South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate

Tuesday, February 2, 2010
(Statewide Session)

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:

The Psalmist declares:

"How precious is your steadfast love, O God! All people may take refuge in the shadow of your wings."         (Psalm 36:7)

Please join me as we bow in prayer:

Holy God, we are so aware of shadows and of darkness in the world around us. Tragic earthquakes, ongoing warfare, the challenges of poverty and of limited opportunity for many--we don't need Punxsutawney Phil, the groundhog, to remind us of the shadows which surround us. We rather count upon Your steadfast love, Lord, to strengthen us as we labor to be a people wanting to bring light, striving to drive out the shadowy darkness, trusting in the promises of hope that You offer. Bless these Senators and their staff members as they labor faithfully to do these very things for the good people of South Carolina. In Your wondrous name we pray, O Lord.
Amen.

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

REGULATION RESUBMITTED

The following was received:
Document No. 4121
Agency: Department of Insurance
Chapter: 69
Statutory Authority: 1976 Code Sections 1-23-10 et seq., 38-2-10, 38-3-110(2), 38-39-60, 38-43-80, 38-43-130, 38-45-50, 38-47-40, 38-48-160, 38-49-20, 38-53-20, 38-70-50 and 38-78-110
SUBJECT: Agents and Agency Licenses
Received by Lieutenant Governor February 1, 2010
Referred to Banking and Insurance Committee
Legislative Review Expiration June 1, 2010

Doctor of the Day

Senator HAYES introduced Dr. Terry Dodge of Rock Hill, S.C., Doctor of the Day.

The following co-sponsors were added to the respective Bills:
S. 391 (Word version)       Sen. Shane Martin
S. 521 (Word version)       Sen. Campsen
S. 903 (Word version)       Sen. Hutto
S. 1085 (Word version)     Sen. Campsen
S. 1096 (Word version)     Sens. Knotts, Lourie, Sheheen
S. 1097 (Word version)     Sen. Larry Martin

RECALLED

H. 4370 (Word version) -- Rep. Harrison: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE JEAN HOEFER TOAL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 NOON ON WEDNESDAY, FEBRUARY 24, 2010.

Senator McCONNELL asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Judiciary.

The Concurrent Resolution was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4406 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator McCONNELL asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

RECALLED

H. 4302 (Word version) -- Rep. Funderburk: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY JURY AREA DESIGNATIONS FOR USE IN MAGISTRATES COURTS, SO AS TO REVISE THE JURY AREAS FOR KERSHAW COUNTY TO PROVIDE FOR ONE JURY AREA COUNTYWIDE.

Senator SHEHEEN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

The Bill was recalled from the Committee on Judiciary and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1123 (Word version) -- Senators Rose, Grooms and Matthews: A SENATE RESOLUTION TO CONGRATULATE MRS. JANETTA WHITE OF DORCHESTER COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND CONTINUED HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.

S. 1124 (Word version) -- Senator Thomas: A CONCURRENT RESOLUTION TO EXPRESS THE GRATITUDE OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR THE DEDICATED SERVICE AND LEADERSHIP OF MR. RYAN LESESNE, PUBLIC-SERVICE SUPERVISOR FOR THE CITY OF HARTSVILLE, IN PROMOTING LITTER REDUCTION, ENVIRONMENTAL CONSERVATION, AND LITTER-CONTROL ENFORCEMENT, AND TO HONOR HIM FOR THE INVALUABLE SERVICE HE HAS RENDERED TO THE STATE OF SOUTH CAROLINA THROUGH HIS LABORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1125 (Word version) -- Senator Grooms: A SENATE RESOLUTION TO DECLARE WEDNESDAY, FEBRUARY 3, 2010, AS "SOUTH CAROLINA RECYCLERS DAY" AND TO COMMEND AND RECOGNIZE SOUTH CAROLINA'S RECYCLERS FOR THEIR CONTRIBUTIONS TO OUR STATE'S ECONOMY AND FOR THEIR EFFORTS TO PROTECT THE ENVIRONMENT AND PROMOTE ENERGY EFFICIENCY.
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On motion of Senator GROOMS, with unanimous consent, the Senate Resolution was introduced and ordered placed on the Calendar without reference.

S. 1126 (Word version) -- Senator L. Martin: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 18, 2010, AND FRIDAY, NOVEMBER 19, 2010, TO CONDUCT THE YOUTH IN GOVERNMENT PROGRAM.
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Senator LARRY MARTIN spoke on the Resolution.

On motion of Senator LARRY MARTIN, with unanimous consent, the Senate Resolution was adopted.

S. 1127 (Word version) -- Senators Campbell, Cleary, Alexander, Elliott, Grooms, Davis, McConnell, Verdin, Bryant, O'Dell, Peeler, Bright, Cromer, McGill, Shoopman and Leatherman: A BILL TO AMEND SECTION 48-1-83 OF THE 1976 CODE, RELATING TO DISSOLVED OXYGEN CONCENTRATION DEPRESSION, TO PROVIDE THAT THE STANDARD FOR DISSOLVED OXYGEN IS 0.1 MG/L.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1128 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-225 SO AS TO ESTABLISH CERTAIN REQUIREMENTS FOR ISSUING MEDICARE SUPPLEMENT POLICIES, INCLUDING, BUT NOT LIMITED TO, PROHIBITING SUCH POLICIES FROM DUPLICATING BENEFITS PROVIDED BY MEDICARE; PROHIBITING EXCLUSION OF OR LIMITING BENEFITS FOR LOSSES INCURRED MORE THAN SIX MONTHS FROM THE EFFECTIVE DATE OF COVERAGE BECAUSE IT INVOLVED A PREEXISTING CONDITION; TO REQUIRE THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS ESTABLISHING SPECIFIC STANDARDS FOR MEDICARE SUPPLEMENT POLICY PROVISIONS AND MINIMUM STANDARDS FOR BENEFITS, CLAIMS PAYMENT, MARKETING PRACTICES AND TO CONFORM SUCH POLICIES TO FEDERAL REQUIREMENTS; TO REQUIRE INSURERS OFFERING MEDICARE SUPPLEMENT POLICIES TO PERSONS SIXTY-FIVE YEARS OF AGE AND OLDER TO ALSO OFFER SUCH POLICIES TO PERSONS WHO ARE ENROLLED IN MEDICARE BECAUSE OF DISABILITY OR END-STAGE RENAL DISEASE; TO PROVIDE ENROLLMENT TIME REQUIREMENTS; TO PROVIDE THAT CERTAIN THIRD PARTY PAYMENTS MAY NOT BE PROHIBITED; AND TO SPECIFY THAT PREMIUM DIFFERENCES CHARGED PERSONS RECEIVING MEDICARE UNDER DIFFERENT ELIGIBILITY CRITERIA MUST NOT BE EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1129 (Word version) -- Senator Ryberg: A BILL TO AMEND CHAPTER 150, TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION LOTTERY TICKET SALES, BY ADDING SECTION 59-150-155 TO PROVIDE THAT A PERSON WHO CURRENTLY HOLDS A RETAIL LOTTERY TICKET SALES LICENSE MAY BE GRANTED A TEMPORARY LICENSE FOR RETAIL LOTTERY TICKET SALES IF HE ACQUIRES ANOTHER RETAIL BUSINESS WHICH SELLS LOTTERY TICKETS, TO PROVIDE THE LENGTH OF TIME A TEMPORARY LICENSE IS VALID, AND TO PROVIDE THE FEE FOR A TEMPORARY LICENSE.
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Read the first time and referred to the Committee on Education.

S. 1130 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-15-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLIGATOR MANAGEMENT PROGRAM AND CONDITIONS UNDER WHICH ALLIGATORS MAY BE HUNTED OR TAKEN, SO AS TO PROHIBIT A DEPREDATION PERMIT HOLDER TO SELL, BARTER, OR TRADE THE PRIVILEGE TO TAKE AN ALLIGATOR; TO AMEND SECTION 50-9-20, AS AMENDED, RELATING TO THE DURATION OF HUNTING AND FISHING LICENSES, PERMITS, STAMPS, AND TAGS, SO AS TO FURTHER SPECIFY THESE DURATIONAL REQUIREMENTS; TO AMEND SECTION 50-9-30, RELATING TO THE REQUIREMENTS FOR OBTAINING A RESIDENT HUNTING OR FISHING LICENSE, SO AS TO FURTHER SPECIFY RESIDENCY REQUIREMENTS; TO AMEND SECTION 50-9-920, RELATING TO THE DEPOSITING OF REVENUE GENERATED BY THE SALE OF LICENSES INTO CERTAIN FUNDS, SO AS TO CHANGE THE NAME OF THE GAME PROTECTION FUND TO THE FISH AND WILDLIFE PROTECTION FUND AND TO PROVIDE THAT REVENUE GENERATED FROM APPLICATION FEES, PERMITS, AND TAGS FOR THE PRIVILEGE OF TAKING ALLIGATORS MUST BE USED TO SUPPORT THE ALLIGATOR MANAGEMENT PROGRAM; AND BY ADDING ARTICLE 6 TO CHAPTER 9, TITLE 50 SO AS TO PROVIDE APPLICATION REQUIREMENTS AND FEES FOR THE PRIVILEGE OF TAKING ALLIGATORS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1131 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDUSTRIAL DEVELOPMENT PROJECTS REQUIRING A FEE IN LIEU OF PROPERTY TAXES AGREEMENT, SO AS TO ADD CERTAIN DEFINITIONS, TO FURTHER PROVIDE FOR THE MINIMUM LEVEL OF INVESTMENT FOR A QUALIFIED NUCLEAR PLANT FACILITY, TO PROVIDE FOR THE TIMELINE WHEN THE SPONSOR MUST ENTER INTO AN INITIAL LEASE AGREEMENT WITH THE COUNTY IN REGARD TO A QUALIFIED NUCLEAR PLANT FACILITY, AND THE TIMELINES WHEN THE SPONSOR MUST MEET MINIMUM INVESTMENT REQUIREMENTS IN THE CASE OF A QUALIFIED NUCLEAR PLANT FACILITY AND PLACE THE PROJECT INTO SERVICE; TO AMEND SECTION 12-44-30, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO REVISE CERTAIN DEFINITIONS AND ADD CERTAIN DEFINITIONS; AND TO AMEND SECTION 12-44-40, AS AMENDED, RELATING TO THE REQUIRED FEE AGREEMENT BETWEEN THE SPONSOR AND THE COUNTY UNDER THE FEE IN LIEU OF TAX SIMPLIFICATION ACT, SO AS TO PROVIDE THE TIME WITHIN WHICH A SPONSOR HAS TO ENTER INTO A FEE AGREEMENT IN REGARD TO A QUALIFIED NUCLEAR PLANT FACILITY.
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Read the first time and referred to the Committee on Finance.

S. 1132 (Word version) -- Senator Scott: A BILL TO AMEND SECTION 40-45-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL THERAPY LICENSURE APPLICATION AND EXAMINATION REQUIREMENTS, SO AS TO PROVIDE THAT AN APPLICANT IS ALLOWED TO TAKE THE EXAMINATION A MAXIMUM OF FOUR TIMES AND MUST WAIT FOR ONE YEAR AFTER TAKING IT A THIRD TIME BEFORE TAKING IT THE FOURTH TIME.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1133 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO HONOR FORMER FIRE CHIEF HERBERT TANNER OF HEMINGWAY FOR HIS SEVENTY YEARS OF DISTINGUISHED SERVICE TO THE HEMINGWAY FIRE DEPARTMENT, AND TO RECOGNIZE HIM UPON THE OCCASION OF THE NAMING OF THE HEMINGWAY FIRE STATION IN HIS HONOR.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4415 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF ITS CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 2010.

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

H. 4416 (Word version) -- Reps. Loftis, Hamilton, G. R. Smith, Dillard, Bannister, Bedingfield, Wylie, Nanney, Rice, Cato, Stringer and Allen: A BILL TO EXPAND THE AUTHORITY OF THE RENEWABLE WATER RESOURCES OF GREENVILLE COUNTY, ORIGINALLY CREATED AS THE GREATER GREENVILLE SEWER DISTRICT PURSUANT TO THE PROVISIONS OF ACT 362 OF 1925, TO USE THE BY-PRODUCTS OF WASTE TREATMENT FACILITIES FOR ALTERNATE ENERGY PRODUCTION.

Read the first time and, on motion of Senator THOMAS, H. 4416 was ordered placed on the Local and Uncontested Calendar.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

On motion of Senator KNOTTS, with unanimous consent, the following invitations were unanimously polled from the Committee on Invitations with a favorable report and ordered placed on the Calendar:

The following polling sheet represents each invitation that was polled from the Committee:

Poll of the Invitations Committee
Polled 11; Ayes 11; Nays 0; Not Voting 0

AYES

Alexander                 Campsen                   Cromer
Elliott                   Ford                      Knotts
Malloy                    McGill                    O'Dell
Reese                     Verdin

Total--11

NAYS

Total--0

Tuesday, February 2, 2010 - 1:00 p.m. - 2:30 p.m.
Members of the Senate, Luncheon, Capital City Club, by SC ARTS ALLIANCE

Tuesday, February 2, 2010 - 6:00 p.m. - 8:00 p.m.
Members of the Senate and Staff, Reception, Columbia Metropolitan Convention Center, by ELECTRIC COOPERATIVES OF SC, INC.

Tuesday, February 2, 2010 - 6:00 p.m. - 8:00 p.m.
Members of the Senate, Reception, Palmetto Club, by SC FUNERAL DIRECTORS ASSOCIATION

Wednesday, February 3, 2010 - 8:00 a.m. - 10:00 a.m.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by PIEDMONT NATURAL GAS

Wednesday, February 3, 2010 - 1:00 p.m. - 2:00 p.m.
Members of the Senate, Luncheon, Room 112, Blatt Building, by CAROLINA RECYCLING ASSOCIATION

Wednesday, February 3, 6:00 p.m. - 8:00 p.m.
Members of the Senate and Staff, Reception, Koger Center for the Arts, by CONSTRUCTION INDUSTRY ASSOCIATION, CAROLINAS AGC

Thursday, February 4, 2010 - 8:00 a.m. - 10:00 a.m.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by ASSOCIATION OF COSMETOLOGY SALON PROFESSIONALS AND SC ASSOCIATION OF COSMETOLOGY SCHOOLS

Wednesday, February 10, 2010 - 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Palmetto Club, by SC SECTION AMERICAN WATERWORKS ASSOCIATION - WATER UTILITY COUNCIL

Tuesday, February 16, 2010 - 6:00 p.m. - 9:00 p.m.
Members of the Senate and Staff, Reception, Clarion Town House Hotel, by YORK COUNTY REGIONAL CHAMBER OF COMMERCE

Tuesday, February 16, 2010 - 7:00 p.m. - 9:00 p.m.
Members of the Senate and Staff, Reception, Hilton Columbia Center, by HILTON COLUMBIA CENTER, RUTH'S CHRIS STEAK HOUSE AND HAMPTON INN HISTORIC DISTRICT

Wednesday, February 17, 2010 - 7:30 a.m.
Members of the Senate, SC Prayer Breakfast, Radisson Hotel and Conference Center, by SC PRAYER FELLOWSHIP

Wednesday, February 17, 2010 - 12:00 - 2:00 p.m.
Members of the Senate and Staff, Luncheon, Room 112, Blatt Building, by SC ATHLETIC TRAINERS' ASSOCIATION

Wednesday, February 17, 2010 - 6:00 p.m. - 9:00 p.m.
Members of the Senate and Staff, Reception, Clarion Town House Hotel, by MYRTLE BEACH AREA CHAMBER OF COMMERCE

Wednesday, February 17, 2010 - 6:00 - 7:00 p.m.
Members of the Senate, Reception, Columbia Metropolitan Convention Center, by AFFORDABLE HOUSING COALITION OF SC, INC.

Wednesday, February 17, 2010 - 6:00 p.m. - 7:00 p.m. Members of the Senate, Reception, Marriott Hotel, by MUNICIPAL ASSOCIATION OF SC

Thursday, February 18, 2010 - 8:00 a.m. - 10:00 a.m. Members of the Senate, Breakfast, Room 112, Blatt Building, by SC ASSOCIATION OF COMMUNITY DEVELOPMENT CORPORATIONS

Tuesday, February 23, 2010 - 6:00 p.m. - 8:00 p.m.
Members of the Senate and Staff, Reception, Clarion Town House Hotel, by COLLEGE OF CHARLESTON

Wednesday, February 24, 2010 - 8:00 a.m. - 10:00 a.m.
Members of the Senate, Breakfast, Room 112, Blatt Building, by SC ASSOCIATION OF SCHOOL ADMINISTRATORS

Wednesday, February 24, 2010 - 12:00 - 2:00 p.m.
Members of the Senate, Luncheon, Room 112, Blatt Building, by ONE-VOICE ONE-PLAN CRITICAL NEEDS NURSING INITIATIVE

Wednesday, February 24, 2010 - 6:00 p.m. - 7:30 p.m.
Members of the Senate and Staff, Reception, Embassy Suites Hotel, by SC ASSOCIATION OF COUNTIES

Tuesday, February 23, 2010 - 6:00 p.m. - 8:00 p.m.
Members of the Senate, Reception and Dinner, Seawells, by SC ASSOCIATION OF CONSERVATION DISTRICTS

Thursday, February 25, 2010 - 8:00 a.m. - 9:30 a.m.
Members of the Senate, Breakfast, Room 112, Blatt Building, by SC NURSERY AND LANDSCAPE ASSOCIATION AND SC GREENHOUSE GROWERS ASSOCIATION

Message from the House

Columbia, S.C., February 2, 2010

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 4087 (Word version) -- Rep. Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 53, TITLE 59 SO AS TO CREATE THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP.
asks for a Committee of Conference, and has appointed Reps. Loftis, Bedingfield and Allen to the committee on the part of the House.
Very respectfully,
Speaker of the House

SENATE INSISTS ON THEIR AMENDMENTS
APPOINTS SENATE CONFEREES

H. 4087 (Word version) -- Rep. Bedingfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 53, TITLE 59 SO AS TO CREATE THE GREENVILLE TECHNICAL COLLEGE AREA COMMISSION AND TO PROVIDE FOR ITS MEMBERSHIP.

On motion of Senator FAIR, the Senate insisted upon its amendments to H. 4087 and asked for a Committee of Conference.

Whereupon, Senators FAIR, ANDERSON and SHOOPMAN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

Message from the House

Columbia, S.C., February 2, 2010

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:

S. 454 (Word version) -- Senators Peeler and Ford: A BILL TO AMEND CHAPTER 56, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATIONS, SO AS TO REVISE THE CHAPTER TITLE, TO PROVIDE STATE POLICY CONCERNING PYROTECHNICS, TO INCREASE THE STATE BOARD OF PYROTECHNIC SAFETY FROM SIX TO SEVEN MEMBERS, TO DEFINE TERMS, TO REQUIRE LICENSURE FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS, TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, FIRE CHIEFS, AND LAW ENFORCEMENT OFFICERS TO INVESTIGATE COMPLAINTS, TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION, TO REQUIRE LIABILITY INSURANCE, TO REQUIRE REPORTING OF FIRES AND EXPLOSIONS, TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS HANDLING FIREWORKS.
Respectfully submitted,
Speaker of the House

The Bill was ordered placed on the Calendar for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3624 (Word version) -- Reps. A.D. Young, Horne, Knight and Harrell: A BILL TO PROVIDE THAT EACH MEMBER OF THE DORCHESTER COUNTY TRANSPORTATION COMMITTEE IS ALLOWED AND MUST BE PAID FROM DORCHESTER COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH THE MEMBER IS IN ATTENDANCE.

The following Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 1114 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO CITRUS GREENING (CANDIDATUS LIBERIBACTER ASISTICUS) QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1114--Recorded Vote

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the third reading of the Joint Resolution.

S. 1115 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO PHYTOPHTHORA RAMORUM QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4106, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE

S. 1115--Recorded Vote

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the third reading of the Joint Resolution.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 3488 (Word version) -- Reps. J.E. Smith, Hart, Williams, R.L. Brown, Hutto and Weeks: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, COMMITTEE MEETINGS, AND STAFFING.

Motion Under Rule 26B

Senator ALEXANDER asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

The Senate proceeded to a consideration of the Joint Resolution, the question being the third reading of the Joint Resolution.

Senator ALEXANDER proposed the following amendment (3488R001.TCA), which was adopted:

Amend the joint resolution, as and if amended, page 2, by striking lines 11 and 12 and inserting:

/   of the General Assembly and to the Governor not later than September 1, 2010. Upon presenting the written report in accordance with the       /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

The amendment was adopted.

There being no further amendments, the Joint Resolution was read the third time, passed and ordered returned to the House of Representatives with amendments.

H. 3488--Recorded Vote

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the third reading of the Joint Resolution.

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 901 (Word version) -- Senators McConnell, Elliott and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-500, SO AS TO PROVIDE THAT WHEN THE GOVERNOR LEAVES THE STATE, HE MUST NOTIFY THE LIEUTENANT GOVERNOR, WHETHER OR NOT THE POWER OF THE GOVERNOR'S OFFICE IS TRANSFERRED TO THE LIEUTENANT GOVERNOR; AND BY ADDING SECTION 1-3-630, SO AS TO DEFINE "EMERGENCY", "FULL AUTHORITY", AND "TEMPORARY ABSENCE" IN ORDER TO CLARIFY WHEN A LIEUTENANT GOVERNOR HAS THE FULL AUTHORITY TO ACT IN AN EMERGENCY IN THE EVENT OF THE TEMPORARY ABSENCE OF THE GOVERNOR FROM THE STATE.

S. 624 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH EDISTO RIVER ALONG SOUTH CAROLINA HIGHWAY 302 AT THE AIKEN/LEXINGTON COUNTY LINE "HARSEY'S BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "HARSEY'S BRIDGE".

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3907 (Word version) -- Reps. Ott, Cobb-Hunter, Sellers and Govan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 149 ALONG INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY THE "LANCE CORPORAL JAMES D. HAYNES INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LANCE CORPORAL JAMES D. HAYNES INTERCHANGE".

The Concurrent Resolution was adopted, ordered returned to the House.

OBJECTION

H. 4048 (Word version) -- Reps. M.A. Pitts, Duncan and Willis: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY JURY AREA DESIGNATIONS FOR USE IN MAGISTRATES COURTS, SO AS TO REVISE THE JURY AREAS FOR LAURENS COUNTY TO PROVIDE FOR ONE JURY AREA COUNTYWIDE.

Senator MALLOY objected to the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet tomorrow at 11:45 A.M. for the purpose of attending the Joint Assembly and, at the conclusion of the Joint Assembly, the Senate would stand in recess until 2:00 P.M.

On motion of Senator LARRY MARTIN, the Senate agreed to dispense with the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 186 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCE OF ATTORNEY'S FEES IN STATE-INITIATED ACTIONS, SO AS TO LIMIT THE FEE TO A REASONABLE TIME EXPENDED AT A REASONABLE RATE.

The House returned the Bill with amendments.

On motion of Senator LARRY MARTIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

DEBATE INTERRUPTED

H. 3418 (Word version) -- Reps. Harrell, Simrill, Crawford, Huggins, Bedingfield, Merrill, G.R. Smith, Erickson, Ballentine, Brady, Chalk, Daning, Delleney, Frye, Gambrell, Hamilton, Harrison, Hearn, Herbkersman, Loftis, Long, Lucas, Nanney, Pinson, Rice, G.M. Smith, Spires, Stringer, Thompson, Viers, Willis, Wylie, T.R. Young, Clemmons, Owens, Parker, Toole, M.A. Pitts, Lowe, Bingham, Umphlett, Sandifer and Edge: A BILL RELATING TO REFORM OF THE SOUTH CAROLINA ELECTION LAWS BY ENACTING THE "SOUTH CAROLINA ELECTION REFORM ACT"; TO AMEND SECTION 7-13-710 OF THE 1976 CODE TO REQUIRE PHOTOGRAPH IDENTIFICATION TO VOTE, PERMITTING FOR PROVISIONAL BALLOTS IF THE IDENTIFICATION CANNOT BE PRODUCED AND PROVIDE AN EXCEPTION FOR A RELIGIOUS OBJECTION TO BEING PHOTOGRAPHED; TO AMEND SECTION 56-1-3350 TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO PROVIDE FREE IDENTIFICATION CARDS UPON REQUEST; TO AMEND SECTION 7-13-25 TO PROVIDE FOR AN EARLY VOTING PERIOD BEGINNING SIXTEEN DAYS BEFORE A STATEWIDE PRIMARY OR GENERAL ELECTION AND TO PROVIDE FOR THE HOURS AND EARLY VOTING LOCATION; TO AMEND SECTION 7-3-20(C) TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE ELECTIONS COMMISSION TO MAINTAIN IN THE MASTER FILE A SEPARATE DESIGNATION FOR ABSENTEE AND EARLY VOTERS IN A GENERAL ELECTION; TO AMEND SECTION 7-15-30 TO ADD STATUTORY CITES REGARDING THE REQUEST OF AN ABSENTEE BALLOT; TO AMEND SECTION 7-15-470 TO PROVIDE FOR EARLY VOTING ON MACHINES DURING THE EARLY VOTING PERIOD ONLY AND DELETE THE REFERENCE TO ABSENTEE VOTING; TO AMEND SECTION 7-1-25 TO LIST FACTORS TO CONSIDER FOR DOMICILE; AND TO AMEND SECTION 7-5-230 TO REFERENCE REVISIONS TO SECTION 7-1-25.

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

Senator LARRY MARTIN explained the Bill.

Senator SHEHEEN spoke on the Bill.

Senator SHEHEEN moved to carry over the Bill.

Senator LARRY MARTIN moved that the Senate stand adjourned.

Debate was interrupted by adjournment.

On motion of Senators CLEARY and RANKIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Nelson Jackson of Myrtle Beach, S.C., prominent developer in Myrtle Beach.

At 1:17 P.M., on motion of Senator LARRY MARTIN, the Senate adjourned to meet tomorrow at 11:45 A.M.

Recorded Vote

Senators BRIGHT, BRYANT, SHANE MARTIN and MULVANEY desired to be recorded as voting against the motion to adjourn.

Statement by Senator MULVANEY

I voted not to adjourn today. I am concerned that additional delay will prejudice our ability to get H. 3418 passed this year.

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