South Carolina General Assembly
119th Session, 2011-2012
Journal of the Senate

Thursday, January 13, 2011
(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, the Honorable James Kenneth Ard.

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

The Lord God challenged the leaders of his people, saying to them:

"It shall be said, 'Build up, build up, prepare the way, remove every obstruction   from my people's way.' "         (Isaiah 57:14)

Once again, let us pray together:

Gracious Lord, we boldly ask that You will fill this Chamber with Your Holy Spirit, touching the heart of each leader in this place. May our new Lieutenant Governor, may these Senators, may every staff member, sense the power of Your call for them to make clear the way for blessings to rain down upon Your people, O God. Truly, the circumstances this year are daunting; the frustrations are real; the challenges are genuinely overwhelming. All the more reason, of course, for each of these leaders to work together and to find common ground, to resolve that nothing short of "building up" this State and her people will suffice. May it be so. For it is in Your loving name, dear Lord, that we pray.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Nikki Randhawa Haley:

Statewide Appointments

Initial Appointment, Director of Department of Commerce, with term coterminous with Governor
Robert M. Hitt, 1231 Shangri-La Drive, Winnsboro, SC 29180 VICE Joe E. Taylor

Referred to Committee on Labor, Commerce and Industry.
Initial Appointment, Director of Department of Labor, Licensing and Regulation, with term coterminous with Governor
Catherine Templeton, 34 Saturday Road, Mt. Pleasant, SC 29464 VICE Adrienne Youmans

Referred to Committee on Labor, Commerce and Industry.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

The following were received:
Document No. 4126
Agency: Clemson University - State Crop Pest Commission
Chapter: 27
Statutory Authority: 1976 Code Section 46-9-40
SUBJECT: South Carolina Pesticide Control
Received by Lieutenant Governor January 11, 2011
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 2011

Document No. 4130
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 48-1-10 et seq.
SUBJECT: Air Pollution Control Regulations and Standards; Standards of Performance for Asbestos Projects
Received by Lieutenant Governor January 11, 2011
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 2011

Document No. 4132
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-93-10 et seq. and 48-2-10
SUBJECT: Environmental Protection Fees (Re: Radioactive Material Licenses Fees)
Received by Lieutenant Governor January 11, 2011
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 2011

Document No. 4135
Agency: Department of Archives and History
Chapter: 12
Statutory Authority: 1976 Code Sections 4-9-195 and 5-21-140
SUBJECT: Rehabilitation of Designated Historic Buildings
Received by Lieutenant Governor January 11, 2011
Referred to Judiciary Committee
Legislative Review Expiration May 11, 2011

Document No. 4139
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 48-2-10 et seq.
SUBJECT: Environmental Protection Fees (Re: Drinking Water Fees)
Received by Lieutenant Governor January 11, 2011
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 2011

Document No. 4141
Agency: Department of Natural Resources
Chapter: 123
Statutory Authority: 1976 Code Sections 50-1-200, 50-1-220, 50-11-10, 50-11-96, 50-11-105, 50-11-310, 50-11-335, 50-11-350, 50-11-390, 50-11-520, 50-11-530, 50-11-854, 50-11-2200 and 50-11-2210
SUBJECT: Seasons, Limits, Methods of Take and Special Use Restrictions on Wildlife Management Areas; Turkey Hunting Rules and Seasons
Received by Lieutenant Governor January 11, 2011
Referred to Fish, Game and Forestry Committee
Legislative Review Expiration May 11, 2011

Document No. 4153
Agency: Department of Insurance
Chapter: 69
Statutory Authority: 1976 Code Sections 1-23-10 et seq., 38-3-110 and 38-75-485
SUBJECT: SC Safe Home Program Wind Inspectors and Contractors
Received by Lieutenant Governor January 11, 2011
Referred to Banking and Insurance Committee
Legislative Review Expiration May 11, 2011

Document No. 4154
Agency: Department of Agriculture
Chapter: 5
Statutory Authority: 1976 Code Section 39-25-180
SUBJECT: Food and Cosmetics
Received by Lieutenant Governor January 11, 2011
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 11, 2011

Doctor of the Day

Senators O'DELL and NICHOLSON introduced Dr. Gregory Tarasidis of Greenwood, S.C., Doctor of the Day, along with his daughter, Anna.

Expression of Personal Interest

Senator McCONNELL rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator ROSE rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 138 (Word version)     Sens. Cromer, McGill, Land, Sheheen, Cleary
S. 139 (Word version)     Sens. Cromer, McGill, Land, Sheheen, Cleary
S. 228 (Word version)     Sen. McConnell

Motion Adopted

On motion of Senator LARRY MARTIN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 344 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 38-77-112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF AN AUTOMOBILE INSURER FROM THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE COVERAGE FOR AN APPLICANT OR EXISTING POLICYHOLDER, SO AS TO REMOVE CERTAIN EXEMPTIONS FROM THE APPLICABILITY OF THIS SECTION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 345 (Word version) -- Senators Setzler, McGill, Land, Reese, Elliott, Williams, Nicholson, Lourie, Coleman, Sheheen, Matthews and Leventis: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED DURING THE PERIOD OF JANUARY 10, 2011, THROUGH JANUARY 14, 2011, BY THE STUDENTS OF ANY SCHOOL DISTRICT OF THIS STATE WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW OR INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.
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Senator SETZLER spoke on the Resolution.

Objection

Senator SETZLER asked unanimous consent to make a motion that the Resolution be placed on the Calendar without reference.

Senator RYBERG objected.

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

S. 346 (Word version) -- Senator Massey: A BILL TO AMEND ARTICLE 1, CHAPTER 19, TITLE 59 OF THE 1976 CODE, RELATING TO SCHOOL TRUSTEES, BY ADDING SECTION 59-19-35 TO PROHIBIT A PERSON CONVICTED OF A FELONY DRUG OFFENSE OR A CRIME THAT REQUIRES THE PERSON TO REGISTER ON THE SEX OFFENDER REGISTRY FROM BEING ELECTED OR APPOINTED TO SERVE ON A SCHOOL BOARD OF TRUSTEES.
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Read the first time and referred to the Committee on Education.

S. 347 (Word version) -- Senators Davis, Rose, Campbell, Grooms, Cromer, Bright and Peeler: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF IMPOSITION OF PROPERTY TAX, SO AS TO REDUCE THE ASSESSMENT RATIO ON MANUFACTURING, UTILITY, AND MINING REAL AND PERSONAL PROPERTY FROM TEN AND ONE-HALF PERCENT OF VALUE TO SIX PERCENT OF VALUE AND TO DELETE PROVISIONS MADE OBSOLETE BY THIS REDUCTION.
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Read the first time and referred to the Committee on Finance.

S. 348 (Word version) -- Senator Ryberg: A JOINT RESOLUTION TO ESTABLISH A WELLNESS PREMIUM DISCOUNT TO ELIGIBLE EMPLOYEES PARTICIPATING IN A HEALTH INSURANCE PLAN OFFERED THROUGH THE SOUTH CAROLINA EMPLOYEE INSURANCE PROGRAM, TO PROVIDE FOR ELIGIBILITY, AND TO PROVIDE FOR ONGOING CERTIFICATION GUIDELINES.
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Read the first time and referred to the Committee on Finance.

S. 349 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 50-21-125, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT CERTAIN SWIMMING RESTRICTIONS APPLY ON LAKES AND RESERVOIRS CONSTRUCTED OR DEVELOPED BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 350 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 50-11-854 OF THE 1976 CODE, RELATING TO SEASON AND BAG LIMITS FOR HUNTING AND TAKING CROWS, TO EXEMPT CROW HUNTERS FROM A REQUIREMENT TO WEAR CERTAIN CLOTHING WHILE HUNTING.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 351 (Word version) -- Senator Rose: A CONCURRENT RESOLUTION CALLING FOR A CONSTITUTIONAL CONVENTION FOR THE SOLE AND EXCLUSIVE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PERMIT THE REPEAL OF ANY FEDERAL LAW OR REGULATION BY VOTE OF TWO-THIRDS OF THE STATE LEGISLATURES.
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The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

S. 352 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 2-19-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE HEARINGS OF JUDICIAL CANDIDATES, SO AS TO PROVIDE FOR THE REOPENING OF THE PUBLIC HEARING WHEN SUFFICIENT CAUSE IS DETERMINED BY THE JUDICIAL MERIT SELECTION COMMISSION AFTER THE CANDIDATE IS FOUND QUALIFIED BUT PRIOR TO THE ISSUANCE OF THE COMMISSION'S REPORT.
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Read the first time and referred to the Committee on Judiciary.

S. 353 (Word version) -- Senators Knotts and McConnell: A BILL TO AMEND SECTION 7-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONVENTION NOMINATION OF CANDIDATES, SO AS TO INCLUDE STATE SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, TO REMOVE NOMINATION BY COMMITTEE, AND TO REMOVE NOMINATION TO THE OFFICE OF STATE SENATOR AND MEMBER OF THE HOUSE OF REPRESENTATIVES BY STATE CONVENTION.
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Read the first time and referred to the Committee on Judiciary.

S. 354 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 40-11-260(A) OF THE 1976 CODE, RELATING TO FINANCIAL STATEMENTS AND NET WORTH REQUIREMENTS FOR GENERAL CONTRACTORS, TO ADJUST THE REQUIRED NET WORTH AMOUNTS NECESSARY FOR A GENERAL CONTRACTOR'S LICENSE OR LICENSE RENEWAL; AND TO AMEND SECTION 40-11-260(B), TO ADJUST THE REQUIRED NET WORTH AMOUNTS NECESSARY FOR A MECHANICAL CONTRACTOR'S LICENSE OR LICENSE RENEWAL.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 355 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 88 TO TITLE 44 SO AS TO ENACT THE "BEDBUG PREVENTION AND SANITATION ACT", TO PROVIDE DEFINITIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPROVE BEDBUG SANITATION APPARATUSES, TO REQUIRE THE TAGGING OF CERTAIN BEDDING MATERIALS AND TO PROVIDE TAGGING PROCEDURES, TO PROVIDE THAT MATERIALS USED IN THE MANUFACTURE OF BEDDING MUST BE FREE OF TOXINS AND MADE FROM NEW MATERIALS, TO REQUIRE SEGREGATION OF UNSANITIZED BEDDING MATERIALS FROM NEW BEDDING MATERIALS, TO PROHIBIT THE ALTERATION OF BEDDING TAGS, TO PROVIDE THAT THE SALE OF BEDDING MATERIAL ONLY MAY BE MADE UNDER CERTAIN CONDITIONS AND TO PROVIDE EXCEPTIONS, TO REQUIRE MANUFACTURERS OR SANITIZERS OF BEDDING MATERIALS TO OBTAIN LICENSURE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE A FEE SCHEDULE FOR LICENSURE AND LICENSE APPLICATION REQUIREMENTS, TO ESTABLISH A BEDDING LAW ACCOUNT INTO WHICH FEES MUST BE DEPOSITED AND TO PROVIDE PURPOSES FOR WHICH THESE FEES MAY BE EXPENDED, TO PROVIDE FOR ENFORCEMENT OF THIS CHAPTER BY THE DEPARTMENT, TO EXEMPT CERTAIN NONPROFIT AND STATE AGENCIES FROM THE PROVISIONS OF THIS CHAPTER, AND TO REQUIRE THE DEPARTMENT TO ADOPT RULES AND PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS CHAPTER.
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Read the first time and referred to the Committee on Medical Affairs.

S. 356 (Word version) -- Senator Verdin: A BILL TO AMEND ARTICLE 2, CHAPTER 96, TITLE 44 OF THE 1976 CODE, RELATING TO SOLID WASTE MANAGEMENT, BY ADDING SECTION 44-96-285 TO REQUIRE THAT AN APPLICANT MAY APPLY FOR A PERMIT TO CONSTRUCT, EXPAND, OR MODIFY A SOLID WASTE MANAGEMENT FACILITY THE PROPOSED APPLICANT MUST FIRST RECEIVE A PRELIMINARY SITE APPROVAL AND A GEOLOGIC AND HYDROLOGIC SITE APPROVAL FROM THE DEPARTMENT, TO PROVIDE FOR PUBLIC HEARINGS CONDUCTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE PROPOSED APPLICANT, AND TO DEFINE NECESSARY TERMS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 357 (Word version) -- Senator Massey: A SENATE RESOLUTION TO AMEND THE FIRST PARAGRAPH OF RULE 19(E) OF THE RULES OF THE SENATE TO PROVIDE THAT COMMITTEE CHAIRMEN CANNOT SERVE CONSECUTIVE TERMS AS CHAIRMAN OF THE SAME COMMITTEE.
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The Senate Resolution was introduced and referred to the Committee on Rules.

S. 358 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 56-3-2335 OF THE 1976 CODE, RELATING TO RESEARCH AND DEVELOPMENT LICENSE PLATES, TO PROVIDE THAT RESEARCH AND DEVELOPMENT LICENSE PLATES MAY ALSO BE ISSUED TO VEHICLES OWNED BY THE RESEARCH AND DEVELOPMENT BUSINESS AND BY A FLEET OWNER UNDER CONTRACT WITH THE RESEARCH AND DEVELOPMENT BUSINESS, TO INCREASE THE MAXIMUM NUMBER OF RESEARCH AND DEVELOPMENT LICENSE PLATES THAT MAY BE ISSUED, AND TO PROVIDE FOR OPERATION OF RESEARCH AND DEVELOPMENT LICENSED VEHICLES IN OTHER STATES.
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Read the first time and referred to the Committee on Transportation.

S. 359 (Word version) -- Senators Lourie, Scott, Jackson and Courson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. JASPER SALMOND OF RICHLAND COUNTY, VICE CHAIRMAN OF RICHLAND COUNTY SCHOOL DISTRICT ONE SCHOOL BOARD, FOR HIS SELFLESS SERVICE TO HIS COMMUNITY, AND TO WISH HIM WELL UPON HIS RETIREMENT FROM THE BOARD.
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The Senate Resolution was adopted.

S. 360 (Word version) -- Senator Malloy: A SENATE RESOLUTION TO HONOR AND RECOGNIZE JOSHUA WILLIAM GODWIN OF DARLINGTON COUNTY FOR HIS NOTEWORTHY ACHIEVEMENTS IN THE BOY SCOUTS OF AMERICA, AND TO CONGRATULATE HIM FOR EARNING THE PRESTIGIOUS RANK OF EAGLE SCOUT, THE HIGHEST AWARD IN SCOUTING.
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The Senate Resolution was adopted.

S. 361 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE WILLIAM PRITCHARD, FORMER CHIEF EXECUTIVE OFFICER OF BURROUGHS & CHAPIN COMPANY, ON BEING NAMED RECIPIENT OF THE 2010 LEADERSHIP GRAND STRAND ANN DEBOCK LEADERSHIP AWARD.
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The Senate Resolution was adopted.

S. 362 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE CALVIN GILMORE, OWNER, PRODUCER, AND DIRECTOR OF THE CAROLINA OPRY, ON BEING NAMED MYRTLE BEACH AREA CHAMBER OF COMMERCE 2010 ASHBY WARD PIONEER OF THE YEAR.
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The Senate Resolution was adopted.

S. 363 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MAGGIE SULLIVAN OF OCEAN REEF RESORT ON BEING NAMED MYRTLE BEACH AREA CHAMBER OF COMMERCE 2010 HOSPITALITY EMPLOYEE OF THE YEAR.
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The Senate Resolution was adopted.

S. 364 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE DANIEL H. ISAAC, JR., PRESIDENT OF A&I CORPORATION, ON BEING NAMED MYRTLE BEACH AREA CHAMBER OF COMMERCE 2010 CITIZEN OF THE YEAR.
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The Senate Resolution was adopted.

S. 365 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE DEANNE JOHNSON, OWNER AND CREATIVE DIRECTOR OF STUDIO 303, ON BEING NAMED MYRTLE BEACH AREA CHAMBER OF COMMERCE 2010 CHAMBER VOLUNTEER OF THE YEAR.
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The Senate Resolution was adopted.

S. 366 (Word version) -- Senator Elliott: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE MARTY KEENE OF THE MYRTLE BEACH AREA CHAMBER OF COMMERCE ON BEING NAMED THE CHAMBER'S 2010 AMBASSADOR OF THE YEAR.
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The Senate Resolution was adopted.

S. 367 (Word version) -- Senators Sheheen, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Shoopman, Thomas, Verdin and Williams: A SENATE RESOLUTION TO COMMEND THE HONORABLE JOHN M. SPRATT, JR., OF YORK COUNTY FOR HIS TWENTY-EIGHT YEARS OF COMMITTED SERVICE AS A MEMBER OF THE U.S. HOUSE OF REPRESENTATIVES, REPRESENTING SOUTH CAROLINA'S 5TH CONGRESSIONAL DISTRICT, AND TO WISH HIM ALL THE BEST IN THE YEARS TO COME.
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The Senate Resolution was adopted.

S. 368 (Word version) -- Senators Sheheen, Malloy, Scott, Coleman, Massey and Lourie: A BILL TO AMEND SECTION 1-11-495(B) OF THE 1976 CODE, RELATING TO MONITORING APPROPRIATIONS AND EXPENDITURES TO DETERMINE YEAR-END DEFICITS, TO PROHIBIT AGENCIES, DEPARTMENTS, AND INSTITUTIONS OF THIS STATE FROM RUNNING A DEFICIT FOR THE FISCAL YEAR; AND TO AMEND SECTION 1-11-495(C), TO PROHIBIT THE GENERAL ASSEMBLY FROM AUTHORIZING SUPPLEMENTAL APPROPRIATIONS TO ANY AGENCY PROJECTED TO RUN A DEFICIT FOR THE FISCAL YEAR.
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Read the first time and referred to the Committee on Finance.

H. 3279 (Word version) -- Reps. Harrell, Lucas, Cooper, Hardwick, Harrison, Owens, Sandifer, White, Howard and Bingham: A CONCURRENT RESOLUTION INVITING HER EXCELLENCY, NIKKI HALEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2011, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

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

H. 3281 (Word version) -- Reps. Harrell, Agnew, Alexander, Allen, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bikas, Bingham, Bowen, Bowers, Brady, Branham, Brannon, Brantley, G. A. Brown, H. B. Brown, R. L. Brown, Butler Garrick, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, Cooper, Corbin, Crawford, Crosby, Daning, Delleney, Dillard, Edge, Erickson, Forrester, Frye, Funderburk, Gambrell, Gilliard, Govan, Hamilton, Hardwick, Harrison, Hart, Hayes, Hearn, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parker, Parks, Patrick, Pinson, Pitts, Pope, Quinn, Rutherford, Ryan, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Tribble, Umphlett, Vick, Viers, Weeks, Whipper, White, Whitmire, Williams, Willis and Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE GENERAL ASSEMBLY UPON THE DEATH OF SOUTH CAROLINA STATE REPRESENTATIVE CATHY HARVIN OF CLARENDON COUNTY ON SATURDAY, DECEMBER 4, 2010, AND TO CONVEY THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

H. 3326 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND REMEMBER JOE W. DEVORE OF AIKEN COUNTY FOR HIS MANY YEARS OF OUTSTANDING COMMUNITY SERVICE, ESPECIALLY TO AIKEN TECHNICAL COLLEGE, AND TO EXTEND THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. DEVORE UPON HIS RECENT PASSING.

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

REPORTS OF STANDING COMMITTEES

Senator LARRY MARTIN from the Committee on Rules submitted a favorable with amendment report on:

S. 9 (Word version) -- Senators L. Martin, Peeler, Rose, Campsen, Verdin and Cromer: A SENATE RESOLUTION TO AMEND RULE 16 OF THE RULES OF THE SENATE, RELATING TO VOTES BY AYES AND NOES AND THE REQUIREMENT THAT SENATORS PRESENT MUST VOTE, TO PROVIDE THAT RECORDED VOTES MUST BE TAKEN ON SECOND READING OF ALL BILLS AND RESOLUTIONS HAVING THE FORCE AND EFFECT OF LAW AND ON CERTAIN OTHER MATTERS.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Rules submitted a favorable report on:

S. 162 (Word version) -- Senators Shoopman and Rose: A SENATE RESOLUTION TO AMEND RULE 35A, RULES OF THE SENATE, RELATING TO THE ADMISSION TO THE FLOOR OF THE SENATE, TO PROVIDE THAT A SENATOR'S IMMEDIATE FAMILY MEMBERS SHALL BE ALLOWED ADMISSION TO THE SENATE FLOOR INSIDE THE RAIL.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Rules submitted a favorable with amendment report on:

S. 326 (Word version) -- Senators Hayes, Peeler and Rose: A SENATE RESOLUTION TO AMEND RULE 44, RELATING TO THE SENATE ETHICS COMMITTEE'S DUTIES AND PROCEDURES, SO AS TO PROVIDE ADDITIONAL DUTIES, COMPLAINT PROCEDURES, AND PROCEDURES FOR FINDINGS OF PROBABLE CAUSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO ADD PROVISIONS REGARDING THE RECEIPT OF DOCUMENTS RELATING TO PROCEEDINGS IN ACTIONS TAKEN AGAINST A MEMBER; AND TO AMEND RULE 44.1, RELATING TO THE RULES GOVERNING ACTIONS TAKEN AGAINST A MEMBER, SO AS TO PROVIDE PROVISIONS FOR SUSPENSION AND REINSTATEMENT.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Rules submitted a favorable with amendment report on:

S. 327 (Word version) -- Senators Davis, McConnell, Campsen, Shoopman, Verdin and Rose: A SENATE RESOLUTION TO AMEND RULE 27, RULES OF THE SENATE, TO PROVIDE FOR A SEVENTY-TWO HOUR BUDGET REVIEW.

Ordered for consideration tomorrow.

HOUSE CONCURRENCES

S. 338 (Word version) -- Senators Courson, McConnell, Land, Peeler, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Knotts, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEMORATE FEBRUARY 6, 2011, AS "RONALD REAGAN DAY".

Returned with concurrence.

Received as information.

S. 342 (Word version) -- Senators Knotts, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Grooms, Hayes, Hutto, Jackson, Land, Leatherman, Leventis, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McConnell, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Ryberg, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE LEXINGTON DIXIE YOUTH INDEPENDENT ALL-STAR BASEBALL TEAM FOR ITS IMPRESSIVE WIN OF THE 2010 CLASS AAA DIXIE YOUTH WORLD SERIES CHAMPIONSHIP TITLE, AND TO HONOR THE PLAYERS AND COACHES ON AN OUTSTANDING SEASON.

Returned with concurrence.

Received as information.

EXECUTIVE SESSION

On motion of Senator LARRY MARTIN, the seal of secrecy was removed, insofar as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointments were confirmed in open session:

Initial Appointment, Director of Department of Labor, Licensing and Regulation, with term coterminous with Governor
Catherine Templeton, 34 Saturday Road, Mt. Pleasant, SC 29464 VICE Adrienne Youmans

On motion of Senator RYBERG, the question was confirmation of Ms. Templeton.

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

Ayes 45; Nays 0

The following named Senators voted for Ms. Templeton:

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

Total--45

The appointment of Mrs. Templeton was confirmed.

Initial Appointment, Director of Department of Commerce, with term coterminous with Governor
Robert M. Hitt, 1231 Shangri-La Drive, Winnsboro, SC 29180 VICE Joe E. Taylor

On motion of Senator RYBERG, the question was confirmation of Mr. Hitt.

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

Ayes 45; Nays 0

The following named Senators voted for Mr. Hitt:

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

Total--45

The appointment of Mr. Hitt was confirmed.

MOTION ADOPTED

On motion of Senators GROOMS, McCONNELL, CAMPSEN, CLEARY, FORD, PINCKNEY and ROSE, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Mayor Harry Hallman of Mt. Pleasant, S.C. Mayor Hallman also served in the S. C. House of Representatives from 1988 to 1996 and served on the Board of the Department of Health and Environmental Control and the governing board for the predecessor of the State Commerce Department.

ADJOURNMENT

At 12:43 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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