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

Thursday, May 12, 2011
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 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:

Once more we hear the Lord say to his servant Joshua:

" 'I hereby command you: Be strong and courageous; do not be frightened or dismayed, for the Lord your God is with you where-ever you go.' "       (Joshua 1:9)

Let us pray:

Gracious and ever-loving God, by the power of Your Spirit guide and bless each member of this Senate as they strive to serve all of the residents of South Carolina. Such a challenge it is to do so! For inevitably situations arise when dissension and even conflict become center stage. In those moments, dear Lord, enable these leaders to remain strong and courageous as they discern Your will and endeavor to achieve the goals that they believe to be best for all of the people. In Your loving name we pray, O Lord.
Amen.

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

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Nikki Randhawa Haley:

Local Appointment

Initial Appointment, Florence County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014

Frank White, 3118 Devon Road, Florence, SC 29505 VICE Ulysses Frieson

Doctor of the Day

Senator RYBERG introduced Dr. Anthony Harris of Aiken, S.C., Doctor of the Day.

Statement by Senator GROOMS

In performing duties as Chairman of the Review and Oversight Commission of the S.C. Ports Authority, I will be out of the Senate Chamber for several hours today. The President of the Senate with the consent of the Senate membership has granted leave for this time.

Leave of Absence

At 11:45 A.M., Senator WILLIAMS requested a leave of absence beginning at 5:00 P.M. this evening and lasting until Tuesday at Noon.

Leave of Absence

At 1:10 P.M., Senator LAND requested a leave of absence beginning at 4:30 P.M. this evening and lasting until Tuesday at Noon.

Leave of Absence

At 1:50 P.M., Senator JACKSON requested a leave of absence beginning at 5:00 P.M. this evening and lasting until Tuesday.

Leave of Absence

At 1:55 P.M., Senator RANKIN requested a leave of absence beginning at 5:00 P.M. this evening and lasting until Tuesday.

Leave of Absence

At 5:00 P.M., Senator SHEHEEN requested a leave of absence for Tuesday, May 17.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 862 (Word version)     Sen. Bright

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 881 (Word version) -- Senator Lourie: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES IN WHICH LOCAL GOVERNMENT UNITS AND POLITICAL SUBDIVISIONS ARE ALLOWED TO INVEST, SO AS TO ALLOW LOCAL GOVERNMENT UNITS AND POLITICAL SUBDIVISIONS TO INVEST IN OBLIGATIONS OF A CORPORATION, STATE, OR POLITICAL SUBDIVISION DENOMINATED IN UNITED STATES DOLLARS, IF THE OBLIGATIONS BEAR AN INVESTMENT GRADE RATING OF AT LEAST TWO NATIONALLY RECOGNIZED RATING SERVICES.
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Read the first time and referred to the Committee on Finance.

S. 882 (Word version) -- Senators Leventis and Scott: A BILL TO AMEND SECTION 8-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PUBLIC EMPLOYERS VERIFY THE EMPLOYMENT AUTHORIZATION OF EMPLOYEES, SO AS TO ALLOW THE EMPLOYMENT OF WORKERS WHO POSSESS A VALID UNITED STATES PASSPORT, MILITARY IDENTIFICATION CARD, OR A UNITED STATES MILITARY DEPENDENT IDENTIFICATION CARD; AND TO AMEND SECTION 41-8-20, AS AMENDED, RELATING TO SOUTH CAROLINA EMPLOYMENT LICENSES, SO AS TO PROVIDE THAT A UNITED STATES PASSPORT, MILITARY IDENTIFICATION CARD, OR A UNITED STATES MILITARY DEPENDENT IDENTIFICATION CARD MAY BE USED FOR EMPLOYER VERIFICATION PURPOSES.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 883 (Word version) -- Senator Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-180 SO AS TO REQUIRE THE DEPARTMENT OF VOCATIONAL REHABILITATION TO PROVIDE CERTAIN MONTHLY CLIENT CONTACT AND SERVICE INFORMATION TO THE GOVERNOR, LIEUTENANT GOVERNOR, PRESIDENT PRO TEMPORE OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, SENATE FINANCE COMMITTEE MEMBERS, AND THE HOUSE WAYS AND MEANS COMMITTEE MEMBERS.
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Senator ELLIOTT spoke on the Bill.

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

S. 884 (Word version) -- Senator Pinckney: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF JASPER COUNTY SCHOOL DISTRICT TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT, IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL 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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Read the first time and ordered placed on the Local and Uncontested Calendar.

S. 885 (Word version) -- Senators Nicholson and O'Dell: A SENATE RESOLUTION TO RECOGNIZE THAT JOHN THOMAS NAVE SET AN EXAMPLE OF LEADERSHIP, INTEGRITY, HONOR, DISCIPLINE, AND SPORTSMANSHIP FOR THE CITIZENS OF GREENWOOD COUNTY, ESPECIALLY THE YOUNG BASEBALL PLAYERS WHOSE LIVES HE TOUCHED.
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The Senate Resolution was adopted.

S. 886 (Word version) -- Senator Nicholson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR W. J. CHRISTOPHER, SR., OF GREENWOOD COUNTY, AND TO WISH HIM SUCCESS AS HE RIDES IN THE 2011 TOUR DE CURE.
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The Senate Resolution was adopted.

S. 887 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE DEATH OF THE HONORABLE OLIN THOMAS "TOM" CORBETT, FORMER MAGISTRATE JUDGE FOR THE WAGENER-SALLEY-AIKEN DISTRICT, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.

H. 3226 (Word version) -- Reps. Bedingfield, Stringer, G. R. Smith, Simrill, Harrison, Allison, G. M. Smith, Bingham, Viers, Ballentine, Harrell, Young, Herbkersman, Hixon, Taylor, Barfield, Loftis, Corbin, Clemmons, Hearn, Owens, Bowen, Norman, Erickson, Pinson and Patrick: A BILL TO ENACT THE "SOUTH CAROLINA REGULATORY REFORM ACT"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-122 SO AS TO PROVIDE THE GENERAL ASSEMBLY OR A COMMITTEE OF THE GENERAL ASSEMBLY MAY NOT AMEND OR OTHERWISE CHANGE AN AMENDMENT UNDER GENERAL ASSEMBLY REVIEW, AND ONLY THE AGENCY THAT SUBMITTED THE REGULATION FOR REVIEW MAY AMEND OR OTHERWISE CHANGE THE LANGUAGE OF A REGULATION IT SUBMITS FOR GENERAL ASSEMBLY REVIEW; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO THE APPROVAL OF PROPOSED REGULATIONS, SO AS TO DELETE THE PROVISION OF AN AUTOMATIC APPROVAL AND TO INSTEAD PROVIDE AN AUTOMATIC VOTE IN THE HOUSE AND SENATE; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO CERTAIN NOTICE REQUIREMENTS, SO AS TO MAKE CONFORMING CHANGES.

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

H. 3488 (Word version) -- Reps. Bingham, Harrell and Toole: A BILL TO AMEND ACT 99 OF 2007, RELATING TO THE ADDITION OF A SALES TAX EXEMPTION FOR DURABLE MEDICAL EQUIPMENT AND THE PHASE IN OF THAT EXEMPTION, SO AS TO DELETE THE PHASE IN REQUIREMENTS; AND TO AMEND SECTIONS 12-36-90, 12-36-910, 12-36-1310, AND 12-36-2120, ALL AS AMENDED, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE SALES AND USE TAX, SO AS TO PROVIDE FURTHER FOR THOSE INSTANCES WHERE SALES AND USE TAX APPLIES IN CONNECTION WITH WARRANTIES AND SERVICE MAINTENANCE CONTRACTS SOLD IN CONNECTION WITH THE SALE OF TANGIBLE PERSONAL PROPERTY.

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

H. 3750 (Word version) -- Reps. Viers and Vick: A BILL TO AMEND SECTION 17-5-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CORONER'S DUTIES WHEN A PERSON DIES, INCLUDING WHERE AN AUTOPSY MUST BE PERFORMED IF A PERSON DIES IN A HEALTH CARE FACILITY WITHIN TWENTY-FOUR HOURS OF ENTERING THE FACILITY OR WITHIN TWENTY-FOUR HOURS OF UNDERGOING AN INVASIVE SURGICAL PROCEDURE, SO AS TO PROVIDE THAT UNLESS THE CORONER CERTIFIES THAT THERE IS NO REASONABLE ALTERNATIVE, THE AUTOPSY MUST NOT BE PERFORMED AT THE HEALTH CARE FACILITY WHERE THE DEATH OCCURRED OR BY A PHYSICIAN WHO TREATED THE PATIENT OR WHO WAS EMPLOYED BY THE HEALTH CARE FACILITY WHERE THE DEATH OCCURRED.

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

H. 4146 (Word version) -- Reps. Pinson, Parks and Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE ON WEST CAMBRIDGE STREET IN THE CITY OF GREENWOOD "CARL JULIEN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CARL JULIEN BRIDGE".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4149 (Word version) -- Reps. Hodges and R. L. Brown: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY TO ISSUE GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT WITHIN ITS CONSTITUTIONAL DEBT LIMIT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS IN ONE OR MORE SERIES, TO DEFRAY THE LOSS OF AMERICAN REINVESTMENT AND RECOVERY ACT FUNDS AND EDUCATION FINANCE ACT FUNDS TO THE SCHOOL 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.

Read the first time and ordered placed on the Local and Uncontested Calendar.

H. 4207 (Word version) -- Rep. G. A. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE PASSING OF JAMES E. DAVIS, SR., AND HIS BELOVED WIFE, BESSIE MAE PETERSON DAVIS, BOTH OF SUMTER COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO THEIR FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEES
Appointments Reported

Senator RYBERG from the Committee on Labor, Commerce and Industry submitted a favorable report on:

Statewide Appointments

Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2010, and to expire June 30, 2014
5th Congressional District:
Clyde M. Jones, 1002 Sunnyhill Drive, Camden, SC 29512

Received as information.

Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2011, and to expire June 30, 2015
At-Large Doctor:
James William Phillips III, 30 Foot Point Road, Columbia, SC 29209

Received as information.

Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2008, and to expire June 30, 2012
4th Congressional District:
Alan Wells, 1107 Edwards Road, Greenville, SC 29615 VICE Mrs. Lynda Leventis-Wells

Received as information.

Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2008, and to expire June 30, 2012
At-Large:
Pamela Shealy, 152 E. Selwood Lane, Columbia, SC 29212 VICE Michael Tyler (resigned)

Received as information.
Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2008, and to expire June 30, 2012
6th Congressional District:
Steven K. Dean, 601 Periwinkle Court, Sumter, SC 29150 VICE Luther Bradley (deceased)

Received as information.

Message from the House

Columbia, S.C., April 28, 2011

Mr. President and Senators:

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

H. 3562 (Word version) -- Reps. Ott, Hardwick, Brady, Spires, Butler Garrick, Vick, Jefferson, McEachern, Munnerlyn, Knight, Sabb, Gambrell, Anderson, Hiott, Hodges, Dillard, Allen, Battle, Hosey, Weeks and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO ENACT "CHANDLER'S LAW" SO AS TO PROVIDE FOR REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES INCLUDING MINIMUM AGE REQUIREMENTS FOR THE OPERATION OF ALL-TERRAIN VEHICLES, SAFETY COURSE COMPLETION REQUIREMENTS, SAFETY EQUIPMENT REQUIREMENTS, AND PASSENGER RIDING REQUIREMENTS, TO PROVIDE FOR THE ENFORCEMENT OF THE PROVISIONS CONTAINED IN THIS CHAPTER, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND BY ADDING ARTICLE 9 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES..
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

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

READ THE SECOND TIME

S. 119 (Word version) -- Senators Campsen, Rose, McConnell and Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-705 SO AS TO PROVIDE THAT, UPON RECEIPT OF THE NOTICE OF A PAROLE HEARING, THE VICTIM AND MEMBERS OF THE VICTIM'S IMMEDIATE FAMILY MAY SUBMIT WRITTEN STATEMENTS TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE STATEMENTS MUST BE CONSIDERED BY THE BOARD IN MAKING ITS DETERMINATION OF PAROLE, AND TO PROVIDE THAT THE STATEMENTS MUST BE RETAINED BY THE BOARD AND MUST BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS.

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

Senator CAMPSEN explained the amendment.

The amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 35; Nays 1

AYES

Alexander                 Anderson                  Bright
Bryant                    Campsen                   Cleary
Courson                   Cromer                    Davis
Elliott                   Fair                      Grooms
Hayes                     Hutto                     Knotts
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Pinckney                  Rankin
Rose                      Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--35
NAYS

Land

Total--1

The Bill was read the second time and ordered placed on the Third Reading Calendar.

CARRIED OVER

H. 3295 (Word version) -- Rep. Herbkersman: A BILL TO AMEND SECTION 61-6-1820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR A NONPROFIT ORGANIZATION TO OBTAIN A LICENSE TO SELL ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO PROVIDE THAT UNDER CERTAIN CONDITIONS A HOMEOWNER'S ASSOCIATION, CHARTERED AS A NONPROFIT ORGANIZATION BY THE SECRETARY OF STATE, WHOSE MEMBERSHIP IS LIMITED TO INDIVIDUALS WHO OWN PROPERTY IN THE RESIDENTIAL COMMUNITY AND WHOSE AFFAIRS ARE GOVERNED BY A BOARD OF DIRECTORS ELECTED BY THE MEMBERSHIP, IS ALSO ELIGIBLE FOR SUCH A LICENSE.

Senator DAVIS explained the Bill.

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

CARRIED OVER

S. 878 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4161, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Joint Resolution was carried over.

CONCURRENCE

S. 431 (Word version) -- Senators McConnell, Rankin, Setzler, Campbell, Shoopman, Reese, Bright, Alexander, S. Martin, Fair, Cromer, Bryant, Elliott, O'Dell, Campsen, Ford, Rose, Lourie, Cleary, Verdin, McGill, Williams, Nicholson, Knotts, Land and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-61-70 SO AS TO PROVIDE THAT A LIABILITY INSURANCE POLICY ISSUED BY AN INSURER AND COVERING A CONSTRUCTION PROFESSIONAL IN THIS STATE MUST BE BROADLY CONSTRUED IN FAVOR OF COVERAGE, AND TO PROVIDE THAT WORK OF A CONSTRUCTION PROFESSIONAL RESULTING IN PROPERTY DAMAGE IN CERTAIN CIRCUMSTANCES CONSTITUTES AN OCCURRENCE AS COMMONLY DEFINED IN LIABILITY INSURANCE AND IS NOT THE INTENDED OR EXPECTED CONSEQUENCE OF THE WORK OF THE CONSTRUCTION PROFESSIONAL.

The House returned the Bill with amendments.

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

There was no objection.

Senator RANKIN explained the amendments.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, members of the Committee on Education were granted leave to attend a meeting and were granted leave to vote from the balcony.

The question then was concurrence with the House amendments.

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

Ayes 36; Nays 0

AYES

Alexander                 Anderson                  Bright
Bryant                    Campsen                   Cleary
Courson                   Davis                     Elliott
Fair                      Gregory                   Grooms
Hayes                     Hutto                     Land
Leatherman                Malloy                    Martin, Larry
Martin, Shane             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Pinckney                  Rankin
Reese                     Rose                      Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Total--0

The Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 3700, THE GENERAL APPROPRIATION BILL.

DEBATE INTERRUPTED

H. 3700--GENERAL APPROPRIATIONS BILL

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

The PRESIDENT stated that pursuant to Rule 16, a section by section vote was required on the Bill prior to third reading.

Parliamentary Inquiry

Senator SETZLER made a Parliamentary Inquiry as to whether there were further amendments on the Desk.

The PRESIDENT stated that there were ten amendments.

Parliamentary Inquiry

Senator BRYANT made a Parliamentary Inquiry as to whether the three-fifths vote would be required to consider each amendment.

The PRESIDENT stated that to consider each amendment a three-fifths vote would be required pursuant to Rule 26B.

Senator DAVIS was recognized to speak on the Bill.

RECESS

At 12:18 P.M., with Senator DAVIS retaining the floor, on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed thirty minutes.

AFTERNOON SESSION

The Senate reassembled at 1:05 P.M. and was called to order by the PRESIDENT.

MOTION ADOPTED

On motion of Senator McCONNELL, the Senate agreed that, when the Senate adjourns today, under the provisions of Rule 1, it stand adjourned to meet at 10:00 A.M. on Tuesday, May 17, 2011.

The Senate resumed consideration of H. 3700, the General Appropriations Bill.

Senator DAVIS was recognized to speak on the Bill.

Objection

Senator FORD asked unanimous consent to make a motion to take up the amendments on the Desk.

Senator HUTTO objected.

Senator DAVIS resumed speaking on the Bill.

Objection

Senator FORD asked unanimous consent to make a motion to take up the amendments on the Desk proposed by Senator DAVIS one by one and then proceed to take up any other amendments on the Desk.

Senator McCONNELL objected.

Senator DAVIS was recognized to speak on the Bill.

RECESS

At 3:03 P.M., with Senator DAVIS retaining the floor, on motion of Senator MASSEY, with unanimous consent, the Senate receded from business not to exceed three minutes.

At 3:16 P.M., the Senate resumed.

Senator DAVIS resumed speaking on the Bill.

The Senate proceeded to Section 1, Part 1A and 1B, Department of Education.

On motion of Senator MALLOY, with unanimous consent, the following letter was ordered printed in the Journal:

State of South Carolina
Department of Education
1429 Senate Street
Columbia, SC 29201
May 12, 2011

The Honorable Michael L. Fair
The Honorable C. Bradley Hutto

Dear Senators Fair and Hutto:

Thank you for your service to South Carolina in the South Carolina Senate. The purpose of this letter [is] to address concerns regarding Proviso 1.100 contained in the Fiscal Year 2011-2012 Appropriation Act.

Proviso 1.100 currently states: (SDE: Common Core Initiative) No funds shall be expended in the current fiscal year by the Department of Education, the Education Oversight Committee, or the State Board of Education to participate in, implement, or promote the Common Core State Standards Initiative until the State Department of Education issues a report analyzing potential cost increases or cost savings of the Common Core State Standards Initiative. The report must be submitted to the House Ways and Means Committee and the Senate Finance Committee by January 6, 2012. Subsequent to the acceptance and approval of the financial report by the House Ways and Means Committee and the Senate Finance Committee, the State Board of Education, the Department of Education, and the Education Oversight Committee may adopt the Common Core State Standards Initiative.

As I have stated publicly since my election, working cooperatively with the General Assembly to improve public education is one of my top priorities. At the request of Sens. Fair and Hutto, I want to give my assurances that if Proviso 1.100 is included in the final Fiscal Year 2011-2012 Appropriations Act, my agency will address the following:

1. Local costs or savings as well as state costs or savings from adoption.

2. Comparison of current assessments to proposed assessments under "Core Curriculum" standards to include what changes would be required to current standards to meet proposed standards.

3. Where S.C. is in the implementation stage compared to other states.

Thank you for your efforts to clarify this proviso.

Sincerely,

/s/ Mick Zais, Ph.D.

State Superintendent of Education

cc:   The Honorable Hugh Leatherman, Sr.

The Honorable John E. Courson

The Honorable Robert W. Hayes, Jr.

The Honorable Nikki G. Setzler

* * *

Point of Order

Senator MALLOY raised a Point of Order that according to the statute, a separate vote on Part 1A and a separate vote on Part 1B would be required.

Senator HUTTO spoke on the Point of Order.

Senator LARRY MARTIN spoke on the Point of Order.

Senator MALLOY spoke on the Point of Order.

Senator SHEHEEN spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

The PRESIDENT overruled the Point of Order and stated that the roll call vote will include both Parts 1A and 1B for each section.

Objection

Senator JACKSON asked unanimous consent to make a motion to suspend the Senate Rules and follow the provisions of Section 2-7-125.

Senator LARRY MARTIN objected.

Senator MALLOY spoke on the section.

Under Rule 18, Senator MALLOY moved to divide the question to vote on Section 1, Part 1A and then proceed to take a vote on Section 1, Part 1B.

Point of Order

Senator LARRY MARTIN raised a Point of Order that the motion to divide was out of order inasmuch as Rule 16 provides that each section with its corresponding provisos must be considered individually and have a roll call vote.

Senator SHEHEEN spoke on the Point of Order.

Senator CAMPSEN spoke on the Point of Order.

Senator SETZLER spoke on the Point of Order.

Senator SHEHEEN spoke on the Point of Order.

Senator HUTTO spoke on the Point of Order.

The PRESIDENT sustained the Point of Order.

The Senate proceeded to Sect. 1, Part 1A and 1B, Department of Education.

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

Ayes 33; Nays 7

AYES

Alexander                 Anderson                  Campbell
Campsen                   Cleary                    Courson
Cromer                    Fair                      Gregory
Hayes                     Jackson                   Knotts
Land                      Leatherman                Lourie
Martin, Larry             Martin, Shane             Massey
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Rose                      Ryberg
Scott                     Setzler                   Shoopman
Thomas                    Verdin                    Williams

Total--33

NAYS

Bright                    Bryant                    Davis
Ford                      Hutto                     Malloy
Sheheen

Total--7

Section 1, Part 1A and Part 1B was adopted.

Parliamentary Inquiry

Senator SETZLER made a Parliamentary Inquiry as to when a section was adopted, no further amendments would be accepted.

The PRESIDENT stated that when a section is adopted, no further amendments would be accepted on the section.

Expression of Personal Interest

Senator SETZLER rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator SCOTT rose for an Expression of Personal Interest.

The Senate proceeded to Sect. 1A, Part 1B, Department of Education, EIA.

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

Ayes 30; Nays 11

AYES

Alexander                 Anderson                  Coleman
Courson                   Cromer                    Elliott
Fair                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Lourie
Malloy                    Martin, Larry             Massey
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Scott                     Setzler                   Sheheen
Shoopman                  Verdin                    Williams

Total--30

NAYS

Bright                    Bryant                    Campbell
Campsen                   Davis                     Ford

Martin, Shane   McConnell   Rose
Ryberg   Thomas

Total--11

Section 1A, Part 1B was adopted.

Statement by Senator SHANE MARTIN

I voted "No" on Section 1A, Part 1B because of Section 1A.20 (underperforming schools). Up to $13,000,000 are appropriated for technical assistance without accountability -- only that they must implement programs. I would like to see actual performance goals met.

I also voted "No" because this section appropriates funds for teachers to use for supplies, then gives the school board the ability to take these funds away forcing the teacher to use his/her own monies for supplies.

Point of Order

Senator HUTTO raised a Point of Order that under Rule 16, if a Section includes subparts, then those subparts should be included in the roll call vote on the Section.

The PRESIDENT sustained the Point of Order.

The Senate proceeded to Sect. 2, Part 1A and 1B, Lottery Expenditure Account.

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

Ayes 32; Nays 10

AYES

Alexander                 Anderson                  Campbell
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese

Ryberg   Scott   Setzler
Sheheen   Williams

Total--32

NAYS

Bright                    Bryant                    Campsen
Davis                     Gregory                   Martin, Shane
Rose                      Shoopman                  Thomas
Verdin

Total--10

Section 2, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 3, Part 1A and 1B, Wil Lou Gray Opportunity School.

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

Ayes 37; Nays 4

AYES

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

Total--37

NAYS

Bright                    Bryant                    Davis
Martin, Shane

Total--4

Section 3, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 4, Part 1A and 1B, School for the Deaf and Blind.

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

Ayes 36; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Courson                   Cromer
Elliott                   Fair                      Ford
Gregory                   Hayes                     Hutto
Jackson                   Knotts                    Land
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis
Massey

Total--4

Section 4, Part 1A and Part 1B was adopted.

Senator BRIGHT spoke on Section 4.

Senator MASSEY spoke on Section 4.

Statement by Senators SHANE MARTIN and ROSE

We voted "yes" to Section 4 because we support the School for the Deaf and Blind. However, Section 4.1 has a fee that we are not happy with and wish it were removed.

The Senate proceeded to Sect. 5, Part 1A and 1B, John de La Howe School.

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

Ayes 37; Nays 4

AYES

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

Total--37

NAYS

Bright                    Bryant                    Davis
Martin, Shane

Total--4

Section 5, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 6, Part 1A and 1B, Commission on Higher Education.

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

Ayes 36; Nays 5

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Land                      Leatherman                Lourie
Malloy                    Martin, Larry             Massey
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis
Martin, Shane             Rose

Total--5

Section 6, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 7, Part 1A, Higher Education Tuition Grants.

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

Ayes 35; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Verdin                    Williams

Total--35

NAYS

Bright                    Bryant                    Davis
Martin, Shane

Total--4

Section 7, Part 1A was adopted.

The Senate proceeded to Sect. 8, Part 1A, The Citadel.

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

Ayes 37; Nays 3

AYES

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

Total--37

NAYS

Bright                    Bryant                    Davis

Total--3

Section 8, Part 1A was adopted.

The Senate proceeded to Sect. 9, Part 1A and 1B, Clemson University.

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

Ayes 35; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Ryberg                    Scott                     Setzler
Sheheen                   Shoopman                  Thomas
Verdin                    Williams

Total--35

NAYS

Bright                    Bryant                    Davis
Rose

Total--4

Section 9, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 10, Part 1A, University of Charleston.

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

Ayes 36; Nays 3

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Massey                    McConnell
McGill                    Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Rose                      Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis

Total--3

Section 10, Part 1A was adopted.

The Senate proceeded to Sect. 11, Part 1A, Coastal Carolina University.

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

Ayes 36; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis
Rose

Total--4

Section 11, Part 1A was adopted.

The Senate proceeded to Sect. 12, Part 1A, Francis Marion University.

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

Ayes 37; Nays 3

AYES

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

Total--37

NAYS

Bright                    Bryant                    Davis

Total--3

Section 12, Part 1A was adopted.

The Senate proceeded to Sect. 13, Part 1A, Lander University.

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

Ayes 36; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis
Rose

Total--4

Section 13, Part 1A was adopted.

The Senate proceeded to Sect. 14, Part 1A and Part 1B, South Carolina State University.

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

Ayes 36; Nays 4

AYES

Alexander                 Campbell                  Campsen
Cleary                    Coleman                   Courson
Cromer                    Elliott                   Fair
Ford                      Gregory                   Hayes
Hutto                     Jackson                   Knotts
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
McConnell                 McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Ryberg                    Scott
Setzler                   Sheheen                   Shoopman
Thomas                    Verdin                    Williams

Total--36

NAYS

Bright                    Bryant                    Davis
Rose

Total--4

Section 14, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 15A-H, Part 1A and Part 1B, University of South Carolina.

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

Ayes 37; Nays 4

AYES

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

Total--37

NAYS

Bright                    Bryant                    Campsen
Davis

Total--4

Section 15A-H, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 16 Part 1A, Winthrop University.

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

Ayes 37; Nays 4

AYES

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

Total--37
NAYS

Bright                    Bryant                    Davis
Rose

Total--4

Section 16, Part 1A was adopted.

The Senate proceeded to Sect. 17A-B, Part 1A and Part 1B, Medical University of South Carolina.

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

Ayes 38; Nays 3

AYES

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

Total--38

NAYS

Bright                    Bryant                    Davis

Total--3

Section 17A-B, Part 1A and Part 1B was adopted.

The Senate proceeded to Sect. 18, Part 1A and Part 1B, Technical and Comprehensive Education Board.

Senator GREGORY spoke on the Bill.

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

Ayes 39; Nays 2

AYES

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

Total--39

NAYS

Bright                    Bryant

Total--2

Section 18, Part 1A and Part 1B was adopted.

At 5:21 P.M., Senator McCONNELL moved that the Senate stand adjourned.

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

Ayes 22; Nays 19

AYES

Alexander                 Coleman                   Elliott
Ford                      Hutto                     Jackson
Leatherman                Lourie                    Malloy
Martin, Larry             McConnell                 McGill
Nicholson                 O'Dell                    Rankin
Reese                     Ryberg                    Scott
Setzler                   Sheheen                   Verdin
Williams

Total--22

NAYS

Bright                    Bryant                    Campbell
Campsen                   Cleary                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Knotts                    Martin, Shane             Massey
Peeler                    Rose                      Shoopman
Thomas

Total--19

The Senate stood adjourned.

Statement by Senator McCONNELL

I moved to adjourn because I understood there was a general agreement to adjourn for the day after the previous roll call. It was 5:15 P.M. and the Senate was about to get into protracted debate on some controversial sections. We had already agreed to come in early on Tuesday to continue work on the budget which had been delayed for hours by extended debate. With 71 more roll calls, we could not get to another Bill such as tort reform today.

Statement by Senators SHOOPMAN, SHANE MARTIN GROOMS, DAVIS, MASSEY, CLEARY, THOMAS, CAMPBELL and ROSE

Regarding the adjournment vote for today, while we voted not to adjourn, after some thought, we believe the better vote would have been to adjourn. There are still nearly 100 sections to vote on in this budget and having time to review those sections once more over the next few days would be beneficial to us and the people of South Carolina. Senator McCONNELL's motion to adjourn was appropriate for one more thoughtful review of this budget.

Debate was interrupted by adjournment.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Florence County Magistrate, with the term to commence April 30, 2010, and to expire April 30, 2014

Frank White, 3118 Devon Road, Florence, SC 29505 VICE Ulysses Frieson

ADJOURNMENT

At 5:21 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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This web page was last updated on Friday, November 18, 2011 at 2:02 P.M.