Law Offices of

Riley Pope & Laney, LLC

UNDER THE DOME UPDATE 03-16

This week, the Senate met briefly each day to allow the Finance Committee time to work on the road funding bill and the Transportation Committee time to work on the Department of Transportation reform bill. The House continued to meet in brief sessions to allow for budget subcommittee work, while House Education Committee Chairwoman Rita Allison (R – Spartanburg) and others introduced an education reform package stemming from recommendations of the House Education Policy Review and Reform Task Force which has been meeting over the past year to draft a plan in response to the Abbeville School Equity Funding lawsuit (see bill introductions below).

Senate Finance and Transportation Committees on Road Funding and DOT Reform

Senate Finance Committee

The full Senate Finance Committee met throughout the week on H. 3579, the Infrastructure Finance Reform and Tax Relief bill. On Tuesday, Senator Ray Cleary (R – Horry, one of the Senate leads on the bill) started with an overview of the working group’s progress. Cleary thanked members of the working group [Senators Joel Lourie (D – Richland), Shane Massey (R – Edgefield), Sean Bennett (R – Dorchester), Brad Hutto (D – Orangeburg), Wes Hayes (R – York), Vincent Sheheen (D – Kershaw) and Darrell Jackson (D – Richland)] and described how the group did not really know where to begin with the 375 pending amendments on the Senate desk. There still is not a consensus according to Cleary, but he asked members of the Finance Committee to use the Cleary / Lourie document as a starting point for debate. Committee Chairman Hugh Leatherman (R – Florence) reminded members that Senator Grooms and the Transportation Committee were working on Department of Transportation (“DOT”) reform and would hopefully craft a bill to move forward with H.3579; therefore, there was no need to review the DOT reform portion of H.3579.

Wednesday’s discussion lingered on different tax relief proposals. Chairman Leatherman began a discussion on the federal gas tax said the Committee needs to look at the property taxes on businesses. Senator Sheheen suggested a reduction in property taxes, which according to Sheheen are the highestin the country. Senator Harvey Peeler (R – Gaffney, Senate Majority Leader)asked if they had considered lowering the state sales tax by 1¢, and Senator Lourie noted many members of the working group believed reducing the income tax was more of a priority. Senator Sheheen said a sales tax reduction would benefit everyone in South Carolina, and not just specific tax brackets. The Senate Finance Committee will reconvene next Tuesday, February 2nd to continue debate on H.3579.

Senate Transportation Committee

While the Senate Finance Committee debated H.3579, the Senate Transportation Committee met throughout the week on S.561, which would reform the DOT and is one of the three key points to passing a road funding bill. Most of the week’s debate centered on DOT Commission appointments and the Secretary of Transportation. Senator Harvey Peeler and several committee members liked the idea of using the DHEC Board model to fill the DOT Commission, but Senator Gerald Malloy (D – Darlington) said not everyone was comfortable with the DHEC model and this portion of the bill must be resolved before moving forward.

On Wednesday after extended debate on Commission appointments, the full Transportation Committee adjourned to allow Subcommittee Chairman Paul Campbell to reconvene the Subcommittee to address appointment concerns. The Subcommittee finally came to a consensus Wednesday evening, and on Thursday, the Senate Transportation Committee gave S.561 a favorable report as amended. The bill as amended would create a 10-member DOT Commission nominated by each Council of Governments board and then chosen by the Governor. The Commission would then appoint the Secretary of Transportation.

H.3078 – APRN Independent Practice

On Tuesday, the House Medical, Military, Public and Municipal Affairs Occupational Regulation & Licensing Boards Subcommittee gave a favorable report as amended to H.3078, the Advanced Practice Registered Nurse Independent Practice bill. Highlights of the bill as amended include:

- physician supervision of APRNs with protocols required to be approved by a Joint Committee of APRNs and physicians as established by the legislation;

- a ratio of one physician to 4 APRN FTEs, but not more than 6 APRNs;

- a radius of the entire state or within 60 miles of the State border (still must be licensed in SC);

- prescriptive authority for drugs reclassified from Schedule III to Schedule II as of last October and the ability to handle Schedule II samples;

- a specific list of medical acts, such as prescribing physical therapy, but not subject to a protocol. These would be statutory grants of authority to APRNs apart from a protocol; and

- anti-discrimination language noting the State, its political subdivisions, and certain other entities cannot deny recipients or beneficiaries the right to choose an APRN as their provider of care for services within the APRN scope of practice.

Please see the full amendment attached to this email and notify if you have any questions. The Senate Medical Affairs Subcommittee on S.246, APRN Practice Act Revisions, also met on Tuesday and received testimony. No action was taken on the bill by the Subcommittee.

Meetings Next Week
*Additional Meetings May be Posted*
Tuesday, February 2nd
House convenes at 12:00 noon / Click here to view the live stream
Senate convenes at 12:00 noon / Click here to view the live stream
House Ways and Means Healthcare Budget Subcom –Department of Health and Human Services and First Steps (BabyNet) presenting budget request / 1.5 hours after adjournment of the House
108 Blatt
Senate Finance Committee – H.3579, SC Infrastructure Finance Reform and Tax Relief Act (road funding bill) / 3:00 p.m.
308 Gressette
Senate Judiciary Committee - Agenda Available
Live Broadcast
Live Broadcast - Audio Only / 3:00 p.m.
105 Gressette
Wednesday, February 3rd
House convenes at time TBD (likely 10:00 a.m.) / Click here to view the live stream
Senate convenes at 2:00 p.m. / Click here to view the live stream
House 3M Health and Environmental Affairs Subcom – H.4542, Experimental Healthcare Treatment Law / 9:00 a.m.
427 Blatt
Senate Judiciary Subcommittee on H.3191 – Create the Office of Freedom of Information Act Review / 9:00 a.m.
105 Gressette
Senate Judiciary Subcommittee on S.913 – FOIA Dash Cam Videos / 10:00 a.m.
105 Gressette
House Ways and Means Higher Education & Technical Schools Budget Subcom – Commission on Higher Education presenting budget request / 1.5 hours after the House adjourns
511 Blatt
Thursday, February 4th
House convenes at 10:00 a.m. / Click here to view the live stream
Senate convenes at 11:00 a.m. / Click here to view the live stream
Senate Medical Affairs Subcommittee – S.1016, Eye Care Consumer Protection Law / S.1035, SC Telemedicine Act / Other Bills / 10:00 a.m.
308 Gressette
Joint Citizens and Legislative Committee on Children / 1:00 p.m.
209 Gressette

Newly Introduced Legislation

Week of January 26 – 28

We encourage you to review the partial list below and let us know if there are any you would like to track and receive updates on as they move through the legislative process. Feel free to call Ted, Hobart or Tara at (803) 799-9993 or email with questions or comments.

Children

S. 1041(Wordversion) -- Senators Shealy and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE "SUPPORTING AND STRENGTHENING FAMILIES ACT", TO ALLOW PARENTS AND PERSONS WITH LEGAL CUSTODY OF A CHILD TO DELEGATE CAREGIVING AUTHORITY FOR THE CHILD TEMPORARILY TO AN ADULT BY EXECUTION OF A POWER OF ATTORNEY, TO PROVIDE FOR THE REQUIREMENTS AND LIMITATIONS OF THE DELEGATION OF CAREGIVING AUTHORITY AND THE RIGHT TO REVOKE THE POWER OF ATTORNEY, AND FOR OTHER PURPOSES; TO AMEND SECTION 63-7-920, AS AMENDED, RELATING TO INVESTIGATIONS OF SUSPECTED CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE CERTAIN INFORMATION ABOUT COMMUNITY SUPPORTIVE SERVICES TO A PARENT WHEN THE INVESTIGATION DOES NOT RESULT IN PLACEMENT OF THE CHILD OUTSIDE OF THE HOME; AND TO AMEND SECTION 63-13-20, RELATING TO THE DEFINITION OF A CHILDCARE FACILITY, SO AS TO EXCLUDE AN ADULT DESIGNATED AS AN ATTORNEY-IN-FACT FOR A CHILD IN A POWER OF ATTORNEY EXECUTED PURSUANT TO ARTICLE 7, CHAPTER 15, TITLE 63.

Definition of “Child” or “Juvenile” charged with certain felonies / Remand case to Family Court

H. 4730(Wordversion) -- Rep. Alexander: A BILL TO AMEND SECTION 63-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE JUSTICE CODE DEFINITIONS, SO AS TO PROVIDE THAT A "CHILD" OR "JUVENILE" MEANS A PERSON LESS THAN EIGHTEEN YEARS OF AGE, WITH EXCEPTIONS, AND TO PROVIDE THAT A CHILD SIXTEEN YEARS OF AGE WHO IS CHARGED WITH CERTAIN FELONIES IN CIRCUIT COURT HAS THE RIGHT TO HAVE THE CASE REMANDED TO FAMILY COURT; AND TO AMEND SECTION 63-19-1210, RELATING TO CIRCUIT AND FAMILY COURT JURISDICTION OVER CASES INVOLVING A CHILD, SO AS TO MAKE CHANGES TO THE AGE OF A CHILD FOR PURPOSES OF TRANSFER AND RETENTION OF COURT JURISDICTION.

Education / K-12 – House Reform bills resulting from recommendations of the House Education Policy Review and Reform in response to the Abbeville Lawsuit

H. 4776(Wordversion) -- Reps. Allison, Erickson, Crosby, Yow, Gagnon, Duckworth, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 158 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FACILITY AUTHORITY ACT" IN ORDER TO PROVIDE ASSISTANCE TO ENABLE SCHOOL DISTRICTS TO PROVIDE SCHOOL FACILITIES, TO ESTABLISH A BOARD OF DIRECTORS, TO PROVIDE THE POWERS AND DUTIES OF THE AUTHORITY, TO PROVIDE FOR FUNDING OF THE AUTHORITY, TO AUTHORIZE THE ISSUANCE OF SOUTH CAROLINA EDUCATION FACILITY REVENUE BONDS, AND TO SPECIFY THE MANNER IN WHICH BOND PROCEEDS ARE ALLOCATED TO SCHOOL DISTRICTS.

H. 4777(Wordversion) -- Reps. White, Allison, Erickson, Collins, Crosby, Stringer, Taylor, Felder, Ridgeway, Douglas, Johnson, Clary, George, Anthony, Willis, Jordan, Bannister, Bingham, Bradley, R. L. Brown, Daning, Duckworth, Gagnon, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-20-90 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND ADOPT A STATEWIDE PROGRAM FOR IDENTIFYING FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A SCHOOL DISTRICT AND FOR ADVISING THE DISTRICT ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO DIRECT THE DEPARTMENT TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION; AND BY ADDING SECTION 59-20-95 SO AS TO REQUIRE THE STATE AUDITOR TO ADOPT THE STATEWIDE PROGRAM CREATED BY THE DEPARTMENT OF EDUCATION IN SECTION 59-20-90 AND USE IT TO IDENTIFY FISCAL PRACTICES AND BUDGETARY CONDITIONS THAT, IF UNCORRECTED, COULD COMPROMISE THE FISCAL INTEGRITY OF A STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY AND TO ADVISE THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY ON HOW TO TAKE APPROPRIATE CORRECTIVE ACTIONS, AND TO PROVIDE EXCEPTIONS TO ENABLE THE STATE AUDITOR TO DIRECT THE DEPARTMENT TO IMMEDIATELY ASSUME EMERGENCY MANAGEMENT OF THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FOR WHICH IT HAS MADE A DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, TO CONTINUE THIS EMERGENCY MANAGEMENT OF THE LOCAL EDUCATION AGENCY UNTIL THE STATE AUDITOR RELEASES THE STATE AGENCY THAT IS ALSO A LOCAL EDUCATION AGENCY FROM THE DECLARATION OF FISCAL CAUTION OR FISCAL EMERGENCY, AS APPLICABLE, AND TO DIRECT THE STATE AUDITOR TO PROMULGATE EMERGENCY REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.

H. 4778(Wordversion) -- Reps. Allison, Erickson, Collins, Stringer, Taylor, Felder, Yow, Gagnon, Duckworth, Johnson, Clary, Govan, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Hayes, Henderson, Hixon, Long, Lucas, V. S. Moss, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-145 SO AS TO PROVIDE THAT BEGINNING WITH THE 2017-2018 SCHOOL YEAR, ALL SCHOOL DISTRICTS MUST BE ACCREDITED BY ADVANCEED, FORMERLY THE SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS; AND TO PROVIDE FOR THE MANNER IN WHICH WAIVERS OF THIS PROVISION MAY BE GRANTED BY THE DEPARTMENT OF EDUCATION.

H. 4780(Wordversion) -- Reps. Allison, Duckworth, Clary, Collins, Erickson, Crosby, Murphy, Felder, Bradley, Govan, Johnson, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Pope, Rivers, Simrill, Tallon and Wells: A BILL TO ESTABLISH A COMMITTEE COMPOSED OF SPECIFIED MEMBERS TO REVIEW ALL EXISTING STATE EDUCATION STATUTES AND REPORT TO THE GENERAL ASSEMBLY THOSE WHICH ARE OBSOLETE OR NO LONGER APPLICABLE; AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP THE SYSTEM FOR PROVIDING SERVICES AND TECHNICAL ASSISTANCE FOR SCHOOL DISTRICTS ON A REGIONAL BASIS TO INCLUDE ACADEMIC ASSISTANCE AND ASSISTANCE WITH FINANCES, AND TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION SHALL REPORT THE DESIGN OF THE SYSTEM TO THE GENERAL ASSEMBLY NO LATER THAN DECEMBER 31, 2016, AND EVERY YEAR THEREAFTER REPORT THE PROGRESS OF THE SYSTEM IN REGARD TO ASSISTANCE PROVIDED TO LOCAL SCHOOL DISTRICTS, AND ALSO TO REQUIRE THAT THE DEPARTMENT OF EDUCATION SHALL MONITOR THE OPERATIONS OF SCHOOL BOARDS IN UNDERPERFORMING DISTRICTS TO DETERMINE IF THEY ARE OPERATING EFFICIENTLY AND EFFECTIVELY AND TO PROVIDE THAT THE DEPARTMENT SHALL MONITOR THE PROFESSIONAL DEVELOPMENT OF TEACHERS, STAFF, AND ADMINISTRATORS IN DISTRICTS IT DETERMINES ARE UNDERPERFORMING TO ASCERTAIN WHAT IMPROVEMENTS AND CHANGES ARE NECESSARY.

H. 4781(Wordversion) -- Reps. Allison, Erickson, Govan, Collins, Crosby, Murphy, Felder, Bradley, Duckworth, George, Clary, Neal, Anthony, Willis, Bannister, Bingham, R. L. Brown, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, D. C. Moss, Pope, Sandifer, Tallon, Thayer and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-59-175 SO AS TO ESTABLISH THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP, DUTIES, AND FUNCTIONS.

H. 4782(Wordversion) -- Reps. Allison, Erickson, Collins, Stringer, Taylor, Bradley, Felder, Govan, Duckworth, Clary, Neal, George, Johnson, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Rivers, Simrill, Tallon and Wells: A JOINT RESOLUTION TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION, WITH THE ASSISTANCE OF OTHER ENTITIES, SHALL SURVEY STUDENTS ENROLLED IN THE STATE'S COLLEGES OF EDUCATION AND INCLUDE QUESTIONS INQUIRING AS TO WHETHER THE STUDENTS HAVE EVER CONSIDERED TEACHING IN A RURAL AND ECONOMICALLY CHALLENGED SCHOOL DISTRICT AND WHAT INCENTIVES, IF ANY, WOULD CAUSE THEM TO CONSIDER WORKING IN SUCH A DISTRICT.

H. 4783(Wordversion) -- Reps. Allison, Erickson, Collins, Taylor, Rivers, Felder, Bradley, Govan, Duckworth, Johnson, Clary, Neal, George, Anthony, Willis, Bannister, Bingham, R. L. Brown, Crosby, Daning, Gagnon, Hayes, Henderson, Hicks, Hixon, Long, Lucas, V. S. Moss, Murphy, Pope, Simrill, Tallon, Thayer and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING 59-1-50 SO AS TO PROVIDE FOR EDUCATIONAL GOALS FOR ALL SOUTH CAROLINA HIGH SCHOOL GRADUATES AND THE STANDARDS AND AREAS OF LEARNING BY WHICH THESE GOALS ARE MEASURED.

Education / Preschool Virtual Literacy and Numeracy Instruction and Assessment Pilot Program

H. 4792(Wordversion) -- Rep. Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "VIRTUAL EARLY LEARNING PILOT PROGRAM ACT" BY ADDING ARTICLE 3 TO CHAPTER 16, TITLE 59 SO AS TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONTRACT WITH AN EDUCATIONAL TECHNOLOGY PROVIDER TO PROVIDE A HOME-BASED EDUCATIONAL TECHNOLOGY PILOT PROGRAM FOR LITERACY AND NUMERACY INSTRUCTION AND ASSESSMENT FOR PRESCHOOL CHILDREN, TO PROVIDE REQUIREMENTS FOR THE PROGRAM AND ASSOCIATED PARTIES, TO PROVIDE NO MORE THAN TEN SCHOOL DISTRICTS MAY PARTICIPATE IN THE PILOT PROGRAM, TO PROVIDE THE STATE BOARD OF EDUCATION SHALL CONTRACT WITH AN INDEPENDENT, QUALIFIED EVALUATOR TO EVALUATE THE VIRTUAL EDUCATIONAL TECHNOLOGY PROGRAM FOR PRESCHOOL CHILDREN, AND TO PROVIDE REPORTING REQUIREMENTS, AMONG OTHER THINGS; TO DESIGNATE EXISTING SECTIONS OF THE CHAPTER AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS"; AND TO REDESIGNATE THE CHAPTER AS "VIRTUAL EDUCATION PROGRAMS".

Firearms

S. 1023(Wordversion) -- Senator Hutto: A BILL TO AMEND SECTION 23-31-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ALLOWED TO CARRY A CONCEALABLE WEAPON WHILE ON DUTY, SO AS TO INCLUDE PERSONS WHO ARE RETIRED FROM CERTAIN OFFICES IN THE PURVIEW OF THE STATUTE.

H. 4729(Wordversion) -- Reps. Limehouse, Hicks, Taylor, Burns, Loftis, Chumley, Hixon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT NO PUBLIC FUNDS SHALL BE ALLOCATED TO THE IMPLEMENTATION, REGULATION, OR ENFORCEMENT OF ANY FEDERAL LAW, EXECUTIVE ORDER, RULES, OR REGULATION THAT REGULATES THE OWNERSHIP, USE, OR POSSESSION OF FIREARMS, AMMUNITION, OR FIREARM ACCESSORIES, AND TO DEFINE THE TERM "FIREARM".

First Steps Reauthorization

S. 1038(Wordversion) -- Senators Fair, Malloy, Sheheen, McElveen and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER.

H. 4774(Wordversion) -- Reps. Govan, Parks, King, Erickson, Cobb-Hunter, Clyburn, J. E. Smith, H. A. Crawford, Yow, M. S. McLeod, Ott, Henegan, Kirby, R. L. Brown, Gilliard, Loftis, Burns, Hosey, Williams, Howard, Neal, Douglas, Mack, Tinkler, Newton, Bamberg, Jefferson, Putnam, Hamilton, G. A. Brown, Clemmons, Dillard, Duckworth, Hicks, Hodges, W. J. McLeod and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-152-15 SO AS TO PROVIDE THE SOUTH CAROLINA FIRST STEPS TO SCHOOL READINESS IS REAUTHORIZED UNTIL JULY 1, 2021, AND WILL AUTOMATICALLY BE REAUTHORIZED FOR FIVE-YEAR PERIODS AT FIVE-YEAR INTERVALS THEREAFTER.

Healthcare

H. 4728(Wordversion) -- Reps. Long, Erickson, Douglas, Ridgeway and Hixon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 45 TO TITLE 44 TO ENACT THE "EYE CARE CONSUMER PROTECTION LAW" SO AS TO ESTABLISH REQUIREMENTS FOR A PERSON WHO SELLS SPECTACLES OR CONTACT LENSES USING REFRACTIVE DATA OR INFORMATION GENERATED BY AN AUTOMATED TESTING DEVICE. **Also see Senate companion bill –S.1016.