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

Thursday, May 13, 2010
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.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:

The Psalmist writes:

"It is good to give thanks to the Lord, to sing praises to your name, O Most High; to   declare your steadfast love in the morning, and your faithfulness by night."     (Psalm 92:1-2)

Pray with me if you will, please:

Loving Lord, we do give You heartfelt praise and thanksgiving. You have indeed blessed this Senate with Your faithfulness throughout the year. We thank You for Your guidance, for Your divine wisdom and for Your patience. We ask that You continue to hold these Senators in Your gentle embrace, dear God. Support them as they and their staff members diligently labor with weighty and significant matters, striving to tie up loose ends and to experience the satisfaction that comes from knowing they've done many things that are worthwhile. Moreover, through all of this Body's accomplishments, may Your grace be made known throughout this State, and may her citizens be strengthened by Your blessings. This we pray in Your loving name, Lord.
Amen.

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

At 11:14 A.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 11:30 A.M.

There was no objection and a message was sent to the House accordingly.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Mark C. Sanford:

Local Appointments

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
David M. Taub, 414 New Street, Beaufort, SC 29902 VICE Teri L. Hartley

Reappointment, Dillon County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
At-Large:
Linda S. Edwards, 814 Mark Road, Dillon, SC 29536

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Mackie D. Hayes, Dillon County Magistrate Court, P.O. Box 1016, Dillon, SC 29536

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
James F. Rogers, P.O. Box 187, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Charles D. Spivey, P.O. Box 272, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Magnolia T. Williams, P.O. Box 1281, Dillon, SC 29536

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Horace Butler, Jr., 12 Dean Street, Greenville, SC 29605

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Diane D. Cagle, 6247 White Horse Road, Greenville, SC 29611-3845

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Sara G. Davis, 162 South Baldwin Road, Simpsonville, SC 29680

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Mark C. Edmonds, 131 Montis Drive, Greenville, SC 29617

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Darrell S. Fisher, 103 Seattle Slew Lane, Greenville, SC 29617

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Dean Eugene Ford, 205 North Maple Street, Suite 4, Simpsonville, SC 29681

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Leila Foster, 12 Howe Street, Greenville, SC 29601-3520

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Charles Ralph Garrett, 270 Pilot Road, Greenville, SC 29609

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Vilvin W. Garrison, 551 Waterbrook Drive, Greenville, SC 29607

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Gaybriel Yolanda Gibson, 14 Cloverdale Lane, Greenville, SC 29607

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Matthew B. Hubbard, 9 Montford Court, Travelers Rest, SC 29690

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
James E. Hudson, 6 Highview Drive, Greenville, SC 29609

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Shirley B. Keaton, P.O. Box 264, Belton, SC 29627

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Jesse A. McCall, Jr., 151 North Forest Circle, Marietta, SC 29661

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Ernest Michael - Patrick O'Brien, 102 Cherokee Drive, Greenville, SC 29615

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Letonya T. Simmons, 202 Twilight Place, Simpsonville, SC 29681

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Robert Franklin Simms, 204 Sheffield Road, Greer, SC 29651

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Michael D. Stokes, 6 Bailey Mill Road, Travelers Rest, SC 29690

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Thomas E. Taylor, 412 Sandy Springs Road, Piedmont, SC 29673

MESSAGE FROM THE GOVERNOR

Columbia, S.C., May 12, 2010

Mr. President and Senators:

I am vetoing and returning without my approval S. 481, R 182:

(R182, S481 (Word version)) -- Senators Lourie, Reese and Massey: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA CERTIFIED ATHLETIC TRAINERS FOUNDATION TO ENCOURAGE AND ASSIST THE LOCAL SCHOOL DISTRICTS AND SCHOOLS IN ENSURING THAT A CERTIFIED ATHLETIC TRAINER IS ON STAFF AT EACH HIGH SCHOOL AND MIDDLE SCHOOL OF THIS STATE; TO PROVIDE FOR ITS COMPOSITION, FOR THE FILLING OF VACANCIES, FOR THE ELECTION OF A CHAIRMAN, AND FOR MEMBER COMPENSATION; TO ALLOW THE FOUNDATION TO ACCEPT CERTAIN FUNDS; AND TO PROVIDE FOR THE DISTRIBUTION OF FUNDS.
Respectfully submitted,
Mark Sanford
Governor

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

Doctor of the Day

Senators SHEHEEN and COURSON introduced Dr. Al Pakalnis of Columbia, S.C., Doctor of the Day.

Leave of Absence

At 1:21 P.M., Senator FAIR requested a leave of absence for Tuesday, May 18, 2010.

Leave of Absence

On motion of Senator FAIR, at 1:21 P.M., Senator VERDIN was granted a leave of absence for Tuesday, May 18, 2010.

Leave of Absence

At 1:30 P.M., Senator RANKIN requested a leave of absence until 1:00 P.M. on Tuesday, May 18, 2010.

Leave of Absence

At 1:46 P.M., Senator CROMER requested a leave of absence beginning at 2:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

Statement by Senator CROMER

I requested a Leave of Absence as I had a commitment to attend a meeting in Charleston, S.C., with the Department of Natural Resources, the Fish, Game and Forestry Committee and the Fish and Game Subcommittee of the House Agriculture Committee.

Leave of Absence

At 1:46 P.M., Senator JACKSON requested a leave of absence beginning at 3:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

Leave of Absence

At 1:47 P.M., Senator ROSE requested a leave of absence beginning at 4:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

Leave of Absence

At 1:48 P.M., Senator RYBERG requested a leave of absence beginning at 2:00 P.M. and lasting until 6:00 P.M. this evening.

Leave of Absence

At 1:48 P.M., Senator CAMPSEN requested a leave of absence beginning at 3:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

Leave of Absence

At 1:48 P.M., Senator MULVANEY requested a leave of absence until 3:00 P.M. this evening.

Leave of Absence

At 2:00 P.M., Senator LOURIE requested a leave of absence until 6:00 P.M. this evening.

Leave of Absence

At 2:15 P.M., Senator ANDERSON requested a leave of absence beginning at 3:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

Leave of Absence

At 3:11 P.M., Senator COURSON requested a leave of absence beginning at 8:00 P.M. and lasting until Noon on Tuesday, May 18, 2010.

RECALLED

H. 4250 (Word version) -- Reps. Erickson, Hodges and Littlejohn: A BILL TO AMEND SECTION 59-53-2410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITIES, SO AS TO CREATE THE TECHNICAL COLLEGE OF THE LOWCOUNTRY ENTERPRISE CAMPUS AUTHORITY.

Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Education.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1444 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SPLIT CREEK FARM IN ANDERSON, SOUTH CAROLINA, UPON WINNING BEST IN CLASS FOR ITS GOAT CHEESE ENTRY IN THE 2010 WORLD CHAMPIONSHIP CHEESE CONTEST.
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S. 1445 (Word version) -- Senators Rankin and Elliott: A CONCURRENT RESOLUTION TO HONOR THE LIFE ACHIEVEMENTS OF DR. BUZZ ALDRIN, RETIRED UNITED STATES AIR FORCE PILOT AND NASA ASTRONAUT, AND TO WELCOME HIM TO THE PALMETTO STATE FOR THE MYRTLE BEACH MEMORIAL DAY PARADE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1446 (Word version) -- Senators Grooms, Mulvaney, Reese, Setzler, McConnell, Verdin, Cromer, Bryant, Ryberg, Bright, Thomas, S. Martin, Elliott, Rose, Cleary, Fair, Rankin, Davis and Shoopman: A BILL TO AMEND CHAPTER 1, TITLE 23 OF THE 1976 CODE, BY ADDING SECTION 23-1-250 TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER HAS REASONABLE SUSPICION THAT A PERSON STOPPED, DETAINED, OR ARRESTED BY LAW ENFORCEMENT IS AN ALIEN UNLAWFULLY IN THE UNITED STATES, THE OFFICER OR HIS AGENCY MUST FOLLOW CERTAIN PROCEDURES TO VERIFY HIS IMMIGRATION STATUS; AND TO AMEND ARTICLE 5, CHAPTER 9, TITLE 16 BY ADDING SECTION 16-9-480 TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNLAWFULLY IN THE UNITED STATES TO SOLICIT OR ATTEMPT TO SOLICIT WORK, AND TO PROVIDE PROCEDURES FOR VERIFYING IMMIGRATION STATUS.
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Senator GROOMS spoke on the Bill.

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

S. 1447 (Word version) -- Senators Campsen, Grooms and Campbell: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF JEDBURG ROAD IN BERKELEY COUNTY FROM ITS INTERSECTION WITH INTERSTATE HIGHWAY 26 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 "FIREFIGHTER MICHAEL FRENCH ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "FIREFIGHTER MICHAEL FRENCH ROAD".
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The Concurrent Resolution was introduced and referred to the Committee on Transportation.

S. 1448 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 59-53-2410 OF THE 1976 CODE, RELATING TO TECHNICAL COLLEGE CAMPUS ENTERPRISE AUTHORITIES, TO CREATE THE HORRY-GEORGETOWN TECHNICAL COLLEGE ENTERPRISE AUTHORITY.
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Read the first time and referred to the Committee on Education.

S. 1449 (Word version) -- Senators Jackson, Lourie, Courson and Scott: A SENATE RESOLUTION TO URGE THE CITY COUNCIL OF COLUMBIA TO PUT FORTH A PUBLIC REFERENDUM ON THE BALLOT OF THE NOVEMBER 2010 ELECTION TO DETERMINE THE WILL OF THE PEOPLE OF COLUMBIA REGARDING CHANGING FROM A COUNCIL-MANAGER FORM OF GOVERNMENT TO A MAYOR-COUNCIL FORM OF GOVERNMENT WITH A FULL-TIME MAYOR.
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Senator JACKSON spoke on the Resolution.

Senator LOURIE spoke on the Resolution.

Senator COURSON spoke on the Resolution.

Senator SCOTT spoke on the Resolution.

S. 1450 (Word version) -- Senators Campsen and Verdin: A CONCURRENT RESOLUTION TO CELEBRATE THE SESQUICENTENNIAL ANNIVERSARY OF THE SOUTH CAROLINA STATE FLAG, TO DECLARE JANUARY 28, 2011, AS "SOUTH CAROLINA FLAG DAY", TO REQUEST THE NATIONAL PARK SERVICE TO CONDUCT APPROPRIATE INTERPRETIVE AND EDUCATIONAL EVENTS AT THE FORT MOULTRIE NATIONAL MONUMENT, AND TO ENCOURAGE PUBLIC AND PRIVATE INSTITUTIONS TO PARTICIPATE.
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On motion of Senator CAMPSEN, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

Read the first time and, on motion of Senator GROOMS, with unanimous consent, the Bill was referred to the Committee on Finance.

H. 4280 (Word version) -- Reps. M. A. Pitts, Toole, Parks, Vick, Pinson, Huggins, Duncan, Jennings, Rice, Hiott, Agnew, J. E. Smith, J. R. Smith, Millwood, Anthony, Simrill, Nanney, Hardwick, Govan, Bingham, Littlejohn, Bannister, Harrell, Hearn, G. R. Smith, Clemmons, Anderson, Limehouse, D. C. Moss, V. S. Moss, Parker, Howard, Gambrell, Allison, Horne, Sottile, Bedingfield, Long, Spires, Hamilton, T. R. Young, Delleney, J. M. Neal, Williams, Kennedy, Lowe, Stavrinakis, Knight, Crawford, Daning, Bowen, Thompson, G. A. Brown, King, Lucas, Herbkersman, Wylie, Stewart, Branham, Ott, Hayes, Battle, Miller, Harvin, H. B. Brown, Hosey, Chalk, McEachern, Hodges, Gunn, J. H. Neal, Cobb-Hunter, Jefferson, Cato and Hart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 108 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA HIGHWAY PATROL-RETIRED LICENSE PLATES.

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

H. 4765 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 56-3-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF GOLF CARTS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE THAT WHEN A GOLF CART OWNER'S RESIDENCE IS LOCATED WITHIN A GATED COMMUNITY THE TWO-MILE LIMIT WITHIN WHICH A GOLF CART OWNER MAY OPERATE HIS GOLF CART MUST BE MEASURED FROM THE COMMUNITY'S PRIMARY ENTRANCE AND NOT FROM THE OWNER'S RESIDENCE.

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

H. 4802 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND SECTION 25-1-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE POSITION OF CHIEF OF STAFF, HEADQUARTERS, SOUTH CAROLINA AIR NATIONAL GUARD, SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS OF THE OFFICER PROMOTED TO FILL THE VACANCY.

Read the first time and referred to the General Committee.

H. 4888 (Word version) -- Reps. Duncan, Ott, Forrester and Mitchell: A JOINT RESOLUTION TO ADOPT THE PROPOSED "TAILORING RULE" OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY IN SOUTH CAROLINA UPON ITS ADOPTION BY THE EPA IN ORDER TO GIVE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SUFFICIENT TIME TO PROMULGATE APPROPRIATE REGULATIONS REGARDING GREENHOUSE GASES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

H. 4918 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4107, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Medical Affairs.

H. 4925 (Word version) -- Reps. Bales and J. H. Neal: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF ATLAS ROAD IN RICHLAND COUNTY FROM ITS INTERSECTION WITH BLUFF ROAD TO ITS INTERSECTION WITH GARNERS FERRY ROAD "BISHOP A.C. JACKSON MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS ROAD THAT CONTAIN THE WORDS "BISHOP A.C. JACKSON MEMORIAL HIGHWAY".

On motion of Senator SCOTT, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4929 (Word version) -- Reps. Norman, King, Simrill, Delleney and D. C. Moss: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 49 IN YORK COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAYS 274 AND 557 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 55 "CORPORAL KEVIN CUSACK MEMORIAL HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "CORPORAL KEVIN CUSACK MEMORIAL HIGHWAY".

On motion of Senator CAMPBELL, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.

H. 4982 (Word version) -- Reps. Huggins, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Cato, Chalk, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Crawford, Daning, Delleney, Dillard, Duncan, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Gunn, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Hayes, Hearn, Herbkersman, Hiott, Hodges, Horne, Hosey, Howard, Hutto, Jefferson, Jennings, Kelly, Kennedy, King, Kirsh, Knight, Limehouse, Littlejohn, Loftis, Long, Lowe, Lucas, Mack, McEachern, McLeod, Merrill, Miller, Millwood, Mitchell, D. C. Moss, V. S. Moss, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scott, Sellers, Simrill, Skelton, D. C. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stewart, Stringer, Thompson, Toole, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis, Wylie, A. D. Young and T. R. Young: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SCOTTY GRIFFIN FOR HIS DISTINGUISHED SERVICE AS PRESIDENT OF ST. ANDREWS ROTARY CLUB OF COLUMBIA FOR 2009-2010.

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

REPORTS OF STANDING COMMITTEES

Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 1378 (Word version) -- Senators Pinckney, Malloy, Land, Leventis, Lourie, Nicholson, Williams and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO REQUIRE INDIVIDUAL AND GROUP HEALTH INSURANCE CONTRACTS, PLANS, OR POLICIES WHICH PROVIDE MEDICAL COVERAGE THAT INCLUDES COVERAGE FOR PHYSICIAN SERVICES IN A PHYSICIAN'S OFFICE AND MAJOR MEDICAL COMPREHENSIVE-TYPE COVERAGE TO INCLUDE COVERAGE FOR SMOKING CESSATION TREATMENT AND TO REQUIRE CERTAIN COVERAGE FOR FDA APPROVED SMOKING CESSATION MEDICATIONS, AND TO PROVIDE CERTAIN EXCLUSIONS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 3393 (Word version) -- Reps. Spires, Clyburn, Herbkersman, Hosey, Jefferson, Knight, Long, D.C. Smith, J.R. Smith, Williams, Forrester, A.D. Young, Huggins and Hiott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-190 SO AS TO ESTABLISH A JOINT COMMITTEE WITH MEMBERS FROM THE BOARD OF MEDICAL EXAMINERS AND BOARD OF PHARMACY TO ASSIST THESE BOARDS IN ESTABLISHING A PROTOCOL AUTHORIZING PHARMACISTS TO ADMINISTER CERTAIN VACCINES WITHOUT AN ORDER OF A PRACTITIONER; BY ADDING SECTION 40-43-200 SO AS TO REQUIRE THE STATE BOARD OF PHARMACY AND THE BOARD OF MEDICAL EXAMINERS TO ISSUE A JOINT WRITTEN PROTOCOL AUTHORIZING PHARMACISTS TO ADMINISTER CERTAIN VACCINATIONS WITHOUT AN ORDER OF A PRACTITIONER; AND TO AMEND SECTION 40-43-86, AS AMENDED, RELATING TO, AMONG OTHER THINGS, VARIOUS PHARMACY FACILITY, STAFFING, AND PRESCRIPTION REQUIREMENTS, SO AS TO INCREASE THE MAXIMUM AMOUNT OF A LEGEND DRUG THAT A PHYSICIAN IN CHARGE OF AN EMERGENCY ROOM MAY DISPENSE FROM A SEVENTY-TWO HOUR SUPPLY TO A ONE HUNDRED FORTY-FOUR HOUR SUPPLY.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable report on:

H. 4621 (Word version) -- Reps. Harvin and Weeks: A BILL TO AMEND SECTION 44-39-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIABETES INITIATIVE OF SOUTH CAROLINA BOARD, SO AS TO MODIFY THE BOARD'S MEMBERSHIP COMPOSITION AND TERMS OF ITS MEMBERS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., May 12, 2010

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4352 (Word version) -- Reps. Hodges and Dillard: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO REVIEW, STUDY, AND MAKE RECOMMENDATIONS CONCERNING THE NEED TO FOSTER THE DEVELOPMENT OF MICROENTERPRISES IN THIS STATE, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 20, 2011, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
and has ordered the Resolution enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 12, 2010

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

S. 495 (Word version) -- Senators Massey, Hutto and S. Martin: A BILL TO AMEND SECTION 50-11-2100 OF THE 1976 CODE, RELATING TO FIELD TRIALS, TO PROVIDE THAT A PARTICIPANT IN FIELD TRIALS PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES IS NOT REQUIRED TO OBTAIN A HUNTING LICENSE IF THE PARTICIPANT IS NOT CARRYING A FIREARM AND NO GAME IS TAKEN, AND TO PROVIDE THAT NO FIELD TRIALS MAY BE HELD OUTSIDE OF THE REGULAR SEASON EXCEPT AS PERMITTED BY THE DEPARTMENT.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 12, 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. 932 (Word version) -- Senators L. Martin and Campsen: A BILL TO AMEND SECTION 50-16-25 OF THE 1976 CODE, RELATING TO THE RELEASE OF PIGS FOR HUNTING PURPOSES, TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS, BUY, SELL, OFFER FOR SALE, TRANSFER, RELEASE, OR TRANSPORT FOR THE PURPOSE OF RELEASE A MEMBER OF THE SUIDAE FAMILY FOR HUNTING OR TO SUPPLEMENT A FREE ROAMING POPULATION, TO PROVIDE THAT IT IS UNLAWFUL TO REMOVE A LIVE HOG FROM A TRAP OR FROM THE WOODS, FIELDS, OR MARSHES OF THIS STATE, AND TO CLARIFY THAT THIS SECTION DOES NOT APPLY TO ACCEPTED FARMING PRACTICES RELATED TO MEMBERS OF THE SUIDAE FAMILY.
Respectfully submitted,
Speaker of the House

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

Message from the House

Columbia, S.C., May 12, 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. 1261 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 5, CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUTTING OF TIMBER ON LANDS HELD BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO DELETE OBSOLETE REFERENCES; TO REQUIRE THE DEPARTMENT TO COORDINATE THE CUTTING AND SALE OF SUCH TIMBER WITH THE STATE FORESTER, RATHER THAN TO SUBMIT THE MATTER TO THE STATE FORESTER FOR APPROVAL; TO PROVIDE THAT LAND OWNED BY THE DEPARTMENT THAT WAS PREVIOUSLY USED FOR AGRICULTURE OR MANAGED FOREST LAND MUST BE MANAGED TO PROVIDE OPTIMUM FISH AND WILDLIFE HABITAT AND TIMBER PRODUCTION; TO REVISE PROCEDURES FOR ADVERTISING FOR BIDS ON THE TIMBER; TO PROVIDE PROCEDURES FOR THE HARVEST AND SALE OF TIMBER IF AN EMERGENCY OR NATURAL DISASTER OCCURS NECESSITATING IMMEDIATE HARVESTING OF TIMBER; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT, RATHER THAN THE BOARD, TO EXECUTE DEEDS AND CONTRACTS REQUIRED IN CARRYING OUT THIS ARTICLE; AND TO PROVIDE THAT, UNLESS OTHERWISE PROVIDED FOR, THE PROCEEDS OF THESE TIMBER SALES MUST CONTINUE TO BE CREDITED TO THE FISH AND WILDLIFE PROTECTION FUND.
Respectfully submitted,
Speaker of the House

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

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4446 (Word version) -- Rep. Crawford: A BILL TO AMEND SECTION 44-29-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASS IMMUNIZATION PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE PARTICIPATION OF MEDICAL PERSONNEL IN THESE PROJECTS, SO AS TO PROVIDE THAT LICENSED NURSES, RATHER THAN REGISTERED NURSES, ARE INCLUDED IN THE PERSONNEL WHO MAY PARTICIPATE IN THESE PROJECTS AND WHO ARE EXEMPT FROM LIABILITY.

H. 4446--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting against the third reading of the Bill.

H. 4828 (Word version) -- Rep. Huggins: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO ADOPT RULES AND REGULATIONS TO ENSURE THAT A BUILDING WITHIN THE DISTRICT IS MAINTAINED PROPERLY AND DOES NOT PRESENT A FIRE OR SAFETY HAZARD; AND TO CONVEY TO A FIRE CHIEF OR HIS DESIGNEE THE SAME AUTHORITY THAT A PEACE OFFICER HAS TO ENFORCE REGULATIONS AND OTHER LAWS PROMULGATED OR ADOPTED BY THE DISTRICT.

Senator COURSON asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

On motion of Senator COURSON, the Bill was given a third reading and ordered enrolled for Ratification.

H. 4916 (Word version) -- Reps. Lucas, Neilson and Williams: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON APRIL 26, 2010, BY THE STUDENTS OF DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOLS WERE CLOSED DUE TO A TORNADO IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

H. 4916--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting against the third reading of the Resolution.

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 4244 (Word version) -- Rep. Limehouse: A BILL TO AMEND SECTION 59-130-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLEGE OF CHARLESTON BOARD OF TRUSTEES, SO AS TO ADD AN ADDITIONAL TRUSTEE TO BE APPOINTED BY THE COLLEGE OF CHARLESTON ALUMNI ASSOCIATION BOARD OF DIRECTORS, TO SET HIS TERM, AND TO PROVIDE CRITERIA FOR HIS SELECTION.

H. 4244--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting in favor of the third reading of the Bill.

H. 3066 (Word version) -- Reps. Ballentine, Haley, J.R. Smith, Hamilton, Wylie, Simrill, Huggins, E.H. Pitts, Cobb-Hunter, Harrell, G.M. Smith, Gullick, J.E. Smith, Merrill, Phillips, Jennings, Owens, G.R. Smith, Daning, Rice, Knight, Funderburk, Harrison, Crawford, Kirsh, Bedingfield, Allison, Stringer, T.R. Young, Agnew, Gunn, Bingham, Toole, Millwood, Stavrinakis, Miller, Battle, Hutto, Erickson, Clemmons, Horne, Lucas, Bales, Whipper and R.L. Brown: A BILL TO AMEND SECTION 8-13-365, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRONIC FILING OF CAMPAIGN DISCLOSURES AND REPORTS, SO AS TO MAKE IT APPLICABLE TO COUNTY, SCHOOL BOARD, AND MUNICIPAL ELECTIONS IN ADDITION TO STATEWIDE ELECTIONS; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO THE REQUIREMENT TO FILE CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO REQUIRE THAT THEY MUST BE FILED FORTY-EIGHT HOURS AFTER THEIR RECEIPT STARTING AFTER THE FILING OF THE PRE-ELECTION REPORT.

H. 3066--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting in favor of the third reading of the Bill.

H. 3536 (Word version) -- Reps. J.E. Smith and McLeod: A BILL TO AMEND SECTION 17-5-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CORONERS, SO AS TO INCREASE THOSE QUALIFICATIONS BY REQUIRING THOSE PERSONS WITH HIGH SCHOOL DIPLOMAS TO ALSO HAVE AT LEAST SIX YEARS' EXPERIENCE IN THE FIELD, BY REQUIRING THOSE PERSONS WITH A TWO YEAR ASSOCIATE DEGREE TO ALSO HAVE FOUR YEARS OF EXPERIENCE IN THE FIELD, AND BY REQUIRING THOSE PERSONS WITH A FOUR YEAR BACCALAUREATE DEGREE TO ALSO HAVE AT LEAST TWO YEARS OF EXPERIENCE IN THE FIELD; AND TO REQUIRE THAT A CANDIDATE FOR CORONER FILE A SWORN AFFIDAVIT WITH THE COUNTY EXECUTIVE COMMITTEE OF THE PERSON'S POLITICAL PARTY UNDER SPECIFIED TIME FRAMES, TO PROVIDE FOR THE FILING OF THE AFFIDAVIT BY PETITION CANDIDATES, AND TO DELINEATE THE INFORMATION THAT THE AFFIDAVIT MUST CONTAIN.

H. 3536--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting against the third reading of the Bill.

H. 4405 (Word version) -- Reps. Edge, Cobb-Hunter, Crawford, Harvin, Pinson, Alexander, Gunn, Hutto and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-70 SO AS TO DEFINE CERTAIN TERMS, AND TO PROVIDE FOR THE DISPENSING OF CERTAIN DRUGS OR DEVICES AT A FEDERALLY QUALIFIED HEALTH CENTER.

H. 4405--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting in favor of the third reading of the Bill.

H. 4508 (Word version) -- Reps. Herbkersman, Lowe, Hutto, G.A. Brown and Horne: A BILL TO AMEND SECTION 40-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHIROPRACTORS AND CHIROPRACTIC PRACTICE, SO AS TO ADD A DEFINITION OF A "PRECEPTORSHIP OR RESIDENCY TRAINING PROGRAM"; AND TO AMEND SECTION 40-9-20, RELATING TO LICENSES REQUIRED FOR PERSONS PRACTICING CHIROPRACTIC PROCEDURES, SO AS TO EXCLUDE STUDENTS PARTICIPATING IN A PRECEPTORSHIP OR RESIDENCY TRAINING PROGRAM UNDER SPECIFIED CONDITIONS, TO PERMIT CHARGES TO BE LEVIED FOR PROFESSIONAL SERVICE FOR WORK PERFORMED UNDER THESE PROGRAMS, AND DELETE THE EXCEPTION FOR SENIOR STUDENTS AT A CHIROPRACTIC COLLEGE CHARTERED BY THE STATE.

H. 4508--Recorded Vote

Senators BRYANT, RYBERG and BRIGHT desired to be recorded as voting in favor of the third reading of the Bill.

H. 4174 (Word version) -- Reps. Harvin, Bales, Harrison, G.M. Smith and Wylie: A BILL TO AMEND SECTION 12-37-3150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING WHEN A PARCEL OF REAL PROPERTY MUST BE APPRAISED AS A RESULT OF AN ASSESSABLE TRANSFER OF INTEREST, SO AS TO PROVIDE THAT A CONVEYANCE TO A TRUST DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE SETTLOR OR SETTLOR'S SPOUSE CONVEYS THE PROPERTY TO A TRUST THE BENEFICIARIES OF WHICH ARE A CHILD OR CHILDREN OF THE SETTLOR OR THE SETTLOR'S SPOUSE AND TO PROVIDE THAT A CONVEYANCE BY DISTRIBUTION UNDER A WILL OR BY INTESTATE SUCCESSION DOES NOT CONSTITUTE AN ASSESSABLE TRANSFER OF INTEREST IN THE REAL PROPERTY IF THE DISTRIBUTEE IS A CHILD OR CHILDREN OF A DECEDENT AND THE DECEDENT DID NOT HAVE A SPOUSE AT THE DECEDENT'S DATE OF DEATH.

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

Motion Under Rule 26B

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

There was no objection.

Senators HUTTO and MALLOY proposed the following amendment (JUD4174.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.   A.     Section 12-37-3150(A)(3) of the 1976 Code is amended to read:

"(3)   a conveyance to a trust, except if:

(a)   the settlor or the settlor's spouse, or both, conveys the property to the trust and the sole present beneficiary or beneficiaries are the settlor or the settlor's spouse, or both; or

(b)   the settlor or the settlor's spouse, or both, conveys property subject to the special four percent assessment ratio pursuant to Section 12-43-220(c) and the sole present beneficiary or beneficiaries are the child or children of the settlor or the settlor's spouse, but a subsequent conveyance of this real property by the beneficiary child or children is not exempt from the provisions of this section;"

B.     Section 12-37-3150(A)(6) of the 1976 Code is amended to read:

"(6)   a conveyance by distribution under a will or by intestate succession, except if:

(a)   the distributee is the decedent's spouse; or

(b)   the distributee is a child or children of the decedent, the decedent did not have a spouse at the time of the decedent's death, and the property is subject to the special four percent assessment ratio pursuant to Section 12-43-220(c), but a subsequent conveyance of this real property by the distributee child or children is not exempt from the provisions of this section;"

SECTION   2.   This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator CAMPSEN proposed the following amendment (JUD4174.002), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/   SECTION   1.   A.     Section 12-37-3150(A)(3) of the 1976 Code is amended to read:

"(3)   a conveyance to a trust, except if:

(a)   the settlor or the settlor's spouse, or both, conveys the property to the trust and the sole present beneficiary or beneficiaries are the settlor or the settlor's spouse, or both; or

(b)   the settlor or the settlor's spouse, or both, conveys property subject to the special four percent assessment ratio pursuant to Section 12-43-220(c) and the sole present beneficiary or beneficiaries are the child or children of the settlor or the settlor's spouse, but a subsequent conveyance of this real property by the beneficiary child or children is not exempt from the provisions of this section;"

B.     Section 12-37-3150(A)(6) of the 1976 Code is amended to read:

"(6)   a conveyance by distribution under a will or by intestate succession, except if:

(a)   the distributee is the decedent's spouse; or

(b)   the distributee is a child or children of the decedent, the decedent did not have a spouse at the time of the decedent's death, and the property is subject to the special four percent assessment ratio pursuant to Section 12-43-220(c), but a subsequent conveyance of this real property by the distributee child or children is not exempt from the provisions of this section;"

C.     Section 12-37-3150(A)(8) of the 1976 Code is amended to read:

"(8)   a transfer of an ownership interest in a single transaction or as a part of a series of related transactions within a twenty-five year period in a corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity if the ownership interest conveyed is more than fifty percent of the corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. This provision does not apply to transfers that are not subject to federal income tax, as provided in subsection (B)(1), including, but not limited to, transfers of interests to spouses. The corporation, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity shall notify the applicable property tax assessor on a form provided by the Department of Revenue not more than forty-five days after a conveyance of an ownership interest that constitutes an assessable transfer of interest or transfer of ownership under this item. Failure to provide this notice or failure to provide accurate information of a transaction required to be reported by this subitem subjects the property to a civil penalty of not less than one hundred nor more than one thousand dollars as determined by the assessor. This penalty is enforceable and collectible as property tax and is in addition to any other penalties that may apply. Failure to provide this notice is a separate offense for each year after the notice was required;"

D.     Sections 12-37-3150(B)(8) and (9) of the 1976 Code are amended to read:

"(8)   a transfer of real property or other ownership interests among corporations, partnerships, limited liability companies, limited liability partnerships, or other legal entities if the entities involved are commonly controlled. Upon request by the applicable property tax assessor, a corporation, partnership, limited liability company, limited liability partnership, or other legal entity shall furnish proof within forty-five days that a transfer meets the requirements of this item. A corporation, partnership, limited liability company, limited liability partnership, or other legal entity that fails to comply with this request is subject to a civil penalty as provided in Section 12-37-3160(B); or

(9)   a transfer of an interest in a timeshare unit by deed or lease;

(10)   a transfer of an undivided, fractional ownership interest in real estate in a single transaction or as a part of a series of related transactions, if the ownership interest or interests conveyed, or otherwise transferred, in the single transaction or series of related transactions within a twenty-five year period, is not more than fifty percent of the entire fee simple title to the real estate;

(11)   a transfer to a single member limited liability company, not taxed separately as a corporation, by its single member or a transfer from a single member limited liability company, not taxed separately as a corporation, to its single member, as provided in Section 12-2-25(B)(1);

(12)   a conveyance, assignment, release, or modification of an easement, including, but not limited to:

(a)   a conservation easement, as defined in Chapter 8 of Title 27;

(b)   a utility easement; or

(c)   an easement for ingress, egress, or regress;

(13)   a transfer or renunciation by deed, release, or agreement of a claim of interest in real property for the purpose of quieting and confirming title to real property in the name of one or more of the existing owners of the real property or for the purpose of confirming or establishing the location of an uncertain or disputed boundary line; or

(14)   the execution or recording of a deed to real property for the purpose of creating or terminating a joint tenancy with rights of survivorship, provided the grantors and grantees are the same."

SECTION   2.   Section 12-37-3140(B) of the 1976 Code is amended to read:

"(B)   Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated on the land and improvements as a whole. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax."

SECTION   3.   This act takes effect upon approval by the Governor, and shall apply to real property transfers after 2009. No refund is allowed on account of values adjusted by the changes to the provisions of Section 12-37-3150.   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

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

H. 4174--Recorded Vote

Senator BRIGHT desired to be recorded as voting against the third reading of the Bill.

H. 4945 (Word version) -- Reps. M.A. Pitts, Duncan and Willis: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE AND REDEFINE THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED; AND TO REDESIGNATE MAP NUMBERS ON WHICH THESE DISTRICTS ARE DELINEATED.

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

Senator VERDIN proposed the following amendment (DKA\4031DW), which was adopted:

Amend the bill, as and if amended, by striking SECTION 4 in its entirety and inserting:

/ / SECTION   4.   A nonresident student attending a school in either Laurens County School District 55 or 56 on the effective date of this act may choose to attend the school he is attending or another school in either school district as assigned by the district in which he is enrolled until his secondary education is completed. /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

Senator VERDIN proposed the following amendment (DKA\4032DW10), which was adopted:

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

/ / SECTION __.   Transportation costs for the transporting of students, affected by the provisions of SECTION 4 of this act, from or to either Laurens County School District 55 or 56 to schools in either Laurens County School District 55 or 56 is not the responsibility of and shall not be borne by either Laurens County School District 55 or 56. These transportation costs shall continue to be the responsibility of the State Department of Education. /

Renumber sections to conform.

Amend title to conform.

Senator VERDIN explained the amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

OBJECTION

S. 1435 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 9 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 2010, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT NOON ON TUESDAY, JUNE 15, 2010, AND CONTINUE IN SESSION TO NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 17, 2010, FOR THE CONSIDERATION OF CERTAIN MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 17, 2010, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT A TIME MUTUALLY AGREED UPON BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES UPON CERTAIN OCCURRENCES AND FOR THE CONSIDERATION OF SPECIFIED MATTERS, AND TO PROVIDE THAT UNLESS ADJOURNED EARLIER THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE NO LATER THAN NOON ON TUESDAY, JANUARY 11, 2011.

Senator McCONNELL objected to further consideration of the Concurrent Resolution.

CARRIED OVER

H. 3975 (Word version) -- Rep. G.M. Smith: A BILL TO AMEND SECTION 50-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS MUST SUCCESSFULLY COMPLETE A HUNTER'S EDUCATION PROGRAM BEFORE THEY ARE ELIGIBLE TO RECEIVE A SOUTH CAROLINA HUNTING LICENSE, SO AS TO PROVIDE THAT THIS REQUIREMENT DOES NOT APPLY TO ACTIVE OR RETIRED UNITED STATES ARMED SERVICES PERSONNEL WHO CAN DEMONSTRATE TO THE DEPARTMENT OF NATURAL RESOURCES THAT THEY RECEIVED WEAPONS TRAINING DURING THEIR MILITARY CAREER.

On motion of Senator CROMER, the Bill was carried over.

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

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

THE SENATE PROCEEDED TO A CONSIDERATION OF THE VETOES.

Message from the House

Columbia, S.C., May 12, 2010

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R193, H. 3584 by a vote of 90 to 29:

(R193, H3584 (Word version)) -- Reps. Harrell, Bingham, Cooper, Harrison, Owens, Sandifer, White, Crawford, Bannister, Huggins, Sottile, Spires, Herbkersman, Loftis, Bowen, Erickson, Daning, Hardwick, J.R. Smith, Pinson, Toole, Brady, Clemmons, Edge, Forrester, Frye, Gullick, Hearn, Hiott, Horne, Kelly, Littlejohn, Long, E.H. Pitts, Rice, Skelton, D.C. Smith, G.M. Smith, Whitmire, Wylie, Gunn, Limehouse, Willis, J.E. Smith and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, TO PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOLLINGS CANCER CENTER FOR TOBACCO-RELATED CANCER RESEARCH, THE SMOKING PREVENTION AND CESSATION TRUST FUND, AND THE MEDICAID RESERVE FUND, TO PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND TO DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO INCLUDE THE DEFINITION OF "CIGARETTE"; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH THE SMOKING PREVENTION AND CESSATION TRUST FUND AND THE MEDICAID RESERVE FUND, BOTH SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; AND BY ADDING SECTION 11-49-55 SO AS TO PROVIDE THAT IF FUNDS FROM THE SMOKING PREVENTION AND CESSATION TRUST FUND ARE AVAILABLE, AND NOT OTHERWISE COMMITTED, THE DEPARTMENT OF AGRICULTURE SHALL RECEIVE ONE MILLION DOLLARS ANNUALLY FOR FIVE YEARS FOR MARKETING AND BRANDING STATE-GROWN CROPS AND TO ASSIST IN RELIEF FROM NATURAL DISASTERS AFFECTING STATE-GROWN CROPS.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R193, H3584 (Word version)) -- Reps. Harrell, Bingham, Cooper, Harrison, Owens, Sandifer, White, Crawford, Bannister, Huggins, Sottile, Spires, Herbkersman, Loftis, Bowen, Erickson, Daning, Hardwick, J.R. Smith, Pinson, Toole, Brady, Clemmons, Edge, Forrester, Frye, Gullick, Hearn, Hiott, Horne, Kelly, Littlejohn, Long, E.H. Pitts, Rice, Skelton, D.C. Smith, G.M. Smith, Whitmire, Wylie, Gunn, Limehouse, Willis, J.E. Smith and Bales: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE A SURTAX ON EACH CIGARETTE IN AN AMOUNT OF TWO AND ONE-HALF CENTS, TO PROVIDE FOR THE CREDITING OF THE REVENUE FROM THE SURTAX TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA HOLLINGS CANCER CENTER FOR TOBACCO-RELATED CANCER RESEARCH, THE SMOKING PREVENTION AND CESSATION TRUST FUND, AND THE MEDICAID RESERVE FUND, TO PROVIDE FOR REPORTING, PAYMENT, COLLECTION, AND ENFORCEMENT OF THE SURTAX, AND TO DEFINE "CIGARETTE"; TO AMEND SECTION 12-21-620, RELATING TO THE ORIGINAL CIGARETTE TAX, SO AS TO INCLUDE THE DEFINITION OF "CIGARETTE"; BY ADDING SECTION 11-11-230 SO AS TO CREATE AND ESTABLISH THE SMOKING PREVENTION AND CESSATION TRUST FUND AND THE MEDICAID RESERVE FUND, BOTH SO AS TO RECEIVE DEPOSITS OF THE REVENUES FROM THE CIGARETTE SURTAX AS SPECIFIED; AND BY ADDING SECTION 11-49-55 SO AS TO PROVIDE THAT IF FUNDS FROM THE SMOKING PREVENTION AND CESSATION TRUST FUND ARE AVAILABLE, AND NOT OTHERWISE COMMITTED, THE DEPARTMENT OF AGRICULTURE SHALL RECEIVE ONE MILLION DOLLARS ANNUALLY FOR FIVE YEARS FOR MARKETING AND BRANDING STATE-GROWN CROPS AND TO ASSIST IN RELIEF FROM NATURAL DISASTERS AFFECTING STATE-GROWN CROPS.

The veto of the Governor was taken up for immediate consideration.

Senator MULVANEY argued in favor of sustaining the veto.

PRESIDENT Pro Tempore PRESIDES

At 12:16 P.M., Senator McCONNELL assumed the Chair.

Senator MULVANEY argued in favor of sustaining the veto.

Senator CLEARY argued in favor of overriding the veto.

At 12:38 P.M., on motion of Senator KNOTTS, with unanimous consent, Senators COLEMAN, MASSEY and KNOTTS were granted leaved to attend a subcommittee meeting and were granted leave to vote from the balcony.

Senator CLEARY argued in favor of overriding the veto.

Senator ALEXANDER argued in favor of overriding the veto.

Senator BRIGHT argued in favor of sustaining the veto.

Senator ALEXANDER moved that the veto of the Governor be overridden.

The question was put, "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"

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

Ayes 33; Nays 13

AYES

Alexander                 Anderson                  Campbell
Campsen                   Cleary                    Coleman
Cromer                    Elliott                   Fair
Ford                      Hayes                     Hutto
Jackson                   Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin, Larry             Massey                    Matthews
McConnell                 McGill                    Nicholson
O'Dell                    Pinckney                  Rankin
Reese                     Rose                      Scott
Setzler                   Sheheen                   Williams

Total--33

NAYS

Bright                    Bryant                    Courson
Davis                     Grooms                    Knotts
Martin, Shane             Mulvaney                  Peeler
Ryberg                    Shoopman                  Thomas
Verdin

Total--13

The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.

Expression of Personal Interest

Senator ALEXANDER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LAND rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator CLEARY rose for an Expression of Personal Interest.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on May 13, 2010, at 1:02 P.M. and the following Acts and Joint Resolutions were ratified:

(R206, S. 328 (Word version)) -- Senators Verdin, Grooms, Campbell, Bright, Bryant and Campsen: AN ACT TO AMEND SECTION 47-5-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INOCULATING PETS AGAINST RABIES, SO AS TO PROVIDE THAT THESE INOCULATIONS MUST BE ADMINISTERED BY A LICENSED VETERINARIAN OR SOMEONE UNDER THE DIRECT SUPERVISION OF A LICENSED VETERINARIAN.
L:\COUNCIL\ACTS\328AB10.DOCX

(R207, S. 454 (Word version)) -- Senators Peeler and Ford: AN ACT 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 PROVIDE PROCEDURES FOR FILLING A BOARD SEAT THAT IS VACANT FOR SIXTY DAYS, TO PROVIDE THAT MILEAGE, PER DIEM, AND SUBSISTENCE FOR BOARD MEMBERS MUST BE PAID BY THE BOARD RATHER THAN FROM THE STATE GENERAL FUND, TO PROVIDE THAT THE OFFICE OF STATE FIRE MARSHAL WILL PROVIDE ADMINISTRATIVE SUPPORT TO THE BOARD AND THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AMONG OTHER FUNCTIONS, WILL PROVIDE ADMINISTRATIVE, FISCAL, INVESTIGATIVE, AND INSPECTION OPERATIONS AND ACTIVITIES OF THE BOARD, TO DEFINE TERMS, TO REQUIRE LICENSURE FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS AND TO PROVIDE LICENSURE QUALIFICATIONS AND REQUIREMENTS, TO AUTHORIZE THE DEPARTMENT, FIRE CHIEFS, AND LAW ENFORCEMENT OFFICERS TO INVESTIGATE COMPLAINTS AND TAKE NECESSARY ACTION TO MAINTAIN PUBLIC SAFETY, TO PROVIDE GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS THAT MAY BE IMPOSED, TO PROVIDE PROCEDURES FOR HEARINGS AND APPEALS, TO ESTABLISH REQUIREMENTS FOR FACILITIES FOR THE MANUFACTURING, SALE, OR STORAGE OF FIREWORKS, TO PROVIDE REQUIREMENTS FOR A RETAIL FIREWORKS SALES LICENSE, INCLUDING THE REQUIREMENT TO HAVE LIABILITY INSURANCE, TO REQUIRE A WHOLESALE LICENSE TO STORE DISPLAY FIREWORKS, TO REQUIRE THE REPORTING OF FIRES AND EXPLOSIONS, TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS MANUFACTURING, SELLING, OR STORING FIREWORKS; AND TO REPEAL SECTIONS 23-35-10, 23-35-20, 23-35-30, 23-35-40, 23-35-50, 23-35-60, 23-35-70, 23-35-80, 23-35-90, 23-35-100, 23-35-110, 23-35-120, 23-35-140, AND 23-35-160 RELATING TO THE REGULATION, LICENSURE, AND PERMITTING OF FIREWORKS AND EXPLOSIVES.
L:\COUNCIL\ACTS\454AC10.DOCX

(R208, S. 495 (Word version)) -- Senators Massey, Hutto and S. Martin: AN ACT TO AMEND SECTION 50-11-2100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIELD TRIALS, SO AS TO PROVIDE THAT A PARTICIPANT IN A FIELD TRIAL PERMITTED BY THE DEPARTMENT OF NATURAL RESOURCES IS NOT REQUIRED TO OBTAIN A HUNTING LICENSE IF HE IS NOT CARRYING A FIREARM AND GAME IS NOT TAKEN, TO PROVIDE THAT A FIELD TRIAL MAY NOT BE HELD OUTSIDE OF THE REGULAR SEASON EXCEPT AS PERMITTED BY THE DEPARTMENT; AND TO AMEND SECTION 50-9-1130, RELATING TO THE DEDUCTION OF ACCUMULATED POINTS FOR CERTAIN VIOLATIONS ASSOCIATED WITH HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE THE DEPARTMENT SHALL DEDUCT FOUR ACCUMULATED POINTS FROM A PERSON'S RECORD UPON SHOWING HE SUCCESSFULLY COMPLETED A FIREARM SAFETY PROGRAM ESTABLISHED BY THE DEPARTMENT, TO PROVIDE A PERSON IS NOT ELIGIBLE FOR THIS DEDUCTION IN CERTAIN CIRCUMSTANCES, AND TO PROVIDE THE DEPARTMENT MAY PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
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(R209, S. 1024 (Word version)) -- Senators O'Dell, Knotts and Setzler: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE SURVIVING SPOUSE OF A DECEDENT WHO WAS ELIGIBLE FOR THE EXEMPTION OF THE DWELLING OWNED BY A PERSON WITH CERTAIN SPECIFIC ILLNESSES CAUSING THE SAME AMBULATORY DIFFICULTIES AS PERSONS WITH PARAPARESIS OR HEMIPARESIS.
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(R210, S. 1146 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTIONS 9-1-1770, AS AMENDED, 9-1-1775, 9-8-110, AS AMENDED, 9-9-100, AS AMENDED, 9-11-120, AS AMENDED, 9-11-125, AND 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING RESPECTIVELY TO, AMONG OTHER THINGS, LIFE INSURANCE BENEFITS PAID BENEFICIARIES OF DECEASED RETIREES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE SOUTH CAROLINA RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, AND BENEFITS PAID PURSUANT TO THE ACCIDENTAL DEATH BENEFIT PROGRAM OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO MAINTAIN COMPLIANCE WITH THE INTERNAL REVENUE CODE OF 1986 BY PROVIDING FOR THESE BENEFITS TO BE PAID IN THE FORM OF DEATH BENEFITS RATHER THAN INSURANCE AND TO CORRECT A REFERENCE.
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(R211, H. 3270 (Word version)) -- Reps. Duncan, Hodges, Allison, Parker, Weeks, Wylie and Whipper: AN ACT TO AMEND SECTION 44-2-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF UNDERGROUND STORAGE TANKS, SO AS TO ESTABLISH NEW ANNUAL RENEWAL FEES THAT WILL BE IN EFFECT FOR THE YEARS 2012 THROUGH 2015 OR UNTIL THE SUPERB ACCOUNT IS CREDITED WITH AN ADDITIONAL THIRTY-SIX MILLION DOLLARS FROM THE INCREASE IN IT SOURCES OF INCOME, TO REQUIRE THAT THE ADDITIONAL REVENUE GENERATED FROM THE TANK FEE INCREASES BE DEPOSITED INTO THE SUPERB ACCOUNT, TO RESTRICT THE USES FOR THE ADDITIONAL REVENUE, AND TO REVISE THE MAXIMUM AMOUNT THAT MAY BE USED FOR ADMINISTRATIVE PURPOSES.
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(R212, H. 4093 (Word version)) -- Reps. Loftis, Mitchell, H.B. Brown, Bedingfield, Anthony, G.A. Brown, Crawford, Dillard, Harvin, Hiott, Knight, Lowe, J.R. Smith, Toole, D.C. Moss, Sellers, Brady, Funderburk, Hodges, Horne, Gunn, Bowers, Hutto and Stavrinakis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 TO TITLE 48 SO AS TO ENACT THE "SOUTH CAROLINA MANUFACTURER RESPONSIBILITY AND CONSUMER CONVENIENCE INFORMATION TECHNOLOGY EQUIPMENT COLLECTION AND RECOVERY ACT"; TO PROVIDE FINDINGS BY THE GENERAL ASSEMBLY; TO PROVIDE DEFINITIONS; TO REQUIRE A CERTAIN LABEL ON A COMPUTER OR TELEVISION DEVICE SOLD BY A MANUFACTURER; TO PROVIDE A COMPUTER MANUFACTURER MAY NOT SELL OR OFFER TO SELL A COVERED COMPUTER DEVICE UNLESS THE MANUFACTURER OFFERS A CERTAIN RECOVERY PROGRAM, AND TO DESCRIBE REQUIREMENTS FOR THIS PROGRAM; TO PROVIDE A TELEVISION MANUFACTURER MAY NOT SELL OR OFFER TO SELL A COVERED TELEVISION DEVICE UNLESS THE MANUFACTURER OFFERS A CERTAIN RECOVERY PROGRAM, AND TO DESCRIBE REQUIREMENTS FOR THIS PROGRAM; TO PROVIDE A COMPUTER OR TELEVISION MANUFACTURER MAY NOT BE LIABLE FOR DAMAGES ARISING FROM INFORMATION STORED ON A COVERED DEVICE COLLECTED FROM A CONSUMER UNDER THE MANUFACTURER'S RECOVERY PROGRAM; TO PROVIDE A RETAILER MAY ONLY SELL A COVERED DEVICE THAT MEETS CERTAIN REQUIREMENTS; TO PROVIDE AFTER JULY 1, 2011, A CONSUMER MAY NOT DISPOSE OF A COVERED DEVICE IN A CERTAIN MANNER; TO PROVIDE AN OWNER OR OPERATOR OF A SOLID WASTE LANDFILL MAY NOT KNOWINGLY ACCEPT COVERED DEVICES, AMONG OTHER THINGS; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PROVIDE CERTAIN INFORMATION ABOUT THE DISPOSAL OF COVERED DEVICES; TO PROVIDE THE DEPARTMENT MAY CONDUCT AUDITS AND INSPECTIONS OF A COMPUTER OR TELEVISION MANUFACTURER, RETAILER, OR RECOVERER TO DETERMINE COMPLIANCE WITH THIS CHAPTER; TO EXEMPT FINANCIAL AND PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS CHAPTER FROM THE FREEDOM OF INFORMATION ACT; TO REQUIRE THE DEPARTMENT INCLUDE IN ITS ANNUAL SOLID WASTE REPORT INFORMATION PROVIDED BY MANUFACTURERS ON RECOVERY PROGRAMS; TO PROVIDE COVERED DEVICES MUST BE RECOVERED IN A MANNER THAT COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REQUIREMENTS, AND CERTAIN RESPONSIBLE RECYCLING PRACTICES; AND TO PROVIDE THE DEPARTMENT SHALL PROMULGATE CERTAIN REGULATIONS.
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(R213, H. 4302 (Word version)) -- Rep. Funderburk: AN ACT 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.
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(R214, H. 4352 (Word version)) -- Reps. Hodges and Dillard: A JOINT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO REVIEW, STUDY, AND MAKE RECOMMENDATIONS CONCERNING THE NEED TO FOSTER THE DEVELOPMENT OF MICROENTERPRISES IN THIS STATE, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 20, 2011, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
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(R215, H. 4445 (Word version)) -- Reps. Loftis, Norman, Merrill, Hardwick, Erickson, Wylie, Chalk, Stewart, Pinson, Bedingfield, Huggins, Frye, Clemmons, Rice, Parker, G.R. Smith, Lowe, Hiott, Allison, Allen, Anthony, Bales, Ballentine, Bannister, Barfield, Bingham, Bowen, Cato, Cole, Cooper, Crawford, Daning, Delleney, Duncan, Edge, Gambrell, Hamilton, Harrell, Hearn, Horne, Kelly, Limehouse, Littlejohn, Long, Lucas, D.C. Moss, V.S. Moss, Nanney, Owens, M.A. Pitts, Sandifer, Scott, Simrill, D.C. Smith, G.M. Smith, Spires, Stringer, Thompson, Toole, Umphlett, Viers, White, Whitmire, Willis, A.D. Young, T.R. Young and Weeks: A JOINT RESOLUTION TO EXTEND CERTAIN GOVERNMENT APPROVALS AFFECTING THE DEVELOPMENT OF REAL PROPERTY WITHIN THE STATE.
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(R216, H. 4807 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R217, H. 4885 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REGULATIONS OF REAL PROPERTY OWNED AND LEASED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 4110, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R218, H. 4923 (Word version)) -- Reps. Govan, Cobb-Hunter, Ott and Sellers: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG CONSOLIDATED SCHOOL DISTRICT NO. 4 OF ORANGEBURG COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT UP TO ITS CONSTITUTIONAL DEBT LIMIT IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO DEFRAY THE LOSS OF EDUCATION FINANCE ACT FUNDS TO THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
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HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CARRIED OVER

S. 1030 (Word version) -- Senators Hayes, Mulvaney, Coleman, Verdin, S. Martin, Bryant, O'Dell, Davis, Campsen and Pinckney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-714 SO AS TO DESIGNATE THE MARSH TACKY AS THE OFFICIAL STATE HERITAGE HORSE OF SOUTH CAROLINA.

The House returned the Bill with amendments.

On motion of Senator HAYES, the Bill was carried over.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDED, CARRIED OVER

S. 1057 (Word version) -- Senators Alexander, Courson, Davis, Knotts, Grooms and McGill: A BILL TO AMEND SECTION 12-6-3622 OF THE 1976 CODE, RELATING TO TAX CREDITS FOR A FIRE SPRINKLER SYSTEM, TO CREATE A STUDY COMMITTEE TO DEVELOP AND EXPAND THE TAX CREDIT PROGRAM; TO AMEND SECTION 6-9-60, RELATING TO THE ADOPTION OF CERTAIN BUILDING CODES, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ADOPT BY REFERENCE A BUILDING CODE FOR RESIDENCES; AND TO REPEAL SECTION 6-9-135.

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

Senator LEATHERMAN spoke on the Bill.

Objection

With Senator LEATHERMAN retaining the floor, Senator LARRY MARTIN asked unanimous consent to make a motion to waive the time limitation of one hour under the provisions of Rule 15A.

Senator HUTTO objected.

Senator LEATHERMAN spoke on the Bill.

Point of Quorum

At 2:10 P.M., Senator KNOTTS made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

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

Alexander                 Anderson                  Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Davis                     Elliott
Fair                      Grooms                    Hayes
Hutto                     Jackson                   Knotts
Leatherman                Leventis                  Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McConnell                 McGill
Mulvaney                  Nicholson                 O'Dell
Peeler                    Reese                     Rose
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Verdin
Williams

A quorum being present, the Senate resumed.

Recorded Presence

Senators FORD and LAND recorded their presence subsequent to the Call of the Senate.

Senator LEATHERMAN spoke on the Bill.

Objection

At 2:33 P.M., with Senator LEATHERMAN retaining the floor, Senator HUTTO asked unanimous consent to make a motion to waive the time limitation of one hour under the provisions of Rule 15A and, further, bring debate to a close under the provisions of Rule 15A.

Senator LEVENTIS objected.

Senator LEATHERMAN spoke on the Bill.

Objection

At 2:40 P.M., with Senator LEATHERMAN retaining the floor, Senator HUTTO asked unanimous consent to make a motion to waive the time limitation of one hour under the provisions of Rule 15A and, further, bring debate to a close under the provisions of Rule 15A and, further, that those Senators present in the Chamber be reflected as voting in the affirmative of the motion.

Senator LARRY MARTIN objected.

Senator LEATHERMAN spoke on the Bill.

Rule 15A Invoked

At 2:44 P.M., Senator LARRY MARTIN moved under the provisions of Rule 15A to vote on the entire matter of S. 1057.

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

Ayes 28; Nays 8

AYES

Alexander                 Bright                    Bryant
Campbell                  Campsen                   Coleman
Courson                   Cromer                    Davis
Fair                      Grooms                    Hayes
Jackson                   Leatherman                Martin, Larry
Martin, Shane             Massey                    McGill
Mulvaney                  Nicholson                 O'Dell
Peeler                    Reese                     Rose
Setzler                   Shoopman                  Verdin
Williams

Total--28

NAYS

Cleary                    Elliott                   Ford
Hutto                     Leventis                  Malloy
McConnell                 Scott

Total--8

Having received the necessary vote, the motion under Rule 15A was adopted, with proponents and opponents having ten minutes each for discussion, totaling 20 minutes.

Statement by Senator KNOTTS

Had I been present in the Chamber at the time the vote was taken, I would have voted against the motion under Rule 15A. I was in the Ante-Chamber meeting with a constituent.

Statement by Senator LAND

Had I been present in the Chamber at the time the vote was taken, I would have voted against the motion under Rule 15A.

Objection

Senator SHANE MARTIN asked unanimous consent to make a motion to withdraw all amendments to this Bill.

Senator MALLOY objected.

Point of Personal Privilege

Senator LEVENTIS rose for a Point of Personal Privilege.

Parliamentary Inquiry

Senator LARRY MARTIN made a Parliamentary Inquiry as to whether the Senator was speaking on a Point of Personal Privilege or an Expression of Personal Interest.

Senator LEVENTIS resumed speaking on the Point of Personal Privilege.

Point of Order

Senator LARRY MARTIN raised a Point of Order that the Senator's remarks were violative of Rule 13 in that the Senator was making an Expression of Personal Interest which would be limited to five minutes rather than a Point of Personal Privilege as defined in Rule 13.

The PRESIDENT Pro Tempore sustained the Point of Order.

Point of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

At 3:06 P.M., Senator HUTTO moved under the provisions of Rule 26D to recommit the Bill to the Committee on Finance.

Senator HUTTO spoke on the motion.

On motion of Senator HUTTO, with unanimous consent, the motion to recommit was withdrawn.

Amendment No. 8

Senator LEVENTIS proposed the following Amendment No. 8 (1057LEVENTISSUNSET), which was withdrawn:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   (A)   Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-55.     The council shall promulgate as regulations, in accordance with the procedure and requirements contained in Article 1, Chapter 23 of Title 1, any provision of or amendment to any building code that would affect construction requirements for one-family or two-family dwellings. No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced until the effective date of the regulations required to be promulgated by this section."

(B)   The provisions of this SECTION shall cease to be effective on January 1, 2013.     /

Renumber sections to conform.

Amend title to conform.

Senator LEVENTIS explained the amendment.

Senator GROOMS argued contra to the adoption of the amendment.

RECESS

At 3:22 P.M., with Senator GROOMS retaining the floor, on motion of Senator SETZLER, with unanimous consent, the Senate receded from business subject to the Call of the Chair.

At 3:52 P.M., the Senate resumed.

On motion of Senator LARRY MARTIN, with unanimous consent, Amendment No. 8 and all pending amendments would be withdrawn.

There was no objection.

Amendment No. 115

Senators ALEXANDER, LEATHERMAN, L. MARTIN, MULVANEY, O'DELL and CLEARY proposed the following Amendment No. 115 (1057R022.TCA), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-55.   (A)   The council shall promulgate as regulations, in accordance with the procedure and requirements contained in Article 1, Chapter 23 of Title 1, any provision of or amendment to any building code that would affect construction requirements for one-family or two-family dwellings. No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced until the effective date of the regulations required to be promulgated by this section.

(B)   Notwithstanding subsection (A), a regulation mandating the installation of an automatic residential fire sprinkler system in one-family or two-family dwellings shall not become effective at any time prior to January 1, 2014."

Amend the bill further, as and if amended, page 2, by striking lines 34-38 and inserting:

/   (C)   Nothing in this section shall give the commission or the regulatory staff any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality, county, or regional transportation authority as defined in Chapter 25 of this title or their agencies."                     /

Renumber sections to conform.

Amend title to conform.

Senator ALEXANDER explained the amendment.

Statement by Senator JACKSON

Had I been in the Chamber at the time the vote was taken, I would have voted in favor of the adoption of the amendment.

On motion of Senator LARRY MARTIN, with unanimous consent, the Bill was carried over.

AMENDED AND READ THE SECOND TIME
PLACED IN THE STATUS OF INTERRUPTED DEBATE

H. 4663 (Word version) -- Reps. Sandifer, Bales, Cato, McEachern, Hamilton, Loftis, G.R. Smith, Wylie, Stringer, Willis, Clemmons, Barfield, Ballentine, Whitmire, White, Toole, Huggins, Pinson, Gunn, Norman, Millwood, Simrill, Delleney, Owens, Bannister, Rice, Erickson, D.C. Moss, Stewart, Mitchell, Bowen, J.E. Smith, Dillard, Herbkersman, Chalk, Haley, Viers, Anderson, T.R. Young, Nanney and Vick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-55 SO AS TO PROVIDE THAT A BUILDING CODE PROVISION THAT REQUIRES AN AUTOMATIC RESIDENTIAL FIRE SPRINKLER SYSTEM BE INSTALLED IN A NEW ONE-FAMILY OR TWO-FAMILY DWELLING MAY NOT BE ENFORCED, TO PROVIDE CERTAIN PROSPECTIVE HOMEOWNERS MAY CHOOSE WHETHER TO HAVE AN AUTOMATIC SPRINKLER SYSTEM INSTALLED, TO MAKE THE INSTALLATION OF AN AUTOMATIC SPRINKLER SYSTEM APPROVED BY THE INTERNATIONAL RESIDENTIAL CODE AVAILABLE WHERE REQUIRED BY THAT CODE, AND TO PROVIDE WHERE THE PROVISIONS OF THIS SECTION CONTROL EVEN WHEN THEY CONFLICT WITH ANOTHER LAW OR LOCAL ORDINANCE.

Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Labor, Commerce and Industry.

The Bill was recalled from the Committee on Labor, Commerce and Industry and ordered placed on the Calendar for consideration tomorrow.

Senator LARRY MARTIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

On motion of Senator LARRY MARTIN, with unanimous consent, the Senate agreed to place the Bill on the Special Order Calendar.

On motion of Senator LARRY MARTIN, the following amendment was taken up for immediate consideration.

Amendment No. 1

Senator ALEXANDER proposed the following Amendment No. 1 (4663R001.TCA), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Section 12-6-3622 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( )(1)   The General Assembly shall appoint a study committee to develop new strategies to increase participation in the tax credit program by all local taxing entities, and to review and make recommendations for increasing the installation of interconnected hard-wired smoke alarms. The study committee shall make a report of its findings to the General Assembly no later than January 30, 2011. The committee shall dissolve upon the date of its report.

(2)   The study committee shall be composed of six members. Three members shall be appointed by the President Pro Tempore of the Senate and three members appointed by the Speaker of the House of Representatives. The study committee must be composed of a representative of the South Carolina Fire Sprinkler Association, a representative of the South Carolina Home Builders Association, a representative of the South Carolina Association of Counties, and a representative of the Municipal Association of South Carolina.

(3)   Members of the study committee shall serve without any compensation for per diem, mileage, and subsistence."

SECTION   2.   Chapter 9, Title 6 of the 1976 Code is amended by adding:

"Section 6-9-55.   (A)   The council shall promulgate as regulations, in accordance with the procedure and requirements contained in Article 1, Chapter 23 of Title 1, any provision of or amendment to any building code that would affect construction requirements for one-family or two-family dwellings. No building code provision that would otherwise become effective after the effective date of this section concerning construction requirements for one-family or two-family dwellings shall be enforced until the effective date of the regulations required to be promulgated by this section.

(B)   Notwithstanding subsection (A), a regulation mandating the installation of an automatic residential fire sprinkler system in one-family or two-family dwellings shall not become effective at any time prior to January 1, 2014."

SECTION   3.   Section 58-5-390 of the 1976 Code, as added by Act 357 of 2008, is amended to read:

"Section 58-5-390.     (A)   A publicly or privately owned utility may not impose a tap fee, other fee, or a recurring maintenance fee of any nature or however described for the installation and maintenance of a fire sprinkler system that exceeds the actual costs associated with the water line to the system.

(B)   For purposes of this section, actual costs include direct labor, direct material, the necessity of increased capacity, and other direct charges associated with the separate fire sprinkler line. The direct costs must be documented by either an invoice or work order that specifically assigns the costs to the separate fire sprinkler line. Nothing in this section may be construed as requiring a utility to provide service to support a private fire protection system.

(C)   Nothing in this section shall give the commission or the regulatory staff any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality, county, or regional transportation authority as defined in Chapter 25 of this title or their agencies."

SECTION   4.   Section 6-9-135 of the 1976 Code is repealed.

SECTION   5.   Except where otherwise provided, this act takes effect upon approval by the Governor.     /

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

H. 4663--Recorded Vote

Senators BRIGHT and MULVANEY desired to be recorded as voting in favor of the second reading of the Bill.

On motion of Senator LARRY MARTIN, with unanimous consent, H. 4663 was placed in the status of Interrupted Debate.

RECOMMITTED

S. 1057 (Word version) -- Senators Alexander, Courson, Davis, Knotts, Grooms and McGill: A BILL TO AMEND SECTION 12-6-3622 OF THE 1976 CODE, RELATING TO TAX CREDITS FOR A FIRE SPRINKLER SYSTEM, TO CREATE A STUDY COMMITTEE TO DEVELOP AND EXPAND THE TAX CREDIT PROGRAM; TO AMEND SECTION 6-9-60, RELATING TO THE ADOPTION OF CERTAIN BUILDING CODES, TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ADOPT BY REFERENCE A BUILDING CODE FOR RESIDENCES; AND TO REPEAL SECTION 6-9-135.

On motion of Senator LARRY MARTIN, the Bill was recommitted to the Committee on Finance.

LOCAL APPOINTMENTS
Confirmations

Having received a favorable report from the Senate, the following appointments were confirmed in open session:

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Darrell S. Fisher, 103 Seattle Slew Lane, Greenville, SC 29617

Initial Appointment, Beaufort County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
David M. Taub, 414 New Street, Beaufort, SC 29902 VICE Teri L. Hartley

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Horace Butler, Jr., 12 Dean Street, Greenville, SC 29605

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
James E. Hudson, 6 Highview Drive, Greenville, SC 29609

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Michael D. Stokes, 6 Bailey Mill Road, Travelers Rest, SC 29690

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Leila Foster, 12 Howe Street, Greenville, SC 29601-3520

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Mark C. Edmonds, 131 Montis Drive, Greenville, SC 29617

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Shirley B. Keaton, P.O. Box 264, Belton, SC 29627

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Robert Franklin Simms, 204 Sheffield Road, Greer, SC 29651

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Dean Eugene Ford, 205 North Maple Street, Suite 4, Simpsonville, SC 29681

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Charles Ralph Garrett, 270 Pilot Road, Greenville, SC 29609

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Jesse A. McCall, Jr., 151 North Forest Circle, Marietta, SC 29661

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Diane D. Cagle, 6247 White Horse Road, Greenville, SC 29611-3845

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Sara G. Davis, 162 South Baldwin Road, Simpsonville, SC 29680

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Thomas E. Taylor, 412 Sandy Springs Road, Piedmont, SC 29673

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Ernest Michael - Patrick O'Brien, 102 Cherokee Drive, Greenville, SC 29615

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
James F. Rogers, P.O. Box 187, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Charles D. Spivey, P.O. Box 272, Lake View, SC 29563

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Mackie D. Hayes, Dillon County Magistrate Court, Post Office Box 1016, Dillon, SC 29536

Reappointment, Dillon County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012
At-Large:
Linda S. Edwards, 814 Mark Road, Dillon, SC 29536

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Matthew B. Hubbard, 9 Montford Court, Travelers Rest, SC 29690

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Vilvin W. Garrison, 551 Waterbrook Drive, Greenville, SC 29607

Reappointment, Dillon County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Magnolia T. Williams, P.O. Box 1281, Dillon, SC 29536

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Gaybriel Yolanda Gibson, 14 Cloverdale Lane, Greenville, SC 29607

Reappointment, Greenville County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014
Letonya T. Simmons, 202 Twilight Place, Simpsonville, SC 29681

On motion of Senator COLEMAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Elaine Ewing Jones of Winnsboro, S.C., beloved wife of Mr. Harold R. Jones, Sr. and devoted mother and doting grandmother. Mrs. Jones was graduated from Columbia College and taught in the Fairfield and Chester County schools.

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