NO. 30
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:15 P.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 Chaplain as follows:
Psalm 33:11-12
"The counsel of the Lord stands forever, the thoughts of his heart to all generations. Happy is the nation whose God is the Lord, the people whom he has chosen as his heritage."
Let us pray. On this day the birthday of our seventh President Andrew Jackson, we remember the prayer he wrote as he led this nation, "I nightly offer up my prayers to the throne of grace for the health and safety of you all, and that we ought to rely with confidence on the promises of our dear Redeemer and give Him our hearts. This is all He requires and all that we can do, and if we sincerely do this, we are sure of salvation through His atonement." Lord through Your holy name we pray, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator ALEXANDER rose for an Expression of Personal Interest.
The PRESIDENT appointed Senators SETZLER, CROMER, MASSEY, ALLEN and SHEALY and Representatives Gilliam, R. Williams, Ridgeway and Tallon to escort the Honorable James W. Oxford, National Commander of the American Legion, and members of his party to the House of Representatives for the Joint Assembly.
At 12:23 P.M., on motion of Senator MASSEY, the Senate receded from business for the purpose of attending the Joint Assembly.
The PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
S. 1001 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL COMMANDER OF THE AMERICAN LEGION, JAMES W. OXFORD, TO SOUTH CAROLINA, AND TO INVITE HIM TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON WEDNESDAY, MARCH 4, 2020.
The Honorable James W. Oxford and members of his party were escorted to the rostrum by Senators SETZLER, CROMER, MASSEY, ALLEN and SHEALY and Representatives Gilliam, R. Williams, Ridgeway and Tallon. The PRESIDENT of the Senate introduced the Honorable James W. Oxford, National Commander of the American Legion.
Commander Oxford addressed the Joint Assembly.
Mr. PRESIDENT, Mr. Speaker, Senators and Representatives, it's truly an honor to speak to such a distinguished Body in this historic State House.
Before I begin, please allow me a moment to introduce members of the American Legion Family who are with me today.
We have with us the Commander of the South Carolina American Legion, Walt Richardson of Chapin, the Department Adjutant Nick Diener of Columbia, and National Executive Committeeman Michael D. Strauss of North Augusta. It is also my pleasure to introduce my counterpart at the American Legion Auxiliary, National President Nicole Clapp of Gladbrook, Iowa. We also have the American Legion Auxiliary South Carolina President, Roberta "Bobbie" Sinner of Sumter. And, also, the Auxiliary Alternate National Executive Committeewoman for South Carolina, Judy Hennis of Murells Inlet.
During the last several addresses made here by my predecessors, they acknowledged the Director of the South Carolina Division of Veterans Affairs, Howard Metcalf. I wish that I could continue that tradition. But God has called him to where we, in the American Legion, affectionately refer to as Post Everlasting. A retired Sergeant Major, Director Metcalf spent an entire career serving his country -- which included a tour as a soldier in Vietnam. He was particularly dedicated to increasing opportunities for women and minorities.
As the Director of Veterans Affairs, he served the 400,000 veterans in this State with great honor. He will be missed. I would like to thank this Body for Senate Resolution 1058, passed in his memory.
This State Legislature is the only one in the United States that annually extends an invitation for the national commander of the nation's largest veterans to address it. The significance of such an honor is fully appreciated by the American Legion.
Next week, I will be addressing a Joint Session of Congress and will reiterate some of the same points that I will make today.
It is the work of bodies such as this, and the U.S. Congress, that George Washington referred to in his farewell address, as quote, "The benign influence of good laws under a free government." My military career began as a Marine recruit standing on the yellow footprints at Parris Island, right here in South Carolina. I was able to visit Parris Island again two days ago. Needless to say, my reception was a little warmer this time around.
A tour in the Marine Corps exposes young men and women to various skills and occupations. But if you ask any Marine, they will tell you about an impressive group that they call their "docs", also known as Navy corpsmen. Regardless of service branch -- corpsmen, medics, nurses -- the skills of these men and women are without question. Many times, these life-saving skills have been tested under fire in hostile environments.
But these skills don't just have to benefit the people serving in the military. We are pleased that this Legislature is considering the Veterans Nursing Degree Opportunity Act. This Act gives South Carolina colleges and universities the option of creating degree programs that recognize the value of military experience in healthcare.
The Department of Health and Human Services estimates that South Carolina faces a shortage of more than 10,000 nurses by 2030. The Veterans Nursing Degree Opportunity Act sounds like a win -- win. Good for South Carolina and good for veterans.
While we in the American Legion welcome the removal of bureaucratic hurdles to simplify the certification process, we do not believe in lowering standards. And by hiring veterans, you are doing the opposite. When you hire a veteran, you are selecting a person who has proven through their military service that they are disciplined performers capable of accomplishing their mission under stressful conditions. They are usually physically-fit and equally adept at following orders and innovation based on changing conditions.
The men and women of the U.S. military have withstood and often excelled in some of the most challenging training in the world. And that training must continue even after these men and women leave the military service.
There are many outstanding colleges, universities, and vocational schools in South Carolina. Sadly, there are some sub-par schools and online institutions in this Country and overseas that use deceptive marketing to separate veterans from their well earned GI Bill benefits. By offering little value, they are not only shortchanging student veterans, but they are committing fraud on U.S. taxpayers.
The American Legion is calling on the federal government to provide better oversight and close some of the loopholes that allow these for-profit sham schools to exploit unsuspecting students.
One prestigious school that you are very familiar with, the University of South Carolina, is being led by President Robert Caslen, a retired lieutenant general and the former superintendent of West Point.
A recent newspaper column in the State actually ran the headline, "Caslen's top staff are veterans or have military connections. Is that good for USC?" Allow me to answer that question. "Yes!"
Military service requires a lot more than trigger pulling and marching. The U.S. military leads the world in technological innovation. In addition to academic excellence, the bright men and women attending our service academies must excel in rigorous physical training, adhere to strict honor codes and learn the value of leadership.
If you value diversity, look no further than our military which truly is a melting pot of excellence. Any American university or college would be well served by including a large representation of veterans among its leadership and student body.
This Legislature should be commended for its recent creation of the South Carolina Department of Veterans Affairs. For many years The American Legion worked to have the U.S. Veterans Administration elevated to the cabinet-status that it enjoys today. The U.S. Department of Veterans Affairs is far from perfect, but since 1989 it has been led by secretaries who have been vetted and confirmed by Congress. With the increased status came increased scrutiny. The American Legion believes this is a good thing. It not only empowers the department to better serve its constituency, but it sends a powerful message that veterans are an important priority.
This Legislative Session in particular has shown it's appreciation for veterans through the Workforce Enhancement and Military Recognition Act. If it becomes law, it will exempt military pensions from state income tax. This will be a powerful incentive for military retirees to choose South Carolina as their new home once they hang up their uniforms.
This is a State with a strong military presence. You are home to eight military installations, not including local guard and reserve centers. You have 50,000 men and women on active duty and in the reserves. You have men and women of every ethnic background, religious belief, and economic status.
This is the State that gave us Andrew Jackson, General William Westmoreland, and Challenger Astronaut Ronald McNair. This State has produced 38 Medal of Honor recipients.
It also blessed us with a legendary and beloved Legionnaire -- Past National Commander E. Roy Stone of Greenville. Commander Stone served in World War II and was so dedicated to our organization that he earned the nickname, "Mr. Legionnaire."
He described his vision for our organization in an essay that was so poignant that it motivated Representative Sonny Montgomery of Mississippi to enter it into the Congressional record in 1994. Time will not allow me to read it in its entirety, but a longer excerpt can be found in the December issue of The American Legion Magazine. It is titled, "This We Believe." By calling on veterans to keep faith with their fallen comrades, Commander Stone's words ring as true today as they did when he first uttered them.
"We must rededicate ourselves to the ideals of our organization, be active and keep faith with our fallen comrades. We must grid ourselves for any legislative fight that may become necessary, and see that any veteran who needs hospital or nursing care will have it. No compromises. Right is right. Wrong is wrong. As we celebrate our years of service to community, state and nation, we are proud of our past record of accomplishments. We look forward to an even brighter future." Thanks to the dedicated men and women gathered in this room and the patriotic citizens of South Carolina, I share Commander Stone's optimism for our bright future.
Now, if you would allow me for one moment to call to the dais two members of this distinguished Body who have proven that they are not only great lawmakers, but they are advocates for those who have served. They have been designated by the American Legion Department of South Carolina as the outstanding members of the Legislature for 2020. They are true friends of veterans and the American Legion.
Senator RONNIE CROMER and Representative Michael Rivers, Sr., would you please join me?
Commander presents plaques.
We appreciate all that you do on behalf of veterans.
Thank you so much, South Carolina Legislature.
God Bless you and God Bless America.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:53 P.M., by prior motion of Senator MASSEY, the Senate resumed.
At 12:55 P.M., Senator ALEXANDER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator ALEXANDER moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Fanning Gambrell Hembree Hutto Jackson Kimpson Loftis Malloy Martin Massey McElveen Nicholson Peeler Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Williams Young
A quorum being present, the Senate resumed.
On motion of Senator MASSEY, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
The following appointments were transmitted by the Honorable Henry Dargan McMaster:
Reappointment, South Carolina Department of Transportation Commission, with the term to commence February 15, 2020, and to expire February 15, 2024
5th Congressional District:
David E. Branham, Sr., 614 Fletcher Drive, Kershaw, SC 29067-9673
Referred to the Committee on Transportation.
Reappointment, South Carolina Department of Transportation Commission, with the term to commence February 15, 2020, and to expire February 15, 2024
1st Congressional District:
Robert D. Robbins, 107 Glen Abby Drive, Summerville, SC 29483
Referred to the Committee on Transportation.
Reappointment, Colleton County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Elbert O. Duffie III, 1075 Dallas Lane, Walterboro, SC 29488-8190
Senator NICHOLSON introduced Dr. Bryan Green of Greenwood, S.C., Doctor of the Day.
At 1:23 P.M., Senator FANNING requested a leave of absence for Senator McLEOD until 2:23 P.M.
At 1:34 P.M., Senator FANNING requested a leave of absence for Senator M.B. MATTHEWS until 3:00 P.M.
At 5:03 P.M., Senator MARTIN requested a leave of absence for Senator GOLDFINCH for the balance of the day.
At 5:03 P.M., Senator SCOTT requested a leave of absence for Senators WILLIAMS and SABB for the balance of the day.
The following co-sponsors were added to the respective Bills:
S. 9 (Word version) Sen. Alexander
S. 122 (Word version) Sen. Young
S. 461 (Word version) Sen. Cash
S. 754 (Word version) Sen. Peeler
S. 890 (Word version) Sens. Rice, Talley and Cash
S. 997 (Word version) Sen. McLeod
S. 998 (Word version) Sen. Young
S. 1002 (Word version) Sen. Goldfinch
S. 1071 (Word version) Sen. Senn
H. 4743 (Word version) -- Reps. Fry and Hewitt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-312 SO AS TO ALTER THE COUNTY LINES OF HORRY AND GEORGETOWN COUNTIES BY ANNEXING A CERTAIN PORTION OF GEORGETOWN TO HORRY COUNTY AND TO MAKE PROVISIONS FOR LEGAL RECORDS.
Senator GOLDFINCH asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
Senator GOLDFINCH asked unanimous consent to make a motion to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question then was the second reading of the Bill.
On motion of Senator GOLDFINCH, with unanimous consent, the Bill was read the second time, passed and ordered to a third reading.
The following were introduced:
S. 1144 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO CONGRATULATE GRACE BAPTIST CHURCH UPON THE OCCASION OF ITS SIXTIETH ANNIVERSARY, TO RECOGNIZE AND HONOR THE CHURCH FOR ITS DEEP HERITAGE IN THE WEST COLUMBIA COMMUNITY, AND TO COMMEND ITS LEADERSHIP AND CONGREGATION FOR THEIR MANY YEARS OF SERVICE TO THIS COMMUNITY.
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The Senate Resolution was adopted.
S. 1145 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO CONGRATULATE JOE CARTER UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS TO COME.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1146 (Word version) -- Senators Peeler, Alexander, Scott and Verdin: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, APRIL 29, 2020, AS THE AS THE DATE AND TIME FOR THE SENATE AND THE HOUSE OF REPRESENTATIVES TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES TO ELECT SUCCESSOR MEMBERS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE APPELLATE PANEL FOR SEATS 1, 2, AND 3, SO AS TO FILL THE TERMS THAT EXPIRE JUNE 30, 2020; TWO AT-LARGE MEMBERS TO THE BOARD OF VISITORS FOR THE CITADEL FOR TERMS TO EXPIRE JUNE 30, 2026; THREE AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES FOR CLEMSON UNIVERSITY FOR TERMS TO EXPIRE JUNE 30, 2024; A MEMBER TO THE BOARD OF TRUSTEES FOR COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2023; A MEMBER OF THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FIRST CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, SEAT 10, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2024, SEVENTH CONGRESSIONAL DISTRICT, SEAT 14, WHOSE TERM EXPIRES JUNE 30, 2024, AND AT-LARGE, SEAT 16, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR FRANCIS MARION UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, SEVENTH CONGRESSIONAL DISTRICT, SEAT 7, WHOSE TERM EXPIRES JUNE 30, 2024, AT-LARGE, SEAT 13, WHOSE TERM EXPIRES JUNE 30, 2022, AND AT-LARGE, SEAT 9, SEAT 11, AND SEAT 15, WHOSE TERMS EXPIRE JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR LANDER UNIVERSITY, FIRST CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SEVENTH CONGRESSIONAL DISTRICT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, FIRST CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, SECOND CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, THIRD CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, NONMEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SEVENTH CONGRESSIONAL DISTRICT, MEDICAL SEAT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT, 2, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH CONGRESSIONAL DISTRICT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2024, AT-LARGE, SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2024, AND AT-LARGE, SEAT 12, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA, SECOND JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, EIGHTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, TENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FOURTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, FIFTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024, AND SIXTEENTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2024; A MEMBER OF THE BOARD OF TRUSTEES FOR WINTHROP UNIVERSITY, SECOND CONGRESSIONAL DISTRICT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2026, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 2026, AND AT-LARGE, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 2026; AND THREE AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL, WHOSE TERMS EXPIRE JUNE 30, 2024.
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The Concurrent Resolution was introduced and referred to the Committee on Operations and Management.
S. 1147 (Word version) -- Senators Shealy, Hutto and Jackson: A BILL TO AMEND SECTIONS 44-78-20, 44-78-30, 44-78-45(A), 44-78-50, AND 44-78-60 OF THE 1976 CODE, ALL RELATING TO DO NOT RESUSCITATE ORDERS, TO ALLOW A PARENT OR LEGAL GUARDIAN OF A MEDICALLY ELIGIBLE CHILD TO REQUEST AND REVOKE A DO NOT RESUSCITATE ORDER FOR EMERGENCY SERVICES FOR THE CHILD, AND FOR OTHER PURPOSES; AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Medical Affairs.
S. 1148 (Word version) -- Senators Hutto and J. Matthews: A SENATE RESOLUTION TO CONGRATULATE GERALDINE BRADLEY ON THE OCCASION OF HER SEVENTY-NINTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.
H. 4078 (Word version) -- Reps. Tallon, Hixon, Johnson, W. Newton, Pope, Hardee, Hyde, Bailey, Hewitt and R. Williams: A BILL TO AMEND SECTION 2-1-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN REPORTS SUBMITTED TO THE GENERAL ASSEMBLY MUST BE ELECTRONICALLY TRANSMITTED, SO AS TO EXTEND THE REQUIREMENT TO REPORTS SUBMITTED TO A STANDING COMMITTEE OR ANY OTHER COMMITTEE CREATED BY THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
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.
Read the first time and referred to the Committee on Medical Affairs.
H. 4669 (Word version) -- Reps. King, Henegan, Cobb-Hunter, 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.
Read the first time and referred to the Committee on Medical Affairs.
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.
Read the first time and referred to the Committee on Education.
H. 4724 (Word version) -- Reps. Gilliard, Clyburn, Hosey, Jefferson, R. Williams and King: 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.
Read the first time and referred to the Committee on Family and Veterans' Services.
H. 4776 (Word version) -- Reps. Tallon, Allison, Hyde, Taylor, Brawley, McCravy, Toole and Clary: 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.
Read the first time and referred to the Committee on Judiciary.
H. 4800 (Word version) -- Reps. Collins, Bernstein and Kimmons: A BILL TO AMEND SECTION 63-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO REAUTHORIZE THE COMMITTEE THROUGH DECEMBER 31, 2030.
Read the first time and referred to the Committee on Family and Veterans' Services.
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.
Read the first time and referred to the Committee on Medical Affairs.
H. 5344 (Word version) -- Reps. Simrill, Cobb-Hunter and Finlay: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 6 THROUGH 10, 2020 AS "INDEPENDENT COLLEGES AND UNIVERSITIES WEEK" AND APRIL 8, 2020 AS "INDEPENDENT COLLEGES AND UNIVERSITIES DAY."
The Concurrent Resolution was introduced and referred to the Committee on Education.
H. 5345 (Word version) -- Reps. Forrest, 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, 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 CELEBRATE THE THIRTY-FOURTH ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL, TO BE HELD MAY 7 THROUGH 9, 2020, IN BATESBURG-LEESVILLE, AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE FESTIVAL.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5346 (Word version) -- Reps. Lucas, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cogswell, Collins, B. Cox, W. Cox, Crawford, Daning, Davis, Dillard, Elliott, Erickson, Felder, Finlay, Forrest, Forrester, Fry, Funderburk, Gagnon, Garvin, Gilliam, Gilliard, Govan, 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, 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 WELCOME TO THE PALMETTO STATE THE HONORABLE BRIAN E. SHEEHAN, SECOND VICE PRESIDENT OF LIONS CLUBS INTERNATIONAL, ON THE OCCASION OF THE 96TH ANNUAL SOUTH CAROLINA LIONS MULTIPLE DISTRICT 32 STATE CONVENTION AND TO HONOR THE LIONS CLUBS FOR THEIR MANY YEARS OF COMMUNITY SERVICE.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5347 (Word version) -- Reps. Calhoon, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, 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 EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF BOBBY MERLE BOWERS OF LEXINGTON COUNTY AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS LARGE AND LOVING FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator RANKIN from the Committee on Judiciary submitted a favorable report on:
S. 46 (Word version) -- Senator Malloy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XII OF THE CONSTITUTION OF SOUTH CAROLINA, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE FOR THE SEPARATE CONFINEMENT OF JUVENILE OFFENDERS FROM OLDER CONFINED PERSONS, TO CHANGE THE AGE FOR WHICH THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE SEPARATE CONFINEMENT OF JUVENILE OFFENDERS FROM "UNDER THE AGE OF SEVENTEEN" TO "UNDER THE AGE OF EIGHTEEN".
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 511 (Word version) -- Senators Gregory, Bennett, Shealy, Turner, Cromer, Reese and Fanning: A BILL TO AMEND SECTION 20-3-120 OF THE 1976 CODE, RELATING TO ALIMONY AND SUIT MONEY, TO PROVIDE FOR SEPARATE MAINTENANCE AND SUPPORT; TO AMEND SECTION 20-3-130 OF THE 1976 CODE, RELATING TO THE AWARD OF ALIMONY AND OTHER ALLOWANCES, TO PROVIDE FOR NEW FORMS OF ALIMONY; TO AMEND SECTION 20-3-150 OF THE 1976 CODE, RELATING TO THE SEGREGATION OF ALLOWANCES BETWEEN A SPOUSE AND CHILDREN AND THE EFFECT OF THE REMARRIAGE OF A SPOUSE, TO MAKE CONFORMING CHANGES; TO AMEND SECTION 20-3-160 OF THE 1976 CODE, RELATING TO THE CARE, CUSTODY, AND MAINTENANCE OF CHILDREN, TO MAKE CONFORMING CHANGES; TO AMEND SECTION 20-3-170 OF THE 1976 CODE, RELATING TO THE MODIFICATION, CONFIRMATION, OR TERMINATION OF ALIMONY AND RETIREMENT BY A SUPPORTING SPOUSE, TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE EXISTENCE OF CHANGED CIRCUMSTANCES, TO PROVIDE THAT RETIREMENT BY A SUPPORTING SPOUSE IS SUFFICIENT GROUNDS TO WARRANT A HEARING, AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER ALIMONY OR SEPARATE MAINTENANCE AND SUPPORT SHOULD BE MODIFIED, SUSPENDED, OR TERMINATED IN AMOUNT OR TERM; AND TO DEFINE NECESSARY TERMS.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 719 (Word version) -- Senators Hembree and Fanning: A BILL TO AMEND SECTION 33-57-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RAFFLES CONDUCTED BY NONPROFIT ORGANIZATIONS, SO AS TO AUTHORIZE NONPROFIT ORGANIZATIONS RECOGNIZED AS TAX-EXEMPT UNDER INTERNAL REVENUE CODE SECTION 501(c)(5) TO CONDUCT A RAFFLE AND TO REMOVE THE PROHIBITION ON THE USE OF FUNDS RAISED BY THE RAFFLE TO PURCHASE ATHLETIC EQUIPMENT; TO AMEND SECTION 33-57-140, AS AMENDED, RELATING TO STANDARDS FOR RAFFLES, SO AS TO INCREASE THE FAIR MARKET VALUE OF INDIVIDUAL PRIZE AND TOTAL PRIZE LIMITS; AND TO REPEAL SECTION 33-57-200 RELATING TO THE REPEAL OF CHAPTER 57, TITLE 33.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 983 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 15-39-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF JUDGMENT EXECUTIONS, SO AS TO PROVIDE FOR A NEW PROCEDURE; AND TO AMEND SECTION 15-39-30, RELATING TO ISSUANCE OF EXECUTIONS, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A FINAL JUDGMENT SHALL HAVE ACTIVE ENERGY BEYOND THE TEN-YEAR PERIOD.
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 1002 (Word version) -- Senators Rankin, Malloy, Young, McElveen, Kimpson, M.B. Matthews, Senn, Harpootlian, Sabb, Campsen, Hutto, Setzler, Hembree, Talley, Davis and Goldfinch: A BILL TO AMEND SECTION 14-7-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY VOIR DIRE, SO AS TO PROVIDE FOR ATTORNEY CONDUCTED JURY VOIR DIRE BY ORAL AND DIRECT QUESTIONING; TO AMEND SECTION 14-7-1060, RELATING TO THE DRAWING OF A JURY PANEL, SO AS TO PROVIDE THAT THE NUMBER OF JURORS TO BE DRAWN IS WITHIN THE DISCRETION OF THE TRIAL JUDGE; AND TO AMEND SECTION 14-7-1080, RELATING TO THE DRAWING OF A SECOND JURY PANEL, SO AS TO DELETE THE REQUIREMENT THAT THE PANEL MUST BE MADE UP OF TWENTY JURORS.
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Operations and Management polled out S. 1118 favorable:
S. 1118 (Word version) -- Senators Shealy and Setzler: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SOUTH CAROLINA SENATE AND HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 12, 2020.
Peeler Leatherman Setzler Reese Rankin Malloy Massey Shealy Turner
Ordered for consideration tomorrow.
Senator PEELER from the Committee on Operations and Management polled out S. 1131 favorable:
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.
Peeler Leatherman Setzler Reese Rankin Malloy Massey Shealy Turner
Ordered for consideration tomorrow.
Senator RANKIN from the Committee on Judiciary submitted a favorable with amendment report on:
H. 3309 (Word version) -- Reps. Cobb-Hunter, Thigpen, Henderson-Myers, Collins, Rose, Dillard, Caskey, Bannister, Norrell and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL CREATE AND OPERATE A STATEWIDE SEXUAL ASSAULT KIT TRACKING SYSTEM.
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO THE 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.
Senator HEMBREE proposed the following amendment (419R092.SP.GH), 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 __. A. Chapter 150, Title 59 of the 1976 Code is amended by adding:
"Section 59-150-365. (A)(1) A student who is attending a two-year public technical college, who is majoring in a critical workforce area program as defined and recommended by the State Board for Technical and Comprehensive Education (SBTCE) and ratified by the South Carolina Coordinating Council for Workforce Development, and who is receiving a Lottery Tuition Assistance Program Scholarship (LTAP) for the current school year shall receive an additional South Carolina Workforce Industry Needs Scholarship (SCWINS). A student who is attending a two-year public technical college, who meets the income eligibility guidelines for free and reduced-priced meals as established by the United States Department of Agriculture (USDA), and who is receiving an LTAP scholarship for the current year shall receive an SCWINS scholarship regardless of the student's major. Subject to the funds appropriated, the SCWINS scholarship is equal to the cost of tuition and mandatory fees after applying all other scholarships or grants, not to exceed two thousand five hundred dollars each year for no more than three years of instruction, including the student's freshman year, if the student is enrolled in an associate degree program, or no more than two years of instruction, including the student's freshman year, if enrolled in a diploma or certificate program.
(2) During a student's freshman year, the student must be enrolled in at least six credit hours of instruction each semester, including at least three credit hours of instruction in one of the critical workforce areas defined by the SBTCE. A student who meets the income guidelines for free and reduced-priced meals as established by the USDA must be enrolled in at least six credit hours of instruction each semester for the purpose of meeting the required minimum level of instruction in the student's major courses during the student's freshman year. To receive the additional SCWINS scholarship each school year, the student must receive the underlying LTAP scholarship for that school year and must be making acceptable progress each school year toward receiving a degree pursuant to this section. Dual enrollment courses taken in high school in these critical workforce area programs count toward the fulfillment of the minimum requirement.
(3) As a condition of participation in the scholarship program provided herein, a student must receive career counseling from the institution in which he will enroll, and that institution shall verify participation to the SBTCE prior to any award.
(B) The SBTCE shall promulgate regulations to define what constitutes a critical workforce program area. Nothing herein prevents a student from changing majors within the acceptable disciplines. Additionally, the SBTCE shall annually communicate with high school guidance counselors regarding the list of qualifying majors. The critical workforce program list must be reviewed at least every five years and adjusted based on workforce trends and industry needs. Critical workforce program additions or deletions must be ratified by the South Carolina Coordinating Council for Workforce Development.
(C) If the additional SCWINS scholarship is lost, then it may be regained in the same manner that the underlying LTAP scholarship is regained.
(D) In order for a student to be eligible after attempting twenty-four academic credit hours, the student must have earned a grade point average of 2.0 or better on a 4.0 grading scale.
(E) A student may not be eligible to receive the SCWINS scholarship for more than one certificate, diploma, or degree within any five-year period unless the additional certificate, diploma, or degree constitutes progress in the same field of study.
(F) A dual-enrollment student in high school who is majoring in one of the critical workforce areas and receives an LTAP scholarship at a technical college qualifies for the SCWINS scholarship. A dual enrollment student in high school who receives an LTAP scholarship at a technical college and qualifies for free and reduced-priced meals also qualifies for the SCWINS scholarship regardless of the student's major.
(G) Additionally, an up to three-hundred-dollar book allowance each school year is applied to the account of an SCWINS recipient who is majoring in one of the critical workforce areas, for expenses toward the cost of textbooks.
(H) If a critical workforce area program is placed on suspension during the SBTCE's annual program evaluation process, then that program no longer qualifies for SCWINS funds at that specific college. Students must be advised on how to complete their program by transferring to another technical college or serving as a transient student at another technical college to complete specified courses.
(I) The SBTCE shall develop career counseling standards to be implemented by all colleges in the SBTCE system."
B. This SECTION takes effect on July 1, 2020, and first applies to the 2020-2021 school year. /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 19.A., relating to Section 59-104-20, by striking Section 59-104-20(G)(1)(a)(ii) and inserting:
/ (b)(ii) a cumulative 3.5 3.49 or better grade point ratio on the Uniform Grading Scale at the end of the junior or senior year; and /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 19.A., relating to Section 59-104-20, by striking Section 59-104-20(G)(1)(b)(ii) and inserting:
/ (b)(ii) a cumulative 4.0 3.99 or better grade point ratio on the Uniform Grading Scale at the end of the junior or senior year. /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 19.A., relating to Section 59-104-20, by striking Section 59-104-20(F)(1)(a) and inserting:
/ (a) South Carolina public institution defined in Section 59-103-5, excluding a public two-year or technical institution, and an independent institution as defined in Section 59-113-50, excluding an eleemosynary junior or independent two-year institution any state-supported, post-secondary educational institution. 'Public or independent institution' does not include a two-year or technical institution or an eleemosynary junior or independent two-year institution; or /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 19.A., relating to Section 59-104-20, by striking Section 59-104-20(H) and inserting:
/ (H) Notwithstanding another provision of law, a student who met the initial eligibility requirements to receive a Palmetto Fellows Scholarship Award as a senior in high school and has met the continuing eligibility requirements shall receive the award. A student who received a Palmetto Fellows Scholarship Award as a senior in high school but declined the award or who accepted the LIFE Scholarship for attendance at a public two-year or technical institution is eligible to reapply for the annual scholarship, providing he meets all of the initial and continuing academic eligibility requirements of the Palmetto Fellows program, if he transfers to a qualifying South Carolina institution of higher learning. The number of semesters or academic years a student attended an out-of-state institution are to be deducted from the number of semesters or academic years a student is eligible for the scholarship. All funding provided for Palmetto Fellows Scholarships regardless of its source or allocation must be used to implement the provisions of this subsection. /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 20.A., relating to Section 59-149-50, by striking Section 59-149-50(A)(1) on page 39 at line 8 and inserting:
/graduated from high school with a minimum of a 3.0 2.99 or better cumulative /
Amend the bill further, as and if amended, PART IV, Scholarships and Tuition Assistance, SECTION 20.B., relating to Section 59-150-370(C), by striking Section 59-150-370(C) and inserting:
/ "(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a must have graduated from high school with a minimum of a 3.0 cumulative grade point average to be eligible to receive an SC HOPE Scholarship. A minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section." /
Renumber sections to conform.
Amend title to conform.
Senator MASSEY spoke on the amendment.
Senator MALLOY asked unanimous consent to include Amendment No. 335 in the debate on S. 419.
Senator MARTIN objected.
Senator SHEHEEN spoke on the amendment.
The question then was the adoption of the amendment.
The amendment was adopted.
Senators MARTIN, CORBIN, VERDIN and SHEALY desired to be recorded as voting against the adoption of the amendment.
Senator HEMBREE proposed the following amendment (419R093.SP.GH), which was adopted:
Amend the bill, as and if amended, by striking SECTION 52, relating to Section 59-19-350(A), and inserting:
/SECTION 52. Section 59-19-350(A) of the 1976 Code is amended to read:
"Section 59-19-350. (A)(1)(a) A local school district board of trustees of this State desirous of creating an avenue for new, innovative, and more flexible ways of educating children within their district, may create a school schools of choice innovation within the district that is are exempt from state statutes which govern other schools in the district and regulations promulgated by the State Board of Education. To achieve the status of exemption from specific statutes and regulations, the local board of trustees, at a public meeting, shall identify specific statutes and regulations which will be considered for exemption. The exemption may be granted by the governing board of the district only if there is a two-thirds affirmative vote of the board for each exemption and the proposed exemption is approved by a two-thirds affirmative vote of the State Board of Education.
(b) If there is an opening start date provided in statute, then the provisions of subitem (a) do not apply. A school of innovation cannot be exempt from a statutory opening-date requirement unless the district establishes a twelve-month calendar that incurs no more than a break of five consecutive weeks during the twelve-month calendar.
(2) Nothing in this section permits a local school district board of trustees to relinquish control of the schools created pursuant to item (1)."/
Amend the bill further, as and if amended, SECTION 53, relating to Section 59-1-425(A), and inserting:
/SECTION 53. 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 Monday in August fifteenth, except for schools operating on a year-round modified school calendar. If August fifteenth falls on a weekday other than a Monday, then the opening start date must not be before the preceeding Monday. If August fifteenth falls on a weekend, then the opening start date must not be before the subsequent Monday. 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. A local school district board of trustees must modify the first semester calendar for the purpose of administering exams prior to the beginning of any scheduled December break." /
Renumber sections to conform.
Amend title to conform.
Senator HEMBREE spoke on the amendment.
Senator MARTIN spoke against the amendment.
The question then was the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Campbell Campsen Corbin Davis Goldfinch Gregory Grooms Hembree Hutto Jackson Johnson Kimpson Leatherman Loftis McElveen Peeler Rankin Reese Sabb Scott Senn Verdin Williams Young
Alexander Allen Bennett Cash Climer Cromer Fanning Gambrell Malloy Martin Massey Matthews, John McLeod Nicholson Rice Setzler Shealy Talley Turner
The amendment was adopted.
Senator FANNING proposed the following amendment (WAB\ 419C220.SM.WAB20), which was not adopted:
Amend the bill, as and if amended, Section 59-5-10(B)(1)(a), as contained in SECTION 2.A., by deleting the subitem and inserting:
/ (a) two public school students who shall serve a one-year term, one of whom must be the elected student governor of Boys State of South Carolina and the other must be the elected student governor of Girls State of South Carolina, provided that:
(i) a member may not serve if he discontinues attending public school in this State; and
(ii) a vacancy must be filled for the remainder of the term by another public school student; and /
Renumber sections to conform.
Amend title to conform.
Senator FANNING spoke on the amendment.
Senator HEMBREE spoke against the amendment.
The question then was the adoption of the amendment.
Having failed to receive the necessary votes, the amendment was not adopted.
Senators SCOTT and SHEHEEN proposed the following amendment (DG\419C006.NBD.DG20), which was withdrawn:
Amend the bill, as and if amended, Part IV, by adding an appropriately numbered SECTION to read:
/ SECTION ___. A. Chapter 11, Title 11 of the 1976 Code is amended by adding:
Funding for Public Institutions of Higher Learning
Subarticle 1
Base Funding
Section 11-11-610. For purposes of this subarticle:
(1) 'Public institution of higher learning' means any state-supported, post-secondary research, comprehensive, and two-year branch campus educational institution and shall include technical and comprehensive educational institutions.
(2) 'Recurring general fund revenue' means the forecast of recurring general fund revenues pursuant to Section 11-9-1130 after the amount apportioned to the Trust Fund for Tax Relief, as required in Section 11-11-150, is deducted.
(3) 'Recurring general fund expenditure base' means the total recurring general fund appropriations authorized in the current general appropriations act less any reduced appropriations mandated by the General Assembly or the Executive Budget Office pursuant to Section 11-9-1140(B).
Section 11-11-620. (A) In any fiscal year in which general fund revenues are projected to increase, in the annual general appropriations bill, the appropriation to each public institution of higher learning for the upcoming fiscal year must be increased by the same projected percentage increase, not to exceed five percent, when compared to the appropriation in the current fiscal year. For purposes of this section, beginning with the initial forecast required pursuant to Section 11-9-1130, the percentage increase in general fund revenues must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Governor of the projected percentage increase. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage increase. However, the forecast in effect on April tenth of the current fiscal year is the final forecast for which the percentage increase is determined, and no subsequent forecast modifications shall have any effect on that determination.
(B) In any fiscal year in which general fund revenues are projected to decrease, in the annual general appropriations bill, the appropriation to each public institution of higher learning for the upcoming fiscal year only may be decreased, if at all, by no more than the projected percentage decrease in general fund revenues, when compared to the appropriation in the current fiscal year.
(C)(1) For purposes of this section, beginning with the initial forecast required pursuant to Section 11-9-1130, the percentage change in general fund revenues must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year.
(2) The Governor shall include the adjusted appropriation to each public institution of higher learning in the Executive Budget.
(3) The Revenue and Fiscal Affairs Office shall determine the current fiscal year's recurring general fund expenditure base, and determine any projected change in general fund revenues. If an adjustment is projected, the appropriation for the upcoming fiscal year must be adjusted accordingly.
Section 11-11-630. In any fiscal year in which the Board of Economic Advisors reduces the revenue forecast for the current fiscal year, the appropriation to or rate of expenditure for each public institution of higher learning may not be reduced by more than the percentage amount of the reduction.
Additional Funding
Section 11-11-710. For purposes of this subarticle, 'public institution of higher learning' means any state-supported, post-secondary research, comprehensive, and each two-year regional campus of the University of South Carolina.
Section 11-11-720. (A) There is established the Higher Education Opportunity Trust Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. Revenues in this fund may not be used to supplant general fund appropriations of each public institution of higher learning, with the amounts appropriated in Part 1.A. of the Fiscal Year 2020-2021 annual appropriations act serving as the base year. The fund is exempt from any midyear budget reduction imposed by the General Assembly, or the Executive Budget Office pursuant to Section 11-9-1140(B).
(B) The fund must be distributed by the State Treasurer to each public institution of higher learning pursuant to the formula set forth in subsection (C). However, any funds accruing in the trust fund during the initial fiscal year of the fund's establishment must remain in the trust fund for the entirety of that fiscal year and the funds may not be distributed during that year.
(C)(1)(a) As set forth in subitems (b) and (c), ten percent of the trust fund must be used for need-based scholarships to full-time undergraduate students from South Carolina, and the remaining ninety percent must be used to fund the costs of the various institutions for educating South Carolinians. By July 15, 2021, and in accordance with subsections (A) and (B), the Commission on Higher Education shall determine the percentage of the trust fund that each public institution of higher learning shall receive in the current fiscal year from subitems (b) and (c).
(b) Ten-percent of the total amount to be distributed from the trust fund each fiscal year must be used solely for need-based scholarships to be awarded to full-time undergraduate students from South Carolina. The percentage each institution shall receive pursuant to this subitem must be determined by a fraction in which the numerator is the institution's number of full-time undergraduate students whose family income is not greater than one hundred fifty percent of the most recently published Health and Human Service Poverty Guidelines and whose geographic origin is South Carolina for the fall semester in the immediately preceding fiscal year and the denominator is the sum total of every institution's number of full-time undergraduate students whose family income is not greater than one hundred fifty percent of the most recently published Health and Human Service Poverty Guidelines and whose geographic origin is South Carolina for the fall semester in the immediately preceding fiscal year. Each institution must distribute these funds in semiannual awards in the form of need-based scholarships directly to student recipients qualified using the criteria for those students whose family income is not greater than one hundred fifty percent of the most recently published Health and Human Service Poverty Guidelines and whose geographic origin is South Carolina for the upcoming fall semester.
(c) The remaining ninety percent of the total amount to be distributed from the trust fund each year must be used to fund the costs of the various institutions for the education of students. The percentage each institution shall receive pursuant to this subitem must be determined by using a fraction, in which the numerator is the institution's number of full-time undergraduate students whose geographic origin is South Carolina for the fall semester in the immediately preceding fiscal year and the denominator is the total number of every institution's number of full-time undergraduate students whose geographic origin is South Carolina for the fall semester in the immediately preceding fiscal year.
(d) Immediately following the Comptroller General's closing of the state's books for the preceding fiscal year, or by October 1, 2021, whichever occurs first, the State Treasurer shall distribute the funds to each public institution of higher learning based on the percentage allocation calculated for each institution by the Commission on Higher Education.
(2) By July 15, 2022, and each July fifteenth thereafter, the commission shall update the percentage allocation formula provided in item (1) based on new enrollment figures for the immediately preceding fiscal year's fall semester. Immediately following the Comptroller General's closing of the state's books for the preceding fiscal year, or October first, whichever occurs first, the State Treasurer shall distribute the funds to each public institution of higher learning so that each institution receives the same amount of funds it received in the prior fiscal year plus a proportional share of any increase in the fund's total in the current fiscal year compared to the fund's total in the prior fiscal year. The proportional share must be the percentage allocation calculated for each institution by the commission pursuant to this subsection. In the event the trust fund's total is less in the current fiscal year compared to its total in the prior fiscal year, each institution's distribution shall be based on its percentage allocation in the prior fiscal year.
(D) Once the Higher Education Opportunity Trust Fund has a balance of at least one hundred twenty-five million dollars, then the provisions of Section 11-11-740 apply.
(E) Nothing in this section may be construed to restrict the appropriation of funds to any public institution of higher learning from any source other than the Higher Education Opportunity Trust Fund.
(F) No later than November first and March first of each academic year, an institution receiving funds pursuant to this section must publish in a conspicuous place on its website a report summarizing the institution's undergraduate enrollment data, including geographic origin of its undergraduate students, as well as race and ethnicity data, and family income level of this same population. Within seven days of posting this report, an institution must provide an electronic copy to the Commission on Higher Education. Within thirty days of receiving these reports, the commission must summarize the institutional summaries and provide a singular consolidated report to the Governor, Chairman of the House Education and Public Works Committee, Chairman of the Senate Education Committee, Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee.
Section 11-11-730. (A) Notwithstanding any other provision of law, the following revenues must be credited to the Higher Education Opportunity Trust Fund:
(1) sales and use tax revenues owed by any South Carolina retailer who has utilized the provisions of Section 12-36-2691 minus any sales and use tax revenue remitted by any such retailer in Fiscal Year 2018-2019;
(2) to the extent allowed by federal law, sales and use tax revenues owed by remote sellers;
(3) sales and use tax revenues owed on the sale of tangible personal property sold on an Internet website by independent sellers through a South Carolina retailer on consignment, or any other Internet sale made by a third party through a South Carolina retailer;
(4) any admission taxes collected by a public institution of higher learning pursuant to Article 17, Chapter 21, Title 12. The admission tax collections from the previous fiscal year must be deposited into the trust fund in a lump sum by October first of each year; and
(5) any indirect cost recoveries remitted by a public institution of higher learning pursuant to Section 2-65-70. The recoveries from the previous fiscal year must be deposited into the trust fund in a lump sum by October first of each year.
(B) The amount of revenue credited to the Higher Education Opportunity Trust Fund pursuant to subsection (A)(3), if any, must be determined by an estimate of the Board of Economic Advisors. The Board of Economic Advisors shall include this estimate in its initial economic forecast, and in any subsequent forecasts if an adjustment is necessary. The amount of this estimate must be deducted from amounts available for appropriation in the same manner as reimbursements to the Trust Fund for Tax Relief are deducted. The State Treasurer shall transfer this amount to the Higher Education Opportunity Trust Fund in equal monthly installments.
(C) Notwithstanding subsection (A), any sales and use tax revenue collected from transactions set forth in subsection (A)(1) through (A)(3) that is attributable to the tax imposed by the Education Improvement Act must be credited as provided in Section 59-21-1010(B).
(D) Notwithstanding subsection (A), the maximum amount of revenue that may be credited to the trust fund in any fiscal year is three hundred twenty-five million dollars. However, the limitation set by this subsection must be increased each year by the percentage increase in the Higher Education Price Index, as reported by the Commonfund Institute, for the immediately preceding fiscal year. Any revenues not credited to the trust fund as a result of this subsection must be credited as otherwise provided by law.
Section 11-11-740. (A) Notwithstanding any other provision of law, for the fiscal year immediately following the first fiscal year in which the Higher Education Opportunity Trust Fund has a balance of at least one hundred twenty-five million dollars and funds are distributed from the trust fund pursuant to Section 11-11-720, and upon affirmation of the boards of trustees of public institutions of higher learning receiving such trust funds, the boards of trustees must not increase the institution's required tuition and mandatory fees charged to in-state undergraduate students whose geographic origin is the State of South Carolina above the amounts charged on such students for the immediately preceding fiscal year. This limitation shall not apply to undergraduate students whose geographic origin is not the State of South Carolina or to graduate or post-graduate students regardless of geographic origin.
(B) For all subsequent years following the initial year set forth in subsection (A), and provided that the provisions of subsection (C) are applicable for the immediately preceding year, upon positive affirmation, the boards of trustees of each public institution of higher learning must not increase the institution's required tuition and mandatory fees charged to in-state undergraduate students whose geographic origin is the State of South Carolina by more than the percentage increase in the Higher Education Price Index, as reported by the Commonfund Institute, for the immediately preceding fiscal year, or not more than two and three-quarters percent, whichever is less.
(C) The limitations prescribed in subsections (A) and (B) are suspended for any fiscal year in which the General Assembly fails to comply with the requirements contained in this article pertaining to funding of the Higher Education Opportunity Trust Fund. By July thirtieth of each fiscal year, the Revenue and Fiscal Affairs Office shall notify the Commission on Higher Education if the limitation in subsection (B) is suspended.
(D) In any fiscal year in which the limitations of subsections (A) and (B) are in effect and the board of trustees of an institution that receives trust funds pursuant to this section fails to comply with the requirements of subsection (B), then the General Assembly shall not provide the funding of the Higher Education Opportunity Trust Fund, until such time that the institution's Board of Trustees is in compliance with the requirements of subsection (B).
(E) The authority granted by the will of Thomas G. Clemson, accepted by Section 59-119-10, is confirmed and is not limited by this article.
Infrastructure
Section 11-11-810. For purposes of this subarticle, 'public institution of higher learning' means any state-supported, post-secondary research, comprehensive, and two-year branch campus educational institution and shall include technical and comprehensive educational institutions.
Section 11-11-820. (A) There is established the Higher Education Facilities Repair and Renovation Fund. This fund is separate and distinct from the general fund of the State and all other funds. Earnings and interest on this fund must be credited to it and any balance in this fund at the end of a fiscal year carries forward in the fund in the succeeding fiscal year. The Department of Administration, Executive Budget Office, shall administer the fund. The funds only may be expended for the purposes set forth in subsection (C).
(B)(1) Beginning with the annual general appropriations act for Fiscal Year 2021-2022, and annually thereafter, the General Assembly shall appropriate at least twenty-five million dollars to the fund for allocation to and among the state's public colleges and universities, including technical colleges.
(2) Of the funds available in the fund, twenty-five percent must be transferred to the State Board for Technical and Comprehensive Education for distribution among the state's public technical colleges in a manner and amounts determined by the board. The remaining seventy-five percent must be transferred by the Executive Budget Office for distribution among the state's public institutions of higher learning based on a formula developed by the Executive Budget Office, in consultation with the public institutions of higher learning.
(C)(1) Notwithstanding any other provision of law, the funds only may be expended for necessary renovation, repair and related maintenance, and other critical equipment and systems repair and maintenance that are necessary for the safe and efficient operation of the institution's physical plant in its support of the institution's educational purpose. Funds must not be used for new construction.
(2) Before the funds may be distributed, each institution must certify to the Executive Budget Office or the board, as applicable, in the manner prescribed by the applicable body, the extent to which the institution will meet the requirements of this section. No later than one hundred twenty days after the close of a fiscal year, the Executive Budget Office and the board shall report to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee regarding the utilization of this section. Funds not expended in the prior fiscal year may be carried forward into the current fiscal year and utilized for the same purpose. In the event of a midyear budget cut imposed by the General Assembly or the Executive Budget Office, the fund only may be reduced, if at all, by an amount not to exceed the overall percentage reduction being required of the general fund in the statewide aggregate. In any fiscal year in which the Board of Economic Advisors reduces the revenue forecast for the current fiscal year, the appropriation to or rate of expenditure for each public institution of higher learning may not be reduced by more than the percentage amount of the reduction.
Section 11-11-830. Notwithstanding Section 11-11-730 and any other provision of law, any sales and use tax revenues collected by an audit of the Department of Revenue of any South Carolina retailer who has utilized the provisions of Section 12-36-2691, must be credited to the Higher Education Facilities Repair and Renovation Fund.
Section 11-11-840. Beginning with the annual general appropriations act for Fiscal Year 2021-2022, and annually thereafter, the General Assembly may not appropriate funds to debt service in excess of the amount required by law, unless the General Assembly appropriates twenty-five million dollars to the Higher Education Facilities Repair and Renovation Fund for allocation to and among the state's public colleges and universities, including technical colleges. An appropriation made pursuant to this section also satisfies the appropriation requirement of Section 11-11-820."
B. 1. Chapter 149, Title 59 of the 1976 Code is amended by adding:
"Section 59-149-170. (A) Notwithstanding any other provision of law and the provisions of the South Carolina Uniform Grading Scale, for purposes of the high school grade-point average requirements of this chapter, any student who graduates high school after the 2021-2022 school year must have a cumulative grade point average of 3.3.
(B) The provisions of this section only apply to determining initial eligibility for the scholarship provided in this chapter. Nothing in this section may be construed to effect college admission or the South Carolina Uniform Grading Scale.
Section 59-149-180. Beginning with the 2022-2023 annual general appropriations act, the General Assembly must not appropriate funds to the LIFE Scholarship Program, including stipends, in excess of the total amount appropriated to the program in the previous fiscal year, regardless of the source of the appropriation, plus an amount equal to the percentage increase in the higher education price index for the immediately preceding fiscal year, but not to exceed two and three-quarters percent each year."
2. Article 1, Chapter 104, Title 59 of the 1976 Code is amended by adding:
"Section 59-104-50. (A) Notwithstanding any other provision of law and the provisions of the South Carolina Uniform Grading Scale, for purposes of the high school grade-point average requirements of this article, any student who graduates after the 2021-2022 school year must have a cumulative grade point average of 4.0 if the student qualifies pursuant to Section 59-104-20(G)(1), or a cumulative grade point average of 4.3 if the student qualifies pursuant to Section 59-104-20 (G)(2).
(B) The provisions of this section only apply to determining initial eligibility for the scholarship provided in this article. Nothing in this section may be construed to effect college admission or the South Carolina Uniform Grading Scale.
Section 59-104-60. Beginning with the 2022-2023 annual general appropriations act, the General Assembly must not appropriate funds to the Palmetto Fellows Scholarship Program, including stipends, in excess of the total amount appropriated to the program in the previous fiscal year, regardless of the source of the appropriation, plus an amount equal to the percentage increase in the higher education price index for the immediately preceding fiscal year, but not to exceed two and three-quarters percent each year."
3. Section 59-150-370 of the 1976 Code is amended by adding two subsections at the end to read:
"( )(1) Notwithstanding any other provision of law and the provisions of the South Carolina Uniform Grading Scale, for purposes of the high school grade-point average requirements of this section, any student who graduates high school after the 2021-2022 school year must have a cumulative grade point average of 3.3.
(2) The provisions of this subsection only apply to determining initial eligibility for the scholarship provided in this article. Nothing in this subsection may be construed to effect college admission or the South Carolina Uniform Grading Scale.
( ) Beginning with the 2022-2023 annual general appropriations act, the General Assembly must not appropriate funds to the SC HOPE Scholarship program in excess of the total amount appropriated to the program in the previous fiscal year, regardless of the source of the appropriation, plus an amount equal to the percentage increase in the higher education price index for the immediately preceding fiscal year, but not to exceed two and three-quarters percent each year."
C. Chapter 142, Title 59 of the 1976 Code is amended by adding:
"Section 59-142-80. (A) Beginning with Fiscal Year 2021-2022 and ending after Fiscal Year 2022-2023, the General Assembly, in the annual general appropriations act, shall appropriate additional funds to the need-based grant program so that the total appropriation is in excess of the amount appropriated in the previous fiscal year. The additional funds may not be less than the amount determined pursuant to subsection (B).
(B)(1) The Revenue and Fiscal Affairs Office, in consultation with the Commission on Higher Education, for each applicable fiscal year, shall determine the additional amount of funds not required to be expended in the applicable fiscal year as a result of Sections 59-149-170, 59-104-50, and 59-150-370(G), as added by the South Carolina Career Opportunity Access for All Act. The appropriation made pursuant to subsection (A) may not be less than this determination. The determination must be made before February fifteenth, and must be transmitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
(2) Notwithstanding item (1), the determination must not be less than:
(a) five million three hundred thousand dollars in Fiscal Year 2021-2022;
(b) five million dollars in Fiscal Year 2022-2023.
(C) The funds appropriated pursuant to this section are meant to supplement, not supplant, funding to the need-based grant program. Nothing in this section may be construed so as to prevent the General Assembly from appropriating additional funding to the program."
D. 1. Chapter 143, Title 59 of the 1976 Code is amended by adding:
"Section 59-143-40. (A) Beginning with the annual general appropriations act for Fiscal Year 2022-2023, and each fiscal year thereafter, the General Assembly shall appropriate general funds and lottery funds, to the South Carolina Tuition Grants Commission for need-based tuition grants and to the Commission on Higher Education for need-based grants in equal amounts, which must not be less than the amount each received in the previous fiscal year. Beginning in Fiscal Year 2023-2024, the appropriations must be increased annually by the percentage increase in the higher education price index for the immediately preceding fiscal year, but not to exceed two and three-quarters percent each year. The Revenue and Fiscal Affairs Office shall determine the amount of the increase and submit the required appropriation to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
(B) In addition to the amounts required to be appropriated pursuant to subsection (A), beginning with the annual general appropriations act for Fiscal Year 2022-2023, and each fiscal year thereafter, the General Assembly shall appropriate to the South Carolina Tuition Grants Commission for need-based tuition grants an amount equal to the amount that the South Carolina Tuition Grants Commission received for needs-based tuition grants pursuant to Section 59-143-30 in Fiscal Year 2021-2022. The appropriation made pursuant to this section must be spent in the same manner as set forth in Section 59-143-30(A). The appropriation required pursuant to this subsection shall not factor into the requirements or calculations made pursuant to subsection (A)."
2. Section 59-143-30 of the 1976 Code is amended to read:
"Section 59-143-30. (A)(1) Until July 1, 2022, of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.
(2) The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and transferred annually into the budget of the South Carolina Tuition Grants Commission in the amount prescribed in item (1) above. The funds allocated for Palmetto Fellows Scholarships to South Carolina independent college students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and may only be awarded to eligible students attending South Carolina independent colleges.
(3) Independent colleges for purposes of this subsection means those institutions eligible to participate in the South Carolina Tuition Grants Program as defined by Section 59-113-50.
(4) Public institutions shall receive the remaining allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act.
(5) The maximum amount of funding provided for awards to students attending South Carolina independent colleges from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows scholarships shall not exceed the percentage funding calculation described under item (1) above.
(B) Beginning July 1, 2022, public institutions shall receive the entire allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this chapter or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act."
E. 1. Section 59-104-25(A) of the 1976 Code is amended to read:
"(A) A resident student who is at least a sophomore junior attending a four-year public or private institution of higher learning in this State, who is majoring in science or mathematics as defined below, and who is receiving a Palmetto Fellows Scholarship for the current year, shall receive an additional Palmetto Fellows Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants, not to exceed three thousand three hundred dollars each year for no more than three two additional years of instruction, including his sophomore junior year, if the student enrolled in a four-year degree program, or for not more than four three additional years of instruction, including his sophomore junior year, if enrolled in a five-year degree program or a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional Palmetto Fellows Scholarship stipend each year, the student must receive the underlying Palmetto Fellows Scholarship for that year and must be making acceptable progress each year toward receiving a degree in his science or mathematics major. In addition, during each of his freshman year and sophomore years, the student must have successfully completed a total of at least fourteen credit hours of instruction in mathematics courses, or life and physical science courses, or a combination of both. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student's freshman year and sophomore years, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit, count toward the fulfillment of this minimum requirement."
2. Section 59-149-15(A) of the 1976 Code is amended to read:
"(A) A resident student who is at least a sophomore junior attending a four-year public or private institution of higher learning in this State, who is majoring in science or mathematics as defined below, and who is receiving a LIFE Scholarship for the current year, shall receive an additional LIFE Scholarship stipend equal to the cost of attendance after applying all other scholarships or grants, not to exceed two thousand five hundred dollars each year for no more than three two additional years of instruction, including his sophomore junior year, if enrolled in a four-year degree program, or for not more than four three additional years of instruction, including his sophomore junior year, if enrolled in a five-year degree program or a 3 plus 2 program. In addition, during each of his freshman year and sophomore years, the student must have successfully completed a total of at least fourteen credit hours of instruction in mathematics courses, or life and physical science courses, or a combination of both. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional LIFE Scholarship stipend each year, the student must receive the underlying LIFE Scholarship for that year and must be making acceptable progress each year toward receiving a degree in his science or mathematics major. For purposes of meeting the required minimum level of instruction in mathematics and life and physical science courses during a student's freshman year and sophomore years, advanced placement courses in mathematics and life and physical sciences taken in high school on which the student scored high enough on the advanced placement test to receive credit at his institution and for which he received credit, count toward the fulfillment of this minimum requirement."
3. Chapter 142, Title 59 of the 1976 Code is amended by adding:
"Section 59-142-90. (A) Beginning with Fiscal Year 2023-2024, in addition to the funding required pursuant to Section 59-143-40, the General Assembly, in the annual general appropriations act, shall appropriate an equal amount of additional funds, to the South Carolina Tuition Grants Commission for need-based tuition grants and to the Commission on Higher Education for need-based grants for public college students. The additional amount may not be less than the amount determined pursuant to subsection (B).
(B) The Revenue and Fiscal Affairs Office, in consultation with the Commission on Higher Education, shall determine the additional amount of funds not required to be expended in Fiscal Year 2023-2024, as a result of the amendments to Section 59-104-25(A) and Section 59-149-115(B), as contained in the South Carolina Career Opportunity Access for All Act. The appropriation made pursuant to subsection (A) may not be less than this determination. The determination must be made before February fifteenth, and must be transmitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.
(C) The funds appropriated pursuant to this section are meant to supplement, not supplant, other funding to the need-based tuition grants and need-based grant program. Nothing in this section may be construed so as to prevent the General Assembly from appropriating additional funding to the programs."
4. This SUBSECTION E takes effect on July 1, 2023, and first applies to the 2023-2024 school year.
F. 1. Section 59-104-20(D) of the 1976 Code is repealed.
2. Section 59-149-150 of the 1976 Code is repealed.
3. Section 59-150-370(C) of the 1976 Code is amended to read:
"(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section."
4. The Commission on Higher Education shall adopt rules and establish procedures to, if necessary, proportionally reduce award amounts pursuant to the amendments made to Section 59-104-20, 59-149-150, and 59-150-370 in the South Carolina Career Opportunity Access for All Act.
G. Article 1, Chapter 103, Title 59 of the 1976 Code is amended by adding:
"Section 59-103-175. Notwithstanding Section 1-23-10(4), along with any other regulation, the Commission on Higher Education shall submit policy statements or rules as regulations to the General Assembly for its review pursuant to the Administrative Procedures Act."
H. (A)(1) By December 31, 2020, in accordance with the purposes and regulations of the United States Department of Education regarding the provisions of the Higher Education Opportunity Act of 2009 as it pertains to student loan default and related matters, the State Fiscal Accountability Authority (SFAA) shall utilize the state's consolidated procurement code to procure a statewide centralized vendor to administer a "Student Loan Default Aversion and Financial Literacy Program". Funding for the program must not come from new state appropriations but from existing funds held in a state-owned account of the South Carolina State Education Assistance Authority (authority). The only funds of the authority that may be utilized by SFAA for these purposes are existing funds that have been specifically held by the authority for expenditure, the purposes of which must include default aversion and financial literacy outreach activities as permitted by federal law. When procuring the vendor, the SFAA shall ensure that, at minimum, the vendor:
(a) possesses the necessary capability and experience;
(b) will perform various outreach efforts contacting delinquent student borrowers through telephone calls, emails, and other such communication methods;
(c) will make available to both higher education institutions and high schools within the State, and their students, relevant and easy to understand information regarding various financial literacy topics including, but not limited to, student loan repayment and the potential detrimental impacts of default;
(d) has the capability and experience of identifying participating colleges whose default rate is high enough that it would put the institution at risk of federal sanction and loss of federal student aid funding;
(e) will assist those colleges with development of a default management plan as required by the United States Department of Education.
(2) Funding dedicated by SFAA to fulfill the purposes of this section must be provided to attract a qualified vendor pursuant to the requirements of the state's consolidated procurement code and must be at such a level so as to ensure that the state's eligible public and independent colleges that choose to participate, may utilize the services of the vendor without cost to the institution or its students.
(B) By December 31, 2020, the Commission on Higher Education, in consultation with the state's public institutions of higher learning, including technical colleges, shall study and make recommendations to the House Education and Public Works Committee, the Senate Education Committee, the House Ways and Means Committee, and the Senate Finance Committee regarding the costs and opportunities associated with the implementation of a statewide cloud-based or other centralized college application system for students seeking admission into one or more of the state's public colleges or universities, including technical colleges. The report's examination shall include, but not necessarily be limited to, costs and benefits to the State and institutions associated with implementation of a statewide centralized application portal as well as the costs and benefits to students and parents from implementation of such a system. Additionally, the report shall examine the feasibility of, including the costs and benefits to institutions and students of, reducing, rebating, or eliminating application fees for in-state applicants if a statewide cloud-based or other centralized application system is implemented in the State. In the event the final report contains an affirmative recommendation for the State to implement a statewide centralized application portal for public college applicants, it is the intent of the General Assembly that the appropriation act for the succeeding fiscal year shall contain the necessary, but reasonable, funding for the State to procure, utilizing the state's consolidated procurement code, the design, installation, and maintenance of such a system as soon as is practicable.
I. 1. Title 59 of the 1976 Code is amended by adding:
The State Institution of Higher Education Enterprise Act
Section 59-157-110. As used in this chapter:
(1) 'Board of trustees' or 'board' means the boards of trustees of the colleges and universities listed in Section 59-101-10.
(2) 'Capital improvement' means the constructing, improving, equipping, renovating, or repairing of any buildings, structure, facility, or other permanent improvement project, or the cost of the acquisition of land to construct or establish a building, structure, facility, or permanent improvement project as defined and limited in Section 2-47-50.
(3) 'College or university' means the colleges and universities listed in Section 59-101-10.
(4) 'Enterprise activities' means athletic programs and functions, and auxiliary programs or functions, funded solely by funds not received from the general fund of the State or from undergraduate tuition, such as the programs or functions identified in Section 59-147-30, including, but not limited to, those primarily related to economic development, research, housing, food services, stores, and athletics, with each constituting an enterprise activity.
(5) 'Enterprise division' means an operational unit of a college or university created pursuant to this chapter.
(6) 'Enterprise division personnel' means all college or university employees or personnel who are allocated by the board of trustees to one or more enterprise activities and who devote a significant portion of their efforts to supporting enterprise activities.
(7) 'Procurement' has the same meaning as in Section 11-35-310(24).
(8) 'SCCPC' means the South Carolina Consolidated Procurement Code, as provided in Chapter 35, Title 11, and regulations promulgated pursuant to it.
(9) 'Transferable items' means, collectively, the duties, responsibilities, assets, personnel, and resources of, allocated to, or supporting an enterprise activity.
Section 59-157-120. (A) A board of trustees, by resolution, may establish an enterprise division for its college or university.
(B) An enterprise division created pursuant to this chapter is a constituent part of its college or university.
(C) The resolution creating the enterprise division must provide for allocation to the enterprise division of the transferable items of one or more enterprise activities as the board of trustees may consider appropriate. The board of trustees may amend the resolution from time to time to allocate transferable items to the enterprise division or to reallocate transferable items between the college or university and the enterprise division as it considers appropriate.
(D) The board of trustees may adopt a resolution assigning direct oversight and management responsibility for the enterprise division to an existing committee of the board of trustees or to a new committee established by the board of trustees, but final decision-making responsibility with respect to the governance of the enterprise division remains with the board of trustees.
Section 59-157-130. (A) The board of trustees has the same powers, duties, and responsibilities to manage and control the enterprise division as it does with other duties, responsibilities, assets, personnel, and resources of the college or university. Without limiting the foregoing, the board of trustees has the following additional authority with respect to the enterprise division:
(1) The board of trustees may purchase, lease as lessee, accept, and otherwise acquire any real and personal property and other assets upon the terms and conditions it considers appropriate. Contracts or agreements effecting or governing a purchase, lease, acceptance, or other acquisition are exempt from the provisions of Sections 1-11-55 through 1-11-65; Chapter 47, Title 2; and Section 59-103-110. The board of trustees shall provide on an annual basis a report of property acquired and any contract or agreement to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee. This report must be based on the appropriate fiscal year of the college or university and must be provided not more than ninety days after the end of the fiscal year.
(2) The board of trustees may sell, convey, lease as lessor, exchange, and otherwise dispose of any real and personal property and other assets upon the terms and conditions it considers appropriate. The proceeds derived from the sale, conveyance, lease, exchange, or disposition of any real and personal property and net of transaction costs and payment of any debts, secured by the sold, conveyed, leased, exchanged, or disposed property, must be remitted to the board to be used exclusively for the support of the enterprise division or the college or university. Contracts or agreements effecting or governing the sale, conveyance, lease, exchange, or other disposition are exempt from the provisions of Sections 1-11-55 through 1-11-65, Section 10-1-130, and Section 59-101-180, as well as state surplus property laws. The board of trustees shall provide on an annual basis a report of property disposed of pursuant to this item and any contract or agreement to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee. This report must be based on the appropriate fiscal year of the college or university and must be provided not more than ninety days after the end of the fiscal year.
(3) Without the necessity of additional approval, the board of trustees may retain the services of advisors, consultants, attorneys, accountants, and financial experts as necessary in the board of trustees' judgment in connection with any aspect of the enterprise division and determine the duties of those retained pursuant to this item and fix their compensation.
(4)(a) Upon approval and implementation by the State Department of Administration of the comprehensive human resources system for public institutions of higher learning and technical colleges pursuant to SECTION 3 of Act 74 of 2011, the board of trustees shall participate in the comprehensive human resources system for public institutions of higher learning and technical colleges, provided, however, that any existing exemptions from general state government personnel policies and applicable laws that generally regulate the state employee workforce are preserved and shall be preserved if personnel are moved into the enterprise division.
(b) The enterprise division's personnel are state employees for purposes of eligibility for participation in retirement, health insurance, and other insurance plans and programs administered by the South Carolina Public Employee Benefit Authority and for purposes of the South Carolina Tort Claims Act.
(5) The board of trustees shall establish the management controls and staffing of the enterprise division's personnel as the board considers appropriate for the prudent conduct of the enterprise division, including the establishment of an internal audit function to monitor the activities of the enterprise division.
(6) The board of trustees may enter into relationships or transactions with not-for-profit entities established, in whole or in part, to support the mission of the college or university, it being understood that a support entity is not considered an entity owned or controlled by the enterprise division or the college or university and is not subject to the laws and regulations applicable to the enterprise division. However, if a not-for-profit entity acquires a capital improvement on behalf of or for the use of the enterprise division and funds of the enterprise division or college or university are used in the acquisition, financing, construction, or current or subsequent leasing of the capital improvement, then the acquisition is subject to the provisions of the enterprise division's policies that the board adopts pursuant to this chapter.
(7) The board of trustees may issue bonds, notes, or other obligations or evidences of indebtedness in the name of the college or university and on behalf of the enterprise division in the same manner and for the same purposes, including the purposes of the enterprise division. Also, the board of trustees may utilize or benefit, as the case may be, from the provisions of the Higher Education Revenue Bond Act, as provided in Chapter 147, Title 59, and the provisions of the South Carolina Jobs-Economic Development Fund Act, as provided in Chapter 43, Title 41. This item only applies so long as the proceeds of the bonds, notes, or obligations are not utilized to fund a capital improvement project.
(B)(1) Capital improvements of the enterprise division, and the financing of these capital improvements, are exempt from the provisions of Section 1-11-180; Chapter 47, Title 2; and Section 59-103-110. The board shall provide on an annual basis a report of capital projects authorized by the board of trustees to the Governor, the Chairman of the Senate Finance Committee, the Chairman of the House Ways and Means Committee, and the Commission on Higher Education. This report must be based on the appropriate fiscal year of the college or university and must be provided not more than ninety days after the end of the fiscal year.
(2) The board of trustees must establish a review process for the consideration of any permanent improvement project proposal by the enterprise division, and the board must approve any capital improvement project as defined in Chapter 47, Title 2 in a public vote.
(3) Notwithstanding any other provision of subsection (B), after full architecture and engineering design work is completed on a permanent improvement project, but prior to execution of a construction contract, the project must be submitted to the Joint Bond Review Committee for review and comment.
(4) The exemptions provided by subsection (B) do not apply to capital improvements for athletics that expend, secure bonding with, or otherwise utilize state appropriated funds, state general obligation capital improvement bonds, student tuition, student fees, or any other student charge except for nonmandatory ticket charges to athletic events. For purposes of this item, 'state appropriated funds' excludes federal funds and other funds that do not otherwise make this subsection inapplicable.
(5) If a capital improvement project serves multiple purposes and one or more of the purposes is not an enterprise activity, thereby causing the exemptions provided by subsection (B) to not apply, then the exemptions provided by subsection (B) do not apply for the entire capital improvement project.
(C) The board of trustees shall conduct an annual audit by independent certified public accountants selected by the board of trustees, who shall review the accounts of the enterprise division and report the findings of the audit to the Governor, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways and Means Committee in accordance with generally accepted auditing standards and procedures.
(D)(1) Subject to the provisions of item (D)(2), the board of trustees shall adopt for the enterprise division a procurement policy and amend the policy as it considers appropriate. Before the implementation of the procurement policy or any amendment, the policy or amendment must be approved by the State Fiscal Accountability Authority. Thereafter, every procurement of the enterprise division is exempt from the SCCPC, and each procurement instead is subject to the procurement policy adopted by the board.
(2)(a) The procurement policy adopted by the enterprise division may not include provisions relating to telecommunications, and the enterprise division is subject to all procurement provisions relating to telecommunications and telecommunications equipment and service as set forth in the SCCPC and Section 1-11-430, unless otherwise exempt by Section 11-35-710(6).
(b) The enterprise division may not construct, own, or operate a network that carries commercial traffic, commercial Internet traffic, or K-12 traffic originated in South Carolina.
Section 59-157-140. The requirements imposed upon the college or university, its board of trustees, and the enterprise division by the provisions of this chapter may be enforced by mandamus. However, failure to comply with these requirements does not invalidate the powers granted pursuant to this chapter.
Section 59-157-150. Notwithstanding any other provision of this chapter, enterprise activities may only include athletics if the college or university's Athletics Grand Total Revenues, as reported under the Equity in Athletics Disclosure Act as required by the Higher Education Opportunity Act, Public Law 110-315, are equal to or exceed forty million dollars a year.
Section 59-157-160. Four years after the adoption of a resolution providing for the allocation to the enterprise division of the transferable items of one or more enterprise activities pursuant to this chapter, and every four years thereafter, the provisions of this chapter must be reauthorized by the adoption of a joint resolution by the General Assembly, in separate legislation and solely for that purpose. If this chapter, or any part thereof, is not reauthorized, then those provisions are no longer effective.
Section 59-157-170. It is the intent of the General Assembly to review the provisions of this chapter and to determine the merit of this pilot enterprise program after the program has been in effect for at least four years. After reviewing this chapter and making a determination, the General Assembly may consider the costs and benefits of expanding the provisions of this chapter to additional institutions of higher learning.
Section 59-157-180. Nothing in this chapter may be construed to exempt the enterprise division from the provisions of Section 59-103-35, relating to the approval of new programs by the Commission on Higher Education. Enterprise division land transactions, including leases, and permanent improvement projects are the only functions and areas removed from the jurisdiction of the Commission on Higher Education.
Section 59-157-190. Colleges and universities are exempt from the requirements of Section 2-47-50 for permanent improvement projects that are:
(1) not part of an auxiliary division, where the cost is less than five million dollars for research universities as defined in Section 11-51-30(5) and less than two million dollars for all other colleges and universities and for which no debt, capital improvement bond funds, capital reserve funds or state-appropriated funds, or state infrastructure bond funds are required to fund the project; and
(2) included in the colleges' and universities' comprehensive permanent improvement plan."
2. Section 11-35-710 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an enterprise division, if a division is established pursuant to Chapter 157, Title 59, for which the board of trustees, pursuant to Section 59-157-130(D), has adopted a procurement policy for the division that was approved by the State Fiscal Accountability Authority."
3. This SUBSECTION I takes effect upon approval by the Governor.
J. This SECTION takes effect July 1, 2021. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN spoke on the amendment.
On motion of Senator SCOTT, with unanimous consent, the amendment was withdrawn.
Senator FANNING proposed the following amendment (WAB\ 419C116.SM.WAB20), which was withdrawn:
Amend the bill, as and if amended, Section 59-150-370(C), as contained in SECTION 20.B., by deleting the subsection and inserting:
/ "(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship except that a must have graduated from high school with a minimum of a 2.75 cumulative grade point average on a 4.0 scale to be eligible to receive an SC HOPE Scholarship. A minimum Scholastic Aptitude Test (SAT) or ACT score and requisite class rank are not required for eligibility for the SC HOPE Scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section." /
Renumber sections to conform.
Amend title to conform.
Senator FANNING spoke on the amendment.
On motion of Senator FANNING, with unanimous consent, the amendment was withdrawn.
Senator FANNING spoke on the Bill.
Senator MASSEY spoke on the Bill.
On motion of Senator DAVIS, with unanimous consent, the remarks of Senator MASSEY, when reduced to writing and made available to the Desk, would be printed in the Journal.
Senator HEMBREE spoke on the Bill.
The question then was second reading of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Gambrell Goldfinch Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Leatherman Loftis Malloy Massey Matthews, John McElveen Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
Fanning Kimpson Martin McLeod
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
S. 444 (Word version) -- Senators Hembree, Davis, Shealy, Young, Climer, Gregory, Harpootlian, Bennett, Verdin, Campsen and Turner: A BILL TO AMEND SECTION 1-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT CIRCUIT COURT AND PREPARATION AND PUBLICATION OF THE DOCKET, SO AS TO CLARIFY THE ROLE OF THE CIRCUIT SOLICITOR IN THE DEVELOPMENT, DISSEMINATION, AND EXECUTION OF THE GENERAL SESSIONS COURT DOCKET PLAN; TO PROVIDE THAT THE ABILITY OF THE CIRCUIT SOLICITOR TO ADMINISTER THE DOCKET MAY NOT INTERFERE WITH A DEFENDANT'S RIGHT TO A SPEEDY TRIAL; TO ALLOW FOR THE CIRCUIT COURT TO RULE ON CASES AND CONTROVERSIES ARISING FROM THE ADMINISTRATION OF THE DOCKET; AND TO PRESERVE ALL CRIME VICTIMS' CONSTITUTIONAL RIGHTS.
On motion of Senator MALLOY, the Bill was recommitted to Committee on Judiciary.
S. 461 (Word version) -- Senators Sheheen, Gambrell, Alexander and Cash: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM THE INDIVIDUAL INCOME TAX, SO AS TO INCREASE THE DEDUCTION FOR CERTAIN FIREFIGHTERS, LAW ENFORCEMENT OFFICIALS, AND MEMBERS OF THE STATE GUARD FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS.
The Senate proceeded to the consideration of the Bill.
The Committee on Finance proposed the following amendment (PH\461C001.JN.PH20), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2019. /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the committee amendment.
The amendment was adopted.
Senator SCOTT proposed the following amendment (461R001.SP.JS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION __. Section 12-6-1140(10)(a) of the 1976 Code is amended to read:
"(10)(a) A deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, Department of Natural Resources deputy enforcement officer, a member of the State Guard, a member of the Joint Service Detachment, or a volunteer state constable appointed pursuant to Section 23-1-60 for the purpose of assisting named law enforcement agencies and who has been designated by the State Law Enforcement Division as a state constable not otherwise eligible for this exemption." /
Renumber sections to conform.
Amend title to conform.
Senator SCOTT explained the amendment.
The amendment was adopted.
On motion of Senator MASSEY, the Bill was carried over.
H. 3998 (Word version) -- Reps. Bannister, Bernstein, Crawford, Pendarvis, Garvin, Herbkersman, Hosey, Alexander, Bales, Stavrinakis, Cogswell, Whitmire, Norrell, Cobb-Hunter, Dillard, Elliott, Moore, Mack, Rutherford, Govan, Bennett, Clemmons, Funderburk, Hayes, McDaniel, Ridgeway, G.M. Smith, G.R. Smith, Sottile, Weeks, Wheeler, S. Williams, Davis, Rivers, Brown, Jefferson, R. Williams, Henderson-Myers, Matthews and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "WORKFORCE AND SENIOR AFFORDABLE HOUSING ACT" BY ADDING SECTION 12-6-3795 SO AS TO ALLOW A TAXPAYER ELIGIBLE FOR A FEDERAL LOW-INCOME HOUSING TAX CREDIT TO CLAIM A LOW-INCOME STATE TAX CREDIT.
The Senate proceeded to the consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\3998C001.NBD.DG20), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3795. (A) As used in this section:
(1) 'Eligibility statement' means a statement authorized and issued by the South Carolina Housing and Finance Development Authority certifying that a given project qualifies for the South Carolina housing tax credit.
(2) 'Federal housing tax credit' means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended.
(3) 'Median income' means those incomes that are determined by the federal Department of Housing and Urban Development guidelines and adjusted for family size.
(4) 'Project' means a housing project that has restricted rents that do not exceed thirty percent of income for at least forty percent of its units occupied by persons or families having incomes of sixty percent or less of the median income, or at least twenty percent of the units occupied by persons or families having incomes of fifty percent or less of the median income.
(5) 'Qualified project' means a qualified low-income building as that term is defined in Section 42 of the Internal Revenue Code of 1986, as amended, that is located in South Carolina and receives approval for tax credits from the South Carolina Housing and Finance Development Authority provided pursuant to this section.
(6) 'Taxpayer' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity that is subject to South Carolina taxes pursuant to Section 12-6-510, Section 12-6-530, Chapter 11, Title 12, or Chapter 7, Title 38. (B)(1) A state tax credit pursuant to this section may be claimed against income taxes imposed by Section 12-6-510 or 12-6-530, bank taxes imposed pursuant to Chapter 11, Title 12, corporate license fees imposed pursuant to Chapter 20, Title 12, and insurance premium and retaliatory taxes imposed pursuant to Chapter 7, Title 38, to be termed the South Carolina housing tax credit, and is allowed with respect to each qualified project placed in service after January 1, 2020, and before December 31, 2030, in an amount equal to the federal housing tax credit allowed with respect to such qualified project. In computing a tax payable by a taxpayer pursuant to Section 38-7-90, the credit allowed pursuant to this section must be treated as a premium tax paid pursuant to Section 38-7-20.
(2)(a) If under Section 42 of the Internal Revenue Code of 1986, as amended, a portion of any federal housing tax credit taken on a project is required to be recaptured, the taxpayer claiming any state tax credit with respect to such project is also required to recapture a portion of any state tax credit authorized by this section. The state recapture amount is equal to the proportion of the state tax credit claimed by the taxpayer that equals the proportion the federal recapture amount bears to the original federal housing tax credit amount subject to recapture.
(b) In the event that recapture of any South Carolina housing tax credit is required, any amended return submitted to the department, as provided in this section, shall include the proportion of the state tax credit required to be recaptured, the identity of each taxpayer subject to the recapture, and the amount of tax credit previously allocated to such taxpayer.
(3) The total amount of the tax credit allowed by this section for a taxable year may not exceed the taxpayer's income tax liability. Any unused tax credit may be carried forward to apply to the taxpayer's next five succeeding years' tax liability. The taxpayer may not apply the credit against any prior tax years' tax liability.
(4) The tax credit allowed by this section, and any recaptured tax credit, must be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, regardless of whether such persons are allocated or allowed any portion of the federal housing tax credit with respect to the project.
(C)(1) The authority shall promulgate rules establishing criteria upon which the eligibility statements are issued which must include consideration of evidence of local support for the project. The eligibility statement must specify the amount of the South Carolina housing tax credit allowed.
(2) The authority may not issue an eligibility statement until the taxpayer provides a report to the authority detailing how the state credit authorized by this section will benefit the tenants of the project, once placed in service, including, but not limited to, reduced rent, or why the state credit authorized by this section is necessary to undertake the project.
(D) The department, in consultation with the South Carolina State Housing Finance and Development Authority, may adopt rules and policies necessary to implement and administer the provisions of this section." /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the committee amendment.
The amendment was adopted.
Senators JACKSON and ALEXANDER proposed the following amendment (SA\3998C002.RT.SA19), which was withdrawn:
Amend the bill, as and if amended, SECTION 2, by striking Section 12-6-3795(D) and inserting:
/ (D) The total amount of credits allowed for all taxpayers in all taxable years may not exceed in the aggregate, two million dollars. If the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this subsection, the credits must be determined on a pro rata basis." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator JACKSON, with unanimous consent, the amendment was withdrawn.
Senator JACKSON proposed the following amendment (SA\ 3998C001.RT.SA19), which was withdrawn:
Amend the bill, as and if amended, SECTION 2, by striking Section 12-6-3795(D) and inserting:
/ (D) The total amount of credits allowed for all taxpayers in all taxable years may not exceed in the aggregate, two million dollars. If the total amount of tax credits which may be claimed by all taxpayers exceeds the total amount of tax credits authorized by this subsection, the credits must be determined on a pro rata basis." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator JACKSON, with unanimous consent, the amendment was withdrawn.
Senator CAMPBELL proposed the following amendment (3998R002.KMM.PGC), which was withdrawn:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION __. Section 31-6-30(6) of the 1976 Code is amended to read:
"(6) 'Redevelopment project' means any buildings, improvements, including street, road, and highway improvements, water, sewer and storm drainage facilities, parking facilities, tourism and recreation-related facilities, energy production or transmission infrastructure, communications technology, and public transportation infrastructure including, but not limited to, rail and airport facilities. Any project or undertaking authorized under Section 6-21-50 also may qualify as a redevelopment project under this chapter. All the projects are to be publicly owned. A redevelopment may be located outside of the redevelopment area provided the municipality makes specific findings of benefit to the redevelopment project area and the project area is located within the municipal limits. A redevelopment project for purposes of this chapter also includes affordable housing projects where all or a part of new property tax revenues generated in the tax increment financing district are used to provide or support publicly and privately owned affordable housing in the district or is used to provide infrastructure projects to support publicly and privately owned affordable housing in the district. The term 'affordable housing' as used herein means residential housing for rent or sale that is appropriately priced for rent or sale to a person or family whose income does not exceed eighty percent of the median income for the local area, with adjustments for household size, according to the latest figures available from the United States Department of Housing and Urban Development (HUD)." /
Renumber sections to conform.
Amend title to conform.
On motion of Senator CAMPBELL, with unanimous consent, the amendment was withdrawn.
Senator LEATHERMAN spoke on the Bill.
The Bill was read the second time, passed and ordered to a third reading.
Senator MARTIN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
S. 754 (Word version) -- Senators Hembree, Nicholson and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-49-35 SO AS TO REQUIRE CERTAIN TRAINING OF THE BOARD OF TRUSTEES OF THE JOHN DE LA HOWE SCHOOL; BY ADDING SECTION 59-49-85 SO AS TO PROVIDE QUALIFICATIONS OF THE SCHOOL'S FACULTY; BY ADDING SECTION 59-49-112 SO AS TO PROVIDE THE BOARD SHALL ESTABLISH THE STANDARD COURSE OF STUDY OF THE SCHOOL; BY ADDING SECTION 59-49-115 SO AS TO PROVIDE FOR THE AWARDING OF DIPLOMAS; BY ADDING SECTION 59-49-117 SO AS TO PROVIDE ADMISSIONS REQUIREMENTS OF STUDENTS; BY ADDING SECTION 59-49-135 SO AS TO PROVIDE THE BOARD SHALL ESTABLISH A FOUNDATION AND MAINTAIN AN ENDOWMENT FUND FOR THE SCHOOL; BY ADDING SECTION 59-49-160 SO AS TO PROVIDE THE BOARD MAY EMPLOY CAMPUS POLICE, TO PROVIDE QUALIFICATIONS AND OTHER REQUIREMENTS OF THESE CAMPUS POLICE, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN MOTOR VEHICLE LAWS ON CAMPUS, AND TO PROVIDE THE BOARD MAY PROMULGATE CERTAIN RELATED REGULATIONS; TO AMEND SECTION 59-49-10, RELATING TO THE ESTABLISHMENT OF THE JOHN DE LA HOWE SCHOOL, SO AS TO RENAME AND REESTABLISH THE SCHOOL AS THE GOVERNOR'S SCHOOL FOR AGRICULTURE AT JOHN DE LA HOWE, AND TO PROVIDE THE PURPOSE OF THE SCHOOL; TO AMEND SECTION 59-49-20, RELATING TO THE BOARD OF TRUSTEES, SO AS TO ADD CERTAIN EX OFFICIO MEMBERS; TO AMEND SECTION 59-49-30, RELATING TO REMOVAL OF BOARD MEMBERS BY THE GOVERNOR FOR CAUSE, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 59-49-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND SECTION 59-49-70, RELATING TO THE DECLARATION OF THE SCHOOL AS A BODY POLITIC, SO AS TO MAKE CONFORMING CHANGES CONCERNING THE RENAMING OF THE SCHOOL; TO AMEND SECTION 59-49-100, RELATING TO THE PURPOSE OF THE SCHOOL, SO AS TO PROVIDE ADDITIONAL ADMISSIONS CRITERIA; TO AMEND SECTION 59-49-110, RELATING TO THE CONDUCT OF FORESTRY AND FARM PRACTICES BY THE SCHOOL AND USE OF REVENUE DERIVED FROM THESE PRACTICES, SO AS TO PROVIDE THE SCHOOL SHALL SERVE AS A DEMONSTRATION FARM AND PROVIDE INSTRUCTION AND SUPPORT TO FARMERS AND PERSONS WORKING IN, OR WHO HAVE AN INTEREST IN, THE BUSINESS OF AGRICULTURE; TO AMEND SECTION 59-49-130, RELATING TO OBSOLETE PROVISIONS CONCERNING THE USE OF INCOME DERIVED FROM CERTAIN ENDEAVORS, SO AS TO PROVIDE FOR THE USE OF INCOME DERIVED FROM CERTAIN CURRENT ENDEAVORS OF THE SCHOOL; AND TO AMEND SECTION 59-49-150, RELATING TO EXPENSES OF STUDENTS, SO AS TO PROVIDE STUDENTS WHO ARE LEGAL RESIDENTS OF THIS STATE ARE NOT REQUIRED TO PAY TUITION BUT SHALL PAY CERTAIN FEES FOR MAINTENANCE AND FOOD SERVICES UNLESS THEY MEET CERTAIN POVERTY REQUIREMENTS, AND TO PROVIDE ALL OUT-OF-STATE AND FOREIGN EXCHANGE STUDENTS WHO ATTEND THE SCHOOL SHALL PAY TUITION AND CERTAIN FEES FOR MAINTENANCE AND FOOD SERVICES.
The Senate proceeded to the consideration of the Bill.
The Committee on Education proposed the following amendment (WAB\754C003.SM.WAB20), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-35. (A) All members of the board of trustees shall complete successfully a training program on the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, school leadership and board relations, student programs, finance, school law, ethics, and community relations, as determined by the board of trustees. Training regarding how best to serve the students in their care also must be provided.
(B) Within one year of taking office, all persons elected as members of the board of trustees after July 1, 2018, also must complete the training prescribed in subsection (A)."
SECTION 2. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-85. (A) The agricultural and natural resources instructional program may use part-time or full-time faculty members who hold advanced degrees or extensive professional experience in the agricultural and natural resources industry and whose professional expertise can be demonstrated by their training and accomplishments as recognized by state or national organizations and affiliations. As an alternative to traditional certification, these faculty members shall participate annually in professional development programs approved by the president and the board of trustees. Pursuant to this chapter, the board of trustees shall adopt policies and regulations governing development of the agricultural and natural resources instructional program.
(B) The academic program must be comprised of faculty who hold one or more degrees in the specific subject to be taught and who must have achieved traditional state certification in the area of instruction. Teacher certification must be maintained pursuant to state law and regulations.
(C) The president and the board will determine the salary scale of teachers and administrators of the school, not to exceed the highest salaries of any public school district in the State for those designated positions."
SECTION 3. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-112. The board shall establish the standard course of study for the school. This course of study must include instruction in the areas that constitute the usual high school curriculum and provide in-depth instruction in agriculture, natural resources, and biotechnology."
SECTION 4. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-115. The students enrolled in the school who earn a total of twenty-four units of credit distributed as specified in the Defined Minimum Program for South Carolina school districts and who meet the school's requirements for graduation are eligible to receive a state high school diploma. The board, in its discretion, may issue its own high school diploma for students that exceed the state requirements for a high school diploma."
SECTION 5. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-117. The school shall admit students in accordance with the admission criteria, standards, and procedures as established and approved by the board. To be eligible for admission to the school, an applicant must be a legal resident of South Carolina, unless the board of trustees establishes a special exemption to accept out-of-state or international exchange students. Students must have a career interest in an agricultural or natural resources field and possess a high level of commitment, motivation, and maturity."
SECTION 6. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-135. (A) The board shall establish a foundation and maintain an endowment fund for the school that has the primary purpose of raising funds to support the furtherance of the school's mission, goals, and objectives.
(B) 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) The endowment fund must adopt an annual operations and capital budget. The endowment fund budget and its fundraising goals must exclusively be based on the operation and capital goals of the school as provided by the board in consultation with the school president.
(D) Prior to taking any action, including fundraising, on behalf of the school, the board and the endowment fund must enter into a written agreement detailing the corresponding rights, duties, and responsibilities of the endowment fund."
SECTION 7. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-160. (A) The board of trustees may employ campus police to police the buildings and grounds of the school. These campus police shall work under the supervision of the South Carolina Law Enforcement Division and may not enter into such employment unless and until they have been appointed Governor's constables with general authority as peace officers.
(B) All traffic laws of the State are in full force and effect on the streets and roads of the school, whether such streets and roads are considered public or private.
(C) The board may promulgate reasonable additional regulations relating to vehicular traffic within the grounds of the school including, but not limited to, parking of vehicles and reduced vehicular speeds, notwithstanding any other provision of law, and to provide penalties for violations of these regulations, not to exceed a fine of one hundred dollars. These regulations have the full force and effect of law and violations of them are triable in magistrates court. The board also may charge parking fees, issue parking passes, and erect gates and guard houses to control entry to the campus."
SECTION 8. Section 59-49-10 of the 1976 Code is amended to read:
"Section 59-49-10. There is hereby established under the provisions of this chapter an institution to be known as the John De La Howe School (A) There is established the Governor's School for Agriculture at John de la Howe to provide training for students who have a career aptitude in agriculture, agribusiness, natural resources, and biotechnology. It also will serve as a research and resource center for students and conduct adult education programs for teachers, farmers, and persons involved in the industry of agricultural and natural resources. This residential and day school shall provide intensive preprofessional and professional instruction in agriculture that a student may complete to satisfy the requirements for a high school diploma and be prepared for college-level study.
(B) The school is named the Governor's School for Agriculture at John de la Howe."
SECTION 9. Section 59-49-20 of the 1976 Code is amended to read:
"Section 59-49-20. (A) The business, property, and affairs of the school must be under the control of a board of trustees, consisting of nine members, appointed by the Governor, subject to confirmation by the Senate. The terms of the members of the board must be for terms of five years. Appointments to fill vacancies must be for the remainder of the terms in the same manner of original appointments.
(B) The following shall serve as nonvoting ex officio members of the board:
(1) the Dean of the College of Agriculture at Clemson University or his designee;
(2) the Dean of the College of Education at Clemson University or his designee;
(3) the Dean of the School of Business at South Carolina State University or his designee;
(4) the Chair of the Department of Accounting, Agribusiness, and Economics at South Carolina State University or his designee;
(5) the State Superintendent of Education or his designee; and
(6) the Chair of the Agriculture Program at Piedmont Technical College and the President of Piedmont Technical College."
SECTION 10. Section 59-49-30 of the 1976 Code is amended to read:
"Section 59-49-30. The members of the board may at any time be removed by the Governor for good cause The Governor may remove the members of the board for good cause at any time. The failure of any member of the board to attend at least one meeting thereof in any year, unless excused by formal vote of the board, may be construed by the Governor as the resignation of such nonattending member."
SECTION 11. Section 59-49-40 of the 1976 Code is amended to read:
"Section 59-49-40. The said board shall meet quarterly and oftener more often as may be required, at least one meeting each year being. Meetings should be held at the school."
SECTION 12. Section 59-49-70 of the 1976 Code is amended to read:
"Section 59-49-70. The Governor's School for Agriculture at John de la Howe School is hereby declared to be a body corporate and, as such, may sue and be sued and plead and be impleaded in its corporate name, may have and use a proper seal, which it may alter at its pleasure and may acquire by purchase, deed, devise, lease for a term of years, bequest or otherwise such property, real and personal, in fee simple without limitations as may be necessary or proper for carrying out the purposes of its organization as herein declared."
SECTION 13. Section 59-49-100 of the 1976 Code is amended to read:
"Section 59-49-100. (A) It is declared to be the purpose and policy of the State to maintain and develop the school property in accordance with the purposes of the will of Dr. John de la Howe as interpreted by the Supreme Court of South Carolina, Mars v. Gibert, 93 SC 455, which for historical reference reads: 'First, the establishment and maintenance of an agricultural and mechanical school as an institution in Abbeville County, stimulating and improving the industrial life of the entire community; second, the training, free of charge, of twenty-four boys and girls, not as college men and women, but in the beginning of school life; and, third, the like training of the children of the neighborhood not supported by the fund.' It is declared that the term 'Abbeville County' shall be understood to mean that portion of South Carolina known as Abbeville County at the time the will of Dr. John de la Howe was dated, namely January 2, 1797. The property is now in McCormick County. It is further declared that, given the above historical perspective, the board of Trustees of John de la Howe School shall instruct the superintendent president of the school to implement programs which shall meet the needs of children from all of South Carolina who for some urgent reason need to be separated from their home or community who have an interest in agriculture, biotechnology, and natural resources.
(B) Under the provisions of the will and the bequest accepted by the State of South Carolina, the school must 'educate twelve poor boys and twelve poor girls'. To meet this requirement, the school shall use the current measures of poverty as defined by the State Department of Education.
(C) Also under the provisions of the will and the subsequent bequest, the board may allow local students to attend as day students provided they meet the admissions requirements. The board will determine equity of admissions statewide."
SECTION 14. Section 59-49-110 of the 1976 Code is amended to read:
"Section 59-49-110. (A) The trustees of the John De La Howe school may carry out improved forestry and farm practices on the timber holdings and farmland of the school property and apply the revenues derived from them and any other revenue source on the property for the further improvement and development of the school forest and farmlands and for other school purposes.
(B) The school shall serve as a demonstration farm and shall provide instruction and support to farmers and persons working in, or who have an interest in, the business of agriculture."
SECTION 15. Section 59-49-130 of the 1976 Code is amended to read:
"Section 59-49-130. The John De La Howe School may use all moneys received by it through condemnation or otherwise for land and other properties of the school used in connection with the development of what is known as the Clark's Hill Project or for the development of any other similar project in the construction, erection and building of permanent improvements of and for the school and for the equipping of such improvements All income that the school receives from the sale of timber or farm products and from programs and events held on campus must be used for the construction, erection, and building of permanent improvements at the school and for maintaining and equipping of capital improvements."
SECTION 16. Section 59-49-150 of the 1976 Code is amended to read:
"Section 59-49-150. Pupils at the school whose estates are sufficient or the relatives of the pupils liable in law for their support whose estates are sufficient shall pay for the maintenance of the pupils in whole or in part. Policies concerning the manner and method of determining financial ability and the collecting and retention of amounts required to be paid must be determined by the Board of Trustees, in accordance with state policy A student who is a legal resident of this State may attend the school without paying tuition, but may pay fees for maintenance and food services unless he meets the poverty requirements as defined in the will of John de la Howe and by current rules or regulations of the State Department of Education defining measures of poverty. Notwithstanding these provisions, all out-of-state and international exchange students admitted to the school shall pay tuition and fees for maintenance and food services as determined by the board."
SECTION 17. This act takes effect upon approval of the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HEMBREE explained the committee amendment.
The amendment was adopted.
Senator MALLOY proposed the following amendment (754R001.SP.GM), which was adopted:
Amend the bill, as and if amended, by deleting SECTION 6 in its entirety and inserting:
/SECTION 6. Chapter 49, Title 59 of the 1976 Code is amended by adding:
"Section 59-49-135. (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, be hired by the head of the school, and serve at his pleasure with a salary that shall be set by the board. 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.
(B) 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, 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, and prior to any subsequent proposed material changes to the budget. 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, including fundraising, on behalf of the school, 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 explained the amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 909 (Word version) -- Senators Gambrell and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-10-108 SO AS TO PROVIDE CIRCUMSTANCES IN WHICH PROFESSIONAL EMPLOYER ORGANIZATIONS MAY BE ELIGIBLE FOR CERTAIN TAX CREDITS AND ECONOMIC INCENTIVES UNDER THE ENTERPRISE ZONE ACT OF 1995; BY ADDING SECTION 40-68-145 SO AS TO PROVIDE FOR THE DETERMINATION OF TAX CREDITS AND ECONOMIC INCENTIVES BASED ON EMPLOYMENT WITH RESPECT TO CLIENT COMPANIES OF PROFESSIONAL EMPLOYER ORGANIZATIONS; TO AMEND SECTION 40-68-55, RELATING TO THE ABILITY OF THE DEPARTMENT OF INSURANCE TO REGULATE THE ACCEPTANCE OF AFFIDAVIT OR CERTIFICATION OF APPROVAL OF QUALIFIED ASSURANCE ORGANIZATIONS, SO AS TO DELETE THE REQUIREMENT THAT THESE FUNCTIONS BE PROVIDED BY REGULATION; TO AMEND SECTION 40-68-60, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND ASSIGNED EMPLOYEES, SO AS TO PROVIDE ORGANIZATIONS SHALL PROVIDE ASSIGNED EMPLOYEES WITH CERTAIN WRITTEN NOTICE OF HOW THE AGREEMENT AFFECTS THEM; TO AMEND SECTION 40-68-70, RELATING TO THE REQUIREMENTS OF PROFESSIONAL EMPLOYMENT ORGANIZATION SERVICES AGREEMENTS BETWEEN PROFESSIONAL EMPLOYER ORGANIZATIONS AND CLIENT COMPANIES, SO AS TO PROVIDE THAT THE TERMS OF THE AGREEMENT MUST BE ESTABLISHED BY WRITTEN CONTRACT; AND TO AMEND SECTION 40-68-150, RELATING TO CERTAIN PROHIBITED ACTS, SO AS TO PROVIDE PROFESSIONAL EMPLOYER ORGANIZATIONS SHALL NOT ENGAGE IN THE SALE OF INSURANCE OR ACT AS THIRD PARTY ADMINISTRATORS, AND TO PROVIDE THAT THE SPONSORING AND MAINTAINING OF EMPLOYEE BENEFIT PLANS FOR THE BENEFIT OF ASSIGNED EMPLOYEES DOES NOT CONSTITUTE THE SALE OF INSURANCE.
The Senate proceeded to the consideration of the Bill.
Senator BENNETT explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 3200 (Word version) -- Reps. Henderson-Myers, Allison, Bernstein, Govan, Ridgeway, Clyburn, Brawley, McDaniel, Cogswell, Caskey, Norrell and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA LACTATION SUPPORT ACT" BY ADDING SECTION 41-1-130 SO AS TO DEFINE NECESSARY DEFINITIONS, TO PROVIDE EMPLOYERS DAILY SHALL PROVIDE EMPLOYEES WITH REASONABLE UNPAID BREAK TIME OR SHALL PERMIT EMPLOYEES TO USE PAID BREAK TIME OR MEAL TIME TO EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS SHALL MAKE REASONABLE EFFORTS TO PROVIDE CERTAIN AREAS WHERE EMPLOYEES MAY EXPRESS BREAST MILK, TO PROVIDE EMPLOYERS MAY NOT DISCRIMINATE AGAINST EMPLOYEES FOR CHOOSING TO EXPRESS BREAST MILK IN THE WORKPLACE IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT, AND TO PROVIDE REMEDIES FOR VIOLATIONS; AND TO PROVIDE RELATED FINDINGS AND EXPRESS RELATED POLICIES.
On motion of Senator MASSEY, the Bill was carried over.
H. 4246 (Word version) -- Reps. Sandifer and Thayer: A BILL TO AMEND ACT 60 OF 2017, RELATING TO CRIMINAL BACKGROUND CHECKS BY THE REAL ESTATE COMMISSION, SO AS TO CHANGE THE TIME EFFECTIVE DATE TO JULY 1, 2020.
The Senate proceeded to the consideration of the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 4327 (Word version) -- Reps. R. Williams, Jefferson, Ott, Magnuson, Chumley and Burns: A BILL TO AMEND SECTION 6-9-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INAPPLICABILITY OF CERTAIN BUILDING CODES ON FARM STRUCTURES, SO AS TO REVISE THE DEFINITION OF "FARM STRUCTURE" FOR PURPOSES OF THIS SECTION.
On motion of Senator BENNETT, the Bill was carried over.
S. 866 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 5-15-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR CONTESTING THE RESULTS OF MUNICIPAL ELECTIONS, SO AS TO ALLOW THE COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS TO SERVE AS APPROPRIATE ELECTION AUTHORITIES FOR PURPOSES OF INITIATING OR HEARING MUNICIPAL ELECTION CONTESTS; AND TO AMEND SECTION 5-15-145, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO UPDATE REFERENCES TO COUNTY BOARDS OF VOTER REGISTRATION AND ELECTIONS.
The Senate proceeded to the consideration of the Bill.
Senator CAMPSEN explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 1026 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-190 OF THE 1976 CODE, RELATING TO THE REGISTRATION AND LICENSURE OF VEHICLES BY THE DEPARTMENT OF MOTOR VEHICLES, TO PROVIDE THAT IF A COMMERCIAL MOTOR VEHICLE IS REGISTERED THROUGH THE INTERNATIONAL REGISTRATION PLAN AND IS OPERATED UNDER A UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) NUMBER ASSIGNED TO A PERSON OTHER THAN THE VEHICLE'S OWNER, THEN THE PERSON TO WHOM THE USDOT NUMBER IS ASSIGNED MAY REGISTER THE COMMERCIAL MOTOR VEHICLE BY SUBMITTING THE APPROPRIATE APPLICATION AND FEES TO THE DEPARTMENT OF MOTOR VEHICLES.
The Senate proceeded to the consideration of the Bill.
Senator GROOMS explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 3029 (Word version) -- Reps. Fry, B. Newton, Crawford and Clemmons: A BILL TO AMEND SECTION 7-17-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE EXECUTIVE COMMITTEES TO HEAR CERTAIN PROTESTS AND CONTESTS, SO AS TO REQUIRE THE STATE EXECUTIVE COMMITTEES ALSO TO HEAR PROTESTS AND CONTESTS IN THE CASE OF COUNTY OFFICERS AND LESS THAN COUNTY OFFICERS; AND TO REPEAL SECTIONS 7-17-530, 7-17-540, AND 7-17-550 RELATING TO HEARINGS BY COUNTY EXECUTIVE COMMITTEES AND APPEALS FROM DECISIONS OF COUNTY EXECUTIVE COMMITTEES.
The Senate proceeded to the consideration of the Bill.
The Committee on Judiciary proposed the following amendment (JUD3029.002):
Amend the bill, as and if amended, page 1, by striking line 34, in Section 7-17-560, as contained in SECTION 1 and inserting therein the following:
/ Representatives, and county officers, involving more than one /
Renumber sections to conform.
Amend title to conform.
Senator CAMPSEN explained the committee amendment.
On motion of Senator MALLOY, the Bill was carried over.
S. 881 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSURANCE CREDITS, SO AS TO, AMONG OTHER THINGS, ADOPT THE RECIPROCAL JURISDICTION AMENDMENT FROM THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS (NAIC) MODEL LAW AND TO MAKE OTHER CONFORMING CHANGES; AND TO AMEND SECTION 38-9-210, AS AMENDED, RELATING TO THE REDUCTION FROM LIABILITY FOR REINSURANCE, SO AS TO CORRECT A STATUTORY REFERENCE.
On motion of Senator KIMPSON, the Bill was carried over.
S. 882 (Word version) -- Senators Cromer and Bennett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA PRIVATE FLOOD INSURANCE ACT" BY ADDING CHAPTER 101 TO TITLE 38 SO AS TO ADVANCE DIFFERENT FLOOD INSURANCE COVERAGES FOR THE BENEFIT OF CONSUMERS AND INSURERS.
The Senate proceeded to the consideration of the Bill.
The Committee on Banking and Insurance proposed the following amendment (PH\882C001.JN.PH20), which was adopted:
Amend the bill, as and if amended, SECTION 2, page 3, Section 38-101-40, by striking lines 1 through 16 and inserting:
/ (d) cancellation provisions that are as restrictive as the provisions contained in a standard flood insurance policy under the NFIP.
(2) Nonstandard flood insurance, which may, but is not required to, provide coverage designed to supplement a flood policy obtained from the NFIP or from an insurer issuing standard flood insurance pursuant to this section. This includes any other policy issued for the coverage of flood that does not meet the definition of a standard flood insurance policy as defined above. Nonstandard flood insurance also includes policies that have a broader definition of flood than that provided for in Section 38-101-20(1) and discretionary acceptance private flood insurance as provided for in 12 C.F.R. Part 208.25.
(B) Flood insurance deductibles and policy limits must be prominently noted on the policy declarations page or face page of the policy at issuance and renewal in at least ten-point font. /
Amend the bill further, SECTION 2, page 6, by striking Section 38-101-110(C) and inserting:
/ (C) An insurer or agency who knowingly (1) misrepresents that a flood policy, contract, or endorsement is certified pursuant to this chapter or (2) misrepresents the scope of the coverage of the flood insurance policy, contract, or endorsement commits an unfair or deceptive act pursuant to Section 38-57-10, et seq. and is subject to the penalties set forth in this chapter. /
Renumber sections to conform.
Amend title to conform.
Senator BENNETT explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 980 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 44-21-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS, SO AS TO UPDATE THE NAMES OF THOSE AUTHORIZED TO FULFILL THE ROLE OF REGIONAL TERTIARY LEVEL DEVELOPMENTAL EVALUATION CENTERS.
The Senate proceeded to the consideration of the Bill.
Senator VERDIN explained the Bill.
On motion of Senator SETZLER, the Bill was carried over.
S. 690 (Word version) -- Senators Campsen, Senn, Davis and Campbell: A BILL TO AMEND SECTION 48-22-40 OF THE 1976 CODE, RELATING TO THE DUTIES OF THE SOUTH CAROLINA GEOLOGICAL SURVEY UNIT OF THE DEPARTMENT OF NATURAL RESOURCES, TO AUTHORIZE THE DIVISION TO CONDUCT TOPOGRAPHIC MAPPING USING LIGHT DETECTION AND RANGING (LiDAR) DATA COLLECTIONS TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL EMERGENCY MANAGEMENT AGENCY STANDARDS, TO REQUIRE THE DIVISION TO PROVIDE THIS INFORMATION TO THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES FLOOD MITIGATION PROGRAM, AND TO REQUIRE THAT THE TOPOGRAPHIC MAPS BE MADE AVAILABLE TO THE PUBLIC ON THE DEPARTMENT OF NATURAL RESOURCES' WEBSITE.
The Senate proceeded to the consideration of the Bill.
The Committee on Agriculture and Natural Resources proposed the following amendment (690R001.KMM.PGC), which was adopted:
Amend the bill, as and if amended, page 1, by striking line 33 and inserting:
/ranging (LiDAR) data collections at least every seven years and share /
Amend the bill further, as and if amended, page 2, by striking line 4 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor, subject to funding in the annual general appropriations act. /
Renumber sections to conform.
Amend title to conform.
Senator GOLDFINCH explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 868 (Word version) -- Senators Campsen and Campbell: A BILL TO AMEND SECTION 48-39-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S BEACH PRESERVATION POLICY, SO AS TO APPLY CERTAIN EXCEPTIONS TO THE ESTABLISHMENT OF A BASELINE FOR COASTAL EROSION ZONES AND TO REMOVE THE STUDY REQUIREMENT IN CASES WHERE PRIMARY OCEANFRONT SAND DUNES DO NOT EXIST.
The Senate proceeded to the consideration of the Bill.
The Committee on Agriculture and Natural Resources proposed the following amendment (868R001.KMM.PGC), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 34-37 and inserting:
/ (b) If there is no primary oceanfront sand dune, then the baseline must be established at whichever is further landward of the following:
(i) the most seaward of the locations specified in item (4); or
(ii) the landward edge of the active beach. /
Renumber sections to conform.
Amend title to conform.
Senator GOLDFINCH explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 4811 (Word version) -- Reps. Bailey, Hewitt, Hardee, Clemmons, Forrest, Hixon and Ligon: A BILL TO AMEND SECTION 48-39-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE, SO AS TO ALLOW FOR THE PLACEMENT OF SHORELINE PERPENDICULAR WINGWALLS THAT EXTEND LANDWARD FROM THE ENDS OF EXISTING EROSION CONTROL STRUCTURES OR DEVICES.
The Senate proceeded to the consideration of the Bill.
Senator GOLDFINCH explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 1069 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO CONTRACTOR PERFORMANCE EVALUATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4916, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to the consideration of the Resolution.
Senator GROOMS explained the Resolution.
On motion of Senator RICE, the Resolution was carried over.
S. 1070 (Word version) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The Senate proceeded to the consideration of the Resolution.
Senator GROOMS explained the Resolution.
On motion of Senator GROOMS, the Resolution was carried over.
S. 9 (Word version) -- Senators Peeler, Johnson, Rice, Gregory, Turner, Bennett, Climer, Grooms and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN IT IS LAWFUL TO DRIVE A VEHICLE IN THE LEFT LANE OF AN INTERSTATE HIGHWAY, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH A TRAFFIC TICKET MAY BE ISSUED FOR THE VIOLATION OF THIS PROVISION.
The Senate proceeded to the consideration of the Bill.
Senator GROOMS explained the Bill.
The Bill was read the second time, passed and ordered to a third reading.
Senator YOUNG asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
Senator CORBIN desired to be recorded as voting against the second reading of the Bill.
S. 545 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 12-43-335(A) OF THE 1976 CODE, RELATING TO ASSESSING THE PROPERTY OF MERCHANTS AND OTHER RELATED BUSINESSES, TO REQUIRE THE DEPARTMENT OF REVENUE TO FOLLOW CERTAIN NORTH AMERICAN CLASSIFICATION SYSTEM MANUAL PROVISIONS; AND TO REPEAL SECTION 12-39-70 OF THE 1976 CODE, RELATING TO APPRAISING AND ASSESSING THE PERSONAL PROPERTY OF BUSINESSES UNDER THE JURISDICTION OF THE COUNTY AUDITOR.
The Senate proceeded to the consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\545C001.NBD.DG20), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-39-70 of the 1976 Code is amended to read:
"Section 12-39-70. For the purpose of appraising and assessing personal property of businesses and other entities under the jurisdiction of the county auditor, the county auditor must use the department's Form PT-100 and shall follow the classification of the most recent North American Industry Classification System Manual, as follows:
(1) Sector 11, subsectors 111, 112, 113, 114, and 115, unless exempt;
(2) Sector 52, subsectors 522, 523, 524, and 525; Sector 53, subsectors 531 and 533; and Sector 55, subsector 551, unless exempt;
(3) Sector 51, subsector 512; Sector 54, subsector 541; Sector 61, subsector 611; Sector 62, subsectors 621, 622, 623, and 624; Sector 71, subsector 712; Sector 72, subsector 721; and Sector 81, subsectors 813 and 814, unless exempt."
SECTION 2. This act takes effect upon approval by the Governor and applies to property tax returns due after December 31, 2020. /
Renumber sections to conform.
Amend title to conform.
Senator CAMPBELL explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 883 (Word version) -- Senators Cromer, Setzler, Massey, Jackson and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-440 SO AS TO PROVIDE THE RICHLAND-LEXINGTON AIRPORT COMMISSION MAY MAKE APPLICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING FOREIGN-TRADE ZONES IN CERTAIN COUNTIES, SELECT AND DESCRIBE THE LOCATION OF THE ZONES FOR WHICH APPLICATION MAY BE MADE, PROMULGATE CERTAIN REGULATIONS, OWN, ERECT, MAINTAIN, AND OPERATE BUILDINGS IN A FOREIGN-TRADE ZONE, AND DO ALL THINGS NECESSARY AND PROPER TO ACHIEVE COMPLIANCE WITH THE FOREIGN-TRADE ZONES ACT.
On motion of Senator GROOMS, the Bill was recommitted to Committee on Transportation.
H. 3485 (Word version) -- Reps. Jefferson, R. Williams, Cobb-Hunter and Weeks: A BILL TO AMEND SECTION 12-6-3535, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INCOME TAX CREDIT FOR MAKING QUALIFIED REHABILITATION EXPENDITURES FOR A CERTIFIED HISTORIC STRUCTURE, SO AS TO REMOVE A PROVISION ALLOWING THE DEPARTMENT OF ARCHIVES AND HISTORY TO ESTABLISH FEES, TO PROVIDE THAT A TAXPAYER CLAIMING THE CREDIT MUST PAY A FEE TO THE DEPARTMENT OF ARCHIVES AND HISTORY FOR THE STATE HISTORIC PRESERVATION GRANT FUND, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS; AND TO AMEND SECTION 12-6-5060, RELATING TO VOLUNTARY CONTRIBUTIONS MADE BY AN INDIVIDUAL BY MEANS OF THE INCOME TAX RETURN CHECK OFF, SO AS TO ADD THE DEPARTMENT OF ARCHIVES AND HISTORY.
The Senate proceeded to the consideration of the Bill.
The Committee on Finance proposed the following amendment (DG\3485C001.NBD.DG20), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1.B. and inserting:
/ B. Section 12-6-3535 of the 1976 Code is amended by adding appropriately lettered subsections to read:
"( )(1) A taxpayer claiming a credit pursuant to this section must pay a preliminary fee and a final fee to the Department of Archives and History for the State Historic Preservation Grant Fund based on the estimated qualified rehabilitation expenses or the actual rehabilitation expenses of the project, respectively, as set forth in items (2) and (3).
(2) The preliminary fee must be paid before review of an Historic Preservation Certification Application, Part 2, or a Certified Rehabilitation Application, S2. The fee schedule is as follows:
Projects less than $500,000
0% of estimated expenses
Projects at least $500,000 but less than 2,000,000
.1% of estimated expenses
Projects at least $2,000,000 but less than $4,000,000
.25% of estimated expenses
Projects $4,000,000 or greater
.5% of estimated expenses.
(3) The final fee must be paid before review of an Historic Preservation Certification Application, Part 3, or a Certified Rehabilitation Application, S3, less any amount paid as a preliminary fee. The fee schedule is as follows:
Projects less than $500,000
0% of actual expenses
Projects at least $500,000 but less than $2,000,000
.25% of actual expenses
Projects at least $2,000,000 but less than $4,000,000
.5% of actual expenses
Projects $4,000,000 or greater
1.0% of actual expenses.
( ) The Department of Archives and History shall develop an application process for distribution of funds from the State Historic Preservation Grant Fund, to include eligibility criteria and grant requirements." /
Amend the bill further, page 3, by striking lines 13-38 and inserting:
/ B. Contributions made to the Department of Archives and History as provided in this act may be designated on an income tax return for tax years beginning after 2019.
SECTION 3. Except as otherwise provided, this act takes effect upon approval by the Governor and applies to income tax years beginning after 2019. /
Renumber sections to conform.
Amend title to conform.
Senator CROMER explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 3695 (Word version) -- Reps. Calhoon, Huggins, Taylor, Allison, Ballentine, Forrest, Matthews, Spires, Toole, Wooten, Hill and Jones: A BILL TO AMEND SECTION 56-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976. RELATING TO VEHICLES CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO PROVIDE THAT FOR THE SOLE PURPOSE OF DETERMINING HIGH MILEAGE TAX DEDUCTIONS, MOTORCYCLES AND MOTORCYCLE THREE-WHEEL VEHICLES SHALL BE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES.
The Senate proceeded to the consideration of the Bill.
Senator GROOMS explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 865 (Word version) -- Senators Jackson, Hutto and Shealy: A BILL TO AMEND SECTION 63-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT CITIZENS AND LEGISLATIVE COMMITTEE ON CHILDREN, SO AS TO REAUTHORIZE THE COMMITTEE THROUGH DECEMBER 31, 2030.
The Senate proceeded to the consideration of the Bill.
Senator HUTTO explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 892 (Word version) -- Senators Shealy, Hutto, Jackson and Campbell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA CHILD ABUSE RESPONSE PROTOCOL ACT" BY ADDING ARTICLE 24 TO CHAPTER 11, TITLE 63 SO AS TO REQUIRE MULTIDISCIPLINARY TEAMS INVOLVED IN CHILD ABUSE INVESTIGATION AND PROSECUTION TO FOLLOW CERTAIN CHILD ABUSE RESPONSE PROTOCOL, TO PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY COMMITTEE TO REVIEW AND UPDATE THE PROTOCOL, AND FOR OTHER PURPOSES; AND TO AMEND SECTION 63-11-310, RELATING TO CHILDREN'S ADVOCACY CENTERS, SO AS TO REQUIRE CHILDREN'S ADVOCACY CENTERS TO HOLD CERTAIN ACCREDITATION STATUS OR BE ACTIVELY PURSUING ACCREDITATION, AND FOR OTHER PURPOSES.
The Senate proceeded to the consideration of the Bill.
The Committee on Family and Veterans' Services proposed the following amendment (892R001.KMM.KS), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 7-21 and inserting:
/protocol and updated training as needed for this purpose. The protocol must be publicly available and must be reviewed annually and updated as needed by an advisory committee known as the Child Abuse Protocol Review Committee.
(B)(1) The Governor shall appoint the members of the advisory committee and may consult with the South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers in making his appointments. The advisory committee shall consist of ten members as follows:
(a) the Executive Director of the South Carolina Network of Children's Advocacy Centers, or his designee;
(b) one member from state law enforcement;
(c) one member from county law enforcement;
(d) one member from a solicitor's office;
(e) the Executive Director of the Department of Social Services, or his designee;
(f) one member who is the Medical Director of the South Carolina Children's Advocacy Medical Response System, or his designee;
(g) one member from the State Guardian Ad Litem Program or Richland County Court Appointed Special Advocates;
(h) one member from a school district; and
(i) two at-large members.
(2) The Department of Children's Advocacy shall convene the first meeting of the advisory committee for the purpose of electing a chair and shall thereafter provide staff support to the advisory committee. Members of the advisory committee shall serve for terms of four years and may serve in a holdover capacity for up to six months after the expiration of their term, should a qualified successor not be appointed. /
Renumber sections to conform.
Amend title to conform.
Senator YOUNG explained the committee amendment.
The amendment was adopted.
Senator SHEALY proposed the following amendment (892R002.KMM.KS), which was adopted:
Amend the bill, as and if amended, by striking Section 63-11-2410(B) and inserting:
/ (B)(1) The Governor shall appoint the members of the advisory committee and may consult with the South Carolina Children's Justice Act Task Force and the South Carolina Network of Children's Advocacy Centers in making his appointments. The advisory committee shall consist of eleven members as follows:
(a) the Executive Director of the South Carolina Network of Children's Advocacy Centers, or his designee;
(b) one member from state law enforcement;
(c) one member from county law enforcement;
(d) one member from a solicitor's office;
(e) the Executive Director of the Department of Social Services, or his designee;
(f) one member who is the Medical Director of the South Carolina Children's Advocacy Medical Response System, or his designee;
(g) one member from the State Guardian Ad Litem Program or Richland County Court Appointed Special Advocates;
(h) one member from a school district;
(i) one member from a statewide organization experienced in working with children with all disabilities; and
(j) two at-large members.
(2) The Department of Children's Advocacy shall convene the first meeting of the advisory committee for the purpose of electing a chair and shall thereafter provide staff support to the advisory committee. Members of the advisory committee shall serve for terms of four years and may serve in a holdover capacity for up to six months after the expiration of their term, should a qualified successor not be appointed. /
Renumber sections to conform.
Amend title to conform.
Senator YOUNG explained the amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 1017 (Word version) -- Senators Shealy and Alexander: A BILL TO AMEND SECTION 43-26-90 OF THE 1976 CODE, RELATING TO BUILDINGS NOT SUBJECT TO CERTAIN PROVISIONS CONCERNING THE OPERATION OF VENDING FACILITIES BY BLIND PERSONS, TO INCLUDE LOCAL DETENTION FACILITIES.
The Senate proceeded to the consideration of the Bill.
The Committee on Family and Veterans' Services proposed the following amendment (1017R002.KD.MWG), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 43-26-90 of the 1976 Code is amended to read:
"Section 43-26-90. (A) This chapter does not apply to hospitals,; four-year institutions of higher learning and their branches,; public elementary and secondary schools,; technical education institutions,; the South Carolina State Museum,; property under the Patriots Point Development Authority jurisdiction,; facilities devoted primarily to athletics,; or to state, municipal, county, or civic center auditoriums and assembly halls; or local detention facilities, except as provided pursuant to subsection (B). As many as two coin operated vending machines may be placed in buildings on the public property if the machines are not located in a building where there is a vending facility operated by the commission.
(B) This chapter does not apply to any commissary services provided in local detention facilities. The commission may operate vending facilities in publicly accessible areas of local detention facilities or within secure areas of local detention facilities."
SECTION 2. Section 43-26-10 of the 1976 Code is amended by adding an appropriately lettered new item to read:
"( ) 'Commissary services' means a store, purchasing location, or purchasing service within a local detention facility established solely for inmates, from which inmates can purchase products, including those items enumerated in Section 43-26-60."
SECTION 3. Pursuant to Section 43-26-90, as amended by this act, the South Carolina Commission for the Blind may operate vending facilities in publicly accessible areas of local detention facilities or within secure areas of local detention facilities that were operating on the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator GAMBRELL explained the committee amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 1027 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 43-25-10 OF THE 1976 CODE, RELATING TO THE COMMISSION FOR THE BLIND, TO PROVIDE THAT MEETINGS SHALL BE HELD AT LEAST ONCE A QUARTER.
The Senate proceeded to the consideration of the Bill.
Senator GAMBRELL explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
H. 4439 (Word version) -- Reps. Clemmons, Bryant, Hosey, R. Williams, Blackwell, Clary and Rivers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-250 SO AS TO DESIGNATE THE SIXTEENTH DAY OF JULY OF EACH YEAR AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.
The Senate proceeded to the consideration of the Bill.
Senator GAMBRELL explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
S. 758 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 40-6-240(B) OF THE 1976 CODE, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR LICENSED AUCTIONEERS, TO PROVIDE THAT A LICENSEE WHO IS SIXTY-FIVE YEARS OLD OR OLDER WITH TWENTY-FIVE YEARS OF LICENSURE MAY APPLY FOR A CONTINUING EDUCATION WAIVER.
The Senate proceeded to the consideration of the Bill.
Senator MARTIN proposed the following amendment (758R001.KMM.SRM), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 30-31 and inserting:
/manager is a licensed auctioneer. A licensee with a minimum of twenty-five years of licensure /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
Senator DAVIS explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
H. 4702 (Word version) -- Reps. Huggins, Martin, Wooten, Caskey, Calhoon, Forrest, Howard and Brawley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-440 SO AS TO PROVIDE THE RICHLAND-LEXINGTON AIRPORT COMMISSION MAY MAKE APPLICATION FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING FOREIGN-TRADE ZONES IN CERTAIN COUNTIES, SELECT AND DESCRIBE THE LOCATION OF THE ZONES FOR WHICH APPLICATION MAY BE MADE, PROMULGATE CERTAIN REGULATIONS, OWN, ERECT, MAINTAIN, AND OPERATE BUILDINGS IN A FOREIGN-TRADE ZONE, AND DO ALL THINGS NECESSARY AND PROPER TO ACHIEVE COMPLIANCE WITH THE FOREIGN-TRADE ZONES ACT.
The Senate proceeded to the consideration of the Bill.
Senator CROMER explained the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
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 Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Williams Young
The Bill was read the second time, passed and ordered to a third reading.
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, Matthews, 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.
The Senate proceeded to the consideration of the Bill.
Senator SENN proposed the following amendment (CM\ 3967C002.GT.CM20), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 24-13-35, by adding the following appropriately lettered subsection at the end to read:
/ ( ) If a state correctional facility, local detention facility, prison camp or work camp, or the employees of these facilities are unaware that an inmate is either pregnant or has been clinically diagnosed as pregnant, then neither the facility or its employees are legally liable or responsible for any loss or damage suffered by the inmate under this section. /
Renumber sections to conform.
Amend title to conform.
Senator SENN explained the amendment.
The amendment was adopted.
Senator McLEOD proposed the following amendment (CM\ 3967C003.GT.CM20), which was adopted:
Amend the bill, as and if amended, Section 24-14-25, as contained in SECTION 1, by adding the following appropriately lettered subsections to read:
/ ( ) Correctional facility, local detention facility, and prison or work camp employees, other than certified healthcare professionals, must not conduct invasive body cavity searches of known pregnant inmates unless there is a reasonable belief the inmate is concealing contraband.
( ) Correctional facilities, local detention facilities, and prison or work camps must ensure known pregnant inmates are provided sufficient food and dietary supplements as ordered by a physician, physician staff member, or a facility nutritionist to meet generally accepted prenatal nutritional guidelines.
( ) Correctional facilities, local detention facilities, and prison or work camps must not place a known pregnant inmate, or any female inmate who has given birth within the previous thirty days, in restrictive housing unless there is a reasonable belief the inmate will harm herself, the fetus, or another person, or pose a substantial flight risk. This subsection does not apply if protective custody is requested by a known pregnant inmate or any female inmate who has given birth within the previous thirty days.
( ) Correctional facilities, local detention facilities, and prison or work camps must not assign a known pregnant inmate to any bed that is elevated more than three feet from the facility's floor.
( ) Correctional facilities, local detention facilities, and prison or work camps must ensure that sufficient menstrual hygiene products are available at each facility for all women under their care who have an active menstrual cycle. Indigent inmates must be provided the hygiene products at no cost.
( ) Correctional facilities, local detention facilities, and prison or work camps must limit, when practical, bodily inspections of a female inmate by male officers when the female inmate is naked or only partially clothed.
( ) To the extent practicable, the Department of Corrections must authorize minor dependents to visit inmates with low or minimum-security classifications at least once per week, and authorize contact visits for these inmates with the minor dependents. /
Renumber sections to conform.
Amend title to conform.
Senator McLEOD explained the amendment.
The amendment was adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Gregory Grooms Harpootlian Hembree Hutto Jackson Johnson Kimpson Leatherman Loftis Martin Massey Matthews, John Matthews, Margie McElveen McLeod Nicholson Peeler Rankin Reese Rice Scott Senn Setzler Shealy Sheheen Talley Turner Verdin Young
There being no further amendments, the Bill, as amended, was read the second time, passed and ordered to a third reading.
S. 954 (Word version) -- Senators Scott and Setzler: A BILL TO AMEND ACT 189 OF 2018, RELATING TO THE DISPOSAL OF SURPLUS PROPERTY BY THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, SO AS TO PERMANENTLY AUTHORIZE THE ACT AND TO REPEAL THE SUNSET PROVISION.
The Senate proceeded to the consideration of the Bill.
Senator RICE explained the Bill.
The Bill was read the second time, passed and ordered to a third reading.
Senator SETZLER asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.
There was no objection.
S. 890 (Word version) -- Senators Massey, Climer, Harpootlian, Campsen, Senn, Young, Shealy, Turner, Talley, Cash and Rice: A SENATE RESOLUTION TO AMEND THE RULES OF PROCEDURE FOR THE SENATE, BY ADDING RULE 55, TO REQUIRE CERTAIN DISCLOSURES FOR APPROPRIATIONS REQUESTS BY MEMBERS.
Senator WILLIAMS objected to consideration of the Resolution.
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.
The Resolution was adopted.
S. 1000 (Word version) -- Senator Hembree: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 701 NORTH FROM ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF LORIS TO A POINT ONE MILE NORTH OF THIS INTERSECTION, AND THE PORTION OF UNITED STATES HIGHWAY 701 SOUTH FROM ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF LORIS TO A POINT ONE MILE SOUTH OF THIS INTERSECTION "HENRY L. NICHOLS HIGHWAY", AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG BOTH PORTIONS OF HIGHWAY THAT CONTAIN THESE WORDS.
The Resolution was adopted, ordered sent to the House.
H. 3563 (Word version) -- Reps. Murphy, Bennett, Chellis, Jefferson, Kimmons, Mack and Pendarvis: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF ORANGEBURG ROAD (S-18-22) AND DORCHESTER ROAD (SOUTH CAROLINA HIGHWAY 642) IN DORCHESTER COUNTY "BENJAMIN JAMES SINGLETON, SR. MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION CONTAINING THIS DESIGNATION.
The Resolution was adopted, ordered returned to the House.
H. 4931 (Word version) -- Rep. G.R. Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION (SCISA) TO USE THE CHAMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND SENATE FOR ITS STUDENT GOVERNMENT FALL CONFERENCE AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE AND PRESIDENT OF THE SENATE, AND THE RESPECTIVE CHAMBERS MAY NOT BE USED IF THE GENERAL ASSEMBLY IS IN SESSION OR THE CHAMBERS ARE OTHERWISE UNAVAILABLE.
The Resolution was adopted, ordered returned to the House.
H. 5098 (Word version) -- Reps. Clemmons, Rutherford, Alexander, Allison, Anderson, Atkinson, Bailey, Bales, Ballentine, Bamberg, Bannister, Bennett, Bernstein, Blackwell, Bradley, Brawley, Brown, Bryant, Burns, Calhoon, Caskey, Chellis, Chumley, Clary, 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, 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 EXPRESS PROFOUND SORROW AND EXTEND DEEPEST SYMPATHY TO THE PEOPLE OF OMAN IN THE DEATH OF SULTAN QABOOS BIN SAID, TO RECOGNIZE AND HONOR SULTAN HAITHAM BIN TARIQ AL SAID, WISH HIM SUCCESS IN HIS FUTURE ENDEAVORS AS THE SULTAN OF OMAN, AND TO EXPRESS GRATITUDE FOR AND HOPE TO CONTINUE THE STRONG RELATIONSHIP BETWEEN THE UNITED STATES AND OMAN THAT HAS BEEN IN PLACE SINCE 1790.
The Senate proceeded to the consideration of the Resolution.
Senator MARTIN explained the Resolution.
On motion of Senator M.B. MATTHEWS, the Resolution was carried over.
H. 5008 (Word version) -- Rep. Oremus: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF BELVEDERE CLEARWATER ROAD (SOUTH CAROLINA HIGHWAY 126) IN AIKEN COUNTY FROM ITS INTERSECTION WITH UNITED STATES HIGHWAY 25 TO ITS INTERSECTION WITH AUGUSTA ROAD (SOUTH CAROLINA HIGHWAY 421) THE "HONORABLE RONALD 'RONNIE' YOUNG MEMORIAL HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS HIGHWAY CONTAINING THESE WORDS.
The Resolution was adopted, ordered returned to the House.
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.
The Resolution was adopted, ordered returned to the House.
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".
The Resolution was adopted, ordered returned to the House.
On motion of Senator MASSEY, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following name was reported to the Senate in open session:
Having received a favorable report from the Family and Veterans' Services Committee, the following appointment was confirmed in open session:
Initial Appointment, Secretary of South Carolina Department of Veterans' Affairs, with term coterminous with the Governor
Major General William F. Grimsley, 226 Green Winged Teal Drive S., Beaufort, SC 29907-1053
On motion of Senator SHEALY, the question was confirmation of William F. Grimsley.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Allen Bennett Campbell Campsen Cash Climer Corbin Cromer Davis Fanning Gambrell Goldfinch Harpootlian Hembree Jackson Johnson Kimpson Leatherman Loftis Malloy Martin Massey McElveen Nicholson Peeler Reese Rice Sabb Scott Senn Setzler Shealy Sheheen Talley Turner Williams Young
The appointment of William F. Grimsley was confirmed.
Having received a favorable report from the Senate, the following appointment was confirmed in open session:
Reappointment, Colleton County Magistrate, with the term to commence April 30, 2018, and to expire April 30, 2022
Elbert O. Duffie III, 1075 Dallas Lane, Walterboro, SC 29488-8190
On motion of Senator MASSEY, the Senate agreed to stand adjourned.
On motion of Senator PEELER, 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, JOHN MATTHEWS, MARGIE BRIGHT MATTHEWS, McELVEEN, McLEOD, NICHOLSON, RANKIN, REESE, RICE, SABB, SCOTT, SENN, SETZLER, SHEALY, SHEHEEN, TALLEY, TURNER, VERDIN, WILLIAMS and YOUNG with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. David Buxton Jones of Columbia, S.C. Mr. Jones was the father-in-law of our beloved Senate Clerk, Jeffrey Gossett. Mr. Jones earned an electrical engineering degree from Clemson University and worked for 42 years with SCE&G as a Communication Engineer where he held both a First Class FCC and professional engineer license. He proudly served our country in the United States Army and Army Reserves for over nine years. Mr. Jones was a loving husband, devoted father and doting grandfather who will be dearly missed.
On motion of Senator ALEXANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. Phillip Hunter Prince of Clemson, S.C. Dr. Prince was very active while attending Clemson and later became the twelfth president of Clemson University. He served our country in the U.S. Army. Phillip signed with the New York Giants football team but his career was cut short due to an injury. He began his career working for Milliken Company and later became senior vice president of American Express and Synco Propery Inc. Dr. Prince was a loving companion, devoted father and doting grandfather who will be dearly missed.
At 5:12 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.
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