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

NO. 27

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2020

_________

THURSDAY, FEBRUARY 27, 2020

Thursday, February 27, 2020
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Acting Chaplain, Senator ALEXANDER, as follows:

Psalm 29:11

"The Lord gives strength to his people; the Lord blesses his people with peace."

Let us Pray. Gracious and loving God, You know all about us and yet you offer us forgiveness. You know our needs and You grant us Your strength.

You know the challenges we face at home and at work and You assure us of Your intervening help. You know the secret hurt we carry and assure us of Your love and your plan for healing and the peace of placing worries in Your hands.

Lord this legislative body will face big decisions for our state in the upcoming weeks. Remind us that if we seek Your guidance You will show us the way. Give us a renewed vision of the high calling that You have placed before us.

May we attempt great things for You and that all who serve here will receive Your power and Your blessing in what is accomplished, as we ask for and seek your guidance.

In Your holy name we pray. Amen

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Point of Quorum

At 11:03 A.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

RECESS

At 11:04 A.M., on motion of Senator SETZLER, the Senate receded from business not to exceed 10 minutes.

At 11:14 A.M., the Senate resumed.

Call of the Senate

Senator MASSEY moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Allen                     Cash
Climer                    Corbin                    Cromer
Davis                     Fanning                   Goldfinch
Grooms                    Hembree                   Leatherman
Loftis                    Martin                    Massey
Matthews, Margie          Nicholson                 Peeler
Reese                     Rice                      Scott
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Turner
Williams                  Young

A quorum being present, the Senate resumed.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Henry Dargan McMaster:

Statewide Appointments

Reappointment, South Carolina State Ethics Commission, with the term to commence April 1, 2020, and to expire April 1, 2025
At-Large - Gubernatorial:
Brandolyn T. Pinkston, 5 Woodlands Ridge Court, Columbia, SC 29229-3391

Referred to the Committee on Judiciary.

Reappointment, South Carolina State Ethics Commission, with the term to commence April 1, 2020, and to expire April 1, 2025
At-Large - Gubernatorial:
Ashleigh R. Wilson, 6227 N. Trenholm Rd, Columbia, SC 29206

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2020, and to expire June 30, 2022
Chairman:
Thomas Scott Beck, 422 Gold Nugget Point, Prosperity, SC 29127

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2020, and to expire June 30, 2026
At-Large :
Thomas Scott Beck, 422 Gold Nugget Point, Prosperity, SC 29127

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2020, and to expire June 30, 2026
At-Large :
Aisha K. Taylor, 156 Seaton Ridge Dr., Blythewood, SC 29016

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2020, and to expire June 30, 2026
At-Large :
Avery B. Wilkerson, 329 Tamwood Circle, Cayce, SC 29033-1907

Referred to the Committee on Judiciary.

Local Appointment

Initial Appointment, Greenwood County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Cheryl Dennis Warren, 1617 Westbrook Dr., Apt. H2, Greenwood, SC 29649-8977 VICE Bartholomew S. McGuire

REGULATION WITHDRAWN AND RESUBMITTED

Document No. 4904
Agency: Office of the Attorney General
Chapter: 13
Statutory Authority: 1976 Code Sections 35-1-101 et seq.
SUBJECT: Procedures for Administrative Hearings before the Securities Commissioner
Received by Lieutenant Governor January 14, 2020
Referred to Committee on Judiciary
Legislative Review Expiration May 13, 2020
Withdrawn and Resubmitted February 27, 2020

Doctor of the Day

Senator GOLDFINCH introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.

Leave of Absence

At 11:15 A.M., Senator CROMER requested a leave of absence for Senator CAMPSEN for the day.

Leave of Absence

At 1:08 P.M., Senator JACKSON requested a leave of absence for Senator KIMPSON for the balance of the day.

Leave of Absence

At 1:08 P.M., Senator MASSEY requested a leave of absence for Senator MARTIN for the balance of the day.

Leave of Absence

At 1:08 P.M., Senator CLIMER requested a leave of absence for Senator VERDIN for the balance of the day.

Leave of Absence

At 1:08 P.M., Senator McLEOD requested a leave of absence for Senator M.B. MATTHEWS for the balance of the day.

Expression of Personal Interest

Senator NICHOLSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator CROMER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SHEALY rose for an Expression of Personal Interest.

Remarks to be Printed

On motion of Senator LEATHERMAN, with unanimous consent, the remarks of Senator SHEALY, when reduced to writing and made available to the Desk, would be printed in the Journal.

Expression of Personal Interest

Senator M.B. MATTHEWS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator FANNING rose for an Expression of Personal Interest.

S.1099 (Word version)       Sen. Reese
S.1088 (Word version)       Sen. Shealy
S.123 (Word version)       Sen. McLeod
S.389 (Word version)       Sen. Davis
S.900 (Word version)       Sen. Harpootlian
S.1042 (Word version)       Sen. Harpootlian

RECALLED

H. 4109 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF TILLMAN AVENUE IN THE TOWN OF VARNVILLE FROM ITS INTERSECTION WITH WEST PINE STREET TO ITS INTERSECTION WITH HAMPTON ROAD "H. J. BROOKS AVENUE" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY CONTAINING THESE WORDS.

Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration.

There was no objection.

RECALLED

H. 4762 (Word version) -- Rep. S. Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS ALONG THE PORTION OF SOUTH CAROLINA HIGHWAY 63 IN HAMPTON COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 278 TO ITS INTERSECTION WITH BROOKWOOD DRIVE CONTAINING THE WORDS "HOME OF DWIGHT SMITH #7 ATLANTA BRAVES WORLD SERIES CHAMPION 1995".

Senator GROOMS asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration.

There was no objection.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1130 (Word version) -- Senators Loftis and Corbin: A SENATE RESOLUTION TO PROCLAIM WEDNESDAY, MARCH 11, 2020, AS "SOUTH CAROLINA PROFESSIONAL LAND SURVEYORS DAY" THROUGHOUT THE STATE AND TO RECOGNIZE THE IMPORTANCE OF THE SERVICES PROVIDED BY THIS GROUP OF PROFESSIONALS TO THE PALMETTO STATE.
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S. 1131 (Word version) -- Senator Turner: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE BUILDING FOR ITS YOUTH IN GOVERNMENT PROGRAM ON MONDAY, NOVEMBER 16 AND THURSDAY, NOVEMBER 19 AND FRIDAY, NOVEMBER 20, 2020. HOWEVER, THE CHAMBER MAY NOT BE USED IF THE SENATE IS IN SESSION OR THE CHAMBER IS OTHERWISE UNAVAILABLE.
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The Senate Resolution was introduced and referred to the Committee on Operations and Management.

S. 1132 (Word version) -- Senators Young, Setzler, Massey, M. B. Matthews and Hutto: A SENATE RESOLUTION TO RECOGNIZE SATURDAY, NOVEMBER 28, 2020 AS "SAVANNAH RIVER SITE DAY" IN SOUTH CAROLINA, IN HONOR OF THE SITE'S FOUNDING ON THAT DATE IN 1950, AND TO COMMEND ALL CURRENT AND FORMER SAVANNAH RIVER SITE EMPLOYEES FOR THEIR IMPORTANT CONTRIBUTIONS TO OUR NATIONAL DEFENSE AND GLOBAL NUCLEAR DETERRENCE OVER THE PAST SEVENTY YEARS.
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The Senate Resolution was introduced and referred to the Committee on Medical Affairs.

S. 1133 (Word version) -- Senator Senn: A SENATE RESOLUTION TO RECOGNIZE THE MONTH OF APRIL 2020 AS "ZERO TOLERANCE FOR LITTER MONTH" IN SOUTH CAROLINA AND TO URGE THE STATE'S LAW ENFORCEMENT OFFICERS TO WORK TOGETHER THIS MONTH AND THROUGHOUT THE YEAR FOR A CLEANER COMMUNITY, THUS PRESERVING THE NATURAL BEAUTY OF OUR COMMUNITY, OUR STATE, AND OUR COUNTRY.
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The Senate Resolution was introduced and referred to the Committee on Judiciary.

S. 1134 (Word version) -- Senator Malloy: A BILL TO AMEND ACT 259 OF 1961, AS AMENDED, RELATING TO THE HARTSVILLE COMMUNITY CENTER BUILDING COMMISSION, SO AS TO INCREASE THE COMMISSION'S MEMBERSHIP FROM THREE TO FIVE MEMBERS.
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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 1135 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Campbell, Campsen, Cash, Climer, Corbin, Cromer, Davis, Fanning, Gambrell, Goldfinch, Gregory, Grooms, Harpootlian, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Loftis, Malloy, Martin, Massey, J. Matthews, M. B. Matthews, McElveen, McLeod, Nicholson, Peeler, Rankin, Reese, Rice, Sabb, Senn, Setzler, Shealy, Sheheen, Talley, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO CONGRATULATE THE UNITED BAPTIST DEACONS OF GREATER COLUMBIA UPON THE OCCASION OF ITS TWENTIETH ANNIVERSARY AND TO COMMEND THE ORGANIZATION FOR ITS MANY YEARS OF SERVICE TO THE COLUMBIA COMMUNITY.
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S. 1136 (Word version) -- Senators Talley and Turner: A BILL TO ENACT THE "SECOND AMENDMENT PROTECTION ACT", TO AMEND CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO FIREARMS, BY ADDING ARTICLE 9, TO EXCLUDE FROM FEDERAL REGULATION ANY PERSONAL FIREARM, FIREARMS ACCESSORY, OR AMMUNITION MANUFACTURED COMMERCIALLY OR PRIVATELY AND OWNED IN THIS STATE, TO PROVIDE THAT ANY PERSONAL FIREARM, FIREARMS ACCESSORY, OR AMMUNITION IS NOT SUBJECT TO ANY FEDERAL LAW, REGULATION, OR AUTHORITY AS LONG AS IT REMAINS WITHIN THE BORDERS OF THIS STATE, TO PREVENT ANY FEDERAL AGENT OR CONTRACTED EMPLOYEE, ANY STATE EMPLOYEE, OR ANY LOCAL AUTHORITY FROM ENFORCING ANY FEDERAL REGULATION OR LAW GOVERNING ANY PERSONAL FIREARM, FIREARMS ACCESSORY, OR AMMUNITION MANUFACTURED COMMERCIALLY OR PRIVATELY AND OWNED IN THIS STATE AS LONG AS IT REMAINS WITHIN THIS STATE, TO PROHIBIT ARREST OR DETENTION PRIOR TO A TRIAL FOR VIOLATIONS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEEK INJUNCTIVE RELIEF IN COURT TO ENJOIN CERTAIN FEDERAL OFFICIALS FROM ENFORCING FEDERAL LAW REGARDING A FIREARM, A FIREARMS ACCESSORY, OR AMMUNITION THAT IS MANUFACTURED COMMERCIALLY OR PRIVATELY AND OWNED IN THIS STATE AND REMAINS WITHIN THE BORDERS OF THIS STATE.
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Read the first time and referred to the Committee on Judiciary.

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.

Read the first time and referred to the Committee on Education.

Read the first time and referred to the Committee on Finance.

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.

Read the first time and referred to the Committee on Education.

Read the first time and referred to the Committee on Education.

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.

Read the first time and referred to the Committee on Education.

H. 5303 (Word version) -- Reps. Allison, Alexander, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, 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, 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 CONGRATULATE SOUTH CAROLINA'S 2020 DISTRICT TEACHERS OF THE YEAR UPON BEING SELECTED TO REPRESENT THEIR RESPECTIVE SCHOOL DISTRICTS, TO EXPRESS APPRECIATION FOR THEIR DEDICATED SERVICE TO CHILDREN, AND TO WISH THEM CONTINUED SUCCESS IN THE FUTURE.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORT OF STANDING COMMITTEE

Senator MARTIN from the Committee on Corrections and Penology polled out H. 3967 favorable:

H. 3967 (Word version) -- Reps. Mace, Trantham, Kimmons, Crawford, Henderson-Myers, Bernstein, McCoy, Fry, Magnuson, Allison, Henegan, Thayer, Cobb-Hunter, King, Brawley, Dillard, Davis, Hewitt, Spires, Collins, Sottile, Daning, Cogswell, Taylor, Atkinson, Ballentine, Bannister, Bennett, Clary, Elliott, Huggins, Long, McDaniel, McKnight, Pendarvis, Rutherford, Simmons, G.R. Smith, Garvin, Rose, B. Cox, Caskey, Moore and Hill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-35 SO AS TO PROVIDE METHODS OF RESTRAINING INMATES WITH A CLINICAL DIAGNOSIS OF PREGNANCY OR IN POSTPARTUM RECUPERATION.

Poll of the Corrections and Penology Committee
Polled 17; Ayes 17; Nays 0; Not Voting 0

AYES

Martin                    Allen                     Shealy
Turner                    Kimpson                   Margie Matthews
Davis                     Nicholson                 Fanning
McLeod                    Rice                      Senn
Cash                      Goldfinch                 Harpootlian
Hembree                   Loftis

Total--17

NAYS

Total--0

NOT VOTING

Total--0

Ordered for consideration tomorrow.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

INTERRUPTED DEBATE

S. 419 (Word version) -- Senators Hembree, Malloy, Turner, Setzler, Sheheen and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA CAREER OPPORTUNITY AND ACCESS FOR ALL ACT", TO PROVIDE FOR A STATEWIDE COLLEGE AND CAREER READINESS GOAL, STUDENT EMPOWERMENT, THE CREATION OF THE ZERO TO TWENTY COMMITTEE, ENHANCEMENTS TO WORKFORCE PREPARATION, EDUCATOR DEVELOPMENT AND SATISFACTION, HELP FOR STUDENTS IN UNDERPERFORMING SCHOOLS, LOCAL SCHOOL BOARD ACCOUNTABILITY, AND MISCELLANEOUS PROVISIONS. (Abbr. Title)

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Amendment No. 89

Senator MARTIN, ALEXANDER, ALLEN, BENNETT, CAMPBELL, CAMPSEN, CASH, CLIMER, CORBIN, CROMER, DAVIS, FANNING, GAMBRELL, GOLDFINCH, GREGORY, GROOMS, HARPOOTLIAN, HEMBREE, HUTTO, JACKSON, JOHNSON, KIMPSON, LEATHERMAN, LOFTIS, MALLOY, MASSEY, JOHN MATTHEWS, MARGIE BRIGHT MATTHEWS, McELVEEN, McLEOD, NICHOLSON, PEELER, RANKIN, REESE, RICE, SABB, SCOTT, SENN, SETZLER, SHEALY, SHEHEEN, TALLEY, TURNER, VERDIN, WILLIAMS and YOUNG proposed the following amendment (419R081.SP.SRM), which was adopted:

Amend the bill, as and if amended, PART IV, Scholarships and Tuition Assistance, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   Section 59-149-60 of the 1976 Code is amended to read:

"Section 59-149-60.   The student may receive a LIFE Scholarship for not more than ten semesters for a five-year degree program, eight semesters for a four-year degree program, or four semesters for a two-year degree program, or six semesters for a three-year degree program."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 59

Senator MARTIN proposed the following amendment (419R060.SP.SRM), which was withdrawn:

Amend the bill, as and if amended, by striking SECTION 49, relating to school start date, and inserting:

/SECTION   49.   Section 59-1-425(A) of the 1976 Code is amended to read:

"Section 59-1-425.   (A)   A local school district board of trustees of the State has the authority to establish an annual school calendar for teachers, staff, and students; to establish the opening date for students; and to establish the school term for the district. The statutory school term is one hundred ninety days annually and must consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year, the opening date for students must not be before the third Monday in August, except for schools operating on a year-round modified school calendar. Three days of the school term must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development must address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days of the school term may be used for preparation of opening of schools and the remaining five days of the school term may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district."     /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN spoke on the amendment.

Senator MARTIN moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 121A

Senator HEMBREE proposed the following amendment (419R102.SP.GH), which was adopted:

Amend the bill, as and if amended, PART III, the Read to Succeed Initiative, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   Chapter 155, Title 59 of the 1976 Code is amended by adding:

"Section 59-155-220.   (A)   There is created the South Carolina Reading Panel to provide support and assistance to the department. The reading panel shall be composed of ten members appointed by the State Board of Education upon the recommendation of the State Superintendent of Education. Members must include individuals who have the highest expertise on reading instruction and shall include:

(1)   three members from public or private institutions of higher education who are recommended to the State Superintendent of Education by the Commission on Higher Education;

(2)   three members who are responsible for district reading plans or have exceptional reading expertise; and

(3)   at least three members who are classroom teachers or reading interventionists.

(B)   Members shall serve two-year terms and may be appointed to successive terms. Members may not receive compensation but may receive per diem and mileage, as provided for boards and commissions. A vacancy must be filled in the manner of the original appointment.

(C)   The reading panel is responsible for the following duties:

(1)   reviewing, selecting, summarizing, and disseminating basic research relating to reading, reading growth, reading assessment, and reading instruction that will contribute to an educator's knowledge of reading, benefit students in this State, and impact policy and practices;

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

(3)   reviewing and commenting, in writing, on the State Reading Plan and district and school reading plans."     /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the amendment.

Senator HEMBREE moved that the amendment be adopted.

Amendment No. 325

Senator MALLOY proposed the following amendment (419R033.KD.), which was adopted:

Amend the bill, as and if amended, PART IX, page 72, line 24, by adding an appropriately numbered new SECTION to read:

/SECTION_.   Section 59-48-70 of the 1976 Code is amended to read:

"Section 59-48-70.   (A)   The board shall create a development office for the school that will be headed by an executive director. The executive director shall be an employee of the school, shall be hired by the head of the school, and shall serve at his pleasure with a salary that shall be set by the board.

(B)   The board may establish and maintain an endowment fund for the school that is subject to the direction of the executive director of the development office and that has the primary purpose of raising funds to support the furtherance of the school's mission, goals, and objectives. The endowment fund must be organized on a nonprofit basis as a separate legal entity recognized under and in compliance with the laws of this State.

(C)(1)   In consultation with the executive director of the development office, the endowment fund must adopt an annual operations and capital budget. Prior to adopting the annual budget and prior to any subsequent proposed material changes to the budget, the head of the endowment fund must meet with the executive director of the development office and the head of the school to review the endowment fund's proposed budget or changes. The endowment fund budget and its fundraising goals must exclusively be based on the operation and capital goals of the school as provided to the foundation by the executive director of the development office and the head of the school.

(2)   The endowment fund shall not accept any donations that are restricted in their use unless the proposed restriction is approved by the board prior to its acceptance and unless the funds are being used for a purpose that is needed by the school.

(D)   Prior to taking any action on behalf of the school, including fundraising, the board and the endowment fund must enter into a written agreement detailing the corresponding rights, duties, and responsibilities of the endowment fund."     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 331

Senator HEMBREE proposed the following amendment (419R099.SP.GH), which was adopted:

Amend the bill, as and if amended, by striking SECTION 38, relating to Section 59-20-50(4)(b) and its effective date, in its entirety.

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the amendment.

The question was the adoption of the amendment.

Recorded Vote

Senators TALLEY and SHEALY desired to be recorded as voting against the adoption of the amendment.

Amendment No. 91

Senator CROMER proposed the following amendment (419R083.SP.RWC), which was withdrawn:

Amend the bill, as and if amended, PART III, Read to Succeed Initiative, by striking SECTION 13, relating to requirements for scientific and evidence-based interventions, and inserting:

/SECTION   13.   Section 59-155-130(3) and (4) of the 1976 Code is amended to read:

"(3)   working collaboratively with institutions of higher learning education offering courses in reading and writing and those institutions of higher education offering accredited master's degrees in reading-literacy to design coursework leading to a literacy teacher add-on endorsement by the State. The coursework must be founded on evidence-based interventions, including the use of data to identify struggling readers and to inform instruction;

(4)   providing professional development on evidence-based interventions, including the use of data to identify struggling readers and to inform instruction in reading and coaching for already certified reading/literacy coaches and literacy teachers;"     /

Renumber sections to conform.

Amend title to conform.

Senator CROMER spoke on the amendment.

Senator CROMER moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 92

Senator CROMER proposed the following amendment (419R086.SP.RWC), which was adopted:

Amend the bill, as and if amended, PART III, relating to the Read to Succeed Initiative, SECTION 17.A, by striking Section 59-155-160(A)(4) and inserting:

/     (4)   who have received two years of reading intervention and or were previously retained;     /

Renumber sections to conform.

Amend title to conform.

Senator CROMER spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 93

Senator CROMER proposed the following amendment (419R085.SP.RWC), which was adopted:

Amend the bill, as and if amended, PART III, the Read to Succeed Initiative, by striking SECTION 15A, relating to Section 59-155-150(B), and inserting:

/SECTION   15.   A.   Section 59-155-150(B) of the 1976 Code is amended to read:

Renumber sections to conform.

Amend title to conform.

Senator CROMER spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 94

Senator CROMER proposed the following amendment (419R088.SP.RWC), which was adopted:

Amend the bill, as and if amended, PART III, relating to the Read to Succeed Initiative, SECTION 17.A, by striking Section 59-155-160(A)(5).

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 123

Senators SHEHEEN, MALLOY, TURNER, TALLEY, SETZLER, NICHOLSON, SABB, J. MATTHEWS, BENNETT, CROMER, YOUNG, WILLIAMS, ALEXANDER, PEELER, JOHNSON and REESE proposed the following amendment (419R096.SP.RT), which was adopted:

Amend the bill, as and if amended, PART IX, Miscellaneous, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   A.   Section 59-156-120 of the 1976 Code is amended to read:

"Section 59-156-120.   (A)(1)The South Carolina Child Early Reading Development and Education Program first must be made available to eligible children statewide from the following eight trial districts in Abbeville County School District et al vs. South Carolina: Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3.

(2)   With any funds remaining after funding the eight trial districts, the program must be expanded to the remaining plaintiff school districts in Abbeville County School District et al vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of ninety percent or greater. Priority must be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 School Year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.

(3)   With any funds remaining after funding the school districts delineated in items (1) and (2), the program must be expanded statewide. The General Assembly, in the annual general appropriations bill, shall set forth the priority schedule, the funding, and the manner in which the program is expanded.

(B)   Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program. In rare instances, students with documented kindergarten readiness barriers, especially reading barriers, may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider."

B.   Section 59-156-130(A) of the 1976 Code is amended to read:

"Section 59-156-130.   (A)   Each child residing in the program's district, who has attained the age of four years on or before September first of the school year and meets the at-risk criteria, is eligible for enrollment in the South Carolina Child Early Reading Development and Education Program for one year."

C.   Section 59-156-140(B)(8) of the 1976 Code is amended to read:

"(8)   be approved, registered, or licensed by the Department of Social Services, except for public and independent schools; and"

D.   Section 59-156-230 of the 1976 Code is amended to read:

"Section 59-156-230.   The Department of Social Services shall:

(1)   maintain a list of all approved public and private providers; and

(2)   provide the Department of Education and the Office of First Steps information necessary to carry out the requirements of this chapter.

E.   This SECTION takes effect upon approval by the Governor and applies to school years beginning not later than 2021-2022.     /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN spoke on the amendment.

Senator CASH spoke on the amendment.

The question was the adoption of the amendment.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 40; Nays 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Climer                    Corbin
Cromer                    Davis                     Fanning
Gambrell                  Goldfinch                 Gregory
Grooms                    Harpootlian               Hembree
Hutto                     Jackson                   Johnson
Leatherman                Loftis                    Malloy
Massey                    Matthews, John            McElveen
McLeod                    Nicholson                 Peeler
Rankin                    Reese                     Rice
Sabb                      Scott                     Senn
Setzler                   Shealy                    Sheheen
Talley                    Turner                    Williams
Young

Total--40

NAYS

Cash

Total--1

Amendment No. 3

Senator CROMER proposed the following amendment (419R012.SP.RWC), which was withdrawn:

Amend the bill, as and if amended, page 64, by striking SECTION 46 in its entirety and inserting:

/SECTION   46.   Section 59-1-425(A) of the 1976 Code is amended to read:

"Section 59-1-425.   (A)   A local school district board of trustees of the State has the authority to establish an annual school calendar for teachers, staff, and students. The statutory school term is one hundred ninety days annually and must consist of a minimum of one hundred eighty days of instruction covering at least nine calendar months. However, beginning with the 2007-2008 school year, the opening date for students must not be before the third before the second Monday in August, except for schools operating on a year-round modified school calendar. Three days must be used for collegial professional development based upon the educational standards as required by Section 59-18-300. The professional development must address, at a minimum, academic achievement standards including strengthening teachers' knowledge in their content area, teaching techniques, and assessment. No more than two days may be used for preparation of opening of schools and the remaining five days may be used for teacher planning, academic plans, and parent conferences. The number of instructional hours in an instructional day may vary according to local board policy and does not have to be uniform among the schools in the district."     /

Renumber sections to conform.

Amend title to conform.

Senator CROMER spoke on the amendment.

Senator CROMER moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 330

Senator HEMBREE proposed the following amendment (419R095.SP.GH), which was adopted:

Amend the bill, as and if amended, PART III, the Read to Succeed Initiative, by striking SECTION 17.B., relating to the effective date of Section 59-155-160(A), and inserting:

/B.   Section 59-155-160(A) takes effect beginning in the 2021-2022 school year. For the 2021-2022 school year only, Section 59-155-160(A) applies to first-time third graders who have not previously been retained.     /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 65

Senator HUTTO proposed the following amendment (419R066.SP.CBH), which was withdrawn:

Amend the bill, as and if amended, PART III, Read to Succeed, SECTION 18.A., page 26, by striking Section 59-155-160(B)(4) and inserting:

/     (4)   A parent or legal guardian may appeal the decision to retain a student to the district superintendent State Board of Education if there is a legitimate and compelling reason why the student should not be retained. A parent or legal guardian must appeal, in writing, within two weeks after the notification of retention. The letter must be addressed to the district superintendent State Board of Education, and specify the reasons why the student should not be retained, and include any relevant evidence to support the appeal. The district superintendent State Board of Education shall render a decision and provide copies to the parent or legal guardian, and the principal, and the district superintendent.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 90

Senator BENNETT proposed the following amendment (419R076.SP.SMB), which was withdrawn:

Amend the bill, as and if amended, PART IX, Miscellaneous, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   Section 59-63-335 of the 1976 Code is amended to read:

"Section 59-63-335.   (A)   Failure of a school administrator to report criminal conduct as set forth in Section 59-24-60 or failure to report information concerning school-related crime pursuant to Section 59-63-330 shall subject the administrator and the school district to liability for payment of a party's attorney's fees and the costs associated with an action to seek a writ of mandamus to compel the administrator and school district to comply with Section 59-24-60 or 59-63-330.

(B)   If a school district fails to report criminal conduct as set forth in Section 59-24-60 or fails to report information concerning school-related crime pursuant to Section 59-63-330, then the State Department of Education shall withhold one percent of the school district's funds allocated to the Education Finance Act formula as provided in the annual appropriations bill providing for state aid to classrooms."     /

Renumber sections to conform.

Amend title to conform.

Senator BENNETT moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 160

Senator FANNING proposed the following amendment (WAB\ 419C043.AGM.WAB20), which was not adopted:

Amend the bill, as and if amended, by adding an appropriately numbered penultimate SECTION to read:

/   SECTION   ___.   Article 1, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-60.   No student-teacher classroom ratio created by statute, resolution, or regulation may be waived or otherwise changed temporarily or permanently by any legislative measure absent a two-thirds vote of approval by the membership of the House of Representatives and a two-thirds vote of approval by the membership of the Senate."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

Recorded Vote

Senators CLIMER, TALLEY and BENNETT desired to be recorded as voting in favor of the adoption of the amendment.

Amendment No. 40A

Senator RICE proposed the following amendment (419R065.SP.RFR), which was adopted:

Amend the bill, as and if amended, PART IX, Miscellaneous, pages 75-76, by striking SECTION 56, relating to a Legislative Audit Council study and report, and inserting:

/SECTION   56.   A.   Section 59-1-495 of the 1976 Code is amended to read:

"Section 59-1-495.   (A)   The General Assembly directs the State Superintendent of Education, the Executive Director of the Education Oversight Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Senate Education Committee to each appoint one representative to a committee to be chaired by the appointee of the State Superintendent of Education to review Title 59 of the South Carolina Code of Laws and report to the General Assembly all statutes that are obsolete or no longer applicable. In addition, the report must identify all the federal education statutes and regulations with which the State of South Carolina is required to comply. The committee, with the assistance of the Revenue and Fiscal Affairs Office, must include in the report the total cost to the State of South Carolina to comply with the identified federal education statutes and regulations. This report must be submitted by December 31, 2016, and updated at least every five years thereafter.

(B)   With the assistance of the Revenue and Fiscal Affairs Office, the State Department of Education will annually report by December thirty-first the federal funding streams for programs and grants for elementary and secondary education in this State to the General Assembly. The report must include:

(1)   the amount of federal funding provided to the State Department of Education that flows through to each school district;

(2)   the applicable maintenance of state support, maintenance of local effort, and matching required by any applicable grant, and uses of these funds by state and local school districts;

(3)   compliance activities conducted by the State; and

(4)   the available outcome data and information applicable to each grant."

B.   Section 59-1-495(B) of the 1976 Code takes effect on August 1, 2021.     /

Renumber sections to conform.

Amend title to conform.

Senator RICE spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 88

Senator DAVIS proposed the following amendment (419R080.SP.TD), which was withdrawn:

Amend the bill, as and if amended, PART VI, Educator Development, Satisfaction, and Initiatives, relating to alternative route providers, by striking SECTIONS 30-31 and inserting:

/SECTION   30.   Section 59-5-60(4) of the 1976 Code is amended to read:

"(4)   Prescribe and enforce rules for the examination and certification of teachers, including for alternative route providers and programs other than those approved pursuant to Sections 59-25-310 through 59-25-360."

SECTION   31.   Section 59-25-110 of the 1976 Code is amended to read:

"Section 59-25-110.   The State Board of Education, by rules and regulations, shall formulate and administer a system for the examination and certification of teachers, including for alternative route providers and programs other than those approved pursuant to Sections 59-25-310 through 59-25-360."     /

Amend the bill further, as and if amended, SECTION 32, relating to educator preparation programs, by striking Section 59-25-115(A) and inserting:

/   "Section 59-25-115.   (A)   For the purposes of this section, an 'educator preparation program' is a state-approved program housed at a college or university or an alternative route program as defined in Section 59-25-25, other than those approved pursuant to Sections 59-25-310 through 59-25-360.     /

Amend the bill further, as and if amended, SECTION 34, relating to alternative route providers, by adding an appropriately lettered new subsection to Section 59-25-25 to read:

/   (   )   The provisions of this section do not apply to programs established pursuant to Article 4, Chapter 25, Title 59."     /

Renumber sections to conform.

Amend title to conform.

Senator DAVIS moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 332

Senators HEMBREE and SETZLER proposed the following amendment (419R100.SP.GH), which was adopted:

Amend the bill, as and if amended, by striking SECTION 43, relating to Section 59-26-125, in its entirety, and inserting:

/SECTION   43.   Chapter 26, Title 59 of the 1976 Code is amended by adding:

"Section 59-26-125.   The State Department of Education shall pay for fees and costs associated with a first-time teacher certification, as provided in Sections 59-26-30 and 59-155-180(C)(5), not to exceed five hundred dollars."     /

Renumber sections to conform.

Amend title to conform.

Senator HEMBREE spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 11

Senator RICE proposed the following amendment (419R011.SP.RFR), which was withdrawn:

Amend the bill, as and if amended, page 71, by striking lines 27-42, and page 72, by striking lines 1-23 and inserting:

/SECTION   52.   A.   Section 59-1-495 of the 1976 Code is amended to read:

"Section 59-1-495.   (A)   The General Assembly directs the State Superintendent of Education, the Executive Director of the Education Oversight Committee, the Chairman of the House Education and Public Works Committee, and the Chairman of the Senate Education Committee to each appoint one representative to a committee to be chaired by the appointee of the State Superintendent of Education to review Title 59 of the South Carolina Code of Laws and report to the General Assembly all statutes that are obsolete or no longer applicable. In addition, the report must identify all the federal education statutes and regulations with which the State of South Carolina is required to comply. The committee, with the assistance of the Revenue and Fiscal Affairs Office, must include in the report the total cost to the State of South Carolina to comply with the identified federal education statutes and regulations. This report must be submitted by December 31, 2016, and updated at least every five years thereafter.

(B)   With the assistance of the Revenue and Fiscal Affairs Office, the State Department of Education will annually report the federal funding streams for programs and grants for elementary and secondary education in this State to the General Assembly. The report must include:

(1)   the amount of federal funding provided to the State Department of Education that flows through to each school district;

(2)   the applicable maintenance of state support, maintenance of local effort, and matching required by any applicable grant, and uses of these funds by state and local school districts;

(3)   compliance activities conducted by the State; and

(4)   the available outcome data and information applicable to each grant."

B.   Section 59-1-495(B) of the 1976 Code takes effect on August 1, 2021.     /

Renumber sections to conform.

Amend title to conform.

Senator RICE moved that the amendemt be withdrawn.

The amendment was withdrawn.

Amendment No. 38

Senator MASSEY proposed the following amendment (419R054.SP.ASM), which was adopted:

Amend the bill, as and if amended, PART IX, Miscellaneous, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   Article 1, Chapter 24, Title 59 of the 1976 Code is amended by adding:

"Section 59-24-45.   The State Department of Education shall develop uniform criteria and statewide performance standards for local school districts to use when assisting, developing, and evaluating district superintendents. Local school districts shall annually evaluate district superintendents and must provide results in writing to each district superintendent. Each evaluation must also include an individualized professional development plan for the district superintendent that considers the district's strategic plan."     /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY spoke on the amendment.

The question was the adoption of the amendment.

Amendment No. 118

Senators McELVEEN and McLEOD proposed the following amendment (419R034.SP.JTM), which was withdrawn:

Amend the bill, as and if amended, page 76, line 7, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   A.   Title 11 of the 1976 Code is amended by adding:

"CHAPTER 58

South Carolina Education Bank Act

Section 11-58-100.   This chapter may be referred to as the 'South Carolina Education Bank Act.'

Section 11-58-110.   (A)   There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Education Bank.

(B)   The bank is governed by a board as provided in this chapter.

(C)   The corporate purpose of the bank is to select and assist in financing qualified projects by distributing funds collected by the bank to government units and private entities for constructing and improving education-related facilities necessary for public education purposes. The exercise by the bank of a power conferred in this chapter is an essential public function.

(D)   The bank shall establish and maintain an interest-bearing state education account.

Section 11-58-120.   As used in this chapter unless the context clearly indicates otherwise:

(1)   'Bank' means the South Carolina Education Bank.

(2)   'Board' means the board of directors of the bank.

(3)   'Department' or 'state department' means the State Department of Education.

(4)   'Eligible cost' means the costs for a qualified project that are permitted under applicable laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank, including the costs of preliminary engineering, environmental studies, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project.

(5)   'Eligible project' means a capital development or improvement made to school-related infrastructure in a county. An eligible project does not include infrastructure maintenance or construction of recreational facilities.

(6)   'Government unit' means a local school district board, municipal corporation, or county in this State, including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, or department created by the General Assembly or pursuant to the Constitution and laws of this State that may construct, own, or operate a qualified project.

(7)   'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, or construct an eligible project that is within the jurisdiction of the government unit that is responsible for complying with applicable statutory requirements.

(8)   'Qualified project' means an eligible project that has been selected by the bank to receive a disbursement from the bank.

Section 11-58-130.   (A)   The board is the governing board of the bank and consists of seven voting members as follows:

(1)   the secretary of the department, ex officio;

(2)   one member appointed by the Governor who shall serve as chairman;

(3)   one member appointed by the Governor;

(4)   one member appointed by the Speaker of the House of Representatives;

(5)   one member of the House of Representatives appointed by the Speaker, ex officio;

(6)   one member appointed by the President of the Senate; and

(7)   one member of the Senate appointed by the President of the Senate, ex officio.

(B)   Members appointed by the Governor, the Speaker of the House, and the President of the Senate shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointment for the remainder of the unexpired term.

(C)   The board must elect a vice chairman.

Section 11-58-140.   (A)   The bank has all power necessary, useful, or appropriate to fund, operate, and administer the bank and to perform its other functions, including, but not limited to, the power to:

(1)   have perpetual succession;

(2)   adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the bank's affairs and the implementation of its functions, including the right of the board to select qualifying projects and distribute funds;

(3)   sue and be sued in its own name;

(4)   have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank;

(5)   establish policies and procedures for distributing funds and fiscal controls and establish accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities;

(6)   expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank; and

(7)   do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter.

(B)   The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of the State or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or this State.

(C)   The bank is subject to the provisions of Article 1, Chapter 23, Title 1, the Administrative Procedures Act.

Section 11-58-150.   The bank shall be funded by ten percent of fees collected annually from any fees in lieu of taxes collected under state law. The bank may also receive contributions and donations from government units, private entities, and any other source as may become available to the bank including, but not limited to, appropriations from the General Assembly. Funds shall be distributed in a pro-rata share to qualified projects in areas in which funds are collected but may not exceed an amount equal to the initial investment. In distributing these funds, the bank must give priority to projects located in Tier III and IV counties.

Section 11-58-160.   The board is not subject to any liability resulting from carrying out any of the powers given in this chapter while acting within the scope of this authority.

Section 11-58-170.   All money of the bank must be deposited with and invested by the State Treasurer. Funds of the bank not needed for immediate use or disbursement may be invested by the State Treasurer in obligations or securities that are declared to be legal obligations by the provisions of Section 11-9-660.

Section 11-58-180.   Following the close of each fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and the General Assembly. An independent certified public accountant shall perform an audit of the books and accounts of the bank at least once in each fiscal year.

Section 11-58-190.   If a local school district board is submitting a request for funds from the bank for a project, then the local school district board must include justification for the project and projected costs and timelines and must provide a copy of the request to the local legislative delegation."

B.   This SECTION is effective upon approval by the Governor and applies to all fees in lieu of taxes that are collected after the effective date.     /

Renumber sections to conform.

Amend title to conform.

Senator McELVEEN spoke on the amendment.

Point of Order

Senator HEMBREE raised a Point of Order under Rule 24A that the amendment was out of order inasmuch as it was not germane to the Bill.

Senator McELVEEN spoke on the Point of Order.

On motion of Senator McELVEEN, with unanimous consent, the amendment was withdrawn.

Amendment No. 124

Senator SHEALY and YOUNG proposed the following amendment (419R097.SP.KS), which was withdrawn:

Amend the bill, as and if amended, Part III, the Read to Succeed Initiative, SECTION 17, by striking Section 59-155-160(A)(5)(d) and inserting:

/       (d)   be an organized collection of evidence of the student's mastery of the state English/language arts standards that are assessed by the third-grade statewide English language arts assessment. For each standard, there must be at least five work samples of mastery in which the student attained a grade of seventy or higher. Demonstrating mastery of each standard is required, and a single piece of evidence may be used to show mastery of multiple standards; and     /

Renumber sections to conform.

Amend title to conform.

Senator SHEALY moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 112

Senators SHEHEEN, TURNER, and TALLEY proposed the following amendment (419R057.SP.RT), which was withdrawn:

Amend the bill, as and if amended, PART IX, Miscellaneous, by adding an appropriately numbered new SECTION to read:

/SECTION   __.   A.   Section 59-156-120 of the 1976 Code is amended to read:

"Section 59-156-120.   (A)(1)The South Carolina Child Early Reading Development and Education Program first must be made available to eligible children statewide from the following eight trial districts in Abbeville County School District et al vs. South Carolina: Allendale, Dillon 2, Florence 4, Hampton 2, Jasper, Lee, Marion 7, and Orangeburg 3.

(2)   With any funds remaining after funding the eight trial districts, the program must be expanded to the remaining plaintiff school districts in Abbeville County School District et al vs. South Carolina and then expanded to eligible children residing in school districts with a poverty index of ninety percent or greater. Priority must be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 School Year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children.

(3)   With any funds remaining after funding the school districts delineated in items (1) and (2), the program must be expanded statewide. The General Assembly, in the annual general appropriations bill, shall set forth the priority schedule, the funding, and the manner in which the program is expanded.

(B)   Unexpended funds from the prior fiscal year for this program shall be carried forward and shall remain in the program. In rare instances, students with documented kindergarten readiness barriers, especially reading barriers, may be permitted to enroll for a second year, or at age five, at the discretion of the Department of Education for students being served by a public provider or at the discretion of the Office of South Carolina First Steps to School Readiness for students being served by a private provider."

B.   Section 59-156-130(A) of the 1976 Code is amended to read:

"Section 59-156-130.   (A)   Each child residing in the program's district, who has attained the age of four years on or before September first of the school year and meets the at-risk criteria, is eligible for enrollment in the South Carolina Child Early Reading Development and Education Program for one year."

C.   This SECTION takes effect upon approval by the Governor and applies to school years beginning in 2021-2022.     /

Renumber sections to conform.

Amend title to conform.

Senator SHEHEEN moved that the amendment be withdrawn.

The amendment was withdrawn.

THE SENATE PROCEEDED TO A CONSIDERATION OF REPORTS OF COMMITTEES OF CONFERENCE AND FREE CONFERENCE.

S. 455 --REPORT OF THE

S. 455 (Word version) -- Senators Alexander, Climer and Davis: A BILL TO AMEND SECTION 40-1-630(A) OF THE 1976 CODE, RELATING TO TEMPORARY PROFESSIONAL LICENSES, TO PROVIDE THAT A BOARD OR COMMISSION SHALL ISSUE A TEMPORARY PROFESSIONAL LICENSE TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES UNDER CERTAIN CIRCUMSTANCES, AND TO AMEND SECTION 40-1-640(A) OF THE 1976 CODE, RELATING TO THE CONSIDERATION OF EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY AN INDIVIDUAL AS A MEMBER OF THE MILITARY, TO PROVIDE THAT A PROFESSIONAL OR OCCUPATIONAL BOARD OR COMMISSION SHALL ACCEPT THE EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY A MEMBER OF THE MILITARY IN ORDER TO SATISFY THE QUALIFICATIONS FOR ISSUANCE OF A LICENSE OR CERTIFICATION OR APPROVAL FOR LICENSE EXAMINATION IN THIS STATE.

On motion of Senator DAVIS, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.

Senator DAVIS spoke on the report.

The question then was adoption of the Report of Committee of Conference.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Campbell                  Cash                      Climer
Corbin                    Cromer                    Davis
Fanning                   Gambrell                  Goldfinch
Gregory                   Grooms                    Harpootlian
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Loftis                    Malloy                    Martin
Massey                    Matthews, John            Matthews, Margie
McLeod                    Peeler                    Reese
Rice                      Sabb                      Scott
Senn                      Setzler                   Shealy
Sheheen                   Talley                    Turner
Williams                  Young

Total--41

NAYS

Total--0

The Committee of Conference Committee was adopted as follows:

S. 455 -- Conference Report
The General Assembly, Columbia, S.C., February 4, 2020

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 455 (Word version) -- Senators Alexander, Climer and Davis: A BILL TO AMEND SECTION 40-1-630(A) OF THE 1976 CODE, RELATING TO TEMPORARY PROFESSIONAL LICENSES, TO PROVIDE THAT A BOARD OR COMMISSION SHALL ISSUE A TEMPORARY PROFESSIONAL LICENSE TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES UNDER CERTAIN CIRCUMSTANCES, AND TO AMEND SECTION 40-1-640(A) OF THE 1976 CODE, RELATING TO THE CONSIDERATION OF EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY AN INDIVIDUAL AS A MEMBER OF THE MILITARY, TO PROVIDE THAT A PROFESSIONAL OR OCCUPATIONAL BOARD OR COMMISSION SHALL ACCEPT THE EDUCATION, TRAINING, AND EXPERIENCE COMPLETED BY A MEMBER OF THE MILITARY IN ORDER TO SATISFY THE QUALIFICATIONS FOR ISSUANCE OF A LICENSE OR CERTIFICATION OR APPROVAL FOR LICENSE EXAMINATION IN THIS STATE.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version 5/8/19-S.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   This act must be known and may be cited as the "Armed Services Members and Spouses Professional and Occupational Licensing Act".

SECTION   2.   Article 1, Chapter 1, Title 27 of the 1976 Code is amended by adding:

"Section 27-1-170.   (A)   Except as provided in subsection (G), and notwithstanding other provisions of law, this section applies to a board, agency, commission, or other entity providing professional licenses or certificates, or both, for the purpose of employment in the State of South Carolina. A board, commission, or agency providing professional licenses or certificates, or both, may promulgate rules in conformity with this section for the purpose of implementing its requirements.

(B)   Except as provided in subsection (G), and notwithstanding another provision of law, this section applies to individuals who:

(1)   are married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;

(2)   have not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate;

(3)   have not been disciplined by an authorized entity or are under investigation, in any jurisdiction, in relation to a professional license or certificate; and

(4)   pay any required fee and submit to any required criminal or other background check by an authorized board, commission, or agency in this State.

(C)   An eligible individual under subsection (B) who possesses a valid professional or occupational license or certificate in another state, district, or territory of the United States with licensing or certification requirements greater than or substantially similar to the licensing or certification requirements of the appropriate board, commission, or agency in this State must be approved to continue work in that profession or occupation upon relocation to this State for such time as normally allotted with receipt of a license or certificate from the appropriate board, commission, or agency.

(D)   Upon completion of an application that documents compliance with the receiving agency's requirements for a certificate or license, an authorized board, commission, or agency shall process the application and issue a license within fifteen business days after receipt of the application.

(E)   In addition to general personal information about the applicant, and other documentation satisfying the receiving agency's requirements for a certificate or license, the application must include proof that he:

(1)   is married to and living with an active duty member of the United States Armed Forces who is relocated to and stationed in this State under official military orders;

(2)   possesses a valid license or certificate in another state, district, or territory of the United States; and

(3)   holds the license in subsection (B) in 'good standing' as evidenced by a certificate of good standing from the state, district, or territory of the United States that issued the license.

(F)   A board, commission, or agency in this State may establish reciprocity with other states for military spouse professional licensing and certification.

(G)   This section does not apply to:

(1)   the practice of law or the regulation of attorneys; and

(2)   educators.

(H)   A license or certificate issued pursuant to this section is valid for the same period of time as a license or certificate issued pursuant to the requirements of the applicable title for the particular profession or occupation.

(I)   Nothing in this section prevents a board, commission, or agency from revoking, penalizing, or suspending a license pursuant to the appropriate code sections regulating the particular profession."

SECTION   3.   Section 40-1-630(A) of the 1976 Code is amended to read:

"(A)   A board or commission that regulates the licensure of a profession or occupation under Title 40 may shall issue a temporary professional license for a profession or occupation it regulates to the spouse of an active duty member of the United States Armed Forces if the member is assigned to a duty station in this State pursuant to the official active duty military orders of the member. Nothing in this section should be construed as requiring a board or commission to grant licensure to the spouse of an active duty member of the United States Armed Forces absent evidence that all state law requirements for licensure have been met."

SECTION   4.   Section 40-1-640(A) of the 1976 Code is amended to read:

"(A)   A professional or occupational board or commission governed by this title may shall accept the education, training, and experience completed by an individual as a member of the Armed Forces or Reserves of the United States, National Guard of any state, the Military Reserves of any state, or the Naval Militias of any state and apply this education, training, and experience in the manner most favorable toward satisfying the qualifications for issuance of the requested license or certification or approval for license examination in this State, subject to the receipt of evidence considered satisfactory by the board or commission."

SECTION   5.   Section 40-33-20(19)(a) of the 1976 Code is amended to read:

"(a)   has successfully completed an advanced, organized formal CRNA education program at a minimum of the master's level accredited by the national accrediting organization of this specialty area and that is recognized by the board;"

SECTION   6.   Section 40-33-34(A)(3)(b) of the 1976 Code is amended to read:

"(b)   graduated before December 31, 2003, from an advanced, organized formal education program for nurse anesthetists accredited by the national accrediting organization of that specialty. CRNAs who graduate after December 31, 2003, must graduate with a minimum of a master's degree from a formal CRNA education program for nurse anesthetists accredited by the national accreditation organization of the CRNA specialty. An advanced practice registered nurse must achieve and maintain national certification, as recognized by the board, in an advanced practice registered nursing specialty;"

SECTION   7.   This act takes effect upon approval by the Governor.
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/

Amend title to conform.

/s/Sen. Michael W. "Mike" Gambrell /s/Rep. John Taliaferro "Jay"                      West IV Ph.D.
/s/Sen. John L. Scott, Jr.        /s/Rep. Micajah P. "Micah"                      Caskey IV
/s/Sen. Tom Davis                 /s/Rep. Russell L. Ott
On Part of the Senate.            On Part of the House.

, and a message was sent to the House accordingly.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Greenwood County Magistrate, with the term to commence April 30, 2019, and to expire April 30, 2023
Cheryl Dennis Warren, 1617 Westbrook Dr., Apt. H2, Greenwood, SC 29649-8977 VICE Bartholomew S. McGuire