NO. 61

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

Hebrews 12:1

We read in the Book of Hebrews: "Therefore, since we are surrounded by such a great cloud of witnesses, let us throw off everything that hinders and the sin that easily entangles, and let us run with perseverance
the race marked out for us."

Let us pray, friends: Truly, O loving God, today we ask that You will lead this Senate to take stock of where it actually is at this point of the second session of its 124th General Assembly. Certainly a great many major issues have been resolved already. But, Lord, the list of matters still to be wrestled with and settled remains a long one. And here today, with time slipping away, surrounded as we are "by such a great cloud of witnesses" -- the portraits of many here on the walls of this Chamber -- we pray, O God, that You will grant these Senators and their aides the zeal and the perseverance necessary to keep charging forward. May these servants truly run the "race" expected of them this term, drawing their strength from You, as always. So we pray in Your loving name, dear Lord. Amen.

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

At 12:04 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

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

Adams                     Alexander                 Bennett
Campsen                   Climer                    Corbin
Cromer                    Davis                     Fanning
Garrett                   Goldfinch                 Grooms
Gustafson                 Harpootlian               Hembree
Hutto                     Jackson                   Johnson, Kevin
Johnson, Michael          Kimbrell                  Kimpson
Martin                    Massey                    Matthews
McElveen                  Peeler                    Reichenbach
Rice                      Scott                     Senn
Setzler                   Shealy                    Stephens
Talley                    Turner                    Verdin
Williams                  Young

A quorum being present, the Senate resumed.

The following were received:
Document No. 5038
Agency: Department of Disabilities and Special Needs
Chapter: 88
Statutory Authority: 1976 Code Section 44-20-220
SUBJECT: Appeal Procedures
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Medical Affairs
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted April 21, 2022

Document No. 5039
Agency: Department of Disabilities and Special Needs
Chapter: 88
Statutory Authority: 1976 Code Section 44-20-220
SUBJECT: Research Involving Persons Eligible for Services
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Medical Affairs
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted April 21, 2022

Document No. 5040
Agency: Department of Disabilities and Special Needs
Chapter: 88
Statutory Authority: 1976 Code Section 44-20-220
SUBJECT: Eligibility Determination
Received by Lieutenant Governor January 11, 2022
Referred to Committee on Medical Affairs
Legislative Review Expiration May 11, 2022
Withdrawn and Resubmitted April 21, 2022

Document No. 5105
Agency: Department of Motor Vehicles
Chapter: 90
Statutory Authority: 1976 Code Section 56-23-100
SUBJECT: Driver Training Schools
Received by President of the Senate March 3, 2022
Referred to Committee on Transportation
Legislative Review Expiration February 28, 2023
Withdrawn and Resubmitted April 25, 2022

On motion of Senator SETZLER, at 12:09 P.M., Senator ALLEN was granted a leave of absence until 12:30 P.M.

On motion of Senator KIMBRELL, at 5:34 P.M., Senator ADAMS was granted a leave of absence until 7:30 P.M.

On motion of Senator GOLDFINCH, at 5:34 P.M., Senator GROOMS was granted a leave of absence for the balance of the day.

On motion of Senator HUTTO, at 5:34 P.M., Senator HARPOOTLIAN was granted a leave of absence for the balance of the day.

At 5:34 P.M., Senator CROMER requested a leave of absence until 6:45 P.M.

At 5:55 P.M., Senator MARTIN requested a leave of absence until 7:03 P.M.

Senator ADAMS rose for an Expression of Personal Interest.

Senator KIMPSON rose for an Expression of Personal Interest.

Senator HARPOOTLIAN rose for an Expression of Personal Interest.

Senator JACKSON rose for an Expression of Personal Interest.

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

Senator HEMBREE rose for an Expression of Personal Interest.

The following co-sponsors were added to the respective Bills:
S. 918 (Word version)     Sens. Rankin, Hembree, Sabb and Williams
S. 919 (Word version)     Sens. Rankin, Hembree, Sabb and Williams

The following were introduced:

S. 1283 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO CONGRATULATE THE LEXINGTON COUNTY COMMUNICATIONS CENTER FOR BEING AWARDED CALEA ACCREDITATION FOR THE FIFTH TIME.
l:\s-res\ks\067lexi.kmm.ks.docx

The Senate Resolution was adopted.

S. 1284 (Word version) -- Senator Shealy: A SENATE RESOLUTION TO CONGRATULATE THE LEXINGTON POLICE DEPARTMENT FOR BEING AWARDED CALEA ACCREDITATION FOR THE FIFTH TIME.
l:\s-res\ks\068lexi.kmm.ks.docx

The Senate Resolution was adopted.

S. 1285 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO CONGRATULATE MYRA GIBSON UPON THE OCCASION OF HER RETIREMENT AS BENEFITS ADMINISTRATOR IN OCONEE COUNTY'S HUMAN RESOURCES DEPARTMENT, TO COMMEND HER FOR HER NEARLY TWENTY YEARS OF DEDICATED SERVICE TO OCONEE COUNTY, AND TO WISH HER MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
l:\s-res\tca\073myra.kmm.tca.docx

The Senate Resolution was adopted.

S. 1286 (Word version) -- Senator Davis: A SENATE RESOLUTION TO CONGRATULATE CALEB "CAL" E. THOMAS UPON THE OCCASION OF HIS RETIREMENT AS A SUPERVISOR, INVESTIGATOR, AND TASK FORCE OFFICER, TO COMMEND HIM FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN THE YEARS AHEAD.
l:\s-res\td\014cale.kmm.td.docx

The Senate Resolution was adopted.

S. 1287 (Word version) -- Senator Fanning: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE BETHEL UNITED METHODIST CHURCH OF CHESTER ON THE OCCASION OF ITS HISTORIC ONE HUNDRED EIGHTY-FIFTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR ITS MANY YEARS OF SERVICE TO GOD AND THE COMMUNITY.
l:\council\bills\rm\1450zw22.docx

The Senate Resolution was adopted.

S. 1288 (Word version) -- Senator Fanning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-1525 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM DENYING THE REPAIR, REPLACEMENT, OR CONSTRUCTION OF WELLS AND SEPTIC TANKS ON CERTAIN RURAL LANDS REGARDLESS OF THE AVAILABILITY OF MUNICIPAL WATER AND SEWER SERVICE.
l:\council\bills\cc\16178vr22.docx

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

S. 1289 (Word version) -- Senator Fanning: A BILL TO AMEND SECTION 5-31-1520, RELATING TO THE EXTENSION OF WATER AND SEWER SYSTEMS BY A MUNICIPALITY, SO AS TO PROHIBIT EXTENSIONS CONDITIONED ON ANNEXATION AND FOR OTHER PURPOSES.
l:\council\bills\cc\16177vr22.docx

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

S. 1290 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO SUITABILITY IN ANNUITY TRANSACTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 5065, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
l:\council\bills\dbs\31618wab22.docx

Read the first time and ordered placed on the Calendar without reference.

H. 5182 (Word version) -- Reps. Lucas, Fry, Hewitt, Bailey, Erickson, Dillard, Huggins, Wooten, Caskey, Ballentine, R. Williams and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA OPIOID RECOVERY ACT" BY ADDING CHAPTER 50 TO TITLE 44 SO AS TO PROVIDE FOR PURPOSES OF THE ACT, PROVIDE DEFINITIONS, ESTABLISH THE SOUTH CAROLINA OPIOID RECOVERY FUND, ESTABLISH THE DISCRETIONARY SUBFUND, ESTABLISH THE GUARANTEED POLITICAL SUBDIVISION SUBFUND, ESTABLISH THE ADMINISTRATIVE SUBFUND, ESTABLISH THE SOUTH CAROLINA OPIOID RECOVERY FUND BOARD, PROVIDE THAT THE STATE FISCAL ACCOUNTABILITY AUTHORITY IS RESPONSIBLE FOR ADMINISTRATIVE OPERATIONS, PROVIDE FOR CERTAIN RESTRICTIONS ON BRINGING CERTAIN CLAIMS, AND TO PROVIDE THAT THIS ACT MUST BE LIBERALLY CONSTRUED.

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

H. 5270 (Word version) -- Reps. Whitmire, Lucas, Finlay and King: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 4, 2022, AS THE TIME TO ELECT ONE AT-LARGE MEMBER TO THE BOARD OF VISITORS FOR THE CITADEL FOR A TERM TO EXPIRE JUNE 30, 2028; FOR THE PURPOSE OF ELECTING THREE AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES FOR CLEMSON UNIVERSITY FOR TERMS TO EXPIRE JUNE 30, 2026; FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF LANDER UNIVERSITY TO FILL THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 8, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 9, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 10, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 12, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2026, THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 14, WHOSE TERM WILL EXPIRE JUNE 30, 2026, AND THE TERM OF THE MEMBER FOR THE AT-LARGE SEAT 15, WHOSE TERM WILL EXPIRE JUNE 30, 2026; FOR THE PURPOSE OF ELECTING TWO AT-LARGE MEMBERS TO THE BOARD OF TRUSTEES FOR THE WIL LOU GRAY OPPORTUNITY SCHOOL WHOSE TERMS WILL EXPIRE JUNE 30, 2026; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE UNIVERSITY OF SOUTH CAROLINA TO FILL THE TERM OF THE MEMBER FOR THE FIFTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2026, THE MEMBER FOR THE SEVENTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2026, AND THE MEMBER FOR THE THIRTEENTH JUDICIAL CIRCUIT, FOR A TERM TO EXPIRE JUNE 30, 2026.

The Concurrent Resolution was introduced and referred to the Committee on Education.

Senator CROMER from the Committee on Banking and Insurance submitted a favorable report on:

H. 4220 (Word version) -- Reps. Sandifer and Hardee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-63-230 SO AS TO PROVIDE FOR MUTUAL RESCISSION OF INDIVIDUAL LIFE INSURANCE POLICIES; AND TO AMEND SECTION 38-6-220, RELATING TO REQUIRED INDIVIDUAL LIFE INSURANCE POLICY PROVISIONS, SO AS TO ALLOW FOR THE MUTUAL DECISION TO TERMINATE OR RESCIND A POLICY OF INSURANCE.

Ordered for consideration tomorrow.

Senator CROMER from the Committee on Banking and Insurance submitted a favorable report on:

H. 4597 (Word version) -- Reps. Bustos, M.M. Smith, Huggins, Bennett, Hill, Matthews and Brawley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 43, TITLE 44 SO AS TO PROHIBIT DISCRIMINATION AGAINST INDIVIDUALS WITH DISABILITIES IN ACCESSING ANATOMICAL GIFTS AND ORGAN TRANSPLANTS; TO DEFINE CERTAIN TERMS; TO ESTABLISH REQUIREMENTS AND PROHIBITED CONDUCT FOR COVERED ENTITIES, INCLUDING HOSPITALS AND ORGAN PROCUREMENT ORGANIZATIONS, WITH REGARD TO THE ORGAN TRANSPLANT PROCESS; TO CREATE CIVIL REMEDIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE; TO ESTABLISH REQUIREMENTS APPLICABLE TO HEALTH INSURERS THAT PROVIDE COVERAGE FOR ANATOMICAL GIFTS AND ORGAN TRANSPLANTS; AND FOR OTHER PURPOSES.

Ordered for consideration tomorrow.

Senator CROMER from the Committee on Banking and Insurance submitted a favorable report on:

H. 4983 (Word version) -- Rep. Sandifer: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE LICENSING AND REGULATION OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO DEFINE THE TERM "RESERVATION DEPOSIT"; TO AMEND SECTION 37-11-30, RELATING TO THE LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO ADD THAT A CONTINUING CARE RETIREMENT COMMUNITY MUST NOT BE ADVERTISED OR COLLECT A RESERVATION DEPOSIT UNLESS THE APPROPRIATE LICENSE IS OBTAINED FIRST, AND TO ADD INFORMATION REQUIRED TO BE SET FORTH IN AN APPLICATION FOR A PRELIMINARY LICENSE; TO AMEND SECTION 37-11-35, RELATING TO CONTINUING CARE CONTRACT REQUIREMENTS, SO AS TO PROVIDE THE REQUIREMENTS ALSO APPLY TO RESERVATION AGREEMENTS, AND TO PROVIDE ADDITIONAL MINIMUM REQUIREMENTS FOR CONTRACTS AND AGREEMENTS; TO AMEND SECTION 37-11-40, RELATING TO A DETERMINATION BY THE DEPARTMENT OF CONSUMER AFFAIRS AS TO THE FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR A CONTINUING CARE RETIREMENT COMMUNITY LICENSE, SO AS TO ALLOW THE DEPARTMENT TO CONSIDER A PROJECT FEASIBILITY DOCUMENT; TO AMEND SECTION 37-11-50, RELATING TO LICENSING ELIGIBILITY FOR CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE A PRELIMINARY LICENSE TO AN APPLICANT IF CERTAIN DETERMINATIONS ARE MADE; TO AMEND SECTION 37-11-90, RELATING TO CERTAIN ENTRANCE FEES REQUIRED TO BE PLACED IN AN ESCROW ACCOUNT, SO AS TO ALSO REQUIRE THAT RESERVATION DEPOSITS BE PLACED IN AN ESCROW ACCOUNT, AND TO PROVIDE FOR THE CONDITIONS OF RELEASE OF RESERVATION DEPOSITS HELD IN ESCROW; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM THE REQUIREMENTS OF THIS CHAPTER, SO AS TO PROVIDE THAT A FACILITY THAT HAS OBTAINED A LETTER OF NONAPPLICABILITY FROM THE DEPARTMENT MAY NOT HOLD ITSELF OUT TO BE A CONTINUING CARE RETIREMENT COMMUNITY.

Ordered for consideration tomorrow.

Senator CAMPSEN from the Committee on Fish, Game and Forestry submitted a favorable report on:

H. 4986 (Word version) -- Rep. Ott: A BILL TO AMEND SECTION 50-5-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAP PLACEMENT, SO AS TO PROHIBIT TRAPS IN THE WATERS OF THE GENERAL TRAWL ZONE WHEN THESE WATERS ARE OPEN TO TRAWLING FOR SHRIMP.

Ordered for consideration tomorrow.

Senator CROMER from the Committee on Banking and Insurance submitted a favorable report on:

Reappointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2021, and to expire June 30, 2025 Licensed consumer finance business restricted lender or supervised lender recommended by the Independent Consumer Finance Association:
James Daniel Walters, 301 Portabello Way, Simpsonville, SC 29681

Received as information.

Senator MARTIN from the Committee on Corrections and Penology submitted a favorable report on:

Initial Appointment, Director of Department of Juvenile Justice, with term coterminous with Governor
Director:
Laurel Eden Harvey Hendrick, 6331 Westshore Road, Columbia, SC 29206-2122 VICE Freddie B. Pough

Received as information.

Senator MARTIN from the Committee on Corrections and Penology submitted a report with no recommendation on:

Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with the term to commence March 15, 2019, and to expire March 15, 2025
1st Congressional District:
Samuel Rivers, Jr., Post Office Box 760, Goose Creek, SC 29445-0760 VICE Christopher F. Gibbs

Received as information.

THE SENATE PROCEEDED TO A CONSIDERATION OF H. 5150, THE GENERAL APPROPRIATIONS BILL.

H. 5150 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 2020, TO REGULATE THE EXPENDITURE OF SUCH FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THIS FISCAL YEAR AND FOR OTHER PURPOSES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator PEELER spoke on the report.

Senator TALLEY assumed the Chair.

Senator PEELER asked unanimous consent to make a motion that the Report of the Committee on Finance be adopted, with all members reserving the right to raise any Points of Order and to offer amendments without regard to questions of degree.

There was no objection.

The report of the Committee on Finance was adopted.

On motion of Senator PEELER, with unanimous consent, staff members from the Revenue and Fiscal Affairs office were authorized as necessary to be in that area behind the rail and, further, that Finance Committee staff and other staff designated by the PRESIDENT were admitted to the floor of the Senate Chamber while debate was in progress on H. 5150, the General Appropriations Bill.

There was no objection.

Senator ALEXANDER, Chairman of the Subcommittee on Health and Human Services, was recognized to report to the Senate regarding the work of the subcommittee.

At 1:02 P.M., the PRESIDENT assumed the Chair.

Senator SETZLER, Chairman of the Subcommittee on Natural Resources and Economic Development, was recognized to report to the Senate regarding the work of the subcommittee.

Senator GROOMS, on behalf of the Chairman of the Subcommittee on Constitutional and Administrative Laws, was recognized to report to the Senate regarding the work of the subcommittee.

Senator CROMER, Chairman of the Subcommittee on Higher Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator JACKSON, Chairman of the Subcommittee on Transportation and Regulatory Laws, was recognized to report to the Senate regarding the work of the subcommittee.

Senator MARTIN, Chairman of the Subcommittee on Judicial and Criminal Justice, was recognized to report to the Senate regarding the work of the subcommittee.

Senator BENNETT, Chairman of the Subcommittee on K-12 Education, was recognized to report to the Senate regarding the work of the subcommittee.

Senator SCOTT proposed the following amendment (SM REIMAGINING OUR DESTINY), which was adopted (#1):

Amend the bill, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH AND HUMAN SERVICES, page 373, proviso 33.30, line 27, by striking / the South Carolina Christian-Action Council / and inserting / Voorhees College /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SCOTT explained the amendment.

The amendment was adopted.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1.3 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.3.   (SDE: State Aid to Classrooms) To the extent possible within available funds, it is the intent of the General Assembly to provide for one hundred percent of full implementation of the Education Finance Act via an allocation from the State Aid to Classrooms appropriation. The funds appropriated for State Aid to Classrooms shall be allocated as follows: 63.60 percent must be allocated based on the Education Finance Act formula and the differentiated student weightings in this act; 28.62 percent must be allocated based on the manner of distribution of EFA employer contributions in the prior fiscal year; and 7.79 percent must be allocated to fully implement the State Minimum Teacher Salary Schedule with a minimum starting teacher salary of $36,000. The department is authorized to adjust the percentage allocation related to EFA employer contributions to accommodate for the disbursement of the state retirement funds and any other related employee allocation sent to districts. For the current fiscal year, the total pupil count is projected to be 764,037 761,855, which includes traditional school districts, charter school authorizers, and the special school districts. For the current fiscal year, the total pupil count for traditional school districts is projected to be 714,073, the total pupil count for the charter authorizers is projected to be 47,061, and the total pupil count for the special districts is projected to be 721. These funds represent an average per pupil of $3,887 $4,834 in State Aid to Classrooms. The average per pupil funding is projected to be $6,902 $7,629 state, $1,202 $1,274 federal, and $7,423 $7,859 local. This is an average total funding level of $15,527 $16,762 excluding revenues of local bond issues. It is the intent of the General Assembly that the consolidation of the Education Finance Act and Education Finance Act - Employer Contributions appropriations, and the subsequent allocation of the State Aid to Classrooms appropriation back to these categories, should not significantly alter the application of funding formulas or maintenance of effort requirements referencing the Education Finance Act and Education Finance Act - Employer Contributions.

The funds allocated from State Aid to Classrooms for implementing the revised State Minimum Teacher Salary Schedule shall be distributed to school districts using the EIA Teacher Salary Supplement methodology. The resulting estimated teacher salary schedule is as follows:

CLASS8     CLASS 7       CLASS 1       CLASS 2       CLASS 3

DR       MASTERS     MASTERS   BACHELORS     BACHELORS

    +30 HRS                 +18 HRS
YRS
EXP
0   48,076     44,576         41,076         37,576           36,000

2.12%     2.29%         2.50%         2.73%         2.86%
1   48,593     44,813         41,377         37,838         36,119

2.10%     2.28%         2.48%         2.71%         2.85%
2   48,924     44,888         41,525         37,994         36,313

2.09%     2.28%         2.47%         2.70%         2.83%
3   49,236     44,957         41,664         38,107         36,462

2.07%     2.27%         2.46%         2.69%         2.82%
4   49,578     45,058         41,831         38,280         36,667

2.06%     2.27%         2.45%         2.68%         2.80%
5   49,870     45,125         41,962         38,388         36,806

2.05%     2.27%         2.44%         2.67%         2.79%
6   51,134     46,074         42,911         39,273         37,691

1.99%     2.22%         2.39%         2.61%         2.73%
7   52,400     47,022         43,859         40,127         38,546

1.95%     2.17%         2.33%         2.56%         2.66%
8   53,665     47,972         44,808         41,012         39,431

1.90%     2.13%         2.28%         2.50%         2.60%
9   54,930     48,921       45,757           41,867         40,285

1.85%     2.09%       2.23%           2.45%         2.55%
10   56,196     49,870       46,707           42,753         41,171

1.81%     2.05%       2.19%           2.40%         2.49%
11   57,461     50,818       47,655           43,607         42,025

1.77%     2.01%       2.14%           2.35%         2.44%
12   58,726     51,768       48,604           44,492         42,911

1.73%     1.97%       2.10%           2.30%         2.39%
13   59,991     52,716       49,553           45,346         43,765

1.70%     1.93%       2.06%           2.25%         2.34%
14   61,256     53,665       50,502           46,233           44,650

1.66%     1.90%       2.02%           2.21%           2.29%
15   62,522     54,614       51,450           47,087         45,504

1.63%     1.87%       1.98%           2.17%           2.25%
16   63,787     55,563       52,400           47,972         46,390

1.59%     1.83%       1.95%           2.13%         2.20%
17   65,052     56,511       53,348           48,825         47,244

1.56%     1.80%       1.91%           2.09%         2.16%
18   65,693     57,066       53,873           49,305         47,706

1.55%     1.78%       1.89%           2.07%         2.14%
19   66,339     57,628       54,401           49,787         48,173

1.53%     1.77%       1.87%           2.05%         2.12%
20   66,993     58,194       54,935           50,275         48,646

1.52%     1.75%       4.0%             4.0%           4.0%
21   67,654     58,766       55,474           50,767           49,122

1.50%     1.73%       1.84%           2.01%         2.08%
22   68,320     59,343       56,019           51,264         49,603

1.49%     1.71%       1.82%           1.99%         2.06%
23   68,993     59,927       56,570           51,768         50,089

1.47%     1.70%       1.80%           1.97%           2.04%
The State Minimum Teacher Salary Schedule for the current fiscal year is as follows:

CLASS8   CLASS 7     CLASS 1           CLASS 2         CLASS 3

  DR     MASTERS     MASTERS       BACHELORS       BACHELORS

  +30 HRS                   +18 HRS
YRS
EXP
0   50,076     46,576       43,076           39,576           38,000

4.16%     4.49%         4.87%         5.32%         5.56%
1   50,593     46,813         43,377         39,838         38,119

4.12%     4.46%         4.83%         5.29%         5.54%
2   50,924     46,888         43,525         39,994         38,313

4.09%     4.46%         4.82%         5.26%         5.51%
3   51,236     46,957         43,664         40,107         38,462

4.06%     4.45%         4.80%         5.25%         5.49%
4   51,578     47,058         43,831         40,280         38,667

4.03%     4.44%         4.78%         5.22%         5.45%
5   51,870     47,125         43,962         40,388         38,806

4.01%     4.43%         4.77%         5.21%         5.43%
6   53,134     48,074         44,911         41,273         39,691

3.91%     4.34%         4.66%         5.09%         5.31%
7   54,400     49,022         45,859         42,127         40,546

3.82%     4.25%         4.56%         4.98%         5.19%
8   55,665     49,971         46,808         43,012         41,431

3.73%     4.17%         4.46%         4.88%         5.07%
9   56,930     50,921         47,757         43,866         42,285

3.64%     4.09%         4.37%         4.78%         4.96%
10   58,196     51,870         48,707         44,753         43,171

3.56%     4.01%         4.28%         4.68%         4.86%
11   59,460     52,818         49,655         45,606         44,025

3.48%     3.94%         4.20%         4.59%         4.76%
12   60,726     53,767         50,604         46,492         44,911

3.41%     3.86%         4.11%         4.50%         4.66%
13   61,991     54,716         51,553         47,346         45,765

3.33%     3.79%         4.04%         4.41%         4.57%
14   63,256     55,665         52,501         48,232         46,650

3.26%     3.73%         3.96%         4.33%         4.48%
15   64,522     56,614         53,451         49,086           47,504

3.20%     3.66%         3.89%         4.25%         4.40%
16   65,787     57,563         54,400         49,971         48,390

3.14%     3.60%         3.82%         4.17%         4.31%
17   67,052     58,511         55,348         50,825         49,244

3.07%     3.54%         3.75%         4.10%         4.23%
18   67,693     59,067         55,872         51,304         49,706

3.04%     3.50%         3.71%         4.06%         4.19%
19   68,339     59,628         56,401         51,787         50,173

3.01%     3.47%         3.68%         4.02%         4.15%
20   68,993     60,194         56,935         52,275         50,646

2.99%     3.44%         3.64%         3.98%         4.11%
21   69,653     60,765         57,474         52,767         51,122

2.96%     3.40%         3.61%         3.94%           4.07%
22   70,320     61,343         58,019         53,264         51,603

2.93%     3.37%         3.57%         3.90%         4.03%
23   70,993     61,927         58,570         53,767         52,089

2.90%     3.34%         3.54%         3.86%         3.99%

As further used in this act, references to the Education Finance Act or EFA funds shall be interpreted to mean the 63.60 percent of funds appropriated for State Aid to Classrooms and allocated for the Education Finance Act and, where appropriate, the 28.62 percent of State Aid to Classrooms allocated for Education Finance Act Employer Contributions.

For the purpose of maintaining consistency when calculating maintenance of effort, references to the base student cost shall be interpreted as the base student cost resulting from the 63.60 percent of funds appropriated for State Aid to Classrooms and allocated for the Education Finance Act and, where appropriate, the 28.62 percent of State Aid to Classrooms allocated for Education Finance Act Employer Contributions, and other any other items normally included in the base student cost calculation.

For the purpose of maintaining consistency when calculating the Base Student Cost, the base student cost calculation shall include funds from State Aid to Classrooms consisting of the 63.60% of funds appropriated for State Aid to Classrooms allocated based on the Education Finance Act formula and the 7.79% that are allocated to fully implement the State Minimum Teacher Salary Schedule.

For the current fiscal year, the funds appropriated for State Aid to Classrooms represent the State's contribution to the Aid to Classrooms program for direct instruction of students in kindergarten through grade twelve in our state, which is seventy-five percent of the total cost of funding one teacher salary for every 10.5 students. The salary cost used to determine the amount of funding required for the state effort is based on that of a teacher having a master's degree and twelve years of experience, which equates to $50,604 on the statewide minimum salary schedule for the current fiscal year and including fringe benefits is $66,524. The calculation of teachers for every student ratio includes those teachers eligible pursuant to Section 59-20-50(4)(b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the State. School districts are required to meet the statewide minimum salary schedule in the current fiscal year and are required to provide the annual step increase pursuant to Section 59-20-50. No school district is required to increase teacher salaries above the amount necessary to meet the statewide minimum salary schedule as prescribed in this act. For the current fiscal year, the provisions of Section 59-20-50(3) of the 1976 Code, as amended, are suspended.

To allocate the funds, the department will calculate the total number of weighted pupil units (WPUs) in each school district and in the State. The funds appropriated herein for State Aid to Classrooms represent the state share of the total Aid to Classrooms program, which is seventy-five percent. The local required effort is twenty-five percent of the total program. The total Aid to Classrooms funding for each district is calculated based on the district's percentage of the total statewide weighted pupils multiplied by the total Aid to Classrooms program. The district's local share is calculated by multiplying the total local share by the district's imputed index of taxpaying ability, which is the district's relative fiscal capacity compared to that of all other districts in the State. The State Aid to Classrooms amount allocated to each district will be determined by subtracting the calculation of the district's local share from the calculation of the district's total Aid to Classrooms projected funding. The Statewide Public Charter School District and any approved institution of higher education authorizing charter schools shall receive one hundred percent of the Aid to Classrooms funding from the State. For Fiscal Year 2022-23, each district will receive as its base the same funding it received in the previous fiscal year from State Aid to Classrooms, EIA - Aid to Districts, EIA - Students at Risk of School Failure, Allocations EIA - Teacher Salaries, Allocations EIA - Employer Contributions, and EIA - South Carolina Public Charter Schools. For Fiscal Year 2022-23, no local match is required for the State Aid to Classroom EIA distributions for the base funding rolled up from the previous fiscal year. Any additional money in State Aid to Classrooms will be distributed utilizing the new funding methodology in this provision.

To provide flexibility, each district may expend the funds as determined by the local school board of trustees to meet the educational needs of students as defined in Section 59-1-50, Chapter 18, Title 59, and as delineated in a child's Individualized Education Program (IEP). Pursuant to Section 59-20-80, each school board of trustees must make available by September first of each fiscal year its annual budget that includes state, local, and federal investments in education. The budget must be available on the district's website. The department, in collaboration with local school districts, will provide a template that each district must use in reporting its budget.

To provide transparency, Revenue and Fiscal Affairs will document annually, through an online financial dashboard, the expenditure of all state, local, and federal funds by each district and other relevant data. To ensure that the public reporting meets the needs of educators, parents, citizens, and policymakers, the department, in conjunction with Revenue and Fiscal Affairs, will convene a group of educators, parents, citizens, and policymakers to provide recommendations regarding the items and the design of the dashboard by January 1. District expenditures for the prior fiscal year must be published on the department's website for public disclosure by January 1.

If a traditional school district, charter school authorizer, or special school district fails to submit expenditure data needed for the online financial dashboard, the Revenue and Fiscal Affairs Office will notify the Department of Education. Within thirty days of such notification, the Department of Education must then withhold ten percent of all state payments to the district or authorizer until the district or authorizer complies and all payments will then be made.

To ensure accountability, each district's annual audit that is submitted to the Department of Education pursuant to Section 59-17-100 must be conducted using an auditing firm from an approved list provided by the State Auditor. The State Auditor will develop standards and criteria for determining qualifying auditors. Each district's annual audit must be available on the district's website.

For the current fiscal year the South Carolina Public Charter School District and any institution of higher education sponsoring a public charter school shall receive and distribute state Aid to Classroom funds to the charter school. Students enrolled in charter schools authorized by the South Carolina Public Charter School District or an institution of higher education will receive in addition to the base weight of 1.00 or in addition to the disability weight of 2.60 an additional weight based upon the type of charter school that they attend. These additional funds must support the provision of educational services for children served by a charter school that does not receive local revenues. These students are also eligible to receive additional weights for personalized instruction. The department will make any necessary adjustments to account for the state share for Charter and Special Districts.

Three and four year old students with a disability, who are eligible for services under IDEA and enrolled in brick and mortar charter schools sponsored by the South Carolina Public Charter School District or registered IHE, shall be included in student counts solely for the purposes of receiving the additional weighting for students attending a brick and mortar charter school.

For Fiscal Year 2022-23, special districts, career centers, and alternative schools will receive the amount received in the prior fiscal year from these funds.

The Revenue and Fiscal Affairs Office, must post in a prominent place on their website for each school district projections, including the per pupil state, federal and local revenues, excluding revenues of local bond issues, for the current fiscal year. Also, as soon as practicable, upon determining the exact numbers regarding pupil count and funding, the Revenue and Fiscal Affairs Office, shall also post on their website the one hundred thirty-five day average daily membership for each school district and per pupil state, federal and local revenues, excluding revenues of local bond issues, based on the most recent audited financial statement as reported annually pursuant to Section 59-17-100. The Department of Education and the Education Oversight Committee shall provide in a prominent place on their internet websites a link to the information posted by the Revenue and Fiscal Affairs Office, including the projected numbers and the exact numbers.

For the current fiscal year, the pupil classification weightings are as follows:

(1)   K-12 pupils or base students including homebound students           1.00

Students served in licensed residential treatment facilities (RTFs) for children and adolescents as defined under Section 44-7-130 of the 1976 Code shall receive a weighting of 2.10.

(2)   Weights for students with disabilities as prescribed in Section 59-20-40(1)(c) Special Programs as documented by their Individualized Education Plan (IEP)   2.60

(3)   Precareer and Career Technology                             1.29 1.20

(4)   Charter school students

(a)   Enrolled in brick and mortar school                         1.25

(b)   Enrolled in virtual charter school                           0.65

(4)(5)   Additional weights for personalized instruction:

(a)   Gifted and Talented                                   0.15

(b)   Academic Assistance                                   0.15

(c)   Limited English Proficiency                               0.20

(d)   Pupils in Poverty                                 0.20 0.50

(e)   Dual Credit Enrollment                                 0.15

No local match is required for the additional weightings for personalized instruction in the current school year. Charter school per pupil calculations for locally sponsored charters will continue to be calculated according to Section 59-40-140 of the 1976 Code. Students may receive multiple weights for personalized instruction; however, within each weight, students should only be counted once. These weights are defined below:

Students in poverty are students who qualify for Medicaid, SNAP, TANF, or are homeless, transient, or in foster care.

Gifted and talented students are students who are classified as academically or artistically gifted and talented or who are enrolled in Advanced Placement (AP), International Baccalaureate (IB), and Cambridge International courses in high school. Districts shall set-aside twelve percent of the funds for serving artistically gifted and talented students in grades three through twelve.

Students in need of academic assistance are students who do not meet state standards in mathematics, English language arts, or both on state approved assessments in grades three through eight and high school assessments for grades nine through twelve. The additional weight generates funds needed to provide additional instructional services to these students.

Students with limited English proficiency are students who require intensive English language instruction programs and whose families require specialized parental involvement intervention.

Funds received by a school district pursuant to the dual credit weighting must be used to defray all possible costs of dual credit courses for students. Students identified for dual credit enrollment must be identified in PowerSchool as taking a course that will lead to both high school credit and post-secondary credit. Districts must utilize these funds to offset the cost of tuition, fees, instructors, and instructional materials for qualifying courses with the local technical college or other institution of higher education. Each school district shall report to the department the number of students participating in dual credit courses and specify the cost borne by each entity. School districts must assist students in accessing Lottery Tuition Assistance when applicable.

Further, the Department of Education may use school district student counts for personalized instruction as collected in the same manner as the prior fiscal year, PowerSchool or other available existing data sources as determined by the department to calculate the school district add on weightings for the personalized instruction classifications and the determination of the school districts monetary entitlement. End of year adjustments shall be based on the one hundred thirty-five day student average daily membership for all classifications. During the current fiscal year, the department will update PowerSchool calculations, reports, screen development, documentation, and training to incorporate the new pupil classification weightings and to make final district allocation adjustments by June 30. The department must provide districts with technical assistance with regard to student count changes in PowerSchool.

Up to ten percent of any funds appropriated for State Aid to Classrooms at the end of the fiscal year may be carried forward into the subsequent fiscal year and allocated to school districts, the South Carolina Public Charter School District, and an institution of higher education that authorizes charter schools pursuant to this provision. The additional funds must first support increases in student enrollment and any balance may be allocated proportionately utilizing weighted pupil units to districts. Any additional unexpended funds shall revert to the general fund or to the EIA Fund.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1.79 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.79.   (SDE: Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers' salaries of the southeastern states as projected by the Revenue and Fiscal Affairs Office. For the current school year, the Southeastern average teacher salary is projected to be $53,426 $55,898. The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.

Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using at a minimum the district salary schedule utilized the prior fiscal year as the basis for providing the step. Application of this provision must be applied uniformly for all eligible certified teachers. For Fiscal Year 2021-22 2022-23, the requirement that school districts maintain local salary supplements per teacher no less than their prior fiscal year level is suspended if additional State funds fill the gap.

Funds allocated by Proviso 1.3 for implementing a revised state minimum salary schedule for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50(4)(b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state by not less than one thousand dollars. Districts must use the district salary schedule utilized the prior fiscal year as the basis for providing the increase.

For purposes of this provision, teachers shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.36 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.36.   (SDE-EIA: Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers' salaries of the southeastern states as projected by the Revenue and Fiscal Affairs Office. For the current school year, the Southeastern average teacher salary is projected to be $53,426 $55,898. The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.

Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using at a minimum the district salary schedule utilized the prior fiscal year as the basis for providing the step. Application of this provision must be applied uniformly for all eligible certified teachers. For Fiscal Year 2021-22 2022-23, the requirement that school districts maintain local salary supplements per teacher no less than their prior fiscal year level is suspended if additional State funds fill the gap.

Funds allocated by Proviso 1.3 for implementing a revised state minimum salary schedule for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50(4)(b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state by not less than one thousand dollars. Districts must use the district salary schedule utilized the prior fiscal year as the basis for providing the increase.

For purposes of this provision, teachers shall be defined by the Department of Education using the Professional Certified Staff (PCS) System.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.24 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.24.   (SDE-EIA: Students at Risk of School Failure) For the current fiscal year, EIA funds appropriated for students at academic risk of school failure, must be allocated to school districts based upon two factors: (1) poverty as determined for the poverty add on weight in Proviso 1.3; and (2) the number of weighted pupil units identified in the prior fiscal year as in need of academic assistance. At least eighty-five percent of the funds must be spent on instruction and instructional support for students at academic risk. Instructional support may include family literacy and parenting programs to students at-risk for school failure and their families. Students at academic risk are defined as students who are not meeting grade level standards in English language arts/reading and mathematics as evidenced by summative state assessments in grades three through eight or students who are not on track to meeting or exceeding English language arts/reading or mathematics standards by the end of third grade. Public charter schools, the Palmetto Unified School District, and the Department of Juvenile Justice must also receive a proportionate per pupil allocation based on the number of students at academic risk of school failure served.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.30 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.30.   (SDE-EIA: Aid to Districts) Funds appropriated in Part IA, Section 1, VIII.A.1. Aid to Districts shall be disbursed monthly to school districts. For the current fiscal year, the remaining funds shall be allocated to districts based on the number of weighted pupil units.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.32 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.32.   (SDE-EIA: IDEA Maintenance of Effort) Prior to the dispersal of funds appropriated in Section VIII.A.1. Aid to Districts according to Proviso 1A.30 for the current fiscal year, in the event that there is a reduction in state funds or there are changes in the Education Finance Act/Base Student Cost formula that would reduce support for children with disabilities, the Department of Education is authorized to utilize funds appropriated in Section VIII.A.1. Aid to Districts to ensure maintenance of state financial support for the IDEA. The department shall distribute these funds using the current fiscal year one hundred thirty-five day Average Daily Membership or as directed by the United States Department of Education. Funds provided for these purposes may not be transferred to any other purpose and therefore are not subject to flexibility. For continued compliance with the federal maintenance of state financial support requirements of the IDEA, funding for children with disabilities must, to the extent practicable, be held harmless to budget cuts or reductions to the extent those funds are required to meet federal maintenance of state financial support requirements under the IDEA. In the event cuts to funds that are needed to maintain fiscal effort are necessary, when administering such cuts, the department must not reduce funding to support children with disabilities who qualify for services under the IDEA in a manner that is disproportionate to the level of overall reduction to state programs in general. By December first, the department must submit an estimate of the IDEA maintenance of state financial support requirement to the General Assembly and the Governor. For the current fiscal year, the department may carry forward IDEA Maintenance of Effort funds from the prior fiscal year and expend them in the same manner.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.49 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.49.   (SDE-EIA: South Carolina Public Charter School Funding) The funds appropriated in Part IA, Section VIII.H.- South Carolina Public Charter School Statewide Sponsor must be allocated in the following manner to students at charter schools within the South Carolina Public Charter School District or within a registered Institution of Higher Education: Pupils enrolled in virtual charter schools sponsored by the South Carolina Public Charter School District or a registered Institution of Higher Education shall receive $1,900 per weighted pupil and pupils enrolled in brick and mortar charter schools sponsored by the South Carolina Public Charter School District or a registered Institution of Higher Education shall receive $3,600 per weighted pupil. Three and four year old students with a disability, who are eligible for services under IDEA and enrolled in brick and mortar charter schools sponsored by the South Carolina Public Charter School District or registered IHE, shall receive $3,600 per student for brick and mortar charter schools. Three and four year old students with a disability, who are eligible for serves under IDEA and enrolled in charter schools sponsored by the South Carolina Public Charter School District or a registered IHE, shall be included in student counts for the South Carolina Public Charter School District and registered IHE's solely for purposes of funding under this proviso. Any unexpended funds, not to exceed ten percent of the prior year appropriation, must be carried forward from the prior fiscal year and expended for the same purpose. Any unexpended funds exceeding ten percent of the prior year appropriation must be transferred to the Charter School Facility Revolving Loan Program established in Section 59-40-175. For Fiscal Year 2021-22, the timelines set forth for ruling on charter school applications are extended for sixty calendar days for all applications submitted to the South Carolina Public Charter School District if the district determines that an applicant should be permitted to amend its application to meet the requirements of Section 59-40-60 and Section 59-40-70, of the 1976 Code, based on an applicant's proposal to address an existing achievement gap utilizing an evidence-based educational program in an underserved geographical area of the state including, but not limited to, charter schools proposed to be located in any school district that is a plaintiff in the Abbeville law suit. The South Carolina Public Charter School District shall report to the Senate Finance Committee and the House Ways and Means Committee on the outcomes of this extended time for a hearing at the end of the application cycle.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator FANNING raised a Point of Order under Rule 24A that Proviso 1A.72 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1A.72.   (SDE­EIA: ARP Maintenance of Equity): The Department of Education is authorized to utilize funds appropriated in State Aid to Classrooms - Maintenance of Effort and Equity to ensure Maintenance of Equity is met under the American Rescue Plan and maintenance of state financial support for IDEA.

Senator BENNETT spoke on the Point of Order.

The PRESIDENT took the Point of Order under advisement.

Senator MARTIN raised a Point of Order under Rule 24A that Proviso 1.96 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.96.   (SDE: Capital Improvement Payments) In the current fiscal year, any school district that is allocated state funds pursuant to this act may utilize any fees derived from developmental impact fees to pay debt service on projects included in the capital improvements plan for which the fees were imposed.

The PRESIDENT took the Point of Order under advisement.

Senator MARTIN raised a Point of Order under Rule 24A that Proviso 1.101 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.101.   (SDE: Graduation Requirements) Of the funds appropriated or authorized herein, and pursuant to Section 59-39-100 of the 1976 Code, the Department of Education, through the State Board of Education, is directed to promulgate regulations to update the current graduation requirements to include within the existing credits a required half credit in personal finance. The regulation shall be submitted to the State Board of Education for first reading by September 30th.

The PRESIDENT took the Point of Order under advisement.

Senator MARTIN raised a Point of Order under Rule 24A that Proviso 1.104 of Part 1B was out of order inasmuch as it was not germane to the Bill.

1.104.   (SDE: Charter School Accountability) In order to ensure funds allocated to charter schools promote quality school choices for parents and students and are expended to avoid the legal disputes, instability, fiscal challenges, and potential negative outcomes associated with charter hopping and charter shopping, only those public or independent institutions of higher learning registered with the State Department of Education, as of July 1, 2021, or approved by an application process developed by the State Board of Education pursuant to the Charter Schools Act after July 1, 2021, may register or operate as charter school sponsors during Fiscal Year 2022-23. During Fiscal Year 2022-23, the State Department of Education shall use funds allocated to it to develop a sponsor application process, which shall apply only to those public or independent institutions of higher learning who were not registered as charter school sponsors with the State Department of Education as of July 1, 2021, and which shall prioritize evidence that the institution of higher education has capacity to meet minimum requirements of a local education agency (LEA) as its primary criteria. No sponsor may receive funds in Fiscal Year 2022-23 for any charter school that attempts to transfer to that sponsor unless the transfer is approved by school's current sponsor in Fiscal Year 2021-22 as expressed in a vote at a public meeting by the current sponsor board of trustees or board of directors. Each current charter school sponsor shall adopt and implement policies, procedures, and practices that ensure good governance and are consistent with the charter school sponsor's powers and duties as an LEA as provided in the Charter Schools Act. Each charter school sponsor also shall submit a report on the performance of each of its sponsored charter schools and the sponsor's performance of its duties by June 30, 2023. Board members of charter schools or charter school sponsors are subject to removal pursuant to Section 59-19-60 of the 1976 Code to the same extent as other school district trustees in South Carolina or may be removed pursuant to any provision of the Charter Schools Act. Further, in the absence of any state law or regulation providing a process to transfer charters from one sponsor to another, no charter school may terminate its contract or charter for the purpose of transferring its charter or otherwise seek to transfer its charter from one sponsor to another unless the charter school follows the following procedure. The charter school board of directors shall place the transfer request on a public meeting agenda and take action on the request in open session not later than August 30, 2022. The charter school board shall permit public testimony, pursuant to its rules. Upon an affirmative vote of the charter school board, the charter school shall submit a written request to the current sponsor to transfer its charter to a different sponsor before September 1, 2022. The transfer must be effective on June 30, 2023. The proposed new sponsor shall issue a written final decision approving or denying the request to transfer before October 31, 2022. The proposed new sponsor may deny the request for any reason that is not arbitrary, capricious, discriminatory, or otherwise violative of law. A copy of the final decision must be served on the charter school applying to transfer, the current sponsor, and the State Department of Education before November 5, 2022. If the proposed new sponsor approves the request to transfer, the current sponsor shall issue a final decision approving or denying the request to transfer before December 31, 2022. The sponsor may, but is not required to, permit the charter school to submit materials or information to support its transfer request, all of which must be submitted at least five business days before the board hearing. No hearing is required. If a sponsor fails to comply with this provision, the State Department of Education may compel the sponsor to comply with this provision by withholding the sponsor's fees related to the charter school seeking to transfer until a final decision is issued. Each step of the transfer process must be conducted with proper notice, public discussion, and a vote by the board during a public meeting in accordance with the Freedom of Information Act. The current sponsor shall deny a request to transfer to the proposed new sponsor if the current sponsor determines the charter school's request to transfer is to avoid accountability, prohibited by law, untimely, or other good cause to deny the transfer exits. Good cause to deny the charter school's transfer request includes, but is not limited to: (a) violations of the charter, contract, or applicable law that have not been resolved by the charter school; (b) receipt of the lowest performance level rating under the state or federal accountability system at any grade level during the past two academic years by the charter school seeking to transfer; (c) more than one transfer request by the charter school within a five-year period; or (d) the charter school has operated less than three years with the current sponsor. The final decision of the current sponsor regarding the request to transfer is appealable to the Administrative Law Court.

The PRESIDENT took the Point of Order under advisement.

Senator RANKIN proposed the following amendment (AM CIRCUIT COURT JUDGES), which was carried over:

Amend the bill, as and if amended, Part IB, Section 57, JUDICIAL DEPARTMENT, page 416, after line 7, by adding an appropriately numbered new proviso to read:

/ (JUD: Leave for Circuit Court Judges) For the current fiscal year, Section 14-5-130 of the 1976 Code is suspended. /

Renumber sections to conform.

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Senator RANKIN explained the amendment.

On motion of Senator MALLOY, the amendment was carried over.

Senator CASH proposed the following amendment (5150R011.KMM.RJC.DOCX), which was tabled:

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 482, proviso 108.4 is amended to read:

/   108.4.     (PEBA: Funding Abortions Prohibited)   No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the mother's medical condition is one which, on the basis of the physician's good faith judgment, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function in which the life of the mother is at risk and the termination of the pregnancy is incidental to the lifesaving intervention, and the State Health Plan may not offer coverage for abortion services, including ancillary services provided contemporaneously with abortion services or services incidental to abortion except as permitted by this provision. Physicians shall act in accordance with the standard of care to preserve both the life of the mother and the life of the pre-born child. The Public Employee Benefit Authority must determine the amount of the total premium paid for health coverage necessary to cover the risks associated with reimbursing participants in the plan for obtaining an abortion in the circumstances covered by this provision. The determination must be based on actuarial data and empirical study in the same manner and by the same method that other risks are adjusted for in similar circumstances. The plan must report this determination annually to the respective Chairmen of the Senate Finance Committee and the House Ways and Means Committee.   /

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Senator CASH explained the amendment.

Senator KIMPSON spoke on the amendment.

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

Senator CASH spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Allen                     Bennett                   Davis
Fanning                   Gambrell                  Gustafson
Hembree                   Hutto                     Jackson
Johnson, Kevin            Johnson, Michael          Kimpson
Loftis                    Malloy                    Massey
Matthews                  McElveen                  McLeod
Sabb                      Scott                     Senn
Setzler                   Shealy                    Stephens
Williams

Alexander                 Cash                      Climer
Corbin                    Garrett                   Goldfinch
Kimbrell                  Martin                    Peeler
Reichenbach               Rice                      Talley
Turner                    Verdin                    Young

The amendment was laid on the table.

Senators HEMBREE and FANNING proposed the following amendment (SM RETURN TO WORK), which was adopted (#27):

Amend the bill, as and if amended, Part IB, Section 108, PUBLIC EMPLOYEE BENEFIT AUTHORITY, page 484, after line 9, by adding an appropriately numbered new proviso to read:

/   (PEBA: PORS and SCRS Return to Work) For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the Police Officer Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in this title for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member.

For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the South Carolina Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in this title for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member. /

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Senator HEMBREE explained the amendment.

The amendment was adopted.

Senator MARTIN raised a Point of Order under Rule 24A that Proviso 117.175 of Part 1B was out of order inasmuch as it was not germane to the Bill.

117.175.   (GP: Indirect Costs Exemption) For the current fiscal year, the requirements of Section 2­65­70(A) of the 1976 Code shall apply except, that for public institutions of higher learning, the first five hundred thousand dollars of a non­research grant shall be exempt when the grant directly supports the mission of another state agency, institution, or unit of government. Public institutions of higher learning shall provide a report to the Chairmen of the House Ways and Means Committee, Senate Finance Committee, and State Fiscal Accountability Authority by September 30 of the current fiscal year detailing the utilization of this provision.

The PRESIDENT took the Point of Order under advisement.

Senators CASH, HARPOOTLIAN and JACKSON proposed the following amendment (5150R009.KMM.RJC.DOCX), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 109, DEPARTMENT OF REVENUE, page 486, after line 21, by adding an appropriately numbered new proviso to read:

/109.__   (DOR:   Alcohol Consumables)   (A)   For the purposes of this proviso, 'alcohol consumable' means all products intended for consumption in frozen, gum, gelatin, or other nonliquid form containing alcoholic liquors, alcoholic beverages, wine, beer, ale, porter, or other similar malt or fermented beverages greater than one-half of one percent alcohol by volume.

(B)   Beginning on August 1, 2022, the sale of alcohol consumables in this State is prohibited. A person who sells alcohol consumables in violation of this provision is guilty of a misdemeanor and shall be fined one thousand dollars or imprisoned for up to thirty days; or both. Each sale of an alcohol consumable constitutes a separate offense.

(C)   From the appropriations contained in this act, the Department of Revenue shall partner with local law enforcement officials to provide adequate notice to the public and vendors of alcoholic consumables that the sale of alcohol consumables is prohibited beginning on August 1, 2022. /

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Senator CASH explained the amendment.

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

Senator CASH spoke on the Point of Order.

Senator RANKIN spoke on the Point of Order.

Senator CASH spoke resumed speaking on the amendment.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senators DAVIS and CAMPSEN proposed the following amendment (SM BOATING PILOT PROGRAM), which was adopted (#2):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 551, after line 36, by adding an appropriately numbered new proviso to read:

/   (A)   Of the funds appropriated to the Department of Natural Resources, there is established a pilot program within the department named the Public/Private Partnerships - Boating Safety. The pilot program shall administer a boating education course and increase overall boater safety and boater safety education. A list of approved courses must be provided on the department's website. The following persons must be provided a South Carolina boating safety certificate in both physical and electronic forms by the department:

(1)   a person who successfully completes a boating education course administered or approved by the department;

(2)   a person who provides satisfactory proof to the department that the person was issued a boater education certificate, or an equivalency, by another state; and

(3)   a person who provides satisfactory proof to the department that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard.

(B)   A person may not operate, upon the waters of this State, a vessel powered by an engine of ten horsepower or greater, a personal watercraft, or a specialty propcraft without having possession of a South Carolina boating safety certificate issued by the department in the person's name, unless the person:

(1)   was born on or before July 1, 2006;

(2)   is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;

(3)   is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;

(4)   is a nonresident in possession of a boater education certificate, or an equivalency, issued by another state in the nonresident's name; or

(5)   is accompanied by a person at least 18 years old who:

(a)   is in possession of a South Carolina boating safety certificate issued by the department in the person's name; or

(b)   meets one of the criteria in items (1) through (5) of this paragraph.

(C)   The department shall partner with motorboat rental businesses to ensure that:

(1)   a motorboat, including a personal watercraft, is not rented or leased to any person for operation on the waters of the state unless the renter or lessee has a valid watercraft operator's permit or is an exempt operator and is 18 years of age or older;

(2)   the motorboat rental business lists on each motorboat rental or lease agreement the name and age of each operator who is authorized to operate the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that only listed authorized operators operate the motorboat or personal watercraft;

(3)   the motorboat rental business provides each authorized operator (a) a summary of this provision together with any other relevant laws, regulations, and rules governing operation of motorboats and personal watercraft in the state and (b) instructions for safe operation. Each authorized operator must review the summary provided under this paragraph and must either successfully complete a boating education course administered or approved by the department; provide satisfactory proof to the motorboat rental business that the person was issued a boater education certificate, or an equivalency, by another state; or provide satisfactory proof to the motorboat rental business that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard before the motorboat or personal watercraft leaves the motorboat rental business premises; and

(4)   that the motorboat rental business provides a United States Coast Guard (USCG) approved wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water-skiing and any other required safety equipment to all persons who rent a personal watercraft at no additional cost.

(D)   A person who violates this provision shall be fined by the department not less than fifty dollars and not more than three hundred dollars, no part of which may be suspended. Revenues from fines under this provision must be retained by the department for support of the pilot program and boater safety. No court costs, assessments, or surcharges may be assessed against a person who violates this provision. A custodial arrest for a violation of this provision must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this provision does not constitute a criminal offense and must not be included in the records maintained by the department or in the records maintained by SLED. /   Renumber sections to conform.

Amend sections, totals and title to conform.

Senator DAVIS explained the amendment.

The amendment was adopted.

Senator JACKSON proposed the following amendment (SM JUSTICE FORTY), which was carried over and subsequently withdrawn:

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 552, after line 36, by adding an appropriately numbered new proviso to read:

/   (GP: Justice Forty Oversight Committee) (A) There is created a thirteen member Justice Forty Oversight Committee within state government to study opportunities to address the issue of environmental justice in South Carolina. The study committee shall be chaired by the Director of Environmental Affairs at the Department of Health and Environmental Control and shall:

(1)   identify disadvantaged and marginalized communities throughout South Carolina with environmental justice impact;

(2)   identify the infrastructure deficiencies in these communities;

(3)   assist members of the community in developing a plan to apply for assistance to secure funding for infrastructure projects; and

(4)   undertake other actions necessary to carry out the purpose of the committee.

(B)   The study committee shall be comprised of:

(1)   two members of the House of Representatives who serve on the Joint Bond Review Committee appointed by the Chairman of the House Ways and Means Committee;

(2)   two members of the Senate who serve on the Joint Bond Review Committee appointed by the Chairman of the Senate Finance Committee;

(3)   the Director of Environmental Affairs for the Department of Health and Environmental Control or his designee;

(4)   the Director of the Office of Regulatory Staff or his designee;

(5)   the Director of the Housing Finance and Development Authority or his designee;

(6)   the Director of the South Carolina Primary Health Care Association or his designee;

(7)   the Commissioner of Agriculture or his designee;

(8)   a member of the White House Environmental Justice Advisory Council;

(9)   the Secretary of Transportation or his designee; and

(10)   two members appointed by the Governor with experience in the designation and implementation of Opportunity Zones.

(C)   The study committee shall work with any other appropriate entities while undertaking its assigned duties.

(D)   The House of Representatives and the Senate shall provide appropriate staffing for the committee.

(E)   The study committee shall provide a report to the House Ways and Means Committee, the Senate Finance Committee, the White House Council on Environmental Quality, and the White House Environmental Justice Advisory Council by June 30, 2023, at which time the study committee shall be dissolved. /

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Senator JACKSON explained the amendment.

On motion of Senator JACKSON, with unanimous consent, the amendment was carried over and subsequently withdrawn.

Senator MATTHEWS proposed the following amendment (AM CAROLINA GOLD RICE), which was adopted(#3):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 552, after line 36, by adding an appropriately numbered new proviso to read:

/ (GP: Carolina Gold Rice) For the current fiscal year, the provisions of Section 39-31-70 of the 1976 Code do not apply to the sale of the heirloom grain commonly referred to as "Carolina Gold". /

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Senator MATTHEWS explained the amendment.

The amendment was adopted.

Senators CAMPSEN, GROOMS, CLIMER and KIMBRELL proposed the following amendment (SA\5150C024.JN.SA22.DOCX), which was adopted (#4):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 552, after line 36, by adding an appropriately numbered new proviso to read:

/(GP: Chicago Statement)   (A)   From the funds appropriated to a public institution of higher learning, the governing body of the public institution of higher learning must adopt, and act in accordance with, the following statement on the commitment to academic freedom and freedom of expression no later than August 1, 2022. The statement is commonly known as the "Chicago Statement" and has been adopted by over 80 institutions of higher education in the United States:

"[Public institution of higher learning] is committed to free and open inquiry in all matters--it guarantees all members of the [Public institution of higher learning] community the broadest possible latitude to speak, write, listen, challenge, and learn. Except insofar as limitations on that freedom are necessary to the functioning of [Public institution of higher learning], [Public institution of higher learning] fully respects and supports the freedom of all members of the [Public institution of higher learning] community "to discuss any problem that presents itself.

Of course, the ideas of different members of the [Public institution of higher learning] community will often and quite naturally conflict. But it is not the proper role of [Public institution of higher learning] to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive. Although [Public institution of higher learning] greatly values civility, and although all members of the [Public institution of higher learning] community share in the responsibility for maintaining a climate of mutual respect, concerns about civility and mutual respect can never be used as a justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members of our community.

The freedom to debate and discuss the merits of competing ideas does not, of course, mean that individuals may say whatever they wish, wherever they wish. [Public institution of higher learning] may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of [Public institution of higher learning]. In addition, [Public institution of higher learning] may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt the ordinary activities of [Public institution of higher learning]. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with [Public institution of higher learning]'s commitment to a completely free and open discussion of ideas.

In a word, [Public institution of higher learning]'s fundamental commitment is to the principle that debate or deliberation may not be suppressed because the ideas put forth are thought by some or even by most members of the [Public institution of higher learning] community to be offensive, unwise, immoral, or wrong-headed. It is for the individual members of the [Public institution of higher learning] community, not for [Public institution of higher learning] as an institution, to make those judgments for themselves, and to act on those judgments not by seeking to suppress speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the [Public institution of higher learning] community to engage in such debate and deliberation in an effective and responsible manner is an essential part of [Public institution of higher learning]'s educational mission.

As a corollary to [Public institution of higher learning]'s commitment to protect and promote free expression, members of the [Public institution of higher learning] community must also act in conformity with the principle of free expression. Although members of the [Public institution of higher learning] community are free to criticize and contest the views expressed on campus, and to criticize and contest speakers who are invited to express their views on campus, they may not obstruct or otherwise interfere with the freedom of others to express views they reject or even loathe. To this end, [Public institution of higher learning] has a solemn responsibility not only to promote a lively and fearless freedom of debate and deliberation, but also to protect that freedom when others attempt to restrict it."

(B)   If the governing body of a public institution of higher learning does not adopt this statement on or before August 1, 2022, then the State Treasurer must withhold all state payments to the public institution of higher learning until the statement is adopted.

(C)   If the governing body of a public institution of higher learning has adopted a substantially similar statement based on the Chicago statement, then it must act in accordance with the adopted statement, but does not need to adopt another statement.

(D)   At the public institution of higher learning's first scheduled budget subcommittee meeting in the House of Representatives and in the Senate, it shall provide a statement that it is acting in accordance with this proviso to the members of the appropriate budget subcommittees in the House of Representatives and the Senate.     /

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Senator CAMPSEN explained the amendment.

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

Senator CAMPSEN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the adoption of the amendment.

The amendment was adopted.

Senators WILLIAMS and MALLOY proposed the following amendment (JS NE FEDERAL MATCH), which was adopted (#5):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 578, proviso 118.19, after line 32, by inserting:

/(41.1)   The funds appropriated in Item (41)(h) may be used to match federal funds for new construction. /

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Senator WILLIAMS explained the amendment.

The amendment was adopted.

Senators KIMBRELL, MALLOY, CROMER and JACKSON proposed the following amendment (BQ AERONAUTICS DIRECTIVE), which was adopted (#6):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 583, proviso 118.19, after line 18, by inserting:

/(76.1) From the funds appropriated for Statewide Airport Growth Response, twenty percent shall be made available to fund airport(s) in counties that do not currently have a public airport. /   Renumber sections to conform.

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Senator KIMBRELL explained the amendment.

The amendment was adopted.

Senator ALLEN proposed the following amendment (AM REEDY FORK CENTER), which was adopted (#7):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 21, by striking:/ Lisa School House Rocks $25,000; /

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 21, by striking /Reedy Fork Center $75,000/ and inserting /Reedy Fork Center $100,000/

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Senator ALLEN explained the amendment.

The amendment was adopted.

Senators GUSTAFSON, SHEALY, HUTTO and MCELVEEN proposed the following amendment (SM LOCAL CHILD FATALITY REVIEW TEAMS), which was adopted (#8):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 35, after /$500,000/ by inserting

/ ,and $1 for Local Child Fatality Investigations /

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Senator GUSTAFSON explained the amendment.

The amendment was adopted.

Senator SHEALY proposed the following amendment (AM HHS NR), which was adopted (#9):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 22, after
/ $250,000; / by inserting:

/ Alzheimer's Disease Research Center $1; Special Olympics $1; PACE Center for Girls $1; M.A.D. USA $1; Child Advocacy Centers $1; and Girl Scouts Mountains to Midlands $1; /

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Senator SHEALY explained the amendment.

The amendment was adopted.

Senator LOFTIS proposed the following amendment (SM ARTIFICIAL INTELLIGENCE PILOT - AUTOENGINEERING PATHWAY), which was adopted (#10):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 14-15, by striking:/ and Artificial Intelligence Pilot - Autoengineering Pathway $500,000; /

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 583, proviso 118.19, line 22, after / $500,000 / by inserting / and Artificial Intelligence Pilot - Autoengineering Pathway $500,000; /

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Senator LOFTIS explained the amendment.

The amendment was adopted.

Senator MARTIN proposed the following amendment (AM CLASSIFIED POSITIONS), which was adopted (#11):

Amend the bill, as and if amended, Part IA, Section 66, DEPARTMENT OF PROBATION, PAROLE & PARDON SERVICES, page 184, line 16, by:

COLUMN 7   COLUMN 8

/   STRIKING:   28,410,825   22,416,269

and

INSERTING:   28,316,769   22,322,213/

Amend the bill further, as and if amended, Part IA, Section 65, DEPARTMENT OF CORRECTIONS, page 180, line 29, by:

COLUMN 7   COLUMN 8

/   STRIKING:   236,055,300   233,682,498

and

INSERTING:   236,149,356   233,776,554/

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Senator MARTIN explained the amendment.

The amendment was adopted.

Senator CASH proposed the following amendment (5150R012.KMM.RJC.DOCX), which was adopted (#18):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 294, proviso 1.48, after line 7, by inserting:

/   (3)   Notwithstanding subsection (1) and (2) of this proviso, no funds appropriated pursuant to this act may be used for classroom instruction concerning sexual orientation or gender identity by school personnel or third parties in kindergarten, including any pre-K programs, through grade 3. After grade 3, all classroom instruction concerning sexual orientation or gender identity by school personnel or third parties utilizing funds appropriated by this act must be age-appropriate and developmentally appropriate for students. If, upon investigation, the department determines that the district has violated the provisions of this subsection, then the Department of Education shall withhold one percent of the district's funds allocated in Part IA, Section 1, X - Student Health and Fitness Act until the department determines the district is in compliance./

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Senator CASH explained the amendment.

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

Senator CASH spoke on the Point of Order.

Senator HUTTO spoke on the Point of Order.

Senator CASH spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

The question then was the adoption of the amendment.

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

Adams                     Alexander                 Bennett
Campsen                   Cash                      Climer
Corbin                    Cromer                    Davis
Gambrell                  Garrett                   Goldfinch
Grooms                    Gustafson                 Hembree
Johnson, Michael          Kimbrell                  Loftis
Martin                    Massey                    Peeler
Rankin                    Reichenbach               Rice
Shealy                    Talley                    Turner
Verdin                    Williams                  Young

Allen                     Fanning                   Hutto
Jackson                   Johnson, Kevin            Kimpson
Matthews                  McLeod                    Sabb
Scott                     Stephens

The amendment was adopted.

Senator JACKSON proposed the following amendment (SM CHILDREN WITH DISABILITIES REPORT), which was adopted (#12):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 312, after line 8, by adding an appropriately numbered new proviso to read:

/   (SDE: Educational Services for Children with Disabilities Report) In order to determine whether educational services provided to students with disabilities are delivered effectively and efficiently and whether services or funding should be reformed, the Department of Education shall provide a report to the Joint Citizens and Legislative Committee on Children and to the Revenue and Fiscal Affairs Office on targets identified from the Annual Performance Report on the most recent State Performance Plan submitted as required by the Individuals with Disabilities Education Act (IDEA) of 2004, Section 616 and Section 619 to include all Indicators 1-16 (Indicator 1-Graduation; Indicator 2-Drop-out; Indicator 3-Achievement; Indicator 4-Significant Discrepancy (Suspension); Indicator 5-School-aged Least Restrictive Environment; Indicator 6-Preschool Least Restrictive Environment; Indicator 7-Preschool Outcomes; Indicator 8-Parent Involvement; Indicator 9-Disproportionate Representation (All Special Education); Indicator 10-Disproportionate Representation (Selected Categories); Indicator 11-60-Day Evaluation Timeline; Indicator 12-Part C to B Transition; Indicator 13-Transition Components; Indicator 14-Post-Secondary Outcomes; Indicator 15-Mediations; and Indicator 16-Due Process Complaints) and Tables 1-5 (Table 1-Child Count; Table 2-Personnel; Table 3-Placement; Table 4-Exiting; and Table 5-Discipline) required under these sections that have not been met by a school district.

The department shall submit the required reports to the Joint Citizens and Legislative Committee on Children committee on or before August 1, 2022. The Joint Citizens and Legislative Committee on Children is directed to report its finding and a work plan to assess and develop recommendations concerning service delivery to students with disabilities to the Governor, the General Assembly, the Department of Education, and the State Board of Education by November 1, 2022.   /

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Senator JACKSON explained the amendment.

The amendment was adopted.

Senators HEMBREE and FANNING proposed the following amendment (AM BASIC SKILLS ASSESSMENT ), which was carried over and subsequently adopted (#19):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 312, after line 8, by adding an appropriately numbered new proviso to read:

/ (SDE: Basic Skills Assessment) For the current fiscal year, a college or university educator preparation provider may choose to suspend the basic skills assessment for admission to a teacher preparation program/Praxis Core as established in Section 59-26-10, et. seq., of the 1976 Code. The college or university must submit their decision on whether or not to suspend the basic skills assessment for admissions to the State Board of Education no later than September 1. /

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Senator HEMBREE explained the amendment.

On motion of Senator HEMBREE, with unanimous consent, the amendment was carried over.

Senator HEMBREE explained the amendment.

The amendment was adopted.

Senator SCOTT proposed the following amendment (SM INSTITUTES OF INNOVATION), which was adopted (#13):

Amend the bill, as and if amended, Part IB, Section 11, COMMISSION ON HIGHER EDUCATION, page 359, proviso 11.21, lines 7-26, by striking the proviso in its entirety, and inserting

/   (CHE: Institutes of Innovation and Information) Of the funds appropriated to the Commission on Higher Education for the Institutes of Innovation and Information (Institutes), the commission may provide administrative services, oversight, consulting, technical assistance, and other services in support of the Institutes. The commission shall also establish a separate and distinct fund and/or nonprofit foundation to receive private donations on behalf of the program. This fund shall retain its interest earnings.

For accountability purposes, by March first, each institution shall submit a final report to the Commission on Higher Education that details the Institutes: (a) final expenditures and any remaining funds in the operating budget; (b) achieved goals and the timeline detailing when the goals were achieved; and (c) specific measures demonstrating success in implementing and meeting the stated goals. By March fifteenth, the Commission on Higher Education shall report this information to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee.

The Executive Director of the commission shall order an audit of any participating institution's Institutes of Innovation and Information program activities and expenditures as he deems necessary. /

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Senator SCOTT explained the amendment.

The amendment was adopted.

Senator KIMBRELL proposed the following amendment (5150R013.SP.JK.DOCX), which was carried over:

Amend the bill, as and if amended, Part IB, Section 23, MEDICAL UNIVERSITY OF SOUTH CAROLINA., page 361, after line 19, by adding an appropriately numbered new proviso to read:

/23._   (MUSC:   Pediatric Transgender Clinic)   No funds
appropriated to MUSC pursuant to this act shall be used to fund or support MUSC's pediatric transgender clinic   /

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Senator KIMBRELL explained the amendment.

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

Senator KIMBRELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

On motion of Senator MALLOY, with unanimous consent, the amendment was carried over.

Amend the bill, as and if amended, Part IB, Section 27, STATE LIBRARY, page 362, proviso 27.1, line 33, by inserting at the end to read:

/ Prior to receiving any of these funds, county libraries must certify to the State Library that their county libraries do not contain any books or materials that could be harmful to children or that appeals to the prurient interest. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator KIMBRELL explained the amendment.

On motion of Senator KIMBRELL, the amendment was withdrawn.

Senator KIMBRELL proposed the following amendment (AM AID TO COUNTY LIBRARIES V.2), which was carried over and subsequently withdrawn:

Amend the bill, as and if amended, Part IB, Section 27, STATE LIBRARY, page 362, proviso 27.1, line 33, by inserting at the end to read:

/ Prior to receiving any of these funds, county libraries must certify to the State Library that their county libraries do not offer any books or materials that could be harmful or that appeal to the prurient interest to children under the age of thirteen and that they do not provide access to these books or materials without a parent or guardian present. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator KIMBRELL explained the amendment.

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

Senator KIMBRELL spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator HUTTO spoke on the amendment.

On motion of Senator KIMBRELL, with unanimous consent, the amendment was carried over.

Senator MARTIN proposed the following amendment (5150R004.KMM.SRM.DOCX), which was adopted (#14):

Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF SOCIAL SERVICES, page 394, proviso 38.9, by striking lines 28 -30 and inserting:

/38.9.   (DSS: TANF - Immunizations Certificates)   The department shall require all TANF applicants and/or recipients to provide proof of age appropriate immunizations for children. If such immunizations have not been administered, the department shall assist in referring applicants to appropriate county health departments to obtain the immunizations. For the purposes of this proviso, COVID-19 vaccinations are not "age appropriate immunizations."   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

Senator CAMPSEN proposed the following amendment (SA\ 5150C002.JN.SA22.DOCX), which was adopted (#15):

Amend the bill, as and if amended, Part IB, Section 47, DEPARTMENT OF NATURAL RESOURCES, page 406, after line 28, by adding an appropriately numbered new proviso to read:

/(DNR: Blue Crab Fishery)   From the funds appropriated to the Department of Natural Resources, the department shall produce a report, no later than January 10, 2023, on sustainability of the blue crab fishery and prepare recommendations for seasons, closed zones, and catch limits. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

Senators HUTTO, STEPHENS, JACKSON, SABB, McLEOD, FANNING, KIMPSON and SENN proposed the following amendment (AM HATE CRIMES UNIT), which was tabled:

Amend the bill, as and if amended, Part IB, Section 59, OFFICE OF THE ATTORNEY GENERAL, page 419, after line 5, by adding an appropriately numbered new proviso to read:

/ (AG: Hate Crimes Unit) (A) From the funds appropriated, the Office of the Attorney General shall establish a Hate Crimes Unit. For the purposes of this provision, a "hate crime" means an offense committed against a victim who was intentionally selected because of the person's belief or perception regarding the victim's race, color, religion, sex, gender, national origin, sexual orientation, physical or mental disability, age, political opinion, or the exercise of a victim's political rights and privileges, whether or not the perception is correct.

(B)   This unit shall create and disseminate outreach materials on the topic of hate crimes so law enforcement agencies can better engage with communities; create and make available training materials for law enforcement agencies on how best to identify and respond to crimes that would meet the definition of a hate crime in this provision; be tasked with investigating offenses that meet the definition of a "hate crime"; analyze reported hate crimes in various regions in South Carolina; and assist law enforcement agencies in the investigation of hate crimes.

(C)   The department, in conjunction with the South Carolina Law Enforcement Division, sheriffs, and solicitors, shall maintain a database of reported hate crimes. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

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

Senator HUTTO spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

Senator HUTTO spoke on the amendment.

Senator MASSEY moved to lay the amendment on the table.

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

Alexander                 Bennett                   Campsen
Cash                      Climer                    Corbin
Cromer                    Gambrell                  Garrett
Goldfinch                 Gustafson                 Hembree
Johnson, Michael          Kimbrell                  Loftis
Martin                    Massey                    Peeler
Reichenbach               Rice                      Talley
Turner                    Verdin                    Young

Allen                     Davis                     Fanning
Hutto                     Jackson                   Johnson, Kevin
Kimpson                   Malloy                    Matthews
McElveen                  McLeod                    Sabb
Scott                     Senn                      Setzler
Shealy                    Stephens                  Williams

The amendment was laid on the table.

Senators SENN and BENNETT proposed the following amendment (SM PREGNANCY CRISIS CENTERS), which was adopted (#16):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 17, after "Center" by inserting:

/ including, Florence Crittenton, /

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Amend sections, totals and title to conform.

Senator SENN explained the amendment.

The amendment was adopted.

Senator SENN proposed the following amendment (SM FLORENCE CRITTENTON ), which was adopted (#17):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 22, after "$250,000" by inserting:

/ Florence Crittenton $1 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SENN explained the amendment.

The amendment was adopted.

Senator LOFTIS proposed the following amendment (SM SCHOOL IMPACT FEES), which was carried over:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 312, after line 8, by adding an appropriately numbered new proviso to read:

/ (SDE: School Impact Fees) For Fiscal Year 2022-23, there is a moratorium on the collection of school impact fees. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LOFTIS explained the amendment.

On motion of Senator LOFTIS, with unanimous consent, the amendment was carried over.

Senator CASH proposed the following amendment (5150R010.KMM.RJC.DOCX), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 340, after line 5, by adding an appropriately numbered new proviso to read:

/1A.__   (SED-EIA: Same Sex School Athletic Team Participation)     (A)   Interscholastic, intramural, or club athletic teams or sports that are sponsored by a public elementary or public secondary school must be expressly designated as one of the following based on the biological sex at birth of team members:

(a)   males, men, or boys;

(b)   females, women, or girls; or

(c)   coed or mixed, including both males and females.

(2)   Athletic teams or sports designated for males, men, or boys shall not be open to students of the female sex, unless no team designated for females in that sport is offered.

(3)   Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.

(4)   For purposes of this subsection, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(5)   A private elementary or private secondary school sponsoring an athletic team or sport in which its students or teams compete against a public elementary or public secondary school must also comply with this proviso for the applicable team or sport.

(B)(1)   A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the public elementary or public secondary school.

(2)   A student who is subject to retaliation or other adverse action by a public elementary or public secondary school or athletic association or organization as a result of reporting a violation of this proviso to an employee or representative of the a public elementary or public secondary school, or athletic association or organization, or to any state or federal agency with oversight of schools or postsecondary institutions in this State, has a cause of action for injunctive relief and any other relief available under law against the school, institution, or athletic association or organization.

(3)   A public elementary or public secondary school that suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.

(4)   A civil action brought under this proviso must be initiated no later than June 30, 2023.

(C)   A public elementary or public secondary school that violates this proviso is prohibited from drawing down funds appropriated by this act while the violation continues. /

Amend the bill further, as and if amended, Part IB, Section 11, DEPARTMENT OF EDUCATION - EIA, page 359, after line 26, by adding an appropriately numbered new proviso to read:

/11.__.   (CHE: Same Sex School Athletic Team Participation)     (A)   Intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public college or university must be expressly designated as one of the following based on the biological sex at birth of team members:

(a)   males, or men;

(b)   females, or women; or

(c)   coed or mixed, including both males and females.

(2)   Athletic teams or sports designated for males or men shall not be open to students of the female sex, unless no team designated for females in that sport is offered.

(3)   Athletic teams or sports designated for females orwomen shall not be open to students of the male sex.

(4)   For purposes of this subsection, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex at birth if the statement was filed at or near the time of the student's birth.

(5)   A private college or university sponsoring an athletic team or sport in which its students or teams compete against a public college or university must also comply with this proviso for the applicable team or sport.

(B)(1)   A student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the public college and university.

(2)   A student who is subject to retaliation or other adverse action by a public college or university or athletic association or organization as a result of reporting a violation of this proviso to an employee or representative of the public college or university, or athletic association or organization, or to any state or federal agency with oversight of public colleges or universities in this State, has a cause of action for injunctive relief and any other relief available under law against the public college or university, or athletic association or organization.

(3)   A public college or university that suffers any direct or indirect harm as a result of a violation of this proviso has a cause of action for injunctive relief and any other relief available under law against the governmental entity, licensing or accrediting organization, or athletic association or organization.

(4)   A civil action brought under this proviso must be initiated no later than June 30, 2023.

(C)   A public college or university that violates this proviso is prohibited from drawing down funds appropriated by this act while the violation continues. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator CASH explained the amendment.

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

Senator CASH spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senators KIMBRELL and CASH proposed the following amendment (AM AID TO COUNTY LIBRARIES V. 5), which was adopted (#20):

Amend the bill, as and if amended, Part IB, Section 27, STATE LIBRARY, page 362, proviso 27.1, line 33, by inserting at the end to read:

/ Prior to receiving any of these funds, county libraries must certify to the State Library that their county libraries do not offer any books or materials that appeal to the prurient interest of children under the age of thirteen in children's book sections of libraries and are only made available with explicit parental consent. /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator KIMBRELL explained the amendment.

The amendment was adopted.

On motion of Senator KIMBRELL, with unanimous consent, Amendment Nos. 27 and 27A were withdrawn.

Senator HUTTO proposed the following amendment (AM ALLENDALE COUNTY), which was adopted (#21):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 573, proviso 118.19, line 11, by striking /$4,500,000/ and inserting /$2,000,000/

Amend the bill further, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 573, proviso 118.19, after line 13, by inserting an appropriately lettered subsubitem to read:

/ ( ) Allendale County - Law Enforcement Agency Consolidation and Upgrades     $2,500,000;/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

Senator SENN proposed the following amendment (SM ST. CLARE MATERNITY HOME), which was adopted (#22):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 22, after "$250,000" by inserting:

/ St. Clare Maternity Home                                   $1/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SENN explained the amendment.

The amendment was adopted.

Senator LOFTIS proposed the following amendment (SM TRAUMATIC BRAIN INJURY), which was adopted (#23):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 28, after /$400,000; by inserting:

/ H510   Medical University of South Carolina - Traumatic Brain Injury Research $1;/

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LOFTIS explained the amendment.

The amendment was adopted.

Senator GUSTAFSON proposed the following amendment (DG\ 5150C018.NBD.DG22.DOCX), which was tabled:

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 3, by striking / Carolina Cup Equipment and Repairs $250,000 / and inserting
/ Carolina Cup Equipment and Repairs $875,000     /

Amend the bill further, Part IB, Section 118, STATEWIDE REVENUE, page 581, proviso 118.19, by striking line 3 inserting:

/   (o)   Regional Tourism Advertising       $   3,375,000;     /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator GUSTAFSON explained the amendment.

Senator SETZLER moved to lay the amendment on the table.

The amendment was laid on the table.

Senator SENN proposed the following amendment (SM NONRECURRING ITEMS), which was adopted (#24):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 584, proviso 118.19, line 13, by inserting:

/Morris Island Lighthouse Interior Repairs $400,000; American Landmark Middleton Place Foundation - Infrastructure Repairs $75,000; Dorchester Heritage Museum - Capital Fund Drive $75,000; and American Legion Post 170 $43,000; /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator SENN explained the amendment.

The amendment was adopted.

Senator FANNING proposed the following amendment (SM STATE AID TO CLASSROOMS), which was tabled:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 274, proviso 1.3, by striking the proviso in its entirety and inserting:

/   (SDE: State Aid to Classrooms) To the extent possible within available funds, it is the intent of the General Assembly to provide for one hundred percent of full implementation of the Education Finance Act via an allocation from the State Aid to Classrooms appropriation. The funds appropriated for State Aid to Classrooms shall be allocated as follows: 59.89 percent must be allocated based on the Education Finance Act formula and the differentiated student weightings in this Act; 27.30 percent must be allocated based on the manner of distribution of EFA employer contributions in the prior fiscal year; and 12.81 percent must be allocated to fully implement the State Minimum Teacher Salary Schedule with a minimum starting teacher salary of $38,500. The department is authorized to adjust the percentage allocation related to EFA employer contributions to accommodate for the disbursement of the state retirement funds and any other related employee allocation sent to districts. For the current fiscal year, the total pupil count is projected to be 761,855. These funds represent an average per pupil of $4,220 in State Aid to Classrooms. The average per pupil funding is projected to be $7,629 state, $1,274 federal, and $7,859 local. This is an average total funding level of $16,762 excluding revenues of local bond issues. It is the intent of the General Assembly that the consolidation of the Education Finance Act and Education Finance Act - Employer Contributions appropriations, and the subsequent allocation of the State Aid to Classrooms appropriation back to these categories, should not significantly alter the application of funding formulas or maintenance of effort requirements referencing the Education Finance Act and Education Finance Act - Employer Contributions.

The funds allocated from State Aid to Classrooms for implementing the revised State Minimum Teacher Salary Schedule shall be distributed to school districts using the EIA Teacher Salary Supplement methodology. The resulting estimated teacher salary schedule is as follows:

The State Minimum Teacher Salary Schedule for the current fiscal year is as follows:

CLASS 8 CLASS 7 CLASS 1 CLASS 2   CLASS 3

DR MASTERS MASTERS BACHELORS BACHELORS

DEGREE DEGREE DEGREE   DEGREE DEGREE
YRS EXP +30 HRS   +18 HRS

0   50,576   47,076 43,576   40,076     38,500

5.20%   5.61% 6.09%   6.65%     6.94%

1   51,093   47,313 43,877   40,338     38,619

5.14%   5.58% 6.04%   6.61%     6.92%

2   51,424   47,388 44,025   40,494     38,813

5.11%   5.57% 6.02%   6.58%     6.88%

3   51,736   47,457 44,164   40,607     38,962

5.08% 5.56% 6.00%   6.56%     6.86%

4   52,078   47,558 44,331   40,780     39,167

5.04% 5.55% 5.98%   6.53%     6.82%

5   52,370   47,625 44,462   40,888     39,306

5.01% 5.54% 5.96%   6.51%     6.79%

6   53,634   48,574 45,411   41,773     40,191

4.89% 5.43% 5.83%   6.37%     6.63%

7   54,900   49,522 46,359   42,627     41,046

4.77%   5.32% 5.70%   6.23%     6.49%

8   56,165   50,471 47,308   43,512     41,931

4.66%   5.21% 5.58%   6.10%     6.34%

9   57,430   51,421 48,257   44,366     42,785

4.55%   5.11% 5.46%   5.97%     6.21%
10 58,696   52,370 49,207   45,253     43,671

4.45%   5.01% 5.35%   5.85%     6.07%
11 59,960   53,318 50,155   46,106     44,524

4.35%   4.92% 5.25%   5.73%     5.95%
12 61,226   54,267 51,104   46,992     45,411

4.26%   4.83% 5.14%   5.62%     5.83%
13 62,491   55,216 52,053   47,846     46,265

4.17%   4.74% 5.05%   5.51%     5.71%

14 63,756   56,165 53,001   48,732     47,150

4.08%   4.66% 4.95%   5.41%     5.60%
15 65,022   57,114 53,951   49,586     48,004

4.00%   4.58% 4.86% 5.31%     5.49%
16 66,287   58,063 54,900   50,471     48,890

3.92%   4.50% 4.77%   5.21%     5.39%
17 67,552   59,011 55,848   51,325     49,744

3.84%   4.42% 4.69%   5.12%     5.29%
18 68,193   59,567 56,372   51,804     50,206

3.81%   4.38% 4.64%   5.07%     5.24%
19 68,839   60,128 56,901   52,287     50,673

3.77%   4.34% 4.60%   5.02%     5.19%
20 69,493   60,694 57,435   52,775     51,146

3.73%   4.30% 4.55%   4.97%     5.14%
21 70,153   61,265 57,974   53,267     51,621

3.70% 4.25% 4.51%   4.92%     5.09%
22 70,820   61,843 58,519   53,764     52,103

3.66% 4.21% 4.46%   4.88%     5.04%
23 71,493   62,427 59,070   54,267     52,589

3.62% 4.17% 4.42%   4.83%     4.99%

As further used in this act, references to the Education Finance Act or EFA funds shall be interpreted to mean the 59.89 percent of funds appropriated for State Aid to Classrooms and allocated for the Education Finance Act and, where appropriate, the 27.30 percent of State Aid to Classrooms allocated for Education Finance Act Employer Contributions.

For the purpose of maintaining consistency when calculating maintenance of effort, references to the base student cost shall be interpreted as the base student cost resulting from the 59.89 percent of funds appropriated for State Aid to Classrooms and allocated for the Education Finance Act and, where appropriate, the 27.30 percent of State Aid to Classrooms allocated for Education Finance Act Employer Contributions, and other any other items normally included in the base student cost calculation.

For the purpose of maintaining consistency when calculating the Base Student Cost, the base student cost calculation shall include funds from State Aid to Classrooms consisting of the 59.89 % of funds appropriated for State Aid to Classrooms allocated based on the Education Finance Act formula and the 12.81% that are allocated to fully implement the State Minimum Teacher Salary Schedule.

For the current fiscal year the South Carolina Public Charter School District and any institution of higher education sponsoring a public charter school shall receive and distribute state EFA funds to the charter school as determined by one hundred percent of the current years base student cost, as funded by the General Assembly multiplied by the weighted pupils enrolled in the charter school, which must be subject to adjustment for student attendance.

The Revenue and Fiscal Affairs Office, must post in a prominent place on their website for each school district projections, including the per pupil state, federal and local revenues, excluding revenues of local bond issues, for the current fiscal year. Also, as soon as practicable, upon determining the exact numbers regarding pupil count and funding, the Revenue and Fiscal Affairs Office, shall also post on their website the one hundred thirty-five day average daily membership for each school district and per pupil state, federal and local revenues, excluding revenues of local bond issues, based on the most recent audited financial statement as reported annually pursuant to Section 59-17-100. The Department of Education and the Education Oversight Committee shall provide in a prominent place on their internet websites a link to the information posted by the Revenue and Fiscal Affairs Office, including the projected numbers and the exact numbers.

For the current fiscal year, the pupil classification weightings are as follows:

(1)   K-12 pupils or base students including homebound students 1.00

Students served in licensed residential treatment facilities (RTFs) for children and adolescents as defined under Section 44-7-130 of the 1976 Code shall receive a weighting of 2.10.

(2)   Weights for students with disabilities as prescribed in Section 59-20-40(1)(c) Special Programs

(3)   Precareer and Career Technology 1.29

(4)   Additional weights for personalized instruction:

(a)Gifted and Talented 0.15

(b) Academic Assistance 0.15

(c) Limited English Proficiency 0.20

(d) Pupils in Poverty 0.20

(e) Dual Credit Enrollment 0.15

No local match is required for the additional weightings for personalized instruction in the current school year. Charter school per pupil calculations for locally sponsored charters will continue to be calculated according to Section 59-40-140 of the 1976 Code. Students may receive multiple weights for personalized instruction; however, within each weight, students should only be counted once. These weights are defined below:

Students in poverty are students who qualify for Medicaid, SNAP, TANF, or are homeless, transient, or in foster care.

Gifted and talented students are students who are classified as academically or artistically gifted and talented or who are enrolled in Advanced Placement (AP), International Baccalaureate (IB), and Cambridge International courses in high school. Districts shall set-aside twelve percent of the funds for serving artistically gifted and talented students in grades three through twelve.

Students in need of academic assistance are students who do not meet state standards in mathematics, English language arts, or both on state approved assessments in grades three through eight and high school assessments for grades nine through twelve. The additional weight generates funds needed to provide additional instructional services to these students.

Students with limited English proficiency are students who require intensive English language instruction programs and whose families require specialized parental involvement intervention.

Funds received by a school district pursuant to the dual credit weighting must be used to defray all possible costs of dual credit courses for students. Students identified for dual credit enrollment must be identified in PowerSchool as taking a course that will lead to both high school credit and post-secondary credit. Districts must utilize these funds to offset the cost of tuition, fees, instructors, and instructional materials for qualifying courses with the local technical college or other institution of higher education. Each school district shall report to the department the number of students participating in dual credit courses and specify the cost borne by each entity. School districts must assist students in accessing Lottery Tuition Assistance when applicable.

Further, the Department of Education may use school district student counts for personalized instruction as collected in the same manner as the prior fiscal year, PowerSchool or other available existing data sources as determined by the department to calculate the school district add on weightings for the personalized instruction classifications and the determination of the school districts monetary entitlement. End of year adjustments shall be based on the one hundred thirty-five day student average daily membership for all classifications. During the current fiscal year, the department will update PowerSchool calculations, reports, screen development, documentation, and training to incorporate the new pupil classification weightings and to make final district allocation adjustments by June 30. The department must provide districts with technical assistance with regard to student count changes in PowerSchool.

For Fiscal Year 2022-23, prior to making recommendations for changes to any state education funding formula to the General Assembly, Revenue and Fiscal Affairs shall meet with school business officials from a representative sample of school districts in the state including at a minimum one from each of the following categories: 1) districts with an Average Daily Membership of no more than 2,499; 2) districts with an Average Daily Membership of 2,500 - 4,999; 3) districts with an Average Daily Membership of 5,000-9,999; and 4) districts with an Average Daily Membership of 10,000 and higher. RFA shall include any recommendations made regarding reforms to school funding formulae by those business officials in any report made to the General Assembly./

Amend the bill further, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 303, proviso 1.79, by striking the proviso in its entirety, and inserting

/   (SDE-EIA: Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states as projected by the Revenue and Fiscal Affairs Office. For the current school year the Southeastern average teacher salary is projected to be $55,898. The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.

Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using the district salary schedule utilized the prior fiscal year as the basis for providing the step. Application of this provision must be applied uniformly for all eligible certified teachers. For Fiscal Year 2022-23, the requirement that school districts maintain local salary supplements per teacher no less than their prior fiscal year level is suspended if additional State funds fill the gap.

Funds allocated by Proviso 1.3 for implementing a revised state minimum salary schedule for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50(4)(b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state by not less than two thousand, five hundred dollars. Districts must use the district salary schedule utilized the prior fiscal year as the basis for providing the increase. /

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION-EIA, page 326, proviso 1A.36, by striking the proviso in its entirety, and inserting

/   (SDE-EIA: Teacher Salaries/SE Average) The projected Southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states as projected by the Revenue and Fiscal Affairs Office. For the current school year the Southeastern average teacher salary is projected to be $55,898. The General Assembly remains desirous of raising the average teacher salary in South Carolina through incremental increases over the next few years so as to make such equivalent to the national average teacher salary.

Additionally, for the current fiscal year, a local school district board of trustees must increase the salary compensation for all eligible certified teachers employed by the district by no less than one year of experience credit using the district salary schedule utilized the prior fiscal year as the basis for providing the step. Application of this provision must be applied uniformly for all eligible certified teachers. For Fiscal Year 2022-23, the requirement that school districts maintain local salary supplements per teacher no less than their prior fiscal year level is suspended if additional State funds fill the gap.

Funds allocated by Proviso 1.3 for implementing a revised state minimum salary schedule for Teacher Salaries must be used to increase salaries of those teachers eligible pursuant to Section 59-20-50(4)(b), to include classroom teachers, librarians, guidance counselors, psychologists, social workers, occupational and physical therapists, school nurses, orientation/mobility instructors, and audiologists in the school districts of the state by not less than two thousand, five hundred dollars. Districts must use the district salary schedule utilized the prior fiscal year as the basis for providing the increase.   /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator FANNING explained the amendment.

Senator BENNETT moved to lay the amendment on the table.

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

Alexander                 Bennett                   Campsen
Cash                      Climer                    Cromer
Davis                     Gambrell                  Garrett
Goldfinch                 Grooms                    Gustafson
Hembree                   Johnson, Michael          Kimbrell
Peeler                    Reichenbach               Rice
Senn                      Setzler                   Shealy
Talley                    Turner                    Verdin
Williams                  Young

Allen                     Corbin                    Fanning
Hutto                     Jackson                   Kimpson
Loftis                    Malloy                    Matthews
McLeod                    Sabb                      Scott
Stephens

The amendment was laid on the table.

Senator BENNETT proposed the following amendment (AM TEACHER SALARIES), which was adopted (#25):

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 304, proviso 1.79, line 3, by striking: / if additional State funds fill the gap /

Amend the bill further, as and if amended, Part IB, Section 1A, DEPARTMENT OF EDUCATION - EIA, page 326, proviso 1A.36, line 10, by striking:/ if additional State funds fill the gap /

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Senator BENNETT explained the amendment.

The amendment was adopted.

On motion of Senator LOFTIS, with unanimous consent, Amendment No. 30 was withdrawn.

Senator LOFTIS proposed the following amendment (SM SCHOOL IMPACT FEES V.2), which was ruled out of order:

Amend the bill, as and if amended, Part IB, Section 1, DEPARTMENT OF EDUCATION, page 312, after line 8, by adding an appropriately numbered new proviso to read:

/ (SDE: School Impact Fees) For any school impact fee implemented on or after July 1, 2022, there is a moratorium for the year 2022-2023 on the collection of school impact fees. /

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Senator LOFTIS explained the amendment.

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

Senator MARTIN spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Senator M. JOHNSON raised a Point of Order under Rule 24A that Proviso 117.95 of Part 1B was out of order inasmuch as it was not germane to the Bill.

117.95.   (GP: School Construction Development Impact Fee Assessment Prohibition) Governmental entities are prohibited from assessing South Carolina Development Impact Fees on the construction of new elementary, middle, or secondary schools. If a governmental entity violates this prohibition it shall have its Aid to Subdivisions Allocation reduced by the amount of the impact fee.

Senator MALLOY spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

Proviso 117.95 was ruled out of order.

Senator HARPOOTLIAN proposed the following amendment (SM COLUMBIA CONVENTION CENTER), which was adopted (#26):

Amend the bill, as and if amended, Part IB, Section 49, DEPARTMENT OF PARKS, RECREATION AND TOURISM, page 409, proviso 49.20, line 26, by striking /redirected/ and inserting /transferred to the Department of Agriculture /

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Senator McELVEEN explained the amendment.

The amendment was adopted.

Senators GOLDFINCH, HEMBREE and RANKIN proposed the following amendment (SA\5150C022.JN.SA22.DOCX):

Amend the bill, as and if amended, Part IB, Section 118, STATEWIDE REVENUE, page 583, line 12, by striking proviso 118.19(B)(74) and inserting:

/   (74)U120   Department of Transportation

(a) Rural Interstate Funding     $48,281,000;

(b)   Southern Segment Construction I-73   $350,000,000;

(c)   Permanent Improvement Enhancements   $5,000,000   ;

(d)   Permanent Improvement Operational and Safety Improvement           $5,000,000;

(e)   Permanent Improvement Rehabilitation   $5,000,000;

(f)   Permanent Improvement Bridges   $5,000,000;

(g)   Permanent Improvement Widenings and New Locations

$50,000,000;

(h)Other Operating Expenses     $5,000,000; /

Amend the bill further, Part IB, Section 118, STATEWIDE REVENUE, page 583, by striking line 16 and inserting:

/   CTC Acceleration Fund     $550,000,000;

Amend the bill further, Part IB, Section 118, STATEWIDE REVENUE, page 571, line 28, by deleting proviso 118.19(B)(1).

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On motion of Senator PEELER, with Senator GOLDFINCH retaining the floor on Amendment No. 41, the Senate agreed to stand adjourned to meet tomorrow, Wednesday, April 27, 2022, at 10:00 A.M.

On motion of Senator WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Sylvia Carolyn Scott Griffin of Dillon, S.C. Sylvia was a graduate of Dillon High School and Francis Marion University. She worked for 20 years with the Dillon County Welfare Department and 20 years as an American history, government and economics teacher. Sylvia was a lifelong member of First Baptist Church of Dillon where she served in many capacities over the years. She was a member of the Junior Charity League, Business and Professional Women's Club, Dillon Historical Society and vice president of the Dillon County Democratic Party to mention a few. Sylvia was a loving mother and devoted friend who will be dearly missed.

On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Henry Minis of Columbia, S.C. Henry was a beloved member of the Senate family who worked for nine years with the custodial team. Henry was a kind, gentle and hardworking man. He enjoyed riding his bicycle, searching for treasures at yard sales, fishing and spending time with his family. Henry was a loving husband, devoted father and doting grandfather who will be dearly missed.

At 7:23 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 10:00 A.M.

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