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


Printed Page 245 . . . . . Tuesday, January 17, 2012

Tuesday, January 17, 2012
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

From the prophet Joel we read:

"You shall know that I am in the midst of Israel, and that I, the Lord, am Your   God and there is no other. And my people shall never again be put to shame."     (Joel 2:27)

Join me as we bow in prayer:

Glorious Lord, we gather here today as Your servants, as those who seek to honor You, as women and men who serve the people of this State in the loving spirit of the late Martin Luther King, Jr. May these caring Senators and their staff members always strive to do what they can for the benefit of each woman and man and child here in South Carolina. And through all that this august body does this year, O God, help each member of this Senate keep the dream alive -- for every one. In Your loving name we pray, dear Lord.
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 Public Safety, with the term to commence February 1, 2008, and to expire February 1, 2012
Leroy Smith, 1308 Ashland Drive, Columbia, SC 29229

Referred to the Committee on Judiciary.


Printed Page 246 . . . . . Tuesday, January 17, 2012

Reappointment, Director of Department of Public Safety, with the term to commence February 1, 2012, and to expire February 1, 2016
Leroy Smith, 1308 Ashland Drive, Columbia, SC 29229

Referred to the Committee on Judiciary.

Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2011, and to expire July 1, 2014
3rd Congressional District:
Mary Lou Hill, 301 Colonel Johnson Road, Easley, SC 29642

Referred to the Committee on Medical Affairs.

Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2011, and to expire July 1, 2014
6th Congressional District:
Ernest Guy Shealy III, 2193 Liberty Drive, Florence, SC 29501

Referred to the Committee on Medical Affairs.

Initial Appointment, Medical Diciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2011, and to expire July 1, 2014
4th Congressional District:
Martha H. Wright, 4171 Ridge Road, Greer, SC 29651

Referred to the Committee on Medical Affairs.

Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2012, and to expire May 31, 2015
Appraiser:
Michael B. Dodds, 433 Press Lindler Road, Columbia, SC 29212

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 247 . . . . . Tuesday, January 17, 2012

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2009, and to expire May 31, 2012
Appraiser:
Michael B. Dodds, 433 Press Lindler Road, Columbia, SC 29212

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2011, and to expire May 31, 2014
Appraiser:

Christopher D. Donato, 944 Scotland Dr., Mt. Pleasant, SC 29464 VICE Carlton Segars, Jr.

Referred to the Committee on Labor, Commerce and Industry.

Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2010, and to expire May 31, 2013
Broker:
Annie R. King, 3901 S. Breck Ridge Circle, Florence, SC 29505

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2010, and to expire May 31, 2013
Appraiser:

George E. Knight, Jr., 4013 Kenilworth Road, Columbia, SC 29205 VICE Terrence O'Brien

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2011, and to expire March 20, 2015
Esthetician:

Janice Curtis, 1500 Brentwood Way, Simpsonville, SC 29680 VICE Roseanne Kinley

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 248 . . . . . Tuesday, January 17, 2012

Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence September 1, 2010, and to expire September 1, 2014
Public:

Stephan A. Nye, 2452 Hollingshed Road, Irmo, SC 29063 VICE Delores Gilmer

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 20, 2011, and to expire March 20, 2015
Cosmetologist:
Cynthia T. Rodgers, 2731 Avalon Lane, Lancaster, SC 29720

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2010, and to expire June 1, 2014
Audiologist:

Kelly A. Payne, 116 South Shields Road, Columbia, SC 29223 VICE Alan Smith

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2010, and to expire June 1, 2014
Pathologist:

Tanya T. Wilson, 521 Woodlock Lane, Columbia, SC 29229 VICE Sarah Hamrick

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence June 30, 2011, and to expire June 30, 2015
South Carolina Bankers Association:

Jim B. Apple, 1109 Enclave Way, Columbia, SC 29223 VICE H. Blake Gibbons, Jr.

Referred to the Committee on Banking and Insurance.


Printed Page 249 . . . . . Tuesday, January 17, 2012

Initial Appointment, South Carolina State Board of Financial Institutions, with the term to commence July 1, 2010, and to expire July 1, 2014
South Carolina Bankers Association:

Fleetwood S. Hassell, 30 New Street, Charleston, SC 29401 VICE Barry Slider

Referred to the Committee on Banking and Insurance.

Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2011, and to expire December 31, 2015
1st Congressional District:

Tara M. Hulsey, 424 Rice Hope Road, Mt. Pleasant, SC 29464 VICE Sylvia Whiting

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2007, and to expire December 31, 2011
6th Congressional District:

Lisa Cox Irvin, 182 Mary Ellen Drive, Charleston, SC 29403 VICE Carrie Houser James

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2008, and to expire December 31, 2012
5th Congressional District:

Samuel H. McNutt, Jr., 5509 Hwy. 321 South, Winnsboro, SC 29180 VICE Brenda Martin

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2009, and to expire December 31, 2013
4th Congressional District:
Carol Ann Moody, 102 Shinleaf Dr., Greenville, SC 29615

Referred to the Committee on Medical Affairs.


Printed Page 250 . . . . . Tuesday, January 17, 2012

Initial Appointment, South Carolina State Board of Nursing, with the term to commence December 31, 2011, and to expire December 31, 2015
3rd Congressional District:

Heather D. Yeh, 217 Colleton Ave. SE, Aiken, SC 29801 VICE C. Lynn Lewis

Referred to the Committee on Medical Affairs.

Initial Appointment, South Carolina State Board of Veterinary Medical Examiners, with the term to commence April 6, 2010, and to expire April 6, 2016
6th Congressional District:

Rebecca Morrison Hughes, 5132 Jefferies Hwy., Walterboro, SC 29488 VICE James M. Harris

Referred to the Committee on Agriculture and Natural Resources.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2009, and to expire August 15, 2013
At-Large:

Charles E. Gardner, 127 Haviland Ave., Greenville, SC 29607 VICE Clente Flemming

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2010, and to expire August 15, 2014
At-Large:

Ernest Magaro, Jr., 329 Tram Road, Columbia, SC 29210 VICE Felicia Morant

Referred to the Committee on Labor, Commerce and Industry.


Printed Page 251 . . . . . Tuesday, January 17, 2012

Initial Appointment, South Carolina State Housing, Finance and Development Authority, with the term to commence August 15, 2008, and to expire August 15, 2012
At-Large:
Kenneth E. Ormand, Jr., 1384 Kathwood Drive, Columbia, SC 29206

Referred to the Committee on Labor, Commerce and Industry.

Initial Appointment, South Carolina State Human Affairs Commission, with the term to commence June 30, 2011, and to expire June 30, 2014
At-Large:
Melanie G. Stith, 3704 Hidden Marsh Rd., Mt. Pleasant, SC 29466

Referred to the Committee on Judiciary.

Initial Appointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2006, and to expire June 30, 2012
At-Large:

Henry Gene McCaskill, 604 Kirkwood Circle, Camden, SC 29020 VICE David Huffstetler

Referred to the Committee on Judiciary.

Reappointment, South Carolina Workers' Compensation Commission, with the term to commence June 30, 2012, and to expire June 30, 2018
At-Large:
Henry Gene McCaskill, 604 Kirkwood Circle, Camden, SC 29020

Referred to the Committee on Judiciary.

Local Appointments

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Darrell Drakeford, 2504 Thomas Street, Camden, SC 29020


Printed Page 252 . . . . . Tuesday, January 17, 2012

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
R. Eugene Hartis, 1477 Springbill Road, Camden, SC 29050

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
M. Scott Rankin, 1704 Fair Street, Camden, SC 29020

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Roderick M. Todd, Jr., 407 Chestnut Street, Camden, SC 29020

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Leslie S. Anderson, 649 Philippi Church Road, Union, SC 29379

Reappointment, York County Natural Gas Authority, with the term to commence March 1, 2011, and to expire March 1, 2014
Clover:
Martin Brian Hall III, 219 Neely Road, Clover, SC 29710

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 4193
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 49-4-10 et seq.
SUBJECT: Surface Water Withdrawal, Permitting, Use and Reporting; Water Use Reporting and Coordination; and Interbasin Transfer of Water
Received by Lieutenant Governor January 17, 2012
Referred to Agriculture and Natural Resources Committee
Legislative Review Expiration May 16, 2012

Doctor of the Day

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


Printed Page 253 . . . . . Tuesday, January 17, 2012

Leave of Absence

On motion of Senator CROMER, at 12:05 P.M., Senator CLEARY was granted a leave of absence for the week.

Leave of Absence

On motion of Senator BRYANT, at 12:05 P.M., Senator RYBERG was granted a leave of absence for today.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 3 (Word version)     Sen. Knotts
S. 10 (Word version)     Sen. Knotts
S. 12 (Word version)     Sen. Knotts
S. 372 (Word version)     Sen. Knotts

RECALLED AND COMMITTED

H. 3676 (Word version) -- Reps. J.E. Smith, Clemmons, Dillard, Herbkersman, Limehouse, Mitchell and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 31 SO AS TO ENACT THE "SOUTH CAROLINA COMMUNITY LAND TRUST ACT OF 2011", TO DEFINE TERMS, MAKE FINDINGS, TO PROVIDE THAT THE PURPOSE OF A COMMUNITY LAND TRUST IS TO HOLD LEGAL AND EQUITABLE TITLE TO LAND TO THEN LEASE THE LAND TO PROMOTE AFFORDABILITY, TO PROVIDE THE MANNER IN WHICH COMMUNITY LAND TRUSTS ARE FUNDED, AND TO PROVIDE THE PROCESS BY WHICH COMMUNITY LAND TRUSTS OPERATE.

Senator VERDIN asked unanimous consent to recall the Bill from the Committee on Agriculture and Natural Resources.

There was no objection and the Bill was recalled from the Committee on Agriculture and Natural Resources.

On motion of Senator VERDIN, with unanimous consent, the Bill was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1106 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR LEXINGTON HIGH SCHOOL SENIOR


Printed Page 254 . . . . . Tuesday, January 17, 2012

ARJUN AGGARWAL OF COLUMBIA ON BEING NAMED A DAVIDSON INSTITUTE FOR TALENT DEVELOPMENT DAVIDSON FELLOW, TO CONGRATULATE HIM ON THE $25,000 SCHOLARSHIP THAT ACCOMPANIES THE AWARD, AND TO WISH HIM SUCCESS AS HE PREPARES TO EMBARK ON HIS COLLEGE CAREER.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1107 (Word version) -- Senators Leventis and Hayes: A BILL 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, AND TO PROVIDE TIME LIMITS ON THE VALIDITY OF THIS LICENSE.
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Senator LEVENTIS spoke on the Bill.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1108 (Word version) -- Senators Leventis, Hutto, Williams, Elliott, Matthews and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-3-414 SO AS TO PROVIDE THAT A VIOLATION OF FEDERAL LAW AS TO CERTAIN CONSUMER LOAN TRANSACTIONS IS A VIOLATION OF STATE LAW.
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Senator LEVENTIS spoke on the Bill.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1109 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-110 SO AS TO PROVIDE THAT FIXED-BASED OPERATORS,


Printed Page 255 . . . . . Tuesday, January 17, 2012

AS DEFINED BY THE AERONAUTICS COMMISSION OF THE STATE BUDGET AND CONTROL BOARD, AT AN AIRPORT LOCATED IN SOUTH CAROLINA MAY NOT CHARGE A FEE, INCLUDING A RAMP FEE, TO AIRCRAFT THAT DO NOT USE THEIR SERVICES AND ARE PARKED AT THE AIRPORT LESS THAN A FULL DAY IF ANY LOCAL, STATE, OR FEDERAL FUNDS HAVE BEEN USED TO FUND OR IMPROVE THE AIRPORT.
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Senator LEVENTIS spoke on the Bill.

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

S. 1110 (Word version) -- Senators Alexander, Rankin and Hutto: A BILL TO AMEND SECTION 6-10-30, SOUTH CAROLINA CODE OF LAWS, 1976, TO ADOPT THE 2009 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AS THE ENERGY STANDARD.
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Read the first time and referred to the Committee on Judiciary.

S. 1111 (Word version) -- Senators Scott, Matthews, Malloy, Land and Sheheen: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO BE KNOWN AS THE SOUTH CAROLINA ECONOMIC DEVELOPMENT RESEARCH COMMITTEE TO EXAMINE AND DEVELOP INNOVATIVE SOLUTIONS TO THE ECONOMIC CRISIS FACED BY THIS STATE, TO PROVIDE FOR THE STUDY COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE STUDY COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2013, AT WHICH TIME THE STUDY COMMITTEE IS ABOLISHED.
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Senator SCOTT spoke on the Resolution.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1112 (Word version) -- Senators Knotts, Campbell, Rose, Cromer, Leatherman, Ford, Reese, McGill, Verdin, Land, Massey, Fair, Hayes, Cleary, Matthews, Gregory, Pinckney, McConnell, Coleman and Bright: A


Printed Page 256 . . . . . Tuesday, January 17, 2012

BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT A MOPED MUST BE OPERATED IN THE FARTHEST RIGHT LANE OF A HIGHWAY WITH CERTAIN EXCEPTIONS.
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Senator KNOTTS spoke on the Bill.

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

S. 1113 (Word version) -- Senators Knotts, Campbell, Cromer, Alexander, Ford, Cleary, Leatherman, McGill, Land, Matthews and Pinckney: A BILL TO AMEND SECTION 56-5-3160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PEDESTRIANS WALKING ALONG HIGHWAYS, SO AS TO PROVIDE THAT A PEDESTRIAN MUST WEAR REFLECTIVE CLOTHING WHILE WALKING ALONG A ROADWAY OR HIGHWAY AT NIGHT.
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Senator KNOTTS spoke on the Bill.

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

S. 1114 (Word version) -- Senators Knotts, Grooms, Leventis, Ford, Bryant, Verdin, Setzler, Rose, Fair, McGill, Cleary, Land, Hayes, Matthews, Pinckney, Reese, Coleman, Malloy, Cromer, Sheheen, McConnell and Bright: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE FANG WONG, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:30 P.M. ON TUESDAY, FEBRUARY 21, 2012.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 1115 (Word version) -- Senators McConnell, Malloy, Leventis, Lourie, Alexander, Anderson, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Courson, Cromer, Davis, Elliott, Fair, Ford, Gregory, Grooms, Hayes, Hutto, Jackson, Knotts, Land, Leatherman, L. Martin, S. Martin, Massey, Matthews, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Rose, Scott, Setzler, Sheheen, Shoopman, Thomas, Verdin and Williams: A JOINT RESOLUTION TO


Printed Page 257 . . . . . Tuesday, January 17, 2012

SUSPEND THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR ALL DECISIONS SUBSEQUENT TO 2007 PERTAINING TO THE NAVIGABILITY, DEPTH, DREDGING, WASTEWATER AND SLUDGE DISPOSAL, AND RELATED COLLATERAL ISSUES OF THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER BECAUSE THE AUTHORITY OF THE SAVANNAH RIVER MARITIME COMMISSION SUPERSEDES AND REPLACES THE AUTHORITY OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO ALL ACTIONS CONCERNING THE SOUTH CAROLINA PORTION OF THE SAVANNAH RIVER BY ENACTMENT OF ACT NO. 56 OF 2007, EFFECTIVE MAY 1, 2007.
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Senator McCONNELL spoke on the Resolution.

S. 1115--Objection

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

Senator PEELER objected.

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

S. 1116 (Word version) -- Senators Knotts, Bryant, Fair, Thomas, Grooms, Scott and Williams: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF AN INDIVIDUAL FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A MAXIMUM THREE THOUSAND DOLLAR A YEAR DEDUCTION FOR VOLUNTEER STATE CONSTABLES DESIGNATED BY THE STATE LAW ENFORCEMENT DIVISION AS STATE CONSTABLES AND TO PROVIDE THE ELIGIBILITY REQUIREMENTS FOR THIS DEDUCTION.
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Read the first time and referred to the Committee on Finance.

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


Printed Page 258 . . . . . Tuesday, January 17, 2012

CARRIED OVER

S. 593 (Word version) -- Senators Hayes, Campsen and Ford: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE THE DEFINITIONS OF "COMMITTEE", "NONCANDIDATE COMMITTEE", AND "BALLOT MEASURE COMMITTEE", AND TO ADD A DEFINITION OF "INDEPENDENT EXPENDITURE COMMITTEE".

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

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

H. 3066 (Word version) -- Reps. G.R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G.M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D.C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2011" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE GENERAL ASSEMBLY, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND


Printed Page 259 . . . . . Tuesday, January 17, 2012

OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING CHAPTER 2 TO TITLE 2 SO AS TO PROVIDE FOR LEGISLATIVE OVERSIGHT OF EXECUTIVE DEPARTMENTS AND THE PROCESSES AND PROCEDURES TO BE FOLLOWED IN CONNECTION WITH THIS OVERSIGHT; TO AMEND SECTIONS 1-11-20, AS AMENDED, 1-11-22, 1-11-55, 1-11-56, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, AS AMENDED, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, CHAPTER 9, TITLE 3; 10-1-10, 10-1-30, AS AMENDED, 10-1-40, 10-1-130, 10-1-190, CHAPTER 9, TITLE 10, 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, AS AMENDED, 11-35-3820, AS AMENDED, 11-35-3830, AS AMENDED, 11-35-3840, AS AMENDED, 13-7-30, AS AMENDED, 13-7-830, AS AMENDED, 44-53-530, AS AMENDED, AND 44-96-140; 48-46-30, 48-46-40, 48-46-50, 48-46-60, 48-46-90, 48-52-410, 48-52-440, AND 48-52-460; AND BY ADDING SECTION 1-11-185 RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of Amendment No. P5 (3066R005.CBH) proposed by Senators HUTTO and FORD.

Senator DAVIS was recognized, with unanimous consent, to speak on the Bill.

On motion of Senator McCONNELL, debate was interrupted by adjournment.

Motion Adopted

On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, the Senate would stand adjourn to meet tomorrow at 11:30 A.M.

There was no objection and the motion was adopted.


Printed Page 260 . . . . . Tuesday, January 17, 2012

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Roderick M. Todd, Jr., 407 Chestnut Street, Camden, SC 29020

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Darrell Drakeford, 2504 Thomas Street, Camden, SC 29020

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
M. Scott Rankin, 1704 Fair Street, Camden, SC 29020

Reappointment, York County Natural Gas Authority, with the term to commence March 1, 2011, and to expire March 1, 2014
Clover:
Martin Brian Hall III, 219 Neely Road, Clover, SC 29710

Initial Appointment, Union County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Leslie S. Anderson, 649 Philippi Church Road, Union, SC 29379

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
R. Eugene Hartis, 1477 Springbill Road, Camden, SC 29050

MOTION ADOPTED

On motion of Senators CROMER, SETZLER and KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Miss Emma Longstreet, 6, of Columbia, S.C., beloved daughter of David and Karen Longstreet. She enjoyed swimming, drawing, coloring, Littlest Pet Shop, Gymnastics (PAC) and the French Immersion Program. She was a delight to her parents, family and friends and she will be greatly missed.

and


Printed Page 261 . . . . . Tuesday, January 17, 2012

MOTION ADOPTED

On motion of Senators COURSON and DAVIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Thomas H. Landess, Columbia, S.C., beloved husband of Mary Beth Dunbar Landess, devoted father of Ashley, Allen and Kate and doting grandfather of Jack. Mr. Landess had a distinguished writing career, served as an attorney in the Attorney General's Office under three Attorneys General, and proudly served both Presidents Reagan and Bush at the Department of Education. He will be missed by his family, friends and the community.

ADJOURNMENT

At 1:15 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:30 A.M.

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