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

Monday, June 25, 2012
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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:

"One generation will commend your works to another; they will tell of your mighty acts."     (Psalm 145:4)

Friends, let us unite our hearts and minds in prayer:

Holy God, we come to You seeking Your blessing today as this Senate once again gathers to carry out the business of our State. Bless each Senator and every staff member. Enable them all to feel the power of Your grace and Your care. May each person in this Chamber now consciously consider and wisely act upon matters that will benefit generations of our citizens here in South Carolina. Moreover, dear God, we ask You, as always, to bless our women and men in uniform serving around the globe. In Your loving name we pray these things, Lord.
Amen.

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

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 22, 2012, at 4:00 P.M. and the following Acts and Joint Resolutions were ratified:

(R313, S. 1088 (Word version)) -- Senators McConnell, Ford and Knotts: AN ACT TO AMEND SECTION 1-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA COMMISSION ON HUMAN AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-15-10, AS AMENDED, RELATING TO THE COMMISSION ON WOMEN, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 1-31-10, RELATING TO THE STATE COMMISSION FOR MINORITY AFFAIRS, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 6-19-30, RELATING TO THE ADVISORY COMMITTEE FOR STATE GRANTS TO PUBLIC WATER AND SEWER AUTHORITIES, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 8-13-310, RELATING TO STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-1-1050, AS AMENDED, RELATING TO THE AERONAUTICS COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR REPRESENTATION ON THE AUTHORITY FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 25-19-10, RELATING TO THE SOUTH CAROLINA PRISONER OF WAR COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE CREATION OF THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-57-40, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA REAL ESTATE COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-59-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-69-10, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE FOR THE APPOINTMENT OF ONE ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-81-50, RELATING TO THE MEMBERSHIP OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 41-43-30, AS AMENDED, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA JOBS - ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-25-10, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION FOR THE BLIND, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 43-31-40, RELATING TO THE MEMBERSHIP OF THE STATE AGENCY OF VOCATIONAL REHABILITATION, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-4-30, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR REPRESENTATION ON THE BOARD FROM THE SEVENTH CONGRESSIONAL DISTRICT, TO PROVIDE FOR THE APPOINTMENT OF THE BOARD CHAIRMAN, AND TO CLARIFY THE DATES UPON WHICH THE CURRENT MEMBERS' TERMS SHALL TERMINATE; TO AMEND SECTION 48-39-40, RELATING TO THE COASTAL ZONE MANAGEMENT APPELLATE PANEL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-39-45, RELATING TO THE COASTAL ZONE MANAGEMENT ADVISORY COUNCIL, SO AS TO INCREASE THE MEMBERSHIP FROM FOURTEEN TO FIFTEEN WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 48-59-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA CONSERVATION BANK, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO FOURTEEN, INCLUDING ONE MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT AND ONE NEW MEMBER FROM THE STATE AT LARGE; TO AMEND SECTION 51-13-1720, RELATING TO THE BOARD OF REGENTS OF THE OLD JACKSONBOROUGH HISTORIC DISTRICT, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-17-50, AS AMENDED, RELATING TO THE HERITAGE TRUST ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP WITH THE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 51-18-60, AS AMENDED, RELATING TO THE WAR BETWEEN THE STATES ADVISORY BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND ONE MEMBER APPOINTED BY THE GOVERNOR AT LARGE; TO AMEND SECTION 51-22-30, RELATING TO THE LEGACY TRUST FUND BOARD, SO AS TO INCREASE THE MEMBERSHIP FROM FIFTEEN TO SEVENTEEN WITH TWO ADDITIONAL MEMBERS APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-3-20, AS AMENDED, RELATING TO THE COMPOSITION OF THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR REPRESENTATION ON THE COMMISSION FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 58-31-20, AS AMENDED, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS, SO AS TO INCREASE THE MEMBERSHIP FROM ELEVEN TO TWELVE WITH MEMBERS APPOINTED FROM EACH CONGRESSIONAL DISTRICT, AND TO IMPOSE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 59-26-50, RELATING TO THE EDUCATOR IMPROVEMENT TASK FORCE, SO AS TO INCREASE THE MEMBERSHIP FROM TWELVE TO THIRTEEN WITH ONE ADDITIONAL MEMBER APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 59-53-610, RELATING TO THE DENMARK TECHNICAL COLLEGE AREA COMMISSION, SO AS TO PROVIDE THAT THE MEMBERS OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION FROM THE SIXTH CONGRESSIONAL DISTRICT INSTEAD OF THE THIRD CONGRESSIONAL DISTRICT IS A MEMBER OF THE COMMISSION EX OFFICIO; TO AMEND SECTION 63-11-700, RELATING TO THE BOARD OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO ELIMINATE THE AT-LARGE SEAT AND REPLACE IT WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-11-920, RELATING TO THE SOUTH CAROLINA CHILDREN'S TRUST FUND BOARD OF DIRECTORS, SO AS TO ELIMINATE ONE OF THE AT-LARGE SEATS, REPLACING IT INSTEAD WITH A MEMBER FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 63-19-610, RELATING TO THE STATE BOARD OF JUVENILE PAROLE, SO AS TO REDUCE THE BOARD'S MEMBERSHIP FROM TEN TO SEVEN MEMBERS, AND TO CLARIFY RESOURCES THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL CONTINUE TO PROVIDE TO THE BOARD; AND TO INCLUDE LEGISLATIVE FINDINGS AND PROVISIONS REGARDING CONTINUATION OF SERVICE ON CERTAIN BOARDS, COMMISSIONS, OR COMMITTEES AFFECTED BY CONGRESSIONAL REDISTRICTING.
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(R314, S. 1137 (Word version)) -- Senator Shoopman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS' VOLUNTEER ACT" WHICH PROVIDES SPECIFIED IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN VOLUNTARY ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED STATE OR NATIONAL EMERGENCY AT THE REQUEST OF THE GOVERNOR, TO PROVIDE EXCEPTIONS TO THIS IMMUNITY, AND TO PROVIDE THE CONDITIONS AND CIRCUMSTANCES UNDER WHICH THIS GRANT OF IMMUNITY IS APPLICABLE.
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(R315, S. 1229 (Word version)) -- Senators O'Dell and Ford: AN ACT TO AMEND SECTION 38-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF INSURANCE ADJUSTERS, SO AS TO PROVIDE SPECIFIC EXEMPTIONS FROM LICENSURE, TO DEFINE TERMS, AND TO PROVIDE AN ADJUSTER LICENSED UNDER THIS CHAPTER MUST REVIEW THE DENIAL OF A CLAIM CONTESTED BY AN INSURED.
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(R316, H. 3124 (Word version)) -- Reps. Pitts and G.R. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLES 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, AND 131 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "DISTINGUISHED SERVICE MEDAL" SPECIAL LICENSE PLATES, "SECOND AMENDMENT" SPECIAL LICENSE PLATES, "HISTORIC" SPECIAL MOTOR VEHICLE LICENSE PLATES, "DISTINGUISHED SERVICE CROSS" SPECIAL LICENSE PLATES, "DEPARTMENT OF NAVY" SPECIAL LICENSE PLATES, "PARENTS AND SPOUSES OF ACTIVE DUTY OVERSEAS VETERANS" SPECIAL LICENSE PLATES, "STATE FLAG" SPECIAL LICENSE PLATES, "SOUTH CAROLINA HIGHWAY PATROL-RETIRED" LICENSE PLATES, "I SUPPORT LIBRARIES" SPECIAL LICENSE PLATES, "SOUTH CAROLINA EDUCATOR" SPECIAL LICENSE PLATES, "BEACH MUSIC" SPECIAL LICENSE PLATES, "CITADEL ALUMNI ASSOCIATION 'BIG RED'" SPECIAL LICENSE PLATES, "LARGE MOUTH BASS" SPECIAL LICENSE PLATES, "HIGH SCHOOL" SPECIAL LICENSE PLATES, "SOUTH CAROLINA WILDLIFE FEDERATION" SPECIAL LICENSE PLATES, "DR. MARY MCLEOD BETHUNE" SPECIAL LICENSE PLATES, "GADSDEN FLAG" SPECIAL LICENSE PLATES, "ACTIVE DUTY MEMBERS OF THE UNITED STATES ARMED FORCES" SPECIAL LICENSE PLATES, "2010-11 BASEBALL NATIONAL CHAMPIONS" SPECIAL LICENSES PLATES, AND "COMBAT-RELATED DISABLED VETERAN" SPECIAL LICENSE PLATES; TO AMEND ARTICLE 65, CHAPTER 3, TITLE 56, RELATING TO THE ISSUANCE OF "BOY SCOUTS OF AMERICA" SPECIAL LICENSE PLATES, SO AS TO MAKE TECHNICAL CHANGES AND TO PROVIDE FOR THE ISSUANCE OF "EAGLE SCOUTS OF AMERICA" SPECIAL LICENSE PLATES; TO AMEND SECTION 56-3-2150, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES TO CERTAIN CURRENT AND FORMER ELECTED OFFICIALS AND JUDICIAL OFFICERS, SO AS TO INCREASE THE NUMBER OF SPECIAL LICENSE PLATES THAT A CORONER MAY BE ISSUED FROM ONE TO TWO; TO AMEND SECTION 56-3-1240, AS AMENDED, RELATING TO THE DISPLAY OF A LICENSE PLATE, SO AS TO PROVIDE THAT A FRAME MAY BE PLACED ON A LICENSE PLATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-3-10410, RELATING TO THE ISSUANCE OF "VETERAN" SPECIAL LICENSE PLATES, SO AS TO PROVIDE FOR THE PLACEMENT OF THE WHEELCHAIR SYMBOL ON CERTAIN "VETERAN" LICENSE PLATES; TO AMEND SECTION 56-3-3310, AS AMENDED, RELATING TO THE ISSUANCE OF "PURPLE HEART" SPECIAL LICENSE PLATES, SO AS TO INCREASE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PERSON FROM ONE TO THREE AND TO PROVIDE A FEE FOR THE THIRD LICENSE PLATE; TO AMEND SECTION 56-3-8000, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES THAT CONTAIN THE EMBLEM OF A TAX EXEMPT ORGANIZATION, SO AS TO SPECIFY THEIR SIZE, GENERAL DESIGN, AND PERIOD OF VALIDITY, TO REVISE THEIR COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALE, TO ELIMINATE THE NUMBER OF PREPAID APPLICATIONS AND REVISE THE MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, TO PROVIDE THAT THE ORGANIZATION MUST GIVE ITS LEGAL AUTHORITY TO THE DEPARTMENT FOR THE DEPARTMENT'S USE OF THE ORGANIZATION'S LOGO, TRADEMARK, OR DESIGN, TO PROVIDE THAT THE FEE THAT AN ORGANIZATION MUST PROVIDE THE DEPARTMENT BEFORE A SPECIAL LICENSE PLATE IS PRODUCED MUST BE REVIEWED BY THE GENERAL ASSEMBLY ON A PERIODIC BASIS, AND A FEE INCREASE MUST BE JUSTIFIED BY THE DEPARTMENT AND APPROVED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 56-3-8100, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL LICENSE PLATES CREATED BY THE GENERAL ASSEMBLY, SO AS TO ELIMINATE THE NUMBER OF PREPAID APPLICATIONS AND REVISE THE MINIMUM PAYMENT THAT THE DEPARTMENT OF MOTOR VEHICLES MUST RECEIVE BEFORE A SPECIAL LICENSE PLATE MAY BE ISSUED, TO REVISE THE COSTS AND DISTRIBUTION OF FEES COLLECTED FROM THEIR SALES, TO PROVIDE THAT THE FEE THAT AN ORGANIZATION MUST SUBMIT TO THE DEPARTMENT BEFORE A SPECIAL LICENSE PLATE IS PRODUCED MUST BE REVISED BY THE GENERAL ASSEMBLY ON A PERIODIC BASIS, AND TO PROVIDE THAT A FEE INCREASE MUST BE JUSTIFIED BY THE DEPARTMENT AND APPROVED BY THE GENERAL ASSEMBLY; TO AMEND SECTION 56-3-6000, AS AMENDED, RELATING TO THE ISSUANCE OF "UNITED STATES ARMED FORCES" SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE DISTINCT AND SEPARATE LICENSE PLATES FOR THE VARIOUS BRANCHES OF THE ARMED SERVICES, AND TO REVISE THE FEE AND ITS DISTRIBUTION, AND THE PRODUCTION PROCEDURES FOR THIS SPECIAL LICENSE PLATE.
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(R317, H. 3400 (Word version)) -- Rep. Weeks: AN ACT TO AMEND SECTION 63-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT IN CERTAIN MATTERS, SO AS TO PROVIDE THAT NO ARREARAGE MAY ACCRUE ON A CHILD SUPPORT OBLIGATION WHICH TERMINATES WHEN THE CHILD TURNS EIGHTEEN, GRADUATES FROM HIGH SCHOOL, OR THE LAST DAY OF THE SCHOOL YEAR WHEN THE CHILD TURNS NINETEEN AFTER THE DATE OF THE APPROPRIATE EVENT.
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(R318, H. 3710 (Word version)) -- Reps. J.E. Smith, Hayes, D.C. Moss and Sandifer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-77 SO AS TO PROVIDE A BOARD OR COMMISSION THAT REGULATES THE LICENSURE OF A PROFESSION OR OCCUPATION UNDER TITLE 40 MAY ISSUE A TEMPORARY LICENSE FOR A PROFESSION OR OCCUPATION IT REGULATES TO THE SPOUSE OF AN ACTIVE DUTY MEMBER OF THE UNITED STATES ARMED FORCES IN CERTAIN CIRCUMSTANCES, TO PROVIDE REQUIREMENTS FOR OBTAINING THIS LICENSE, TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE, AND TO PROVIDE THE LICENSE MAY NOT BE RENEWED.
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(R319, H. 3790 (Word version)) -- Rep. Sellers: AN ACT TO CREATE THE BAMBERG COUNTY WATER AND SEWER AUTHORITY; TO PROVIDE FOR ITS DUTIES, RESPONSIBILITIES, AND POWERS; AND TO PROVIDE FOR THE APPOINTMENT AND TERMS OF THE AUTHORITY'S MEMBERS.
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(R320, H. 4008 (Word version)) -- Reps. Harrison, H.B. Brown, G.R. Smith, Knight, Atwater, Branham, Viers, Bannister, Dillard, Erickson, Hamilton, Hearn, Hosey, Limehouse, D.C. Moss, Patrick, Pinson, Sandifer, G.M. Smith, J.R. Smith, Stringer, Toole, Willis, Bingham and Clemmons: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-390 SO AS TO PROVIDE THAT THERE IS NO MONETARY LIABILITY, AND NO CAUSE OF ACTION IS CREATED, BY A HOSPITAL UNDERTAKING OR PERFORMING CERTAIN ACTS IF NOT DONE WITH MALICE; BY ADDING SECTION 44-7-392 SO AS TO PROVIDE THAT CERTAIN HOSPITAL PROCEEDINGS AND DATA, DOCUMENTS, RECORDS, AND INFORMATION RESULTING FROM THESE PROCEEDINGS ARE CONFIDENTIAL AND NOT SUBJECT TO DISCOVERY OR SUBPOENA AND MAY NOT BE USED AS EVIDENCE IN A CIVIL ACTION UNLESS THE HOSPITAL HAS WAIVED CONFIDENTIALITY OR THE DATA, DOCUMENTS, RECORDS, OR INFORMATION ARE OTHERWISE AVAILABLE AND SUBJECT TO DISCOVERY; TO PROVIDE THAT THE OUTCOME OF A PRACTITIONER'S APPLICATION FOR HOSPITAL STAFF MEMBERSHIP OR CLINICAL PRIVILEGES, INCLUDING THE PRIVILEGES REQUESTED OR APPROVED, IS NOT CONFIDENTIAL, THAT THE APPLICATION AND SUPPORTING DOCUMENTS ARE CONFIDENTIAL, AND THAT THE APPLICATION MAY BE OBTAINED FROM THE PHYSICIAN OR FROM THE PRACTICE WHERE THE PHYSICIAN WORKS; TO PROVIDE THAT A PRACTITIONER SUBJECT TO A DISCIPLINARY PROCEEDING MAY RECEIVE DATA, DOCUMENTS, RECORDS, AND INFORMATION RELATING TO THE PRACTITIONER, EVEN IF OTHERWISE CONFIDENTIAL, TO PROVIDE THAT RELEASE OF SUCH DATA, DOCUMENTS, RECORDS, AND INFORMATION IS NOT A WAIVER OF CONFIDENTIALITY, AND TO PROHIBIT DISCLOSURE BY THE PRACTITIONER TO THIRD PARTIES, OTHER THAN COUNSEL; TO PROVIDE THAT DISCLOSURE OF CERTAIN INFORMATION BY A HOSPITAL THROUGH REPORTS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE JOINT COMMISSION, THE BOARD OF MEDICAL EXAMINERS, OR THE NATIONAL PRACTITIONER DATA BANK IS NOT A WAIVER OF A PRIVILEGE OR CONFIDENTIALITY; AND TO PROVIDE THAT AN AFFECTED PERSON MAY FILE AN ACTION TO ASSERT A CLAIM OF CONFIDENTIALITY AND A MOTION TO ENJOIN THE HOSPITAL FROM RELEASING DATA, DOCUMENTS, RECORDS, OR INFORMATION TO THE DEPARTMENT, THE BOARD OF MEDICAL EXAMINERS, THE NATIONAL PRACTITIONER DATA BANK, OR THE JOINT COMMISSION THAT ARE NOT REQUIRED BY LAW TO BE RELEASED AND TO PROVIDE PROCEDURES TO FURTHER ADDRESS SUCH CLAIMS, INCLUDING AN AWARD OF ATTORNEYS FEES WHEN SUCH A CLAIM IS UNREASONABLY ASSERTED; BY ADDING SECTION 44-7-394 SO AS TO PROVIDE PROCEDURES WHEN A CLAIM OF CONFIDENTIALITY IS ASSERTED IN A JUDICIAL PROCEEDING, INCLUDING AN AWARD OF ATTORNEYS FEES WHEN SUCH A CLAIM IS UNREASONABLY ASSERTED; AND TO PROVIDE RESTRICTIONS ON AND PROCEDURES FOR OFFERING TESTIMONY IN A MEDICAL OR HOSPITAL MALPRACTICE CASE BY A PERSON WHO WAS A WITNESS TO THE CARE THAT IS THE SUBJECT OF THE MALPRACTICE CASE; AND TO AMEND SECTION 40-71-10, RELATING TO IMMUNITY FROM LIABILITY FOR MEMBERS OF CERTAIN PROFESSIONAL SOCIETY STANDARDS COMMITTEES, HOSPITAL MEDICAL STAFF COMMITTEES, AND COMMITTEES APPOINTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REVIEW PATIENT RECORDS, SO AS TO EXCLUDE FROM IMMUNITY MEMBERS OF A HOSPITAL MEDICAL STAFF COMMITTEE AND TO INCLUDE IMMUNITY FOR MEMBERS OF COMMITTEES APPOINTED BY THE DEPARTMENT OF MENTAL HEALTH TO STUDY PATIENT RECORDS.
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(R321, H. 4550 (Word version)) -- Reps. Rutherford, Bales, Ballentine, Brady, Butler Garrick, Harrison, Hart, Howard, McEachern, J.H. Neal and J.E. Smith: AN ACT TO ABOLISH THE RICHLAND COUNTY BOARD OF ASSESSMENT CONTROL AND DEVOLVE ALL OF ITS DUTIES, POWERS, AND FUNCTIONS UPON THE RICHLAND COUNTY COUNCIL AND TO REPEAL SECTION 1 OF ACT 952 OF 1958.
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(R322, H. 4801 (Word version)) -- Reps. Sandifer, Gambrell, Bowen, Whitmire, Agnew, Thayer, Putnam and White: AN ACT TO AMEND SECTION 6-13-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PIONEER RURAL WATER DISTRICT OF OCONEE AND ANDERSON COUNTIES, SO AS TO FURTHER PROVIDE FOR THE QUALIFICATIONS, TERMS, AND MANNER OF SELECTION OF MEMBERS OF THE GOVERNING BOARD OF THE DISTRICT; TO AMEND SECTION 6-13-240, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DISTRICT ACTING THROUGH ITS GOVERNING BOARD, SO AS TO PROVIDE THAT BEFORE THE DISTRICT MAKES AN INVESTMENT IN A FACILITY OR TAKES ANY OTHER ACTION THAT WOULD OBLIGATE THE DISTRICT FOR ONE MILLION DOLLARS OR MORE, IT MUST PROVIDE FOR AN INDEPENDENT AUDIT, TO PROVIDE FOR HOW THE AUDIT MUST BE CONDUCTED AND FOR A MEETING OF THE DISTRICT'S CUSTOMERS ABOUT THE AUDIT'S FINDINGS, AND FOR SUBMISSION OF THE AUDIT TO THE OFFICE OF REGULATORY STAFF FOR COMMENT; AND TO AMEND SECTION 6-13-250, RELATING TO THE NONREGULATION OF RATES OF THE DISTRICT, SO AS TO PROVIDE THAT THE BOARD MUST PROVIDE TO THE OFFICE OF REGULATORY STAFF BY JULY FIRST EACH YEAR SCHEDULES SHOWING ALL RATES, SERVICE RULES AND REGULATIONS, AND FORMS OF SERVICE CONTRACT ESTABLISHED BY THE BOARD.
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(R323, H. 4967 (Word version)) -- Ways and Means Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1815 AND 9-1-1085 SO AS TO PROVIDE FOR ANNUAL INCREASES IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA RETIREMENT SYSTEM (SCRS) AND TO PHASE IN INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO SCRS AND PROVIDE FOR FURTHER CONTRIBUTION ADJUSTMENTS AFTER THE PHASE-IN PERIOD; TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF SCRS, SO AS TO ADD CLASS THREE EMPLOYEES AS DEFINED AS INDIVIDUALS WITH AN EFFECTIVE DATE OF SYSTEM MEMBERSHIP AFTER JUNE 30, 2012, TO ADD DEFINITIONS APPLICABLE FOR THE ELIGIBILITY AND CALCULATION OF RETIREMENT BENEFITS FOR CLASS THREE MEMBERS, TO FURTHER DEFINE "EARNABLE COMPENSATION" WITH RESPECT TO OVERTIME PAY, AND TO REVISE THE REFERENCE TO THE GOVERNANCE OF SCRS; TO AMEND SECTIONS 9-1-1020, AS AMENDED, 9-1-1050, AND 9-1-1080, RELATING TO SCRS EMPLOYEE AND EMPLOYER CONTRIBUTIONS, SO AS TO CONFORM TO THE REVISED CONTRIBUTIONS SCHEDULE; TO AMEND SECTION 9-1-1140, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT TO SCRS, SO AS TO PROVIDE THAT PAYMENTS FOR SERVICE CREDIT MUST BE ACTUARIALLY NEUTRAL BASED ON THE MEMBER'S CURRENT AGE AND SERVICE CREDIT SUBJECT TO A STATUTORY MINIMUM PAYMENT AND PROVIDE THAT ADDITIONAL SERVICE CREDIT AT RETIREMENT BASED ON UNUSED ACCUMULATED SICK LEAVE APPLIES ONLY TO CLASS ONE AND CLASS TWO SCRS MEMBERS; TO AMEND SECTION 9-1-1510, AS AMENDED, RELATING TO ELIGIBILITY FOR RETIREMENT UNDER SCRS, SO AS TO PROVIDE THE RETIREMENT ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS; TO AMEND SECTION 9-1-1515, AS AMENDED, RELATING TO SCRS EARLY RETIREMENT, SO AS TO LIMIT ELIGIBILITY TO CLASS ONE AND CLASS TWO SCRS MEMBERS; TO AMEND SECTIONS 9-1-1540, AS AMENDED, 9-1-1560, AS AMENDED, AND 9-1-1570, RELATING TO DISABILITY RETIREMENT UNDER SCRS, SO AS TO CONFORM ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS, PROVIDE THAT ELIGIBILITY DETERMINATION FOR DISABILITY RETIREMENT APPLICATIONS RECEIVED AFTER DECEMBER 31, 2013, MUST BE BASED ON THE MEMBER QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS, PROVIDE FOR THE CALCULATION OF DISABILITY BENEFITS, AND CONFORM THE REVIEW FOR SOUTH CAROLINA RETIREMENT SYSTEM MEMBERS ON DISABILITY RETIREMENT OF THEIR DISABLED STATUS TO THE NEW ELIGIBILITY REQUIREMENTS; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO THE CALCULATION OF THE SCRS RETIREMENT BENEFIT, SO AS TO PROVIDE THE CALCULATION FOR CLASS THREE MEMBERS; TO AMEND SECTIONS 9-1-1650 AND 9-1-1660, BOTH AS AMENDED, RELATING TO RETURN OF CONTRIBUTIONS AND ELIGIBILITY FOR AN ANNUITY ON TERMINATION BEFORE RETIREMENT, SO AS TO CONFIRM THOSE PROVISIONS FOR CLASS THREE MEMBERS AND TO PROVIDE THAT THE PERSON NAMED BY AN SCRS MEMBER TO RECEIVE A RETURN OF THE MEMBER'S CONTRIBUTIONS ON THE MEMBER'S DEATH MAY ELECT TO RECEIVE AN ANNUITY IF THE DECEASED MEMBER WAS ELIGIBLE TO RETIRE AT THE TIME OF DEATH WHETHER OR NOT THE MEMBER WAS IN SERVICE; TO AMEND SECTION 9-1-1790, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT BY A RETIRED SCRS MEMBER, SO AS TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE BREAK IN SERVICE REQUIRED FOR SUCH A RETURN TO SERVICE WITHOUT A SUSPENSION OF RETIREMENT BENEFITS, TO PROVIDE THAT AFTER EARNING TEN THOUSAND DOLLARS IN A CALENDAR YEAR FROM A COVERED EMPLOYER, THE RETIREMENT ALLOWANCE OF THE SCRS MEMBER IS SUSPENDED FOR THE REMAINDER OF THE CALENDAR YEAR AND TO PROVIDE THOSE MEMBERS EXEMPT FROM THIS LIMIT; TO AMEND SECTION 9-1-2210, AS AMENDED, RELATING TO THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM (TERI), SO AS TO END TERI PARTICIPATION AFTER JUNE 30, 2018; TO REPEAL SECTIONS 9-1-1810 AND 9-1-2210 RELATING RESPECTIVELY TO ANNUAL ADJUSTMENTS IN SCRS RETIREMENT ALLOWANCES BASED ON INCREASES IN THE CONSUMER PRICE INDEX AND TO THE PROSPECTIVE REPEAL AFTER JUNE 30, 2018, OF TERI; BY ADDING SECTION 9-9-5 SO AS TO CLOSE THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA (SCGARS) TO MEMBERS OF THE GENERAL ASSEMBLY FIRST ELECTED AT OR AFTER THE 2012 GENERAL ELECTION AND TO PROVIDE THAT THESE PERSONS INSTEAD OF ENROLLING IN SCGARS INSTEAD SHALL JOIN SCRS OR THE STATE OPTIONAL RETIREMENT PROGRAM; TO AMEND SECTION 9-9-120, RELATING TO TRANSFER SERVICE AND MEMBER CONTRIBUTIONS FOR SCGARS, SO AS TO INCREASE THE MEMBER CONTRIBUTIONS FROM TEN TO ELEVEN PERCENT OF EARNABLE COMPENSATION; BY ADDING SECTIONS 9-11-312 AND 9-11-225 SO AS TO PROVIDE FOR ANNUAL INCREASES IN RETIREMENT ALLOWANCES PAID BY THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM (SCPORS) AND TO PHASE IN INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS AND PROVIDE FOR FURTHER CONTRIBUTION ADJUSTMENTS AFTER THE PHASE-IN PERIOD; TO AMEND SECTION 9-11-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF SCPORS, SO AS TO ADD CLASS THREE EMPLOYEES DEFINED AS INDIVIDUALS WITH AN EFFECTIVE DATE OF SYSTEM MEMBERSHIP AFTER JUNE 30, 2012, TO ADD DEFINITIONS APPLICABLE FOR THE ELIGIBILITY AND CALCULATION OF BENEFITS FOR CLASS THREE MEMBERS AND TO REVISE THE REFERENCE TO THE GOVERNANCE OF SCPORS; TO AMEND SECTION 9-11-50, AS AMENDED, RELATING TO ESTABLISHING SERVICE CREDIT IN SCPORS, SO AS TO PROVIDE THAT PAYMENTS FOR SERVICE CREDIT MUST BE ACTUARIALLY NEUTRAL BASED ON THE MEMBER'S CURRENT AGE AND SERVICE CREDIT SUBJECT TO A STATUTORY MINIMUM PAYMENT AND PROVIDE THAT ADDITIONAL SERVICE CREDIT AT RETIREMENT BASED ON ACCRUED UNUSED SICK LEAVE APPLIES ONLY TO CLASS ONE AND CLASS TWO SCPORS MEMBERS; TO AMEND SECTION 9-11-60, AS AMENDED, RELATING TO ELIGIBILITY FOR RETIREMENT FOR SCPORS MEMBERS, SO AS TO CONFORM THESE REQUIREMENTS FOR CLASS THREE MEMBERS; TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO THE SCPORS PRE-RETIREMENT AND POST-RETIREMENT DEATH BENEFIT, SO AS TO CONFORM POST-RETIREMENT DEATH BENEFIT TO CLASS THREE REQUIREMENTS; TO AMEND SECTION 9-11-80, AS AMENDED, RELATING TO DISABILITY RETIREMENT UNDER THE SCPORS, SO AS TO CONFORM ELIGIBILITY REQUIREMENTS FOR CLASS THREE MEMBERS, PROVIDE THAT ELIGIBILITY DETERMINATION FOR DISABILITY RETIREMENT APPLICATIONS RECEIVED AFTER DECEMBER 31, 2013, MUST BE BASED ON THE MEMBER QUALIFYING FOR SOCIAL SECURITY DISABILITY BENEFITS, PROVIDE FOR THE CALCULATION OF DISABILITY BENEFITS, AND CONFORM THE REVIEW FOR SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MEMBERS ON DISABILITY RETIREMENT OF THEIR DISABLED STATUS, SO AS TO CONFORM THIS REVIEW TO THE NEW ELIGIBILITY REQUIREMENTS; TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURN TO COVERED EMPLOYMENT OF A RETIRED SCPORS MEMBER, SO AS TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE BREAK IN SERVICE REQUIRED FOR SUCH A BREAK IN SERVICE WITHOUT A SUSPENSION OF RETIREMENT BENEFITS, TO PROVIDE THAT AFTER EARNING TEN THOUSAND DOLLARS IN A CALENDAR YEAR FROM A COVERED EMPLOYER, THE RETIREMENT ALLOWANCE OF THE SCPORS MEMBER IS SUSPENDED FOR THE REMAINDER OF THE CALENDAR YEAR AND TO PROVIDE THOSE MEMBERS ARE EXEMPT FROM THIS LIMIT; TO AMEND SECTION 9-11-130, AS AMENDED, RELATING TO RETURN OF CONTRIBUTIONS AND ELIGIBILITY FOR AN ANNUITY ON TERMINATION BEFORE RETIREMENT, SO AS TO CONFORM THESE PROVISIONS FOR CLASS THREE MEMBERS AND TO PROVIDE THAT THE PERSON NAMED BY A SCPORS MEMBER TO RECEIVE A RETURN OF THE MEMBER'S CONTRIBUTIONS ON THE MEMBER'S DEATH MAY ELECT TO RECEIVE AN ANNUITY IF THE DECEASED MEMBER WAS ELIGIBLE TO RETIRE AT THE TIME OF DEATH WHETHER OR NOT THE MEMBER WAS IN SERVICE; TO AMEND SECTIONS 9-11-210 AND 9-11-220, BOTH AS AMENDED, RELATING TO CONTRIBUTIONS OF SCPORS MEMBERS, SO AS TO CONFORM TO THE REVISED CONTRIBUTION SCHEDULE; TO REPEAL SECTIONS 9-11-70, 9-11-75, AND 9-11-310 RELATING RESPECTIVELY TO EARLY RETIREMENT, CONTRIBUTIONS, AND ANNUAL ADJUSTMENT IN SCPORS RETIREMENT ALLOWANCES BASED ON INCREASES IN THE CONSUMER PRICE INDEX; TO REPEAL SECTION 9-16-310 RELATING TO THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL; TO AMEND CHAPTER 4, TITLE 9, RELATING TO RETIREMENT LAW, SO AS TO ESTABLISH THE SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY (PEBA), PROVIDE FOR ITS MEMBERSHIP AND THEIR COMPENSATION, DEVOLVE FROM THE STATE BUDGET AND CONTROL BOARD TO PEBA THE ADMINISTRATION OF THE EMPLOYEE INSURANCE PROGRAM (EIP), ADMINISTRATION OF THE RETIREMENT DIVISION, COTRUSTEESHIP OF THE STATE RETIREMENT SYSTEM, AND THE DUTIES OF THE SOUTH CAROLINA DEFERRED COMPENSATION COMMISSION (SCDCC), TO PROVIDE THOSE ACTIONS OF PEBA REQUIRING APPROVAL BY THE STATE BUDGET AND CONTROL BOARD OR ITS SUCCESSOR, TO REQUIRE PEBA TO MAINTAIN A PUBLIC TRANSACTION REGISTER, AND TO REQUIRE AN ANNUAL FIDUCIARY AUDIT OF PEBA; TO AMEND SECTIONS 1-11-703, AS AMENDED, 1-11-710, AS AMENDED, 1-11-720, AS AMENDED, 1-11-725, 1-11-730, AS AMENDED, 1-11-740, 1-11-750, 1-11-770, 8-23-20, AS AMENDED, 8-23-30, AS AMENDED, 8-23-70, 8-23-110, 9-1-20, 9-1-210, 9-1-310, AS AMENDED, 9-1-1515, AS AMENDED, 9-1-1830, 9-2-10, CHAPTER 2 OF TITLE 9, SECTIONS 9-8-10, AS AMENDED, 9-8-30, 9-8-60, AS AMENDED, 9-9-10, AS AMENDED, 9-9-30, 9-10-10, 9-10-60, AS AMENDED, 9-11-30, AS AMENDED, 9-12-10, 9-16-10 AND 9-16-55, BOTH AS AMENDED, 9-18-10, 9-20-30, AS AMENDED, 9-21-20, AS AMENDED, 59-1-470, RELATING TO VARIOUS ELEMENTS OF THE EMPLOYEE INSURANCE PROGRAM, STATE RETIREMENT SYSTEM, AND THE SOUTH CAROLINA DEFERRED COMPENSATION COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO PEBA GOVERNANCE; TO AMEND SECTION 9-1-1310, AS AMENDED, RELATING TO THE TRUSTEE OF THE RETIREMENT SYSTEM AND INVESTMENTS ALLOWED FOR THE ASSETS OF THE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT PEBA AND THE STATE BUDGET AND CONTROL BOARD, OR ITS SUCCESSOR, ARE COTRUSTEES OF THE RETIREMENT SYSTEM; TO AMEND SECTION 9-16-315, RELATING TO THE RETIREMENT SYSTEM INVESTMENT COMMISSION, SO AS TO ADD A NONVOTING EX OFFICIO MEMBER, REVISE THE QUALIFICATIONS FOR APPOINTMENT, AND PROVIDE AN ANNUAL SALARY FOR MEMBERS; BY ADDING SECTION 9-16-380 SO AS TO PROVIDE FOR AN ANNUAL FIDUCIARY AUDIT OF THE RETIREMENT SYSTEM INVESTMENT COMMISSION; BY ADDING SECTION 9-16-335 SO AS TO PROVIDE THAT THE ANNUAL ASSUMED RATE OF RETURN ON RETIREMENT SYSTEM INVESTMENTS MUST BE SET BY THE GENERAL ASSEMBLY BY LAW AND TO PROVIDE THAT THE ASSUMED RATE OF RETURN EFFECTIVE JULY 1, 2012, IS SEVEN AND ONE-HALF PERCENT; TO AMEND SECTIONS 9-1-1135, 9-8-185, 9-9-175, AND 9-11-265, RELATING TO MEMBERS ACCOUNTS IN THE VARIOUS CONTRIBUTORY STATE RETIREMENT SYSTEMS, SO AS TO PROVIDE THAT INTEREST IS NOT PAID ON INACTIVE ACCOUNTS AND TO DEFINE "INACTIVE ACCOUNTS"; TO AMEND SECTION 22-1-15, RELATING TO QUALIFICATIONS FOR MAGISTRATES, SO AS TO PROVIDE AN EXEMPTION FOR CERTAIN MAGISTRATES WHO RETIRE AND ARE SUBSEQUENTLY REAPPOINTED TO THEIR OFFICE WITHIN ONE YEAR, TO PROVIDE FOR STUDIES OF LEGISLATIVE AND STATEWIDE CONSTITUTIONAL OFFICERS COMPENSATION, "SPIKING" IN THE CALCULATION OF AVERAGE FINAL COMPENSATION IN SCRS AND SCPORS, AND DISABILITY RETIREMENT ELIGIBILITY, TO PROVIDE THE AGENCIES CHARGED WITH CONDUCTING THE STUDIES AND TO PROVIDE FOR THE COMPLETION DATE OF THESE STUDIES.
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Statement by the PRESIDENT Pro Tempore

Senator FAIR received a unanimous consent request for a Leave of Absence for Wednesday, Thursday and Friday, June 27-29, to attend a NCSL Education meeting to represent our Senate Education Committee and our State Senate. Senator FAIR accepted my invitation to represent us several weeks ago when this extended session was not foreseen.

Leave of Absence

At 2:08 P.M., Senator FAIR requested a leave of absence from Wednesday, June 27, 2012, until Friday, June 29, 2012.

Leave of Absence

At 2:08 P.M., Senator ROSE requested a leave of absence from Monday, June 25, 2012, until Wednesday, June 27, 2012.

Leave of Absence

On motion of Senator DAVIS, at 3:30 P.M., Senator SHOOPMAN was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator HAYES, at 3:35 P.M., Senators THOMAS was granted a leave of absence for today.

Motion Adopted

On motion of Senator SETZLER, with unanimous consent, Senators LEATHERMAN, LAND and VERDIN were granted leave to attend a meeting of the Committee of Conference on H. 4813 and were granted leave to be counted in the quorum.

Point of Quorum

At 2:08 P.M., Senator SETZLER made the point that a quorum was not present. It was ascertained that a quorum was present.

The Senate resumed.

RECESS

At 2:09 P.M., on motion of Senator COURSON, the Senate receded from business until 2:45 P.M.

At 3:25 P.M., the Senate resumed.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1616 (Word version) -- Senator Verdin: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE LAURENS ACADEMY VARSITY BASEBALL TEAM FOR ITS OUTSTANDING SEASON AND FOR WINNING ITS SIXTH CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOL CLASS A STATE CHAMPIONSHIP.
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The Senate Resolution was adopted.

S. 1617 (Word version) -- Senator Hutto: A SENATE RESOLUTION TO RECOGNIZE AND HONOR ANNE PLATTS RICE, EXECUTIVE DIRECTOR OF THE SALKEHATCHIE LEADERSHIP INSTITUTE, UPON THE OCCASION OF HER RETIREMENT AFTER FOURTEEN YEARS OF OUTSTANDING SERVICE, AND TO WISH HER CONTINUED SUCCESS AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1618 (Word version) -- Senators Matthews and Hutto: A SENATE RESOLUTION TO RECOGNIZE AND HONOR RUTH VANFAUSSIEN, EXECUTIVE ASSISTANT TO THE ORANGEBURG COUNTY ADMINISTRATOR, UPON THE OCCASION OF HER RETIREMENT, AND TO WISH HER CONTINUED SUCCESS AND FULFILLMENT IN ALL HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

Expression of Personal Interest

Senator LARRY MARTIN rose for an Expression of Personal Interest.

STATUS REPORT FROM THE CHAIRMAN OF THE
SENATE FINANCE COMMITTEE

H. 4813--GENERAL APPROPRIATIONS BILL

H. 4814--CAPITAL RESERVE FUND BILL

Senator LEATHERMAN was recognized to report to the Senate on the status of the Committees of Conference on H. 4813 and H. 4814.

READ THE SECOND TIME

H. 5418 (Word version) -- Reps. White, Harrell, Lucas, Bingham, Herbkersman, Limehouse, Merrill, Pitts, Simrill, G.M. Smith, G.R. Smith, Clyburn and Ott: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 2012-2013 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THAT YEAR IN EFFECT.

Senator LEATHERMAN spoke on the Joint Resolution.

Senator LEATHERMAN asked unanimous consent to make a motion that the Joint Resolution be given a second reading, carrying over all amendments to third reading and waiving the three-fifths provision in Rule 26B.

RECESS

At 3:58 P.M., on motion of Senator FORD, the Senate receded from business not to exceed five minutes.

At 4:13 P.M., the Senate resumed.

On motion of Senator LEATHERMAN, with unanimous consent, the motion was withdrawn.

Senator LEATHERMAN asked unanimous consent to make a motion that the Joint Resolution be given a second reading with a roll call vote and waiving the three-fifths provision contained in Rule 26B on amendments sponsored by the Conference Committee on H. 4813.

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

Ayes 35; Nays 2

AYES

Alexander                 Anderson                  Campbell
Campsen                   Courson                   Cromer
Davis                     Elliott                   Fair
Ford                      Gregory                   Grooms
Hayes                     Hutto                     Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Scott                     Setzler
Verdin                    Williams

Total--35

NAYS

Bright                    Bryant

Total--2

The Joint Resolution was read the second time, passed and ordered to a third reading and waiving the three-fifths provision contained in Rule 26B on amendments sponsored by the Conference Committee on H. 4813.

Point of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

Session Scheduled

Under the provisions of H. 5377, the Sine Die Resolution, Senator COURSON informed the Senate that, when the Senate adjourned today, it would stand adjourned until 12:00 Noon tomorrow.

OBJECTION

H. 5410 (Word version) -- Rep. Harrell: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF THIS STATE, 1895, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2012, NOT LATER THAN 5:00 P.M., OR ANYTIME EARLIER, EACH HOUSE SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 12:00 NOON ON TUESDAY, JUNE 19, 2012, AND CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL NOT LATER THAN 5:00 P.M. ON THURSDAY, JUNE 21, 2012, FOR THE CONSIDERATION OF CERTAIN SPECIFIED MATTERS, AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN NOT LATER THAN MONDAY, NOVEMBER 12, 2012, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration, proceed to a consideration of Amendment No. 10 and withdraw all remaining amendments.

Senator BRIGHT objected.

Senator COURSON moved that the Senate stand adjourned.

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

Ayes 21; Nays 14

AYES

Alexander                 Anderson                  Campbell
Courson                   Elliott                   Jackson
Knotts                    Land                      Leatherman
Leventis                  Lourie                    Malloy
Matthews                  McGill                    Nicholson
O'Dell                    Rankin                    Reese
Scott                     Setzler                   Williams

Total--21

NAYS

Bright                    Bryant                    Campsen
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Martin, Larry             Martin, Shane             Massey
Peeler                    Verdin

Total--14

MOTION ADOPTED

On motion of Senators LARRY MARTIN, ALEXANDER, ANDERSON, BRIGHT, BRYANT, CAMPBELL, CAMPSEN, CLEARY, COLEMAN, COURSON, CROMER, DAVIS, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, SHANE MARTIN, MASSEY, MATTHEWS, McGILL, NICHOLSON, O'DELL, PEELER, PINCKNEY, RANKIN, REESE, ROSE, RYBERG, SCOTT, SETZLER, SHEHEEN, SHOOPMAN, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Sgt. 1st Class Brad Thomas of Easley, S.C., who lost his life on June 20, 2012, in Afghanistan while in the service of his country. Sgt. Thomas was the beloved husband of Jana Hickey Thomas, doting father of Kayden Grant Thomas, 3, and beloved son of Mr. and Mrs. Charles "Bud" Thomas. He paid the ultimate price for the freedom of this country.

and

MOTION ADOPTED

On motion of Senators KNOTTS, SETZLER, CROMER, COURSON, ALEXANDER, ANDERSON, BRIGHT, BRYANT, CAMPBELL, CAMPSEN, CLEARY, COLEMAN, DAVIS, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAYES, HUTTO, JACKSON, LAND, LEATHERMAN, LEVENTIS, LOURIE, MALLOY, LARRY MARTIN, SHANE MARTIN, MASSEY, MATTHEWS, McGILL, NICHOLSON, O'DELL, PEELER, PINCKNEY, RANKIN, REESE, ROSE, RYBERG, SCOTT, SHEHEEN, SHOOPMAN, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ryan Rawl of Lexington, S.C., who lost his life in Afghanistan on June 20, 2012, while in the service of his country. Mr. Rawl, 30, was a beloved husband and father of two children. A graduate of The Citadel, he had been with the Richland County Sheriff's Office since 2005 and was a resource officer at Crayton Middle School in Richland School District One.

and

MOTION ADOPTED

On motion of Senators LOURIE, COURSON, JACKSON, SCOTT, ALEXANDER, ANDERSON, BRIGHT, BRYANT, CAMPBELL, CAMPSEN, CLEARY, COLEMAN, CROMER, DAVIS, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAYES, HUTTO, KNOTTS, LAND, LEATHERMAN, LEVENTIS, MALLOY, LARRY MARTIN, SHANE MARTIN, MASSEY, MATTHEWS, McGILL, NICHOLSON, O'DELL, PEELER, PINCKNEY, RANKIN, REESE, ROSE, RYBERG, SETZLER, SHEHEEN, SHOOPMAN, THOMAS, VERDIN and WILLIAMS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Spc. John David Meador II, 36, of Columbia, S.C., who lost his life on June 20, 2012, in Afghanistan while in the service of his country. Mr. Meador was a 1994 graduate of Lexington High School. Mr. Meador was a beloved husband and devoted father of two.

and

MOTION ADOPTED

On motion of Senator SHANE MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Milton "Mel" Yarborough of Pauline, S.C. Mr. Yarborough was retired from WSPA-TV after 37 years of service. He was a member of Philadelphia Baptist Church, served as deacon, Sunday School teacher and congregational song director. A volunteer and former chief of the Glenn Springs Pauline Fire Department, he was also a U.S. Air Force veteran with two years service in Guam and also Puerto Rico. He graduated from Woodruff High School and attended Spartanburg Junior College. Surviving are his beloved wife of 49 years, Charlene Pettit Yarborough; sister, Foye Y. Fowler of Greer; special sister-in-law, Irene P. Casey of Pauline; and a number of nieces and nephews. Mr. Yarborough was a dear friend of Senator Shane Martin.

ADJOURNMENT

At 4:35 P.M., on motion of Senator COURSON, the Senate adjourned under the provisions of H. 5377, the Sine Die Resolution, to meet tomorrow at 12:00 Noon.

This web page was last updated on Wednesday, December 19, 2012 at 2:53 P.M.