 CODE, RELATING TO MOTOR VEHICLE BEGINNER'S PERMIT AND VEHICLE OPERATION, TO PROVIDE THAT A PERMITTEE MAY NOT OPERATE A MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE AT ANY UNPERMITTED TIME UNLESS SUPERVISED BY A LICENSED MOTORCYCLE, MOTOR SCOOTER, OR LIGHT MOTOR-DRIVEN CYCLE OPERATOR AND TO PROVIDE THAT THE ACCOMPANYING DRIVER MUST BE WITHIN A SAFE VIEWING DISTANCE OF THE PERMITTEE WHEN THE PERMITTEE IS OPERATING A MOTORCYCLE OR A THREE-WHEEL VEHICLE.
Ordered for consideration tomorrow.
Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:
S. 1111 (Word version) -- Senators Peeler and Grooms: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE PLATES FOR CERTAIN MANUFACTURERS, SO AS TO REVISE THE METHOD BY WHICH THE LICENSE PLATE FEE IS CALCULATED AND
CREDITED; AND TO SET THE LICENSE PLATE FEE FOR 2017 AND 2018.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 685 (Word version) -- Senators Leatherman, Alexander, Campbell, S. Martin, Nicholson and O'Dell: A BILL TO AMEND SECTION 40-22-2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF CHAPTER 22, TITLE 40 CONCERNING THE REGULATION OF ENGINEERS AND SURVEYORS, SO AS TO PROVIDE THAT THE PRACTICE OF THE PROFESSION OF ENGINEERING AND SURVEYING IS SUBJECT TO REGULATION BY THIS STATE; TO AMEND SECTION 40-22-10, RELATING TO THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS; TO AMEND SECTION 40-22-20, RELATING TO DEFINITIONS, SO AS TO ADD, REDEFINE, AND DELETE DEFINITIONS; TO AMEND SECTION 40-22-30, RELATING TO ACTIVITIES PROHIBITED WITHOUT A LICENSE, SO AS TO PROHIBIT BROKERING OR COORDINATING ENGINEERING OR SURVEYING SERVICES FOR A FEE; BY ADDING SECTION 40-22-35 SO AS TO SPECIFY THE MANNER IN WHICH A REGISTERED ENGINEER OR SURVEYOR MAY NEGOTIATE A CONTRACT FOR HIS PROFESSIONAL SERVICES; TO AMEND SECTION 40-22-50, RELATING TO DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD SHALL MAINTAIN AND UPDATE, RATHER THAN ANNUALLY PREPARE, A ROSTER OF INFORMATION CONCERNING PROFESSIONAL ENGINEERS AND SURVEYORS; TO AMEND SECTION 40-22-60, RELATING TO THE DUTY OF THE BOARD TO PROMULGATE CERTAIN REGULATIONS, SO AS TO UPDATE A CROSS REFERENCE AND TO PROVIDE ADDITIONAL DUTIES WITH RESPECT TO PROVIDING ADVICE AND RECOMMENDATIONS CONCERNING STATUTORY REVISIONS TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO AMEND SECTION 40-22-75, RELATING TO EMERGENCY WAIVER OF LICENSE REQUIREMENTS, SO AS TO LIMIT APPLICATION OF THIS WAIVER TO DECLARED NATIONAL OR STATE EMERGENCIES, AND TO PROVIDE A
WAIVER MAY NOT EXCEED NINETY DAYS; TO AMEND SECTION 40-22-110, RELATING TO THE AUTOMATIC SUSPENSION OF THE LICENSE OF MENTALLY INCOMPETENT PERSONS, SO AS TO DELETE A REDUNDANCY; TO AMEND SECTION 40-22-220, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS AN ENGINEER, SO AS TO REVISE EDUCATION REQUIREMENTS; TO AMEND SECTION 40-22-222, RELATING TO LICENSING OF EXISTING ENGINEERS, SO AS TO ADD AN OPTIONAL ACCREDITATION SOURCE FOR AN EDUCATION REQUIREMENT; TO AMEND SECTION 40-22-225, RELATING TO ELIGIBILITY REQUIREMENTS FOR LICENSURE AS A SURVEYOR, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-230, RELATING TO APPLICATION REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-22-250, RELATING TO A CERTIFICATE OF AUTHORIZATION TO PRACTICE AS A FIRM, SO AS TO REVISE REQUIREMENTS FOR THE CERTIFICATE AND TO PROVIDE REQUIREMENTS THROUGH WHICH A LICENSEE MAY MAINTAIN A BRANCH OFFICE; TO AMEND SECTION 40-22-260, RELATING TO TEMPORARY LICENSES, SO AS TO REVISE CIRCUMSTANCES IN WHICH THE DEPARTMENT MAY GRANT A TEMPORARY LICENSE TO AN OUT-OF-STATE FIRM, AND TO PROVIDE REQUIREMENTS FOR SUBMISSION OF PLANS PRODUCED AND SUBMITTED FOR PERMITTING BY A PERSON HOLDING A TEMPORARY CERTIFICATE OF AUTHORIZATION; TO AMEND SECTION 40-22-270, RELATING TO SEALS OF LICENSEES, SO AS TO PROVIDE THE SEAL AND SIGNATURE OF A LICENSEE ON A DOCUMENT CONSTITUTES A CERTIFICATION THAT THE DOCUMENT WAS PREPARED BY THE LICENSEE OR UNDER HIS DIRECT SUPERVISION, AMONG OTHER THINGS; TO AMEND SECTION 40-22-280, AS AMENDED, RELATING TO EXCEPTIONS FROM THE APPLICABILITY OF THE CHAPTER, SO AS TO MODIFY THE EXEMPTIONS; AND TO AMEND SECTION 40-22-290, RELATING TO "TIER A" SURVEYING, SO AS TO EXEMPT THE CREATION OF NONTECHNICAL MAPS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
S. 280 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-11-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL STATEMENTS AND NET WORTH REQUIREMENTS FOR GENERAL CONTRACTORS AND MECHANICAL CONTRACTORS, SO AS TO ADJUST THE NET WORTH REQUIREMENTS FOR LICENSURE AND LICENSE RENEWAL, AND TO DELETE OBSOLETE LANGUAGE.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1177 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 40-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING THE PROFESSIONAL LICENSURE OF ARCHITECTS, AND TO AMEND SECTION 40-3-230, RELATING TO TRAINING REQUIREMENTS FOR THE PROFESSIONAL LICENSURE OF ARCHITECTS, BOTH SO AS TO REPLACE REFERENCES TO THE "INTERN DEVELOPMENT PROGRAM" WITH REFERENCES TO THE "ARCHITECTURAL EXPERIENCE PROGRAM"; AND TO AMEND SECTION 40-3-240, RELATING TO REQUIREMENTS FOR TAKING THE ARCHITECTURAL REGISTRATION EXAMINATION, SO AS TO REPLACE REQUIREMENTS CONCERNING PARTICIPATION IN THE INTERN DEVELOPMENT PROGRAM WITH REQUIREMENTS CONCERNING PARTICIPATION IN THE ARCHITECTURAL EXPERIENCE PROGRAM OR CERTAIN PROGRAMS SANCTIONED BY THE NATIONAL COUNCIL ON ARCHITECTURAL REGISTRATION BOARDS.
Ordered for consideration tomorrow.
Rep. SANDIFER, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 1252 (Word version) -- Senators S. Martin, Bryant and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-195 SO AS TO REQUIRE THE STATE FIRE MARSHAL TO ISSUE A LICENSE FOR A COMMUNITY
FIREWORKS DISPLAY IF CERTAIN SAFETY CONDITIONS AND OTHER REQUIREMENTS ARE MET.
Ordered for consideration tomorrow.
Rep. BALES, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1206 (Word version) -- Senator S. Martin: A JOINT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO RENAME THE DONALDSON BUS CENTER IN GREENVILLE COUNTY TO BE THE "JOE MADDEN BUS CENTER".
Ordered for consideration tomorrow.
The following was introduced:
H. 5372 (Word version) -- Rep. Lucas: A HOUSE RESOLUTION TO HONOR MRS. MILLIE JACKSON FOR HER FIFTY YEARS OF SERVICE AT THORNWELL SCHOOL FOR THE ARTS IN HARTSVILLE, CONGRATULATE HER UPON THE OCCASION OF HER RETIREMENT, AND WISH HER MUCH HAPPINESS AND JOY IN THE YEARS TO COME.
The Resolution was adopted.
The following was introduced:
H. 5373 (Word version) -- Reps. Gilliard, 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, Fry, Funderburk, Gagnon, Gambrell, George, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JASON HALL, A RETAIL MANAGER AT LOWE'S HOME IMPROVEMENT IN CHARLESTON COUNTY, FOR HIS OUTSTANDING SERVICE TO THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 5374 (Word version) -- Reps. George, 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, Fry, Funderburk, Gagnon, Gambrell, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO HONOR AND RECOGNIZE DR. PARMANAND J. DAWANI OF MARION COUNTY, FOUNDER OF HELPING HANDS FREE MEDICAL CLINIC, FOR HIS HUMANITARIAN CONTRIBUTIONS TO HIS COMMUNITY, AND TO WISH HIM ALL THE BEST IN THE COMING YEARS.
The Resolution was adopted.
The following was introduced:
H. 5375 (Word version) -- Reps. Huggins, Atwater, Quinn, Alexander, Allison, Anderson, Anthony, 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, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, 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, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO APPLAUD COACH PHIL SAVITZ OF RIVER BLUFF HIGH SCHOOL ON CAPTURING HIS SEVEN HUNDREDTH SOCCER WIN AND TO SALUTE HIM ON ENLARGING HIS WELL-EARNED STATUS AS SOUTH CAROLINA'S ALL-TIME WINNINGEST COACH.
The Resolution was adopted.
The following was introduced:
H. 5376 (Word version) -- Reps. Chumley, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO HONOR SERGEANT DARREL DAWKINS OF THE WOODRUFF POLICE DEPARTMENT FOR HIS DEDICATED SERVICE TO THE PEOPLE OF THE PALMETTO STATE AND TO CONGRATULATE HIM ON BEING AWARDED THE PURPLE HEART AND MEDAL OF VALOR BY THE WOODRUFF POLICE DEPARTMENT FOR COURAGEOUS SERVICE IN THE LINE OF DUTY.
The Resolution was adopted.
The following was introduced:
H. 5377 (Word version) -- Reps. Bales, Alexander, Allison, Anderson, Anthony, Atwater, 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, Fry, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR TONY MCDONALD, COUNTY ADMINISTRATOR FOR RICHLAND
COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5378 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONGRATULATIONS AND BEST WISHES TO COLONEL THOMAS JOSEPH GREEN, COMMANDER, 12TH LEGAL OPERATIONS DETACHMENT, UPON THE OCCASION OF HIS CHANGE OF COMMAND ON JULY 9, 2016, FOR HIS DISTINGUISHED AND DEDICATED MILITARY SERVICE TO OUR NATION AND THE CONTRIBUTIONS THAT HE HAS MADE TO THE CITIZENS OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Anthony Atwater Bales Bedingfield Bingham Bowers Bradley G. A. Brown R. L. Brown Chumley Clary Clemmons Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Hayes Henderson Herbkersman Hill Hiott Hodges
Horne Hosey Huggins Jefferson Johnson Kennedy King Limehouse Long Lowe Lucas Mack McEachern McKnight W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Ott Parks Pitts Pope Putnam Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. M. Smith G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Tinkler Toole Weeks Whipper White Williams
I came in after the roll call and was present for the Session on Thursday, May 19.
Nathan Ballentine Justin Bamberg Bruce W. Bannister Beth Bernstein Douglas "Doug" Brannon Mike Burns MaryGail Douglas Jerry Govan Chris Hart Leon Howard Patsy Knight Dwight Loftis Peter McCoy, Jr. Mia S. McLeod Joseph Neal Mike Ryhal Anne Thayer Don Wells William R. "Bill" Whitmire Mark Willis Richie Yow Mandy Norrell W. H. "Jay" Jordan
Reps. RUTHERFORD and BANNISTER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 18.
The SPEAKER granted Rep. STRINGER a leave of absence for the day.
The SPEAKER granted Rep. GAMBRELL a leave of absence for the day.
The SPEAKER granted Rep. MERRILL a leave of absence for the day.
The SPEAKER granted Rep. HIXON a leave of absence for the day.
The SPEAKER granted Rep. HENEGAN a leave of absence for the day.
The SPEAKER granted Rep. CLYBURN a leave of absence for the day.
The SPEAKER granted Rep. ERICKSON a leave of absence for the day.
Announcement was made that Dr. Patricia Witherspoon of Columbia was the Doctor of the Day for the General Assembly.
Reps. MURPHY, HORNE, JEFFERSON, KNIGHT, MACK, TINKLER and WHIPPER presented to the House the Pinewood Preparatory School Competitive Cheerleading Team, coaches, and other school officials.
Rep. KENNEDY presented to the House the W. Wyman King Academy Girls Sporting Clays Team, coaches, and other school officials.
Reps. MURPHY, HORNE, JEFFERSON, KNIGHT, MACK, TINKLER and WHIPPER presented to the House the Pinewood Preparatory School Sporting Clays Team, coaches, and other school officials.
The SPEAKER granted Rep. BURNS a temporary leave of absence.
The SPEAKER granted Rep. KIRBY a temporary leave of absence.
The SPEAKER granted Rep. G. M. SMITH a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 5367 (Word version) -- Reps. Loftis, Bannister, Burns, Bedingfield, Hamilton, Robinson-Simpson, Chumley, Dillard, Henderson, Nanney and G. R. Smith: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO RENEWABLE WATER RESOURCES (REWA), FORMERLY KNOWN AS THE WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD THE "NORTHERN GREENVILLE" AREA OF GREENVILLE COUNTY TO REWA'S SERVICE AREA, AND TO EXPRESS THE GENERAL ASSEMBLY'S INTENT TO DESIGNATE A MAP AS THE DOCUMENT OF RECORD ON WHICH REWA'S AMENDED BOUNDARY LINES ARE DELINEATED.
Rep. LOFTIS explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Chumley Clary Clemmons Cole Collins Corley H. A. Crawford Daning Dillard Duckworth Felder Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hardee Hart Hayes Henderson Hiott Hodges Horne Hosey Jefferson Johnson Jordan Kennedy Loftis Long Lowe Lucas McEachern McKnight M. S. McLeod Mitchell D. C. Moss V. S. Moss Nanney Newton Norrell Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Ryhal Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. LOFTIS, with unanimous consent, it was ordered that H. 5367 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 5364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, RELATING TO UNEMPLOYMENT TRUST FUND SOLVENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEDINGFIELD explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bannister Bedingfield Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Chumley Clary Clemmons Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hart Hayes Henderson Hill Hiott Hodges Hosey Howard Huggins Johnson Jordan King Limehouse Loftis Long Lowe Lucas Mack M. S. McLeod W. J. McLeod
Mitchell D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Ryhal Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. BEDINGFIELD, with unanimous consent, it was ordered that H. 5364 (Word version) be read the third time tomorrow.
The SPEAKER granted Rep. RYHAL a leave of absence for the remainder of the day.
The following Joint Resolution was taken up:
H. 5364 (Word version) -- Regulations and Administrative Procedures Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, RELATING TO UNEMPLOYMENT TRUST FUND SOLVENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 4645, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEDINGFIELD explained the Joint Resolution.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Hamilton Hart Hayes Henderson Hill Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Limehouse Loftis Long Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Parks Pope Putnam Quinn Riley Rivers Robinson-Simpson Rutherford Simrill G. R. Smith J. E. Smith Sottile Spires Tallon Taylor Thayer Tinkler Toole Weeks Whipper White Whitmire Williams Willis
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
On motion of Rep. BEDINGFIELD, with unanimous consent, it was ordered that H. 5365 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 5368 (Word version) -- Rep. W. J. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 2 SO AS TO ALLOW TESTIMONY GIVEN TO A COMMITTEE OR SUBCOMMITTEE OF THE GENERAL ASSEMBLY TO BE UNDER OATH AND TO CREATE THE OFFENSE OF CONTEMPT OF THE GENERAL ASSEMBLY AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. W. J. MCLEOD explained the Bill.
Rep. HILL spoke against the Bill.
Rep. HILL moved to commit the Bill to the Committee on Judiciary.
Rep. HIOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Atwater Ballentine Bedingfield Forrester Fry Hamilton Hill Howard Huggins Jordan Knight Long Lowe Nanney
Norman Quinn Taylor Willis
Those who voted in the negative are:
Anderson Anthony Bales Bamberg Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Funderburk Gagnon George Gilliard Goldfinch Hart Hayes Herbkersman Hiott Hodges Hosey Jefferson Johnson Kennedy King Limehouse Loftis Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Neal Newton Parks Pope Ridgeway Riley Rivers Robinson-Simpson Simrill G. R. Smith J. E. Smith Sottile Spires Tallon Thayer Tinkler Toole Weeks Wells Whipper Whitmire Williams Yow
So, the House refused to commit the Bill to the Committee on Judiciary.
Rep. HILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not
been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. J. E. SMITH moved to waive Rule 5.10, pursuant to Rule 5.15.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Anthony Bales Bamberg Bannister Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Funderburk Gagnon George Gilliard Hart Hayes Henderson Herbkersman Hodges Hosey Jefferson Johnson King Knight Limehouse Loftis Lucas Mack McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Newton Parks Pope Ridgeway Riley Rivers Robinson-Simpson Rutherford G. R. Smith J. E. Smith Sottile Spires Tallon Tinkler Weeks Whipper Whitmire Williams
Those who voted in the negative are:
Allison Atwater Ballentine Bedingfield Corley Forrester Fry Hamilton Hill
Hiott Huggins Jordan Kennedy Long Lowe Nanney Norman Putnam Quinn Simrill Taylor Thayer Toole Wells White Willis Yow
So, Rule 5.10 was waived, pursuant to Rule 5.15.
Rep. HILL moved to adjourn debate on the Bill until Tuesday, May 24, which was not agreed to.
Reps. HILL, BALLENTINE, BEDINGFIELD, HAMILTON, WELLS, CORLEY, TAYLOR, NORMAN, TOOLE, NANNEY, FORRESTER, LONG, HERBKERSMAN, FINLAY, THAYER, LOFTIS and QUINN requested debate on the Bill.
The following Joint Resolution was taken up:
S. 1166 (Word version) -- Senators Leatherman, Setzler, Allen, J. Matthews, Jackson, M. B. Matthews, Malloy, Lourie, Williams, Sheheen, Nicholson, Johnson, Scott, Sabb, Hutto and Kimpson: A JOINT RESOLUTION TO PROVIDE FOR ANNUAL INSTALLMENT PAYMENTS BY SOUTH CAROLINA STATE UNIVERSITY ON OUTSTANDING LOANS MADE TO THE UNIVERSITY BY THE STATE OF SOUTH CAROLINA AND LIABILITIES INCURRED PURSUANT TO SECTION 2-65-70, TO PROVIDE FOR WHEN THE INSTALLMENT PAYMENTS ARE DUE, TO PROVIDE FOR THE AMOUNT OF THE INSTALLMENT PAYMENTS, TO PROVIDE FOR A PROCESS THROUGH WHICH THE DEBT INCURRED MAY BE RELIEVED, AND TO EXTEND FLEXIBILITY RELATED TO FURLOUGHS AS PROVIDED IN ACT 120 OF 2015.
Rep. WHITE moved to adjourn debate on the Joint Resolution until Tuesday, May 24, which was agreed to.
On motion of Rep. COLE, with unanimous consent, the following Bill was ordered recalled from the Spartanburg Delegation:
S. 1212 (Word version) -- Senator Bright: A BILL TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO ADD THE RIVER RIDGE PRECINCT, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.
On motion of Rep. GOLDFINCH, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 5366 (Word version) -- Reps. Goldfinch, Clemmons and Hardee: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND DETERMINE WHETHER THE SAMWORTH WILDLIFE MANAGEMENT AREA SHOULD BE REDESIGNATED AS A CATEGORY 2 WATERFOWL AREA, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND METHOD OF APPOINTMENT OF ITS MEMBERS, AND TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3184 (Word version) -- Reps. Pope, Cole, Anderson, Bales, G. A. Brown, Burns, Finlay, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Bernstein, Long, Douglas, Henderson, G. M. Smith, G. R. Smith, McCoy, McKnight, Clary, M. S. McLeod, Thayer,
W. J. McLeod, Weeks, J. E. Smith and Stavrinakis: A BILL TO AMEND SECTION 8-13-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION AND ITS MEMBERSHIP, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE COMMISSION EFFECTIVE JULY 1, 2015, TO CONSIST OF FOUR MEMBERS APPOINTED BY THE GOVERNOR, FOUR MEMBERS ELECTED BY THE SUPREME COURT, TWO MEMBERS ELECTED BY THE HOUSE OF REPRESENTATIVES, AND TWO MEMBERS ELECTED BY THE SENATE, RESPECTIVELY, TO PROVIDE FOR THE QUALIFICATIONS OF THESE MEMBERS, TO PROVIDE FOR OFFICERS OF THE COMMISSION, AND TO PROVIDE FOR THE MEMBERS' TERMS OF OFFICE AND MANNER OF THEIR REMOVAL UNDER CERTAIN CONDITIONS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES, POWERS, AND PROCEDURES OF THE STATE ETHICS COMMISSION, SO AS TO REVISE THESE DUTIES, POWERS, AND PROCEDURES INCLUDING PROVISIONS TO VEST WITH THE COMMISSION THE ADDITIONAL RESPONSIBILITY TO INITIATE OR RECEIVE COMPLAINTS AGAINST MEMBERS OF THE GENERAL ASSEMBLY, ITS STAFF, AND CANDIDATES FOR ELECTION TO THE GENERAL ASSEMBLY, TO INITIATE OR RECEIVE COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OF THE UNIFIED JUDICIAL SYSTEM AND THEIR STAFFS, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST GENERAL ASSEMBLY MEMBERS, STAFF, AND CANDIDATES PURSUANT TO SPECIFIED PROCEDURES AND FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE APPROPRIATE HOUSE OR SENATE ETHICS COMMITTEES FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED, TO PROVIDE FOR THE INVESTIGATION AND PROCESSING OF COMPLAINTS AGAINST JUDGES AND OTHER JUDICIAL OFFICIALS OR THEIR STAFF PURSUANT TO SPECIFIED PROCEDURES AND, AFTER INVESTIGATION, FOR THE REFERRAL OF SUBSTANTIVE COMPLAINTS TO THE COMMISSION ON JUDICIAL CONDUCT AND THE SUPREME COURT FOR DISPOSITION TOGETHER WITH THE ETHICS COMMISSION'S RECOMMENDATION AS TO WHETHER OR
NOT THERE IS PROBABLE CAUSE TO BELIEVE A VIOLATION HAS OCCURRED; TO AMEND SECTIONS 8-13-530 AND 8-13-540, BOTH AS AMENDED, RELATING TO THE DUTIES, FUNCTIONS, AND PROCEDURES OF THE HOUSE AND SENATE ETHICS COMMITTEES, SO AS TO REVISE THESE DUTIES, FUNCTIONS, AND PROCEDURES IN ORDER TO BE CONSISTENT WITH THE ABOVE PROVISIONS AND TO MAKE OTHER CHANGES; BY ADDING SECTION 8-13-545 SO AS TO AUTHORIZE THE HOUSE OR SENATE ETHICS COMMITTEES TO ISSUE FORMAL ADVISORY OPINIONS AND PROVIDE FOR THEIR EFFECT AND APPLICABILITY; AND BY ADDING ARTICLE 6 TO CHAPTER 13, TITLE 8 SO AS TO PROVIDE FOR JUDICIAL COMPLAINT PROCEDURES IN REGARD TO THE ABOVE PROVISIONS.
Rep. POPE proposed the following Amendment No. 1A to H. 3184 (COUNCIL\GGS\3184C004.GGS.ZW16), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 3, Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-322. It is unlawful for the Governor, a member of the General Assembly, or anyone who is the subject of a pending investigation or open complaint, to contact or attempt to contact, either directly or indirectly, a member of the commission or a legislative ethics committee to influence or attempt to influence the outcome of a pending investigation or open complaint."
SECTION 2. Article 5, Chapter 13, title 8 of the 1976 Code is amended by adding:
"Section 8-13-535. (A) The committee, may issue a formal advisory opinion, based on real or hypothetical sets of circumstances. In considering and formulating an advisory opinion either legislative ethics committee shall consider its previous opinions, the relevant opinions of the other legislative ethics committee, as well as relevant opinions issued by the commission in an attempt to create uniformity among the bodies. A formal advisory opinion issued by the committee is binding on the committee, until amended or revoked, in any subsequent charges concerning the person who requested the formal opinion and any other person who acted in reliance upon it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. A formal advisory opinion must be in writing and is considered rendered when approved by a majority of the committee members subscribing to
the advisory opinion. Advisory opinions must be made available to the public unless the committee, by majority vote of the total membership of the committee, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request.
(B) The appropriate ethics committee only may issue formal advisory opinions for public officials, public members, and public employees for which it has proper jurisdiction to make findings of fact and impose penalties pursuant to this chapter.
(C) The appropriate ethics committee must consider whether a person relied in good faith upon a formal advisory opinion or written informal staff opinion when considering a finding of misconduct."
SECTION 3. Section 8-13-130 of the 1976 Code, as added by Act 353 of 2008, is further amended to read:
"Section 8-13-130 (A) The State Ethics Commission, Senate Ethics Committee, and House of Representatives Ethics Committee may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the "Ethics, Government Accountability and Campaign Reform Act of 1991" pursuant to Title 2 or Title 8. The fee must be used to reimburse the commission, the appropriate legislative Ethics Committee, or combination thereof, for costs associated with the investigation and hearing of a violation. The costs associated include:
(1) the investigator's time;
(2) mileage, meals, and lodging;
(3) the prosecutor's time;
(4) the hearing panel's travel, per diem, and meals;
(5) administrative time;
(6) subpoena costs to include witness fees and mileage; and
(7) miscellaneous costs such as postage and supplies.
This fee is These fees and costs are in addition to any fines as otherwise provided by law."
SECTION 4. Section 8-13-310 of the 1976 Code, as last amended by Act 279 of 2012, is further amended to read:
"Section 8-13-310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the at-large members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to 'this chapter' in
Article 3 of Chapter 13 of Title 8 to 'this chapter and Chapter 17 of Title 2'.
(B)(A)(1) There is created the State Ethics Commission composed of nine eight members who must be appointed in the following manner:
(a) four members must be appointed by the Governor, upon the advice and consent of the General Assembly. no more than two of whom are members of the appointing Governor's political party;
(b) two members must be selected by the Senate, one upon the recommendation of the members of the majority political party in the Senate and one upon the recommendation of the members of the largest minority political party in the Senate;
(c) two members must be selected by the House of Representatives, one upon the recommendation of the members of the majority political party in the House and one upon the recommendation of the members of the largest minority political party in the House.
Each member must be appointed with the advice and consent of the General Assembly. One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large.
(2) The terms of the members serving on the State Ethics Commission as of March 30, 2017, shall end on March 31, 2017. A member who is serving at that time and who has not completed a full five-year term may be reappointed pursuant to this subsection. The initial appointments for service to begin on April 1, 2017, must be made as follows:
(a) two members appointed by the Governor must be appointed for a three-year term;
(b) two members appointed by the Governor must be appointed for a five-year term;
(c) one member appointed by the Senate upon the recommendation of the members of the majority political party in the Senate shall serve a three-year term;
(d) one member appointed by the Senate upon the recommendation of the members of the largest minority political party of the Senate must be appointed for a five-year term;
(e) one member appointed by the House upon the recommendation of the members of the majority political party of the House of Representatives must be appointed for a five-year term; and
(f) one member appointed by the House upon the recommendation of the members of the largest minority political party of the House of Representatives must be appointed for a three-year term.
The initial members who have served terms that are less than five years are eligible to be reappointed for one full five-year term.
(B)(1) In addition to other information that may be requested, candidates for appointment must provide the following information to the appointing authority, which must be shared with the General Assembly during the confirmation process:
(a) The candidate's membership in any civic, charitable, or social groups within the previous four years;
(b) A contribution made by the candidate to a candidate for Governor, the Lieutenant Governor, or a member of the General Assembly within the previous four years; and
(c) A contribution, as defined in 8-13-1300(9), made by the candidate within the previous four years to a candidate as defined in 8-13-100(5).
(2) The appointing authorities shall make their appointments based on merit. However, in making appointments to the commission, the appointing authorities shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, and shall strive to assure that the membership of the commission will represent, to the greatest extent possible, all segments of the population of the State.
(3) The following are not eligible to serve on the State Ethics Commission:
(a) a member of the General Assembly;
(b) a former member of the General Assembly within eight years following the termination of his service in the General Assembly;
(c) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor, Lieutenant Governor or other statewide elected official;
(d) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the Governor who appointed the person to serve on the State Ethics Commission, as well as that Governor's Lieutenant Governor;
(e) a person who registered as a lobbyist within four years of being appointed to the State Ethics Commission;
(f) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.
No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission.
The Governor shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina.
(C) The terms of the members are for five years and until their successors are appointed and qualify. The members of the State Ethics Commission serving on this chapter's effective date may continue to serve until the expiration of their terms. These members may then be appointed to serve one full five-year term under the provisions of this chapter. Members representing the first, third, and sixth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1991. Members currently representing the second, fourth, and fifth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1993. The initial appointments for the at large members of the commission created by this chapter must be for a one-, two-, or three-year term, but these at-large members are eligible subsequently for a full five-year term. Under this section, the at-large members of the commission are to be appointed to begin service on or after July 1, 1992. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Members of the commission who serve less than a full five-year term may be reappointed for one full five-year term. Members of the commission who have completed a full five-year term are not eligible for reappointment. A member shall not serve on the commission in hold-over status after the member's term expires. An appointee shall not serve on the commission, even in interim capacity, until he has been confirmed by the General Assembly.
(D) The commission shall elect a chairman, vice-chairman, and such other officers as it considers necessary. Five members of the commission shall constitute a quorum. The commission must shall adopt a policy concerning the attendance of its members at commission meetings. The commission meets at the call of the chairman or a majority of its members. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as provided by law for members of state boards, committees, and commissions.
(E)(1) A commission member appointed by the Governor may be removed from office by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity pursuant to Section 1-3-240.
(2) A commission member appointed by the Senate may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon a vote of two-thirds of the membership of the Senate.
(3) A commission member appointed by the House of Representatives may be removed for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity upon a vote of two-thirds of the membership of the House of Representatives."
SECTION 5. Section 8-13-320(9) of the 1976 Code, as last amended by Act 245 of 2008, is further amended to read:
"(9) to initiate or receive complaints and make investigations, as provided in item (10), or as provided in Section 8-13-540, as appropriate, of statements filed or allegedly failed to be filed under pursuant to the provisions of this chapter and Chapter 17, of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17, of Title 2 by a public official, public member, or public employee except members or staff, including staff elected to serve as officers of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any A person charged with a violation of this chapter or Chapter 17, of Title 2 is entitled to the administrative hearing process contained in this section or in Article 5 of this chapter, as appropriate.
(a) The commission may commence an investigation on the filing of a complaint by an individual or by the commission, as provided in item (10)(d), upon a majority vote of the total membership of the commission.
(b)(1) No A complaint may not be accepted by the commission concerning a candidate for elective office during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any a person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either either shall dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any a party to the proceeding from any penalty prescribed for violations of this chapter. The court must shall award reasonable attorneys fees and costs to the nonpetitioning party if
a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
(2) Action on a complaint filed against a candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election.
(c) If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. In addition to any civil or criminal penalties, the filer of the groundless complaint may be ordered to reimburse the commission for the commission's costs associated with the investigation and disposition of the complaint.
(d) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that a violation of this chapter has occurred;"
SECTION 6. Section 8-13-320(10)(d) of the 1976 Code is amended to read:
"(d) If the commission, upon the receipt of any information, finds probable cause to believe that a violation of the chapter has occurred, it
may, upon its own motion and an affirmative vote of the majority of the total membership six or more members of the commission, file a verified complaint, in writing, that states the name of the person alleged to have committed a violation of this chapter and the particulars of the violation. The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint."
SECTION 7. Section 8-13-320(10)(g) of the 1976 Code, as last amended by Act 1 of 2011, is further amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain are confidential and may only be released pursuant to this section until a finding of probable cause or dismissal unless the respondent waives the right to confidentiality.
(i) After a dismissal following a finding of probable cause, except for dismissal pursuant to item (10)(b) or a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the notice of dismissal.
(ii) After a finding of probable cause, except for a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the notice of hearing. If a hearing is held on the matter, the final order and all exhibits introduced at the hearing shall become public record upon issuance of the final order by the commission. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy. In the event a hearing is not held on a matter after a finding of probable cause, the final disposition of the matter becomes public record.
The respondent or his counsel, by written notice, may waive the confidentiality requirement. The commission shall not accept any partial waivers. The wilful release of confidential information is a misdemeanor, and any a person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."
SECTION 8. Section 8-13-320(10)(i) of the 1976 Code is amended to read:
"(i) At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of
law, must make a recommendation whether probable cause exists to believe that a violation of this chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission determines, by an affirmative vote of six or more commission members, that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the chapter has occurred. If the commission finds probable cause, by an affirmative vote of six or more commission members, to believe that a violation of this chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation. Probable cause is a finding that the allegations contained in the complaint are more likely than not to have occurred and constitute a violation of this chapter or chapter 17, Title 2."
SECTION 9. Section 8-13-320(10)(j) of the 1976 Code is amended to read:
"(j) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. The same discovery techniques which are available to the commission must be equally available to the respondent, including the right to request the commission to subpoena witnesses or materials and the right to conduct depositions as prescribed by subitem (f). A panel of three commissioners must conduct a hearing in accordance with Chapter 23, of Title 1 (Administrative Procedures Act), except as otherwise expressly provided. Panel action requires the participation of the three panel members. During a commission panel hearing conducted to determine whether a violation of the chapter has occurred, the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The hearings must be held in executive session unless the respondent requests an open hearing open to the public."
SECTION 10. Section 8-13-320(11) of the 1976 Code is amended to read:
"(11) to issue, upon request from persons covered by this chapter, and publish advisory opinions on the requirements of this chapter, based
on real or hypothetical sets of circumstances; provided, that an opinion rendered by the commission, until amended or revoked, is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith unless material facts were omitted or misstated by the person in the request for the opinion. Advisory opinions must be in writing and are considered rendered when approved by five or more commission members subscribing to the advisory opinion. Advisory opinions must be made available to the public unless the commission, by majority vote of the total membership of the commission, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request;
(a) The commission may issue a formal advisory opinion, based on real or hypothetical sets of circumstances. In considering and formulating an advisory opinion, the commission shall consider its previous opinions as well as relevant opinions issued by either legislative ethics committee in an attempt to create uniformity among the bodies. A formal advisory opinion issued by the commission is binding on the commission, until amended or revoked, in any subsequent charges concerning the person who requested the formal opinion and any other person who acted in reliance upon it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. A formal advisory opinion must be in writing and is considered rendered when approved by a majority of the commission members subscribing to the advisory opinion. Advisory opinions must be made available to the public unless the commission, by majority vote of the total membership of the commission, requires an opinion to remain confidential. However, the identities of the parties involved must be withheld upon request.
(b) The commission only may issue formal advisory opinions for public officials, public members, and public employees for which it has proper jurisdiction to make findings of fact and impose penalties pursuant to this chapter.
(c) The commission must consider whether a person relied in good faith upon a formal advisory opinion or written informal staff opinion when considering a determination of probable cause and when considering a finding of misconduct."
SECTION 11. Section 8-13-530 of the 1976 Code, as last amended by Act 245 of 2008, is further amended to read:
"Section 8-13-530. Each ethics committee shall:
(1) ascertain whether a person has failed to comply fully and accurately with the disclosure requirements of this chapter, which may include, but is not limited to, an audit of filed reports and applicable campaign bank statements, and to promptly notify the person to file the necessary notices and reports to satisfy the requirements of this chapter;
(2) receive complaints filed by individuals and, upon a majority vote of the total membership of the committee, file complaints when alleged violations are identified;
(3) upon the filing of a complaint, investigate possible violations of breach of a privilege governing a member or staff of the appropriate house, the alleged breach of a rule governing a member of, legislative caucus committees for, or a candidate, or staff for the appropriate house, misconduct of a member or staff of, legislative caucus committees for, or a candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2 alleging a violation by a member or staff of the appropriate house, or a member or staff of a legislative caucus committee, or a candidate for the appropriate house, for a violation of this chapter or Chapter 17, Title 2, other than a violation of a rule of the appropriate house, the ethics committee shall refer the complaint to the State Ethics Commission for an investigation pursuant to Section 8-13-540;
(4) receive, investigate, and hear a complaint which alleges a possible violation of a breach of a privilege or a rule governing a member or staff of the appropriate house or legislative caucus committee, or candidate for the appropriate house, the alleged breach of a rule governing a member or staff of or candidate for the appropriate house, misconduct of a member or staff of or candidate for the appropriate house, or a violation of this chapter or Chapter 17 of Title 2.;
(5) no a complaint may not be accepted by the ethics committee concerning a member of or candidate for the appropriate house during the fifty-day period before an election in which the member or candidate is a candidate. During this fifty-day period, any a person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court either must dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter.
The court must award reasonable attorney's fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
Action on a complaint filed against a member or candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the ethics committee at least thirty days before the election must be postponed until after the election;
(5)(6) obtain information, and investigate technical violation complaints, and hear complaints as provided in Section 8-13-540 with respect to any complaint filed pursuant to this chapter or Chapter 17, of Title 2 and to that end may compel by subpoena issued by a majority vote of the committee the attendance and testimony of witnesses and the production of pertinent books and papers;
(6)(7) administer or recommend sanctions appropriate to a particular member, or staff of, or candidate for, the appropriate house pursuant to Section 8-13-540, including the recovery of the value of anything transferred or received in breach of the ethical standards, or dismiss the charges; and
(7)(8) act as an advisory body to the General Assembly and to individual members of or candidates for the appropriate house on questions pertaining to the disclosure and filing requirements of members of or candidates for the appropriate house, and may issue, upon request from a member or staff of the appropriate house, or legislative caucus committee, or candidate for the appropriate house, and publish advisory opinions on the requirements of these chapters."
SECTION 12. Section 8-13-540 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 8-13-540. Unless otherwise provided for by House or Senate rule, as appropriate, each ethics committee must conduct its investigation of a complaint filed pursuant to this chapter or Chapter 17 of Title 2 in accordance with this section.
(1) When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred.
(2) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session.
(3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in Section 8-13-1170 has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.
(4) An individual has ten days from the date of the notification of the ethics committee's action to appeal the action to the full legislative body.
(5) No ethics committee member may participate in any matter in which he is involved.
(6) The ethics committee shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. (A)(1) A complaint alleging a member of the General Assembly, legislative caucus committees, candidates for the General Assembly, or staff of the General Assembly or legislative caucus committee has committed a violation of this chapter or Chapter 17, Title 2 must be a verified complaint in writing and state the name of the person alleged to have committed the violation and the particulars of the violation.
(2) When a complaint is filed with or by the ethics committee alleging a violation of this chapter or Chapter 17, Title 2, a copy must be sent to the person alleged to have committed the violation and to the State Ethics Commission, hereinafter referred to as 'the commission' within thirty days from the date the complaint was filed, for an investigation as provided in this section. However, if the complaint only alleges a violation of a rule of the House of Representatives or of the Senate, the appropriate ethics committee must forward a copy of the complaint to the person alleged to have committed the violation, and the appropriate ethics committee shall investigate and make a determination for a complaint.
(3)(a) The commission, upon receipt of information, may initiate and file a complaint upon an affirmative vote of six or more members of the commission. The commission shall accept complaints
referred by the ethics committees and verified complaints from individuals, whether personally or on behalf of an organization or governmental body.
(b) The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint. Unless the complaint was referred by an ethics committee, the commission shall send a copy of the complaint to the appropriate ethics committee.
(4) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless the person alleged to have committed the violation, by fraud or other device, prevents discovery of the violation.
(B)(1) Upon receiving a complaint filed pursuant to subsection (A), the commission, its executive director, or other staff as designated by the commission, must determine whether the complaint alleges facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2. If the commission, its executive director, or its other designated staff determines the complaint does not allege facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2, the complaint must be dismissed. If the commission, its executive director, or its designated staff determines the complaint alleges facts sufficient to constitute a violation, an investigation may be conducted of the alleged violation.
(2)(a) In conducting the investigation into the allegations contained in a complaint, the Commission shall request a response from the respondent to the complaint and allow for thirty days from the date of the request for the respondent to submit a response.
(b) The Commission shall review any complaint, investigation, and respondent's response to a complaint to determine whether probable cause exists that a violation occurred. A determination of probable cause is made upon an affirmative vote of six or more commission members. Probable cause is a finding that the allegations contained in the complaint are more likely than not to have occurred and constitute a violation of this chapter or chapter 17, Title 2.
(c) If the commission does not find probable cause that a violation occurred, the complaint must be dismissed. The commission must notify the complainant, and respondent, and the appropriate legislative ethics committee.
(d) If the commission determines only a technical violation pursuant to Section 8-13-1170 or 8-13-1372 occurred, the complaint
must be referred to the appropriate legislative ethics committee for disposition.
(e) If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof by a preponderance of the evidence that the filing of the complaint was wilful and without just cause or with malice. In addition to any civil or criminal penalties, the filer of the groundless complaint may be ordered to reimburse the commission for the commission's costs associated with the investigation and disposition of the complaint.
(f) If the commission determines, by an affirmative vote of six or more commission members that probable cause exist that a violation of this chapter or Chapter 17, Title 2 has occurred a further investigation may be conducted into the alleged violation.
(3) If the commission finds evidence that the person alleged to have committed the violation wilfully violated a section of this chapter or Chapter 17, Title 2 that imposes a criminal penalty, the commission, when appropriate, may forward the complaint and accompanying materials to the Attorney General or circuit solicitor.
(4) If the commission determines that it needs assistance in conducting an investigation, the commission shall request the assistance of appropriate agencies as needed, and may hire or retain auditors, investigators, or other assistance as necessary.
(5) In conducting its investigation, the commission may order testimony to be taken in any investigation or deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas, by approval of the chairman and subject to judicial enforcement, for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued pursuant to this section.
(6) Upon completing its investigation, the commission must provide a report to the appropriate ethics committee as to whether or not the commission found probable cause that a violation of this chapter or
of Chapter 17, Title 2 has occurred. A determination requires an affirmative vote by six or more members of the commission. The report must include a copy of all relevant reports, evidence, and testimony considered by the commission.
(C)(1) All investigations, inquiries, hearings and accompanying documents are confidential and only may be released pursuant to this section.
(2) Upon a determination of probable cause by the commission for a violation, other than a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the commission's determination of probable cause. In addition, any documents in the commission's report that substantiate the commission's determination of probable cause that would constitute a public document and are not exempt from disclosure under the Freedom of Information Act or other state or federal law shall also become public record. These documents must be redacted, as appropriate, in compliance with state or federal law.
(D)(1) Upon receipt of the Commission's report, the appropriate ethics committee may concur or nonconcur with the commission's determination, or within forty-five days from the committee's receipt of the report, request the commission to continue the investigation in order to review information previously received or consider additional matters not considered by the commission.
(2) If, after reviewing the commission's determination and relevant evidence, the ethics committee determines that there is not competent and substantial evidence a violation of this chapter or of Chapter 17, Title 2 has occurred, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant. The notice of dismissal must be made public if the commission made a determination that probable cause existed.
(3) If, after reviewing the commission's determination and relevant evidence, the ethics committee determines that the respondent has committed only a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the provisions of the appropriate section apply.
(4) If, after reviewing the commission's determination and relevant evidence, the ethics committee determines that there is competent and substantial evidence that a violation of this chapter or of Chapter 17, Title 2 has occurred, except for a technical violation of Section 8-13-1170 or Section 8-13-1372, the committee shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal public hearing on the matter.
The ethics committee may obtain its own information, or request additional investigation by the State Ethics Commission, if it needs additional information to make a determination as to whether or not competent and substantial evidence of a violation exists. An advisory opinion to the respondent pursuant to subitem (a) must be made public.
(5) If the ethics committee convenes a formal public hearing:
(a) the investigator or attorney handling the investigation for the State Ethics Commission shall present the evidence related to the complaint to the appropriate ethics committee;
(b) it is the duty of the investigator or attorney to further investigate the subject of the complaint and any related matters under the jurisdiction and at the direction of the ethics committee, to request assistance from appropriate state agencies as needed, to request authorization from the committee for funds for the hiring of auditors, investigators, or other assistance as necessary, to prepare subpoenas, and to present evidence to the committee at any public hearing. The appropriate committee shall maintain the authority to approve subpoenas, authorize expenditures, dismiss complaints, schedule hearings, grant continuances, and any other authority as provided for by their rules;
(c) the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.
(d) all hearings must be open to the public.
(6)(a) After the formal public hearing, the ethics committee shall determine its findings of fact and issue its final order.
(b) If the ethics committee, based on competent and substantial evidence, finds the respondent has not violated this chapter or Chapter 17, Title 2, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant.
(c) If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17, Title 2, the committee shall:
(i) administer a public reprimand;
(ii) determine that a technical violation as provided for in Section 8-13-1170 or 8-13-1372 has occurred;
(iii) require the respondent to pay a civil penalty not to exceed two thousand dollars for each nontechnical violation that is unrelated to the late filing of a required statement or report or failure to file a required statement or report;
(iv) require the forfeiture of gifts, receipts, or profits, or the value of each, obtained in violation of Chapter 13, Title 8 or Chapter 17, Title 2;
(v) recommend expulsion of the member;
(vi) provide a copy of the complaint and accompanying materials to the Attorney General if the committee finds that there is probable cause to believe the respondent wilfully violated a section of this chapter or Chapter 17, Title 2 that imposes a criminal penalty; or
(vii) require a combination of subitems (i) through (vi) as necessary and appropriate.
(d) The ethics committee shall report its findings in writing to the Speaker of the House of Representatives or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment or dismissal and supported and signed by a majority of the ethics committee members.
(e) Upon the issuance of the final order, the following documents become public record: exhibits introduced at the hearing, the committee's findings, and the final order. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy.
(E) If, after conducting a formal public hearing, the ethics committee finds the respondent has violated this chapter or Chapter 17, Title 2, the respondent has ten days from the date of receiving the committee's order of punishment to appeal the action to the full legislative body.
(F) No ethics committee member may take part in consideration of any matter in which they are the respondent, complainant, witness, or otherwise involved.
(G) The ethics committees shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses."
SECTION 13. Section 8-13-550(B) of the 1976 Code is amended to read:
"(B) Upon consideration of an ethics committee report by the house or the senate, whether in executive or open session, the results of the consideration, except in the case of the issuance of a private reprimand, are a matter of public record."
SECTION 14. Section 8-13-320(10)(b) of the 1976 Code is amended to read:
"(b) If the commission, or its executive director, or staff designated by the commission, determines that the complaint does not allege facts sufficient to constitute a violation, the commission must dismiss the complaint and notify the complainant and respondent. The entire matter must be stricken from public record unless the respondent, by written authorization to the State Ethics Commission, waives the confidentiality of the existence of the complaint and authorizes the release of information about the disposition of the complaint."
SECTION 15. Section 8-13-320(10)(c) of the 1976 Code is amended to read:
"(c) If the commission, or its executive director, or staff designated by the commission determines that the complaint alleges facts sufficient to constitute a violation, an investigation may be conducted of the alleged violation."
SECTION 16. The provisions of this act are severable. If any section, subsection, paragraph, subparagraph, item, subitem, 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 the act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 17. The provisions of this act are effective as of April 1, 2017 and shall apply to complaints filed on or after April 1, 2017. However, the provisions in Section 8-13-310 regarding the selection of the initial members to serve on the State Ethics Commission as of April 1, 2017 and the termination of terms of the members serving on the commission as of March 31, 2017, take effect after the date of the Governor's signature for the limited purpose of having the initial members of the reconstituted State Ethics Commission begin service on
April 1, 2017. The State Ethics Commission, House Ethics Committee and Senate Ethics Committee shall maintain jurisdiction over all open complaints and investigations pending in the appropriate entity on or before March 31, 2017. The reconstituted State Ethics Commission shall have jurisdiction over open complaints and investigations pending within the State Ethics Commission as of March 31, 2017." /
Renumber sections to conform.
Amend title to conform.
Rep. POPE explained the amendment.
Rep. POPE spoke in favor of the amendment.
Rep. HILL spoke against the amendment.
Rep. BAMBERG spoke upon the amendment.
The question then recurred to the adoption of the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon R. L. Brown Burns Clary Clemmons Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Knight Limehouse Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod
W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Chumley Hill
So, the amendment was adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
I was temporarily out of the Chamber attending a funeral during the vote on H. 3184. If I had been present, I would have voted in favor of Amendment No. 1A to the Ethics Bill.
Rep. MaryGail Douglas
The Senate Amendments to the following Bill were taken up for consideration:
H. 3186 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G. A. Brown, R. L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G. R. Smith, G. M. Smith, McCoy, Clary, J. E. Smith, W. J. McLeod, Weeks,
Whipper, Hicks, Atwater, Ballentine and Stavrinakis: A BILL TO AMEND SECTION 8-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO REVISE THE DEFINITION OF "BUSINESS WITH WHICH HE IS ASSOCIATED"; AND TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.
Rep. FINLAY moved to adjourn debate upon the Senate Amendments until Tuesday, May 24, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3927 (Word version) -- Reps. Willis and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 137 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SPECIAL PERSONALIZED MOTOR VEHICLE LICENSE PLATES; AND TO AMEND SECTION 56-3-2250, RELATING TO THE ISSUANCE OF SAMPLE LICENSE PLATES BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT IT IS UNLAWFUL TO DISPLAY A SAMPLE LICENSE PLATE ON A MOTOR VEHICLE AND THE PENALTY ASSOCIATED WITH THIS CRIME, TO PROVIDE THAT THE DEPARTMENT MAY RETAIN THE FEE THAT IS CHARGED FOR THE ISSUANCE OF THIS LICENSE PLATE, TO PROVIDE THAT THIS DEPARTMENT MAY ISSUE SOUVENIR LICENSE PLATES FOR ANY SPECIAL ORGANIZATIONAL LICENSE PLATE THAT IT PRODUCES, AND PERSONALIZED SPECIAL ORGANIZATIONAL SOUVENIR LICENSE PLATES FOR A FEE, TO PROVIDE FOR THE DISBURSEMENT OF THE FEES, TO PROVIDE THAT THESE LICENSE PLATES MAY BE DISPLAYED ONLY ON THE FRONT OF A MOTOR VEHICLE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Rep. WILLIS explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Herbkersman Hill Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Knight Limehouse Loftis Long Lowe Lucas Mack McCoy McEachern McKnight M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Nanney Neal Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Simrill G. R. Smith J. E. Smith Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Whipper White
Whitmire Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 5002 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2015-2016, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Reps. WHITE, BINGHAM, HERBKERSMAN, LIMEHOUSE, MERRILL, PITTS, SIMRILL, G. M. SMITH and WHITMIRE proposed the following Amendment No. 1A, which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2015-2016 the following amounts:
(1) H630 - Department of Education
School Bus Lease or Purchase $ 7,446,779
(2) E240 - Office of Adjutant General
Armory Revitalization $ 5,000,000
(3) D500 - Department of Administration
IT Disaster Recovery Plan $ 5,595,000
(4) H630 - Department of Education
Governor's School for the Arts
and the Humanities
Fire Protection System Upgrade $ 50,000
(5) H630 - Department of Education
Governor's School for the Arts
and the Humanities
Music Building Addition $ 4,310,000
(6) H630 - Department of Education
Governor's School for the Arts
and the Humanities
Mobile Computing Device $ 85,000
(7) H630 - Department of Education
Governor's School for Science
and Mathematics
Campus Addition $ 471,900
(8) H630 - Department of Education
Statewide Facilities Assessment $ 1,500,000
(9) H710 - Wil Lou Gray Opportunity School
Cafeteria and Shower Renovations $ 500,000
(10) H240 - South Carolina State University
Debt Payment $ 4,600,000
(11) H270 - University of South Carolina
Columbia Campus
Honors College Facility $ 5,000,000
(12) H390 - University of South Carolina
Sumter Campus
Science Building $ 3,500,000
(13) H470 - Winthrop University
Music Conservatory/Byrnes
Auditorium $ 4,500,000
(14) H510 - Medical University of South Carolina
MUSC Shawn Jenkins Children's
Hospital Helipad $ 750,000
(15) H590 - State Board for Technical and
Comprehensive Education
Aiken Technical College Life
Science Building $ 3,500,000
(16) H590 - State Board for Technical and
Comprehensive Education
Central Carolina Technical College
Workforce Center $ 10,000,000
(17) H590 - State Board for Technical and
Comprehensive Education
Horry-Georgetown Technical
College Advanced Manufacturing
Center $ 3,500,000
(18) H590 - State Board for Technical and
Comprehensive Education
Midlands Technical College
Welding Center $ 3,500,000
(19) H590 - State Board for Technical and
Comprehensive Education
Orangeburg-Calhoun Technical
College Health Sciences
Nursing Building $ 5,000,000
(20) H590 - State Board for Technical and
Comprehensive Education
Technical College of the
Lowcountry New River Workforce
Development Center $ 3,500,000
(21) H590 - State Board for Technical and
Comprehensive Education
Tri-County Technical College
Industrial Technology Center
Phase V $ 1,000,000
(22) H590 - State Board for Technical and
Comprehensive Education
Tri-County Technical College
Oconee Workforce Development
Center $ 4,000,000
(23) H590 - State Board for Technical and
Comprehensive Education
Tri-County Technical College
Central Plant $ 1,000,000
(24) H590 - State Board for Technical and
Comprehensive Education
Trident Technical College
Aeronautical Training Center $ 16,000,000
(25) H590 - State Board for Technical and
Comprehensive Education
Williamsburg Technical College
Science and Technology Building $ 3,500,000
(26) H590 - State Board for Technical and
Comprehensive Education
York Technical College Health
and Human Services Building $ 7,000,000
(27) H730 - Vocational Rehabilitation
Richland VR Center Phase I $ 200,000
(28) H730 - Vocational Rehabilitation
Anderson VR Center Roofing $ 112,000
(29) H730 - Vocational Rehabilitation
Beaufort VR Center Roofing $ 103,000
(30) H730 - Vocational Rehabilitation
Greenwood VR Center Roofing $ 108,000
(31) H730 - Vocational Rehabilitation
Anderson VR Center Parking Lot $ 130,000
(32) H730 - Vocational Rehabilitation
Sumter VR Center Roof $ 96,000
(33) J200 - Department of Alcohol and
Other Drug Abuse Services
Infrastructure Improvements/
Substance Abuse Provider System $ 3,000,000
(34) P120 - Forestry Commission
Firefighting Equipment $ 1,000,000
(35) P160 - Department of Agriculture
Consumer Protection Equipment $ 1,000,000
(36) P200 - Clemson University-PSA
T. Ed Garrison Arena Education/
Conference Center $ 1,000,000
(37) R440 - Department of Revenue
System Improvements - Integrated
Tax System $ 1,854,798
(38) N200 - Law Enforcement Training Council
Criminal Justice Academy
Transport Vehicles $ 237,870
(39) D500 - Department of Administration
Capital Complex Security Upgrades $ 900,000
(40) E040 - Office of Lieutenant Governor
Software and Technology System
Upgrades for Office on Aging $ 824,650
(41) P280 - Department of Parks, Recreation
and Tourism
Parks, Recreational, and Tourism
Revitalizations $ 4,300,000
(42) P280 - Department of Parks, Recreation
and Tourism
Welcome Center Rebuild $ 4,000,000
(43) P280 - Department of Parks, Recreation
and Tourism
State Aquarium $ 500,000
(44) H630 - Department of Education
Technology Technical Assistance $ 2,822,791
(45) P360 - Patriot's Point Development
Authority
USS Laffey $ 50,000
(46) H180 - Francis Marion University
Honors College $ 1
(47) H370 - University of South Carolina
Lancaster Campus
Health and Wellness Center
Renovations $ 1
(48) H380 - University of South Carolina
Salkehatchie Campus
Nursing and Campus Facility
Roof Repairs $ 1
(49) H400 - University of South Carolina
Union Campus
Energy Efficiency Retrofits and
Physical Plant Repairs $ 1
(50) H510 - Medical University of South Carolina
MUSC Shawn Jenkins
Children's Hospital $ 1
(51) H590 - State Board for Technical and
Comprehensive Education
Spartanburg Community College
Critical Training Equipment $ 3,500,000
(52) H590 - State Board for Technical and
Comprehensive Education
Denmark Technical College
Barnwell Workforce Center $ 1
(53) H590 - State Board for Technical and
Comprehensive Education
Florence Darlington Technical
College Academic Building $ 1
(54) H590 - State Board for Technical and
Comprehensive Education
Midlands Technical College
Quick Jobs $ 1
(55) H730 - Vocational Rehabilitation
Oconee/Pickens Expansion/Roof $ 1
(56) R360 - Department of Labor,Licensing
and Regulation
V-SAFE Program $ 500,000
$ 131,028,218
SECTION 2. The Comptroller General shall post the appropriations contained in this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.
SECTION 3. This joint resolution takes effect thirty days after the completion of the 2015-2016 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. /
Renumber items and sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins Corley H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon Gilliard
Goldfinch Govan Hamilton Hart Hayes Henderson Herbkersman Hill Hiott Hodges 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 Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
The amendment was then adopted.
The Senate Amendments were amended, and the Joint Resolution was ordered returned to the Senate.
I was temporarily out of the Chamber attending a funeral during the vote on H. 5002. If I had been present, I would have voted in favor of Amendment No. 1A to the Capital Reserve Fund Joint Resolution.
Rep. MaryGail Douglas
The Senate Amendments to the following Bill were taken up for consideration:
H. 5001 -- 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, 2016, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.
Reps. WHITE, BINGHAM, HERBKERSMAN, LIMEHOUSE, MERRILL, PITTS, SIMRILL, G. M. SMITH, and WHITMIRE proposed the following Amendment No. 1A, which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives on March 23, 2016, which is hereby incorporated into this amendment
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 3, line 3, opposite /Alloc
School Dist/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,000,000 10,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 4, line 17, opposite /Aid To Districts/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
3,000,000 3,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 6, line 26, opposite /EAA Technical Assistance/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
300,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 10, line 22, opposite /Babynet Autism Therapy/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
300,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, immediately after line 19, by inserting a new line to read:
Column 5 Column 6
Teacher Supply 1 1
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, immediately after line 20, by inserting a new line to read:
Column 5 Column 6
Adult Ed 300,000 300,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 25, opposite /Employer Contributions - efa/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,000,000 10,000,000
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 11, line 27, opposite /Guidance/Career Specialist/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
10,000,000 10,000,000
Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 34, lines 9-10, opposite /New Position - Program Manager I/ by increasing the amount(s) in Column 5 on line 10 by:
Column 5 Column 6
(2.00)
Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 34, immediately after line 10, by inserting a new line to read:
Column 5 Column 6
New Positions - Student
Svcs Prog Coord II (3.00)
Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 34, lines 13-14, opposite /New Position - Professor/ by increasing the amount(s) in Column 5 on line 14 by:
Column 5 Column 6
(25.00)
Amend the bill further, as and if amended, Part IA, Section 14,
CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 35, immediately after line 5, by inserting new lines to read:
Column 5 Column 6
New Position -
Program Manager I (1.00)
New Position - Student
Svcs Prog Coord II (1.00)
New Positions - Building/
Grounds Spec II (3.00)
New Position - Building/
Grounds Spec III (1.00)
New Positions - Trades
Specialist IV (2.00)
Amend the bill further, as and if amended, Part IA, Section 14, CLEMSON UNIVERSITY (EDUCATION & GENERAL), page 35, immediately after line 7, by inserting a new line to read:
Column 5 Column 6
New Positions -
Athletic Administrator (5.00)
Amend the bill further, as and if amended, Part IA, Section 16, COASTAL CAROLINA UNIVERSITY, page 37, immediately after line 6, by inserting new lines to read:
Column 5 Column 6
New Positions -
Security Specialist (3.00)
New Positions - Law
Enforcement Officer (4.00)
New Positions - Bldg/
Grounds Specialist II (8.00)
New Position -
Administrative Assistant (3.00)
New Position - Accountant/
Fiscal Analyst I (2.00)
New Position -
Trades Specialist IV (1.00)
New Position - Student
Services Manager II (1.00)
New Positions - Program
Coordinator I (4.00)
New Positions -
Program Assistant (8.00)
New Positions - Program
Manager II (4.00)
New Position -
Applications Analyst II (3.00)
Amend the bill further, as and if amended, Part IA, Section 16, COASTAL CAROLINA UNIVERSITY, page 37, immediately after line 8, by inserting new lines to read:
Column 5 Column 6
New Positions - Professor (3.75)
New Positions -
Associate Professor (7.50)
New Positions -
Assistant Professor (1.50)
New Positions - Lecturers (11.25)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, lines 7-8, opposite /New Position - Administrative Assistant/ by increasing the amount(s) in Column 5 on line 8 by:
Column 5 Column 6
(3.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, immediately after line 18, by inserting new lines to read:
Column 5 Column 6
New Positions -
Fiscal Technician (4.00)
New Positions -Accounting
Fiscal Analyst (2.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, lines 21-22, opposite /New Position - Instructor / by increasing the amount(s) in Column 5 on line 22 by:
Column 5 Column 6
(36.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, lines 23-24, opposite /New Position - Assistant Professor/ by increasing the amount(s) in Column 5 on line 24 by:
Column 5 Column 6
(20.00)
Amend the bill further, as and if amended, Part IA, Section 23,
MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, lines 25-26, opposite /New Position - Associate Professor/ by increasing the amount(s) in Column 5 on line 26 by:
Column 5 Column 6
(22.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, lines 27-28, opposite /New Position - Professor/ by increasing the amount(s) in Column 5 on line 28 by:
Column 5 Column 6
(14.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 61, immediately after line 32, by inserting new lines to read:
Column 5 Column 6
New Position -
Administrative
Coordinator I (1.00)
New Position -
Nurse Practitioner (5.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 62, immediately after line 17, by inserting new lines to read:
Column 5 Column 6
New Position - Grants
Administrator I (9.00)
New Position -
Administrative Assistant (1.00)
New Position - Program/
Research Study
Coordinator I (4.00)
New Position - Program/
Research Study
Coordinator II (3.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 62, lines 20-21, opposite /New Position - Instructor/ by increasing the amount(s) in Column 5 on line 21 by:
Column 5 Column 6
(4.00)
Amend the bill further, as and if amended, Part IA, Section 23,
MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 62, lines 22-23, opposite /New Position - Assistant Professor/ by increasing the amount(s) in Column 5 on line 23 by:
Column 5 Column 6
(6.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 62, lines 24-25, opposite /New Position - Associate Professor/ by increasing the amount(s) in Column 5 on line 25 by:
Column 5 Column 6
(7.00)
Amend the bill further, as and if amended, Part IA, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA, page 62, immediately after line 29, by inserting new lines to read:
Column 5 Column 6
New Positions - Professor (4.00)
Amend the bill further, as and if amended, Part IA, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 67, lines 11-12, opposite /Central Carolina STEM Dual Enrollment/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 67, line 32, opposite /Workforce Pathways/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Amend the bill further, as and if amended, Part IA, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 80, lines 29-30, opposite /USC School of Medicine Rural Health/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
2,000,000 2,000,000
Amend the bill further, as and if amended, Part IA, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 80, immediately after line 30, by inserting a new line to read:
Column 5 Column 6
Rural Health Initiative 2,000,000 2,000,000
Amend the bill further, as and if amended, Part IA, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 81,
line 15, opposite /Coordinated Care/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
15,273,000 15,273,000
Amend the bill further, as and if amended, Part IA, Section 45, CLEMSON UNIV. (PUBLIC SERVICE ACTIVITIES), page 125, line 2, opposite /Other Operating Expenses/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
200,000 200,000
Amend the bill further, as and if amended, Part IA, Section 47, DEPT. OF NATURAL RESOURCES, page 127, immediately after line 18, by inserting new lines to read:
Column 5 Column 6
New Positions - Public
Information Coordinator (2.00) (2.00)
Column 5 Column 6
New Position -
Administrative Assistant (1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 50, DEPARTMENT OF COMMERCE, page 139, immediately after line 34, by inserting new lines to read:
Column 5 Column 6
New Position - Econ
Development Mgr II 50,000 50,000
(1.00) (1.00)
New Position - Econ
Development Mgr III 60,000 60,000
(1.00) (1.00)
New Position - Econ
Development Dept Mgr 80,000 80,000
(1.00) (1.00)
Amend the bill further, as and if amended, Part IA, Section 50, DEPARTMENT OF COMMERCE, page 142, line 21, opposite /Employer Contributions/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
60,000 60,000
Amend the bill further, as and if amended, Part IA, Section 54, RURAL INFRASTRUCTURE AUTHORITY, page 146, line 12, opposite /Rural Infrastructure Fund/ by increasing the amount(s) in
Columns 5 and 6 by:
Column 5 Column 6
5,000,000 5,000,000
Amend the bill further, as and if amended, Part IA, Section 84, DEPARTMENT OF TRANSPORTATION, page 200, line 22, opposite /Other Operating/ by increasing the amount(s) in Column 6 by:
Column 5 Column 6
1
Amend the bill further, as and if amended, Part IA, Section 84, DEPARTMENT OF TRANSPORTATION, page 201, line 12, opposite /State Highway Fund/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
15,320,000 15,320,000
Amend the bill further, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 202, line 2, opposite /Classified Positions/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
50,000
Amend the bill further, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 202, immediately after line 3, by inserting new lines to read:
Column 5 Column 6
New Position - Accountant/
Fiscal Analyst II 45,000
(1.00)
New Position -
Administrative Assistant 30,000
(1.00)
New Position - Accountant/
Fiscal Analyst II 45,000
(1.00)
New Position -
Executive Assistant III 85,000
(1.00)
Amend the bill further, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 202, line 4, opposite /Other Personal Services/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
50,000
Amend the bill further, as and if amended, Part IA, Section 85,
INFRASTRUCTURE BANK BOARD, page 202, line 5, opposite /Other Operating Expenses/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
50,000
Amend the bill further, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 202, lines 6-7, opposite /Transportation Infrastructure/ by decreasing the amount(s) in Column 5 by:
Column 5 Column 6
470,000
Amend the bill further, as and if amended, Part IA, Section 85, INFRASTRUCTURE BANK BOARD, page 202, line 12, opposite /Employer Contributions/ by increasing the amount(s) in Column 5 by:
Column 5 Column 6
120,000
Amend the bill further, as and if amended, Part IA, Section 114, AID TO SUBDIVISIONS - DEPARTMENT OF REVENUE, page 249, lines 2-3, opposite /Aid to Counties - Homestead Exemption Fund/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
5,000,000 5,000,000
Amend the bill further, as and if amended, Part IA, Section 115, TAX RELIEF TRUST FUND, page 250, lines 2-3, opposite /Homestead Exemption-Dist to School Districts/ by decreasing the amount(s) in Column 6 by:
Column 5 Column 6
329,962,479
Amend the bill further, as and if amended, Part IA, Section 115, TAX RELIEF TRUST FUND, page 250, lines 4-5, opposite /Homestead Exemption Reimb-65yrs/Disabled/ by decreasing the amount(s) in Column 6 by:
Column 5 Column 6
133,112,184
Amend the bill further, as and if amended, Part IA, Section 115, TAX RELIEF TRUST FUND, page 250, lines 6-7, opposite /Manufacturers' Depreciation Reimbursement/ by decreasing the amount(s) in Column 6 by:
Column 5 Column 6
74,357,080
Amend the bill further, as and if amended, Part IA, Section 115, TAX RELIEF TRUST FUND, page 250, lines 8-9, opposite /Merchants'
Inventory Tax Exemption/ by decreasing the amount(s) in Column 6 by:
Column 5 Column 6
40,557,257
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 283, paragraph 1.86 (Educational Credit for Exceptional Needs Children), lines 22 - 36, pages 284, 285, 286, 287, and 288, and page 289, lines 1-12, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 306, paragraph 1A.52 (Surplus), line 24, opposite /1. EOC - Partnerships for Innovation/ by striking: /$2,800,000/ and inserting: /$3,200,000/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 306, paragraph 1A.52 (Surplus), line 28, opposite /5. Adult Education/ by striking: /$1,500,000/ and inserting: /$1,200,000/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 306, paragraph 1A.52 (Surplus), line 31, opposite /8. Instructional Development and Digital Content Curation/ by striking: /$493,443/ and inserting: /$393,443/
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 306, paragraph 1A.52 (Surplus), after line 31, by adding an appropriately numbered item to read:
/ (9) EOC - Customized STEM labs for grades 6-8 located in school districts that are a trial or plaintiff district in the Abbeville equity lawsuit - $1. /
Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 317, after line 12, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: Report Cards) With the funds appropriated for assessment and the achievement results obtained from these assessments, the Education Oversight Committee shall not calculate absolute or absolute or growth performance ratings for the 2016-17 school year for schools or districts. Instead, the Education Oversight Committee shall determine the format of a transitional report card released to the public in the fall of 2016 that will also identify underperforming schools and districts. These transitional reports will, at a minimum, include the following: (1) school, district and statewide student assessment results in reading and mathematics in grades 3 through 8; (2) high school and district graduation rates; and (3)
measures of student college and career readiness at the school, district, and statewide level. These transitional reports shall inform schools and districts, the public, and the Department of Education of school and district general academic performance and assist in identifying potentially underperforming schools and districts and in targeting technical assistance support and interventions in the interim before ratings are issued. /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 322, paragraph 3.6 (FY 2016-17 Lottery Funding), line 18, by striking /$51,000,000/ and inserting /$51,100,000/
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 322, paragraph 3.6 (FY 2016-17 Lottery Funding), immediately after line 32, by inserting:
/ (16) Commission on Higher Education--
Technology-Public Four-Year Institutions,
Two-Year Institutions, and State Technical
Colleges $1
(17) State Board for Technical and
Comprehensive Education--Critical
Training Equipment $1
(18) Commission on Higher Education--Need
Based Grants $1
(19) Department of Education--K-12 Technology
Initiative $1 /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 324, paragraph 3.6 (FY 2016-17 Lottery Funding), immediately after line 30, by inserting:
/ (8) South Carolina State University $1 /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 324, paragraph 3.6 (FY 2016-17 Lottery Funding), immediately after line 36, by inserting:
/ Funds allocated to South Carolina State University pursuant to this proviso shall be used only for payments of debt or for a third-party accounting consultant. /
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 325, paragraph 3.6 (FY 2016-17 Lottery Funding), immediately after line 7, by inserting:
/ (4) Commission on Higher Education--PASCAL
Program $1
(5) Department of Education--School Bus
Lease/Purchase $1
For Fiscal Year 2016-17, net lottery proceeds and investment earnings above the Fiscal Year 2015-16 certified surplus are appropriated pro-rata as follows:
(1) State Board for Technical and
Comprehensive Education--Workforce
Scholarships/Grants $1
(2) Commission on Higher Education--Higher
Education Excellence Enhancement Program $1
(3) Department of Education--School Bus
Lease/Purchase $1
(4) Department of Education--Mobile
Device Access and Management $1
(5) Department of Education--Efficiency Study $1
(6) State Board for Technical and Comprehensive
Education--Critical Training Equipment $1
(7) Commission on Higher Education--Technology-
Public Four-Year Institutions, Two-Year
Institutions, and State Technical Colleges $1
(8) University of South Carolina-
Columbia--Maintenance-Critical Care and
Replacement - 1 to 1 Match $1
(9) Clemson University--Maintenance-Critical
Care and Replacement - 1 to 1 Match $1 and
(10) Medical University of South
Carolina--Maintenance-Critical Care and
Replacement - 1 to 1 Match $1.
Any lottery revenue in excess of the total amount of money appropriated by this proviso shall be held in a separate and distinct account for appropriation by the General Assembly in the future to offset scholarship needs as a result of population growth and changes to the state's grading scale by the Department of Education. /
Amend the bill further, as and if amended, Part IB, Section 7, JOHN DE LA HOWE SCHOOL, page 329, paragraph 7.6 (Transition), lines 5 - 36, and page 330, lines 1-15, by striking the proviso in its entirety and by inserting:
/ 7.6. (JDLH: Transition) The General Assembly recognizes that multiple reports conducted over prior years have highlighted the cost inefficiencies of John de la Howe and the lack of data regarding the impact of the program on student outcomes.
The Board of Trustees of the John de la Howe School regular duties will be temporarily suspended for the current fiscal year. Based on the purposes of the will of Dr. John de la Howe, by September 30 of the current fiscal year, the Board of Trustees of John de la Howe is directed to serve only in advisory capacity to the Operational Board comprised of one person each designated by the Director of the Department of Social Services, the Director of the Department of Mental Health, the Director of the Department of Juvenile Justice, the State Superintendent of the Department of Education, the Director of the Department of Alcohol and Other Drug Abuse Services, the Chair of the Joint Citizens and Legislative Committee on Children, a Representative appointed by the Speaker of the House, and a Senator appointed by the President Pro Tempore of the Senate. To wit Sections 59-49-20, 59-49-40, 59-49-60, 59-49-80, 59-49-110, and 59-49-140 of the 1976 Code are suspended for the fiscal year. The Operational Board will recommend an educational, vocational, and life skills training program at the John de la Howe School for older youth who are at risk and who are aging out of the foster care or the juvenile justice supervisory programs of the Department of Social Services or the Department of Juvenile Justice. The program will utilize the funds appropriated to John de la Howe School for the costs of the program that will include school drop-out recovery to complete a high school degree, a GED program, vocational and employment training, and an aftercare program for transition of the youth to independent living and employment. Clemson University will collaborate with the advisory group regarding the development of a vocational farming component for the program.
Effective July 1, the funds appropriated to the John de la Howe School will be transferred to a line item contained in the appropriations section for the Department of Juvenile Justice. In consultation with the operational board and as set forth herein, by November 30, the Department of Juvenile Justice will procure a contract with a non-profit child-service provider to operate the program. The non-profit child-service provider must be a nationally accredited (AdvancED) educational organization experienced in both child protection and juvenile justice programs and must be able to demonstrate a history of success in the operation of educational and vocational residential training programs for youth. The Department of Administration and the Executive Budget Office will assist the Department of Juvenile Justice as needed in the transition.
The Department of Social Services and the Department of Juvenile Justice will provide for the safe transition of the existing residents from
John de la Howe School into such placements, programs and services as determined appropriate based on an assessment of their individual needs.
In the development of the program and in the qualifications and selection of the non-profit child-service provider, the John de la Howe Board of Trustees may advise the Operational Board and will include the following:
(1) the overlap of needs of children who crossover for services between the Department of Social Services and the Department of Juvenile Justice;
(2) educational, school drop-out recovery, GED, vocational programs, life skills training programs, career and employment opportunities, and independent living programs for these older youth clients that can be provided using the John de la Howe School facilities, resources, and funding to assist these youth who are at risk and aging out of state services to prepare for success as adults;
(3) aftercare programs that will follow these youths into the community and help them to become established in viable employment and living situations that encourage a future free of homelessness, unemployment, poverty, alcohol and other substance abuse, criminal behavior, and dependence on public assistance;
(4) provide the existing child clients at John de la Howe School with a proper, safe transition to family reunification or other appropriate placements and services;
(5) provide consideration of current John de la Howe School employees, where appropriate, for employment pursuant to the new non-profit provider contract for program services; and,
(6) how the existing funds and youth vocational training programs can be applied to provide repairs and maintenance to the John de la Howe School buildings and grounds.
The Department of Juvenile Justice will provide procurement for the contract, fiscal administration of the funds, contract accountability, compliance, and reporting and will submit reports by June 30th of the current fiscal year and by June 30th of the next fiscal year to the House Ways and Means Committee, the Senate Finance Committee, and the Joint Citizens and Legislative Committee on Children to inform the Committees regarding the status and progress of programs, operations, client data, facilities, and budget information. The John de la Howe Board of Trustees may advise the Operational Board which will make recommendations to the Governor and General Assembly regarding the future role of the John De La Howe School./
Amend the bill further, as and if amended, Part IB, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 335, paragraph 19.1 (Loan Funds), lines 12 - 35, and page 336, lines 1-17, by striking the proviso in its entirety and by inserting:
/ 19.1. (SCSU: Loan Funds) (A) Pursuant to Proviso 19.2, Part IB, of Act 286 of 2014, South Carolina State University was approved for a loan to be disbursed through a series of scheduled installments. Any funds not disbursed to the university pursuant to the schedule during Fiscal Year 2014-15 shall be carried forward to Fiscal Year 2015-16 the current fiscal year and disbursed to the university no later than August 1, 2016. In Fiscal Year 2015-16, the State Treasurer, upon certification of the Executive Budget Office, shall disburse up to $8,500,000 to the university pursuant to the provisions contained in this proviso. The loan amount consists of (1) funds carried forward pursuant to this proviso and (2) the $4,000,000 approved for Fiscal Year 2015-16 by the Joint Bond Review Committee pursuant to Paragraph 19.2, Part IB, of Act 286 of 2014. Any funds approved pursuant Paragraph 19.2, Part IB, of Act 286 of 2014 that remain undisbursed at the end of Fiscal Year 2015-16 shall be carried forward. The loan must be at an interest rate established by the State Treasurer pursuant to Section 11-9-250 of the 1976 Code.
(B) To compel disbursements, the Executive Budget Office must certify that:
(1) for the initial scheduled quarterly installment, the Board of Trustees of the university, based on reasonable enrollment and other realistic budgetary assumptions, has adopted a balanced budget, whereby operating expenditures do not exceed operating revenue and that the university is not projected by the Executive Budget Office, based upon a cash flow analysis, to fall out of balance for the quarter; and
(2) for each remaining quarterly installment, the Executive Budget Office, certifies that the university's budget for the fiscal year in which the loan is made remains in balance based on a cash flow analysis at the time of the installment payment and that the university is not projected, by the Executive Budget Office, based on a cash flow analysis, to fall out of balance during the quarter.
(C) If the provisions contained in item (B) are not met, then installment payments scheduled but not yet made must be suspended until the Executive Budget Office certifies that the university has taken necessary corrective action to meet the provisions of this proviso.
(B)(1) The State Auditor shall review and audit, if necessary, the financial structure and activities of the university to ensure sufficient financial and internal controls are in place to protect the financial
integrity of the university. A report of findings and recommendations shall be submitted to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Executive Budget Office, by December 30, 2016.
(2) In order to assist the State Auditor, provide for the adequate training of university financial staff, and provide for technical assistance to the university board and State Fiscal Accountability Authority, the Executive Director of the State Fiscal Accountability Authority shall engage a third-party accounting consultant to assist the university and the authority in evaluating and promoting the financial integrity of the university. The university shall reimburse the authority for the actual expenses of the consultant, not to exceed $150,000 in the current fiscal year.
(C) No later than July 31, 2016, the Executive Director of the State Fiscal Accountability Authority shall enter into a loan repayment agreement with the university for the $12,000,000 loan referenced in item (A) of this provision. The terms of the agreement shall, at a minimum, include a provision that the loan funds disbursed to South Carolina State University pursuant to Proviso 19.2, Part IB, of Act 286 of 2014, including any associated interest, shall be forgiven at a rate of $4,000,000 per year beginning in Fiscal Year 2016-17, provided that the university has met the following benchmarks:
(1) For Fiscal Year 2016-17 the university must have attained accreditation status from the Southern Association of Colleges and Schools (SACS); and
(2) For each subsequent fiscal year the university must:
(a) maintain such accreditation status;
(b) attain an increase in net financial position as demonstrated by the university's published audited financial statements beginning with Fiscal Year 2016-17 after such adjustments for pension and other liabilities as recommended by the accounting consultant and SACS, until such time as the university has achieved and can maintain a balanced budget and positive net financial position; and
(c) achieve a one percent growth in full-time student enrollment above the prior fiscal year enrollment.
(3) South Carolina State University must provide a report on a quarterly basis to the House Ways and Means Higher Education and Technical Schools Subcommittee and the Senate Finance Higher Education Subcommittee that includes, but is not limited to, the status of their fiscal affairs and enrollment growth. The format and contents of this report shall be developed in consultation with and approved by the
Commission on Higher Education, which shall cooperatively develop with South Carolina State University reasonable metrics, benchmarks, and the process for measuring such metrics to be included in the quarterly report.
The Commission on Higher Education, by November 1st, shall certify to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Executive Budget Office that the university has met and maintained the required benchmarks each fiscal year. /
Amend the bill further, as and if amended, Part IB, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 335, after line 23, by adding an appropriately numbered paragraph to read:
/ (SCSU: State Fiscal Accountability Authority Loan Funds) No later than July 31, the Executive Director of the State Fiscal Accountability Authority shall enter into a repayment schedule with South Carolina State University to retire the debt incurred by the university pursuant to the April 30, 2014 loan from the Budget and Control Board, succeeded in interest by the State Fiscal Accountability Authority. The repayment terms shall establish installment payments at the rate of $355,036 annually. The provisions contained in this proviso shall not be implemented if preempted by a permanent loan repayment schedule adopted by the General Assembly. /
Amend the bill further, as and if amended, Part IB, Section 25, STATE BOARD FOR TECHNICAL & COMPREHENSIVE EDUCATION, page 338, after line 34, by adding an appropriately numbered paragraph to read:
/ (TEC: Workforce Pathways Funding Distribution) Of the funds appropriated to the State Board for Technical and Comprehensive Education for the Workforce Pathways Program, the State Board must first distribute $740,000 to Tri-County Technical College and $602,000 to Central Carolina Technical College in order for each school to maintain operations of the existing Workforce Pathways programs established pursuant to Act 286 of 2014.
Any remaining funds shall be set aside in a separate and distinct account until a formula for distribution is developed by the State Board. The formula shall specify criteria for the Workforce Pathways program that each technical school must adhere to in order to receive their respective share of the set aside funding. At a minimum, each Workforce Pathways program must expand current best practices in technical career pathways for youth and unemployed or underemployed adults leading to immediate employment in high skill, high demand jobs with
emphasis in STEM fields. The program shall utilize all credit and non-credit delivery systems within the technical college, include cohort training options for adults, provide dual credit for youth via college courses taught by college faculty, provide opportunities for prior learning credit for adults, include structured work-based learning or other apprenticeship training approaches, and result in industry-recognized work certifications as well as stackable postsecondary credentials. Workforce Pathways programs shall establish or build on existing collaborative design and coordination efforts with area school districts and career centers and with area employers. All technical colleges receiving funding through the Workforce Pathways must provide comprehensive evaluation and reporting mechanisms that include long-range tracking of individual and economic impacts as well as return-on-investment analyses.
The State Board shall report the formula for distribution and required criteria to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by August 31, 2016. /
Amend the bill further, as and if amended, Part IB, Section 27, STATE LIBRARY, page 340, after line 9, by adding an appropriately numbered paragraph to read:
/ (LIB: Minimum Requirements for Online Databases) From the funds appropriated to the State Library that are not allocated for Distribution to Subdivisions, the State Library shall ensure the following:
(1) All State Library online databases must be designed with Responsive Web Design on all pages down to the smallest smart phone size. For purposes of this provision, Responsive Web Design is aimed at crafting sites to provide an optimal viewing and interaction experience across a wide range of devices from desktop computer monitors to mobile phones.
(2) All State Library online databases with video must provide that video in the H.264 / MPEG-4 AVC format in order to permit the video to be played on all mobile devices, and virtually all video players.
(3) No purchased State Library online database may contain more than 20% of content (primary source document or index information) that is available for free on the internet.
(4) All State Library online databases must use all available methods for geolocating a resident of South Carolina including, but not limited to:
(a) An IP-to-geolocation database that must be updated no
less frequently than every 24 hours;
(b) Wi-Fi positioning system (WPS) coordinate request and corresponding reverse geocoding when no GPS or cellular device is available; and
(c) GPS/A-GPS coordinate request and corresponding reverse geocoding when the resident is on a device such as a mobile phone or tablet that feature GPS and/or cellular capabilities. /
Amend the bill further, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 348, paragraph 33.27 (Rural Health Initiative), lines 4 - 36, by striking the proviso in its entirety and by inserting:
/ 33.27. (DHHS: Rural Health Initiative) From the funds appropriated to the Department of Health and Human Services for the Rural Health Initiative, the department shall partner with the following state agencies, institutions, and other key stakeholders to implement these components of a Rural Health Initiative to better meet the needs of medically underserved communities throughout the state. The department may leverage any and all available federal funds to implement this initiative.
(A) The Department of Health and Human Services shall take appropriate action to facilitate the following provisions:
(1) Rural Healthcare and Education - The USC School of Medicine shall consult with the South Carolina Office of Rural Health in preparing a proposal for a Center of Excellence to support and develop rural medical education and delivery infrastructure with a statewide focus, through clinical practice, training, and research, as well as collaboration with other state agencies and institutions. The center's activities must be centered on efforts to improve access to care and expand healthcare provider capacity in rural communities. The department shall authorize at least $1,000,000 to support center staffing as well as the programs and collaborations delivering rural health research, the ICARED program, workforce development scholarships and recruitment, rural fellowships, health education development, and/or rural practice support and education. Funding released by the department pursuant to this section must not be used by the recipient(s) to supplant existing resources already used for the same or comparable purposes. No later than February 1st of the current fiscal year, the USC School of Medicine shall report to the Chairman of the House Ways and Means Committee, the Chairman of the Senate Finance Committee, and the Director of the Department of Health and Human Services on the
specific uses of funds budgeted and/or expended pursuant to this provision.
(2) Rural Medicine Workforce Development - The department, in consultation with the Medical Education Advisory Committee (MEAC), shall support the development of additional residency and/or fellowship slots or programs in rural medicine, family medicine, and any other appropriate primary care specialties that have been identified by the department as not being adequately served by existing Graduate Medical Education programs. The department shall ensure that each in-state member of the Association of American Medical Colleges is afforded the opportunity to participate in MEAC. New training sites and/or residency positions are subject to approval as specified by the Accreditation Council for Graduate Medical Education (ACGME). Applications to the ACGME must be developed no later than June 30, 2017. The department may also accept proposals and award grants for programs designed to expose resident physicians to rural practice and enhance the opportunity to recruit these residents for long-term practice in these rural and/or underserved communities. Up to $500,000 of the recurring funds appropriated to the department for the Rural Health Initiative may be used for this purpose
(B) The department shall investigate the potential use of DSH and/or any other allowable and appropriate source of funds in order to improve access to emergency medical services in one or more communities identified by the department in which such access has been degraded due to a hospital's closure during the past five years. In the current fiscal year, the department is authorized to establish a DSH pool for this purpose and/or if deemed necessary to implement transformation plans for which conforming applications were filed with the department on or before April 1, 2016, but for which additional negotiations or development were required. An emergency department that is established within 35 miles of its sponsoring hospital during the current fiscal year and which receives dedicated funding pursuant to this proviso shall be exempt from any Department of Health and Environmental Control Certificate of Need requirements or regulations. Any such facility shall participate in the Statewide Telemedicine Network.
(C) The Revenue and Fiscal Affairs Office and the Area Health Education Consortium's Office of Healthcare Workforce Analysis and Planning shall provide the department with any information required by the department in order to implement this proviso in accordance with state law and regulations. /
Amend the bill further, as and if amended, Part IB, Section 34,
DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 361, paragraph 34.54 (Home Health License Transfer), line 6, opposite /(4) Flood Recovery Operations/ by striking /$2,500,000/ and inserting /$2,200,000/
Amend the bill further, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 370, after line 18, by adding an appropriately numbered paragraph to read:
/ (DSS: Federally Certified Child Support Enforcement System Project) In order to expedite the completion and certification of the Automated Child Support Enforcement System required by the Social Security Act (42 U.S.C. Section 654a), the Department of Social Services is authorized to adopt, to the fullest extent possible, the system and operating procedures of the Delaware Transfer System. To the extent the Transfer System operating processes deviate from, or are incompatible with, current South Carolina practice, the department is authorized to determine the most effective and efficient practice to comply with federal requirements. The department shall work with Clerks of Court to identify and prepare for the changes involved in the implementation of the Transfer System which may impact their current operating practices with regards to performance of required child support functions. Pursuant to the Social Security Act and S.C. Code Section 63-17-610, Clerks of Court shall utilize the federally certifiable child support system and the state disbursement unit developed by the department to perform required child support functions./
Amend the bill further, as and if amended, Part IB, Section 82, DEPARTMENT OF MOTOR VEHICLES, page 408, paragraph 82.1 (Miscellaneous Revenue), lines 23 - 26, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 82, DEPARTMENT OF MOTOR VEHICLES, page 408, paragraph 82.4 (Cost Recovery Fee/Sale of Photos or Digitized Images), lines 33 - 36, and page 409, lines 1-3, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 82, DEPARTMENT OF MOTOR VEHICLES, page 409, paragraph 82.8 (Five Year Eye Exam Suspension), lines 15 - 16, by striking: /The department may use the savings recognized from the suspension of this requirement to support necessary technology upgrades./
Amend the bill further, as and if amended, Part IB, Section 82, DEPARTMENT OF MOTOR VEHICLES, page 409, paragraph 82.11 (DOT Transfer), lines 34 - 36, and page 410, lines 1-2, by striking the proviso in its entirety and by inserting:
/ 82.11. (DMV: DOT Transfer) The Department shall transfer $10,000,000 in the current fiscal year from any available cash balances to the Non-Federal Aid Highway Fund at the Department of Transportation. /
Amend the bill further, as and if amended, Part IB, Section 93, DEPARTMENT OF ADMINISTRATION, page 428, after line 32, by adding an appropriately numbered paragraph to read:
/ (DOA: QECB Allocation) From the funds appropriated to the department, the director of the Department of Administration shall develop and implement a plan to utilize the state's remaining Qualified Energy Conservation Bond allocation to fund energy conservation projects on state-owned buildings and other eligible capital expenditures that benefit state agencies. /
Amend the bill further, as and if amended, Part IB, Section 100, ADJUTANT GENERAL'S OFFICE, page 437, after line 20, by adding an appropriately numbered paragraph to read:
/ (ADJ: 2015 Flood Expenditure Status Report) The Emergency Management Division of the Office of the Adjutant General shall prepare a quarterly report on the status of the expenditure of the funds appropriated by proviso 118.16 of the Fiscal Year 2016-17 Appropriation Act for FEMA State and Local Match for 2015 Flooding. The report must include, but is not limited to, expenditure by category of work by state/local and by county and shall be submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee beginning September 30, 2016. /
Amend the bill further, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 449, after line 18, by adding an appropriately numbered paragraph to read:
/ (DOR: Educational Credit for Exceptional Needs Children) (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, graduation certificate
requirements (for special needs children), 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;
(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. ; and
(g) provides a specially designed program or learning resource center to provide needed accommodations based on the needs of exceptional needs students or provides onsite educational services or supports to meet the needs of exceptional needs students, or is a school specifically existing to meet the needs of only exceptional needs students with documented disabilities.
(2) "Exceptional needs child" means a child:
(a) 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
(b) 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.
(4) '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.
(5) 'Parent' means the natural or adoptive parent or legal guardian of a child.
(6) '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.
(7) 'Resident public school district' means the public school district in which a student resides.
(8) 'Transportation' means transportation to and from school only.
(9) '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.
(10) 'Department' means the Department of Revenue.
(B)(1) There is created the Educational Credit for Exceptional Needs Children Fund that is separate and distinct from the State general fund. The fund shall be organized by the department as a public charity as defined by the Internal Revenue Code under sections 509(a)(1) through 509(a)(4) and consist solely of contributions made to the fund. The fund may not receive an appropriation of public funds. The fund shall receive and hold all contributions intended for it as well as all earnings until disbursed as provided in this chapter. Monies received in the fund shall be used to provide scholarships to exceptional needs children attending eligible schools.
(2) The amounts on deposit in the fund do not constitute public funds nor are the deposits property of the State. Amounts on deposit in the fund must not be commingled with public funds and the State shall have no claim to or interest in the amounts on deposit. Agreements or contracts entered into by or on behalf of the fund do not constitute a debt or obligation of the State.
(3) The fund shall be governed by five directors, two appointed by the Chairman of the House Ways and Means Committee, one of which is based upon the recommendation of the South Carolina Association of Christian Schools and one which is based upon the recommendation of the Diocese of Charleston, two appointed by the Chairman of the Senate Finance Committee based upon the recommendations of the South Carolina Independent Schools Association and one appointed by the Governor based upon the recommendation of the Palmetto Association of Independent Schools. The directors of the fund, along with the Director of the Department of Revenue, shall designate an executive director of the fund.
(4) In concert with the fund directors, the Department of Revenue shall administer the fund, including, but not limited to, the keeping of records, the management of accounts, and disbursement of the grants awarded pursuant to this proviso. The department may expend up to two percent of the fund for administration and related costs. The department may not expend public funds to administer the program.
(5) By June thirtieth of the current fiscal year, the Department
of Revenue must report to the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee and the Governor:
(a) the number and total amount of grants issued to eligible schools in the fiscal year;
(b) for each grant issued to an eligible school in the 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 a compilation, review, or audit of the fund's financial statements, conducted by a certified public accounting firm and;
(e) the criteria and eligibility requirements for scholarship awards.
(C)(1) Grants may be awarded in an amount not exceeding eleven thousand dollars or the total annual cost of tuition, whichever is less, to a qualifying student at an eligible school.
(2) Before awarding any grant, the fund must receive written documentation from the qualifying student's parent or guardian documenting that the qualifying student is an exceptional needs child. Upon approving the application, the fund must issue a check to the eligible school in the name of the qualifying student within either thirty days upon approval of the application or thirty days of the start of the school's semester.
(3) 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 fund 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.
(4) The department may not award grants solely for the benefit of one school.
(5) The department may not release any personally identifiable information pertaining to students or donors or use information collected about donors, students, or schools for financial gain.
(6) The department shall develop a process to prioritize the awarding of grants to eligible incumbent grant recipients at eligible schools.
(D)(1)(a) Tax credits authorized by subsection (H)(1) and subsection (I) of this proviso annually may not exceed cumulatively a
total of ten million dollars for contributions to the Educational Credit for Exceptional Needs Children Fund.
(b) Tax credits authorized pursuant to subsection (H)(2) of this proviso annually may not exceed cumulatively a total of two million dollars for tuition payments made on behalf of qualifying students.
(c) If the department determines that the total of the credits claimed by all taxpayers exceeds either limit amount as contained in items (a) or (b), it shall allow credits only up to those amounts on a first come, first served basis.
(2)(a) 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 subitem (e), contributions must be made annually on or before June thirtieth, in order to claim the credit. The credit must be claimed on the return for the tax year that the contribution is made.
(b) A taxpayer may not claim more than sixty percent of his total tax liability for the year in contribution toward the tax credit authorized by subsection (H)(1) or subsection (I). This credit is not refundable.
(c) If a taxpayer deducts the amount of the contribution on his federal return and claims the credit allowed by subsection (H)(1) or subsection (I), then he must add back the amount of the deduction for purposes of South Carolina income taxes.
(d) The department shall prescribe the form and manner of proof required to obtain the credit authorized by subsection (H)(1) or subsection (I). The department shall also develop a method of informing taxpayers if the credit limit is met at any time during the fiscal year.
(e) A taxpayer only may claim a credit pursuant to subsection (H)(1) and subsection (I) for contributions made during the fiscal year.
(3) A corporation or entity entitled to a credit under subsection (H)(1) and subsection (I) 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.
(E)(1) On or before August 1, 2016 independent schools may apply to the Education Oversight Committee to be certified as an eligible institution. The Education Oversight Committee shall develop an application to completed by the independent schools which must contain at least:
(a) the number and total amount of grants received 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 chapter 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.
(2)(a) The Education Oversight Committee may waive the August first deadline contained in subsection (E) upon good cause shown by an independent school.
(b) The Education Oversight Committee may waive some or all of the curriculum requirements contained in subsection (A)(1)(d) following consultation with the advisory committee.
(3)(a) By September 1, 2016 the Education Oversight Committee shall publish on its website a comprehensive list of independent schools certified as eligible institutions. The list shall include for each eligible institution:
(i) the institution's name, addresses, telephone numbers, and, if available, website addresses; and
(ii) the score reports and audits received by the committee pursuant to subsection (E)(1)(b) and (c).
(b) The Education Oversight Committee shall summarize or redact the score reports identified in item (3)(a)(ii) if necessary to prevent the disclosure of personally identifiable information.
(4) An independent school that does not apply for certification pursuant to this subsection must not be included on the list of eligible schools and contributions to that school shall not be allowed for purposes of the tax credits permitted by this proviso.
(5) An independent school that is denied certification pursuant to this section 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.
(F)(1) 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.
(2) The advisory committee shall:
(a) consult with the Education Oversight Committee concerning requests for exemptions from curriculum requirements; and
(b) provide recommendations on other matters requested by the Education Oversight Committee.
(G) Except as otherwise provided, the Department of Education, the Education Oversight Committee, and 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 chapter."
(H)(1) A taxpayer is entitled to a tax credit against income taxes imposed pursuant to Chapter 6, Title 12 for the amount of cash and the monetary value of any publicly traded securities the taxpayer contributes to the Educational Credit for Exceptional Needs Children Fund up to the limits contained in subsection (D)(1)(a) 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 taxpayer does not designate a specific child or school as the beneficiary of the contribution.
(2)(a) A taxpayer is entitled to a refundable tax credit against income taxes imposed pursuant to Chapter 6, Title 12 for the amount of cash and the monetary value of any publicly traded securities, not exceeding eleven thousand dollars per child, for tuition payments to an eligible school for an exceptional needs child within his custody or care who would be eligible for a grant pursuant to this proviso up to the limits contained in subsection (D)(1)(b) of this proviso.
(b) If a child within the care and custody of taxpayer claiming a tax credit pursuant to this item also receives a grant from the Educational Credit for Exceptional Needs Children Fund, then the taxpayer may only claim a credit equal to the difference of eleven thousand dollars or the cost of tuition, whichever is lower, and the amount of the grant.
(I) A taxpayer is entitled to a tax credit against income taxes imposed pursuant to Chapter 11, Title 12 for the amount of cash and the monetary value of any publicly traded securities the taxpayer contributes to the Educational Credit for Exceptional Needs Children Fund up to the limits contained in subsection (D)(1)(a) of this proviso if:
(1) 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
(2) the taxpayer does not designate a specific child or school as the beneficiary of the contribution.
(J) On or before August 1, 2016, each scholarship funding organization organized and operating pursuant to SECTION 9 of H. 4230, R. 130, Act 192 of 2015 shall deposit with the Educational Credit for Exceptional Needs Children Fund all remaining funds on hand as of July 1, 2016. Scholarship funding organizations organized and operating pursuant to SECTION 9 shall remain in existence after the effective date of this act solely for the purpose of winding down operations and depositing remaining funds with the Educational Credit for Exceptional Needs Children Fund pursuant to this provision. On August 1, 2016 all scholarship funding organizations organized pursuant to SECTION 9 shall cease to exist. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 462, paragraph 117.20 (Travel - Subsistence Expenses & Mileage), line 31, by striking: /(N) No state funds may be used to purchase first class airline tickets./
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 496, paragraph 117.137 (State Employee Leave Donation), lines 29 - 34, by striking the proviso in its entirety and by inserting:
/ 117.137. (GP: State Employee Leave Donation) In the event of a medical emergency, a state employee may make a written request to the employing agency that a specified number of hours of his accrued annual and/or sick leave be transferred from his annual and/or sick leave account to a specific leave recipient rather than to a leave pool account, subject to the approval of the agency director. An employee with less than fifteen days in his sick leave account may not transfer any sick leave to the recipient, and an employee with more than fifteen days in his sick leave account may transfer sick leave to the recipient if he retains a minimum of fifteen days in his own sick leave account. Once leave of an employee has been transferred to the recipient, it may not be restored or returned to the leave donor. For purposes of this provision, a medical emergency is defined under IRS Revenue Ruling 90-29 as a medical condition of the employee or a family member that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the leave-sharing plan. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 496, immediately after line 34, by
adding an appropriately numbered paragraph to read:
/ (GP: Retail Facilities Revitalization Act Repeal Suspension) The repeal of Chapter 34 of Title 6 of the 1976 Code as specified in Act 285 of 2006 as to sites for which written notification of election of mode of credit has been provided to the Department of Revenue prior to July 1, 2016 and for which a building permit has been issued prior to July 1, 2016, is suspended for Fiscal Year 2016-17. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 496, immediately after line 34, by adding an appropriately numbered paragraph to read:
/. (GP: Unused Textile Credits) Any credit earned for rehabilitating a textile mill site that goes unused but is allowed to be carried forward, may be carried forward at the individual, partnership, and/or limited liability level. The carried forward credit may be passed through and allocated to the partners or members as provided by law. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 496, immediately after line 34, by adding an appropriately numbered paragraph to read:
/ (GP: Local Municipality Appropriations) Once a local project, initiated and owned by a local municipality, reaches aggregate state general fund appropriations of $10 million, the municipality shall submit a complete financial plan for the project to Joint Bond Review Committee and State Fiscal Affairs Authority for approval before any additional general funds may be allocated to the project. If the municipality fails to comply with the requirements of this provision, that municipality shall lose its local government fund allocation for each year until it complies and will be liable to the state for payback of the state funded portion of the project. /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 507, paragraph 118.15 (Criminal Justice Academy $5 Surcharge), lines 20 - 31, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 508, paragraph 118.16 (Nonrecurring Revenue), after line 3, by inserting an appropriately numbered item to read:
/ (7) $400,000 from the Department of Revenue Identify Theft Reimbursement Fund Lapse. /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 508, paragraph 118.16 (Nonrecurring Revenue), item (2) U120 - Department of Transportation, line 15, by
striking /State Highway Fund $135,000,000/ and by inserting: /Non-Federal Aid Highway Fund $50,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 508, paragraph 118.16 (Nonrecurring Revenue), item (2.1) U120 - Department of Transportation, lines 16-18, by striking the lines in their entirety.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 509, paragraph 118.16 (Nonrecurring Revenue), item (13) J040 - Department of Health and Environmental Control, after line 26, by adding the following subitem and item to read:
/(f) Cancer Screenings $1,500,000
(13.1) Of the funds appropriated above to the Department of Health and Environmental Control for Cancer Screenings, the department shall utilize $1,000,000 of the funds for the Best Chance Network and $500,000 as matching funds for the Colon Cancer Prevention Network./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 510, paragraph 118.16 (Nonrecurring Revenue), item (17) P320 - Department of Commerce, line 2 opposite /(a) Closing Fund/, by striking /$10,000,000/ and by inserting: /$15,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 510, paragraph 118.16 (Nonrecurring Revenue), item (17) P320 - Department of Commerce, line 5, opposite /(d) LocateSC/, by striking /$5,400,000/ and by inserting: /$6,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 510, paragraph 118.16 (Nonrecurring Revenue), item (17) P320 - Department of Commerce, line 6 opposite /(e) Office of Innovation/, by striking /$500,000/ and by inserting: /$2,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 510, paragraph 118.16 (Nonrecurring Revenue), item (17) P320 - Department of Commerce, line 7 opposite /(f) Research Initiatives/, by striking /$3,000,000/ and by inserting: /$4,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 510, paragraph 118.16 (Nonrecurring Revenue), item (25) H790 - Department of Archives and History, line 28, opposite /(b) Architectural Heritage Preservation/, by striking /$2,100,000/ and by inserting: /$2,500,000/
Amend the bill further, as and if amended, Part IB, Section 118,
STATEWIDE REVENUE, page 511, paragraph 118.16 (Nonrecurring Revenue), item (29) Y140 - State Ports Authority, line 2, opposite /Jasper Ocean Terminal Permitting/, by striking /$1,500,000/ and by inserting: /$2,500,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 511, paragraph 118.16 (Nonrecurring Revenue), item (33) U300 - Division of Aeronautics, line 13, opposite /(b) State Aviation Fund/, by striking /$1,000,000/ and by inserting: /$7,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 511, paragraph 118.16 (Nonrecurring Revenue), item (34) P280 - Department of Parks, Recreation and Tourism, line 16, opposite /(b) Sports Development Marketing Program/, by striking /$1,200,000/ and by inserting: /$3,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 511, paragraph 118.16 (Nonrecurring Revenue), after line 18, by inserting appropriately numbered items to read:
/ (35) H510 - Medical University of South Carolina
MUSC Shawn Jenkins Children's Hospital $10,000,000
(36) E240 - Office of Adjutant General
(a) Emergency Management Division - 2014
Winter Storms Local Matching Funds $11,457,728
(37) J020 - Department of Health and Human Services
Williamsburg and Lake City Hospital
Transformation Site Prep $3,000,000
(37.1) The funds appropriated for Williamsburg and Lake City Hospital Transformation Site Prep may only be utilized for site improvements associated with a transformation plan approved by the Department of Health and Human Services.
(38) H630 - Department of Education
(a) School Bus Lease or Purchase $1
(b) Hazardous Transportation $3,000,000
(c) Babynet Autism Therapy $1
(39) H030 - Commission on Higher Education
(a) SREB Program and Assessments $1
(b) Legal Staffing $1
(c) Out of State Veteran Tuition
Reimbursement - Colleges $1
(40) H090 - The Citadel
Educational and General Operating $1
(41) H150 - University of Charleston
(a) Maintenance: Critical Care and
Repair (1:1 Match) $1
(b) Avery Center $1
(42) H170- Coastal Carolina University
(a) Maintenance: Critical Care and
Repair (1:1 Match) $1
(b) Atmospheric and Soil Moisture
Weather Stations (10) $1
(c) Brooks Stadium Engineering $100,000
(42.1) Coastal Carolina University shall use the funds appropriated for Brooks Stadium Engineering to offset costs associated with expansion of the football stadium. Once the university has developed a plan for stadium expansion pursuant to any National Collegiate Athletic Association, conference, or contractual requirements, the university shall submit the plan for approval to the Joint Bond Review Committee and the State Fiscal Accountability Authority. Any other statutory requirements for state approval of this project are hereby suspended for the fiscal year.
(43) H180 - Francis Marion University
(a) Maintenance: Critical Care and
Repair (1:1 Match) $1
(b) Honors College $1
(44) H240 - South Carolina State University
(a) Maintenance: Critical Care and
Repair (1:1 Match) $1
(b) Rural Conference Center $1
(45) H270 - University of South Carolina
- Columbia
Law School - Taylor Renovations
(1:1 Match) $1
(46) H340 - University of South Carolina
- Upstate
(a) Maintenance: Critical Care and
Repair (1:1 Match) $1
(b) Manufacturing Management
Technology Training $1
(47) H380 - University of South Carolina
- Salkehatchie
Science Building Maintenance $250,000
(48) H590 - State Board for Technical and
Comprehensive Education
(a) Aiken Technical College - Life
Science Building $1
(b) Orangeburg-Calhoun Technical
College - Nursing Cooperative
Program with Claflin University $1
(c) Technical College of the Lowcountry
- New River Workforce Development
Center $1
(d) Trident Technical College -
Aeronautical Training Center $1
(e) York Technical College - Health and
Human Services Building $1
(49) H670 - Educational Television Commission
Capital Needs $1
(50) H870 - State Library
Colleton County Bookmobile $200,000
(51) L040 - Department of Social Services
After School and Summer Reading
Programs $1
(51.1) The funds appropriated above for After School and Summer Reading Programs must be used by the Department of Social Services to leverage any available matching funds for after school and summer childcare programs for Low-Income children.
(52) J040 - Department of Health and
Environmental Control
Air Quality Improvements $300,000
(53) P160 - Department of Agriculture
(a) Agricultural Marketing (Certified SC) $500,000
(b) Agribusiness Development $2,500,000
(54) P200 - Clemson University (PSA)
Agriculture and Natural Resources
Program $1
(55) P120 - Forestry Commission
Firefighting Equipment $1,000,000
(56) P240 - Department of Natural Resources
(a) Upper Coastal Waterfowl
Project Maintenance and Repair $1
(b) Boat Slip Renovation - Fort Johnson $1
(c) Outreach Education $1,600,000
(d) Equipment $1,000,000
(57) P280 - Department of Parks, Recreation
and Tourism
(a) Agency Operations $1
(b) State Park Piers Repair $1
(c) African American Museum $1
(d) Children's Museum of the Upstate $1,000,000
(e) Parks and Recreation Development
Fund $5,000,000
(58) P320 - Department of Commerce
(a) Workforce Coordinating Council
Operations $100,000
(b) TIGER Grant Match for Horry Railroad $4,300,000
(c) Applied Research Centers $1
(59) D100 - State Law Enforcement Division
(a) First Responder PTSD Treatment $1
(b) Vehicle Rotation $1
(60) U120 - Department of Transportation
Rest Area Renovations $5,000,000
(61) U300 - Division of Aeronautics
Airline Recruitment and Retention $150,000
(62) Y140 - State Ports Authority
Port of Georgetown $500,000
(63) A150 - Codification of Laws and Legislative Council
Dues $1
(64) D500 - Department of Administration
(a) New Statewide Voting System $1
(b) Office of Economic Opportunity -
Wateree Community Action Agency $1
(c) State Human Resources - Leadership
South Carolina $1
(d) Pendleton Street Safety Upgrades $2,400,000
(e) State Building Maintenance $10,000,000
(64.1) The Department of Administration shall utilize the $2,400,000 appropriated above for Pendleton Street Safety Upgrades to improve pedestrian safety and visibility on Pendleton Street for those traveling on the State House grounds and entering and exiting the McEachern Parking Facility.
(65) E040 - Office of the Lieutenant Governor
Family Caregivers $1
(66) E240 - Office of Adjutant General
(a) Force Protection $1
(b) Post ChalleNGe $1
(c) Shaw Encroachment Zone $200,000
(d) SC Military Museum $1
(67) X220 - Aid to Subdivisions - State Treasurer
Local Government Fund $1 /
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 511, after line 21, by adding an appropriately numbered paragraph to read:
/ (SR: One Dollar Appropriations) Funds appropriated in the amount of one dollar by this act shall not be disbursed. The Comptroller General shall adjust the affected agency's chart of accounts accordingly, if necessary. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
Rep. WHITE spoke in favor of the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bingham Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Herbkersman Hiott Hodges 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 Mitchell D. C. Moss V. S. Moss Murphy Nanney Neal Newton Norrell Ott Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
Norman
The amendment was then adopted.
I was temporarily out of the Chamber attending a funeral during the vote on H. 5001. If I had been present, I would have voted in favor of Amendment No. 1A to the General Appropriation Bill.
Rep. MaryGail Douglas
Rep. BANNISTER proposed the following Amendment No. 2A, which was tabled:
Amend the bill, as and if amended, Part IA, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 81, line 15, opposite /Coordinated Care/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
39,380,511 39,380,511
Amend the bill further, as and if amended, Part IA, Section 106,
STATEWIDE EMPLOYEE BENEFITS, page 239, immediately after line 3, by inserting new lines to read:
Column 5 Column 6
Dept. of Natural
Resources - Law
Enforcement Pay
Increase 2,788,138 2,788,138
State Law Enforcement
Division - Law
Enforcement Pay
Increase 5,793,885 5,793,885
Dept. of Public Safety
- Law Enforcement
Pay Increase 16,581,549 16,581,549
Dept. of Probation,
Parole & Pardon
Services - Law
Enforcement Pay
Increase 5,274,494 5,274,494
Judicial Dept - Judicial
Pay Increase 5,542,981 5,542,981
Column 5 Column 6
Administrative Law
Court - Judicial
Pay Increase 1,238,994 1,238,994
Prosecution
Coordination
Commission - Judicial
Pay Increase 727,012 727,012
Commission on Indigent
Defense - Judicial
Pay Increase 727,012 727,012
Workers' Compensation
Commission -
Commissioners' Pay
Increase 218,610 218,610
Constitutional
Officer's Pay Increase 487,836 487,836
Amend the bill further, as and if amended, Part IB, Section 106, STATEWIDE EMPLOYEE BENEFITS, page 445, after line 36, by adding an appropriately numbered paragraph to read:
/ (SEB: Law Enforcement/Judicial/Constitutional Officers Pay Increase) The funds appropriated in Part IA, Section 106 for the Department of Natural Resources, the State Law Enforcement Division, the Department of Public Safety, and the Department of Probation, Parole, and Pardon Services shall be allocated to each agency and be utilized to provide a 21% pay increase for sworn classified law enforcement personnel.
The funds appropriated in Part IA, Section 106 for the Judicial Department, the Administrative Law Court, the Prosecution Coordination Commission, the Commission on Indigent Defense and the Workers' Compensation Commission shall be utilized to provide a 20.2% pay increase for the following:
(a) Judicial Department: Supreme Court Justices, Court of Appeals Judges, Circuit Court Judges and Family Court Judges;
(b) Administrative Law Court: Judges;
(c) Prosecution Coordination Commission: Circuit Solicitors;
(d) Commission on Indigent Defense: Circuit Public Defenders; and
(e) Workers' Compensation Commission: Commissioners.
The funds appropriated in Part IA, Section 106 for Constitutional Officer's Pay Increase shall be utilized to increase the salaries of Constitutional Officers as recommended by the 2007 Hay Study plus CPI and shall be allocated as follows:
(a) Department of Education: $80,236 for the Superintendent of Education;
(b) Department of Agriculture: $44,299 for the Commissioner of Agriculture;
(c) Office of the Attorney General: $65,861 for the Attorney General;
(d) Governor's Office-Executive Control of State: $84,390 for the Governor;
(e) Office of the Lieutenant Governor: $14,292 for the Lieutenant Governor;
(f) Office of Secretary of State: $44,299 for the Secretary of State;
(g) Office of Comptroller General: $44,299 for the Comptroller General;
(h) Office of State Treasurer: $65,861 for the State Treasurer; and
(i) Office of Adjutant General: $44,299 for the Adjutant General. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. BANNISTER explained the amendment.
Rep. WHITE moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bedingfield Bingham Bowers Bradley G. A. Brown R. L. Brown Burns Chumley Clemmons Cobb-Hunter Cole H. A. Crawford Dillard Douglas Duckworth Felder Forrester Gagnon George Goldfinch Hamilton Hayes Henderson Herbkersman Hill Hiott Hodges Hosey Howard Huggins Jefferson King Kirby Knight Limehouse Loftis Lucas Mack McEachern M. S. McLeod W. J. McLeod Mitchell V. S. Moss Nanney Neal Norman Norrell Ott Parks Ridgeway Riley Robinson-Simpson Sandifer Simrill G. R. Smith Sottile Spires Taylor Tinkler Toole Wells White Whitmire Williams Willis Yow
Those who voted in the negative are:
Bannister Bernstein Brannon Collins Crosby Daning Delleney Finlay Gilliard Jordan Kennedy McCoy D. C. Moss Newton Putnam Quinn Rivers J. E. Smith Tallon Thayer Weeks
So, the amendment was tabled.
Rep. HILL proposed the following Amendment No. 3A to H. 5001, which was tabled:
Amend the bill, as and if amended, Part IB, Section 44, DEPARTMENT OF AGRICULTURE, page 372, after line 13, by adding an appropriately numbered paragraph to read:
/ (AGRI: Industrial Hemp Pilot Research Program) Of the funds appropriated to and/or authorized for the Department of Agriculture, the department shall utilize $50,000 to establish an Industrial Hemp Pilot Research Program. The intent of the program shall be to allow the Department of Agriculture to issue licenses to grow Industrial Hemp in order to support the economic development of Industrial Hemp cultivation, processing and commerce in South Carolina which is in accordance with Act 216 which was signed into law on June 2nd, 2014 and is in compliance with the Federal Farming Act of 2014, Section 7606. The department shall establish, administer and promulgate regulations for the South Carolina Industrial Hemp Pilot Research Program. The Department of Agriculture is directed to enact this program within the Fiscal Year 2016-17. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HILL explained the amendment.
Rep. CLARY moved to table the amendment, which was agreed to.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
Rep. WHITE moved that, if the Senate nonconcurs in the House amendments to H. 5001 and H. 5002, and upon receipt of messages from the Senate, the House agrees to insist upon the House's amendments and that the SPEAKER be allowed to appoint the conference committees, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3891 (Word version) -- Reps. Toole, Long, Bedingfield, J. E. Smith, Anderson, Forrester, Rutherford and Sandifer: A BILL TO AMEND SECTION 56-31-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SURCHARGES ON RENTAL OR PRIVATE PASSENGER MOTOR VEHICLES FOR THIRTY-ONE DAYS OR LESS, SO AS TO DEFINE NECESSARY TERMS, TO DELETE EXISTING SURCHARGE PROVISIONS, TO INSTEAD PROVIDE RENTAL COMPANIES ENGAGED IN THE BUSINESS OF RENTING VEHICLES FOR PERIODS OF NINETY DAYS OR LESS MAY CHARGE SEPARATELY STATED FEES WHICH MAY INCLUDE CERTAIN FEES AND TAXES, TO PROVIDE THE AMOUNT OF THE CHARGE MUST REPRESENT THE GOOD FAITH ESTIMATE BY THE MOTOR VEHICLE RENTAL COMPANY OF ITS DAILY CHARGE CALCULATED TO RECOVER ITS ACTUAL TOTAL ANNUAL RECOVERABLE COSTS, TO PROVIDE REQUIREMENTS FOR WHEN THE TOTAL AMOUNT OF THE VEHICLE LICENSE FEES COLLECTED BY A MOTOR VEHICLE RENTAL COMPANY IN ANY CALENDAR YEAR EXCEEDS THE ACTUAL COSTS OF THE CAR RENTAL COMPANY DURING THAT PERIOD, TO REQUIRE A CERTAIN DESCRIPTION OF VEHICLE LICENSE FEES IN THE VEHICLE RENTAL AGREEMENTS, AND TO PROVIDE THAT VEHICLE LICENSE FEES ARE SUBJECT TO CERTAIN SALES AND USE TAXES.
Rep. WHITE moved to adjourn debate upon the Senate Amendments until Tuesday, May 24, which was agreed to.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4932 (Word version) -- Rep. Allison: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM LENGTHS OF VEHICLES THAT MAY BE OPERATED ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE A MAXIMUM LENGTH FOR TRAILERS OR SEMITRAILERS USED TO TRANSPORT VEHICLES USED IN CONNECTION WITH MOTORSPORTS COMPETITION EVENTS; TO AMEND SECTION 56-5-4130, RELATING TO THE MAXIMUM GROSS WEIGHT UPON ANY WHEEL OF CERTAIN VEHICLES ALLOWED TO OPERATE ALONG THE HIGHWAYS OF THIS STATE, SO AS TO PROVIDE AN OVER-THE-ROAD BUS, MOTORHOME, OR CERTAIN VEHICLES USED AS INTRASTATE PUBLIC AGENCY TRANSIT PASSENGER BUSES ARE EXCLUDED FROM AXLE SPACING REQUIREMENTS BUT ARE LIMITED TO A MAXIMUM SINGLE AXLE WEIGHT LIMIT, AND TO PROVIDE THAT THESE VEHICLES MUST HAVE REASONABLE ACCESS TO CERTAIN HIGHWAY FACILITIES; TO AMEND SECTION 56-5-4140, AS AMENDED, RELATING TO THE MAXIMUM GROSS WEIGHT OF VEHICLES ALLOWED TO OPERATE ALONG THE STATE'S HIGHWAYS, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT AN OVER-THE-ROAD BUS, MOTORHOME, OR CERTAIN VEHICLES USED AS INTRASTATE PUBLIC AGENCY TRANSIT PASSENGER BUSES ARE EXCLUDED FROM CERTAIN AXLE SPACING REQUIREMENTS BUT ARE LIMITED TO A MAXIMUM SINGLE AXLE WEIGHT LIMIT, AND TO PROVIDE THAT THESE VEHICLES MUST HAVE REASONABLE ACCESS TO CERTAIN HIGHWAY FACILITIES; TO AMEND SECTION 56-5-4160, AS AMENDED, RELATING TO THE ENFORCEMENT OF PROVISIONS THAT ESTABLISH WEIGHT LIMITS FOR VEHICLES THAT OPERATE ALONG THE STATE'S HIGHWAYS, SO AS TO REVISE THE MAXIMUM WEIGHT LIMIT ALLOWED FOR A VEHICLE OR COMBINATION OF VEHICLES EQUIPPED WITH AN IDLE REDUCTION SYSTEM; AND TO AMEND SECTION 56-35-30, RELATING TO VEHICLES EQUIPPED WITH AUXILIARY POWER UNITS, SO AS TO REVISE THE ALLOWABLE GROSS WEIGHT OF THE VEHICLE USED TO
DETERMINE WHETHER THE VEHICLE HAS VIOLATED PROVISIONS RELATING TO VEHICLE WEIGHT RESTRICTIONS.
Rep. DANING explained the Senate Amendments.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hart Hayes Henderson Hill Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Kirby Knight Loftis Long Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. R. Smith J. E. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Wells
Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
The Senate Amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. ALLISON moved that the House recur to the morning hour, which was agreed to.
Due to a funeral in my District, I arrived late for Session today. I would like the record to reflect my support for the General Appropriation Bill and for the Ethics Bill.
Rep. MaryGail Douglas
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1122 (Word version) -- Senators Rankin, Cleary and Hembree: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-980 SO AS TO PROVIDE FOR THE REIMPOSITION OF THE LOCAL OPTION TOURISM DEVELOPMENT FEE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
S. 381 (Word version) -- Senators Shealy, Bright, Turner, Johnson, Young, Jackson, Grooms, Sabb, Thurmond, Massey, Allen, Sheheen, Davis, Hembree, L. Martin, Bryant, Peeler, Alexander, Lourie, Cromer, Setzler and Scott: A BILL TO AMEND SECTION 8-11-620(A)(1) OF THE 1976 CODE,
RELATING TO LEAVE AND LUMP-SUM PAYMENTS UPON TERMINATION OF EMPLOYMENT, TO PROVIDE THAT ANY PUBLIC EMPLOYEE WHO IS TERMINATED WITHIN ONE YEAR OF FULL RETIREMENT SHALL HAVE FIVE DAYS AFTER TERMINATION TO PURCHASE THE REMAINING TIME.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 460 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-370 SO AS TO PROVIDE THAT A COUNTY IN THIS STATE MAY ALLOW A TAXPAYER THE OPTION TO RECEIVE CERTAIN PROPERTY TAX BILLS AND RECEIPTS IN ELECTRONIC FORM, TO REQUIRE A PARTICIPATING COUNTY TO MAINTAIN PROOF THAT AN EMAIL WAS SENT TO A TAX PAYER, AND TO REQUIRE A PARTICIPATING COUNTY TO CREATE AN APPLICATION PROCESS AND TO PUBLISH THE APPLICATION PROCESS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report on:
S. 932 (Word version) -- Senators Bennett, Grooms and Hembree: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT RATIOS, SO AS TO REVISE AN APPLICATION DEADLINE FOR CERTAIN PROPERTY OWNED BY CERTAIN MEMBERS OF THE ARMED FORCES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 427 (Word version) -- Senators Hutto, Rankin, O'Dell and Williams: A BILL TO AMEND SECTION 12-6-3360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW A TAXPAYER OPERATING AN AGRICULTURAL PACKAGING OPERATION TO CLAIM THE CREDIT, TO ALLOW
CERTAIN AGRICULTURAL OPERATIONS TO CLAIM SEASONAL WORKERS AS A CERTAIN FRACTION OF A FULL-TIME JOB, AND TO DEFINE AGRICULTURAL PACKAGING; TO AMEND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO EXEMPT MACHINES USED IN AGRICULTURAL PACKAGING; AND BY ADDING SECTION 13-1-780 SO AS TO REQUIRE THE DEPARTMENT OF COMMERCE AND THE COORDINATING COUNCIL TO CONSIDER AGRICULTURAL BUSINESSES IN AWARDING ECONOMIC DEVELOPMENT BENEFITS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 973 (Word version) -- Senators Cromer and Alexander: A BILL TO AMEND SECTION 38-7-20 OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE INSURANCE PREMIUM TAX, SO AS TO EXTEND THE DATE THAT CERTAIN REVENUE MUST BE SENT TO THE SOUTH CAROLINA FORESTRY COMMISSION TO 2027.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 1258 (Word version) -- Finance Committee: A BILL TO AMEND CHAPTER 43, TITLE 11 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK, TO PROVIDE FOR THE DISTRIBUTION BY THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK OF CERTAIN FEES AND FINES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES TRANSFERRED TO THE STATE HIGHWAY FUND; TO AMEND SECTIONS 12-37-2740(D), 38-73-470, 56-1-170(B)(3), 56-1-200, 56-1-286(K)(1), 56-1-390(2), 56-1-400(A), 56-1-460(A)(1)(e)(iii), 56-1-550, 56-1-740(B)(3), 56-1-746(D)(3), 56-1-2080, 56-3-355, 56-3-1335, 56-5-750(G)(3), 56-5-2951(B)(1), 56-5-2951(H)(3), 56-9-330, 56-10-240(C), 56-10-245, 56-10-552, 56-19-420(C), AND 56-19-520(A)(4), ALL OF THE 1976 CODE, ALL RELATING TO FEES OR FINES COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT ALL
OR A PORTION OF THE FEES SHALL BE CREDITED TO THE STATE HIGHWAY FUND, AND TO PROVIDE FOR THE DISTRIBUTION OF THOSE FUNDS BY THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; TO AMEND SECTION 12-36-2647 OF THE 1976 CODE, AS ENACTED IN ACT 98 OF 2013 AND RELATED TO SOURCES OF REVENUE USED FOR HIGHWAY CONSTRUCTION AND MAINTENANCE, TO PROVIDE THAT THE REVENUES OF SALES, USE, AND CASUAL EXCISE TAXES DERIVED PURSUANT TO SECTIONS 12-36-2620(1) AND 12-36-2640(1) ON THE SALE, USE, OR TITLING OF A MOTOR VEHICLE MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND TO PROVIDE FOR THE DISTRIBUTION OF THOSE FUNDS BY THE DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Ways and Means, submitted a favorable report with amendments on:
S. 626 (Word version) -- Senators Gregory, Hayes and Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT EIGHTY PERCENT OF THE FAIR MARKET VALUE OF A RENEWABLE ENERGY RESOURCE FOR A PERIOD OF TEN YEARS PROVIDED THE PROPERTY IS OPERATIONAL BY DECEMBER 31, 2020, AND TO EXEMPT A DISTRIBUTED RENEWABLE ENERGY GENERATION PROPERTY FOR RESIDENTIAL USE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5379 (Word version) -- Reps. Yow and Sandifer: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR PHILLIP C. CAULDER, JR., OWNER OF THE MILLER-RIVERS-CAULDER FUNERAL HOME, INC., UPON THE OCCASION OF HIS RETIREMENT AFTER FORTY-FIVE YEARS OF DEDICATED SERVICE, AND TO WISH HIM
CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5380 (Word version) -- Reps. Yow, 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, Fry, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams and Willis: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE INSURANCE AGENCY OF DAN L. TILLMAN AND SONS, INC., IN CHESTERFIELD COUNTY FOR NINE DECADES OF DEDICATED SERVICE TO THE CITIZENS OF CHERAW AND THE SURROUNDING AREA.
The Resolution was adopted.
The following was introduced:
H. 5381 (Word version) -- Reps. Simrill, 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, Fry, 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, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE MAY 16-23, 2016, AS INFRASTRUCTURE WEEK IN SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 5382 (Word version) -- Reps. Hosey, Bamberg, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, 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, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CHERYL LONG FOR FORTY-THREE YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE
CITIZENS OF BARNWELL COUNTY THROUGH THE SEMINAL WORK OF THE BARNWELL COUNTY COMMISSION ON ALCOHOL AND DRUG ABUSE, KNOWN AS THE AXIS 1 CENTER OF BARNWELL.
The Resolution was adopted.
The following was introduced:
H. 5383 (Word version) -- Rep. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN FLORENCE COUNTY FROM ITS INTERSECTION WITH HIGHWAY 95 TO THE TIMMONSVILLE TOWN LIMIT "REVEREND DR. HENRY B. PEOPLES HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY CONTAINING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The SPEAKER ordered the following Veto printed in the Journal:
May 16, 2016
The Honorable Henry D. McMaster
President of the Senate
Statehouse, Second Floor
Columbia, South Carolina 29201
Dear Mr. President and Members of the Senate,
Today, I am vetoing and returning without my approval, R. 178, S. 1016 (Word version), a bill that requires prescriptions from a licensed optometrist or ophthalmologist to receive glasses or contacts based on an in-person comprehensive eye examination. I am vetoing this bill because it uses health practice mandates to stifle competition for the benefit of a single industry, effectively banning eye care kiosks statewide.
During my administration, South Carolina has expanded access to healthcare, including mental health services, to rural and underserved regions of our state using telemedicine. Unfortunately, a small group of
eye care professionals are seeking to block new technologies that expand low-cost access to vision correction services, using two basic arguments.
First, advocates state that kiosks pose a public health risk, which is simply untrue. Individuals can, and should, continue to see their doctor for comprehensive medical exams, and these kiosks do not offer medical evaluations or advice. Second, optometrists argue that kiosks create an uneven playing field because licensed providers cannot take advantage of this technology and charge patients for its use in a medical practice. The answer to this problem is not to ban a new technology, but rather to expand its use. Send a bill to my desk that allows for the expanded use of automatic vision evaluations in all medical settings, and I will sign it.
If allowed to become law, South Carolina would become the eighth state to impose such a ban, putting us on the leading edge of protectionism, not innovation. This is the wrong message to send to the business community. I urge you to continue promoting South Carolina's use of innovative technologies to expand access to medical care and sustain this veto.
My very best,
Nikki R. Haley
Governor
The Veto on the following Act was taken up:
(R. 178, S. 1016 (Word version)) -- Senators Cleary, Jackson, J. Matthews, Campbell, Davis, Scott, Turner, Rankin, Alexander and McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" BY ADDING CHAPTER 24 TO TITLE 40 SO AS TO ESTABLISH CERTAIN REQUIREMENTS TO DISPENSE SPECTACLES OR CONTACT LENSES.
Rep. LONG explained the Veto.
Rep. HILL spoke in favor of the Veto.
The question was put, shall the Act become a part of the law, the Veto of her Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Anthony Atwater Bales Ballentine Bamberg Bannister Bedingfield Bernstein Bowers Bradley Brannon G. A. Brown R. L. Brown Burns Chumley Clary Clemmons Cobb-Hunter Cole Collins H. A. Crawford Crosby Daning Delleney Dillard Douglas Duckworth Felder Finlay Forrester Fry Funderburk Gagnon George Gilliard Goldfinch Govan Hamilton Hayes Henderson Herbkersman Hiott Hodges Hosey Howard Huggins Jefferson Johnson Jordan Kennedy King Knight Loftis Long Lucas Mack McCoy McEachern M. S. McLeod W. J. McLeod Mitchell D. C. Moss V. S. Moss Murphy Nanney Newton Norman Norrell Ott Parks Pope Putnam Quinn Ridgeway Riley Rivers Robinson-Simpson Rutherford Sandifer Simrill G. R. Smith Spires Stavrinakis Tallon Taylor Thayer Tinkler Toole Weeks Wells Whipper White Whitmire Williams Willis Yow
Those who voted in the negative are:
Hill
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. COBB-HUNTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 5338 (Word version) -- Reps. Ott, Hart, 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, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, 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, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. STEVE A. WILSON, SUPERINTENDENT OF THE CALHOUN COUNTY PUBLIC SCHOOLS, FOR HIS OUTSTANDING CONTRIBUTIONS TO THE PUBLIC SCHOOLS OF SOUTH CAROLINA AND TO CONGRATULATE HIM ON BEING NAMED 2017 SOUTH CAROLINA SUPERINTENDENT OF THE YEAR.
H. 5339 (Word version) -- Reps. Huggins, Ballentine, 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, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan,
Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE CHAPIN HIGH SCHOOL GIRLS VARSITY SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND TO CONGRATULATE THEM FOR CAPTURING THE 2016 SOUTH CAROLINA CLASS AAA STATE CHAMPIONSHIP TITLE.
H. 5341 (Word version) -- Rep. Horne: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR B. SMITH, RESTAURATEUR, MAGAZINE PUBLISHER, CELEBRITY CHEF, AND NATIONALLY KNOWN LIFESTYLE MAVEN; AND HER HUSBAND, DAN GASBY, TELEVISION MEDIA SALES EXECUTIVE, TELEVISION PRODUCER, AND COFOUNDER OF THE B. SMITH RETAIL BRAND, FOR THEIR PROFOUND WORK ENTITLED BEFORE I FORGET.
H. 5342 (Word version) -- Reps. Govan, Jefferson, Hosey, Cobb-Hunter, Ott, 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, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Howard, Huggins, 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, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith,
G. R. Smith, J. E. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CLAFLIN UNIVERSITY BASEBALL TEAM FOR AN EXCEPTIONAL SEASON AND TO CONGRATULATE THE PLAYERS AND COACHES ON CAPTURING THE 2016 SOUTHERN INTERCOLLEGIATE ATHLETIC CONFERENCE CHAMPIONSHIP TITLE.
H. 5343 (Word version) -- Reps. Huggins, Ballentine, 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, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE CHAPIN HIGH SCHOOL BOYS VARSITY SOCCER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2016 SOUTH CAROLINA CLASS AAA STATE CHAMPIONSHIP TITLE.
H. 5337 (Word version) -- Reps. Ballentine, Huggins, 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, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Fry, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan,
Hamilton, Hardee, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, 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, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUTCH FORK HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE 2016 CLASS AAAA STATE CHAMPIONSHIP TITLE AND TO COMMEND THE TEAM'S OUTSTANDING ATHLETES AND COACHES.
At 12:58 p.m. the House, in accordance with the motion of Rep. TALLON, adjourned in memory of Fred "Worry" Kirby, to meet at 10:00 a.m. tomorrow.
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