NO. 66
REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:
Our thought for today is from Revelation 2:11: "The Spirit speaks, God is at work. Let anyone who has an ear listen to what the Spirit is saying."
Let us pray. Holy God, help us to hear Your voice and see Your work in this place and the world. Give these Representatives and staff the courage, wisdom, and integrity to do what is good for this State. Provide them with the tools to get the work done. Protect and care for our defenders of freedom and first responders. Bless our Nation, President, State, Governor, Speaker, staff, and all who give of their time and effort to this Assembly. Heal the wounds, those seen and those hidden, of our brave warriors as they suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KING moved that when the House adjourns, it adjourn in memory of Reverend Sylvilla Massey-Feaster, which was agreed to.
The following was introduced: H. 4534 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR CAROLINE CALDWELL DELLENEY, AFTER MORE THAN TEN YEARS OF OUTSTANDING SERVICE TO THE PALMETTO STATE, BOTH IN THE NATION'S CAPITAL AND IN COLUMBIA, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced: H. 4535 (Word version) -- Reps. Cobb-Hunter, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR JAMES H. "JIM" SALLEY, ASSOCIATE VICE CHANCELLOR FOR INSTITUTIONAL ADVANCEMENT AT AFRICA UNIVERSITY IN ZIMBABWE, AFRICA, FOR HIS MANY YEARS OF DEDICATED SERVICE AND OUTSTANDING CONTRIBUTIONS AND TO WISH HIM MUCH CONTINUED SUCCESS AND FULFILLMENT IN THE DAYS AHEAD.
The Resolution was adopted.
The following was introduced:
H. 4536 (Word version) -- Rep. King: A HOUSE RESOLUTION TO HONOR THE LIFE AND LEGACY OF REVEREND SYLVILLA MASSEY-FEASTER AND TO OFFER THE SINCEREST CONDOLENCES TO HER LOVING FAMILY AND FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4537 (Word version) -- Reps. Ligon, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE THE TOWN OF LOWRYS IN CHESTER
COUNTY UPON THE OPENING OF ITS FIRST TOWN HALL ON THURSDAY, MAY 9, 2019.
The Resolution was adopted.
The following was introduced:
H. 4538 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO HONOR AND COMMEND DR. CYRIL SPANN ON THE OCCASION OF THE ADDITION OF THE DR. CYRIL O. SPANN MEDICAL OFFICE TO THE NATIONAL REGISTER OF HISTORIC PLACES AND ITS RECEPTION OF A HISTORICAL MARKER FROM THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.
The Resolution was adopted.
The following was introduced: H. 4539 (Word version) -- Reps. Rutherford, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO CONGRATULATE COLUMBIA MAYOR STEVE BENJAMIN ON EARNING THE POSITION OF PRESIDENT OF THE UNITED STATES CONFERENCE OF MAYORS ON MAY 7, 2018, AND TO WISH HIM MUCH CONTINUED SUCCESS IN HIS ENDEAVORS TO BETTER THE CAPITAL OF OUR GREAT STATE.
The Resolution was adopted.
The following was introduced: H. 4540 (Word version) -- Reps. Allison, Alexander, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR DR. SCOTT TURNER, SUPERINTENDENT FOR DISTRICT FIVE SCHOOLS OF SPARTANBURG COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER A DISTINGUISHED CAREER OF MORE THAN THIRTY YEARS IN THE FIELD OF EDUCATION AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 676 (Word version) -- Senator M. B. Matthews: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME MITCHELLVILLE ROAD IN JASPER COUNTY "COUNCILMAN LEROY SNEED ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 767 (Word version) -- Senator Shealy: A CONCURRENT RESOLUTION TO WELCOME THE MARCH OF DIMES TO THE STATE HOUSE AND RECOGNIZE WEDNESDAY, MAY 1, 2019, AS "SOUTH CAROLINA HEALTHY MOTHER'S DAY."
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following: S. 794 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO CONGRATULATE SOUTH CAROLINA'S 2019 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 799 (Word version) -- Senators Alexander, Cash and Gambrell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME A PORTION OF INTERSTATE-85 IN ANDERSON AND OCONEE COUNTY "CHRISTINA ADAMS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 801 (Word version) -- Senators Sabb, Leatherman, Johnson and Williams: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE UNITED STATES HIGHWAY 378 BYPASS OVER UNITED STATES HIGHWAY 52 IN LAKE CITY "FARRAH TURNER MEMORIAL BYPASS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 802 (Word version) -- Senator Sabb: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 512 AND COUNTY ROAD S-45-159 IN WILLIAMSBURG COUNTY "PEARL R. BROWN INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION CONTAINING THE DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 815 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO CONGRATULATE REV. DR. MICHAEL ROSS UPON THE OCCASION OF HIS THIRTIETH ANNIVERSARY AS PASTOR OF NEW EBENEZER BAPTIST CHURCH AND TO COMMEND HIM FOR HIS MANY YEARS OF SERVICE TO HIS CONGREGATION AND THE COMMUNITY OF COLUMBIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 823 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO CONGRATULATE CHERYL H. FRALICK OF LEXINGTON COUNTY ON THE OCCASION OF HER RETIREMENT, TO COMMEND HER FOR HER YEARS OF DEDICATED SERVICE TO THE CHILDREN OF SOUTH CAROLINA AS AN EDUCATOR AND ADMINISTRATOR, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
The SPEAKER granted Rep. TOOLE a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. YOUNG a leave of absence for the day due to medical reasons.
The SPEAKER granted Rep. BROWN a leave of absence for the day due to family medical reasons.
The SPEAKER granted Rep. STRINGER a leave of absence for the day due to medical reasons.
Reps. CRAWFORD and JEFFERSON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 2.
Announcement was made that Dr. Patricia W. Witherspoon of Columbia was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3017 (Word version)
Date: ADD:
05/07/19 BLACKWELL
Bill Number: H. 3087 (Word version)
Date: ADD:
05/07/19 SPIRES, WHEELER and DANING
Bill Number: H. 3125 (Word version)
Date: ADD:
05/07/19 FRY
Bill Number: H. 3289 (Word version)
Date: ADD:
05/07/19 JONES
Bill Number: H. 3309 (Word version)
Date: ADD:
05/07/19 DILLARD
Bill Number: H. 3322 (Word version)
Date: ADD:
05/07/19 S. WILLIAMS
Bill Number: H. 3999 (Word version)
Date: ADD:
05/07/19 JONES
Bill Number: H. 4431 (Word version)
Date: ADD:
05/07/19 RUTHERFORD
Bill Number: H. 4482 (Word version)
Date: ADD:
05/07/19 SIMMONS and GILLIARD
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4327 (Word version) -- Reps. R. Williams, Jefferson, Ott, Magnuson, Chumley and Burns: A BILL TO AMEND SECTION 6-9-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF CERTAIN BUILDING CODES ON FARM STRUCTURES, SO AS TO REVISE THE DEFINITION OF "FARM STRUCTURE" FOR PURPOSES OF THIS SECTION.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 109 (Word version) -- Senator Massey: A BILL TO AMEND SECTION 40-79-20 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA ALARM SYSTEM BUSINESS ACT, TO ADD A DEFINITION FOR "ELECTRIC FENCE", AND TO MAKE TECHNICAL CORRECTIONS.
The following Bill was taken up:
H. 3661 (Word version) -- Rep. McCoy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-320 SO AS TO CLARIFY THE MEANING OF THE TERM "CONTIGUOUS" WHEN A MUNICIPALITY THAT IS LOCATED ENTIRELY WITHIN THE BORDERS OF A SPECIAL PURPOSE DISTRICT ANNEXES UNINCORPORATED PROPERTY THAT IS ALSO LOCATED WITHIN THE SAME SPECIAL PURPOSE DISTRICT AS THE ANNEXING MUNICIPALITY.
Rep. JOHNSON moved to adjourn debate on the Bill until Wednesday, May 8, which was agreed to.
The following Bill was taken up:
S. 12 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-225 SO AS TO DESIGNATE THE THIRD WEDNESDAY IN FEBRUARY OF EACH YEAR AS "BARBERS' DAY" IN SOUTH CAROLINA.
Rep. RIDGEWAY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mace Magnuson McCoy McCravy McDaniel McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 16 (Word version) -- Senators Rankin and Cash: A BILL TO AMEND SECTION 40-43-86(P) OF THE 1976 CODE, RELATING TO EMERGENCY REFILLS OF PRESCRIPTIONS BY PHARMACISTS, TO INCREASE THE AMOUNT OF A PRESCRIPTION THAT MAY BE REFILLED WHEN AUTHORIZATION FROM THE PRESCRIBER IS NOT OBTAINABLE FROM A TEN-DAY SUPPLY TO A THIRTY-DAY SUPPLY, AND TO PROVIDE CONDITIONS.
The Committee on Medical, Military, Public and Municipal Affairs proposed the following Amendment No. 1 to S. 16 (Word version) (COUNCIL\WAB\
16C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, Section 40-43-86(P)(4), as contained in SECTION 1, by deleting the item in its entirety and inserting:
/ (4) the pharmacist properly records the dispensing and labels the medication package as an emergency refill; and /
Renumber sections to conform.
Amend title to conform.
Rep. RIDGEWAY explained the amendment.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Pendarvis Pope Ridgeway Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up: S. 132 (Word version) -- Senators Davis, Nicholson, Hutto, M. B. Matthews, Kimpson, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "PA ACT OF 2019" BY ADDING SECTION 40-47-936 SO AS TO PROVIDE CERTAIN ORDERS PHYSICIAN ASSISTANTS MAY PLACE TO BE PERFORMED BY LICENSED PERSONNEL PURSUANT TO THE SCOPE OF PRACTICE OF THE PHYSICIAN ASSISTANT; BY ADDING SECTION 40-47-1025 SO AS TO PROVIDE CERTAIN PROVISIONS MAY NOT BE CONSTRUED TO LIMIT THE EMPLOYMENT ARRANGEMENT OF PHYSICIAN ASSISTANTS; BY ADDING SECTION 40-47-1030 SO AS TO PROVIDE THE BOARD OF MEDICAL EXAMINERS MAY APPROVE PHYSICIAN ASSISTANTS TO ENTER INTO NONDISCIPLINARY ALTERNATIVE PROGRAMS AND TO PROVIDE CONFIDENTIALITY OF RELATED RECORDS; BY ADDING SECTION 40-47-1035 SO AS TO PROVIDE PHYSICIAN ASSISTANTS MAY BE CONSIDERED PRIMARY CARE PROVIDERS OR MENTAL HEALTH PROVIDERS WHEN PRACTICING IN THE MEDICAL SPECIALTIES REQUIRED FOR PHYSICIANS TO BE PRIMARY CARE PROVIDERS OR MENTAL HEALTH PROVIDERS, AND TO CLARIFY THE AFFECT ON RELATED WORKING RELATIONSHIPS AND SCOPES OF PRACTICE; BY ADDING SECTION 40-47-1040 SO AS TO PROVIDE THE BOARD MAY MAKE SPECIAL PROVISIONS FOR LICENSURES OF APPLICANTS WHO HAVE BEEN CLINICALLY INACTIVE FOR MORE THAN TWENTY-FOUR MONTHS, TO PROVIDE REQUIREMENTS FOR THESE SPECIAL PROVISIONS, AND TO PROVIDE PHYSICIAN ASSISTANTS WHO HAVE BEEN FULL-TIME EMPLOYEES OF CERTAIN ACCREDITED EDUCATIONAL PROGRAMS MAY NOT BE CONSIDERED TO HAVE BEEN CLINICALLY INACTIVE FOR LICENSURE OR LICENSE RENEWAL PURPOSES; TO AMEND SECTION 40-47-195, AS AMENDED, RELATING TO SUPERVISING PHYSICIANS IN SCOPE OF PRACTICES, SO AS TO REVISE RELATED REQUIREMENTS; TO AMEND SECTION 40-47-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING PHYSICIANS AND MISCELLANEOUS HEALTH CARE PROFESSIONALS, SO AS TO REVISE NECESSARY TERMS; TO AMEND SECTION 40-47-113, RELATING TO THE ESTABLISHMENT OF PHYSICIAN-PATIENT RELATIONSHIPS, SO AS TO MAKE A CONFORMING CHANGE; TO AMEND SECTION 40-47-910, RELATING TO DEFINITIONS IN THE PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO REVISE AND PROVIDE NECESSARY DEFINITIONS; TO AMEND SECTION 40-47-915, RELATING TO THE APPLICABILITY OF THE PHYSICIAN ASSISTANTS PRACTICE ACT, SO AS TO REVISE THE CRITERIA FOR PERSONS SUBJECT TO THE ACT; TO AMEND SECTION 40-47-925, RELATING TO THE PHYSICIAN ASSISTANT ADVISORY COMMITTEE TO THE BOARD, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-930, RELATING TO THE POWERS AND DUTIES OF THE COMMITTEE AND BOARD, SO AS TO REVISE THE REQUIREMENTS AND MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-935, AS AMENDED, RELATING TO ACTS AND DUTIES THAT PHYSICIAN ASSISTANTS ARE AUTHORIZED TO PERFORM, SO AS TO EXPAND THE RANGE OF THESE ACTS AND DUTIES; TO AMEND SECTION 40-47-938, RELATING TO SUPERVISORY RELATIONSHIPS, SO AS TO REVISE THE REQUIREMENTS FOR THESE RELATIONSHIPS; TO AMEND SECTION 40-47-940, RELATING TO THE LICENSURE APPLICATION PROCESS AND TEMPORARY LICENSES, SO AS TO REVISE THE PROCESS AND PROVIDE REQUIREMENTS FOR EMERGENCY LICENSES; TO AMEND SECTION 40-47-945, RELATING TO CONDITIONS FOR GRANTING PERMANENT LICENSES FOR PHYSICIAN ASSISTANTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-47-950, RELATING TO LIMITED PHYSICIAN ASSISTANT LICENSES, SO AS TO ELIMINATE CERTAIN REQUIREMENTS FOR THESE LICENSES, MODIFY THE ROLE OF SUPERVISING PHYSICIANS, AND MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-955, AS AMENDED, RELATING TO SCOPE OF PRACTICE, SO AS TO REVISE THE REQUIREMENTS AND INCLUDE REQUIREMENTS CONCERNING TELEMEDICINE, AMONG OTHER THINGS; TO AMEND SECTION 40-47-960, RELATING TO REQUIRED CONTENT IN SCOPE OF PRACTICES, SO AS TO REVISE THE REQUIRED CONTENT AND PROVIDE SCOPE OF PRACTICES MAY BE IN WRITTEN OR ELECTRONIC FORMAT; TO AMEND SECTION 40-47-965, RELATING TO REQUIREMENTS OF PHYSICIAN ASSISTANTS WHEN PRESCRIBING CERTAIN TREATMENTS, SO AS TO EXPAND THE AUTHORITY OF PHYSICIAN ASSISTANTS TO PRESCRIBE SUCH TREATMENTS; TO AMEND SECTION 40-47-970, RELATING TO MEDICAL TASKS, ACTS, AND FUNCTIONS THAT PHYSICIAN ASSISTANTS MAY PERFORM, SO AS TO ELIMINATE RESTRICTIONS ON PRESCRIBING CERTAIN CONTROLLED SUBSTANCES AND RESTRICTIONS ON PERFORMING ACTS OUTSIDE THE USUAL PRACTICE OF THEIR SUPERVISING PHYSICIANS; TO AMEND SECTION 40-47-985, RELATING TO UNSCHEDULED INSPECTIONS THAT THE BOARD MAY MAKE OF FACILITIES EMPLOYING PHYSICIAN ASSISTANTS, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 40-47-990, RELATING TO THE IDENTIFICATION OF PHYSICIAN ASSISTANTS, SO AS TO REVISE THE REQUIREMENTS AND PROVIDE FOR EXCEPTIONS DURING UNPLANNED EMERGENCIES; TO AMEND SECTION 40-47-1000, RELATING TO UNLAWFUL REPRESENTATION OF ONESELF AS A PHYSICIAN ASSISTANT, SO AS TO ALLOW THAT PERSONS WHO MEET THE QUALIFICATIONS OF CHAPTER 47, TITLE 40 MAY REPRESENT THEMSELVES AS BEING PHYSICIAN ASSISTANTS, BUT MAY NOT PERFORM PHYSICIAN ASSISTANT ACTS; TO AMEND SECTION 40-47-1005, RELATING TO GROUNDS FOR MISCONDUCT MANDATING DISCIPLINE, SO AS TO REVISE THESE GROUNDS; TO AMEND SECTION 40-47-1015, RELATING TO LICENSURE FEES, SO AS TO REVISE THE FEES; TO AMEND SECTION 40-47-1020, RELATING TO THIRD PARTY REIMBURSEMENTS OF PHYSICIAN ASSISTANTS, SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 40-47-995 RELATING TO THE TERMINATION OF SUPERVISORY RELATIONSHIPS BETWEEN PHYSICIANS AND PHYSICIAN ASSISTANTS.
Rep. RIDGEWAY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons Kirby Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Pendarvis Pope Ridgeway Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
After recusing myself from voting on S. 132 (Word version) due to a possible conflict of interest, I inadvertently voted on the Bill. I wish the record to reflect that I meant to abstain from voting.
Rep. Robert L. Ridgeway
I was temporarily out of the Chamber on constituent business during the vote on S. 132 (Word version). If I had been present, I would have voted in favor of the Bill.
Rep. G. Murrell Smith
The following Bill was taken up: S. 277 (Word version) -- Senator Senn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-67-75 SO AS TO PROVIDE SPEECH-LANGUAGE PATHOLOGISTS AND SPEECH-LANGUAGE PATHOLOGY ASSISTANTS UNDER THEIR SUPERVISION SHALL ADHERE TO CERTAIN GUIDELINES; TO AMEND SECTION 40-67-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE REGULATION OF SPEECH PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO REVISE THE DEFINITION OF SPEECH-LANGUAGE PATHOLOGISTS; TO AMEND SECTION 40-67-30, RELATING TO THE SUPERVISION OF SPEECH-LANGUAGE PATHOLOGY INTERNS AND ASSISTANTS, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 40-67-260, RELATING TO THE COMPLETION OF CERTAIN CONTINUING EDUCATION HOURS FOR LICENSE RENEWAL, SO AS TO ALLOW FOR THE COMPLETION OF CONTINUING EDUCATION UNITS AS AN ALTERNATIVE; TO AMEND SECTION 40-67-280, RELATING TO THE COMPLETION OF CERTAIN CONTINUING EDUCATION HOURS FOR INACTIVE LICENSE REACTIVATIONS, SO AS TO ALLOW FOR THE COMPLETION OF CONTINUING EDUCATION UNITS AS AN ALTERNATIVE; TO AMEND SECTION 40-67-300, RELATING TO THE APPLICABILITY OF THE CHAPTER, SO AS TO LIMIT THE EXEMPTION FOR SPEECH-PATHOLOGISTS AND AUDIOLOGISTS EMPLOYED BY THE FEDERAL GOVERNMENT OR THE STATE TO THOSE SO EMPLOYED BEFORE JANUARY 1, 2020, AND TO REMOVE AN EXEMPTION FOR PERSONS LICENSED UNDER TITLE 40 OR ANOTHER PROVISION OF LAW WHOSE SCOPE OF PRACTICE OVERLAPS WITH THE PRACTICE OF SPEECH PATHOLOGY OR AUDIOLOGY; TO REDESIGNATE CHAPTER 67, TITLE 40 AS "SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS"; AND TO REPEAL ACT 124 OF 2015 RELATING TO THE TEMPORARY EXEMPTION OF CERTAIN APPLICANTS FOR LICENSURE AS SPEECH-LANGUAGE PATHOLOGIST ASSISTANTS FROM THE REQUIREMENT OF HAVING A BACHELOR'S DEGREE FROM A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION.
Rep. RIDGEWAY explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Govan Hardee Hart Hayes Henderson-Myers Henegan Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Trantham Weeks Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
S. 463 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-43-86 OF THE 1976 CODE, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, THE PRESENCE OF PHARMACISTS-IN-CHARGE, CONSULTANT PHARMACISTS, PRESCRIPTION DRUG ORDERS, THE TRANSFERRING OF PRESCRIPTIONS, THE SUBSTITUTION OF AN EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT, LABEL REQUIREMENTS, PATIENT RECORDS AND COUNSELING, POLICIES AND REQUIREMENTS FOR AUTOMATED SYSTEMS, UNLAWFUL PRACTICES, SALES TO OPTOMETRISTS AND HOME MEDICAL EQUIPMENT PROVIDERS, THE CODE OF ETHICS, THE SALE OF POISONS AND RETURNED MEDICATIONS, PERMIT FEES, AND COMPOUNDING REGULATIONS AND RESTRICTIONS, TO PROVIDE THAT A PHARMACIST MAY EXERCISE HIS PROFESSIONAL JUDGMENT TO DISPENSE UP TO A NINETY-DAY SUPPLY OF MEDICATION PER REFILL UP TO THE TOTAL NUMBER OF DOSAGE UNITS AS AUTHORIZED BY THE PRESCRIBER ON THE ORIGINAL PRESCRIPTION, TO PROVIDE CERTAIN REQUIREMENTS, AND TO PROVIDE EXCEPTIONS.
Rep. HART explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Robinson Rose Rutherford Sandifer Simmons Simrill Sottile Spires Stavrinakis Tallon Taylor Thayer Trantham West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 575 (Word version) -- Senators Campsen, McElveen and Martin: A BILL TO AMEND SECTION 50-11-544 OF THE 1976 CODE, RELATING TO WILD TURKEY HUNTING AND TRANSPORTATION TAGS, TO PROVIDE COSTS FOR WILD TURKEY TRANSPORTATION TAGS; TO AMEND SECTION 50-11-580 OF THE 1976 CODE, RELATING TO THE SEASON FOR THE HUNTING AND TAKING OF MALE WILD TURKEY, THE ESTABLISHMENT OF YOUTH TURKEY HUNTING WEEKEND, BAG LIMITS, AND AN ANNUAL REPORT, TO PROVIDE THE SEASON FOR HUNTING AND TAKING A MALE WILD TURKEY, TO PROVIDE BAG LIMITS, TO DELETE THE PROVISION ESTABLISHING YOUTH TURKEY HUNTING WEEKEND, AND TO DELETE A REPORTING REQUIREMENT; TO AMEND ARTICLE 3, CHAPTER 11, TITLE 50 OF THE 1976 CODE, RELATING TO BIG GAME, BY ADDING SECTION 50-11-590, TO PROVIDE FOR YOUTH TURKEY DAY; TO AMEND SECTION 50-9-920(B) OF THE 1976 CODE, RELATING TO REVENUES FROM THE SALE OF PRIVILEGES, LICENSES, PERMITS, AND TAGS, TO PROVIDE THAT REVENUE GENERATED FROM RESIDENT AND NONRESIDENT WILD TURKEY TRANSPORTATION TAG SETS SHALL BE USED FOR CERTAIN PURPOSES; TO REPEAL SECTION 50-11-520 OF THE 1976 CODE, RELATING TO WILD TURKEY SEASON AND THE DECLARATION OF OPEN OR CLOSED SEASONS; AND TO REPEAL SECTION 7 OF ACT 41 OF 2015, RELATING TO THE HUNTING AND TAKING OF WILD TURKEY.
Rep. WHITE moved to adjourn debate on the Bill until Wednesday, May 8, which was agreed to.
The following Bill was taken up:
S. 474 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN TEN SPADEFISH IN ANY ONE DAY, NOT TO EXCEED THIRTY SPADEFISH IN ANY ONE DAY ON ANY BOAT; AND TO AMEND SECTION 50-5-1710(B) OF THE 1976 CODE, RELATING TO SIZE LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, PURCHASE, OR ATTEMPT TO SELL OR PURCHASE SPADEFISH OF LESS THAN FOURTEEN INCHES IN TOTAL LENGTH. Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, May 8, which was agreed to.
The following Bill was taken up:
S. 475 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-5-1705 OF THE 1976 CODE, RELATING TO CATCH LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR HAVE IN POSSESSION MORE THAN THREE TRIPLETAIL IN ANY ONE DAY, NOT TO EXCEED NINE TRIPLETAIL IN ANY ONE DAY ON ANY BOAT; AND TO AMEND SECTION 50-5-1710(B) OF THE 1976 CODE, RELATING TO SIZE LIMITS FOR ESTUARINE AND SALTWATER FINFISH, TO PROVIDE THAT IT IS UNLAWFUL TO TAKE, POSSESS, LAND, SELL, PURCHASE, OR ATTEMPT TO SELL OR PURCHASE TRIPLETAIL OF LESS THAN EIGHTEEN INCHES IN TOTAL LENGTH.
Rep. HIOTT moved to adjourn debate on the Bill until Wednesday, May 8, which was agreed to.
The following Bill was taken up:
S. 21 (Word version) -- Senators Hutto, Shealy and Jackson: A BILL TO AMEND SECTION 63-17-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURT ORDERS DETERMINING THAT A PUTATIVE FATHER IS THE LEGAL FATHER, SO AS TO REQUIRE THAT THE CHILD'S BIRTH CERTIFICATE BE AMENDED; AND TO AMEND SECTION 44-63-163, RELATING TO BIRTH CERTIFICATES PREPARED AFTER A PATERNITY DETERMINATION, SO AS TO MAKE CONFORMING CHANGES.
The Committee on Judiciary proposed the following Amendment No. 1 to S. 21 (Word version) (COUNCIL\VR\21C001.RT.VR19), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 44-1-310 of the 1976 Code amended to read:
Section 44-1-310. (A) The Department of Health and Environmental Control shall establish a Maternal Morbidity and Mortality Review Committee to review maternal deaths and to develop strategies for the prevention of maternal deaths. The committee must be multidisciplinary and composed of members deemed appropriate by the department. The committee also may review severe maternal morbidity. The department may contract with an external organization to assist in collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the committee, and performing other tasks as may be incident to these activities, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section.
(B) The State Registrar shall provide the following necessary data from death certificates of women who died within a year of pregnancy to the department staff for review to assist in identifying maternal death information:
(1) name;
(2) date and time of death;
(3) state and county of residence;
(4) date of birth;
(5) marital status;
(6) citizenship status;
(7) United States armed forces veteran status;
(8) educational background;
(9) race and ethnicity;
(10) date and time of injury;
(11) place of injury;
(12) location where injury occurred;
(13) place of death (facility name and/or address);
(14) manner of death;
(15) whether an autopsy was performed and findings available as to the cause of death;
(16) whether tobacco contributed to death;
(17) primary and contributing causes of death.
(C) The State Registrar shall provide the following necessary data from birth certificates or fetal death reports linked to the woman for whom data from the death certificate was provided pursuant to subsection (B), where available, to department staff for review to assist in identifying maternal death information:
(1) medical record number;
(2) date of delivery; (3) location of event;
(4) name of mother;
(5) mother's date of birth;
(6) mother's race and ethnicity;
(7) mother's pregnancy history;
(8) mother's height and weight;
(9) date of last normal menstrual period;
(10) date of first prenatal visit;
(11) number of prenatal visits;
(12) plurality;
(13) use of WIC during pregnancy;
(14) delivery payment method;
(15) cigarette smoking before and during pregnancy;
(16) risk factors during pregnancy;
(17) infections present or treated during pregnancy;
(18) onset of labor;
(19) obstetric procedures;
(20) characteristics of labor and delivery;
(21) maternal morbidity.
(D) The department must not disclose any information that would identify the mother or baby with anyone outside the department, including the committee. Identifying information includes, but may not be limited to, names, addresses more specific than the county of residence, medical record numbers, and dates and times of birth or death.
(E) The department, or its representatives, on behalf of the committee, shall:
(1) extract necessary data elements from death certificates and birth certificates or fetal death reports, as applicable, and provide de-identified information to the committee for its review and consideration;
(2) review and abstract medical records and other relevant data;
(3) contact family members and other affected or involved persons to collect additional data.
(F) The committee shall:
(1) identify maternal death cases, as defined as a death within one year of pregnancy with a direct or indirect causation related to the pregnancy or postpartum period review information and records provided by the department;
(2) review medical records and other relevant data determine whether maternal death cases reviewed are pregnancy related, as defined as a death within one year of the pregnancy with a direct or indirect causation related to the pregnancy or postpartum period;
(3) contact family members and other affected or involved persons to collect additional data;
(4) consult with relevant experts to evaluate the records and data;
(5)(4) make determinations regarding the preventability of maternal deaths;
(6)(5) develop recommendations for the prevention of maternal deaths; and
(7)(6) disseminate findings and recommendations pursuant to subsection (F)(J).
(C)(G)(1) Health care providers and pharmacies licensed pursuant to Title 40 shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant medical records associated with a case under review by the committee.
(2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this subsection are not liable for civil damages or subject to criminal or disciplinary action for good faith efforts in providing the records.
(3) Coroners and law enforcement shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant records associated with a case under review by the committee.
(D)(H)(1) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this section are not admissible as evidence in any action of any kind in any court or before another tribunal, board, agency, or person. The information, records, reports, statements, notes, memoranda, or other data must not be exhibited nor their contents disclosed, in whole or in part, by an officer or a representative of the department or another person, except as necessary for the purpose of furthering the review of the committee of the case to which they relate. A person participating in a review may not disclose the information obtained except in strict conformity with the review project.
(2) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations authorized by the department pursuant to this section are confidential.
(E)(I)(1) All proceedings and activities of the committee, opinions of members of the committee formed as a result of the proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the department or another person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this section, are confidential and are not subject to the provisions of Chapter 4, Title 30 relating to open meetings or public records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. However, this section must not be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings.
(2) Members of the committee must not be questioned in a civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. However, this section must not be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.
(F)(J) Reports of aggregated nonindividually identifiable data for the previous calendar year must be compiled and disseminated by March first of the following year in an effort to further study the causes and problems associated with maternal deaths. Reports must be distributed to the General Assembly, the Director of the Department of Health and Environmental Control, health care providers and facilities, key governmental agencies, and others necessary to reduce the maternal death rate.
(G)(K) Members shall serve without compensation, and are ineligible for the usual mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.
(L) The department shall apply for and use any available federal or private monies to help fund the costs associated with implementing the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Rep. BERNSTEIN explained the amendment.
Rep. MAGNUSON moved to adjourn debate on the Bill.
Rep. BERNSTEIN moved to table the motion, which was agreed to.
Rep. BERNSTEIN continued speaking.
The amendment was then adopted.
The question recurred to the passage of the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thigpen Trantham West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 196 (Word version) -- Senators Shealy, Hutto, Jackson and Senn: A BILL TO REPEAL SECTION 20-1-300 OF THE 1976 CODE, RELATING TO THE ISSUANCE OF A LICENSE TO AN UNMARRIED FEMALE AND MALE UNDER EIGHTEEN YEARS OF AGE WHEN THE FEMALE IS PREGNANT OR HAS BORNE A CHILD.
Rep. BERNSTEIN explained the Bill.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lucas Mace Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rutherford Sandifer Simmons Simrill G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham West Wheeler Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up: S. 595 (Word version) -- Senators Shealy and Hutto: A BILL TO AMEND SECTION 63-13-40 OF THE 1976 CODE, RELATING TO BACKGROUND CHECKS FOR EMPLOYMENT, TO PROVIDE THAT A CHILDCARE FACILITY MAY NOT EMPLOY A CAREGIVER OR OTHER STAFF IF THAT PERSON IS REGISTERED OR REQUIRED TO REGISTER ON THE NATIONAL SEX OFFENDER REGISTRY, STATE SEX OFFENDER REGISTRY, OR CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT OR FOR OTHER CONVICTIONS, TO REQUIRE EMPLOYEES TO UNDERGO BACKGROUND CHECKS, INCLUDING A SEARCH ON THE NATIONAL SEX OFFENDER REGISTRY, STATE SEX OFFENDER REGISTRY, AND STATE CHILD ABUSE AND NEGLECT REGISTRY AND A DATABASE CHECK IN EACH STATE WHERE THE PERSON HAS LIVED FOR THE PREVIOUS FIVE YEARS, TO GIVE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION THE AUTHORITY TO RETAIN, STORE, AND SHARE RECORDS, AND TO PROVIDE A FEE FOR BACKGROUND CHECKS; TO AMEND SECTION 63-13-50 OF THE 1976 CODE, RELATING TO FINGERPRINT EXEMPTIONS, TO PROVIDE THAT FINGERPRINT REVIEWS CONDUCTED WITHIN THE PREVIOUS SIX MONTHS ARE EXEMPT; AND TO AMEND SECTION 63-13-420 OF THE 1976 CODE, RELATING TO LICENSURE REQUIREMENTS, SECTION 63-13-430 OF THE 1976 CODE, RELATING TO LICENSE RENEWAL, SECTION 63-13-620 OF THE 1976 CODE, RELATING TO A STATEMENT OF APPROVAL REQUIREMENTS, SECTION 63-13-630(D), (E), (F), AND (G) OF THE 1976 CODE, RELATING TO APPROVAL RENEWAL, SECTION 63-13-810(C) OF THE 1976 CODE, RELATING TO THE REGISTRATION REQUIRED FOR FAMILY CHILDCARE HOMES, SECTION 63-13-820 OF THE 1976 CODE, RELATING TO REGISTRATION REQUIREMENTS, SECTION 63-13-830(C) AND (D) OF THE 1976 CODE, RELATING TO PERSONS APPLYING FOR REGISTRATION RENEWALS, AND SECTION 63-13-1010 OF THE 1976 CODE, RELATING TO THE REGISTRATION REQUIRED FOR CHURCHES AND RELIGIOUS CENTERS, TO MAKE CONFORMING CHANGES.
Rep. YOW proposed the following Amendment No. 1 to S. 595 (Word version) (COUNCIL\WAB\595C001.AGM.WAB19), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ___. Chapter 13, Title 63 of the 1976 Code is amended by adding:
(B) All court costs and fees associated with the provisions contained in subsection (A) must be paid by the offender.
(C) A person who violates this provision is guilty of a felony and, upon conviction, must be imprisoned not more than five years." /
Renumber sections to conform.
Amend title to conform.
Rep. YOW explained the amendment.
The amendment was then adopted.
Rep. BERNSTEIN explained the Bill.
Rep. MURPHY proposed the following Amendment No. 2 to S. 595 (Word version) (COUNCIL\SD\595C001.NL.SD19):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 59-19-117 of the 1976 Code is amended by adding a subsection at the end to read:
"( )(1) A school district shall screen prospective employees and current employees who seek to renew an annual contract of employment with the district to determine if the prospective or current employee is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Subarticle 13, Article 3, Chapter 7, Title 63.
(2) Within ninety days after the effective date of this subsection, the Department of Social Services, working with the Department of Education, shall provide training to appropriate district personnel on the appropriate uses of the registry.
(3) Before August 1, 2020, the district board of trustees shall adopt a written policy that specifies the Central Registry of Child Abuse and Neglect check as well as how information received from the search impacts hiring, employment, or renewal decisions. The policy must include, at a minimum, a prohibition of hiring, maintaining the employment of, or renewing the employment of individuals who are the subject of an affirmative determination of abuse or neglect in the registry." /
Renumber sections to conform.
Amend title to conform.
Rep. MURPHY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2.
Rep. FRY moved that the House recede until 3:00 p.m., which was agreed to.
At 3:00 p.m. the House resumed, the SPEAKER PRO TEMPORE in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER PRO TEMPORE granted Rep. MCKNIGHT a temporary leave of absence.
Rep. FRY asked unanimous consent to recall H. 3733 (Word version) from the Committee on Judiciary.
Rep. HILL objected.
Rep. TALLON asked unanimous consent to recall S. 176 (Word version) from the Committee on Judiciary.
Rep. KING objected.
The Veto on the following Act was taken up: (R. 35, S. 735 (Word version)) -- Senator Johnson: AN ACT TO ABOLISH THE CLARENDON COUNTY BOARD OF EDUCATION; TO AMEND ACT 593 OF 1986, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 AND SCHOOL DISTRICT NO. 2 IN CLARENDON COUNTY, SO AS TO PROVIDE THAT THE CLARENDON COUNTY LEGISLATIVE DELEGATION MAKES FOUR APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 1 IN CLARENDON COUNTY AND NINE APPOINTMENTS TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICT NO. 2 IN CLARENDON COUNTY; AND TO REPEAL CERTAIN LOCAL PROVISIONS INCONSISTENT WITH THIS ACT.
Rep. RIDGEWAY explained the Veto.
The question was put, shall the Act become a part of the law, the Veto of his 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 Bales Ballentine Bamberg Bernstein Blackwell Brawley Bryant Calhoon Chellis Clary Clyburn Cobb-Hunter Cogswell Collins W. Cox Felder Finlay Forrest Funderburk Gagnon Garvin Gilliard Hayes Henderson-Myers Henegan Hosey Hyde Jefferson Jordan Kimmons King Ligon Lowe Lucas Martin McCoy McDaniel Moore V. S. Moss B. Newton Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Simmons G. M. Smith Sottile Spires Stavrinakis Taylor Thigpen West Wheeler R. Williams S. Williams Wooten
Those who voted in the negative are:
Bennett Bradley Burns Caskey Chumley B. Cox Daning Elliott Erickson Forrester Gilliam Hill Hiott Huggins Jones Long Mace Magnuson McCravy Morgan D. C. Moss Sandifer Tallon Thayer Trantham Whitmire
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration:
H. 4000 (Word version) -- 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, 2019, 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. G.M. SMITH, SIMRILL, HERBKERSMAN, WHITMIRE, STAVRINAKIS, ERICKSON, LOWE, FINLAY and BANNISTER proposed the following Amendment No. 1A to H. 4000 (Word version) (DocName H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2AMENDBACK. DOCX):
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 13, 2019, which is hereby incorporated into this amendment.
Amend the bill further, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 12, immediately after line 10, by inserting a new line to read:
Column 5 Column 6
NEW POSITION
IT MANAGER II 1
(1.00)
Amend the bill further, as and if amended, Part IA, Section 93, DEPT OF ADMINISTRATION, page 231, line 13, opposite /CHILDREN'S CASE RESOLUTION/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
4,054 4,054
Amend the bill further, as and if amended, Part IA, Section 100, ADJUTANT GENERAL'S OFFICE, page 244, immediately after line 2, by inserting a new line to read:
Column 5 Column 6
YOUTH CHALLENGE
PROGRAM 1 1
Amend the bill further, as and if amended, Part IA, Section 113, AID TO SUBDIVISIONS - STATE TREASURER, page 261, immediately after line 20, by inserting a new line to read:
Column 5 Column 6
CORONERS - LOCAL CHILD
FATALITY REVIEW TEAM 1 1
Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 301, after line 23, by adding an appropriately numbered paragraph to read:
/ (SDE: Online Accounting or Ledger) Any corporation, partnership, sole proprietor, consortium, or association of districts, or any entity or person that receives state funds from a public school district or any school within a school district must, on a website that is continuously accessible to the public, maintain an online accounting or ledger that sets forth the recipient and the amounts received and expended./
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 337, paragraph 3.5 (FY 2019-20 Lottery Funding), after line 29, by inserting:
/ For Fiscal Year 2019-20, net lottery proceeds and investment earnings above the Fiscal Year 2018-19 certified surplus are appropriated pro-rata as follows:
(1) State Board for Technical and
Comprehensive Education--SPICE Program $ 1;
(2) Commission on Higher Education--Higher
Education Excellence Enhancement Program $ 1;
(3) State Board for Technical and
Comprehensive Education--Midlands Technical
College-Quick Jobs/Dual Credit Funding $ 1;
(4) State Board for Technical and Comprehensive
Education--Orangeburg-Calhoun Technical
College-Truck Driving Certificate $ 1;
(5) Commission on Higher Education--
Career Clusters $ 1;
(6) Commission on Higher Education--
Memorial Professorships $ 1;
(7) South Carolina State University--
School of Business $ 1;
(8) Commission on Higher Education--
University Center of Greenville-Debt Service $ 1;
(9) USC--Union Campus-Nursing Program
Technology Upgrades $ 1;
(10) State Board for Technical and
Comprehensive Education--Spartanburg Community
College-Cherokee Campus $ 1;
(11) Department of Education--Innovation
Grants $ 1;
(12) Education Oversight Committee--After School
Pilot Program and Clemson Forest Initiative $ 1; and
(13) Department of Education--Instructional
Materials $All Remaining./
Amend the bill further, as and if amended, Part IB, Section 3, LOTTERY EXPENDITURE ACCOUNT, page 337, paragraph 3.5 (FY 2019-20 Lottery Funding), after line 35, by inserting an appropriately numbered item to read:
/ ( ) Commission on Higher Education--Need Based Grants $ 1 /
Amend the bill further, as and if amended, Part IB, Section 41, DEPARTMENT OF CHILDREN'S ADVOCACY, page 387, paragraph 41.4 (CCRS Evaluations & Placements), lines 23 - 32, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 41, DEPARTMENT OF CHILDREN'S ADVOCACY, page 387, paragraph 41.5 (CCRS Significant Fiscal Impact), lines 33 - 36, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 50, DEPARTMENT OF COMMERCE, page 397, paragraph 50.21, lines 28-36, and page 398, lines 1-2, by striking the paragraph in its entirety and by inserting:
/ 50.21. (CMRC: Development - Funding for Rural Infrastructure) There is established within the Department of Commerce the Rural School District and Economic Development Closing Fund. The Secretary of Commerce shall use the fund to facilitate economic development and infrastructure improvements in counties that meet each of the following criteria: (1) one of the top twelve counties in South Carolina with the highest population decline (by percentage) since 2010; (2) one of the top twelve counties with the highest average unemployment rate for 2018; and (3) according to the US Census 2017 - a county with a poverty rate in excess of 20%. Funds are to be used on, but not limited to, economic development projects, water and sewer infrastructure, and school building infrastructure. Once a project is committed, the funds may be utilized to finish that specified project, even if the county does not remain an eligible county in subsequent years. Of the funds transferred to the fund, up to $15,000,000 may be used in any county that is contiguous to an eligible county as long as that contiguous county has one county-wide consolidated public school district. Any unexpended funds at the end of the fiscal year shall be carried forward and expended in the current fiscal year by the Department of Commerce for the same purposes. /
Amend the bill further, as and if amended, Part IB, Section 101, ELECTION COMMISSION, page 453, paragraph 101.12 (Statewide Voting System Reserve Fund), lines 16 - 21, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 501, paragraph 117.112 (Employee Compensation), after line 13, by inserting a new paragraph within item (2), which was adopted:
/ With respect to unclassified employees of institutions of higher education and technical colleges eligible in this item, institutions and technical colleges are authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employee subject to the provisions of this item are based on an annual average two percent increase and may be based on performance. /
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 508, paragraph 117.129 (Study Committee on Electronic Recording of Custodial Interrogations), lines 8 - 29, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 517, paragraph 117.146 (Workforce Pathways Grant Fund), lines 32 - 36, and page 518, lines 1-31, by striking the proviso in its entirety.
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 529, paragraph 118.16 (Nonrecurring Revenue), after line 36, by adding the following numbered subitem to read:
/(3) $9,598,318 from the Litigation Recovery Account./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 530, paragraph 118.16 (Nonrecurring Revenue), after line 15, Item (3) by adding the following numbered subitems to read:
/ (b) Professional Services $5,000,000
(3.1) From the funds appropriated to the Department of Administration in Item(3)(b) for Professional Services, the department is authorized to procure such professional services that are necessary to qualify bids and proposals; receipt and evaluation of bids received for a sale, management proposals, and Santee Cooper's proposal; and, negotiate contracts for the consummation of a sale or a management proposal, and related activities. These professional services shall include, but may not be limited to, financial institutions, investment bankers, legal counsel, industry consultants and utility consultants. In the event these funds are not used for this purpose, the funds shall revert to the General Fund. The provisions of the Consolidated Procurement Code in Chapter 35, Title 11 of the 1976 Code and any other provisions of the general law of this State in conflict with the provisions of this proviso are hereby suspended with regard to the activities undertaken pursuant herein./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 530, paragraph 118.16 (Nonrecurring Revenue), after line 33, Item (7) by adding the following numbered subitem to read:
/ (c) Cervical Cancer Awareness $150,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 531, paragraph 118.16 (Nonrecurring Revenue), after line 36, Item (21) by adding the following numbered subitem to read:
/ (b) Local Law Enforcement Grants $2,000,000;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 532, paragraph 118.16 (Nonrecurring Revenue), after line 30, Item (33) by adding the following numbered subitem to read:
/ (c) Community Development Grants $2,000,000;/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 533, paragraph 118.16 (Nonrecurring Revenue), after line 9, by adding appropriately numbered items and subitems to read:
/ ( ) H630 - Department of Education
(a) First Steps-Outcome and Accountability
System $ 1;
(b) Governor's School for the Arts and
Humanities Replace Parking Lot
and Roads $ 1;
(c) Governor's School for the Arts and
Humanities Safety Repair $ 1;
( ) H790 - Department of Archives and History
Historic Preservation $ 1;
( ) H910 - Arts Commission
Cultural Arts & Theater Center Renovation $ 1;
( ) J040 - Department of Health and Environmental
Control
MAD USA Men Against Domestic Violence $ 1;
( ) L040 - Department of Social Services
Florence Crittenton $ 1
( ) P160 - Department of Agriculture
(a) Regional Farmers Markets $ 1;
(b) Farmers - Flood Relief $ 1;
( ) P200 - Clemson University - PSA
Facility Renovation for Water Research $ 1;
( ) P240 - Department of Natural Resources
(a) Law Enforcement Officer Class -
Equipment $ 1;
(b) State Water Planning $ 1;
( ) P280 - Department of Parks, Recreation
and Tourism
Morris Island Lighthouse $ 1;
( ) B040 - Judicial Department
Ditigal Courtroom Recording $ 1;
( ) E210 - Prosecution Coordination Commission
(a) Student Loan Forgiveness $ 1;
(b) Center for Fathers and Families $ 1;
( ) D100 - State Law Enforcement Division
(a) Vehicle Replacement Plan $ 1;
(b) First Responder PTSD Treatment $ 1;
(c) SC Critical Infrastructure
Cybersecurity Program Personnel $ 1;
( ) N120 - Department of Juvenile Justice
(a) Payment for Overtime $ 1;
(b) Payment for Comp time $ 1;
( ) R360 - Department of Labor, Licensing
and Regulation
(a) Urban Search and Rescue - SC Task
Force 1 Equipment $ 1;
(b) Local Fire Department Grants $ 1;
( ) R600 - Department of Employment and
Workforce
Be Pro Be Proud $ 1;
( ) U120 - Department of Transportation
T Bridge Repair and Rehabilitation $ 1;
( ) U300 - Division of Aeronautics
State Aviation Fund $ 1;
( ) A010 - The Senate
Operating $ 1; /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. M. SMITH explained the amendment.
Rep. G. M. SMITH 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 Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
The amendment was then adopted.
Rep. G.M. SMITH proposed the following Amendment No. 2A (Doc Name h:\legwork\house\amend\h-wm\001\h2 farm aid.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 530, 118.16 (Nonrecurring Revenue), after line 17, by adding an appropriately numbered item to read:
/ ( ) P160 - Department of Agriculture
Farm Aid $25,000,000/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 533, paragraph 118.16 (Nonrecurring Revenue), line 9, opposite /Taxpayer Rebate/ by striking /$34,733,266/ and inserting /$9,733,266/
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 533, after line 11, by adding an appropriately numbered paragraph to read:
/ 118.17. (SR: Farm Aid) There is created the 'South Carolina Farm Aid Fund'. This fund is separate and distinct from the general fund of the State and all other funds. Earnings on this fund must be credited to it. Revenues credited to this fund in a fiscal year must be used in that fiscal year to operate a grant program that provides financial assistance to farmers.
To be eligible for a grant, the person must have:
(1) experienced a verifiable loss of agricultural commodities of at least thirty percent as a result of the flooding occurring in the aftermath of Hurricanes Michael and Florence for which:
(a) the Governor declared a state of emergency in the State for the county in which the farm is located; and
(b) the United States Secretary of Agriculture issued a Secretarial Disaster Declaration for the county in which the farm is located;
(2) a farm number issued by the Farm Service Agency;
(3) signed an affidavit, under penalty of perjury, certifying that each fact of the loss presented by the person is accurate; and
(4) a signed affidavit, under penalty of perjury, certifying that no federal funds have been received for these specific disasters, and in the event that federal funds are received, the person will return all state monies received under this program. The Department of Agriculture (department) shall administer the grant program authorized by this proviso. The Department of Revenue shall assist the Department of Agriculture in the administration of the grant program by providing auditing services, accounting services, and review and oversight of all financial aspects of the grant program. There is created the Farm Aid Advisory Board to make recommendations to the department regarding the duties of the department in administering the grant program. The Commissioner of Agriculture, or his designee, shall serve ex officio, as chairman of the board. Also, the Director of the Department of Revenue, or his designee, the Vice President for Public Service and Agriculture of Clemson Public Service Activities, or his designee, and the Vice President for Land Grant Services of South Carolina State Public Service Activities, or his designee, shall serve on the board. The following additional members shall be appointed to the board:
(1) the Commissioner of Agriculture shall appoint one member representing the South Carolina Farm Bureau;
(2) the Commissioner of Agriculture shall appoint one member representing a farm credit association;
(3) the Director of the Department of Revenue shall appoint one member representing the crop insurance industry; and
(4) the Director of the Department of Revenue shall appoint one member who is an agricultural commodities producer.
By July twentieth of the current fiscal year, the board shall hold its initial meeting to recommend an application process by which a person with a loss resulting from the flooding occurring in the aftermath of Hurricanes Michael and Florence may apply for a grant. Upon adoption of an application process, the Department of Agriculture shall provide the Chairman of the House Ways and Means Committee and the Chairman of the Senate Finance Committee with a written copy of its application process within ten days after its adoption. A person shall apply not later than forty-five days after the adoption of the application process. The department must ensure every person interested in applying for a grant has access to adequate resources to submit his application in a timely manner, and upon request, the department must assist a person with the preparation of his application. Each grant awarded by the department may not exceed twenty percent of the person's verifiable loss of agricultural commodities. However, a person, including any grant made to a related person, may not receive grants aggregating more than one hundred thousand dollars. Also, a person, including any grant made to a related person, may not receive grants that when combined with losses covered by insurance, exceed one hundred percent of the actual loss. If a grant is made to a related person, the amount to be included in the limits set by this proviso must be the amount of the grant multiplied by the person's ownership interest in the related person. However, a person who shares an ownership interest with another person or entity may not be refused a grant solely because the other person or related person has otherwise received the maximum grant amount, but in this case, the person's grant amount is limited by the person's ownership interest.
If the total amount of grants allowed pursuant to this proviso exceeds the monies in the fund, then each person's grant must be reduced proportionately.
To determine loss, the department:
(1) must measure the person's cumulative total loss of all affected agricultural commodities for the year in which the flooding occurred against the person's expected production of all agricultural commodities affected by the flooding occurring in the aftermath of Hurricanes Michael and Florence;
(2) shall use the person's applicable actual production history yield, as determined by the Federal Crop Insurance Corporation, to determine loss for insured agricultural commodities. In determining loss for uninsured agricultural commodities, the department shall use the most recent year's county price and county yield, as applicable, as determined by the National Agriculture Statistics Service, United States Department of Agriculture; and
(3) may require any documentation or proof it considers necessary to efficiently administer the grant program, including the ownership structure of each entity and the social security numbers of each owner. Minimally, in order to verify loss, the department shall require the submission of dated, signed, and continuous records. These records may include, but are not limited to, commercial receipts, settlement sheets, warehouse ledger sheets, pick records, load summaries, contemporaneous measurements, truck scale tickets, contemporaneous diaries, appraisals, ledgers of income, income statements of deposit slips, cash register tape, invoices for custom harvesting, u-pick records, and insurance documents.
Grant awards must be used for agricultural production expenses and losses due to the flooding which demonstrate an intent to continue the agricultural operation; however, awards may not be used to purchase new equipment. The department shall develop guidelines and procedures to ensure that funds are expended in the manner outlined in grant applications, and may require any documentation it determines necessary to verify the appropriate use of grant awards including receipts. If the department determines that a person who received a grant provided inaccurate information, then the person shall refund the entire amount of the grant. If the department determines that a person who received a grant used the funds for ineligible expenses, then the person must refund the amount of the ineligible expenses. If the person does not refund the appropriate amount, the Department of Revenue shall utilize the provisions of the Setoff Debt Collection Act to collect the money from the person.
The department shall coordinate the exchange of information between the USDA and the Department of Revenue to identify any person that received a Farm Aid grant for the flooding occurring in the aftermath of Hurricanes Michael and Florence and also received federal aid relief for the same disaster. Any person that is determined to have received grant funds from both the state and federal government, must immediately repay the state grant they received.
If the department determines that a person knowingly provided false information to obtain a grant pursuant to this proviso or knowingly used funds for ineligible expenses, the person shall be subject to prosecution pursuant to Section 16-13-240.
Within forty-five days of the completion of the awarding of grants, but no later than the end of the fiscal year, the Farm Aid Advisory Board is dissolved. Any funds remaining in the fund upon dissolution shall lapse to the general fund.
The department may accept private funds, grants, and property to be used to make financial awards from the grant program.
If federal funds are allocated for persons that are otherwise eligible for a grant pursuant to this proviso before the current fiscal year begins, then the provisions of this proviso are not effective and no funds may be credited to the South Carolina Farm Aid Fund.
For purposes of this proviso:
(1) 'Agricultural commodities' means wheat, cotton, flax, corn, dry beans, oats, barley, rye, tobacco, rice, peanuts, soybeans, sugar beets, sugar cane, tomatoes, grain sorghum, sunflowers, raisins, oranges, sweet corn, dry peas, freezing and canning peas, forage, apples, grapes, potatoes, industrial hemp, timber and forests, nursery crops, citrus, and other fruits and vegetables, nuts, tame hay, native grass, aquacultural species including, but not limited to, any species of finfish, mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile, or aquatic plant propagated or reared in a controlled or selected environment, excluding stored grain; (2) 'Person' means any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group;
(3) 'Related person' means any person, joint venture, or entity that has a direct or indirect ownership interest of a person or legal entity; and
(4) 'Department' means the Department of Agriculture./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. M. SMITH explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Lowe Lucas Mack Martin McCoy McCravy McDaniel McGinnis D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
Hill Jones Long Mace Magnuson Morgan
The amendment was then adopted.
May 7, 2019
The Honorable Speaker of the House James H. "Jay" Lucas
506 Blatt Bldg.
Columbia, SC 29201
Dear Speaker Lucas,
I am notifying you that I will not participate in the debate or vote on on Part IB, Section 118 regarding the Department of Agriculture of H. 4000 (Word version), the annual General Appropriations Bill for Fiscal Year 2019-2020. I orignally voted on Part IB, Section 118 of H. 4000 (Word version) in March before this proviso was added to the Bill. In accordance with Section 8-13-700(B) of the SC Code, I now recuse myself from voting on Part IB, Section 118 because of a potential conflict of interest due to an economic interest of myself and the business with which I am associated may be affected. I wish to have my recusal and explanation noted for the House Journal.
Rep. Kirkman Finlay III
I was temporarily out of the Chamber on constituent business during the vote on Amendment 2A of H. 4000 (Word version). If I had been present, I would have voted in favor of the Amendment.
Rep. Marvin Pendarvis
Rep. SIMRILL proposed the following Amendment No. 3A (Doc Name h:\legwork\house\amend\h-wm\002\sc state-enrollment loan forgiveness.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 348, after line 21, by adding an appropriately numbered paragraph to read:
/ (SCSU: Enrollment Loan Forgiveness) Any South Carolina State University that is related to a loan forgiveness to the state, shall mean total headcount enrollment, as determined by the Commission on Higher Education./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SIMRILL explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Felder Finlay Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten Yow
Those who voted in the negative are:
The amendment was then adopted.
I was out of the Chamber and missed the vote on Amendment 3A on H. 4000 (Word version). I would have voted in the affirmative had I been present.
Rep. Shannon Erickson
Rep. BANNISTER proposed the following Amendment No. 4A (Doc Name h:\legwork\house\amend\h-wm\002\h2 job order pilot.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, after line 8, by adding an appropriately numbered paragraph to read:
/ (GP: Job Order Contracting Pilot Program) Procurement Services of the State Fiscal Accountability Authority may pilot test a job order contracting method on behalf of one or more governmental bodies or public procurement units by entering into job order contracts to acquire construction services when the exact time or exact quantities of future jobs are not known at the time of contract award. Procurement Services shall determine, in its sole discretion, which governmental bodies and public procurement units may participate in the pilot project. Procurement Services may enter into job order contracts with up to four businesses for each geographic area for each licensing classification and sub-classification for construction. Licensing classification and sub-classification is defined by Chapter 11 of Title 40 of the 1976 Code. Except as otherwise provided in this provision, a job order contract must be procured as provided for in the South Carolina Procurement Code. All bidders shall be prequalified as provided for in Section 11-35-1520(11) and the State Engineer or his designee shall supervise the prequalification process. Procedures and requirements for the notification of intent to award the contracts shall follow those provided in Section 11-35-1520(10). For the current fiscal year, Section 11-35-3023 shall not apply to contracts awarded pursuant to this provision.
For purposes of this provision the term 'job order contract' means a contract that provides for the issuance of job orders for the performance of construction, renovation, and repair work, where contractors propose an adjustment factor or factors to be applied to a catalog of preset unit prices calculated using local prevailing wage rates, local equipment and local material costs, and where individual job orders are issued to the awarded contractors on an as needed basis and the price paid for the work is a lump sum of the preset unit prices needed to complete the job order multiplied by the quantity required multiplied by the adjustment factor.
For purpose of the pilot project, a job order contract may not exceed five years, including extensions. The sum of all individual job orders may not exceed four million dollars per contract annually. Any unused capacity from the prior year may be carried over for one year and be added to the current year's limit. The maximum annual volume including unused capacity shall not exceed the limit of two years. A single project must not be performed using job order contracts in combination with contracts awarded pursuant to Section 11-35-1550. A job order must clearly specify all tasks to be performed or property to be delivered under the order so the full price for the performance of the work can be established when the order is placed. All job orders must be issued on a fixed-price basis. All job orders must be issued within the period of the contract and must be within the scope and maximum value of the contract. An individual project using job orders may not exceed five hundred thousand dollars. Work may not be divided artificially in order to avoid these limits. Each job order shall provide an itemized list of each construction tasks required to complete the work with the task's associated unit price and applied adjustment factor. Each job order proposal shall be certified as contract compliant by a reviewer independent of the contractor.
Any solicitation for a job order contract must include the following:
(1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option, if any;
(2) the maximum dollar value of the services to be procured under the contract;
(3) the maximum dollar value of the services to be procured under a single job order;
(4) a description that reasonably describes the licensing classification and the general scope, nature, complexity, and purposes of the services to be procured under the contract in a manner that will enable a prospective bidder to decide whether to submit a bid;
(5) the procedures that the governmental body will use for issuing job orders, which may be on a rotation or some other method deemed appropriate by the governmental body except that soliciting quotes for individual job orders shall be prohibited;
(6) if applicable, the geographic area to which the job order contract applies. Ordinarily, a geographically contiguous area should not be subdivided; and
(7) the number of job order contracts to be awarded.
Administrative review under Article 17 is not available for the award of an individual job order, except for a protest of the award of a job order on the grounds that the order increases the scope, period, or maximum value of the job order contract under which the order is issued./
Renumber sections to conform.
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Rep. BANNISTER explained the amendment. The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Caskey Chellis Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Huggins Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Trantham Weeks West White Whitmire R. Williams S. Williams Willis Wooten Yow
Jones Simmons
The amendment was then adopted.
Rep. RUTHERFORD proposed the following Amendment No. 5A (Doc Name COUNCIL\DG\4000C018.NBD.DG19.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 101, ELECTION COMMISSION, by adding a new proviso to read:
/ (ELECT: Third-Party Consultant) In the current fiscal year and from the funds appropriated, the Election Commission must expend funds to contract for a third-party consultant to advise the Richland County Election Commission on the conduct of elections. /
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Rep. RUTHERFORD explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Ballentine Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Caskey Chellis Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Trantham Weeks West Wheeler White R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 6A (Doc Name h:\legwork\house\amend\h-wm\002\h2 staffing ratios.docx):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 281, paragraph 1.25, lines 9-12, by striking:/All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with disabilities who have Individualized Education Programs./
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Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. NORRELL spoke in favor of the amendment.
Rep. COLLINS spoke against the amendment.
Rep. COLLINS spoke against the amendment.
Rep. R. WILLIAMS spoke in favor of the amendment.
Rep. OTT moved to adjourn debate on the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 7A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2STAFFING RAT IOS EIA.DOCX):
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 307, paragraph 1A.14, lines 7-10, by striking:/All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with disabilities who have Individualized Education Programs./
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Rep. OTT moved to adjourn debate on the amendment, which was agreed to.
Rep. ELLIOTT proposed the following Amendment No. 8A (Doc Name h:\legwork\house\amend\h-wm\002\h2 1a.50 charter school.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 316, paragraph 1A.50 (South Carolina Public Charter School Funding), after line 34, by inserting:
/ In addition, from the EIA funds appropriated in and carried forward from Act 97 of 2017, the Department of Education shall distribute to the South Carolina Public Charter School District, an amount equal to $3,600 per pupil for three and four year old students with a disability, who were eligible for services under IDEA and who were enrolled in brick and mortar charter schools sponsored by the district or registered institution of higher education during the 2017-2018 School Year and for whom EIA funding previously was not provided. The district shall distribute the funds on a per pupil basis to the charter schools which provided the IDEA services and shall not retain any portion thereof. The schools shall submit documentation of the student count to both the district and the department before the funds are dispersed. /
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Rep. ELLIOTT explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 8A to H. 4000 (Word version), under Rule 5.3B, was not germane to the Bill.
Rep. ELLIOTT spoke against the point.
SPEAKER PRO TEMPORE stated the substantial effect of all temporary provisions of law and amendments thereto must be directly germane to the appropriation of funds, affecting revenue, or be rules, regulations, directives, or procedures relative to the appropriation of funds or affecting revenue for the fiscal year referred to in the bill. In Amendment 8A, the marker is to determine the amount of money, based on 2017. This 2019 Budget is actually allocating the monies and it is germane as it is being allocated during this particular budget.
The SPEAKER PRO TEMPORE stated that the Point of Order is overruled and Amendment 8A is germane.
Rep. ELLIOTT continued speaking.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bailey Bales Ballentine Bamberg Bannister Bennett Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Forrest Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Johnson Jones Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West White Whitmire R. Williams Willis Wooten
Those who voted in the negative are:
Jefferson Wheeler
The amendment was then adopted.
Rep. ALLISON proposed the following Amendment No. 9A (Doc Name h:\legwork\house\amend\h-wm\002\h2 standards-based.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 301, after line 23, by adding an appropriately numbered paragraph to read:
/ (SDE: Standards-Based Assessments Suspended) In Fiscal Year 2019-20, the provisions of Section 59-18-325(C)(3) requiring science standards-based assessments of students in grade eight and social studies standards-based assessments of students in grades five and seven are suspended. Of the funds available due to the suspension of these assessments, $500,000 must be used by the Department of Education to fund educator professional development regarding the South Carolina Computer Science and Digital Literacy Standards. The remainder of the funds shall be used to pay for industry certification/credentials as approved to measure College/Career Readiness for purposes of the state accountability system. /
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Rep. ALLISON explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Ballentine Bannister Bennett Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Funderburk Gagnon Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Rose Rutherford Sandifer Simmons G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. ALLISON proposed the following Amendment No. 10A (Doc Name h:\legwork\house\amend\h-wm\002\h2 formative assessments. docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 329, after line 27, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: Formative Assessments) From the funds appropriated to the Department of Education in the current fiscal year for assessment/testing and allocated to school districts for formative assessments, local school districts shall not administer more than one formative assessment per grade level. Assessments must provide students with Lexile and Quantile scores that are shared with students' parents or guardians. /
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Rep. ALLISON explained the amendment.
Rep. ALLISON spoke in favor of the amendment.
The SPEAKER PRO TEMPORE granted Rep. BALLENTINE a leave of absence for the remainder of the day.
The SPEAKER PRO TEMPORE granted Rep. CHELLIS a leave of absence for the remainder of the day.
Rep. ALLISON continued speaking.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bamberg Bannister Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. ERICKSON proposed the following Amendment No. 11A (Doc Name h:\legwork\house\amend\h-wm\002\value-added assessment system.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 329, after line 27, by adding an appropriately numbered paragraph to read:
/ (SDE-EIA: Value-Added Assessment System) In the current fiscal year, the Education Oversight Committee is directed to procure a value-added assessment system. The system shall calculate student growth and include the measurement of magnitude or certainty of growth in accordance with the requirements of the state and federal accountability system as defined in Chapter 18 of Title 59.
The committee is hereby authorized to administer this system statewide, which includes training teachers, administrators and other relevant personnel on the use of the system. The system procured by the committee will replace any duplicative system utilized by the Department of Education for the same purposes. The committee is also hereby directed to share all relevant data with the Revenue and Fiscal Affairs Office, as a component of its longitudinal data system. The committee, along with Revenue and Fiscal Affairs Office, is directed to review how the value-added assessment system can be used to assist colleges of education in achieving accreditation and in improving the quality of teacher education programs and future education funding decisions.
districts may use the value-added assessment system to evaluate classroom teachers using student progress or growth.
The estimates of specific teacher effects on the educational progress of students will not be a public record and will be made available only to the specific teacher, principal and superintendent.
All relevant data types necessary for the release of the annual school and district report cards will be transferred from the Department of Education to the committee two weeks after receipt of data from relevant assessment vendors (for the testing data elements).
Additionally, the department shall provide the following non-assessment data related to the prior school year to the committee by August 30 of the current fiscal year: student enrollment with SUNS identifiers and continuous enrollment indicators; list of schools that will receive school report cards; and student enrollment in courses by teacher.
The Department of Education, for Fiscal Year 2019-20, shall transfer $1,400,000 appropriated for School Value Added Instrument to the Education Oversight Committee for the value-added assessment system. /
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Rep. ERICKSON explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bannister Bennett Bernstein Blackwell Bradley Bryant Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrest Forrester Fry Funderburk Gagnon Gilliam Govan Hardee Hayes Henderson-Myers Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Johnson Jones Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire Willis Wooten
Those who voted in the negative are:
Cobb-Hunter Gilliard Jefferson King Moore Simmons S. Williams
The amendment was then adopted.
Rep. GOVAN moved to reconsider the vote whereby Amendment No. 11A was adopted. Rep. BRADLEY moved to table the motion to reconsider, which was agreed to.
Rep. G.M. SMITH proposed the following Amendment No. 12A (Doc Name h:\legwork\house\amend\h-wm\001\h2 santee cooper.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, after line 8, by adding an appropriately numbered paragraph to read:
/ (GP: Santee Cooper Competitive Bidding Process/Management Proposals) (A) The Department of Administration shall establish a process to conduct a competitive bidding process for the sale of some or all of the Public Service Authority ("Santee Cooper") and to receive management proposals that do not involve a sale of Santee Cooper but are designed to improve the efficiency and cost-effectiveness of Santee Cooper's electric operations, including but not limited to, a management arrangement, joint venture or alternative arrangement. This process shall not be limited to the individuals or entities that responded to ICF's Requests for Expressions of Interest for its February 1, 2019 report to the Public Service Authority Evaluation and Recommendation Committee. The department shall resume the competitive bidding process and receipt of management proposals that do not involve a sale of Santee Cooper from the February 1, 2019 ICF Requests for Expressions of Interest; provided however, that the department shall, for a period of time set by the department, (1) allow any individual or entity submitting bids or management proposals the option to resubmit, modify, or replace its prior submission to ICF and (2) allow other individuals or entities to submit offers for sale of some or all of Santee Cooper or management proposals that do not involve a sale of Santee Cooper but are designed to improve the efficiency and cost-effectiveness of Santee Cooper's electric operations, including but not limited to, a management arrangement, joint venture or alternative arrangement. Santee Cooper shall also submit a proposal to the department, as an alternative to a sale or management proposal, setting forth its plans for reform, restructuring and changes in operation. Santee Cooper's proposal shall be given to the department simultaneously with the sale and management proposal deadline set by the department. This process must be established in accordance with commercially reasonable terms that are customary in connection with bids and proposals of this type. Nothing in this joint resolution precludes the department, through its professional services experts, from negotiating with entities offering bids, management proposals or Santee Cooper to improve their proposal. The department shall determine the date when the bids and proposals must be received; however, the process to receive bids, management proposals and Santee Cooper's proposal shall be concurrent.
The department shall procure such professional services that are necessary to qualify bids and proposals; conduct a sale; evaluate bids received for a sale, management proposals, and Santee Cooper's proposal; and, negotiate contracts for the consummation of a sale or a management proposal, and related activities. These professional services shall include, but may not be limited to, financial institutions, investment bankers, legal counsel, industry consultants and utility consultants.
The department must not utilize the professional services of an individual or entity that would have a financial interest in the outcome of this process, nor may the department contract or otherwise employ an individual or entity based upon a contingency fee due to the outcome of this process. The department must not utilize the professional services of an individual or entity that has engaged in a substantive commercial, fee-earning or services relationship since January 1, 2018 with any party that has submitted a conforming bid into the ICF-led Requests for Expressions of Interest process earlier this year.
Staff from the State Fiscal Accountability Authority's Procurement Services Division shall assist the department in conducting the competitive bidding process and reviewing management proposals and procuring necessary professional services.
Santee Cooper is directed to provide any and all resources necessary to assist in the process for competitive bids and management proposals, as well as the evaluation of the bids and management proposals received by the department. Due diligence material provided to the bidders and those making management proposals shall include any significant information Santee Cooper is utilizing in making its own proposal. The department shall have the authority to consult with Santee Cooper's bondholders, underwriters, financial institutions, and any other advisors to gather information to assist the department in carrying out its responsibilities, and Santee Cooper shall be cooperative in providing the department with access to the bondholders, underwriters, financial institutions, and other advisors. Santee Cooper shall ensure that the bidders have full access to due diligence materials and fair opportunity for access to Santee Cooper staff, and shall ensure that its responses to any inquiries are timely. (B) The department shall conduct a thorough evaluation of all bids for the sale of Santee Cooper received through the competitive bidding process. The evaluation must take into account at least the following:
(1) the financial capability of each bidder;
(2) the bidder's plan to address Santee Cooper's bonds and other indebtedness, to include but not be limited to:
(a) satisfaction of any or all of Santee Cooper's existing debt, to include an opinion letter from a bond attorney as to whether or not the bidder's plan to satisfy the existing debt would violate any bond provisions or otherwise impact the State;
(b) issuance of new bonds and plans to finance other indebtedness;
(c) the projected financial impact on all customer classes of Santee Cooper's retail customers for the satisfaction of existing debt and issuance of new bonds and finance of other indebtedness; and
(d) the bidder's projected capital to debt ratio for the five years following the acquisition of Santee Cooper;
(3) consideration, in cash, to be paid by the bidder to the State for the benefit of South Carolina and its taxpayers;
(4) the amount of projected rates and revenue requirements for each customer class of Santee Cooper's retail customers over the next 20 years and plans demonstrating how these rates can be achieved, and the bidder's willingness to contractually agree to those rates;
(5) the bidder's plans for generation, power purchases, and other resources over the next 20 years, including but not limited to:
(a) the forecasted demand;
(b) a timeline of when those plans would be put in place;
(c) the projected financial impact to Santee Cooper's retail customers; and
(d) the assumptions underlying its plans, including but not limited to, additional infrastructure required to support any generating unit, the projected rate base, debt-to-equity ratios, authorized return on equity, inflation and cost escalation rates, fuel costs, tax rates, assumed tax abatements, credits and payments in lieu of taxes and projected GAAP accounting financial statements of the rate projections;
(6) the bidder's plans for transmission investment over the next 20 years, including but not limited to: (a) a timeline of when those investments will be needed;
(b) the projected financial impact to Santee Cooper's retail customers; and
(c) the assumptions underlying those plans, including but not limited to, projected rate base, debt-to-equity ratios, authorized return on equity, inflation and cost escalation rates, fuel costs, tax rates, assumed tax abatements, credits and payments in lieu of taxes, and projected GAAP accounting financial statements of the rate projections;
(7) the bidder's willingness to bear any costs required by the Federal Energy Regulatory Commission to mitigate market power resulting from an acquisition of Santee Cooper;
(8) the bidder's provision of reasonable financial and other protections for Santee Cooper employees and retirees in a manner that would not impact South Carolina's pension system liability or the liability associated with providing health insurance coverage to employees who have retired from employment at Santee Cooper;
(9) a projection of the jobs the bidder expects to eliminate within five years if it acquires Santee Cooper;
(10) the bidder's proposed location for its headquarters post-acquisition;
(11) whether bid included or excluded the assets collectively included under FERC License 199, the wholesale water systems operated by Santee Cooper, undeveloped lands, other natural resources and recreational assets of Santee Cooper. In the event that the bid excludes the assets listed herein, each bidder shall provide for revenue streams, including the purchase of hydroelectric power generated from Project 199, to provide for the continued operation of Lakes Marion and Moultrie with no loss of quality or access;
(12) the bidder's capacity and willingness to partner with the State for future economic development projects;
(13) a comparison of the bidder's service territory in South Carolina, if the bid is successful, with investor-owned utilities serving South Carolina; and
(14) any terms or conditions the bidder would require to complete the purchase of Santee Cooper. The bidder must also submit its regulatory filings within the past seven years from each state where the bidder provides electric service that are related to the bidder's forecasts for electric generation, transmission, and distribution; requests for generation and/or transmission projects; electric rate requests made by the bidder; and requests to acquire, merge with, or manage another electric utility, and the final disposition of each request.
The department must:
(1) verify the information provided by the bidder, to the extent possible, and may request additional information from the bidder if needed to conduct its verification;
(2) establish a list of items that would be excluded from the sale of Santee Cooper's electric utility assets, including but not limited to, the wholesale water systems operated by Santee Cooper, undeveloped lands, other natural resources and recreational assets of Santee Cooper;
(3) conduct an analysis as to the potential risks to South Carolina taxpayers, Santee Cooper's retail customers, and Santee Cooper's bondholders, that could result from the sale of Santee Cooper, either in whole or in part. This analysis must include, but is not limited to, the loss of tax-exempt status of a buyer, impact on economic development, and whether the bid would preclude South Carolina from recovering the full value of Santee Cooper;
(4) compare the bidder's financing options for anticipated projects with the financing options currently available to Santee Cooper;
(5) require that the bidder's projected ratebase for all of Santee Cooper's retail customers exclude any portion of debt attributed to V.C. Summer nuclear units 2 and 3 that is not considered to be used and useful, as determined by the professional services experts and the Office of Regulatory Staff;
(6) consider if the bidder is committed to keeping its headquarters in South Carolina post-acquisition;
(7) consider if the bidder intends to, and has the capability to, provide electric services in South Carolina for at least 20 years; and
(8) engage a third party to administer the procurement and dissemination of information from Santee Cooper to third party bidders in order to ensure consistency, proper characterization and accuracy of information provided.
(C) The department shall conduct a thorough evaluation of all management proposals for Santee Cooper. The evaluation must take into account at least the following:
(1) terms and conditions of the proposal, including the proposed time period for the management proposal; (2) the amount of projected rates for each customer class of Santee Cooper's retail customers over the next 20 years and plans demonstrating how these rates can be achieved;
(3) fees and costs to be paid by Santee Cooper retail customers for the management proposal, as well as any other benefits to that entity resulting from the proposal;
(4) projected needs for generation, transmission and distribution during the period of the proposal and how those needs would be met;
(5) an opinion letter from a bond attorney that the management proposal would neither violate nor alter the terms of Santee Cooper's bonds and other indebtedness;
(6) an opinion letter from a tax attorney that the proposal would not impact Santee Cooper's current tax status;
(7) the proposer's experience with the type of arrangement as proposed with an investor-owned utility and a publicly owned utility;
(8) the impact the management proposal would have on Santee Cooper's employees, including but not limited to, any projected elimination of positions within the next five years, if any;
(9) the financial capability of the entity offering the proposal;
(10) a comparison of the service territory in South Carolina of the entity offering the proposal, if the proposal is successful, with investor-owned utilities serving South Carolina; and
(11) an agreement that if the management proposal is awarded, the entity offering the proposal will submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the implementation of the management plan, including but not limited to, plans for the next calendar year and accomplishments and challenges for the prior calendar year.
The department must:
(1) verify the information provided by the entity submitting the management proposal, to the extent possible, and may request additional information if needed to conduct its verification;
(2) conduct an analysis as to the potential risks to South Carolina taxpayers, Santee Cooper's retail customers, and Santee Cooper's bondholders, that could result from the management proposal;
(3) compare the proposing entity's financing options for anticipated projects with the financing options currently available to Santee Cooper; and (4) consider if the proposing entity offers to pay a franchise fee or another form of consideration to the State of South Carolina as a condition of the management proposal.
(D) Santee Cooper must submit a proposal to the department for reform, restructuring and changes in operation that must include, but is not limited to:
(1) its plans for generation, power purchases, and other resources over the next 20 years, including but not limited to:
(a) the forecasted demand;
(b) a timeline of when those plans would be put in place;
(c) the projected financial impact to all customer classes of ratepayers;
(d) the assumptions underlying its plans, including but not limited to, additional infrastructure required to support any generating unit, projected financial ratios, including debt-to-equity and debt service coverage ratios, projected contribution percentages to the Capital Improvement Fund, inflation and cost escalation rates, fuel costs, and payments to the State and other sums in lieu of taxes; and
(e) the amount of projected rates and revenue requirements for each customer class of Santee Cooper's retail customers over the next 20 years and plans demonstrating how these rates can be achieved;
(2) its plans for transmission investment over the next 20 years, including but not limited to:
(a) a timeline of when those investments will be needed;
(b) the projected financial impact to all classes of its retail customers; and
(c) the assumptions underlying its plans, including but not limited to, projected financial ratios, including debt-to-equity and debt service coverage ratios, projected contribution percentages to the Capital Improvement Fund inflation and cost escalation rates, fuel costs, and payments to the State and other sums in lieu of taxes;
(3) its plans to address the V.C. Summer debt and the projected impact to all customer classes of its ratepayers;
(4) a proposal for Santee Cooper reform, restructuring and operational changes;
(5) any other information Santee Cooper deems relevant as to future operations as a state asset;
(6) the projected financial impact on all customer classes of Santee Cooper's retail customers for the satisfaction of existing debt and issuance of new bonds and finance of other indebtedness; and (7) a projection of the jobs Santee Cooper expects to eliminate within five years.
The department must verify the information provided by Santee Cooper, to the extent possible, and may request additional information if needed to conduct its verification. The department must also conduct an analysis to determine if the proposal is feasible. As part of the analysis, the department will:
(1) compare Santee Cooper's rate projections with all other proposals on a comparable basis and assess the risks associated with Santee Cooper's projections of revenue requirements and consumer rates;
(2) Conduct an analysis as to the potential risk to South Carolina taxpayers, Santee Cooper's retail customers and Santee Cooper's bondholders; and
(3) Determine if changes are needed to the Santee Cooper enabling legislation to make the Santee Cooper proposal successful.
If Santee Cooper's proposal to reform its operations is accepted by the General Assembly, Santee Cooper shall submit an annual report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the implementation of its plan, including but not limited to, plans for the next calendar year and accomplishments and challenges for the prior calendar year. (E) The Department of Administration shall establish a process in which its professional services experts oversee confidential negotiations between Central Electric Power Cooperative, Inc. ("Central") and each entity that is determined to be qualified to submit a bid to purchase Santee Cooper or a proposal to manage Santee Cooper. The department shall first establish a process by which parties interested in making offers to purchase or proposals to manage Santee Cooper can demonstrate that they are qualified to meet the requirements set out in this joint resolution. Once the qualification process is finalized, those parties determined by the department to be qualified shall undertake negotiations with Central pursuant to a process overseen by the department's professional services expert. Santee Cooper shall also conduct negotiations with Central pursuant to a process overseen by the department's professional services expert. No negotiations or any form of discussion regarding potential terms or conditions for an agreement with Central can occur outside of the process established by the department. The department shall require that the parties enter into a contract to negotiate in good faith, as well as any other conditions for negotiation as determined by the department. Each entity that submitted a bid or proposal, including Santee Cooper, must individually negotiate with Central to determine terms for a binding contract between Central and that entity in the event the entity's bid or proposal is successful. If the professional services experts conducting the negotiations determine that one or more parties, including Central, is not negotiating in good faith, that negotiation shall be terminated and the professional services experts may submit terms they determine to be reasonable and in the best interests of Santee Cooper's customers and of the State of South Carolina and its taxpayers to the General Assembly. The General Assembly may consider a party's failure to negotiate in good faith as a disqualification of the bid or proposal.
(F) Following the negotiations between Central and each entity which submitted a bid or proposal, the professional services experts shall review the projected financial impact on Santee Cooper's retail customers to ensure that any increases or decreases to current rates for the retail and wholesale customers are initially proportionate. (G) (1) To protect the integrity of the process, information received during this process and ensuing negotiations must be confidential prior to the department providing its professional services experts' recommendations to the General Assembly. Each individual and entity involved in the process shall handle the information with sufficient care to prevent disclosure of information submitted, received or reviewed during the process. After the department has provided its professional services experts' recommendations to the General Assembly, only information regarding those recommendations shall be released in accordance with the provisions of the Freedom of Information Act, provided that information described in Section 30-4-40 of the 1976 Code must not be released without the written permission of the entity whose bid or proposal was recommended. In order to effectuate the purposes of this paragraph, the department shall require non-disclosure agreements which must be entered into by each individual or entity involved in the process, including but not limited to, an individual or entity that submits a bid or proposal, or receives or reviews any part of the submission. The non-disclosure agreement must also contain a provision in which the signer agrees that neither it nor its agents, servants, officers, directors or employees, except as provided in subsection (G)(2), shall advocate for or against, directly or indirectly, a recommendation provided by the department to the General Assembly pursuant to Section (H). Members of the General Assembly, the Governor, and their respective staff must not be provided with, or have access by any means to, the information obtained during this process except as provided in this section.
(2) If any person or entity that is bound by the provisions of subsection 1 of this section is required by its governance structure, fiduciary responsibilities or regulatory requirements to communicate information about the report provided by the department to the General Assembly pursuant to Section H, the substance of such communications shall be reduced to writing and a copy provided to the General Assembly. Any such communication must be signed by the person or entity making it. This exception shall not be construed to allow advocacy for or against a recommendation in the department's report.
(H) (1) At the conclusion of the evaluation of the bids and proposals, and negotiations, as required by this joint resolution, but no later than December 1, 2019, the department shall concurrently present a recommendation by its professional service experts of one bid for sale and one management proposal that the professional service experts consider to be in the best interests of the State, its taxpayers, and the customers of Santee Cooper, as well as the recommendation for Santee Cooper's proposal. Each recommendation must include justifications for the recommendation; also, the recommendations in regard to the sale and management proposal must include a contract for each recommended bidder obligating the bidder to comply with terms of its bid in the event it is approved by the General Assembly, along with a proposed contract to execute the sale or management proposal, and any supporting documents. The proposed contracts must include covenants that the bidder will abide by the terms of its bid for sale or its proposal, as applicable. The department must also present a full evaluation of each recommendation and for Santee Cooper's proposal. An evaluation must include, but not be limited to: (a) a description of each item listed in Sections B, C or D, as applicable, along with a copy of an opinion letter submitted by a bond attorney and/or tax attorney; (b) a proposed contract with Central Power Electric Cooperative, Inc., including a statement from the professional service experts involved in the negotiations that each party did or did not negotiate in good faith; (c) the Office of Regulatory Staff's commentary; (d) any recommendations or concerns from the department's professional services; and (e) any supporting documents. The department must enter into a contract with each entity that submitted a bid for sale or management proposal that establishes penalties for failure to proceed with finalizing the sale or management proposal in the event the bid or proposal is selected by the General Assembly. This contract must include, but is not limited to, earnest money to be paid upon a recommendation of that entity being made to the General Assembly and penalties for failure to finalize the terms of the bid or proposal upon selection by the General Assembly.
(2) The department shall present to the Chairman of the Senate Finance Committee and the Chairman of the House of Representatives Ways and Means Committee the documents described in subsection (H)(1). The Senate Finance Committee and the House Ways and Means Committee shall each meet as soon as practicable to review each recommendation presented by the department and determine which recommendation to approve. Each committee shall make a recommendation within 30 days of receipt of the recommendations presented by the department. Upon receipt of the recommendation from their respective committees, the President of the Senate and the Speaker of the House shall convene their respective bodies and each body shall, within 30 days of receipt of the committee recommendation, approve or disapprove the legislation needed to effectuate the sale or management proposal or to implement reform, restructuring and changes in operation at Santee Cooper. Such legislation shall be in the form of a resolution approving the contract for sale or management or approving Santee Cooper's reform proposal. The question before each body shall then be the approval of the contract or proposal which must be decided by a vote of "yeas" or "nays.
(3) In the event that the General Assembly approves the sale of Santee Cooper, the department must execute any documents necessary in order to effectuate the sale upon the enactment of a joint resolution approving the sale. The net proceeds of the sale shall be deposited in the General Fund of the State, and such amounts may never be recoverable in rates or otherwise by the purchaser.
(4) In the event that the General Assembly approves a management proposal, the department must execute any documents necessary in order to effectuate the proposal upon the enactment of a joint resolution approving the proposal.
(5) It is the intent of the General Assembly that this provision is the sole governing instrument regarding the sale or management of Santee Cooper and that a vote of the General Assembly in favor of approving the sale or management of Santee Cooper is sufficient to authorize the department to execute the sale.
(I) The provisions of the Consolidated Procurement Code in Chapter 35, Title 11 of the 1976 Code, the provisions of Chapter 31, Title 58 relating to the South Carolina Public Service Authority, and any other provisions of the general law of this State in conflict with this provision, are hereby suspended with regard to the activities undertaken herein. /
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Rep. LUCAS explained the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. DAVIS spoke against the amendment.
Rep. DAVIS spoke against the amendment.
Rep. JEFFERSON spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. HILL spoke in favor of the amendment.
Rep. TALLON raised the Point of Order regarding the Decorum of the House in Debate. During debate by a member, no member should refer to another member by name in debate.
Rep HILL spoke against the Point.
SPEAKER PRO TEMPORE stated that the requirement that the decorum of the House is addressed and your statements need to be combined to the issue at hand. You should not be referencing another member by name, but to the issue at hand. If you have particular questions about bias or concern, you should reference that issue away from the podium.
The SPEAKER PRO TEMPORE stated the subject at hand is Santee Cooper and the Point of Order is sustained.
Rep. HILL continued speaking.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Bales Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Daning Dillard Elliott Erickson Felder Finlay Forrester Funderburk Gagnon Garvin Gilliam Gilliard Govan Hart Hayes Henderson-Myers Henegan Herbkersman Hill Hiott Hixon Hosey Howard Huggins Hyde Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McKnight Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rose Rutherford Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Weeks West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Bailey Clemmons Crawford Davis Fry Hardee Hewitt Jefferson Johnson McGinnis Moore Simmons
The amendment was then adopted.
Rep. CLEMMONS proposed the following Amendment No. 13A (Doc Name h:\legwork\house\amend\h-wm\004\dorcatheter.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 463, after line 30, by adding an appropriately numbered paragraph to read:
/(DOR: Urinary Catheters) Of the funds appropriated or authorized to the Department of Revenue and notwithstanding any other provision of law, sales of urinary catheters to individuals are exempt from state or local sales tax for the current fiscal year. This exemption does not apply to sales to doctors, hospitals, nursing homes and similar institutions./
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Rep. CLEMMONS explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bales Bamberg Bennett Bradley Brawley Bryant Burns Chumley Clemmons Clyburn Cobb-Hunter Cogswell Crawford Dillard Elliott Erickson Finlay Fry Funderburk Garvin Gilliard Govan Hardee Hayes Henderson-Myers Henegan Herbkersman Hewitt Hosey Howard Hyde Johnson Jordan Long Lowe Lucas Mack McCoy McGinnis McKnight Moore V. S. Moss W. Newton Norrell Ott Pendarvis Ridgeway Rivers Rose Rutherford Simmons Simrill Stavrinakis Tallon Taylor White R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Allison Bailey Blackwell Calhoon Caskey Clary Collins B. Cox W. Cox Daning Davis Felder Forrester Gagnon Gilliam Hart Hill Hiott Hixon Huggins Kimmons King Kirby Ligon Mace Magnuson Martin McCravy McDaniel Morgan D. C. Moss B. Newton Pope Robinson Sandifer Sottile Spires Thayer Thigpen Trantham West Wheeler Whitmire
The amendment was then adopted.
I abstained from voting on Amendment 13A on H. 4000 (Word version) due to a potential conflict of interest and wish to have my recusal noted for the record in the House Journal.
Rep. G. Murrell Smith
Rep. G.M. SMITH proposed the following Amendment No. 14A (Doc Name h:\legwork\house\amend\h-wm\001\h2 maternal death info.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 34, DEPARTMENT OF HEALTH & ENVIRONMENTAL CONTROL, page 374, , after line 6, by adding an appropriately numbered paragraph to read:
/ (DHEC: Maternal Death Information) The State Registrar of Vital Statistics shall provide to the Maternal Morbidity and Mortality Review Committee the following data to assist department staff in identifying maternal death information:
(A) From death certificates of women who died within a year of pregnancy:
(1) name;
(2) date and time of death;
(3) state and county of residence;
(4) date of birth;
(5) marital status;
(6) citizenship status;
(7) United States armed forces veteran status;
(8) educational background;
(9) race and ethnicity;
(10) date and time of injury;
(11) place of injury;
(12) location where injury occurred;
(13) place of death (facility name and/or address);
(14) manner of death;
(15) whether an autopsy was performed and findings available as to the cause of death;
(16) whether tobacco contributed to death;
(17) primary and contributing causes of death; and
(B) From birth certificates or fetal death reports linked to the women for whom data from the aforementioned death certificates, where available:
(1) medical record number;
(2) date of delivery;
(3) location of event;
(4) name of mother;
(5) mother's date of birth;
(6) mother's race and ethnicity;
(7) mother's pregnancy history;
(8) mother's height and weight;
(9) date of last normal menstrual period;
(10) date of first prenatal visit;
(11) number of prenatal visits;
(12) plurality;
(13) use of WIC during pregnancy;
(14) delivery payment method;
(15) cigarette smoking before and during pregnancy;
(16) risk factors during pregnancy; (17) infections present or treated during pregnancy;
(18) onset of labor;
(19) obstetric procedures;
(20) characteristics of labor and delivery;
(21) maternal morbidity.
(C) The department must not disclose any information that would identify the mother or baby with anyone outside the department, including the committee. Identifying information includes, but may not be limited to, names, addresses more specific than the county of residence, medical record numbers, and dates and times of birth or death.
(D) The department, or its representatives, on behalf of the committee, shall:
(1) extract necessary data elements from death certificates and birth certificates or fetal death report, as applicable, and provide de-identified information to the committee for its review and consideration;
(2) review and abstract medical records and other relevant data;
(3) contact family members and other affected or involved persons to collect additional data.
(E) The committee shall:
(1) review information and records provided by the department;
(2) determine whether maternal death cases reviewed are pregnancy related, as defined as a death within one year of the pregnancy with a direct or indirect causation related to the pregnancy or postpartum period;
(3) consult with relevant experts to evaluate the records and data;
(4) make determinations regarding the preventability of maternal deaths;
(5) develop recommendations for the prevention of maternal deaths; and
(6) disseminate findings and recommendations pursuant to subsection (F)(J).
(F) (1) Health care providers and pharmacies licensed pursuant to Title 40 shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant medical records associated with a case under review by the committee. (2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this provision are not liable for civil damages or subject to criminal or disciplinary action for good faith efforts in providing the records.
(3) Coroners and law enforcement shall provide reasonable access to the department and its representatives, on behalf of the committee, to all relevant records associated with a case under review by the committee.
(G) (1) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this section are not admissible as evidence in any action of any kind in any court or before another tribunal, board, agency, or person. The information, records, reports, statements, notes, memoranda, or other data must not be exhibited nor their contents disclosed, in whole or in part, by an officer or a representative of the department or another person, except as necessary for the purpose of furthering the review of the committee of the case to which they relate. A person participating in a review may not disclose the information obtained except in strict conformity with the review project.
(2) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations authorized by the department pursuant to this section are confidential.
(H) (1) All proceedings and activities of the committee, opinions of members of the committee formed as a result of the proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the department or another person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this section, are confidential and are not subject to the provisions of Chapter 4, Title 30 relating to open meetings or public records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. However, this section must not be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the committee's proceedings. (2) Members of the committee must not be questioned in a civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee. However, this section must not be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.
(I) Reports of aggregated non-individually identifiable data for the previous calendar year must be compiled and disseminated by March first of the following year in an effort to further study the causes and problems associated with maternal deaths. Reports must be distributed to the General Assembly, the Director of the Department of Health and Environmental Control, health care providers and facilities, key governmental agencies, and others necessary to reduce the maternal death rate.
(J) Members shall serve without compensation, and are ineligible for the usual mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.
(K) The department shall apply for and use any available federal or private monies to help fund the costs associated with implementing the provisions of this section./
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Rep. G. M. SMITH explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Atkinson Bailey Bales Bannister Bennett Bernstein Blackwell Bradley Brawley Burns Calhoon Caskey Chumley Clary Clemmons Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 15A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2 FIRE DEPT. DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, paragraph , line 8, by adding an appropriately numbered paragraph to read:
/ (GP: Fire Department Definition) For all funds collected solely for the purpose of disbursing funds from the aid to fire district account within the State Treasury, as directed by Section 38-7-20 (B) (2)of the 1976 Code, a fire department shall be defined as having a charter from the Office of the State Fire Marshal. These funds shall be sent from the State Treasury to the Department of Labor, Licensing and Regulation to be disbursed equally among the chartered fire departments./
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Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Atkinson Bailey Bales Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Burns Calhoon Caskey Chumley Clary Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Moore Morgan D. C. Moss V. S. Moss B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham West White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. WHITE proposed the following Amendment No. 16A (Doc Name h:\legwork\house\amend\h-wm\001\h2 broadband great.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, , after line 8, by adding an appropriately numbered paragraph to read:
/ (GP: Growing Rural Economies with Access to Technology (GREAT) Program) (A) There is established the Growing Rural Economies with Access to Technology (GREAT) program to facilitate the deployment of broadband to unserved areas of the State. The purpose of this program is to encourage the deployment of broadband at the highest possible speeds throughout as much of the inhabitable geographic area of the State that is practical and feasible by the year 2030.
(B) For purposes of this provision:
(1) 'Agriculture' means:
(a) the cultivation of soil for production and harvesting of crops including, but not limited to, fruits, vegetables, sod, flowers, and ornamental plants;
(b) the planting and production of trees and timber;
(c) dairying and the raising, management, care, and training of livestock, including horses, bees, poultry, and other animals for individual and public use, consumption, and marketing;
(d) aquaculture as defined in Section 46-1-10(2); (e) the operation, management, conservation, improvement, and maintenance of a farm and the structures and buildings on the farm, including building and structure repair, replacement, expansion, and construction incident to the farming operation;
(f) when performed on the farm, 'agriculture', 'agricultural', and 'farming' also include the marketing and selling of agricultural products, agritourism, the storage and use of materials for agricultural purposes, packing, treating, processing, sorting, storage, and other activities performed to add value to crops, livestock, and agricultural items produced on a farm, and similar activities incident to the operation of a farm; or
(g) a public or private grain warehouse or warehouse operation where grain is held ten days or longer and includes, but is not limited to, all buildings, elevators, equipment, and warehouses consisting of one or more warehouse sections and considered a single delivery point with the capability to receive, load out, weigh, dry, and store grain.
(2) 'Authority' means the South Carolina Rural Infrastructure Authority.
(3) 'Broadband service' means terrestrially-deployed Internet access service with transmission speeds of at least twenty-five megabits per second (Mbps) download and at least three megabit per second upload.
(4) 'Cooperative' means a telephone membership corporation, organized pursuant to Article 1, Chapter 46, Title 33.
(5) 'Director' means the Executive Director of the South Carolina Rural Infrastructure Authority.
(6) 'Eligible economically-distressed county' means a county designated as a Tier IV or Tier III county as defined in Section 12-6-3360.
(7) 'Eligible project' means a discrete and specific project located in an unserved area of an economically-distressed county seeking to provide broadband service to homes, businesses, and community anchor points not currently served. Eligible projects do not include middle mile, backhaul, and other similar projects not directed at broadband service to end users. The designated area for an eligible project may not be smaller than a census block. (8) 'Eligible recipient' means private providers of broadband services, including cooperatively organized entities, or any partnerships formed between cooperatively organized entities, private providers, or any combination thereof. To be considered an 'eligible recipient' there must be either a demonstrated success in having previously managed retail end-user networks with proof of acceptable customer satisfaction, or the 'eligible recipient' must hold a contract with such an entity to actually provide service over the facilities being funded.
(9) 'Household' means a house, apartment, single room, or other group of rooms, if occupied or intended for occupancy as separate living quarters, and where the occupants do not live with any other persons in the structure, and there is direct access from the outside or through a common hall.
(10) 'Infrastructure costs' means costs directly related to the construction of broadband infrastructure for the extension of broadband service for an eligible project, including installation, acquiring or updating easements, equipment, fiber, construction, backhaul infrastructure, and testing costs. The term does not include overhead or administrative costs.
(11) 'Unserved area' means a designated geographic area where at least ninety percent of households are presently without access to fixed, terrestrially-deployed broadband at speeds of at least ten Mbps download and at least one Mbps upload. Areas where a private provider has been designated or has applied to receive funds through other state or federally-funded programs designed for broadband deployment must be considered served if the funding is intended to result in construction of facilities in the area within twenty-four months.
(C) (1) The Growing Rural Economies with Access to Technology Fund is established as a special revenue fund in the South Carolina Rural Infrastructure Authority, with amounts to be appropriated by the General Assembly. The director may award grants from the fund to eligible recipients for eligible projects. The funds must be used by the recipient to pay for infrastructure costs associated with an eligible project. To ensure consumers served by the infrastructure funded by this program are actually receiving the service intended and that the network is properly maintained, the recipients are subject to applicable rules and regulations governing other similar providers or others receiving state support to provide communication services and are subject to the authority of the Office of Regulatory Staff regarding inspections, audits, or examinations, as set forth in Section 58-4-50 of the 1976 Code. The authority and the Office of Regulatory Staff are authorized to share relevant information with each other for the purpose of carrying out their respective tasks. (2) Project areas comprised of census blocks, or portions thereof, within which a broadband provider is receiving state or federal matching funds to deploy technologically neutral scalable broadband facilities within the next twenty-four months are ineligible for the GREAT program. It is essential for the authority to know the location of census blocks, or portions thereof, comprising these areas so it can determine project eligibility. A private provider receiving state or federal matching funds to deploy broadband facilities within the area shall, before January 1, 2020, submit only a listing of the census blocks, or portions thereof, comprising each of its federally-funded project areas meeting this requirement and nothing more to the authority and thereafter shall submit this census block data by May fifteenth. The authority only shall utilize this data to update maps of census blocks to reflect these census blocks, or portions thereof, as being served. Information provided to the Office of Regulatory Staff pursuant to this paragraph is exempt from public disclosure pursuant to Chapter 4, Title 30.
(3) Applications for grants must be submitted at times designated by the director and, at a minimum, must include:
(a) an attestation to the office that the proposed project area is eligible;
(b) evidence demonstrating the applicant's experience and ability in building, operating, and managing Broadband Service networks serving residential customers;
(c) the total cost and duration of the project;
(d) the amount to be funded by the applicant;
(e) an illustration or description of the area to be served and the number of homes, businesses, community-anchor points, agricultural operations, or agricultural processing facilities that have access to broadband service as a result of the project;
(f) an assessment of the current level of access to broadband service in the proposed deployment area and the current level of service provided at the point from which broadband deployment is made;
(g) the proposed construction time line, with specific annual build-out percentage commitments;
(h) a description of the services to be provided, including the proposed upstream and downstream broadband speeds to be delivered and any applicable data caps, provided that any applicant proposing a data cap below one hundred fifty gigabytes of usage each month shall provide justification to the satisfaction of the office that the proposed cap is in the public interest and consistent with industry standards;
(i) any other information or supplementary documentation requested by the office; (j) for the proposed area to be served, the infrastructure cost for each household for the project;
(k) evidence of support for the project from citizens, local government, businesses, and institutions in the community;
(l) the proposed advertised speed to be marketed to end users;
(m) an explanation of the scalability of the broadband infrastructure to be deployed for higher broadband speeds in the future;
(n) proof that appropriate interconnection agreements and physical pathways to transport consumer broadband traffic to the internet exist;
(o) a five-year business plan demonstrating that the project in question is a viable business and that operating costs, including capital cost, can be supported from operations; and
(p) evidence of successful operation of retail services, including evidence of appropriate customer satisfaction, or evidence that an operating contract exists with a third party that can meet these requirements.
(4) Applications must be made publicly available by posting on the website of the authority for a period of at least thirty days before award. During the thirty-day period, any interested party may submit comments to the director concerning any pending application. A provider of broadband services may submit a protest of any application on the grounds the proposed project covers an area that is not an eligible area pursuant to this provision. Protests must be submitted in writing, accompanied by all relevant supporting documentation and must be considered by the authority in connection with the review of the application. For applications with filed protests, the director shall issue a written decision to the protesting party at least fifteen days before the approval of that application. The authority may not award any grants to fund deployment in an area that fails to meet the criterion for being unserved. Appeals may be made to the Administrative Law Court pursuant to the Administrative Procedures Act.
(5) The authority may consult with the Department of Commerce to determine if an eligible project proposed pursuant to this provision will benefit a potential economic development project relevant to the proposed area outlined in the eligible project. (6) Applications must be scored based upon a system that awards a single point for criteria considered to be the minimum level for the provision of broadband service with additional points awarded to criteria that exceed minimum levels. The authority shall score project applications in accordance with the following:
(a) projects involving service by a South Carolina-based company, a company that historically has provided broadband service, or that has existing facilities in close proximity to the designated area, must be given five points in its application score where it is documented to the satisfaction of the authority that service by the company will facilitate deployment and reduce cost for each housing unit by utilizing existing resources, facilities, and infrastructure;
(b) the authority shall give additional points to projects based upon the estimated number of unserved households within the eligible economically-distressed county, as determined by the most recent data published by the Federal Communications Commission or any other reliable information available to the authority. Points are given as follows:
(1) projects that will be located in counties with estimated unserved households of seven hundred or less receive one point;
(2) projects that will be located in counties with estimated unserved households of between seven hundred and one thousand ninety-nine receive two points; and
(3) projects that will be located in counties with estimated unserved households of two thousand and over receive three points;
(c) the authority shall give additional points to projects that will provide broadband service to unserved households within the eligible economically-distressed county, as determined by the most recent data published by the Federal Communications Commission or any other reliable information available to the authority. Points are given as follows:
(1) projects proposing to serve less than one hundred fifty unserved households within the project area receive one point;
(2) projects proposing to serve between one hundred fifty and two hundred forty-nine unserved households within the project area receive two points; and
(3) proposing to serve two hundred fifty or more unserved households within the project area receive three points; (d) the authority shall give additional points to projects that will provide broadband service to unserved businesses located within the eligible economically-distressed county, as determined by the most recent data published by the Federal Communications Commission or any other reliable information available to the authority. Points are given to projects that serve unserved businesses within the project area as follows:
(1) projects proposing to serve between one and four businesses receive one point;
(2) projects proposing to serve between five and ten businesses receive two points; and
(3) projects proposing to serve either more than ten businesses or an agricultural operation, agricultural processing facility, or a business with thirty-one or more full-time employees receive three points;
(e) the authority shall give additional points to projects that minimize the infrastructure cost of the proposed project for each household, based upon information available to the authority; and
(f) projects that will provide minimum download and minimum upload speeds have the aggregate points given under items (1) through (5) multiplied by a factor at the level indicated in the table below:
Minimum Download: Minimum Upload Score Multiplier
25:3 Mbps. 1.00
100:3 Mbps. or greater 2.00
(7) The office shall score applications based upon the metrics provided in subsection (C)(6). (8) Applications receiving the highest score receive priority status for the awarding of grants pursuant to this section. Applicants awarded grants pursuant to this section shall enter into an agreement with the authority. The agreement must contain all of the elements outlined in subsection (C)(3) and any other provisions the authority may require. The agreement must contain a provision governing the time line and minimum requirements and thresholds for disbursement of grant funds measured by the progress of the project. Grant funds must be disbursed only upon verification by the authority that the terms of the agreement have been fulfilled according to the progress milestones contained in the agreement. At project completion, the grant recipient shall certify and provide to the authority evidence consistent with Federal Communications Commission attestation that the proposed minimum upstream and minimum downstream broadband speeds identified in the application guidelines, and for which a base speed multiplier was awarded pursuant to item (C)(6)(f), are available throughout the project area before any end user connections. A single grant award may not exceed two million dollars. No more than one grant may be awarded each fiscal year for a project in any one eligible economically-distressed county.
(9) (a) Grant recipients are required to provide matching funds based upon the application scoring pursuant to this section in the following minimum amounts:
Score Matching Requirement
7.0 points or less 55%
Greater than 7.0, but less than 14.0 points 50%
Greater than 14.0, but less than 21.0 points 45%
21.0 points or greater 30%.
(b) Federal or state grants or program funds may not be used for any portion of the matching funds paid by the grant recipient.
(10) The authority shall require that grant recipients offer the proposed advertised minimum download and minimum upload speeds identified in the project application for the duration of the five-year service agreement. At least annually, a grant recipient shall provide to the authority evidence consistent with Federal Communications Commission attestation that the grant recipient is making available the proposed advertised speed, or a faster speed, as contained in the grant agreement. For the duration of the agreement, grant recipients shall disclose any changes to data caps for the project area that differ from the data caps listed in the grant application to the authority.
(11) A grant recipient shall forfeit the amount of the grant received if it fails to perform, in material respect, the obligations established in the agreement. Grant recipients that fail to provide the minimum advertised connection speed for which a reduction in matching funds was applied shall forfeit that amount. A grant recipient that forfeits amounts disbursed pursuant to this section is liable for the amount disbursed plus interest, computed from the date of the disbursement. The number of subscribers that subscribe to broadband services offered by the provider in the project area may not be a measure of performance pursuant to the agreement for the purposes of this subsection.
(12) Grant recipients shall submit to the Office of Regulatory Staff an annual report for each funded project for the duration of the agreement. The report must include a summary of the items contained in the grant agreement and level of attainment for each and also must include:
(a) the number of households, businesses, agricultural operations, and community anchor points that have broadband access as a result of the project; (b) the percentage of end users in the project area who have access to broadband service and actually subscribe to the broadband service;
(c) the average monthly subscription cost for broadband service in the project area;
(d) verifiable evidence that retail services are offered at rates and upon terms and conditions commensurate with those provided by any incumbent broadband provider operating in the general area; and
(e) information related to service outages, customer complaints, or other such performance data as necessary to ensure the funding is being used to provide high-quality service.
(13) The Office of Regulatory Staff shall submit an annual report to the General Assembly before September first. The report must contain the following:
(a) the number of grant projects applied for and the number of grant agreements entered into;
(b) a timeline for each grant agreement and the number of households, businesses, agricultural operations, and community anchor points expected to benefit from each agreement;
(c) the amount of matching funds required for each agreement and the total amount of investment;
(d) a summary of areas receiving grants that are now being provided broadband service and the advertised broadband speeds for those areas;
(e) any breaches of agreements, grant fund forfeitures, or subsequent reductions or refunds of matching funds; and
(f) any recommendations for the grant program, including better sources and methods for improving outcomes and accountability.
(14) Nothing in this article is intended to regulate the provision of broadband except as it relates to oversight of providers receiving funds to provide the services described herein.
(D) The Rural Infrastructure Authority shall collaborate with the following agencies in implementing this provision: the Department of Commerce, the Department of Administration, the Revenue and Fiscal Affairs Office, the Educational Television Commission, and the Department of Transportation.
(E) Nothing in this provision shall change any rights an entity may have to provide broadband service in this State./
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Rep. WHITE explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Anderson Atkinson Bailey Bales Bamberg Bannister Bennett Bernstein Blackwell Brawley Bryant Burns Calhoon Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Govan Hardee Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Huggins Hyde Jefferson Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham West Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Reps. COBB-HUNTER, Simrill and Finlay proposed the following Amendment No. 17A (Doc Name h:\legwork\house\amend\h-wm\003\h2 dtc para delete.docx), which was adopted:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 522, paragraph 117.156 (Denmark Tech Study Committee and Transfer), lines 22-24, by striking the lines in their entirety.
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Rep. COBB-HUNTER explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bannister Bennett Bernstein Blackwell Bradley Brawley Burns Caskey Chumley Clary Clyburn Cobb-Hunter Cogswell Collins B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Finlay Forrester Fry Funderburk Gagnon Garvin Gilliam Gilliard Hardee Hart Hayes Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Huggins Hyde Johnson Jones Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis Moore Morgan D. C. Moss V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Rivers Robinson Rose Rutherford Simmons Simrill G. M. Smith G. R. Smith Sottile Spires Stavrinakis Tallon Taylor Thayer Thigpen Trantham Wheeler White Whitmire R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
The amendment was then adopted.
Rep. MOORE proposed the following Amendment No. 18A (Doc Name COUNCIL\DG\4000C019.NBD.DG19.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 529, by striking paragraph 118.15 and inserting:
/(SR:Teacher Rebate)In the event that amounts in excess of the Fiscal Year 2018-19 unobligated general fund revenue as certified by the Board of Economic Advisors become available due to increased income tax collections resulting from the lottery ticket redemption associated with the October 24, 2018 Mega Millions contest, those funds, combined with additional fund appropriated to the Department of Revenue in this act for a teacher rebate, must be utilized to provide each full time certified public school teacher who is also eligible for EIA supplement funds, a one time bonus./
Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 533, paragraph 118.16 (Nonrecurring Revenue), line 9, by striking /Taxpayer Rebate / and inserting /Teacher Rebate /
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Rep. MOORE explained the amendment.
Rep. WHITMIRE moved to table the amendment.
Rep. MOORE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Bannister Bennett Blackwell Bradley Bryant Burns Calhoon Caskey Chumley Clary Cogswell Collins B. Cox W. Cox Crawford Daning Elliott Erickson Felder Finlay Forrester Fry Gagnon Gilliam Hardee Herbkersman Hewitt Hiott Hixon Huggins Hyde Johnson Jones Jordan Kimmons Kirby Ligon Long Lowe Lucas Mace Magnuson Martin McCoy McCravy McGinnis Morgan V. S. Moss Murphy B. Newton W. Newton Pope Sandifer Simrill G. M. Smith G. R. Smith Sottile Spires Tallon Taylor Thayer Trantham White Whitmire Willis Wooten
Those who voted in the negative are:
Alexander Atkinson Bamberg Bernstein Brawley Clyburn Cobb-Hunter Dillard Funderburk Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Hosey Howard Jefferson King Mack McDaniel McKnight Moore D. C. Moss Norrell Ott Pendarvis Ridgeway Rivers Robinson Rose Rutherford Simmons Thigpen S. Williams
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 19A (Doc Name h:\legwork\house\amend\h-wm\002\h2 117-156 denmark.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 521, paragraph 117.156 (Denmark Tech Study Committee and Transfer), lines 26 - 35 and page 522, lines 1-24, by striking the proviso in its entirety.
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Rep. GOVAN explained the amendment.
Rep. GOVAN moved to table the amendment, which was agreed to.
Rep. DAVIS proposed the following Amendment No. 20A (Doc Name h:\legwork\house\amend\h-wm\001\h2 santee cooper date.docx), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 532, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\h2 santee cooper.docx, page 18 after /December 1, 2019/ by inserting:
/unless the department, in good faith, has determined that the evaluation process would extend beyond that date,/
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Rep. DAVIS explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to table the amendment, which was agreed to.
Rep. DAVIS proposed the following Amendment No. 21A (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2 DAVIS STUDY.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 532, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\h2 santee cooper.docx, page 8 at the end of item (12) after /projects/ by inserting:
/ based on a full study to be undertaken in the direct served territory of Santee Cooper to determine the economic and other impacts of the sale and to include meaningful economic incentive packages for those areas and individuals adversely affected as a result of the sale /
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Rep. DAVIS explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to table the amendment, which was agreed to.
Rep. FRY proposed the following Amendment No. 22A to H. 4000 (Word version) (COUNCIL\SD\4000C001.NL.SD19), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\h2 santeecooper.docx, page 21, by adding an appropriately lettered item to read:
/ (__) All duties, functions, and responsibilities of the Department of Administration under this paragraph must be performed in conjunction with the Public Service Authority Evaluation and Recommendation Committee established under Paragraph 117.162, Section 1B, Act 264 of 2018. However, decisions to recommend one bid for sale and one proposal for management, as well as a recommendation of Santee Cooper's proposal, must be made first by the Department of Administration and then confirmed by majority vote of the Evaluation and Recommendation Committee before these recommendations may be submitted to the General Assembly. /
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Rep. FRY explained the amendment.
Rep. G. M. SMITH spoke against the amendment.
Rep. G. M. SMITH moved to table the amendment, which was agreed to.
Rep. FRY proposed the following Amendment No. 23A to H. 4000 (Word version) (Doc Name COUNCIL\DG\4000C021.NBD.DG19.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\
h2 santee cooper.docx, beginning on page 15, by striking (E) and inserting:
/ (E) The Department of Administration shall establish a process in which its professional services experts oversee confidential negotiations between Central Electric Power Cooperative, Inc. ("Central") and each entity that is determined to be qualified to submit a bid to purchase Santee Cooper or a proposal to manage Santee Cooper. The department shall adopt the same process by which the Public Service Authority Evaluation and Recommendation Committee, created by Paragraph 117.162, Section 1B of Act 264 of 2018, so that parties interested in making offers to purchase or proposals to manage Santee Cooper can demonstrate that they are qualified to meet the requirements set out in this joint resolution. Those parties determined by the department to be qualified shall undertake negotiations with Central pursuant to a process overseen by the department's professional services expert. Santee Cooper shall also conduct negotiations with Central pursuant to a process overseen by the department's professional services expert. No negotiations or any form of discussion regarding potential terms or conditions for an agreement with Central can occur outside of the process established by the department. The department shall require that the parties enter into a contract to negotiate in good faith, as well as any other conditions for negotiation as determined by the department. Each entity that submitted a bid or proposal, including Santee Cooper, must individually negotiate with Central to determine terms for a binding contract between Central and that entity in the event the entity's bid or proposal is successful. If the professional services experts conducting the negotiations determine that one or more parties, including Central, is not negotiating in good faith, that negotiation shall be terminated and the professional services experts may submit terms they determine to be reasonable and in the best interests of Santee Cooper's customers and of the State of South Carolina and its taxpayers to the General Assembly. The General Assembly may consider a party's failure to negotiate in good faith as a disqualification of the bid or proposal. /
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Rep. FRY moved to table the amendment, which was agreed to.
Rep. FRY proposed the following Amendment No. 24A (Doc Name COUNCIL\DG\4000C024.NBD.DG19.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\h2 santee cooper.docx, page 11, by striking (5) and (6) and inserting:
/ (5) an opinion letter from a bond attorney that the management proposal would neither violate nor alter the terms of Santee Cooper's bonds and other indebtedness. This item only applies if such a letter could be practicably obtained;
(6) an opinion letter from a tax attorney that the proposal would not impact Santee Cooper's current tax status. This item only applies if such a letter could be practicably obtained; /
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Rep. FRY moved to table the amendment, which was agreed to.
Rep. FRY proposed the following Amendment No. 25A to H. 4000 (Word version) (Doc Name COUNCIL\DG\4000C020.NBD.DG19.DOCX), which was tabled:
Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\
h2 santee cooper.docx, page 8, by striking item (12) and inserting:
/ (12) the bidder's capacity and willingness to partner with the State for future economic development projects. In evaluating capacity and willingness, the department shall demand specific plans, and may contract for the implementation of such plans, with penalties and the removal of other incentives if the contract is violated; /
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Rep. FRY moved to table the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 6A to H. 4000 (Word version) (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2STAFF ING RATIOSV2.DOCX):
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 281, paragraph 1.25, lines 9-12, by striking:/All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with disabilities who have Individualized Education Programs./ and inserting /All school districts must report the student teacher ratio for every classroom to the Department of Education at the ninety and one hundred and eighty day mark. The department shall report this information to the General Assembly./
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Rep. OTT moved to adjourn debate on the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 7A to H. 4000 (Word version) (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2 STAFFING RATIOS-EIA V2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 307, paragraph 1A.14, lines 7-10, by striking:/All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with disabilities who have Individualized Education Programs./ and inserting /All school districts must report the student teacher ratio for every classroom to the Department of Education at the ninety and one hundred and eighty day mark. The department shall report this information to the General Assembly./
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Rep. OTT explained the amendment.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Calhoon Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Fry Funderburk Gagnon Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hill Hiott Hixon Hosey Howard Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Magnuson Martin McCoy McCravy McDaniel McGinnis McKnight Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith Sottile Spires Stavrinakis Taylor Thayer Thigpen Trantham West Wheeler White R. Williams S. Williams Willis Wooten
Those who voted in the negative are:
Burns Chumley Forrester Gilliam Hardee Jones D. C. Moss G. R. Smith Tallon Whitmire
The amendment was then adopted.
Rep. OTT proposed the following Amendment No. 6A to H. 4000 (Word version) (Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\002\H2 STAFFING RATIOS V2.DOCX), which was adopted:
Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 281, paragraph 1.25, lines 9-12, by striking:/All school districts and special schools of this State may suspend professional staffing ratios and expenditure regulations and guidelines at the sub-function and service area level, except for four-year old programs and programs serving students with disabilities who have Individualized Education Programs./ and inserting /All school districts must report the student teacher ratio for every classroom to the Department of Education at the ninety and one hundred and eighty day mark. The department shall report this information to the General Assembly./
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The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Allison Anderson Atkinson Bailey Bales Bamberg Bannister Bennett Bernstein Blackwell Bradley Brawley Bryant Caskey Clary Clemmons Clyburn Cobb-Hunter Cogswell B. Cox W. Cox Crawford Daning Davis Dillard Elliott Erickson Felder Fry Funderburk Gagnon Garvin Gilliard Govan Hart Hayes Henderson-Myers Henegan Herbkersman Hewitt Hiott Hixon Hosey Howard Hyde Jefferson Johnson Jordan Kimmons King Kirby Ligon Long Lowe Lucas Mace Mack Martin McCoy McCravy McDaniel McGinnis McKnight Morgan V. S. Moss Murphy B. Newton W. Newton Norrell Ott Pendarvis Pope Ridgeway Rivers Robinson Rose Rutherford Sandifer Simmons Simrill G. M. Smith Sottile Spires Stavrinakis Taylor Thayer Thigpen Trantham West Wheeler White R. Williams S. Williams Willis Wooten
Burns Chumley Forrester Gilliam Hardee Jones Magnuson D. C. Moss G. R. Smith Tallon Whitmire
The amendment was then adopted.
The Senate Amendments were amended, and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 4001 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2018-2019, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.
Reps. G.M. SMITH, SIMRILL, HERBKERSMAN, WHITMIRE, STAVRINAKIS, ERICKSON, LOWE, FINLAY and BANNISTER proposed the following Amendment No. 1A to H. 4000 (Word version) (Doc Name h:\legwork\house\amend\h-wm\001\crf-h2 amend back.docx), which was adopted:
Amend the Joint Resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2018-2019 the following amounts:
(1) D500 - Department of
Administration
State-Owned Building
Deferred Maintenance $ 29,074,138
(2) P280 - Department of Parks,
Recreation and Tourism
State Parks Deferred
Maintenance $ 8,475,000
(3) H090 - The Citadel
Capers Hall $ 7,500,000
(4) H120 - Clemson University
Clemson University Health
Innovation-Extension
Programming $ 2,100,000
(5) H120 - Clemson University
Center for Advanced
Manufacturing $ 4,000,000
(6) H120 - Clemson University
Safety and Security
Infrastructure/Enhancements $ 5,900,000
(7) H150 - University of Charleston
Stern Center Renovation $ 7,000,000
(8) H170 - Coastal Carolina
University
Academic Enrichment Center $ 5,000,000
(9) H180 - Francis Marion University
Freshwater Ecology Center $ 5,000,000
(10) H210 - Lander University
Roof Replacements $ 3,313,400
(11) H210 - Lander University
Campus Safety and
Security Upgrades $ 1,361,800
(12) H240 - South Carolina State
University
Information Technology
Upgrades $ 2,000,000
(13) H240 - South Carolina State
University
Student Center Renovation $ 3,361,000
(14) H270 - University of South
Carolina
Columbia School of Medicine
Relocation $ 15,000,000
(15) H290 - USC - Aiken Campus
Business and Education
Building Renovation $ 3,500,000
(16) H340 - USC - Upstate
Laboratory and Technology
for Exercise Science $ 517,499
(17) H340 - USC - Upstate
Smith Science Building
Renovation $ 3,000,000
(18) H360 - USC - Beaufort Campus
Instructional Technology
Upgrades $ 500,000
(19) H360 - USC - Beaufort Campus
Library/Classroom Building
Expansion $ 4,500,000
(20) H370 - USC - Lancaster Campus
Critical Maintenance and
Repair $ 3,500,000
(21) H380 - USC - Salkehatchie
Campus
Critical Maintenance and Repair $ 1,391,500
(22) H390 - USC - Sumter Campus
Critical Maintenance and Repair $ 1,345,000
(23) H390 - USC - Sumter Campus
Science Building Renovation $ 2,250,000
(24) H400 - USC - Union Campus
Critical Maintenance and Repair $ 1,360,000
(25) H470 - Winthrop University
Strategic Risk Management $ 7,500,000
(26) H510 - Medical University of
South Carolina
Renovation/Innovation Projects $ 12,000,000
(27) H590 - State Board for Technical
and Comprehensive Education
ReadySC Direct Training $ 9,200,000
(28) P200 - Clemson University-PSA
Facility Renovation for Water
Research $ 2,000,000
(29) H240 - South Carolina State
University
Speech Pathology Program
Updates $ 1
(30) H240 - South Carolina State
University
Demolition of Mayes Hall
and Queen Villages $ 1
(31) H170 - Coastal Carolina
University
Belle W. Baruch Institute
for South Carolina Studies
- Renovation $ 1
(32) H590 - State Board for Technical
and Comprehensive Education
Central Carolina Tech -
Capital Needs - Sumter $ 1
(33) H590 - State Board for Technical
and Comprehensive Education
Spartanburg Community
College - STEM Training
Facility $ 1
(34) H590 - State Board for Technical
and Comprehensive Education
Piedmont Technical College -
O'Dell Upstate Center for
Manufacturing Excellence $ 1
SECTION 2. Prior to expending the $15,000,000 appropriated in item (14) H270 - University of South Carolina Columbia School of Medicine Relocation, the funds must be matched 1:1 by a private entity or irrevocable escrow by the University.
SECTION 3. 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 4. This joint resolution takes effect thirty days after the completion of the 2018-2019 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./
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Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Senate Amendments were amended, and the Joint Resolution was ordered returned to the Senate.
Rep. SIMMONS moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4515 (Word version) -- Reps. Brown, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR REVEREND ROBERT JAMES STOKES, PASTOR OF MT. HORR AFRICAN METHODIST EPISCOPAL CHURCH ON YONGES ISLAND, AS HE RETIRES AFTER YEARS OF EXEMPLARY MINISTRY AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
H. 4106 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 321 IN HAMPTON COUNTY FROM ITS INTERSECTION WITH HOPEWELL ROAD TO ITS INTERSECTION WITH ZEIGLER STREET "VIRGIN JOHNSON, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS. H. 4481 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Hyde, Jefferson, Johnson, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, Simmons, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Thigpen, Toole, Trantham, Weeks, West, Wheeler, White, Whitmire, R. Williams, S. Williams, Willis, Wooten, Young and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE THE THOUSANDS OF SOUTH CAROLINIANS WHO VOLUNTEER THEIR TIME THROUGH THE ADOPT-A-HIGHWAY PROGRAM TO KEEP MILES OF STATE ROADS LITTER FREE AND TO PROCLAIM THE MONTH OF MAY 2019 AS ADOPT-A-HIGHWAY MONTH IN THE STATE OF SOUTH CAROLINA.
At 7:51 p.m. the House, in accordance with the motion of Rep. KING, adjourned in memory of Reverend Sylvilla Massey-Feaster, to meet at 10:00 a.m. tomorrow.
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