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

                                                    NO. 26

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2020

_________

WEDNESDAY, FEBRUARY 26, 2020

Wednesday, February 26, 2020
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

Psalm 86:12

"I will praise thee, O Lord my God, with my whole heart; And I will glorify Thy name for evermore."

Let us Pray. Great and loving God, we come to You in prayer, not confident in our own goodness but solely in Your grace.

You are our hope when we are down, our strength when we are weak and our savior when we are lost. You are our security in a world of constant change and turmoil.

Even when we forget You in the rush of life, You never forget us. Thank You for Your faithfulness and the privilege of living this week to Your glory. Fill the wells of our souls with Your strength and our minds with Your inspiration.

In Your holy name we pray. Amen

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

Point of Quorum

At 2:04 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Allen                     Bennett
Campbell                  Cash                      Climer
Corbin                    Cromer                    Davis
Fanning                   Goldfinch                 Gregory
Grooms                    Harpootlian               Hembree
Johnson                   Loftis                    Malloy
Martin                    Massey                    Matthews, John
Peeler                    Rice                      Sabb
Scott                     Senn                      Setzler
Shealy                    Sheheen                   Talley
Turner                    Verdin                    Williams
Young

A quorum being present, the Senate resumed.

Appointment Reported

Senator SHEALY from the Committee on Family and Veterans' Services submitted a favorable report on:

Statewide Appointment

Initial Appointment, Secretary of South Carolina Department of Veterans' Affairs, with term coterminous with Governor
Major General William F. Grimsley, 226 Green Winged Teal Drive S., Beaufort, SC 29907-1053

Received as information.

Doctor of the Day

Senator McELVEEN introduced Dr. Gary Culbertson of Sumter, S.C., Doctor of the Day.

Leave of Absence

At 3:19 P.M., Senator CROMER requested a leave of absence for Senator CAMPSEN until 7:00 P.M.

Leave of Absence

At 3:32 P.M., Senator MASSEY requested a leave of absence for Senator MARTIN for the balance of the day.

Leave of Absence

At 3:56 P.M., Senator TURNER requested a leave of absence for Senator TALLEY for the balance of the day.

Leave of Absence

At 5:05 P.M., Senator GAMBRELL requested a leave of absence for the balance of the day.

Expression of Personal Interest

Senator MASSEY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator MCELVEEN rose for an Expression of Personal Interest.

Remarks to be Printed

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1127 (Word version) -- Senator Senn: A BILL TO AMEND SECTION 12-6-3587(A) OF THE 1976 CODE, RELATING TO THE PURCHASE AND INSTALLATION OF A SOLAR ENERGY SYSTEM FOR HEATING WATER, SPACE HEATING, AIR COOLING, OR GENERATING ELECTRICITY, TO MAKE THE CREDIT FOR THE PURCHASE AND INSTALLATION OF SUCH ITEMS A REFUNDABLE CREDIT.
l:\s-res\ss\025sola.mr.ss.docx

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

S. 1128 (Word version) -- Senators Verdin, Goldfinch, Grooms, Peeler, Turner and Campbell: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF CLIVE CUSSLER, THE DISCOVERER OF THE H.L. HUNLEY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\s-res\dbv\016cliv.kmm.dbv.docx

The Senate Resolution was adopted.

S. 1129 (Word version) -- Senators Rankin, Grooms, Hutto, McElveen, Sabb, M. B. Matthews, Gambrell and Goldfinch: A BILL TO AMEND SECTION 58-31-20 OF THE 1976 SOUTH CAROLINA CODE OF LAWS TO PROVIDE A MEMBER OF THE BOARD OF DIRECTORS OF THE PUBLIC SERVICE AUTHORITY SHALL NOT BE APPOINTED FOR MORE THAN TWO UNEXPIRED CONSECUTIVE TERMS AND FOR EDUCATION AND EXPERIENCE REQUIREMENTS FOR A BOARD MEMBER; TO ADD SECTION 58-31-230 TO PROVIDE THAT THE OFFICE OF REGULATORY STAFF HAS AUTHORITY TO MAKE INSPECTIONS, AUDITS AND EXAMINATIONS OF THE PUBLIC SERVICE AUTHORITY FOR ELECTRIC AND WATER RATES; TO AMEND SECTION 58-31-380 TO ESTABLISH A PROCESS TO RECEIVE PUBLIC COMMENT AND A PUBLIC HEARING IN SETTING ELECTRIC RATES, AND FOR THE OFFICE OF REGULATORY STAFF TO REVIEW THE PROPOSED RATES AND COMMENT BEFORE THE RATES GO INTO EFFECT; TO AMEND SECTION 58-33-20 TO INCLUDE THE PUBLIC SERVICE AUTHORITY IN THE REQUIREMENTS FOR UTILITY FACILITY SITING; TO AMEND SECTION 58-37-40 TO DELETE SUBSECTION (A)(3); AND TO ADD SECTION 58-37-45 TO REQUIRE THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO SUBMIT AN INTEGRATED RESOURCE PLAN TO THE PUBLIC SERVICE COMMISSION AND TO PROVIDE FOR PLAN REQUIREMENTS.
l:\s-jud\bills\rankin\jud0087.hla.docx

Senator RANKIN spoke on the Bill.

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

HOUSE CONCURRENCES

S. 1122 (Word version) -- Senator Gambrell: A CONCURRENT RESOLUTION TO APPLAUD THE BELTON-HONEA PATH HIGH SCHOOL COMPETITIVE CHEER TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN EXCEPTIONAL SEASON AND TO SALUTE THEM ON WINNING THE 2019 CLASS AAAA STATE CHAMPIONSHIP TITLE.

Returned with concurrence.

Received as information.

S. 1124 (Word version) -- Senator McLeod: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ENTREPRENEUR AND PHILANTHROPIST, DR. FELIX KING EIREMIOKHAE FOR HIS OUTSTANDING, INNOVATIVE SUCCESS AND HIS REMARKABLE PHILANTHROPY IN THE NATION OF NIGERIA.

Returned with concurrence.

Received as information.

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

INTERRUPTED DEBATE

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

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

Amendment No. 126

Senator FANNING proposed the following amendment (WAB\ 419C202.SM.WAB20), which was was not adopted:

Amend the bill, as and if amended, Section 59-18-1635, as contained in SECTION 49, by adding an appropriately lettered subsection to read:

/   ( )     If the State Superintendent of Education fails to show progress with school after four consecutive years, the public must be notified in writing of the failure of the State Superintendent. Further, the school shall immediately revert back to the control of the local school district.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

Senator MARTIN spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 127

Senator FANNING proposed the following amendment (WAB\ 419C204.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(B), as contained in SECTION 49, by deleting the subsection and inserting:

/   (B)   If the State Superintendent of Education determines that a state-of-education emergency declaration is justified, then he must request that the State Board of Education and the county's legislative delegation meet to approve or disapprove the declaration. The State Board of Education and the county's legislative delegation must meet within ten days of the request to approve or disapprove the declaration.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

Senator MARTIN spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 128

Senator FANNING proposed the following amendment (WAB\ 419C205.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(C)(2), as contained in SECTION 49, by deleting the subsection and inserting:

/   (2)   assume management of the district. Once a district is declared in emergency status, the State Superintendent of Education assumes managerial responsibility of the school district, performing the role of a district superintendent. The role of the local school board and all functions thereof must be fulfilled by the State Board of Education and may not be fulfilled to any degree by the State Superintendent of Education.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Motion Adopted

On motion of Senator HUTTO, with unanimous consent, Senators HUTTO and M.B. MATTHEWS were granted leave to attend a meeting and were granted leave to vote from the balcony.

Amendment No. 129

Senator FANNING proposed the following amendment (WAB\ 419C209.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(E)(1), as contained in SECTION 49, by deleting the item and inserting:

/   (1)   Upon the State Board of Education's approval of a state-of-education emergency declaration, the local district board of trustees is dissolved. The State Superintendent of Education shall assume the authority and responsibilities of the district superintendent and the State Board of Education will assume the authority and responsibilities of the local board of trustees until district management is transitioned to the jurisdiction of an interim local district board of trustees appointed pursuant to this section.     /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was adoption of the amendment.

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

Ayes 11; Nays 31

AYES

Allen                     Fanning                   Harpootlian
Hutto                     Johnson                   Kimpson
Matthews, Margie          McLeod                    Reese
Sabb                      Scott

Total--11

NAYS

Alexander                 Bennett                   Campbell
Cash                      Climer                    Corbin
Cromer                    Davis                     Gambrell
Goldfinch                 Gregory                   Grooms
Hembree                   Leatherman                Loftis
Malloy                    Massey                    McElveen
Nicholson                 Peeler                    Rankin
Rice                      Senn                      Setzler
Shealy                    Sheheen                   Talley
Turner                    Verdin                    Williams
Young

Total--31

The amendment was not adopted.

Amendment No. 134

Senator FANNING proposed the following amendment (WAB\ 419C212.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640, as contained in SECTION 49, by adding an appropriately lettered subsection after subsection (H) to read:

/   ( )     If the State Superintendent of Education fails to show progress with the school district after four consecutive years, the public must be notified in writing of the failure of the State Superintendent. Further, the school shall immediately revert back to the control of the local school district. Board Elections must be set immediately. Upon election of the new school board, the local board will assume full authority of managing the school district, including the hiring of a new superintendent.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 135

Senator FANNING proposed the following amendment (WAB\ 419C213.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(E)(2)(a), as contained in SECTION 49, by deleting the subitem and inserting:

/   (a)   Once a district subject to subsection (C) has met annual targets identified in the district's revised strategic plan for sustained improvement for a minimum of three consecutive years, new elections must be held to elect all members of the local school board of trustees. After the local elections, the new board will immediately assume management of the school district, including the hiring of a superintendent. The interim local district board of trustees shall consist of five members appointed in the following manner, with a chairman elected by the appointees:

(i)     one member appointed by the Governor;

(ii)   one member appointed by the local legislative delegation; and

(iii)   three members appointed by the State Superintendent of Education in consultation with the local legislative delegation.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was adoption of the amendment.

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

Ayes 4; Nays 33

AYES

Allen                     Fanning                   McLeod
Reese

Total--4

NAYS

Alexander                 Bennett                   Campbell
Cash                      Corbin                    Cromer
Davis                     Gambrell                  Goldfinch
Gregory                   Grooms                    Hembree
Hutto                     Johnson                   Kimpson
Leatherman                Loftis                    Malloy
Massey                    Matthews, Margie          McElveen
Nicholson                 Peeler                    Rankin
Rice                      Sabb                      Scott
Senn                      Setzler                   Shealy
Turner                    Williams                  Young

Total--33

The amendment was not adopted.

Amendment No. 136

Senator FANNING proposed the following amendment (WAB\ 419C214.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(E)(2)(a), as contained in SECTION 49, by deleting the subitem and inserting:

/   (a)   Once a district subject to subsection (C) has met annual targets identified in the district's revised strategic plan for sustained improvement for a minimum of two consecutive years, the State Superintendent of Education shall submit to the State Board of Education documentation of such. The State Board of Education shall approve that an interim local district board of trustees be appointed. The interim local district board of trustees shall consist of five members appointed in the following manner with a chairman elected by the appointees:

(i)   one member appointed by the Governor;

(ii)   one member appointed by the local legislative delegation; and

(iii)   three members appointed by the State Superintendent of Education in consultation with the local legislative delegation.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 137

Senator FANNING proposed the following amendment (WAB\ 419C215.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(E)(2)(a), as contained in SECTION 49, by deleting the subitem and inserting:

/   (a)   Once a district subject to subsection (C) has met annual targets identified in the district's revised strategic plan for sustained improvement for a minimum of three consecutive years, the State Superintendent of Education shall submit to the State Board of Education documentation of such. The State Board of Education shall approve that an interim local district board of trustees be appointed. The interim local district board of trustees shall consist of five members appointed in the following manner with a chairman elected by the appointees:

(i)     one member appointed by the Governor;

(ii)   one member appointed by the local legislative delegation;

(iii)   one member appointed by the State Superintendent of Education in consultation with the local legislative delegation;

(iv)   one member appointed by a vote of the school improvement councils within the district; and

(v)   one member appointed by the local teachers employed in the district.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 138

Senator FANNING proposed the following amendment (WAB\ 419C216.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(E)(3), as contained in SECTION 49, by deleting the item and inserting:

/   (3)   For a maximum of two years and until the State Board of Education votes to end the state-of-education emergency, the interim local district board shall remain in place, and its appointed members shall continue to serve.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 139

Senator FANNING proposed the following amendment (WAB\ 419C217.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1640(G), as contained in SECTION 49, by deleting subsection (G).

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 140

Senator FANNING proposed the following amendment (WAB\ 419C047.AGM.WAB20), which was not adopted:

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

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

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

(2)   With any funds remaining after funding the eight trial districts, Beginning with the 2019-2020 school year, and each school year thereafter, the program must also be made available to be expanded to the remaining plaintiff school districts in Abbeville County School District et al vs. South Carolina and then expanded to eligible children residing in other school districts, with the program being expanded to every qualified child in all school districts by the 2019-2020 school year. The program must be expanded to the remaining school districts with a based on the school district's poverty index of ninety percent or greater. Priority must be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 School Year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children percentage, with expansion first in the school districts with the highest percentage.

(2)   No later than five school years following the program's expansion for every eligible child in all school districts, the program must be expanded further to include all children, regardless of financial eligibility, in all public school districts in this State.

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

B.   Section 59-156-130(B)(2) of the 1976 Code is amended to read:

"(2)   The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services or a statement of Medicaid eligibility. When the program is expanded pursuant to Section 59-156-120(A)(2), the provisions of this subsection regarding annual family income and Medicaid eligibility no longer apply."

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

"(C)   Providers may limit student enrollment based upon space available, but, if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved prekindergarten readiness assessment. Private providers must not be required to expand their programs to accommodate all children desiring enrollment, but are encouraged to keep a waiting list for students they are unable to serve due to space limitations. Upon the applicability of Section 59-156-120(A)(2), this subsection only applies to private providers."

D.   Section 59-156-220(A) of the 1976 Code is amended to read:

"Section 59-156-220(A).   The General Assembly shall provide funding for the South Carolina Child Early Reading Development and Education Program in the annual general appropriations act. For the 2019-2020 school year, the funded cost per child shall be the same as in 2016-2017, plus an inflation adjustment, and increased annually thereafter by the rate of inflation as determined by the Revenue and Fiscal Affairs Office for the Education Finance Act. Eligible students enrolling with private providers during the school year must be funded on a pro rata basis determined by the length of their enrollment."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 141

Senator FANNING proposed the following amendment (WAB\ 419C048.AGM.WAB20), which was withdrawn:

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

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

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

(2)   With any funds remaining after funding the eight trial districts, Beginning with the 2019-2020 school year, and each school year thereafter, the program must also be made available to be expanded to the remaining plaintiff school districts in Abbeville County School District et al vs. South Carolina and then expanded to eligible children residing in other school districts, with the program being expanded to every qualified child in all school districts by the 2019-2020 school year. The program must be expanded to the remaining school districts with a based on the school district's poverty index of ninety percent or greater. Priority must be given to implementing the program first in those of the plaintiff districts which participated in the pilot program during the 2006-2007 School Year, then in the plaintiff districts having proportionally the largest population of underserved at-risk four-year-old children percentage, with expansion first in the school districts with the highest percentage.

(2)   No later than five school years following the program's expansion for every eligible child in all school districts, the program must be expanded further to include all children, regardless of financial eligibility, in all public school districts in this State.

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

B.   Section 59-156-130(B)(2) of the 1976 Code is amended to read:

"(2)   The parent enrolling a child must complete and submit an application to the approved provider of choice. The application must be submitted on forms and must be accompanied by a copy of the child's birth certificate, immunization documentation, and documentation of the student's eligibility as evidenced by family income documentation showing an annual family income of one hundred eighty-five percent or less of the federal poverty guidelines as promulgated annually by the United States Department of Health and Human Services or a statement of Medicaid eligibility. When the program is expanded pursuant to Section 59-156-120(A)(2), the provisions of this subsection regarding annual family income and Medicaid eligibility no longer apply."

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

"(C)   Providers may limit student enrollment based upon space available, but, if enrollment exceeds available space, providers shall enroll children with first priority given to children with the lowest scores on an approved prekindergarten readiness assessment. Private providers must not be required to expand their programs to accommodate all children desiring enrollment, but are encouraged to keep a waiting list for students they are unable to serve due to space limitations. When the program is expanded pursuant to Section 59-156-120(A)(2), this subsection will only apply to private providers."

D.   Section 59-156-220(A) of the 1976 Code is amended to read:

"Section 59-156-220(A).   The General Assembly shall provide funding for the South Carolina Child Early Reading Development and Education Program in the annual general appropriations act. For the 2019-2020 school year, the funded cost per child shall be the same as in 2016-2017, plus an inflation adjustment, and increased annually thereafter by the rate of inflation as determined by the Revenue and Fiscal Affairs Office for the Education Finance Act. Eligible students enrolling with private providers during the school year must be funded on a pro rata basis determined by the length of their enrollment."

E.   This act takes effect upon approval by the Governor, and each expansion contained in Section 59-156-120 must be implemented upon available and sufficient funding as provided by the General Assembly in the annual general appropriations act.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING moved to withdraw the amendment.

Amendment No. 142

Senator FANNING proposed the following amendment (WAB\ 419C038.AGM.WAB20), which was not adopted:

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

/   SECTION   ___.   Changes to the public education academic standards, assessments, cut scores, and ratings currently used in this State are prohibited until July 1, 2024, at which time the Department of Education shall examine the achievement of students from July 1, 2019 to June 31, 2024 based on the academic standards, assessments, cut scores, and ratings in use during that time. The department shall provide a report recommending any changes to academic standards, assessments, cut scores, and ratings that it considers appropriate based on the findings of its examination to the General Assembly before November 1, 2024.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 143

Senator FANNING proposed the following amendment (WAB\ 419C169.SM.WAB20), which was adopted:

Amend the committee report, as and if amended, by deleting SECTION 39.A. and inserting:

/   SECTION   39.   A.   Section 59-5-63 of the 1976 Code is amended to read:

"Section 59-5-63.   (A)(1)   The State Board of Education shall promulgate regulations directing adopt, and revise as necessary, a policy that each local school board must use to develop and implement a plan that directs the principal of each elementary school having grades one kindergarten through six fifth grade to provide all full-time teachers who are assigned to a classroom with at least thirty minutes of unencumbered time on each regular school day to develop and implement a plan which shall equitably apportion lunchroom duty among the teachers so that each teacher has as many duty free lunch periods as may be reasonable in order to insure the safety and welfare of students and staff. The implementation of the plan shall not impose additional costs on the school districts. The regulations shall direct that the plan be in effect for the 1984 85 school year.

(2)   The State Board of Education's policy must:

(a)   provide the process that a local school board must follow in developing a unencumbered time policy, including, but not limited to, policy application, manner of application, and times of application;

(b)   provide that unencumbered time may not be withheld or reduced, unless it is reasonable and necessary due to extreme and unavoidable circumstances to ensure the safety and welfare of students and staff;

(c)   provide that additional compensation may not be offered in place of unencumbered time;

(d)   provide penalties if a principal fails to comply with the local unencumbered time policy; and

(e)   provide penalties if a local school board fails to comply with this section.

(B)   The local school board must adopt an unencumbered time policy at a regularly scheduled meeting within three months of the State Board of Education's adoption of a statewide policy. The local school board's policy must include, at a minimum, the State Board of Education's policy but may also include additional provisions. If the State Board of Education revises the statewide policy, then the local school board must incorporate and adopt the revisions into the local unencumbered time policy at a regularly scheduled meeting within three months.

(C)   The local school board must submit its unencumbered time policy and any subsequent revisions to the Department of Education within thirty days of adoption."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

Senator SETZLER moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 144

Senator FANNING proposed the following amendment (WAB\ 419C164.SM.WAB20), which was withdrawn:

Amend the bill, as and if amended, Section 59-20-50(4)(b), as contained in SECTION 37.A., by deleting the subitem and inserting:

/   SECTION   37.   A.   Section 59-20-50(4)(b) of the 1976 Code is amended to read:

"(b)   The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. The minimum starting teacher salary for a teacher with no years of experience and a bachelor's degree must be at least thirty-five thousand dollars. The General Assembly shall establish the starting teacher salary, the salary schedule, and the Education Finance Act inflation factor each year in the annual appropriations act. Annual salary increases must be based on funding provided by the General Assembly in the annual appropriations act and provided through adjustments in the salary schedule to educators identified by the Department of Education as eligible to receive the Education Improvement Act teacher salary supplement during Fiscal Year 2019-2020 as reported to the Revenue and Fiscal Affairs Office. The state teacher salary scale shall extend with steps through year twenty-eight. The amount of increase to each subsequent step must be equal to the percentage increase in prior-authorized, existing steps. In Fiscal Year 1985, the 1.000 figure in the index is $14,172. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year 1986, the 1.000 figure in the index must be adjusted on a schedule to stay at the southeastern average as projected by the Office of Research and Statistic of the Revenue and Fiscal Affairs Office and provided to the General Assembly during their deliberations on the annual appropriations bill. The southeastern average teacher salary is the average of the average teachers' salaries of the southeastern states. In projecting the southeastern average, the office shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their prior fiscal level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:

(1)   holding a valid professional certificate;

(2)   having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;

(3)   meeting the minimum qualifying score on the appropriate area teaching examination; or

(4)   meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 145

Senator FANNING proposed the following amendment (WAB\ 419C165.SM.WAB20), which was withdrawn:

Amend the bill, as and if amended, Section 59-20-50(4)(b), as contained in SECTION 37.A., by deleting the item and inserting:

/   SECTION   37.   A.   Section 59-20-50(4)(b) of the 1976 Code is amended to read:

"(b)   The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. The minimum starting teacher salary for a teacher with no years of experience and a bachelor's degree shall be at least thirty-five thousand dollars. The General Assembly shall establish the starting teacher salary, the salary schedule, and the Education Finance Act inflation factor each year in the annual appropriations act. Annual salary increases must be based on funding provided by the General Assembly in the annual appropriations act and provided through adjustments in the salary schedule to educators identified by the Department of Education as eligible to receive the Education Improvement Act teacher salary supplement during Fiscal Year 2019-2020 as reported to the Revenue and Fiscal Affairs Office. In Fiscal Year 1985, the 1.000 figure in the index is $14,172. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year 1986, the 1.000 figure in the index must be adjusted on a schedule to stay at the southeastern average as projected by the Office of Research and Statistic of the Revenue and Fiscal Affairs Office and provided to the General Assembly during their deliberations on the annual appropriations bill. The southeastern average teacher salary is the average of the average teachers' salaries of the southeastern nation's fifty states states. In projecting the southeastern average, the office shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their prior fiscal level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:

(1)   holding a valid professional certificate;

(2)   having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;

(3)   meeting the minimum qualifying score on the appropriate area teaching examination; or

(4)   meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20."   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING moved that the amendment be withdrawn.

The amendment was withdrawn.

Amendment No. 146

Senator FANNING proposed the following amendment (WAB\ 419C077.SM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-1950(B), as contained in SECTION 8, by adding an appropriately numbered item at the end to read:

/   ( )   The Revenue and Fiscal Affairs Office shall report annually to the General Assembly the total cost of the tracking of South Carolina students and graduates.     /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Amendment No. 147

Senator FANNING proposed the following amendment (WAB\ 419C287.AGM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-365(A), as contained in SECTION 6.A., by deleting the subsection and inserting:

/   (A)   For the purposes of monitoring student progress and tracking growth toward college and career readiness, the department shall track student performance from kindergarten through the twelfth grade in reading and mathematics along a common, consistent scale that is nationally recognized and approved by the Education Oversight Committee. At least annually, and before August fifteenth, the department shall provide the resulting measures of student performance to parents and teachers. These measures must be designed to help parents and teachers better understand which skills and concepts a student is ready to learn and to help to form instruction, track growth, and identify appropriate resources for students. A local school district may also provide information on Lexile measures on interim or benchmark assessments administered by the local school district or local school during the school year.     /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

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

Ayes 17; Nays 21

AYES

Allen                     Climer                    Fanning
Harpootlian               Hutto                     Johnson
Kimpson                   Malloy                    Matthews, Margie
McElveen                  McLeod                    Nicholson
Sabb                      Scott                     Setzler
Sheheen                   Williams

Total--17

NAYS

Alexander                 Bennett                   Campbell
Cash                      Corbin                    Cromer
Davis                     Goldfinch                 Gregory
Grooms                    Hembree                   Loftis
Massey                    Peeler                    Rankin
Rice                      Senn                      Shealy
Turner                    Verdin                    Young

Total--21

The amendment was not adopted.

Amendment No. 148

Senator FANNING proposed the following amendment (WAB\ 419C288.AGM.WAB20), which was not adopted:

Amend the bill, as and if amended, Section 59-18-365(B), as contained in SECTION 6.A., by deleting the subsection and inserting:

/   (B)   The department may provide online and printed resources for assisting parents in improving student growth in reading and mathematics to ensure all students graduate with the skills necessary to be college and career ready. Parent resources must include information that identifies the Lexile scores recommended for specific careers.   /

Renumber sections to conform.

Amend title to conform.

Senator FANNING spoke on the amendment.

The question was the adoption of the amendment.

The amendment was not adopted.

Motion Adopted

On motion of Senator MASSEY, the Senate agreed to stand adjourned.

MOTION ADOPTED

On motion of Senator McELVENN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Andrew Gellette of Sumter, S.C. Cpl. Gellette was an Air Force Veteran and served with the Sumter County Sherriff's Office. He was named employee of the month in 2015 and promoted to corporal in 2016 and in 2018. He was a loving father and husband who will be dearly missed.

ADJOURNMENT

At 5:31 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Wednesday, February 26, 2020 at 6:23 P.M.