S E N A T E A M E N D M E N T

   AMENDMENT NO. _____

310896031496000/SM

CREATEDATE \@ "MMMM d, yyyy" \* MERGEFORMAT April 22, 2026

ADOPTED		TABLED	CARRIED OVER	FAILED	RECONSIDERED

Clerk of the Senate

   ADOPTION NO. _____

BILL NO: H.5126  (Reference is to Printer's Date 04/21/26-S.)

04572000 

 Senator DAVIS proposes the following amendment (SM SCOUT MOTORS):

 Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 581-582, line , by amending the proviso to read:

/ (GP: Scout Motor Site Cost Review) (A) With the funds appropriated in this act, the Legislative Audit Council (LAC) shall review cost overruns associated with the Scout Motors manufacturing site in Blythewood, Richland County, for which the Department of Commerce has requested a $150 million general fund appropriation.

 (B) The review shall address: (1) the accuracy of the $150 million figure and the risk of further cost growth;(2) whether the acquisition and development costs associated with the Scout Motors Site in Blythewood were greater than they would have been had the Department of Commerce selected a tract that is flatter and more open and whether such a tract was available; (3) the adequacy of the Department of Commerce's original environmental due diligence and consultant qualifications; (4) when the Department of Commerce or its agents received notice that the original mitigation package was inadequate, and what action was taken; (5) the prudence of commencing upland construction before the federal wetlands permit issued, including the decision to retain rather than demobilize heavy equipment during the five-month permit suspension; (6) the itemized basis for the road overruns, distinguishing scheduling disruption from estimation error;(7) all phases of construction, subcontracts, Gantt charts, pay applications, change orders and payments; (8) whether the incentive contract or any professional liability remedy provides a basis to recover overrun costs from responsible parties; and (9) what systemic reforms to the Department of Commerce's project management, environmental due diligence, and legislative reporting practices are needed to prevent recurrence.

 (C) The LAC shall also determine: (1) a complete payment schedule identifying each payee, the legal basis, amount, and deadline for each obligation; (2) the amount owed to South Carolina Department of Transportation and whether that interagency obligation warrants the same urgency as payments to private parties; (3) the amount attributable to future environmental remediation, its projected payment schedule, and whether a phased appropriation would satisfy all contractual obligations; (4) whether any portion of the $150 million reflects contingent or unincurred costs; and (5) whether any obligations are in default or at imminent risk of default and the amount required to cure or prevent that default.

 (D) All state agencies shall cooperate fully and produce requested records within fifteen days. The LAC shall have access to all contracts, invoices, correspondence, consultant reports, and permitting and communications records related to the project.

 (E) Where evidence of potential legal liability is found, the LAC shall make appropriate referrals to the Office of the Inspector General and notify the Chairmen of Senate Finance and House Ways and Means within ten days.

 (F) A joint written report shall be delivered to the President of the Senate, the Speaker of the House of Representatives, the Chairmen of Senate Finance and House Ways and Means, the Governor, and the Attorney General within 120 days of the effective date of this act. No funds shall be expended to satisfy the $150 million request until the report has been delivered and the General Assembly has enacted specific authorizing legislation approving the expenditure of such funds outside of the annual Appropriations Act. / 

 Renumber sections to conform.

 Amend sections, totals and title to conform.