South Carolina General Assembly
120th Session, 2013-2014
Journal of the Senate

                                                  NO. 2

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2014

_________

WEDNESDAY, JANUARY 15, 2014

Wednesday, January 15, 2014
(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 prophet Isaiah reminds us that:

". . .those who hope in the Lord will renew their strength. They will soar on wings   like eagles; they will run and not grow weary, they will walk and not be faint."   (Isaiah 40:31)

Let us pray:

Gracious God, we pray that this will indeed be that year in which all who serve South Carolina in this Senate will work conscientiously together, that their collective efforts will bless all South Carolinians, and that the end-results will reach heights not seen in recent years. By Your Spirit's grace, Lord, give these leaders wisdom and patience and caring hearts so that they might "soar on wings like eagles." Moreover, dear Lord, continue to bless our citizens in uniform as they labor faithfully all around the globe; we pray yet again that You will keep them safe as they serve the causes of freedom. All this we ask with trusting hearts, dear Lord. Amen.

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

Expression of Personal Interest

Senator BRIGHT rose for an Expression of Personal Interest.

Expression of Personal Interest

Senators NICHOLSON and JOHNSON rose for an Expression of Personal Interest.

ADDENDUM TO THE JOURNAL

The following remarks by Senator KIMPSON were ordered printed in the Journal of January 14, 2014:

Statement by Senator KIMPSON

First giving honor to God, for without his blessings, grace and mercy, I would not be standing before you today. Second, let me recognize my family. As you saw during the administration of the oath just a moment ago, my wife Kimberlyn and daughter Marleigh are here with me today. I want to thank them for their patience and support as we made our way through the special election cycle this past summer. Marleigh voted 3 times, of course with her Daddy, so she has been definitely exposed to the voting process in the first six months of her life. Also, let me recognize my father and mother, Milton and Wilhelmina Kimpson. My brother Milton Gary and his wife Audra Kimpson, both state employees, are with us too here today. My in-laws, Mr. and Mrs. Vernon Davis and Mr. Davis' mother, Thelma Davis, who drove all the way from Atlanta, Georgia, to be with us on this very special occasion. Finally, but not least, let me thank and recognize the people of District 42 for electing me as their State Senator. I realize I have some big shoes to fill, shoes worn by Sen. Robert Ford my predecessor who indeed made significant contributions to this great State. I want the citizens of District 42 to know that when I stand up on this floor, I speak on your behalf, and although it is my voice that is heard, it is your words that give life to my message.

To my colleagues of this august body, it is my distinct honor and privilege to join you in this place to do good work on behalf of the people of South Carolina. I want you to know that I do solemnly swear to take this job and awesome responsibility very seriously.

My first exposure to this body was back in the early eighties when my daddy worked as an executive assistant with then Governor Dick Riley right downstairs. As a little boy my mamma would bring us up here to visit daddy. I would break away from his office and run up and down those stairs out there, and as I would get close to these chambers my Daddy would catch up to me, grab my hand and tell me to "be quiet because the people in there were doing important work." Little did I know that one day, I would be one of the people in here doing important work.

For those who don't know me, I grew up right here in Columbia, SC. And graduated from Columbia High School in 1987. During the summer months I worked for the late Sen. WARREN GIESE of Richland County who was the administrator of a federally-funded summer feeding program for poor kids. Back then, his office was in room 613, the same office I'm assigned now. I matriculated at Morehouse College, in Atlanta, GA and finished there in 1991. My first job was in Anderson, SC as a branch manager of a bank and then I went to Greenville where I lent money to many of the upstate's biggest businesses as a commercial lender. However, although I succeeded in all those jobs, in life you have to find your calling, so I answered my calling by going on to the law school right down the street and graduated from the University of SC School of Law in 1999. Then I had the distinct honor of clerking for the late Judge Matthew Perry, national civil rights icon and the first African-American judge appointed to the bench in SC. Judge Perry taught me much of what I know today about the law. After working for Judge Perry, I took a job with then Ness, Motley, Loadholdt ,Richardson and Poole and started in the Barnwell office. Now I am a partner with Motley Rice in the firm's Charleston office, where I represent state, city and county pension funds all across this country to help them re-coup monetary losses due to corporate fraud. So, you can see, I have had a variety of experiences in a variety of places in this State and I bring all that with me to this office.

During the election, I pledged to the people of District 42 that I would come up here to work hard for them everyday, that I would not cower in the face of adversity but stand resolute to make sure that every child could get a good public education, breathe clean air and drink clean water and that every citizen in this State would have the opportunity to live the American dream. For me this is about more than filing Bills for political gamesmanship and randomly assigning big numbers to budgets for theatrics to show that you care, this is about conviction from the heart. There's a hymn that we sang growing up on the church choir, "May the work that I've done, speak for me." I'm looking forward to working with each and every one of you, Republican and Democrat, so the work that we do speaks volumes for the State of South Carolina. Thank you and may God bless this State.

REGULATION RECEIVED

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

Document No. 4392
Agency: State Board of Education
Chapter: 43
Statutory Authority: 1976 Code Sections 59-5-60, 59-39-160,
59-63-55, and 59-67-510
SUBJECT: Interscholastic Activities
Received by Lieutenant Governor January 14, 2014
Referred to Education Committee
Legislative Review Expiration May 14, 2014

Doctor of the Day

Senators SHANE MARTIN and BRIGHT introduced Drs. Larry Ware and Claude Woollen of Spartanburg, S.C., Doctors of the Day.

Leave of Absence

On motion of Senator CLEARY, at 2:05 P.M., Senator CROMER was granted a leave of absence for the balance of the week.

Expression of Personal Interest

Senators GROOMS and CAMPBELL rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:

S. 865 (Word version)     Sen. Turner

S. 862 (Word version)     Sen. Turner

S. 888 (Word version)     Sen. Turner

S. 901 (Word version)     Sens. Turner, Bright

S. 902 (Word version)     Sen. Turner

RECALLED AND COMMITTED

S. 892 (Word version) -- Senator Campbell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 8 ENACTING THE "SOUTH CAROLINA NEW MARKET JOBS ACT" SO AS TO PROVIDE A CREDIT AGAINST INSURANCE PREMIUM TAXES AND POSSIBLE OTHER STATES TAXES MADE IN CERTAIN INVESTMENTS MADE BY COMMUNITY DEVELOPMENT ENTITIES, PROVIDING INVESTMENT CAPITAL FOR A QUALIFIED ACTIVE LOW INCOME COMMUNITY SMALL BUSINESS LOCATED IN THIS STATE, TO MODEL THIS STATE INSURANCE PREMIUM TAX CREDIT ON THE FEDERAL NEW MARKETS TAX CREDIT PROGRAM PROVIDING FEDERAL INCOME TAX CREDITS FOR SUCH INVESTMENTS BUT LIMITED TO SUCH INVESTMENTS IN THIS STATE, TO ADOPT FEDERAL DEFINITIONS AS APPLICABLE FOR THE CREDIT BUT MODIFIED TO REFLECT THE PARTICULAR SOUTH CAROLINA APPLICATION OF THE CREDITS, TO PROVIDE A MAXIMUM INITIAL INDIVIDUAL INVESTMENT, A MAXIMUM OVERALL LIMIT FOR ALL SUCH INVESTMENTS ELIGIBLE FOR THE CREDIT, AND AN ANNUAL MAXIMUM AMOUNT OF CREDIT THAT MAY BE CLAIMED, TO PROVIDE THAT THESE CREDITS APPLY OVER SEVEN YEARS AND ARE NONREFUNDABLE AND NOT SALEABLE, TO REQUIRE FEES FOR PROCESSING APPLICATIONS FOR SUCH CREDITS AND FOR RECAPTURE OF THE CREDITS IF QUALIFICATIONS ARE NOT MAINTAINED, TO PROVIDE FOR LETTER RULINGS BY THE DEPARTMENT OF REVENUE WHEN FEDERAL REGULATIONS DO NOT PROVIDE SPECIFIC GUIDANCE, AND TO PROVIDE OTHER LIMITATIONS AND RESTRICTIONS AND REPORTING REQUIREMENTS.

Senator HAYES asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.

There was no objection and the Bill was recalled from the Committee on Banking and Insurance.

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

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 935 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE WILLIAM W. SHIVES OF RICHLAND COUNTY UPON THE OCCASION OF HIS EIGHTIETH BIRTHDAY ON JANUARY 11, 2014 AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.

S. 936 (Word version) -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "AIR AMBULANCE AFFORDABILITY ACT"; BY ADDING SECTION 44-61-55 SO AS TO PROVIDE THAT NO AIRCRAFT MAY BE OPERATED AS AN AIR AMBULANCE WITHOUT A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO PROVIDE REQUIREMENTS FOR THIS PERMIT, AND TO PROVIDE FOR THE DURATION OF THE PERMIT ABSENT REVOCATION OR SUSPENSION; TO AMEND SECTION 44-61-20, AS AMENDED, RELATING TO DEFINITIONS CONCERNING EMERGENCY MEDICAL SERVICES, SO AS TO DEFINE THE TERM 'AIR AMBULANCE'; AND BY ADDING SECTION 38-71-285 SO AS TO PROVIDE THAT ALL INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS SHALL PROVIDE COVERAGE FOR AIR AMBULANCE TRANSPORTATION TO A HOSPITAL OR MEDICAL FACILITY FOR EMERGENCY TREATMENT OR WHEN A PHYSICIAN CONSIDERS AIR TRANSPORTATION A MEDICAL NECESSITY, TO PROVIDE HOW THIS COVERAGE MUST PAY FOR AIR AMBULANCE TRANSPORTATION UNDER THESE POLICIES, TO PROVIDE THIS RATE REQUIREMENT IS RETROACTIVE FIVE YEARS FROM THE EFFECTIVE DATE, AND TO PROVIDE NECESSARY DEFINITIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 937 (Word version) -- Senator Massey: A SENATE RESOLUTION TO RECOGNIZE AND HONOR PHILLIP "PHIL" RODNEY PERRY, A NATIVE OF SALUDA COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF OUTSTANDING DEDICATION TO CLEMSON UNIVERSITY EXTENSION SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 938 (Word version) -- Senators Campsen, Massey, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE THE 2013 CLEMSON UNIVERSITY "TIGERS" FOOTBALL TEAM AND THEIR HEAD COACH DABO SWINNEY FOR ITS WIN AT THE 2014 ORANGE BOWL AND ON AN OUTSTANDING 2013 FOOTBALL SEASON.
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The Senate Resolution was adopted.

S. 939 (Word version) -- Senator Sheheen: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE MEMBERS OF GREATER ST. STEPHEN AME CHURCH AND TO CONGRATULATE THEM UPON THE LAYING OF THE CORNERSTONE OF THEIR NEWLY CONSTRUCTED SANCTUARY AND FAMILY LIFE CENTER.
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The Senate Resolution was adopted.

S. 940 (Word version) -- Senators Young, Massey and Setzler: A BILL TO AMEND SECTION 4-10-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATION CAPITAL IMPROVEMENTS SALES AND USE TAX, SO AS TO ALLOW A COUNTY THAT DOES NOT COLLECT A CERTAIN AMOUNT IN ACCOMMODATIONS TAX TO IMPOSE THE SALES TAX SO LONG AS NO PORTION OF THE COUNTY AREA IS SUBJECT TO MORE THAN TWO PERCENT TOTAL SALES TAX.
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Read the first time and referred to the Committee on Finance.

S. 941 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A DEDUCTION FOR MILITARY PAY AND ALLOWANCES OF A RESIDENT OF THIS STATE ON ACTIVE DUTY IN THE ARMED FORCES OF THE UNITED STATES.
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Read the first time and referred to the Committee on Finance.

S. 942 (Word version) -- Senators Hutto and Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-619 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO IMPOSE A TOLL ALONG INTERSTATE HIGHWAY 95 WHERE IT CROSSES LAKE MARION IN EITHER ORANGEBURG COUNTY OR CLARENDON COUNTY.
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Read the first time and referred to the Committee on Transportation.

S. 943 (Word version) -- Senator Bryant: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE DAN DELLINGER, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 12:00 P.M. ON TUESDAY, MARCH 4, 2014.
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The Senate Resolution was introduced and referred to the Committee on Invitations.

S. 944 (Word version) -- Senators Thurmond, Campsen, Grooms, Campbell, Bennett and Kimpson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE PROFOUND IMPACT OF THE LIFE OF MARTHA BROWNING DICUS UPON THE LEGAL PROFESSION AND UPON THE COUNTLESS LIVES TOUCHED BY HER EXUBERANCE AND JOIE DE VIVRE.
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The Concurrent Resolution was adopted, ordered sent to the House.

H. 4440 (Word version) -- Reps. Huggins, Ballentine, W. J. McLeod, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO CONGRATULATE ADDISON BOSTAIN OF LEXINGTON COUNTY ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HEALTH AND HAPPINESS.

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

H. 4442 (Word version) -- Reps. Huggins, Ballentine, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO CONGRATULATE DR. KARL E. FULMER, CHIEF FINANCIAL SERVICES OFFICER FOR SCHOOL DISTRICT FIVE OF LEXINGTON AND RICHLAND COUNTIES, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

H. 4443 (Word version) -- Reps. Clemmons, Mack, Bannister and Delleney: A CONCURRENT RESOLUTION TO THANK CHARLES A. MONTGOMERY OF CHESTER COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS CHAIR OF THE PIEDMONT CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

H. 4444 (Word version) -- Reps. Clemmons, Mack and Bannister: A CONCURRENT RESOLUTION TO THANK JOHN M. GRANTLAND OF RICHLAND COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS A MEMBER AND CHAIR OF THE MIDLANDS CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

H. 4445 (Word version) -- Reps. Clemmons, Mack and Bannister: A CONCURRENT RESOLUTION TO THANK ROBERT M. "MIKE" HAMMOND OF ORANGEBURG COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS CHAIR OF THE LOWCOUNTRY CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

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

H. 4446 (Word version) -- Rep. Rutherford: A CONCURRENT RESOLUTION TO HONOR THE CONTRIBUTIONS OF THE LATE COACH FRANK MCGUIRE TO THE UNIVERSITY OF SOUTH CAROLINA BASKETBALL PROGRAM AS HEAD COACH OF THE GAMECOCKS, TO RECOGNIZE HIS ILLUSTRIOUS CAREER UPON THE OCCASION OF THE NAMING OF CERTAIN STREETS SURROUNDING THE CAROLINA COLISEUM AND THE COLONIAL CENTER AS "FRANK MCGUIRE WAY", AND TO DECLARE FRIDAY, JANUARY 17, 2014, AS "FRANK MCGUIRE DAY" IN COLUMBIA TO COMMEMORATE THIS MARK OF HIGH ESTEEM.

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

H. 4448 (Word version) -- Reps. Weeks, G. M. Smith, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE MAGGIE LANE OF SUMTER COUNTY FOR HER MANY YEARS OF PUBLIC SERVICE TO HER COMMUNITY, AS WELL AS HER INSPIRATIONAL EXAMPLE OF A LIFE WELL LIVED, AND TO CONGRATULATE HER ON BEING HONORED IN THE ROLL CALL OF JEHOVAH MISSIONARY BAPTIST CHURCH'S "GRAND SALUTE TO LOCAL HEROES."

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

H. 4486 (Word version) -- Reps. Harrell, Lucas, Delleney, Hardwick, Howard, Owens, Sandifer, White, Bannister and Rutherford: A CONCURRENT RESOLUTION INVITING HER EXCELLENCY, NIKKI HALEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 2014, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

H. 4490 (Word version) -- Reps. Huggins, Atwater, Ballentine, Bingham, Kennedy, R. L. Ott, Quinn, Spires, Toole, Alexander, Allison, Anderson, Anthony, Bales, Bannister, Barfield, Bedingfield, Bernstein, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, Owens, Parks, Patrick, Pitts, Pope, Putnam, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR SERGEANT DAVID AMICK OF THE LEXINGTION COUNTY SHERIFF'S DEPARTMENT FOR HIS VALUABLE COMMUNITY SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

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

REPORT OF STANDING COMMITTEE

Senator BRYANT from the Committee on Invitations polled out S. 822 favorable:

S. 822 (Word version) -- Senators Jackson, Alexander and Courson: A CONCURRENT RESOLUTION TO INVITE THE LIEUTENANT GOVERNOR, THE HONORABLE GLENN F. MCCONNELL TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE AGING POPULATION IN SOUTH CAROLINA AT 12:00 P.M. ON FEBRUARY 12, 2014.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Abstain 0; Not Voting 2

AYES

Bryant                    Alexander                 McGill
Reese                     Campsen                   Malloy
Cleary                    Johnson                   Kimpson

Total--9

NAYS

Total--0

ABSTAIN

Total--0

NOT VOTING

Total--2

Ordered for consideration tomorrow.

Senator BRYANT from the Committee on Invitations polled out S. 914 favorable:

S. 914 (Word version) -- Senators Peeler, Alexander, Hayes and McGill: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 2, 2014 AT NOON, AS THE DATE AND TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES FOR THE CITADEL, CLEMSON UNIVERSITY, COASTAL CAROLINA UNIVERSITY, COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE ON JUNE 30, 2014, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Abstain 0; Not Voting 2

AYES

Bryant                    Alexander                 McGill
Reese                     Campsen                   Malloy
Cleary                    Johnson                   Kimpson

Total--9

NAYS

Total--0

ABSTAIN

Total--0

NOT VOTING

Total--2

Ordered for consideration tomorrow.

Senator BRYANT from the Committee on Invitations polled out H. 4486 favorable:

H. 4486 (Word version) -- Reps. Harrell, Lucas, Delleney, Hardwick, Howard, Owens, Sandifer, White, Bannister and Rutherford: A CONCURRENT RESOLUTION INVITING HER EXCELLENCY, NIKKI HALEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 22, 2014, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.

Poll of the Invitations Committee
Polled 9; Ayes 9; Nays 0; Abstain 0; Not Voting 2

AYES

Bryant                    Alexander                 McGill
Reese                     Campsen                   Malloy
Cleary                    Johnson                   Kimpson

Total--9

NAYS

Total--0

ABSTAIN

Total--0

NOT VOTING

Total--2

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., January 15, 2014

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Rep. Stavranakis in leiu of Rep. Ott to the Committee of Conference on the part of the House on:

S. 22 (Word version) -- Senators Sheheen, Massey, L. Martin, Hayes, Campsen and Nicholson: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2013" BY ESTABLISHING THE DEPARTMENT OF ADMINISTRATION; TO PROVIDE FOR ITS COMPOSITION, POWERS, AND DUTIES; AND TO MAKE CONFORMING AMENDMENTS. (Abbreviated title)
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 15, 2014

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the appointment:

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence 5/31/2010:

4th Congressional District:

Mr. James I. Warren 119 Meyers Drive, Greenville, SC 29605
VICE J. B. Holeman
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

The following Resolutions were returned with concurrence and received as information.

S. 925 (Word version) -- Senators L. Martin, Campsen and Malloy: A CONCURRENT RESOLUTION TO THANK ROBERT M. "MIKE" HAMMOND OF ORANGEBURG COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS CHAIR OF THE LOWCOUNTRY CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

S. 926 (Word version) -- Senators L. Martin, Campsen and Malloy: A CONCURRENT RESOLUTION TO THANK CHARLES A. MONTGOMERY OF CHESTER COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS CHAIR OF THE PIEDMONT CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

S. 927 (Word version) -- Senators L. Martin, Campsen and Malloy: A CONCURRENT RESOLUTION TO THANK JOHN M. GRANTLAND OF RICHLAND COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE AS A MEMBER AND CHAIR OF THE MIDLANDS CITIZENS COMMITTEE ON JUDICIAL QUALIFICATIONS AND TO WISH HIM MUCH SUCCESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.

S. 928 (Word version) -- Senator Cromer: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE SAINT MICHAEL'S EVANGELICAL LUTHERAN CHURCH OF COLUMBIA ON THE OCCASION OF ITS HISTORIC TWO HUNDREDTH ANNIVERSARY AND TO COMMEND THE CHURCH FOR TWO CENTURIES OF SERVICE TO GOD AND THE COMMUNITY.

S. 929 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE GERARDO GONZALEZ OF COLUMBIA ON THE OCCASION OF HIS ONE HUNDREDTH BIRTHDAY AND TO WISH HIM MUCH HAPPINESS IN THE DAYS AHEAD.

S. 930 (Word version) -- Senator Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR COACH CURTIS FRYE, HEAD COACH OF TRACK AND FIELD AND CROSS COUNTRY AT THE UNIVERSITY OF SOUTH CAROLINA AND TO COMMEND HIM UPON HIS INDUCTION INTO THE UNITED STATES TRACK & FIELD AND CROSS COUNTRY COACHES ASSOCIATION HALL OF FAME.

S. 931 (Word version) -- Senators McElveen, Shealy, Johnson, Young, Lourie, Hutto, Setzler, Malloy, Williams, Reese, Nicholson, Scott, Rankin, Bennett, Gregory, Hembree, Courson, Kimpson, Jackson, Massey and Thurmond: A CONCURRENT RESOLUTION TO HONOR COACH STEVE SPURRIER OF THE UNIVERSITY OF SOUTH CAROLINA AS THE "WINNINGEST COACH" IN THE HISTORY OF CAROLINA FOOTBALL, TO CONGRATULATE HIM ON COACHING HIS OUTSTANDING TEAM ALL THE WAY TO THE 2014 CAPITAL ONE BOWL WINNER'S CROWN, AND TO WISH HIM MUCH CONTINUED SUCCESS IN THE DAYS TO COME.

S. 932 (Word version) -- Senators McElveen and Johnson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE WILSON HALL FOOTBALL TEAM ON ITS IMPRESSIVE WIN OF THE 2013 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE.

S. 933 (Word version) -- Senators Courson, Setzler, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO HONOR THE CONTRIBUTIONS OF THE LATE COACH FRANK MCGUIRE TO THE UNIVERSITY OF SOUTH CAROLINA BASKETBALL PROGRAM AS HEAD COACH OF THE GAMECOCKS, TO RECOGNIZE HIS ILLUSTRIOUS CAREER, AND TO DECLARE FRIDAY, JANUARY 17, 2014, AS "FRANK MCGUIRE DAY" IN COLUMBIA TO COMMEMORATE THIS MARK OF HIGH ESTEEM.

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

CARRIED OVER

H. 3459 (Word version) -- Reps. Sandifer, Bales, J.E. Smith and Erickson: A BILL TO AMEND SECTION 40-2-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, SO AS TO PROVIDE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DESIGNATE CERTAIN PERSONNEL FOR THE EXCLUSIVE USE OF THE BOARD, TO PROHIBIT THE DEPARTMENT FROM ASSIGNING OTHER WORK TO THESE PERSONNEL WITHOUT APPROVAL OF THE BOARD, AND TO PROVIDE THESE PERSONNEL MAY BE TERMINATED BY THE DIRECTOR OF A MAJORITY OF THE BOARD; TO AMEND SECTION 40-2-30, RELATING TO THE PRACTICE OF ACCOUNTANCY, SO AS TO PROVIDE A CERTIFIED PUBLIC ACCOUNTANT LICENSED BY THE BOARD IS EXEMPT FROM LICENSURE REQUIREMENTS OF PRIVATE SECURITY AND INVESTIGATION AGENCIES; AND TO AMEND SECTION 40-2-70, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE THE BOARD MAY CONDUCT PERIODIC INSPECTIONS OF LICENSEES OR FIRMS; AND TO AMEND SECTION 40-2-80, RELATING TO INVESTIGATIONS OF ALLEGED VIOLATIONS, SO AS TO PROVIDE THE DEPARTMENT SHALL DIRECT THE INVESTIGATOR ASSIGNED TO THE BOARD TO INVESTIGATE AN ALLEGED VIOLATION TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE MERITING FURTHER PROCEEDINGS.

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

H. 3014 (Word version) -- Reps. J.E. Smith, Bernstein, M.S. McLeod, McEachern, Weeks, Hart and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 14 SO AS TO ENACT THE "VETERANS TREATMENT COURT PROGRAM ACT", TO REQUIRE THE CREATION AND ADMINISTRATION OF A VETERANS TREATMENT COURT PROGRAM IN EACH JUDICIAL CIRCUIT BY THE ATTORNEY GENERAL, TO PROVIDE FOR THE APPOINTMENT, POWERS, AND DUTIES OF A VETERANS TREATMENT COURT JUDGE, AND TO PROVIDE FOR REQUIREMENTS FOR AN OFFENDER TO QUALIFY FOR ADMISSION TO A VETERANS TREATMENT COURT PROGRAM.

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

H. 3853 (Word version) -- Reps. Owens, Patrick, Bedingfield, Loftis, Taylor, Allison, Anthony, Brannon, Southard, Bowen, Whitmire, Limehouse, Cole, Erickson, Forrester, Harrell, Herbkersman, Hixon, Lucas, D.C. Moss, Norman, Pitts, Pope, Putnam, Simrill, G.R. Smith, Sottile, Stringer, Wells and Willis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-111 SO AS TO AUTHORIZE AN ALTERNATIVE EDUCATION CAMPUS (AEC) TO BE ESTABLISHED BY A CHARTER SCHOOL SPONSOR WHICH SHALL CONSTITUTE A CHARTER SCHOOL SERVING A SPECIFIC STUDENT POPULATION, AND TO PROVIDE THE CRITERIA FOR A CHARTER SCHOOL TO BE DESIGNATED AS AN AEC; TO AMEND SECTION 59-40-55, RELATING TO A CHARTER SCHOOL SPONSOR'S POWERS AND DUTIES, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND DUTIES INCLUDING THE ADOPTION OF NATIONAL INDUSTRY STANDARDS FOR THE SCHOOL, AND THE CLOSURE OF LOW PERFORMING SCHOOLS; TO AMEND SECTION 59-40-60, AS AMENDED, RELATING TO CHARTER SCHOOL APPLICATIONS AND THE FORMATION OF CHARTER SCHOOLS, SO AS TO PROVIDE THAT THE CHARTER SCHOOL APPLICATION MUST BE BASED ON AN APPLICATION TEMPLATE WITH COMPLIANCE GUIDELINES DEVELOPED BY THE DEPARTMENT OF EDUCATION, AND TO FURTHER PROVIDE FOR THE CONTENTS OF THE APPLICATION AND FOR LETTERS OF INTENT TO BE SUBMITTED BY AN APPLICANT AND A CHARTER COMMITTEE; TO AMEND SECTION 59-40-70, AS AMENDED, RELATING TO THE CHARTER SCHOOL ADVISORY COMMITTEE AND ITS DUTY TO REVIEW CHARTER SCHOOL APPLICATIONS, SO AS TO DELETE THE COMMITTEE, TO REVISE THE PROCEDURES REQUIRED OF A CHARTER SCHOOL APPLICANT IN REGARD TO A CHARTER SCHOOL APPLICATION, TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROVIDE GUIDANCE ON COMPLIANCE TO BOTH SPONSORS AND APPLICANTS, AND TO FURTHER PROVIDE FOR THE STANDARDS FOR A SCHOOL BOARD OF TRUSTEES OR AREA COMMISSION TO FOLLOW WHEN CONSIDERING THE DENIAL OF AN APPLICATION; TO AMEND SECTION 59-40-90, AS AMENDED, RELATING TO APPEAL OF FINAL DECISIONS OF A SCHOOL DISTRICT TO THE ADMINISTRATION LAW COURT, SO AS TO ALSO INCLUDE FINAL DECISIONS OF A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING SPONSOR; TO AMEND SECTION 59-40-110, AS AMENDED, RELATING TO THE DURATION OF A CHARTER SCHOOL SPONSOR AND THE RENEWAL OR TERMINATION OF A CHARTER BY THE SPONSOR, SO AS TO FURTHER PROVIDE FOR THE CIRCUMSTANCES WHEN A CHARTER SCHOOL SHALL AUTOMATICALLY AND PERMANENTLY CLOSE, TO REVISE THE CRITERIA TO CONSIDER WHEN REVOKING OR NOT RENEWING A CHARTER, TO PROVIDE FOR WHEN A SPONSOR SUMMARILY MAY REVOKE A CHARTER, AND TO PROVIDE FOR THE MANNER IN WHICH STAYS OF THE REVOCATION OR NONRENEWAL OF THE CHARTER TAKE EFFECT OR MAY BE GRANTED; TO AMEND SECTION 59-40-115, AS AMENDED, RELATING TO THE TERMINATION OF A CHARTER SCHOOL'S CONTRACT WITH A SPONSOR, SO AS TO DELETE A REFERENCE TO THE CHARTER SCHOOL ADVISORY COMMITTEE; AND TO AMEND SECTION 59-40-180, AS AMENDED, RELATING TO REGULATIONS AND GUIDELINES PERTAINING TO CHARTER SCHOOLS, SO AS TO DELETE A REFERENCE TO THE CHARTER SCHOOL ADVISORY COMMITTEE.

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

RECOMMITTED

S. 75 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 40-57-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWALS FOR REAL ESTATE BROKERS AND SALESMEN, SO AS TO REQUIRE A CRIMINAL BACKGROUND CHECK FROM A SOURCE APPROVED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND BY ADDING SECTION 40-57-245 SO AS TO REQUIRE THAT THE DEPARTMENT ASSIGN ONE INVESTIGATOR FOR EVERY TWO THOUSAND FIVE HUNDRED LICENSEES TO ENSURE COMPLAINTS ARE PROCESSED AND CONSIDERED IN AN EXPEDITIOUS MANNER.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator ALEXANDER explained the Bill.

Senator ALEXANDER moved to recommit the Bill to the Committee on Labor, Commerce and Industry.

The Bill was recommitted to the Committee on Labor, Commerce and Industry.

OBJECTION

H. 3540 (Word version) -- Reps. Harrell, J.E. Smith, Bales, Hosey, Cobb-Hunter, Bannister, J.R. Smith, Patrick, Brannon, Erickson, Taylor, Huggins, Kennedy, Ballentine, Bernstein, Sellers, Williams, Jefferson, M.S. McLeod, Atwater, Bowers, R.L. Brown, Cole, Douglas, George, Hixon, Long, McCoy, Mitchell, Pitts, Pope, G.R. Smith, Tallon, Wood, Weeks, Knight and Hart: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR, SO AS TO ADD THE ADJUTANT GENERAL TO THE LIST OF OFFICERS OR ENTITIES THE GOVERNING BOARD OF WHICH MAY BE REMOVED BY THE GOVERNOR ONLY FOR CERTAIN REASONS CONSTITUTING CAUSE; TO AMEND SECTION 25-1-320, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT BEGINNING UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 2014 GENERAL ELECTION, THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A FOUR-YEAR TERM COMMENCING ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY THAT FOLLOWS THE GENERAL ELECTION THAT MARKS THE MIDTERM OF THE GOVERNOR, EXCEPT THAT THE INITIAL TERM OF THE FIRST ADJUTANT GENERAL APPOINTED PURSUANT TO THIS ACT MUST BE FOR TWO YEARS SO AS TO ALLOW SUBSEQUENT TERMS TO BE STAGGERED WITH THAT OF THE GOVERNOR, AND TO ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF ADJUTANT GENERAL; TO AMEND SECTION 25-1-340, AS AMENDED, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE A REFERENCE TO THE ELIGIBILITY REQUIREMENTS OF CONSTITUTIONAL OFFICERS; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AMENDMENTS TO SECTION 7, ARTICLE VI, AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

Senator MASSEY objected to the Bill.

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

MOTION ADOPTED

On motion of Senator PEELER, the Senate agreed to dispense with the balance of the Motion Period.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

RETURNED FROM THE HOUSE WITH AMENDMENTS
AMENDMENT TABLED, AMENDMENT PROPOSED
DEBATE INTERRUPTED BY ADJOURNMENT

S. 308 (Word version) -- Senators Bennett, Shealy, Grooms, Hembree, L. Martin, Massey, Campbell, Turner, Thurmond, Bryant, Verdin, S. Martin, Davis, Bright, Corbin, Campsen, Fair and Cromer: A BILL TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.

The Senate proceeded to a consideration of the Bill, the question being the concurrence in the House amendments.

Senator SCOTT explained Amendment No. RFH-7, which was previously proposed and printed in the Journal on January 14, 2014.

Senator HUTTO asked unanimous consent, with Senator SCOTT retaining the floor, to make a motion that he be allowed to speak on the amendment for no longer than ten minutes.

There was no objection.

Senator HUTTO spoke on the amendment.

Senator SCOTT resumed speaking on the amendment.

Senator MALLOY asked unanimous consent, with Senator SCOTT retaining the floor, to make a motion to go directly to Amendment No. RFH-2 for immediate consideration.

There was no objection.

Amendment No. RFH-2

Senator MALLOY proposed the following amendment (308MW.RETURN8) which was laid on the table:

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

SECTION   1.   Section 16-23-465 of the 1976 Code is amended to read:

"Section 16-23-465.   (A)   In addition to the penalties provided for by Sections 16-11-330, 16-11-620, and 16-23-460, 23-31-220, and by Article 1, of Chapter 23, of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor, and, upon conviction, must be fined not more than two three thousand dollars or imprisoned not more than three years, or both.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked for a period of five years.

(B)(1)   This section does not apply to a person carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23 between the hours of 5:00 a.m. and midnight; however, the person shall not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises and shall not enter and remain on any portion of the business' premises primarily devoted to the service and consumption of alcoholic liquor, beer, or wine. A person who violates this subitem may be charged with a violation of subsection (A).

(2)   A business owner or person in legal possession or control of a business may allow the carrying of concealable weapons into the business by posting a ' CONCEALED WEAPONS ALLOWED' consistent with the guidelines set forth in Sections 16-23-465(C), (D), and (E). A person who carries a concealable weapon into a business without a sign posted in compliance with this section may be charged with a violation of subsection (A).

(3)   A business owner or person in legal possession or control of a business may request that a person carrying a concealable weapon leave the business's premises or request that a person carrying a concealable weapon remove the concealable weapon from the business's premises. A person carrying a concealable weapon who refuses to leave a business's premises when requested or refuses to remove the concealable weapon from a business's premises when requested may be charged with a violation of subsection (A)."

(C) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs allowing the carrying of a concealable weapon upon any bsuiness that serves alcholoic liquor, beer or wine shall only be satisfied by a sign expressing the allowance in both written language interdict and universal sign language.

(D) All signs must be posted at each entrance into a business that serves alcoholic liquor, beer, or wine where a concealable weapon permit holder is allowed to carry a concealable weapon and must be:

(1) clearly visible from outside the building;

(2) eight inches wide by twelve inches tall in size;

(3) contain the words "CONCEALED WEAPONS ALLOWED" in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(4) contain a black silhouette of a handgun inside a circle seven inches in diameter

(5) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.

(E) If the premises of a business that serves alcoholic liquor, beer, or wine where concealable weapons are allowed does not have doors, then the signs contained in subsection (C) must be:

(1) thirty-six inches wide by forty-eight inches tall in size;

(2) contain the words " CONCEALED WEAPONS ALLOWED" in black three- inch tall uppercase type at the       bottom of the sign and centered between the lateral edges of the sign;

(3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter;

(4) placed not less than forty inches and not more than ninety-six inches above the ground;

(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.

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

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Motion Adopted

Senator MALLOY asked unanimous consent to delete the words "between the hours of 5:00 A.M. and midnight" in SECTION 1. (B)(1).

There was no objection.

Senator LARRY MARTIN argued contra to the amendment.

Senator MALLOY explained the amendment.

Senator LARRY MARTIN moved to lay the amendment on the table.

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

Ayes 23; Nays 15

AYES

Alexander                 Bennett                   Bright
Bryant                    Campbell                  Campsen
Cleary                    Corbin                    Courson
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Martin, Larry             Martin, Shane             Massey
Peeler                    Shealy                    Thurmond
Turner                    Young

Total--23

NAYS

Allen                     Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    McElveen                  McGill
Nicholson                 Rankin                    Reese
Scott                     Setzler                   Williams

Total--15

The amendment was laid on the table.

Senator SCOTT resumed explaining Amendment No. RFH-7.

Senator MALLOY asked unanimous consent, with Senator SCOTT retaining the floor, to make a motion to go directly to Amendment No. RFH-21 for immediate consideration.

There was no objection.

Amendment No. RFH-21

Senators LARRY MARTIN, HUTTO, MASSEY and BENNETT proposed the following amendment (JUD0308.014):

Amend the bill, as and if amended, page 2, by striking lines 34-36, and inserting:

/     (a)   a valid South Carolina driver's license, or if the applicant is a qualified nonresident, a valid driver's license or photographic identification card issued by the state in which the applicant resides; or   /

Amend the bill further, as and if amended, page 4, by striking lines 4-6, and inserting:

/     (f)(g)   a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.     /

Amend the bill further, as and if amended, page 4, by striking lines 4-6, and inserting:

/   subitems (a) and (b)(c), 'proof of training' is not satisfied unless the   /

Amend the bill further, as and if amended, page 4, by striking lines 36-38, and inserting:

/     (2)   one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches photocopy of a driver's license or photographic identification card;     /

Amend the bill further, as and if amended, page 5, by striking lines 37-40, and inserting:

/   SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The       /

Amend the bill further, as and if amended, page 6, by striking line 43, and page 7, by striking lines 1-5, and inserting:

/   Section 23-31-210(4)(a), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.     /

Amend the bill further, as and if amended, page 9, by striking line 1, and inserting:

/     (10)   place clearly marked with a sign prohibiting the       /

Amend the bill further, as and if amended, page 9, by striking line 15, and inserting:

/   Nothing contained herein in this subsection may be construe   /

Renumber sections to conform.

Amend title to conform.

Senator LARRY MARTIN explained the amendment.

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

MOTION ADOPTED

On motion of Senators RANKIN and McGILL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Helen Sasser of Conway, S.C. Ms. Sasser enjoyed spending time with her family, friends and cat "Baby." She loved assisting people in the rural communities. If Helen wasn't hunting, traveling, antiquing, or instigating a practical joke, you could find her at a political meeting. Ms. Sasser was a loving mother and doting grandmother.

and

MOTION ADOPTED

On motion of Senator McELVEEN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Major General Thomas Richard Olsen Sr. of Sumter, S.C. Gen. Olsen served in the United States Air Force for 35 years where he earned many decorations and awards. Upon his retirement in 1991, he became the executive director of the Sumter Base Defense Committee for 17 years. He served his community in many capacities including being the founding chairman of The Tuomey Foundation Board of Governors, a member of the Sumter Greater Chamber of Commerce Military Affairs Committee and the Sumter Education Committee, a member of the Sumter Rotary Club and a member and past president of the Sumter Kiwanis Club. Gen. Olsen was a loving husband, devoted father and doting grandfather.

ADJOURNMENT

At 4:36 P.M., on motion of Senator MASSEY, the Senate adjourned to meet tomorrow at 11:00 A.M.

Recorded Vote

Senators BRIGHT, BRYANT and SHANE MARTIN desired to be recorded as voting against the motion to adjourn.

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This web page was last updated on Thursday, January 16, 2014 at 9:48 A.M.