South Carolina General Assembly
123rd Session, 2019-2020
Journal of the House of Representatives

NO. 26

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 8, 2019
________

WEDNESDAY, FEBRUARY 26, 2020
(STATEWIDE SESSION)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Psalm 113:2: "Blessed be the Name of the Lord from this time on and forevermore."

Let us pray. God of wisdom and might, give us faith to see in You the healing and redeeming work of the world. You made Your people to be the salt of the earth to share Your saving work with others. Bless these Representatives and staff so they will work together and fulfill the desires required of them. Look in favor on our defenders of freedom and first responders as they protect and care for us. Bless our Nation, President, State, Governor, Speaker, staff, and all who contribute to this Assembly. Heal the wounds, those seen and those hidden, of our brave warriors who suffer and sacrifice for our freedom. Lord, in Your mercy, hear our prayers. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WEEKS moved that when the House adjourns, it adjourn in memory of Corporal Andrew Gillette, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., Tuesday, February 25, 2020
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 16 (Word version):

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.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. ALLISON, from the Committee on Education and Public Works, submitted a favorable report on:

H. 4694 (Word version) -- Reps. Allison, Clyburn and Hosey: A BILL TO AMEND SECTION 59-67-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PASSING OF A SCHOOL BUS BY ANOTHER SCHOOL BUS, SO AS TO PROVIDE THAT A SCHOOL BUS MAY LAWFULLY PASS ANOTHER SCHOOL BUS ON A MULTILANE HIGHWAY; AND TO REPEAL SECTION 59-67-515 RELATING TO SPEED LIMITS FOR PUBLIC SCHOOL BUSES.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5289 (Word version) -- Rep. Rose: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND CYNTHIA CAROLINE FLYNN FOR HER YEARS OF DISTINGUISHED PUBLIC SERVICE AND COMMITMENT TO THE STATE OF SOUTH CAROLINA, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS TO COME.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5290 (Word version) -- Reps. Morgan, 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, Haddon, 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, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, 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 and Yow: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR THE EASTSIDE HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS FOR A REMARKABLE SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2020 SOUTH CAROLINA CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5291 (Word version) -- Rep. Morgan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE REPRESENTATIVES TO THE EASTSIDE HIGH SCHOOL WRESTLING TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND COMMENDING THEM ON THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2020 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5292 (Word version) -- Rep. Moore: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR D.C. YOUNG FLY ON HIS OUTSTANDING CAREER AS AN ENTERTAINER AND COMEDIAN AND TO WISH HIM MUCH CONTINUED SUCCESS IN THE DAYS AHEAD.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5293 (Word version) -- Rep. Moore: A HOUSE RESOLUTION TO RECOGNIZE AND HONOR KARLOUS MILLER ON HIS OUTSTANDING CAREER AS AN ENTERTAINER AND COMEDIAN AND TO WISH HIM MUCH CONTINUED SUCCESS IN THE DAYS AHEAD.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 112 (Word version)2 -- Senator Gambrell: A CONCURRENT RESOLUTION TO APPLAUD THE BELTON-HONEA PATH HIGH SCHOOL COMPETITIVE CHEER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND TO SALUTE THEM ON WINNING THE 2019 CLASS AAAA STATE CHAMPIONSHIP TITLE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 112 (Word version)4 -- Senator McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ENTREPRENEUR AND PHILANTHROPIST, DR. FELIX KING EIREMIOKHAE FOR HIS OUTSTANDING, INNOVATIVE SUCCESS AND HIS REMARKABLE PHILANTHROPY IN THE NATION OF NIGERIA.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

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                  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
Gilliam                  Gilliard                 Govan
Haddon                   Hardee                   Hart
Hayes                    Henderson-Myers          Henegan
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
Johnson                  Jones                    Jordan
Kimmons                  King                     Kirby
Ligon                    Long                     Lowe
Lucas                    Mack                     Magnuson
Martin                   Matthews                 McCoy
McCravy                  McDaniel                 McGinnis
Moore                    D. C. Moss               V. S. Moss
Murphy                   B. Newton                W. Newton
Oremus                   Ott                      Parks
Pendarvis                Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              Sottile
Spires                   Stavrinakis              Tallon
Taylor                   Thayer                   Thigpen
Toole                    Trantham                 Weeks
West                     White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total Present--116

LEAVE OF ABSENCE

The SPEAKER granted Rep. GARVIN a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. STRINGER a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MACE a leave of absence for the day due to family medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHEELER a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILLIARD a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Gary Culberton of Sumter was the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. MAGNUSON and LONG presented to the House the Chapman High School Varsity Football Team, coaches, and other school officials.

SPECIAL PRESENTATION

Rep. ATKINSON presented to the House the Green Sea Floyds High School Football Team, coaches, and other school officials.

CO-SPONSORS ADDED AND REMOVED

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."

CO-SPONSORS ADDED

Bill Number:   H. 3328 (Word version)
Date:   ADD:
02/26/20   BRAWLEY, ALEXANDER and RIVERS

CO-SPONSORS ADDED

Bill Number:   H. 4214 (Word version)
Date:   ADD:
02/26/20   JEFFERSON and R. WILLIAMS

CO-SPONSORS ADDED

Bill Number:   H. 4355 (Word version)
Date:   ADD:
02/26/20   JEFFERSON, R. WILLIAMS, CLEMMONS and MCGINNIS

CO-SPONSORS ADDED

Bill Number:   H. 4431 (Word version)
Date:   ADD:
02/26/20   KIMMONS, MURPHY and CHELLIS

CO-SPONSORS ADDED

Bill Number:   H. 4669 (Word version)
Date:   ADD:
02/26/20   MCDANIEL and S. WILLIAMS

CO-SPONSOR ADDED

Bill Number:   H. 4718 (Word version)
Date:   ADD:
02/26/20   CLARY

CO-SPONSOR ADDED

Bill Number:   H. 4749 (Word version)
Date:   ADD:
02/26/20   JEFFERSON

CO-SPONSOR ADDED

Bill Number:   H. 4761 (Word version)
Date:   ADD:
02/26/20   CALHOON

CO-SPONSORS ADDED

Bill Number:   H. 4765 (Word version)
Date:   ADD:
02/26/20   RIVERS, R. WILLIAMS, JEFFERSON, S. WILLIAMS and HENDERSON-MYERS

CO-SPONSOR ADDED

Bill Number:   H. 4798 (Word version)
Date:   ADD:
02/26/20   D. C. MOSS

CO-SPONSOR ADDED

Bill Number:   H. 4990 (Word version)
Date:   ADD:
02/26/20   HEWITT

CO-SPONSORS ADDED

Bill Number:   H. 5139 (Word version)
Date:   ADD:
02/26/20   MAGNUSON, HADDON, LONG, CHUMLEY, CLEMMONS and RIDGEWAY

CO-SPONSOR ADDED

Bill Number:   H. 5270 (Word version)
Date:   ADD:
02/26/20   BAILEY

CO-SPONSORS ADDED

Bill Number:   H. 5288 (Word version)
Date:   ADD:
02/26/20   THAYER, JONES, BENNETT, G. R. SMITH, TRANTHAM, FRY, CRAWFORD, MAGNUSON, HADDON, ELLIOTT, B. COX and CHUMLEY

CO-SPONSOR REMOVED

Bill Number:   H. 5273 (Word version)
Date:   REMOVE:
02/26/20   BAILEY

LEAVE OF ABSENCE

The SPEAKER granted Rep. ANDERSON a leave of absence for the remainder of the day.

SPEAKER PRO TEMPORE IN CHAIR

H. 4431--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4431 (Word version) -- Reps. Jordan, Fry, Rose, Forrest, Anderson, Hyde, B. Cox, Elliott, Morgan, B. Newton, Rutherford, Long, Magnuson, Clemmons, Davis, Taylor, Hewitt, Pope, Ligon, Tallon, D. C. Moss, Blackwell, Kirby, Sandifer, Jefferson, R. Williams, Kimmons, Murphy, Chellis and Daning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 1, TITLE 6 SO AS TO PROVIDE BUSINESS LICENSE TAX REFORM, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE WAY IN WHICH A BUSINESS LICENSE TAX IS COMPUTED, TO PROVIDE FOR THE WAY IN WHICH TO PURCHASE A BUSINESS LICENSE, TO PROVIDE THAT A TAXING JURISDICTION SHALL ADOPT THE LATEST STANDARDIZED BUSINESS LICENSE CLASS SCHEDULE, TO PROVIDE THE WAY IN WHICH A BUSINESS LICENSE OFFICIAL SHALL SERVE NOTICE OF ASSESSMENT OF BUSINESS LICENSE TAX DUE; TO AMEND SECTIONS 4-9-30 AND 5-7-30, RELATING TO THE DESIGNATION OF POWERS IN COUNTY GOVERNMENT AND THE POWERS CONFERRED UPON MUNICIPALITIES, RESPECTIVELY, SO AS TO PROVIDE THAT A BUSINESS LICENSE TAX MUST BE GRADUATED ACCORDING TO THE BUSINESS TAXABLE INCOME AND THAT A WHOLESALER DELIVERING GOODS IN CERTAIN INSTANCES IS NOT SUBJECT TO THE BUSINESS LICENSE TAX; TO AMEND SECTION 6-1-120, RELATING TO THE CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO ALLOW THE SHARING OF CERTAIN DATA AND CERTAIN BUSINESS LICENSE TAXES; TO AMEND SECTION 12-4-310, RELATING TO THE DEPARTMENT OF REVENUE'S POWERS AND DUTIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL MAKE CERTAIN RECORDS AVAILABLE TO CERTAIN AUTHORITIES LEVYING A TAX BASED ON BUSINESS TAXABLE INCOME.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 to H. 4431 (Word version) (COUNCIL\SA\4431C002. RT.SA20), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   This act may be cited as the "South Carolina Business License Tax Standardization Act".
SECTION   2.   Article 3, Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-400.   (A)   Notwithstanding Section 5-7-30 or any other provision of law, any business license tax levied by a taxing jurisdiction must comply with the provisions of this section. For purposes of this section, 'taxing jurisdiction' means a county or municipality levying a business license tax.

(B)(1)   Each business license issued must expire April thirtieth, or if issued on a construction contract, at the completion of the construction project. The business license must be renewed before May first of the year in which it expires. If the tax is not paid before May first, a taxing jurisdiction may impose penalties, except an admitted insurance company may pay before June first without penalty.

(2)   The business license tax must be computed based on the gross income for the calendar year preceding the due date, the business's twelve-month fiscal year preceding the due date, or on a twelve-month projected income based on the monthly average for a business in operation for less than one year. The tax for a new business must be computed on the estimated probable gross income stated in the license application for the balance of the license year. A business license related to construction contract projects may be issued on a per project basis, at the option of the taxpayer. A general contractor may choose to be issued a business license on the total value of his project's contract and that of his subcontractors or allow a taxing jurisdiction to withhold the certificate of occupancy on the project until each of his subcontractors obtains a business license for the project. If the general contractor is issued a business license on the total value of his project's contract and that of his subcontractors, he may request a refund in accordance with subsection (D) for the amounts of the business license tax paid by his subcontractors on the project. Wholesalers are exempt from municipal license taxes unless they maintain warehouses or distribution establishments within the municipality. A wholesale transaction involves a sale to an individual who will resell the property and includes delivery to the reseller. It does not include a sale to a user or consumer.

(3)   For purposes of this subsection, 'gross income' means the gross receipts or gross revenue of a business, received or accrued, for one calendar or fiscal year collected or to be collected from business done within the taxing jurisdiction in which it is domiciled. If the person or business does business within a municipality or county where it is not domiciled, it shall pay the business license tax on the gross income earned within that municipality or county. If the person or business taxed pays a business license tax to a county or to another municipality where the income is earned, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality. 'Gross income for agents' means gross commissions received or retained, unless otherwise specified. If commissions are divided with other brokers or agents, only the amount retained by the broker or agent is considered gross income. 'Gross income for insurance companies' means gross premiums written. Adjusted gross income for manufacturers of goods or materials with a location in a taxing jurisdiction is the lesser of gross income collected from business done at the location, the amount of income allocated and apportioned to that location by the business for purposes of the business's state income tax return, or the amount of expenses attributable to the location as a cost center of the business. Manufacturers include those taxpayers reporting a manufacturing principal business activity code on their respective federal income tax return. The adjusted gross income for business license purposes may be verified by a taxing jurisdiction's officials by its inspection of returns and reports filed with the Internal Revenue Service, the South Carolina Department of Revenue, or other governmental agencies. Gross income for business license tax purposes may not include taxes collected for a governmental entity, escrow funds, or funds that are the property of a third party. The value of bartered goods or trade in merchandise may be included in gross income. The gross receipts or gross revenues for business license purposes may be verified by inspection of returns and reports filed with the Internal Revenue Service, the South Carolina Department of Revenue, the South Carolina Department of Insurance, or other governmental agencies.

(C)   Each taxing jurisdiction shall accept a standard business license application as established and provided by the Director of the Revenue and Fiscal Affairs Office.

(D)   A taxpayer is entitled to a refund if he submits a business license tax payment that is greater than the amount owed. The refund must be requested by the taxpayer before June first. The taxing jurisdiction shall issue the refund to the taxpayer within thirty days of the taxpayer's request for the refund.

(E)(1)   By December thirty first of every odd year, a taxing jurisdiction levying a business license tax shall adopt, by ordinance, the latest Standardized Business License Class Schedule as recommended by the Municipal Association of South Carolina and adopted by the Director of the Revenue and Fiscal Affairs Office. The Municipal Association of South Carolina shall determine and revise the Standardized Business License Class Schedule every even year using the latest available nationwide Internal Revenue Service statistics for the calculation of profitability of businesses and using the latest business classification codes of the latest North American Industry Classification System (NAICS).

(2)   A taxing jurisdiction, upon a finding of a rational basis as explained in its ordinance and by a positive majority vote of council, may provide for additional reasonable subclassifications, described by an NAICS sector, subsector, or industry, based upon particularized considerations as needed for economic stimulus or the enhanced or disproportionate demands by specific business subclassifications on taxing jurisdiction services or infrastructure.

(F)(1)   Any special ordinance, formal agreement, or informal agreement entered into between a taxing jurisdiction and a taxpayer regarding rate classes, annual flat fee, or the calculation of business license taxes that was adopted by ordinance or agreed to before enactment of this subsection is considered valid upon the approval of the taxpayer. A taxpayer may prove the existence and terms of an agreement through direct or circumstantial evidence, including evidence of prior payment accepted.

(2)   This section does not impair or affect any future special business license ordinance passed for economic stimulus, annual flat fee, or any future formal or informal agreement between a taxing jurisdiction and a taxpayer regarding the calculation of business license taxes.

(G)(1)   A taxing jurisdiction must establish its 2021 Business License Tax Rate Schedule using the gross income reported by businesses for a twelve-month period in the 2020 business license year so that the aggregate taxing jurisdiction business license tax calculated for 2021 does not exceed the aggregate taxing jurisdiction business license tax collected in 2020 from the same businesses.

(2)   If the rate for an NAICS sector, subsector, or industry is unchanged from 2020 to 2021, then the business license tax collections may be excluded from the calculation set forth in item (1).

(H)(1)   A taxing jurisdiction shall provide access to taxpayers for the reporting, calculation, and payment of business license taxes through the business license tax portal hosted and managed by the Revenue and Fiscal Affairs Office, subject to the availability and capability of the portal. Any limitations in portal availability or capability do not relieve taxpayers from existing business license or business license tax obligations. Any audit of income or assessment of tax reported through the business license tax portal must be undertaken by the taxing jurisdiction. Data obtained through the business license tax portal may not be used by parties other than the taxing jurisdictions for statewide analytics or any other purpose not specified in this section. Parties other than the taxing jurisdictions are prohibited from auditing a taxpayer using the business license tax portal. A taxing jurisdiction shall receive the entirety of the business license tax paid to it by a taxpayer through the business license tax portal. In addition to allowing a payment through the business license tax portal, a taxing jurisdiction shall allow a taxpayer to file and pay its business license tax in person at a location within the taxing jurisdiction, by telephone, or by mail.

(2)   The Revenue and Fiscal Affairs Office is authorized to contract with software providers and payment processors for the purposes of implementing the provisions of this section. The Revenue and Fiscal Affairs Office may promulgate regulations to carry out the provisions of this section. The software provider may not retain any portion of the business license tax paid by the taxpayer to a taxing jurisdiction through the business license tax portal.

(3)   The Revenue and Fiscal Affairs Office is authorized to expend any funds carried forward from previous fiscal years for the purpose of implementing the provisions of this section. Expenditures may not exceed the actual cost of implementing the provisions of this section.

(I)(1)   If a taxpayer fails or refuses to pay the business license tax by May first, the taxing jurisdiction business license official shall serve notice of assessment of the business license tax due on the taxpayer by mail or personal service. Within thirty days after the date of postmark or personal service, a taxpayer may request, in writing with reasons stated, an adjustment of the assessment. An informal conference between the taxing jurisdiction business license official and the taxpayer must be held within fifteen days of the receipt of the request, at which time the taxpayer may present any information or documents in support of the requested adjustment. Within five days after the conference, the taxing jurisdiction business license official shall issue a notice of final assessment and serve the taxpayer by mail or personal service with the notice and provide a form for any further appeal of the assessment by the taxpayer.

(2)   Within thirty days after the date of postmark or personal service, the taxpayer may appeal the notice of final assessment by filing the completed appeal form with the taxing jurisdiction business license official by mail or personal service, and by paying to the taxing jurisdiction in protest at least eighty percent of the business license tax based on the final assessment. The appeal must be heard and determined by the taxing jurisdiction council or its designated appeals officer or appeals board. The taxing jurisdiction council or its designee shall provide the taxpayer with written notice of the hearing and with any rules of evidence or procedure prescribed by the taxing jurisdiction council or its designee. The hearing must be held within thirty days after receipt of the appeal form unless continued to another date by agreement of the parties. A hearing by the taxing jurisdiction council, or its designee, or appeals board must be held at a regular or special meeting of the taxing jurisdiction council or appeals board. At the appeals hearing, the taxpayer and the taxing jurisdiction have the right to be represented by counsel, to present testimony and evidence, and to cross examine witnesses. The hearing must be recorded and must be transcribed at the expense of the party so requesting. The taxing jurisdiction council, or its designee, or appeals board shall decide the assessment by majority vote. The taxing jurisdiction council, or its designee, appeals board, or designated appeals officer shall issue a written decision explaining the basis for the decision with findings of fact and conclusions and shall inform the taxpayer of the right to request a contested case hearing before the Administrative Law Court. The written decision must be filed with the taxing jurisdiction business license official and served on the taxpayer by mail or personal service. The decision is the final decision of the taxing jurisdiction on the assessment.

(3)   Within thirty days after the date of postmark or personal service of the taxing jurisdiction's written decision on the assessment, a taxpayer may appeal the decision to the Administrative Law Court in accordance with the rules of the Administrative Law Court. The court may affirm, reverse, or remand the decision on assessment.

(J)(1)   A taxing jurisdiction may contract by ordinance with an individual, firm, or organization to assist the taxing jurisdiction in collecting property or business license taxes. Except for business license taxes collected pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 45, Title 38, a private third-party entity is prohibited from assessing or collecting business license taxes or requiring a business entity to remit confidential business license tax data to that private third party on behalf of a taxing jurisdiction. This subsection may not prohibit a taxing jurisdiction from contracting with a third-party entity in assisting in the collection of business license taxes. For purposes of this subsection, assisting in the collection of business license taxes is limited to a contractual agreement with a taxing jurisdiction for a third party to identify, through publicly available records, businesses that are operating within the contracting taxing jurisdiction without a business license, and providing that identification to a taxing jurisdiction. The third party also may assist the contracting taxing jurisdiction with providing, by United States official mail, the taxing jurisdiction's business license form, along with a self-addressed envelope containing the taxing jurisdiction address, to identified businesses on behalf of the taxing jurisdiction, and the third party is strictly prohibited from any further contact with the business other than sending the letter to the identified business on behalf of the jurisdiction. A third party assisting in the collection of business license taxes as defined in this section is prohibited from collecting personal or proprietary information from the identified business and is prohibited from any further contact with the business.

(2)   It is unlawful for any individual, firm, or organization to contact a business in this state regarding noncompliance with a business license ordinance unless the contact is made pursuant to a contract with a taxing jurisdiction in accordance with this section.

(3)   This subsection may not prohibit a taxing jurisdiction from contracting with a third party solely for the purpose of providing payment processing services for the acceptance of business license tax payments.

(4)   A taxing jurisdiction is prohibited from entering into a contract with a third party to assist the taxing jurisdiction in collecting property or business license taxes which includes a fee based on a percentage of taxes collected or otherwise depends on the specific result obtained. This subsection does not apply to a taxing jurisdiction that enters into a contract with a third party solely for the collection of delinquent taxes for which a liability has been established by the issuance of a proposed assessment of property or business license taxes by a governmental entity to a business and the failure of the business to appeal the proposed assessment in a timely manner.

(5)   Except for business license taxes collected pursuant to Article 20, Chapter 9, Title 58 and Chapters 7 and 45, Title 38, a taxing jurisdiction may not share or disclose any information relating to business license tax applications with any third party, specifically including a private sector auditor or auditing firm who is paid on a contingency fee or success basis.

(6)   Enforcement of this subsection is under the South Carolina Department of Consumer Affairs. Upon the finding of the South Carolina Department of Consumer Affairs of a violation of this subsection by an individual, firm, or organization, the South Carolina Department of Consumer Affairs shall award to the taxpayer bringing an action under this subsection a civil penalty equal to actual damages plus interest and reasonable attorney's fees and costs. A person or entity may bring a private right of action:

(a)   based on a violation of this subsection or any regulations prescribed under this subsection to enjoin such violation;

(b)   to recover for actual monetary loss from such a violation, or to receive five hundred dollars in damages for each violation, whichever is greater; or

(c)   both actions described in subitems (a) and (b).

(7)   If the court finds that the defendant wilfully or knowingly violated this subsection or any regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to no more than three times the amount available pursuant to item (6)(B)."
SECTION   3.   This act takes effect January 1, 2021.   /
Renumber sections to conform.
Amend title to conform.

Rep. GAGNON explained the amendment.
The amendment was then adopted.

SPEAKER IN CHAIR

Rep. LUCAS proposed the following Amendment No. 2 to H. 4431 (Word version) (COUNCIL\SA\4431C003.RT.SA20), which was adopted:
Amend the bill, as and if amended, SECTION 2, Section 6-1-400, by adding an appropriately lettered subsection to read:
/   ( )(1)   For purposes of this subsection:

(a)   'Charitable Organization' means an organization that is determined by the Internal Revenue Service to be exempt from Federal income taxes under 26 U.S.C. section 501 (c)(3), (4), (6), (7), (8), (10) or (19).

(b)   'Charitable Purpose' means a benevolent, philanthropic, patriotic, or eleemosynary purpose which does not result in personal gain to a sponsor, organizer, officer, director, trustee or person with ultimate control of the organization.

(2)   A charitable organization shall be exempt from the business license tax on its gross income unless it is deemed a business subject to a business license tax on all or part of its gross income as provided in this section. A charitable organization, or any for-profit affiliate of a charitable organization, that reports income from for-profit activities, or unrelated business income, for federal income tax purposes to the Internal Revenue Service shall be deemed a business subject to a business license tax on the part of its gross income from such for-profit activities or unrelated business income.

(3)   A charitable organization shall be deemed a business subject to a business license tax on its total gross income if (1) any net proceeds of operation, after necessary expenses of operation, inure to the benefit of any individual or any entity that is not itself a charitable organization as defined in this ordinance, or (2) any net proceeds of operation, after necessary expenses of operation, are used for a purpose other than a charitable purpose as defined in this ordinance. Excess benefits or compensation in any form beyond fair market value to a sponsor, organizer, officer, director, trustee, or person with ultimate control of the organization shall not be deemed a necessary expense of operation."   /
Renumber sections to conform.
Amend title to conform.

Rep. OTT 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:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Bales                    Ballentine               Bamberg
Bannister                Bennett                  Bernstein
Blackwell                Bradley                  Brawley
Brown                    Bryant                   Burns
Calhoon                  Caskey                   Chellis
Chumley                  Clary                    Clyburn
Cogswell                 Collins                  B. Cox
W. Cox                   Crawford                 Daning
Davis                    Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Forrester                Fry
Gagnon                   Gilliam                  Govan
Haddon                   Hardee                   Hart
Hayes                    Henderson-Myers          Henegan
Hewitt                   Hill                     Hiott
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
Johnson                  Jones                    Jordan
Kimmons                  King                     Kirby
Ligon                    Long                     Lowe
Lucas                    Mack                     Magnuson
Martin                   Matthews                 McCoy
McCravy                  McDaniel                 McGinnis
D. C. Moss               V. S. Moss               Murphy
B. Newton                W. Newton                Norrell
Oremus                   Ott                      Parks
Pope                     Rivers                   Robinson
Rose                     Sandifer                 Simrill
G. R. Smith              Sottile                  Spires
Stavrinakis              Tallon                   Taylor
Thayer                   Thigpen                  Toole
Trantham                 West                     White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   

Total--104

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4431 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Laurie Funderburk

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 4431 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Carl Anderson

STATEMENT FOR JOURNAL

I, Marvin Pendarvis, was not present for the House vote on H. 4431 (Word version), Business License Tax Reform, on February 26. If I had been present, I would have voted in favor of it.

Rep. Marvin Pendarvis

H. 3328--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3328 (Word version) -- Reps. King, Clyburn, Henegan, Garvin, McDaniel, Alexander, Rivers and Brawley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-785 SO AS TO PROVIDE STUDENTS DETERMINED ELIGIBLE TO RECEIVE FREE LUNCHES AND STUDENTS DETERMINED ELIGIBLE TO RECEIVE REDUCED PRICE LUNCHES MUST BE OFFERED THE SAME CHOICE OF MEALS AND MILK OFFERED TO CHILDREN WHO PAY THE FULL PRICE FOR THEIR MEALS OR MILK.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 3328 (Word version) (COUNCIL\WAB\3328C001. SM.WAB20), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Article 7, Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Section 59-63-785.   (A)   Students determined eligible for free and reduced meal benefits must be offered the same federally reimbursable meal as students not eligible for free and reduced meals as prescribed in 7 C.F.R. Part 215 and the Special Milk Program. Federally reimbursable meals must be offered even if the student owes money for previous meals to receive free lunches and students determined eligible to receive reduced price lunches must be offered the same choice of meals and milk offered to children who pay the full price for their meals or milk, regardless of whether one lunch or type of milk offered meets the requirements prescribed in the National School Lunch Program, found in 7 C.F.R. Part 210, and the Special Milk Program for Children, found in 7 C.F.R. Part 215. The provisions of this section do not prohibit a school from offering an alternate menu item to students who are required to pay full price or a reduced price for lunch but fails to pay as required.

(B)   Schools that offer food and beverages separate from federally reimbursable meals may not allow students to accrue a balance when purchasing items, and only may accept cash payment or allow funds to be electronically drawn from a prepaid balance.

(C)   A school or school district may not invoke penalties for failing to pay for a school lunch, including but limited to, prohibiting students from attending field trips, participating in graduation or other recognition ceremonies, or attending other academic related activities.

(D)   The State Department of Education shall develop and provide a model policy and template to each school district regarding the collection of school meal debt."
SECTION   2.   This act takes effect August 1, 2021.     /
Renumber sections to conform.
Amend title to conform.

Rep. FELDER 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:

Yeas 110; Nays 0

Those who voted in the affirmative are:

Alexander                Allison                  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                      Gagnon
Gilliam                  Govan                    Haddon
Hardee                   Hart                     Hayes
Henderson-Myers          Henegan                  Hewitt
Hill                     Hiott                    Hixon
Hosey                    Howard                   Huggins
Hyde                     Jefferson                Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lowe                     Lucas
Mack                     Magnuson                 Martin
Matthews                 McCoy                    McCravy
McDaniel                 McGinnis                 D. C. Moss
V. S. Moss               Murphy                   B. Newton
W. Newton                Norrell                  Oremus
Ott                      Parks                    Pope
Ridgeway                 Rivers                   Robinson
Rose                     Sandifer                 Simrill
G. M. Smith              G. R. Smith              Sottile
Spires                   Stavrinakis              Tallon
Taylor                   Thayer                   Thigpen
Toole                    Trantham                 Weeks
West                     White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total--110

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

STATEMENT FOR JOURNAL

I was temporarily out of the Chamber on constituent business during the vote on H. 3328 (Word version). If I had been present, I would have voted in favor of the Bill.

Rep. Laurie Funderburk

H. 4761--INTERRUPTED DEBATE

The following Bill was taken up:

H. 4761 (Word version) -- Reps. Lucas, Allison, Chellis, Clyburn, Trantham, Felder, Clary and Calhoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-155-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL APPROVE NO MORE THAN FIVE RELIABLE AND VALID EARLY LITERACY AND NUMERACY SCREENING ASSESSMENT INSTRUMENTS FOR SELECTION AND USE BY SCHOOL DISTRICTS FOR KINDERGARTEN THROUGH THIRD GRADE, AND TO PROVIDE REQUIREMENTS FOR SUCH INSTRUMENTS; TO AMEND SECTION 59-33-510, RELATING TO DEFINITIONS CONCERNING THE UNIVERSAL SCREENING PROCESSES USED IN PUBLIC SCHOOL DISTRICTS FOR STUDENTS EXPERIENCING ACADEMIC OR SOCIAL-EMOTIONAL DIFFICULTIES, SO AS TO PROVIDE ALL RELATED SCREENING TOOLS MUST BE CAPABLE OF IDENTIFYING STUDENTS WITH DYSLEXIA OR OTHER READING DISORDERS; TO AMEND SECTION 59-155-110, RELATING TO THE READ TO SUCCEED OFFICE, SO AS TO CORRECT A TYPOGRAPHICAL ERROR; TO AMEND SECTION 59-155-120, RELATING TO DEFINITIONS IN THE READ TO SUCCEED ACT, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-155-130, RELATING TO DUTIES OF THE READ TO SUCCEED OFFICE, SO AS TO REVISE THE REQUIREMENTS CONCERNING COURSEWORK NECESSARY FOR LITERACY ADD-ON ENDORSEMENTS AND TO REVISE REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT IN READING AND COACHING FOR CERTIFIED READING/LITERACY COACHES AND LITERACY TEACHERS; TO AMEND SECTION 59-155-140, RELATING TO THE STATE READING PROFICIENCY PROGRAM, SO AS TO REMOVE THE USE OF BOOK CLUBS FOR CERTAIN REQUIRED SUPPLEMENTAL INSTRUCTION; TO AMEND SECTION 59-155-150, RELATING TO THE READINESS ASSESSMENT PROVIDED BY THE READ TO SUCCEED ACT, SO AS TO REVISE THE REQUIREMENTS FOR SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS; TO AMEND SECTION 59-155-160, RELATING TO MANDATORY STUDENT RETENTION PROVISIONS OF THE READ TO SUCCEED ACT, SO AS TO REVISE CRITERIA FOR RETENTION AND EXEMPTIONS FROM RETENTION, TO ELIMINATE AN APPEALS PROCESS, AND TO REVISE CRITERIA FOR INTENSIVE INSTRUCTIONAL SERVICES AND SUPPORT PROVIDED TO RETAINED STUDENTS; AND TO AMEND SECTION 59-155-180, RELATING TO PROVISIONS CONCERNING TEACHER EDUCATION PROGRAMS IN THE READ TO SUCCEED ACT, SO AS TO REMOVE THE REQUIREMENT THAT READING/LITERACY COACHES BE EMPLOYED IN ALL ELEMENTARY SCHOOLS, TO REVISE REQUIREMENTS CONCERNING THE ROLES AND FUNCTIONS OF READING/LITERACY COACHES, TO PROVIDE MEASURES TO ENSURE TEACHER CANDIDATES UNDERSTAND THE FOUNDATIONS OF READING AND ARE PREPARED TO TEACH READING TO ALL STUDENTS, AND TO PROVIDE THE COMMISSION ON HIGHER EDUCATION AND THE LEARNING DISORDERS TASK FORCE ANNUALLY SHALL ASSESS THE EFFECTIVENESS OF TEACHER EDUCATION PROGRAMS IN PREPARING TEACHERS TO DIAGNOSE READING PROBLEMS IN STUDENTS AND PROVIDE APPROPRIATE INTERVENTIONS, AND TO PROVIDE THE COMMISSION SHALL REPORT FINDINGS OF THIS ASSESSMENT TO THE STATE DEPARTMENT OF EDUCATION AND TO THE GENERAL ASSEMBLY.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4761 (Word version) (COUNCIL\WAB\4761C001. SM.WAB20):
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/   SECTION   1.   Chapter 155, Title 59 of the 1976 Code is amended by adding:

"Section 59-155-155.   (A)(1)   The State Board of Education shall approve no more than five reliable and valid early literacy and numeracy screening assessment instruments, as defined in Section 59-33-510(7), for selection and use by school districts in kindergarten through third grade. The board shall use the same process as required by Section 59-18-310 to ensure that the instruments are valid and reliable assessments which provide diagnostic information in a timely manner.

(2)   An early literacy assessment instrument must:

(a)   provide screening and diagnostic capabilities for monitoring student progress in reading;

(b)   measure, at a minimum, phonological awareness, decoding and encoding, fluency, vocabulary, and comprehension; and

(c)   identify students who have a reading deficiency, including identifying students with characteristics of dyslexia.

(3)   An early numeracy assessment instrument must provide screening and diagnostic capabilities.

(4)   In determining which instruments to approve, the board shall consider, at a minimum, the following factors:

(a)   the time required to conduct the assessments, with the intention of minimizing the impact on instructional time;

(b)   the level of integration of assessment results with instructional support for teachers and students;

(c)   the timeliness in reporting assessment results to teachers, administrators, and parents; and

(d)   the level of integration of assessment results with instructional support for teachers and pupils.

(B)   A district shall administer one or more instruments pursuant to the universal screening process as defined in Section 59-33-510(7) in the first thirty days of the school year and repeat, if and only if, the student demonstrates literacy and numeracy deficiencies at midyear and at the end of the school year to determine student progression in reading and numeracy in kindergarten through third grade. The department shall reimburse districts for the cost of the instrument or instruments selected upon receipt of assessment data used in the progress monitoring system. All school districts must use one of the literacy and numeracy screening instrument or instruments selected by the board, provided no literacy or numeracy screening instrument or instruments must be used by school districts to determine whether a student will be promoted to the next grade level. Classroom teachers also must be provided support by the department in administering instruments and in understanding the results so that the teacher can provide the appropriate evidence-based intervention.

(C)   A school district may submit a waiver to the State Board of Education to use an alternative early literacy and numeracy screening assessment. The board shall promulgate regulations describing the criteria for granting a waiver, and must include specific requirements that any screeners allowed by the waiver process be able to identify students with dyslexia or other reading disorders. The additional screener must meet minimum technical, administration, and content criteria as determined by the department.

(D)(1)   The department shall:

(a)   implement an online reporting system to monitor the effectiveness of the early literacy or numeracy screening assessment instruments;

(b)   require school districts annually to submit data requested by the department which may be used to determine whether the assessment instruments accurately are identifying students in need; and

(c)   annually report data received pursuant to subitem (b) on a grade-level basis to the Speaker of the House, President of the Senate, and Governor.

(2)   The online reporting system provided in item (1) must:

(a)   track, screen, and monitor the reading and early numeracy progress of students in kindergarten through third grade toward third grade reading proficiency and mathematics proficiency at the state, district, and school levels;

(b)   create a consistent statewide reporting mechanism to identify students with a reading deficiency, including students with dyslexia; and

(c)   be used to receive the annual report required by Section 59-33-540.

(E)   For purposes of this section:

(1)   'Deficiency' means a normative score that places a student in the bottom twenty-fifth percentile on the assessment.

(2)   'Literacy' means ability to read and write.

(3)   'Numeracy' means fluency in understanding numbers and mathematical operations."   /
Amend the bill further, Section 59-33-510(7), as contained in SECTION 2, page 4, lines 34-35, by deleting /All screening tools must be able to identify students with dyslexia or other reading disorders. / and inserting /All screening tools, including those listed in Section 59-155-155, must be able to identify students with dyslexia or other reading disorders.   /
Amend the bill further by deleting SECTION 9 and inserting:
/   SECTION   9.   Section 59-155-180 of the 1976 Code is amended to read:

"Section 59-155-180.   (A)   As a student progresses through school, reading comprehension in content areas such as science, mathematics, social studies, English/language arts, career and technology education, and the arts is critical to the student's academic success. Therefore, to improve the academic success of all students in prekindergarten through grade twelve, the State shall strengthen its pre-service and in-service teacher education programs.

(B)(1)   Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs including MAT degree programs must require all candidates seeking certification at the early childhood or elementary level to complete a twelve credit hour sequence in literacy that includes a school-based practicum and ensures that candidates grasp the theory, research, and practices that support and guide the teaching of reading. The six components of the reading process that are comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary will provide the focus for this sequence to ensure that all teacher candidates are skilled in diagnosing a child's reading problems and are capable of providing an effective intervention. All teacher preparation programs must be approved for licensure by the State Department of Education to ensure that all teacher education candidates possess the knowledge and skills to assist effectively all children in becoming proficient readers. The General Assembly is not mandating an increase in the number of credit hours required for teacher candidates, but is requiring that pre-service teacher education programs prioritize their missions and resources so all early and elementary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students.

(2)   Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs, including MAT degree programs, must require all candidates seeking certification at the middle or secondary level to complete a six credit hour sequence in literacy that includes a course in the foundations of literacy and a course in content-area reading. All middle and secondary teacher preparation programs must be approved by the department to ensure that all teacher candidates possess the necessary knowledge and skills to assist effectively all adolescents in becoming proficient readers. The General Assembly is not mandating an increase in the number of semester hours required for teacher candidates but rather is requiring that pre-service teacher education programs prioritize their mission and resources so all middle and secondary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students.

(C)(1)   To ensure that practicing professionals possess the knowledge and skills necessary to assist all children and adolescents in becoming proficient readers, multiple pathways are needed for developing this capacity.

(2)   A reading/literacy coach shall be employed in each elementary school. Reading coaches shall serve as job-embedded, stable resources for professional development throughout schools in order to generate improvement in reading and literacy instruction and student achievement. Reading coaches shall support and provide initial and ongoing professional development to teachers based on an analysis of student assessment and the provision of differentiated instruction and intensive intervention. The reading coach shall:

(a)   model effective instructional strategies for teachers by working weekly with students in whole, and small groups, or individually;

(b)   facilitate study groups;

(c)   train teachers in data analysis and using data to differentiate instruction;

(d)   coaching and mentoring colleagues;

(e)   work with teachers to ensure that research-based reading programs are implemented with fidelity;

(f)   work with all teachers (including content area and elective areas) at the school they serve, and help prioritize time for those teachers, activities, and roles that will have the greatest impact on student achievement, namely coaching and mentoring in the classrooms; and

(g)   help lead and support reading leadership teams.
Beginning with the 2021-2022 School Year, the department shall identify schools that have one-third or more of its third grade students scoring at the lowest achievement level on the statewide summative English/language arts assessment, and:

(a)   For each identified school, the department shall provide, at a minimum, support including the provision of reading/literacy coaches, professional learning, and curriculum resources based on the science of reading. The reading/literacy coaches provided to the schools must be hired and evaluated annually by the department, which may retain a portion of the funds appropriated in the annual general appropriations act for reading/literacy coaches to support these schools.

(b)   With the balance of funds appropriated to the department for reading/literacy coaches, the department shall allocate funds to school districts to support schools not identified in subitem (a) with reading instruction and interventions which may include, but not be limited to, hiring reading/literacy coaches or interventionists or providing professional development based on the science of reading. Expenditures must be included in the district reading plan approved by the department.

(c)   By accepting funds, a school district warrants that the funds will not be used to supplant existing school district revenues except for districts that either are currently, or in the prior fiscal year were, paying for reading/literacy coaches with local or federal funds. A district only may use these state funds to employ reading/literacy coaches in primary schools, elementary schools, or middle schools, or a combination of such schools, depending on the area of highest need in the district unless the district requests and receives a waiver from the department to expend the funds on interventionists who spend more than fifty percent of their time providing direct support to struggling readers in kindergarten through fifth grade. The school district shall align the placement of reading/literacy coaches to the district reading plan that is approved by the department.

(d)   Funds appropriated for reading/literacy coaches must be used to provide primary schools, elementary schools, middle schools, and any combination of such schools, with reading/literacy coaches who shall serve according to the provisions of this chapter.

(e)   A school or district that accepts funding to support a coaching position shall agree that the reading/literacy coach may not serve as an administrator or perform the duties of an administrator. If the department determines that school districts are using these funds for administrative costs, the department shall withhold that district's allocation of funds for reading/literacy coaches, interventionists, reading instructions or interventions, or professional development based on the science of reading.

(f)   Reading coaches shall support and provide initial and ongoing professional development to teachers in:

(i)   administration and analysis of screening, formative, diagnostic, and summative reading assessments to guide instruction;

(ii)   scientifically-based reading instruction, including phonological awareness, phonics, fluency, vocabulary, comprehension, and the state's English/language arts standards;

(iii)   explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback; and

(iv)   differentiated reading instruction and intensive intervention based on student needs.

(g)   The duties and responsibilities of a state-funded reading coach include:

(i)   collaboration with the principal to create a strategic plan for coaching;

(ii)   facilitation of schoolwide professional development and study groups;

(iii)   modeling effective reading instructional strategies for teachers;

(iv)   coaching and mentoring teachers on a daily basis;

(v)   facilitation of data analysis discussions and support for teachers by using data to differentiate instruction according to student need; and

(vi)   working with all teachers, including Exceptional Student Education (ESE), content area, and elective areas, prioritizing their time to those teachers, activities, and roles that will have the greatest impact on student reading achievement, namely coaching and mentoring in classrooms.

(h)   State-funded reading/literacy coaches must have the following minimum qualifications, provided the State Board of Education may promulgate regulations defining additional qualifications:

(i)   a bachelor's degree and an add-on endorsement for a literacy coach or a literacy specialist and advanced coursework or professional development in reading;

(ii)   three years of experience as a successful classroom literacy teacher; and

(iii)   demonstrated knowledge of scientifically-based reading research, special expertise in quality reading instruction and intervention, and data analysis;

(i)     The Read to Succeed Office shall identify and secure courses and professional development opportunities to assist educators in becoming reading coaches and in earning the literacy add-on endorsement.

(j)   For schools that have one-third or more of its third grade students scoring above the lowest achievement level on the statewide summative English/language arts assessment, the department shall assist the districts in identifying a reading/literacy coach in the event that the school is not successful in identifying and directly employing a qualified candidate.

(k)   The department shall develop procedures for monitoring the use of funds appropriated for reading/literacy coaches to ensure the funds are expended for their intended uses and are not redirected for other purposes. To implement this program, the department may receive funds appropriated for reading/literacy coaches, provided that this allocation does not exceed the actual costs of the department.

(l)   The department shall require any school district receiving funding to:

(i)   identify the name and qualifications of the supported reading/literacy coach and the school in which the coach is assigned; and

(ii)   account for the specific amounts and uses of such funds.

(m)   With the data reported by the school districts, the department annually shall report by January fifteenth on the hiring of and assignment of reading/literacy coaches by school in the fiscal year. The department also shall report the amount of funds designated for use in Summer Reading Camps.

(n)   Any unspent or unallocated funds may be carried forward to be used for the same purpose but may not be flexed and expended for Summer Reading Camps.

(3)   The reading coach must not be assigned a regular classroom teaching assignment, must not perform administrative functions that deter from the flow of improving reading instruction and reading performance of students and must not devote a significant portion of his or her time to administering or coordinating assessments. By August 1, 2014, the department must publish guidelines that define the minimum qualifications for a reading coach. Beginning in Fiscal Year 2014-2015, reading/literacy coaches are required to earn the add-on certification within six years, except as exempted in items (4) and (5), by completing the necessary courses or professional development as required by the department for the add-on. During the six-year period, to increase the number of qualified reading coaches, The Read to Succeed Office shall identify and secure courses and professional development opportunities to assist educators in becoming reading coaches and in earning the literacy add-on endorsement. In addition, the Read to Succeed Office will establish a process through which a district may be permitted to use state appropriations for reading coaches to obtain in-school services from department-approved consultants or vendors, in the event that the school is not successful in identifying and directly employing a qualified candidate. Districts must provide to the Read to Succeed Office information on the name and qualifications of reading coaches funded by the state appropriations. Reserved.

(4)   Beginning in Fiscal Year 2015-2016, early childhood and elementary education certified classroom teachers, reading interventionists, and those special education teachers who provide learning disability and speech services to students who need to substantially improve their low reading and writing proficiency skills, are required to earn the literacy teacher add-on endorsement within ten years of their most recent certification by taking at least two courses or six credit hours every five years, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, consistent with existing recertification requirements. Inservice hours earned through professional development for the literacy teacher endorsement must be used for renewal of teaching certificates in all subject areas. The courses and professional development leading to the endorsement must be approved by the State Board of Education and must include foundations, assessment, content area reading and writing, instructional strategies, and an embedded or stand-alone practicum. Whenever possible these courses shall be offered at a professional development rate which is lower than the certified teacher rate. Local school districts, working in collaboration with the department, shall offer the courses at no charge to educators. Early childhood and elementary education certified classroom teachers, reading specialists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their reading and writing proficiency and who already possess their add-on reading teacher certification can take a content area reading course to obtain their literacy teacher add-on endorsement. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive and prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts to the Office of Educator Licensure to determine if they have completed the coursework required for the literacy teacher add-on certificate.

(5)   Beginning in Fiscal Year 2015-2016, middle and secondary licensed classroom teachers are required to take at least one course or three credit hours, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, to improve reading instruction within five years of their most recent certification. The courses and professional development must be approved by the State Board of Education and include courses and professional development leading to the literacy teacher add-on endorsement. Coursework and professional development in reading must include a course in reading in the content areas. Whenever possible these courses will be offered at a professional development rate which is lower than the certified teacher rate. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive, prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts the to the Office of Educator Licensure to determine if they have completed the coursework or professional development required for the literacy teacher add-on certificate.

(6)   Beginning in Fiscal Year 2015-2016, principals and administrators who are responsible for reading instruction or intervention and school psychologists in a school district or school are required to take at least one course or three credit hours within five years of their most recent certification, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office. The course or professional development shall include information about reading process, instruction, assessment, or content area literacy and shall be approved by the Read to Succeed Office.

(7)   Teachers, administrators, and other certified faculty and staff are exempt from having to earn the literacy add-on endorsement to maintain certification only if they are not educating or serving students in a school or other educational setting. The literacy add-on endorsement must be earned before an individual who was previously exempt pursuant to this item returns to a position where they educate or otherwise serve students.

(8)   The Read to Succeed Office shall publish by August 1, 2014, the guidelines and procedures used in evaluating all courses and professional development, including virtual courses and professional development, leading to the literacy teacher add-on endorsement. Annually by January first, the Read to Succeed Office shall publish the approved courses and approved professional development leading to the literacy teacher add-on endorsement.

(9)   Beginning July 1, 2021, early childhood, elementary, and special education-licensed teacher candidates must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education. The objective of this item is to ensure teacher candidates understand the foundations of reading and are prepared to teach reading to all students.

(D)(1)   Beginning July 1, 2021, and annually thereafter, the Commission on Higher Education, in consultation with the Learning Disorders Task Force created by Section 59-33-550, shall conduct an analysis to determine the effectiveness of each teacher education program in preparing teachers to diagnose a child's reading problems and to provide small group and individual student interventions that are scientifically based and evidence-based. At a minimum, the analysis must evaluate each teacher education program as it relates to preparing teachers with knowledge and expertise in the six components of the reading process:

(a)   comprehension;

(b)   oral language;

(c)   phonological awareness;

(d)   phonics;

(e)   fluency; and

(f)   vocabulary.

(2)   The commission shall report its findings of its analysis conducted pursuant to item (1) and recommendations for improving teacher education programs to the department and to the General Assembly."     /
Amend the bill further by adding an appropriately numbered penultimate SECTION to read:
/   SECTION   __.   Chapter 155, Title 59 of the 1976 Code is amended by adding:

"Section 59-155-205.   (A)(1)   There is hereby created the South Carolina Reading Panel which must be supported and staffed by the department. The panel shall provide support and assistance to the department with implementation of this law.

(2)   The panel is composed of ten members appointed by the State Board of Education upon the recommendations of the State Superintendent of Education. The panel members must include individuals having the highest expertise on reading instruction, with three from public or private institutions of higher education nominated by the Commission on Higher Education and three who are responsible for their district reading plans or have exceptional reading expertise. At least three members of the panel must be classroom teachers.

(3)   Members of the panel serve terms of two years and may be appointed to successive terms. They may receive no compensation but may receive per diem and mileage as provided for boards and commissions. A vacancy in the panel must be filled in the manner of the original appointment.

(4)   The South Carolina Reading Panel shall:

(a)   review, select, and summarize for dissemination basic research on reading, reading growth, reading assessment, and reading instruction that will contribute to educators' research-based knowledge of reading, benefit students in this State, and impact policy and practices;

(b)   provide technical assistance to the department and written guidance to schools for improving reading instruction of students in prekindergarten through twelfth grade; and

(c)   review and comment, in writing, on the State Reading Plan and district and school reading plans."   /
Renumber sections to conform.
Amend title to conform.

Rep. FELDER explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HIOTT a temporary leave of absence.

Rep. FELDER continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

Rep. FELDER moved that the House recur to the morning hour, which was agreed to.

H. 4761--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:

H. 4761 (Word version) -- Reps. Lucas, Allison, Chellis, Clyburn, Trantham, Felder, Clary and Calhoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-155-155 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL APPROVE NO MORE THAN FIVE RELIABLE AND VALID EARLY LITERACY AND NUMERACY SCREENING ASSESSMENT INSTRUMENTS FOR SELECTION AND USE BY SCHOOL DISTRICTS FOR KINDERGARTEN THROUGH THIRD GRADE, AND TO PROVIDE REQUIREMENTS FOR SUCH INSTRUMENTS; TO AMEND SECTION 59-33-510, RELATING TO DEFINITIONS CONCERNING THE UNIVERSAL SCREENING PROCESSES USED IN PUBLIC SCHOOL DISTRICTS FOR STUDENTS EXPERIENCING ACADEMIC OR SOCIAL-EMOTIONAL DIFFICULTIES, SO AS TO PROVIDE ALL RELATED SCREENING TOOLS MUST BE CAPABLE OF IDENTIFYING STUDENTS WITH DYSLEXIA OR OTHER READING DISORDERS; TO AMEND SECTION 59-155-110, RELATING TO THE READ TO SUCCEED OFFICE, SO AS TO CORRECT A TYPOGRAPHICAL ERROR; TO AMEND SECTION 59-155-120, RELATING TO DEFINITIONS IN THE READ TO SUCCEED ACT, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-155-130, RELATING TO DUTIES OF THE READ TO SUCCEED OFFICE, SO AS TO REVISE THE REQUIREMENTS CONCERNING COURSEWORK NECESSARY FOR LITERACY ADD-ON ENDORSEMENTS AND TO REVISE REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT IN READING AND COACHING FOR CERTIFIED READING/LITERACY COACHES AND LITERACY TEACHERS; TO AMEND SECTION 59-155-140, RELATING TO THE STATE READING PROFICIENCY PROGRAM, SO AS TO REMOVE THE USE OF BOOK CLUBS FOR CERTAIN REQUIRED SUPPLEMENTAL INSTRUCTION; TO AMEND SECTION 59-155-150, RELATING TO THE READINESS ASSESSMENT PROVIDED BY THE READ TO SUCCEED ACT, SO AS TO REVISE THE REQUIREMENTS FOR SCREENING AND DIAGNOSTIC ASSESSMENTS AND INTERVENTIONS; TO AMEND SECTION 59-155-160, RELATING TO MANDATORY STUDENT RETENTION PROVISIONS OF THE READ TO SUCCEED ACT, SO AS TO REVISE CRITERIA FOR RETENTION AND EXEMPTIONS FROM RETENTION, TO ELIMINATE AN APPEALS PROCESS, AND TO REVISE CRITERIA FOR INTENSIVE INSTRUCTIONAL SERVICES AND SUPPORT PROVIDED TO RETAINED STUDENTS; AND TO AMEND SECTION 59-155-180, RELATING TO PROVISIONS CONCERNING TEACHER EDUCATION PROGRAMS IN THE READ TO SUCCEED ACT, SO AS TO REMOVE THE REQUIREMENT THAT READING/LITERACY COACHES BE EMPLOYED IN ALL ELEMENTARY SCHOOLS, TO REVISE REQUIREMENTS CONCERNING THE ROLES AND FUNCTIONS OF READING/LITERACY COACHES, TO PROVIDE MEASURES TO ENSURE TEACHER CANDIDATES UNDERSTAND THE FOUNDATIONS OF READING AND ARE PREPARED TO TEACH READING TO ALL STUDENTS, AND TO PROVIDE THE COMMISSION ON HIGHER EDUCATION AND THE LEARNING DISORDERS TASK FORCE ANNUALLY SHALL ASSESS THE EFFECTIVENESS OF TEACHER EDUCATION PROGRAMS IN PREPARING TEACHERS TO DIAGNOSE READING PROBLEMS IN STUDENTS AND PROVIDE APPROPRIATE INTERVENTIONS, AND TO PROVIDE THE COMMISSION SHALL REPORT FINDINGS OF THIS ASSESSMENT TO THE STATE DEPARTMENT OF EDUCATION AND TO THE GENERAL ASSEMBLY.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4761 (Word version) (COUNCIL\WAB\4761C001 .SM.WAB20), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:
/   SECTION   1.   Chapter 155, Title 59 of the 1976 Code is amended by adding:

"Section 59-155-155.   (A)(1)   The State Board of Education shall approve no more than five reliable and valid early literacy and numeracy screening assessment instruments, as defined in Section 59-33-510(7), for selection and use by school districts in kindergarten through third grade. The board shall use the same process as required by Section 59-18-310 to ensure that the instruments are valid and reliable assessments which provide diagnostic information in a timely manner.

(2)   An early literacy assessment instrument must:

(a)   provide screening and diagnostic capabilities for monitoring student progress in reading;

(b)   measure, at a minimum, phonological awareness, decoding and encoding, fluency, vocabulary, and comprehension; and

(c)   identify students who have a reading deficiency, including identifying students with characteristics of dyslexia.

(3)   An early numeracy assessment instrument must provide screening and diagnostic capabilities.

(4)   In determining which instruments to approve, the board shall consider, at a minimum, the following factors:

(a)   the time required to conduct the assessments, with the intention of minimizing the impact on instructional time;

(b)   the level of integration of assessment results with instructional support for teachers and students;

(c)   the timeliness in reporting assessment results to teachers, administrators, and parents; and

(d)   the level of integration of assessment results with instructional support for teachers and pupils.

(B)   A district shall administer one or more instruments pursuant to the universal screening process as defined in Section 59-33-510(7) in the first thirty days of the school year and repeat, if and only if, the student demonstrates literacy and numeracy deficiencies at midyear and at the end of the school year to determine student progression in reading and numeracy in kindergarten through third grade. The department shall reimburse districts for the cost of the instrument or instruments selected upon receipt of assessment data used in the progress monitoring system. All school districts must use one of the literacy and numeracy screening instrument or instruments selected by the board, provided no literacy or numeracy screening instrument or instruments must be used by school districts to determine whether a student will be promoted to the next grade level. Classroom teachers also must be provided support by the department in administering instruments and in understanding the results so that the teacher can provide the appropriate evidence-based intervention.

(C)   A school district may submit a waiver to the State Board of Education to use an alternative early literacy and numeracy screening assessment. The board shall promulgate regulations describing the criteria for granting a waiver, and must include specific requirements that any screeners allowed by the waiver process be able to identify students with dyslexia or other reading disorders. The additional screener must meet minimum technical, administration, and content criteria as determined by the department.

(D)(1)   The department shall:

(a)   implement an online reporting system to monitor the effectiveness of the early literacy or numeracy screening assessment instruments;

(b)   require school districts annually to submit data requested by the department which may be used to determine whether the assessment instruments accurately are identifying students in need; and

(c)   annually report data received pursuant to subitem (b) on a grade-level basis to the Speaker of the House, President of the Senate, and Governor.

(2)   The online reporting system provided in item (1) must:

(a)   track, screen, and monitor the reading and early numeracy progress of students in kindergarten through third grade toward third grade reading proficiency and mathematics proficiency at the state, district, and school levels;

(b)   create a consistent statewide reporting mechanism to identify students with a reading deficiency, including students with dyslexia; and

(c)   be used to receive the annual report required by Section 59-33-540.

(E)   For purposes of this section:

(1)   'Deficiency' means a normative score that places a student in the bottom twenty-fifth percentile on the assessment.

(2)   'Literacy' means ability to read and write.

(3)   'Numeracy' means fluency in understanding numbers and mathematical operations."   /
Amend the bill further, Section 59-33-510(7), as contained in SECTION 2, page 4, lines 34-35, by deleting /All screening tools must be able to identify students with dyslexia or other reading disorders. / and inserting /All screening tools, including those listed in Section 59-155-155, must be able to identify students with dyslexia or other reading disorders.   /
Amend the bill further by deleting SECTION 9 and inserting:
/   SECTION   9.   Section 59-155-180 of the 1976 Code is amended to read:

"Section 59-155-180.   (A)   As a student progresses through school, reading comprehension in content areas such as science, mathematics, social studies, English/language arts, career and technology education, and the arts is critical to the student's academic success. Therefore, to improve the academic success of all students in prekindergarten through grade twelve, the State shall strengthen its pre-service and in-service teacher education programs.

(B)(1)   Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs including MAT degree programs must require all candidates seeking certification at the early childhood or elementary level to complete a twelve credit hour sequence in literacy that includes a school-based practicum and ensures that candidates grasp the theory, research, and practices that support and guide the teaching of reading. The six components of the reading process that are comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary will provide the focus for this sequence to ensure that all teacher candidates are skilled in diagnosing a child's reading problems and are capable of providing an effective intervention. All teacher preparation programs must be approved for licensure by the State Department of Education to ensure that all teacher education candidates possess the knowledge and skills to assist effectively all children in becoming proficient readers. The General Assembly is not mandating an increase in the number of credit hours required for teacher candidates, but is requiring that pre-service teacher education programs prioritize their missions and resources so all early and elementary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students.

(2)   Beginning with students entering a teacher education program in the fall semester of the 2016-2017 School Year, all pre-service teacher education programs, including MAT degree programs, must require all candidates seeking certification at the middle or secondary level to complete a six credit hour sequence in literacy that includes a course in the foundations of literacy and a course in content-area reading. All middle and secondary teacher preparation programs must be approved by the department to ensure that all teacher candidates possess the necessary knowledge and skills to assist effectively all adolescents in becoming proficient readers. The General Assembly is not mandating an increase in the number of semester hours required for teacher candidates but rather is requiring that pre-service teacher education programs prioritize their mission and resources so all middle and secondary education teachers have the knowledge and skills to provide effective instruction in reading and numeracy to all students.

(C)(1)   To ensure that practicing professionals possess the knowledge and skills necessary to assist all children and adolescents in becoming proficient readers, multiple pathways are needed for developing this capacity.

(2)   A reading/literacy coach shall be employed in each elementary school. Reading coaches shall serve as job-embedded, stable resources for professional development throughout schools in order to generate improvement in reading and literacy instruction and student achievement. Reading coaches shall support and provide initial and ongoing professional development to teachers based on an analysis of student assessment and the provision of differentiated instruction and intensive intervention. The reading coach shall:

(a)   model effective instructional strategies for teachers by working weekly with students in whole, and small groups, or individually;

(b)   facilitate study groups;

(c)   train teachers in data analysis and using data to differentiate instruction;

(d)   coaching and mentoring colleagues;

(e)   work with teachers to ensure that research-based reading programs are implemented with fidelity;

(f)   work with all teachers (including content area and elective areas) at the school they serve, and help prioritize time for those teachers, activities, and roles that will have the greatest impact on student achievement, namely coaching and mentoring in the classrooms; and

(g)   help lead and support reading leadership teams.
Beginning with the 2021-2022 School Year, the department shall identify schools that have one-third or more of its third grade students scoring at the lowest achievement level on the statewide summative English/language arts assessment, and:

(a)   For each identified school, the department shall provide, at a minimum, support including the provision of reading/literacy coaches, professional learning, and curriculum resources based on the science of reading. The reading/literacy coaches provided to the schools must be hired and evaluated annually by the department, which may retain a portion of the funds appropriated in the annual general appropriations act for reading/literacy coaches to support these schools.

(b)   With the balance of funds appropriated to the department for reading/literacy coaches, the department shall allocate funds to school districts to support schools not identified in subitem (a) with reading instruction and interventions which may include, but not be limited to, hiring reading/literacy coaches or interventionists or providing professional development based on the science of reading. Expenditures must be included in the district reading plan approved by the department.

(c)   By accepting funds, a school district warrants that the funds will not be used to supplant existing school district revenues except for districts that either are currently, or in the prior fiscal year were, paying for reading/literacy coaches with local or federal funds. A district only may use these state funds to employ reading/literacy coaches in primary schools, elementary schools, or middle schools, or a combination of such schools, depending on the area of highest need in the district unless the district requests and receives a waiver from the department to expend the funds on interventionists who spend more than fifty percent of their time providing direct support to struggling readers in kindergarten through fifth grade. The school district shall align the placement of reading/literacy coaches to the district reading plan that is approved by the department.

(d)   Funds appropriated for reading/literacy coaches must be used to provide primary schools, elementary schools, middle schools, and any combination of such schools, with reading/literacy coaches who shall serve according to the provisions of this chapter.

(e)   A school or district that accepts funding to support a coaching position shall agree that the reading/literacy coach may not serve as an administrator or perform the duties of an administrator. If the department determines that school districts are using these funds for administrative costs, the department shall withhold that district's allocation of funds for reading/literacy coaches, interventionists, reading instructions or interventions, or professional development based on the science of reading.

(f)   Reading coaches shall support and provide initial and ongoing professional development to teachers in:

(i)   administration and analysis of screening, formative, diagnostic, and summative reading assessments to guide instruction;

(ii)   scientifically-based reading instruction, including phonological awareness, phonics, fluency, vocabulary, comprehension, and the state's English/language arts standards;

(iii)   explicit and systematic instruction with more detailed explanations, more extensive opportunities for guided practice, and more opportunities for error correction and feedback; and

(iv)   differentiated reading instruction and intensive intervention based on student needs.

(g)   The duties and responsibilities of a state-funded reading coach include:

(i)   collaboration with the principal to create a strategic plan for coaching;

(ii)   facilitation of schoolwide professional development and study groups;

(iii)   modeling effective reading instructional strategies for teachers;

(iv)   coaching and mentoring teachers on a daily basis;

(v)   facilitation of data analysis discussions and support for teachers by using data to differentiate instruction according to student need; and

(vi)   working with all teachers, including Exceptional Student Education (ESE), content area, and elective areas, prioritizing their time to those teachers, activities, and roles that will have the greatest impact on student reading achievement, namely coaching and mentoring in classrooms.

(h)   State-funded reading/literacy coaches must have the following minimum qualifications, provided the State Board of Education may promulgate regulations defining additional qualifications:

(i)   a bachelor's degree and an add-on endorsement for a literacy coach or a literacy specialist and advanced coursework or professional development in reading;

(ii)   three years of experience as a successful classroom literacy teacher; and

(iii)   demonstrated knowledge of scientifically-based reading research, special expertise in quality reading instruction and intervention, and data analysis;

(i)     The Read to Succeed Office shall identify and secure courses and professional development opportunities to assist educators in becoming reading coaches and in earning the literacy add-on endorsement.

(j)   For schools that have one-third or more of its third grade students scoring above the lowest achievement level on the statewide summative English/language arts assessment, the department shall assist the districts in identifying a reading/literacy coach in the event that the school is not successful in identifying and directly employing a qualified candidate.

(k)   The department shall develop procedures for monitoring the use of funds appropriated for reading/literacy coaches to ensure the funds are expended for their intended uses and are not redirected for other purposes. To implement this program, the department may receive funds appropriated for reading/literacy coaches, provided that this allocation does not exceed the actual costs of the department.

(l)   The department shall require any school district receiving funding to:

(i)   identify the name and qualifications of the supported reading/literacy coach and the school in which the coach is assigned; and

(ii)   account for the specific amounts and uses of such funds.

(m)   With the data reported by the school districts, the department annually shall report by January fifteenth on the hiring of and assignment of reading/literacy coaches by school in the fiscal year. The department also shall report the amount of funds designated for use in Summer Reading Camps.

(n)   Any unspent or unallocated funds may be carried forward to be used for the same purpose but may not be flexed and expended for Summer Reading Camps.

(3)   The reading coach must not be assigned a regular classroom teaching assignment, must not perform administrative functions that deter from the flow of improving reading instruction and reading performance of students and must not devote a significant portion of his or her time to administering or coordinating assessments. By August 1, 2014, the department must publish guidelines that define the minimum qualifications for a reading coach. Beginning in Fiscal Year 2014-2015, reading/literacy coaches are required to earn the add-on certification within six years, except as exempted in items (4) and (5), by completing the necessary courses or professional development as required by the department for the add-on. During the six-year period, to increase the number of qualified reading coaches, The Read to Succeed Office shall identify and secure courses and professional development opportunities to assist educators in becoming reading coaches and in earning the literacy add-on endorsement. In addition, the Read to Succeed Office will establish a process through which a district may be permitted to use state appropriations for reading coaches to obtain in-school services from department-approved consultants or vendors, in the event that the school is not successful in identifying and directly employing a qualified candidate. Districts must provide to the Read to Succeed Office information on the name and qualifications of reading coaches funded by the state appropriations. Reserved.

(4)   Beginning in Fiscal Year 2015-2016, early childhood and elementary education certified classroom teachers, reading interventionists, and those special education teachers who provide learning disability and speech services to students who need to substantially improve their low reading and writing proficiency skills, are required to earn the literacy teacher add-on endorsement within ten years of their most recent certification by taking at least two courses or six credit hours every five years, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, consistent with existing recertification requirements. Inservice hours earned through professional development for the literacy teacher endorsement must be used for renewal of teaching certificates in all subject areas. The courses and professional development leading to the endorsement must be approved by the State Board of Education and must include foundations, assessment, content area reading and writing, instructional strategies, and an embedded or stand-alone practicum. Whenever possible these courses shall be offered at a professional development rate which is lower than the certified teacher rate. Local school districts, working in collaboration with the department, shall offer the courses at no charge to educators. Early childhood and elementary education certified classroom teachers, reading specialists, and special education teachers who provide learning disability and speech services to students who need to improve substantially their reading and writing proficiency and who already possess their add-on reading teacher certification can take a content area reading course to obtain their literacy teacher add-on endorsement. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive and prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts to the Office of Educator Licensure to determine if they have completed the coursework required for the literacy teacher add-on certificate.

(5)   Beginning in Fiscal Year 2015-2016, middle and secondary licensed classroom teachers are required to take at least one course or three credit hours, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office, to improve reading instruction within five years of their most recent certification. The courses and professional development must be approved by the State Board of Education and include courses and professional development leading to the literacy teacher add-on endorsement. Coursework and professional development in reading must include a course in reading in the content areas. Whenever possible these courses will be offered at a professional development rate which is lower than the certified teacher rate. Individuals who possess a literacy teacher add-on endorsement or who have earned a master's or doctorate degree in reading are exempt from this requirement. Individuals who have completed an intensive, prolonged professional development program like Reading Recovery, Project Read, the South Carolina Reading Initiative, or another similar program should submit their transcripts the to the Office of Educator Licensure to determine if they have completed the coursework or professional development required for the literacy teacher add-on certificate.

(6)   Beginning in Fiscal Year 2015-2016, principals and administrators who are responsible for reading instruction or intervention and school psychologists in a school district or school are required to take at least one course or three credit hours within five years of their most recent certification, or the equivalent professional development hours as determined by the South Carolina Read to Succeed Office. The course or professional development shall include information about reading process, instruction, assessment, or content area literacy and shall be approved by the Read to Succeed Office.

(7)   Teachers, administrators, and other certified faculty and staff are exempt from having to earn the literacy add-on endorsement to maintain certification only if they are not educating or serving students in a school or other educational setting. The literacy add-on endorsement must be earned before an individual who was previously exempt pursuant to this item returns to a position where they educate or otherwise serve students.

(8)   The Read to Succeed Office shall publish by August 1, 2014, the guidelines and procedures used in evaluating all courses and professional development, including virtual courses and professional development, leading to the literacy teacher add-on endorsement. Annually by January first, the Read to Succeed Office shall publish the approved courses and approved professional development leading to the literacy teacher add-on endorsement.

(9)   Beginning July 1, 2021, early childhood, elementary, and special education-licensed teacher candidates must earn a passing score on a rigorous test of scientifically research-based reading instruction and intervention and data-based decision-making principles as approved by the State Board of Education. The objective of this item is to ensure teacher candidates understand the foundations of reading and are prepared to teach reading to all students.

(D)(1)   Beginning July 1, 2021, and annually thereafter, the Commission on Higher Education, in consultation with the Learning Disorders Task Force created by Section 59-33-550, shall conduct an analysis to determine the effectiveness of each teacher education program in preparing teachers to diagnose a child's reading problems and to provide small group and individual student interventions that are scientifically based and evidence-based. At a minimum, the analysis must evaluate each teacher education program as it relates to preparing teachers with knowledge and expertise in the six components of the reading process:

(a)   comprehension;

(b)   oral language;

(c)   phonological awareness;

(d)   phonics;

(e)   fluency; and

(f)   vocabulary.

(2)   The commission shall report its findings of its analysis conducted pursuant to item (1) and recommendations for improving teacher education programs to the department and to the General Assembly."     /
Amend the bill further by adding an appropriately numbered penultimate SECTION to read:
/   SECTION   __.   Chapter 155, Title 59 of the 1976 Code is amended by adding:

"Section 59-155-205.   (A)(1)   There is hereby created the South Carolina Reading Panel which must be supported and staffed by the department. The panel shall provide support and assistance to the department with implementation of this law.

(2)   The panel is composed of ten members appointed by the State Board of Education upon the recommendations of the State Superintendent of Education. The panel members must include individuals having the highest expertise on reading instruction, with three from public or private institutions of higher education nominated by the Commission on Higher Education and three who are responsible for their district reading plans or have exceptional reading expertise. At least three members of the panel must be classroom teachers.

(3)   Members of the panel serve terms of two years and may be appointed to successive terms. They may receive no compensation but may receive per diem and mileage as provided for boards and commissions. A vacancy in the panel must be filled in the manner of the original appointment.

(4)   The South Carolina Reading Panel shall:

(a)   review, select, and summarize for dissemination basic research on reading, reading growth, reading assessment, and reading instruction that will contribute to educators' research-based knowledge of reading, benefit students in this State, and impact policy and practices;

(b)   provide technical assistance to the department and written guidance to schools for improving reading instruction of students in prekindergarten through twelfth grade; and

(c)   review and comment, in writing, on the State Reading Plan and district and school reading plans."   /
Renumber sections to conform.
Amend title to conform.

Rep. FELDER spoke in favor of the amendment.
The amendment was then adopted.

Rep. FELDER explained the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 111; Nays 0

Those who voted in the affirmative are:

Alexander                Allison                  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                   Gilliam                  Gilliard
Govan                    Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Henegan                  Hewitt                   Hixon
Hosey                    Howard                   Huggins
Hyde                     Jefferson                Johnson
Jones                    Jordan                   Kimmons
King                     Kirby                    Ligon
Long                     Lowe                     Lucas
Magnuson                 Martin                   Matthews
McCoy                    McCravy                  McDaniel
McGinnis                 Moore                    D. C. Moss
V. S. Moss               Murphy                   B. Newton
W. Newton                Norrell                  Oremus
Ott                      Parks                    Pope
Ridgeway                 Rivers                   Robinson
Rose                     Rutherford               Sandifer
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Tallon                   Taylor                   Thayer
Thigpen                  Toole                    Trantham
Weeks                    West                     White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--111

Those who voted in the negative are:

Total--0

So, the Bill, as amended, was read the second time and ordered to third reading.

H. 4758--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4758 (Word version) -- Reps. Lucas, Allison, Clyburn, Trantham and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE EDUCATOR PREPARATION PROGRAMS WITHIN INSTITUTIONS OF HIGHER EDUCATION MAY SUBMIT SEPARATE AND DISTINCT EDUCATOR PREPARATION PROGRAMS FOR ALTERNATIVE PREPARATION TO THE STATE BOARD OF EDUCATION FOR APPROVAL, TO PROVIDE THESE PROGRAMS ARE NOT REQUIRED TO BE NATIONALLY ACCREDITED BUT MUST MEET CERTAIN OTHER REQUIREMENTS, AND TO PROVIDE THE STATE DEPARTMENT OF EDUCATION ANNUALLY SHALL REPORT RELATED DATA TO THE STATE BOARD OF EDUCATION AND THE GENERAL ASSEMBLY; AND BY ADDING SECTION 59-26-120 SO AS TO PROVIDE THE DEPARTMENT SHALL PROVIDE CERTAIN EDUCATOR PREPARATION PROGRAMS WITH CERTAIN INFORMATION REGARDING GRADUATES OF THOSE PROGRAMS, TO PROVIDE EDUCATOR PREPARATION PROGRAMS MAY NOT SHARE IDENTIFIABLE EDUCATOR DATA WITH THIRD PARTIES WITHOUT WRITTEN CONSENT, AND TO PROVIDE THIS INFORMATION IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT.

The Committee on Education and Public Works proposed the following Amendment No. 1 to H. 4758 (Word version) (COUNCIL\WAB\4758C001. SM.WAB20), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/   SECTION   1.   Article 1, Chapter 25, Title 59 of the 1976 Code is amended by adding:

"Section 59-25-25.   (A)   Educator preparation programs housed within an institution of higher education (IHE) may submit a separate and distinct educator preparation program for alternative preparation to the State Board of Education for approval. These alternative preparation programs are not required to be nationally accredited, but consistent with other alternative preparation programs, IHE-led alternative programs must include, but are not limited to, documented evidence of the following:

(1)   budget and sources of revenue including fees paid by the candidates;

(2)   organizational information including the names and qualifications of administrators, support staff, and faculty;

(3)   entry requirements for candidates for each certification area program offered by the applicant;

(4)   plans for curriculum offerings including delivery method and timeframe, field placements, field supervision plans, and assessments of success;

(5)   partnerships with public schools for clinical experiences, if applicable, including signed memoranda of agreement with detailed responsibilities for the alternative route educator provider program and the school district;

(6)   evidence of annual successful teaching experience by the candidates and progress toward obtaining a professional certificate;

(7)   ongoing monitoring of candidates' performances in the classroom while in the alternative route program; and

(8)   mentoring provided by the educator preparation program.

(B)   The board shall cyclically review each alternative educator preparation program approved pursuant to subsection (A). The board may revoke its approval of such a program.

(C)   The board shall promulgate regulations concerning the granting of approval, cyclical review, and revocation of approval for alternative educator preparation programs provided in this section.

(D)   The department annually shall report the total number of individuals employed in this State, by district, with certificates issued by IHE alternative programs to the State Board of Education and the General Assembly before March thirty-first of each year."   /
Renumber sections to conform.
Amend title to conform.

Rep. TAYLOR explained the amendment.
The amendment was then adopted.
Rep. TAYLOR explained the Bill.

The question recurred to the passage of the Bill.

The yeas and nays were taken resulting as follows:

Yeas 108; Nays 1

Those who voted in the affirmative are:

Alexander                Allison                  Atkinson
Bailey                   Bales                    Ballentine
Bannister                Bennett                  Bernstein
Blackwell                Bradley                  Brawley
Brown                    Bryant                   Burns
Calhoon                  Caskey                   Chellis
Clary                    Clemmons                 Clyburn
Cogswell                 Collins                  B. Cox
W. Cox                   Crawford                 Daning
Davis                    Dillard                  Elliott
Erickson                 Felder                   Finlay
Forrest                  Forrester                Fry
Funderburk               Gagnon                   Gilliam
Gilliard                 Govan                    Haddon
Hardee                   Hart                     Hayes
Henderson-Myers          Henegan                  Hewitt
Hixon                    Hosey                    Howard
Huggins                  Hyde                     Jefferson
Johnson                  Jones                    Jordan
Kimmons                  King                     Kirby
Ligon                    Long                     Lowe
Lucas                    Magnuson                 Martin
Matthews                 McCoy                    McCravy
McDaniel                 McGinnis                 Moore
D. C. Moss               V. S. Moss               B. Newton
W. Newton                Norrell                  Oremus
Ott                      Parks                    Pope
Ridgeway                 Rivers                   Robinson
Rose                     Rutherford               Sandifer
Simrill                  G. M. Smith              G. R. Smith
Sottile                  Spires                   Stavrinakis
Tallon                   Taylor                   Thayer
Thigpen                  Toole                    Trantham
Weeks                    West                     White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   Yow

Total--108

Those who voted in the negative are:

Hill                                              

Total--1

So, the Bill, as amended, was read the second time and ordered to third reading.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ERICKSON a temporary leave of absence.

H. 4765--ORDERED TO THIRD READING

The following Bill was taken up:

H. 4765 (Word version) -- Reps. Brawley, King, McKnight, Pendarvis, Cobb-Hunter, Trantham, Alexander, Brown, Thigpen, Henegan, McDaniel, Collins, Kimmons, Bernstein, Gilliard, Henderson-Myers, S. Williams, Rivers, R. Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-785 SO AS TO PROVIDE PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS MAY NOT USE DEBT COLLECTION AGENCIES TO COLLECT OR ATTEMPT TO COLLECT OUTSTANDING DEBTS ON STUDENT SCHOOL LUNCH OR BREAKFAST ACCOUNTS, TO PROVIDE PUBLIC SCHOOLS AND PUBLIC SCHOOL DISTRICTS MAY NOT ASSESS OR COLLECT ANY INTEREST, FEES, OR OTHER SUCH MONETARY PENALTIES FOR OUTSTANDING DEBTS FOR STUDENT SCHOOL LUNCH OR BREAKFAST ACCOUNTS, AND TO PROVIDE THE PROVISIONS OF THIS ACT APPLY TO DEBTS ON STUDENT LUNCH AND BREAKFAST ACCOUNTS OUTSTANDING ON THE EFFECTIVE DATE OF THIS ACT AND INCURRED AFTER THE EFFECTIVE DATE OF THIS ACT.

Rep. FELDER explained the Bill.
The yeas and nays were taken resulting as follows:

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison                  Atkinson                 Bailey
Bales                    Ballentine               Bannister
Bennett                  Blackwell                Bradley
Brawley                  Brown                    Bryant
Burns                    Calhoon                  Caskey
Chellis                  Chumley                  Clary
Clemmons                 Clyburn                  Cogswell
Collins                  B. Cox                   W. Cox
Crawford                 Daning                   Davis
Dillard                  Elliott                  Felder
Finlay                   Forrest                  Forrester
Fry                      Funderburk               Gagnon
Gilliam                  Gilliard                 Haddon
Hardee                   Hart                     Hayes
Henderson-Myers          Hewitt                   Hill
Hiott                    Hixon                    Hosey
Howard                   Huggins                  Hyde
Jefferson                Johnson                  Jones
Jordan                   Kimmons                  King
Kirby                    Ligon                    Long
Lowe                     Lucas                    Mack
Magnuson                 Martin                   Matthews
McCravy                  McDaniel                 McGinnis
D. C. Moss               V. S. Moss               Murphy
B. Newton                Norrell                  Oremus
Parks                    Pope                     Ridgeway
Rivers                   Robinson                 Rose
Rutherford               Sandifer                 Simrill
G. M. Smith              G. R. Smith              Sottile
Spires                   Stavrinakis              Tallon
Taylor                   Thayer                   Thigpen
Toole                    Trantham                 Weeks
West                     White                    Whitmire
R. Williams              S. Williams              Willis
Wooten                   Yow                      

Total--104

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

SPEAKER PRO TEMPORE IN CHAIR

H. 4214--DEBATE ADJOURNED

The following Bill was taken up:

H. 4214 (Word version) -- Reps. Rose, B. Cox, Ballentine, Erickson, Jefferson and R. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MEDICAL CARE FOR CHILDREN WITH AUTISM ACT"; TO AMEND SECTION 44-20-30, RELATING TO TERMS DEFINED IN THE "SOUTH CAROLINA INTELLECTUAL DISABILITY, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES ACT", SO AS TO DEFINE "AUTISM SPECTRUM DISORDER"; AND TO AMEND SECTION 38-71-280, RELATING TO HEALTH INSURANCE COVERAGE FOR AUTISM SPECTRUM DISORDER, SO AS TO MAKE CONFORMING CHANGES AND REMOVE THE AGE REQUIREMENT.

Rep. WEST moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4355--DEBATE ADJOURNED

The following Bill was taken up:

H. 4355 (Word version) -- Reps. Fry, Yow, Hewitt, Bailey, Wooten, Erickson, Pendarvis, Weeks, Dillard, B. Newton, Clemmons, McGinnis, Jefferson and R. Williams: A BILL TO AMEND SECTION 44-53-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO AUTHORIZE PHARMACISTS AND NURSES TO ADMINISTER OR DISPENSE METHADONE OR OTHER OPIOID AGONIST TREATMENT MEDICATIONS IN CERTAIN CIRCUMSTANCES.

Rep. FRY moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4663--DEBATE ADJOURNED

The following Bill was taken up:

H. 4663 (Word version) -- Reps. Finlay and Wheeler: A BILL TO AMEND SECTION 40-43-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTOCOL FOR PHARMACISTS TO ADMINISTER INFLUENZA VACCINES WITHOUT THE ORDER OF A PRACTITIONER, SO AS TO PROVIDE PHARMACISTS MAY ADMINISTER INFLUENZA VACCINES TO PERSONS OF ANY AGE WITHOUT THE ORDER OF A PRACTITIONER PURSUANT TO PROTOCOL ISSUED BY THE BOARD OF MEDICAL EXAMINERS.

Rep. FINLAY moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4669--DEBATE ADJOURNED

The following Bill was taken up:

H. 4669 (Word version) -- Reps. King, Henegan, McDaniel and S. Williams: A BILL TO AMEND SECTION 44-63-74, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY ELECTRONIC FILING OF DEATH CERTIFICATES WITH THE BUREAU OF VITAL STATISTICS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO ELIMINATE EXEMPTIONS FOR PHYSICIANS WHO CERTIFY FEWER THAN TWELVE DEATHS ANNUALLY.

Rep. KING moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4711--DEBATE ADJOURNED

The following Bill was taken up:

H. 4711 (Word version) -- Reps. Fry, Hewitt, Pendarvis, Oremus, McKnight, Huggins, Wooten, Bennett, Bales, McCravy, Ridgeway, Mack, Bailey, Johnson, Elliott, Dillard, Trantham, G. R. Smith, B. Newton, Mace, Hosey, Anderson, Taylor, Ligon and Erickson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-361 SO AS TO REQUIRE PRESCRIBERS TO OFFER A PRESCRIPTION FOR NALOXONE TO A PATIENT UNDER CERTAIN CIRCUMSTANCES AND FOR OTHER PURPOSES.

Rep. FRY moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4713--DEBATE ADJOURNED

The following Bill was taken up:

H. 4713 (Word version) -- Reps. Gilliard and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-47-39 AND 44-7-266 SO AS TO REQUIRE OFFICE-BASED PRACTICES AND HEALTH CARE FACILITIES TO CONDUCT AN ANNUAL RISK ASSESSMENT TO IDENTIFY POTENTIAL THREATS TO THE HEALTH AND SAFETY OF PATIENTS, STAFF, AND VISITORS, AND TO IMPLEMENT PLANS TO PROVIDE APPROPRIATE SECURITY.

Rep. GILLIARD moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4724--DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 4724 (Word version) -- Reps. Gilliard, Clyburn, Hosey, Jefferson and R. Williams: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY VETERAN HOMELESSNESS, UNEMPLOYMENT, JOB PLACEMENT, INCIDENCE OF POST-TRAUMATIC STRESS DISORDER, ACCESS TO BASIC HUMAN SERVICES, AND OTHER ISSUES AFFECTING SOUTH CAROLINA VETERANS AND TO PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, COMMITTEE MEETINGS, AND STAFFING.

Rep. GILLIARD moved to adjourn debate on the Joint Resolution until Thursday, February 27, which was agreed to.

H. 4938--DEBATE ADJOURNED

The following Bill was taken up:

H. 4938 (Word version) -- Rep. Ridgeway: A BILL TO AMEND SECTION 44-53-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO ELECTRONIC PRESCRIPTIONS, SO AS TO ADD CERTAIN EXCEPTIONS TO ELECTRONIC PRESCRIBING REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS.

Rep. RIDGEWAY moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

H. 4776--DEBATE ADJOURNED

The following Bill was taken up:

H. 4776 (Word version) -- Reps. Tallon, Allison, Hyde, Taylor, Brawley, McCravy and Toole: A BILL TO AMEND SECTION 58-3-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON FORMER PUBLIC SERVICE COMMISSION MEMBERS BEING EMPLOYED BY PUBLIC UTILITIES, SO AS TO INCREASE THE RESTRICTION PERIOD FROM ONE YEAR TO THREE YEARS.

Rep. TALLON moved to adjourn debate on the Bill until Thursday, February 27, which was agreed to.

S. 919--ORDERED TO THIRD READING

The following Bill was taken up:

S. 919 (Word version) -- Senator M. B. Matthews: A BILL TO AMEND SECTION 7-7-110 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, TO ADD THE NEW RIVER, PALMETTO BLUFF, AND SANDY POINTE VOTING PRECINCTS, TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE, AND TO CORRECT AN OUTDATED REFERENCE TO THE FORMER OFFICE OF RESEARCH AND STATISTICS.

The yeas and nays were taken resulting as follows:

Yeas 63; Nays 0

Those who voted in the affirmative are:

Bailey                   Bales                    Blackwell
Bradley                  Brown                    Burns
Caskey                   Chumley                  Clary
Clyburn                  Collins                  B. Cox
Elliott                  Erickson                 Forrest
Forrester                Fry                      Funderburk
Gagnon                   Haddon                   Hardee
Hart                     Hayes                    Henderson-Myers
Hewitt                   Hixon                    Hyde
Jefferson                Johnson                  Jones
Jordan                   King                     Kirby
Ligon                    Long                     Mack
Magnuson                 Martin                   McCoy
McCravy                  McDaniel                 McGinnis
Moore                    V. S. Moss               Murphy
B. Newton                W. Newton                Pope
Ridgeway                 Rivers                   Rose
Rutherford               G. M. Smith              Sottile
Spires                   Stavrinakis              Thayer
Toole                    Weeks                    Whitmire
S. Williams              Willis                   Wooten

Total--63

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

S. 1003--ORDERED TO THIRD READING

The following Bill was taken up:

S. 100 (Word version)3 -- Senator Verdin: A BILL TO AMEND SECTION 7-7-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO ELIMINATE THE BREWERTON AND PRINCETON VOTING PRECINCTS, TO ESTABLISH THE BREWERTON-PRINCETON VOTING PRECINCT, AND TO UPDATE THE MAP NUMBER ON WHICH THE NAMES AND BOUNDARIES OF THE LAURENS COUNTY VOTING PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

The yeas and nays were taken resulting as follows:

Yeas 68; Nays 0

Those who voted in the affirmative are:

Bailey                   Bales                    Bannister
Blackwell                Bradley                  Brown
Burns                    Caskey                   Chumley
Clary                    Clyburn                  Cogswell
Collins                  B. Cox                   Elliott
Finlay                   Forrester                Fry
Funderburk               Gagnon                   Gilliam
Gilliard                 Haddon                   Hardee
Hart                     Henderson-Myers          Hewitt
Hixon                    Hosey                    Hyde
Johnson                  Jones                    Jordan
Kirby                    Long                     Lowe
Mack                     Magnuson                 Martin
McCoy                    McCravy                  McGinnis
Moore                    V. S. Moss               Murphy
B. Newton                W. Newton                Pope
Ridgeway                 Rivers                   Robinson
Rose                     Sandifer                 G. R. Smith
Spires                   Stavrinakis              Tallon
Thayer                   Thigpen                  Toole
Weeks                    West                     White
Whitmire                 R. Williams              S. Williams
Willis                   Wooten                   

Total--68

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

S. 920--ORDERED TO THIRD READING

The following Bill was taken up:

S. 920 (Word version) -- Senator M. B. Matthews: A BILL TO AMEND SECTION 7-7-330 OF THE 1976 CODE, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, TO ADD TWO PRECINCTS AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE REVENUE AND FISCAL AFFAIRS OFFICE.

The yeas and nays were taken resulting as follows:

Yeas 64; Nays 0

Those who voted in the affirmative are:

Bailey                   Bales                    Bannister
Blackwell                Bradley                  Brown
Burns                    Caskey                   Chumley
Clary                    Clyburn                  Cogswell
Collins                  B. Cox                   Elliott
Finlay                   Forrest                  Forrester
Fry                      Gagnon                   Gilliam
Haddon                   Hart                     Henderson-Myers
Hewitt                   Hixon                    Hosey
Hyde                     Jefferson                Jones
Jordan                   King                     Kirby
Ligon                    Long                     Lowe
Mack                     Magnuson                 McCoy
McCravy                  McGinnis                 Moore
V. S. Moss               B. Newton                W. Newton
Pope                     Rivers                   Rose
Rutherford               Sandifer                 G. M. Smith
Spires                   Stavrinakis              Tallon
Thayer                   Thigpen                  Toole
Weeks                    West                     White
Whitmire                 R. Williams              S. Williams
Willis                                            

Total--64

Those who voted in the negative are:

Total--0

So, the Bill was read the second time and ordered to third reading.

Rep. B. NEWTON moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5269 (Word version) -- Reps. Henegan, 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, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Herbkersman, Hewitt, Hill, Hiott, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, 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 and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND CELEBRATE THE 108TH ANNIVERSARY OF GIRL SCOUTS OF THE UNITED STATES OF AMERICA AND TO HONOR GIRL SCOUTS OF EASTERN SOUTH CAROLINA, GIRL SCOUTS OF SOUTH CAROLINA, MOUNTAINS TO MIDLANDS, AND THE GIRL SCOUT MOVEMENT FOR PROVIDING GIRLS WITH A SAFE, INCLUSIVE, ALL-GIRL SPACE TO ENHANCE THEIR SKILLS AND DEVELOP LEADERSHIP ABILITIES BY DECLARING THE WEEK OF MARCH 10, 2020, TO BE "GIRL SCOUTS' WEEK".

H. 5222 (Word version) -- Reps. Hiott, 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, Haddon, Hardee, Hart, Hayes, Henderson-Myers, Henegan, Herbkersman, Hewitt, Hill, Hixon, Hosey, Howard, Huggins, Hyde, Jefferson, Johnson, Jones, Jordan, Kimmons, King, Kirby, Ligon, Long, Lowe, Lucas, Mace, Mack, Magnuson, Martin, Matthews, McCoy, McCravy, McDaniel, McGinnis, McKnight, Moore, Morgan, D. C. Moss, V. S. Moss, Murphy, B. Newton, W. Newton, Norrell, Oremus, Ott, Parks, Pendarvis, Pope, Ridgeway, Rivers, Robinson, Rose, Rutherford, Sandifer, 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 and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND SOUTH CAROLINA'S FFA MEMBERS, FORMERLY KNOWN AS THE FUTURE FARMERS OF AMERICA, AND ALL WHO SUPPORT, PROMOTE, AND ENCOURAGE THESE OUTSTANDING STUDENTS OF AGRICULTURAL EDUCATION AND TO JOIN THEM IN OBSERVANCE OF NATIONAL FFA WEEK, FEBRUARY 22-29, 2020.

ADJOURNMENT

At 12:12 p.m. the House, in accordance with the motion of Rep. WEEKS, adjourned in memory of Corporal Andrew Gillittee, to meet at 10:00 a.m. tomorrow.

***

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