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

                                                  NO. 52

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2014

_________

TUESDAY, APRIL 29, 2014

Tuesday, April 29, 2014
(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:

As we read in the book of Job:

"'But where shall wisdom be found? And where is the place of understanding? It cannot   be gotten for gold, and silver cannot be weighed out as its price.'" (Job 28:12, 15)

Please bow in prayer with me:

Glorious and Ever-loving God, we ask that You will particularly be with these Senators and their aides as the prospect of budget debates looms on the horizon. By Your Spirit's grace may they all exercise astute wisdom and profound understanding as they make decisions which will impact so very many of our agencies, institutions, and, most of all, our citizens. Grant these leaders courage during these challenging times in which we live. Also, O God, continue to embrace and care for the Rankin family in the recent death of Senator RANKIN's father. We pray all of this in Your loving name, dear Lord. Amen.

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

CORRECTION TO THE JOURNAL

The following Statewide Appointment term was listed incorrectly from the Journal of Tuesday, April 8, 2013: The correction is as follows:
Initial Appointment, South Carolina State Board of Cosmetology, with the term to commence March 31, 2012, and to expire March 31, 2016
Cosmetologist:

Patricia Walters, 809 Michaelmas Ave., Cayce, SC 29033 VICE Ms. Katherine Webb

Expression of Personal Interest

Senator SHANE MARTIN rose for an Expression of Personal Interest.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 4433
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-70-10 et seq.
SUBJECT: Standards for Licensing In-Home Care Providers
Received by Lieutenant Governor January 17, 2014
Referred to Medical Affairs Committee
Legislative Review Expiration May 17, 2014
04/28/2014   Withdrawn and Resubmitted

Document No. 4452
Agency: Board of Long Term Health Care Administrators
Chapter: 93
Statutory Authority: 1976 Code Sections 40-1-70 and 40-35-60
SUBJECT: Requirements of Licensure for Long Term Health Care Administrators
Received by Lieutenant Governor March 19, 2014
Referred to Medical Affairs Committee
Legislative Review Expiration February 23, 2015
04/28/2014   Withdrawn and Resubmitted

Leave of Absence

On motion of Senator MALLOY, at 12:04 P.M., Senator PINCKNEY was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator COURSON, at 12:04 P.M., Senator SHEALY was granted a leave of absence for Tuesday, April 29 and Wednesday, April 30, 2014.

Leave of Absence

On motion of Senator SCOTT, at 12:04 P.M., Senator KIMPSON was granted a leave of absence for Tuesday, April 29 and Wednesday, April 30, 2014.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 1145 (Word version)     Campsen
S. 1166 (Word version)     Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, Larry Martin, Shane Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1241 (Word version) -- Senator Courson: A SENATE RESOLUTION TO COMMEMORATE THE FIFTIETH ANNIVERSARY OF THE FEDERAL WILDERNESS ACT OF 1964, AND TO RECOGNIZE AND HONOR THE SIERRA CLUB FOR ITS OUTSTANDING AND ESSENTIAL WORK IN PROTECTING NATIONAL WILDERNESS AREAS.
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The Senate Resolution was adopted.

S. 1242 (Word version) -- Senator Leatherman: A SENATE RESOLUTION TO RECOGNIZE AND HONOR FRANK AVENT OF FLORENCE, SOUTH CAROLINA ON HIS MANY YEARS OF DEDICATED SERVICE TO THE COMMUNITY OF FLORENCE AND THE CITIZENS OF THE STATE OF SOUTH CAROLINA.
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The Senate Resolution was adopted.

S. 1243 (Word version) -- Senator S. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-180 SO AS TO PROVIDE THAT ANY PUBLIC, PRIVATE, OR NONPROFIT ENTITY WHICH IS ENGAGED IN HELPING TO REHABILITATE AND REINTRODUCE PAROLED PRISON INMATES INTO THE COMMUNITY AND WHICH AS A PART OF ITS PROGRAM PROVIDES RESIDENTIAL HOUSING IN THE COMMUNITY TO THESE PAROLEES MUST PROVIDE NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COMMUNITY OF THE ADDRESSES WHERE THESE RESIDENTIAL HOUSING FACILITIES WILL BE LOCATED, AND ALSO MUST CONDUCT A PUBLIC HEARING REGARDING THE PROGRAM AND THE LOCATION OF THESE RESIDENTIAL HOUSING FACILITIES IN THE COMMUNITY WHERE THEY WILL BE LOCATED.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 1244 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 63-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE JUVENILE JUSTICE CODE, SO AS TO INCLUDE PRETRIAL DETAINEES WHO HAVE NOT ATTAINED THEIR EIGHTEENTH BIRTHDAY WITHIN THE DEFINITION OF "CHILD" OR "JUVENILE"; AND TO AMEND SECTION 63-19-820, RELATING TO DETENTION OF A CHILD, SO AS TO DELETE AN EXCEPTION THAT ALLOWS CERTAIN JUVENILES TO BE CONFINED IN AN ADULT JAIL.
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Read the first time and referred to the Committee on Judiciary.

S. 1245 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. MICHAEL LUCAS, DISTRICT SUPERINTENDENT OF THE SCHOOL DISTRICT OF OCONEE COUNTY, UPON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-FIVE YEARS OF OUTSTANDING SERVICE IN EDUCATION, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1246 (Word version) -- Senator Young: A SENATE RESOLUTION TO CONGRATULATE SOPHIE GREGORY OF AIKEN COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.
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The Senate Resolution was adopted.

S. 1247 (Word version) -- Senator Allen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE ROBERT NATHANIEL JENKINS, CIRCUIT FAMILY COURT JUDGE, UPON THE OCCASION OF HIS RETIREMENT AFTER EIGHTEEN YEARS OF EXEMPLARY SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1248 (Word version) -- Senator Hembree: A SENATE RESOLUTION TO CONGRATULATE THE NORTH MYRTLE BEACH HIGH SCHOOL MOCK TRIAL TEAM UPON WINNING ITS THIRD CHAMPIONSHIP IN THE SOUTH CAROLINA BAR ASSOCIATION'S HIGH SCHOOL MOCK TRIAL STATE COMPETITION.
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The Senate Resolution was adopted.

REPORTS OF STANDING COMMITTEES
Invitations Accepted

Thursday, May 1, 2014 - 8:00 A.M.-10:00 A.M.
Members of the Senate, Breakfast, 112, Blatt Building, by the SC CAMPAIGN TO PREVENT TEEN PREGNANCY

Tuesday, May 6, 2014 - 5:30 P.M.-8:00 P.M.
Members of the Senate and Staff, Reception, Capital City Stadium, by the BLUE CROSS BLUE SHIELD LEGISLATIVE SOFTBALL GAME

Wednesday, May 7, 2014 - 12:00 P.M.-2:00 P.M.
Members of the Senate and Staff, Luncheon, State House Grounds, by the SC RESTAURANT AND LODGING ASSOCIATION, "A TASTE OF SC"

Wednesday, May 7, 2014 - 6:00 P.M.-9:00 P.M.
Members of the Senate, Reception, Stone River, by the CONSERVATION VOTERS OF SOUTH CAROLINA

Tuesday, May 13, 2014 - 6:00 P.M.-8:00 P.M.
Members of the Senate and Staff, Reception, The Hall at Senate's End, by the CLEMSON UNIVERSITY & CLEMSON UNIVERSITY FOUNDATION

Wednesday, May 14, 2014 - 8:00 A.M.-10:00 A.M.
Members of the Senate, Breakfast, Room 112, Blatt Building, by the CITY OF CAYCE

Wednesday, May 14, 2014 - 12:00 P.M.-2:00 P.M.
Members of the Senate, Luncheon, Room 112, Blatt Building, by the ZETA PHI BETA

Thursday, May 15, 2014 - 8:00 A.M.-10:00 A.M.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by the AMI KIDS, INC.

Tuesday, May 20, 2014 - 6:00 P.M.-8:00 P.M.
Members of the Senate and Staff, Reception, Nexsen-Pruett Rooftop Terrace, by the BOEING CORPORATION, BMW NA, GENERAL ELECTRIC, & SC MANUFACTURERS ALLIANCE

Wednesday, May 21, 2014 - 8:00 A.M.-10:00 A.M.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by the SC ASSOCIATION OF COMMUNITY ACTION PARTNERSHIPS

Wednesday, May 21, 2014 - 12:00 P.M.-2:00 P.M.
Members of the Senate, Luncheon, Capital City Club, by the SC OPTOMETRIC PHYSICIANS ASSOCIATION

Wednesday, May 21, 2014 - 6:00 P.M.-10:00 P.M.
Members of the Senate and Staff, Reception, The Zone, by the UTILITIES OF SOUTH CAROLINA AND HOLLINGS CANCER CENTER "SPRING FLING"

Thursday, May 22, 2014 - 8:00 A.M.-10:30 A.M.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by the ABSOLUTE TOTAL CARE

Tuesday, May 27, 2014 - 11:30 A.M.-1:00 P.M.
Members of the Senate, Luncheon, Room 112, Blatt Building, by the SC ASSOCIATION OF HABITAT AFFILIATES

Wednesday, May 28, 2014 - 12:00 P.M.-2:00 P.M.
Members of the Senate, Luncheon, Room 112, Blatt Building, by the SC CHAPTER OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS

Thursday, May 29, 2014 - 8:00 A.M.-10:00 A.M.
Members of the Senate and Staff, Breakfast, Room 112, Blatt Building, by the SC OFFICE OF THE STATE TREASURER

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

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 4259 (Word version) -- Reps. Goldfinch and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-760 SO AS TO ENACT THE "SOUTH CAROLINA MILITARY SERVICE INTEGRITY AND PRESERVATION ACT", TO PROVIDE THAT A PERSON WHO, WITH THE INTENT OF SECURING A TANGIBLE BENEFIT, KNOWINGLY AND FALSELY REPRESENTS HIMSELF TO HAVE SERVED IN THE ARMED FORCES OF THE UNITED STATES OR TO HAVE BEEN AWARDED A DECORATION, MEDAL, RIBBON, OR OTHER DEVICE AUTHORIZED BY CONGRESS OR PURSUANT TO FEDERAL LAW FOR THE ARMED FORCES OF THE UNITED STATES, IS GUILTY OF A MISDEMEANOR.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1056 (Word version) -- Senators Turner, Campbell and Reese: A BILL TO AMEND SECTION 40-25-60 OF THE 1976 CODE, RELATING TO THE LICENSE REQUIRED TO ENGAGE IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, TO PROVIDE THAT NO PERSON MAY ENGAGE IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS OR DISPLAY A SIGN OR IN ANOTHER WAY ADVERTISE OR REPRESENT HIMSELF AS A PERSON WHO ENGAGES IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS OR OFFER FOR THE SALE OF HEARING AIDS THROUGH THE MAIL, INTERNET, OR OTHER MEANS, UNLESS HE HOLDS AN UNSUSPENDED, UNREVOKED LICENSE ISSUED BY THE DEPARTMENT AND PROVIDES FOR THE DIRECT FITTING, SALE, AND DELIVERY OF THE PRODUCTS, AND TO PROVIDE THAT NOTHING IN THIS CHAPTER PROHIBITS A PERSON FROM ENGAGING IN THE BUSINESS OF SELLING OR OFFERING FOR SALE HEARING AIDS THROUGH THE MAIL, INTERNET, OR OTHER MEANS TO DISTRIBUTORS, DEALERS, OR SPECIALISTS LICENSED IN THIS STATE.

S. 1086 (Word version) -- Senators Hayes, L. Martin and Sheheen: A BILL TO AMEND SECTION 1-11-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVIDING NOTICE OF A BREACH OF SECURITY OF STATE AGENCY DATA, SO AS TO REQUIRE THAT THE NOTICE DESCRIBE THE BREACH AND PROVIDE CONTACT INFORMATION WHERE ASSISTANCE MAY BE OBTAINED, INCLUDING THE DEPARTMENT OF CONSUMER AFFAIRS, AND TO DELETE A PROVISION ALLOWING AN AGENCY TO ADHERE TO ITS OWN POLICY; AND TO AMEND SECTION 39-1-90, RELATING TO PROVIDING NOTICE OF A BREACH OF SECURITY OF BUSINESS DATA, SO AS TO PROVIDE THE SAME NOTICE REQUIREMENTS AND TO DELETE THE SAME PROVISION.

S. 843 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 59-63-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF STUDENT HARASSMENT, INTIMIDATION, OR BULLYING IN PUBLIC SCHOOLS, SO AS TO PROVIDE A SCHOOL EMPLOYEE OR VOLUNTEER MAY GRATUITOUSLY INTERVENE ON BEHALF OF A STUDENT SUBJECTED TO HARASSMENT, INTIMIDATION, OR BULLYING; AND TO AMEND SECTION 59-63-150, RELATING TO CERTAIN LEGAL IMMUNITIES FOR A SCHOOL EMPLOYEE OR VOLUNTEER WHO REPORTS AN INCIDENT OF STUDENT HARASSMENT, INTIMIDATION, OR BULLYING IN COMPLIANCE WITH DISTRICT POLICY, SO AS TO PROVIDE IMMUNITY FROM CRIMINAL OR CIVIL LIABILITY FOR A SCHOOL EMPLOYEE OR VOLUNTEER WHO IN GOOD FAITH GRATUITOUSLY INTERVENES ON BEHALF OF A STUDENT SUBJECTED TO HARASSMENT, INTIMIDATION, OR BULLYING.

S. 1177 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, OPERATION, AND MAINTENANCE OF WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT CERTAIN ACTS OR CONDUCT THAT ARE PROHIBITED MAY BE ALLOWED BY REGULATION, THAT THESE ACTS OR CONDUCT ARE PROHIBITED ON STATE LAKES AND PONDS OWNED OR LEASED BY THE DEPARTMENT AND HERITAGE PRESERVES OWNED BY THE DEPARTMENT, TO MAKE TECHNICAL CHANGES, AND TO REVISE THE LIST OF ACTS OR CONDUCT THAT ARE PROHIBITED.

S. 1180 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE FOUR PRECINCTS AND ADD TEN NEW VOTING PRECINCTS AND TO DESIGNATE THE MAP ON WHICH THE BOUNDARIES OF YORK COUNTY VOTING PRECINCTS AS REVISED BY THIS ACT MAY BE FOUND.

COMMITTEE AMENDMENT AMENDED AND ADOPTED

READ THE THIRD TIME

S. 890 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 48-39-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS REQUIRED FOR COASTAL ZONE CRITICAL AREAS, SO AS TO DELETE THE EMERGENCY ORDER EXCEPTION TO ORDERS BY APPOINTED OFFICIALS OF COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 48-39-280, RELATING TO THE SHORELINE FORTY-YEAR RETREAT POLICY, SO AS TO PROHIBIT THE SEAWARD MOVEMENT OF THE BASELINE AFTER JULY 1, 2014, AND TO ELIMINATE THE RIGHT OF LOCAL GOVERNMENTS AND LANDOWNERS TO PETITION THE ADMINISTRATIVE LAW COURT TO MOVE THE BASELINE SEAWARD UPON COMPLETION OF A BEACH RENOURISHMENT PROJECT; AND TO AMEND SECTION 48-39-290, AS AMENDED, RELATING TO CONSTRUCTION RESTRICTIONS SEAWARD OF THE BASELINE, EXCEPTIONS TO RESTRICTIONS, AND SPECIAL PERMITS, SO AS TO ELIMINATE THE EXCEPTION OF GOLF COURSES FROM A PERMIT REQUIREMENT AND TO SUBSTITUTE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S COASTAL DIVISION AS THE DIVISION TO CONSIDER APPLICATIONS FOR SPECIAL PERMITS.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.

Motion Under Rule 26B

Senator McELVEEN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Senator CLEARY proposed the following amendment (890R016.REC), which was adopted:

Amend the Committee Amendment, as and if amended, [page 890-1] by striking lines 27-41 and inserting:

/   SECTION   1.   Section 48-39-130(D)(1) of the 1976 Code, is amended to read:

"(1)   The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the department. However, with regard to the beach/dune beach and dune critical area, only the use of sandbags, sandscraping, or renourishment, or a combination of them the following techniques, in accordance with guidelines provided by the department is are allowed pursuant to this item.:

(a)   sandbags, provided that a bond is supplied to reasonably estimate and cover the cost of removal;

(b)   sand scraping;

(c)   renourishment;

(d)   any other technology, methodology, or structure allowed by the board or the Office of Ocean and Coastal Resource Management pursuant to 48-39-320(C), provided that a bond is supplied to reasonably estimate and cover the cost of removal; or

(e)   a combination of these techniques."       /

Amend the Committee Amendment further, as and if amended, page [890-5] by striking line 39 and inserting:

/       (4)   golf courses for repair and maintenance;         /

Amend the Committee Amendment further, as and if amended, page [890-7], by striking line 28 and inserting:

/   discretion, may issue general permits for items (1), (2), and (5)       /

Amend the Committee Amendment further, as and if amended, page [890-7], by striking lines 32-43, and on page [890-8], by striking lines 1-3 and inserting:

/   SECTION   5.   Section 48-39-290(B)(2) of the 1976 Code is amended by adding:

"(f)   Subitem (b) does not apply to an existing erosion control device of at least four thousand contiguous linear feet that is located landward of an area for which the department has granted a permit authorizing a renourishment project that does not qualify for public funding and the permit is active as of the date of the enactment of this provision provided like material is utilized in the repairing, replacing, or rebuilding of the device unless the provisions of Section 48-39-320(C) are not met. The footprint of the replacement device can be no more than two feet from the footprint of the original devices."       /

Amend the committee amendment further, as and if amended, page [890-8], by striking lines 16-23 and inserting an appropriately numbered new SECTION to read:

/   SECTION   ___.   Section 48-39-290(B)(2)(f) of the 1976 Code is repealed effective July 1, 2024.     /

Renumber sections to conform.

Amend title to conform.

Senator CLEARY explained the amendment.

The amendment was adopted.

Senator McELVEEN proposed the following amendment (890R017.JTM), which was adopted:

Amend the committee amendment, as and if amended, by striking SECTION 6 in its entirety and inserting:

/   SECTION   6.   A.   Section 48-39-290(B)(2) of the 1976 Code is amended by adding:

"(f)   Subitem (b) does not apply to an existing erosion control device of at least four thousand contiguous linear feet that is located landward of an area which the department has granted a permit authorizing a renourishment project that does not qualify for public funding and the permit is active as of the date of the enactment of this provision. Subject to approval from the department, like material shall utilized in the repairing, replacing, or rebuilding of the device unless the provisions of Section 48-39-320(C) are not met, and the footprint of the replacement device can be no more than two feet from the footprint of the original device."

B.   The provisions contained in this SECTION are repealed effective July 1, 2017.     /

Renumber sections to conform.

Amend title to conform.

Senator McELVEEN explained the amendment.

The amendment was adopted.

The Committee on Agriculture and Natural Resources proposed the following amendment (890R001.DBV), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

/     SECTION   1.   Section 48-39-130(D)(1) of the 1976 Code, is amended to read:

"(1)   The accomplishment of emergency orders of an appointed official of a county or municipality or of the State, acting to protect the public health and safety, upon notification to the department. However, with regard to the beach/dune beach and dune critical area, only the use of sandbags, sandscraping, or renourishment, or a combination of them the following techniques, in accordance with guidelines provided by the department is are allowed pursuant to this item.:

(a)   sandbags;

(b)   sand scraping;

(c)   renourishment;

(d)   temporary qualified wave dissipation devices; or

(e)   a combination of these techniques."

SECTION   2.   Section 48-39-270 of the 1976 Code is amended by adding a new item at the end to read:

"(14)   A 'qualified wave dissipation device' is a device that:

(a)   is placed mostly parallel to the shoreline;

(b)   is designed to dissipate wave energy;

(c)   is designed to minimize scouring seaward of and adjacent to the device by permitting sand to move landward and seaward through the device;

(d)   can be deployed within seventy-two hours or less and can be removed within seventy-two hours or less;

(e)   does not negatively impact or inhibit sea turtle nesting or other fauna;

(f)   can be adjusted after initial deployment in response to fluctuations in beach elevations; and

(g)   has been determined by a study conducted pursuant to research activities of state agencies or educational institutions under section 48-39-130(D)(2) to comply with the above sections and otherwise prevent down-coast erosion, protect property, and limit negative impacts on public safety and welfare, beach access, and the health of the beach dune system. Any such study performed outside the State of South Carolina must be submitted to the Ocean & Coastal Resource Management Division of the department for review and shall undergo a thirty day public comment period.

A qualified wave dissipation device is not an erosion control structure or device."

SECTION   3.   Section 48-39-280 of the 1976 Code is amended to read:

"Section 48-39-280.   (A)   A forty-year policy of retreat from the shoreline is established. The department must shall implement this policy and must utilize the best available scientific and historical data in the implementation. The department must shall establish a baseline which that parallels the shoreline for each standard erosion zone and each inlet erosion zone. Subject to Section 48-39-290(D), the baseline established pursuant to this section must not move seaward from its position on July 1, 2014.

(1)   The baseline for each standard erosion zone is established at the location of the crest of the primary oceanfront sand dune in that zone. In standard erosion zones in which the shoreline has been altered naturally or artificially by the construction of erosion control devices, groins, or other manmade alterations, the baseline must be established by the department using the best scientific and historical data, as where the crest of the primary oceanfront sand dunes for that zone would be located if the shoreline had not been altered.

(2)   The baseline for inlet erosion zones that are not stabilized by jetties, terminal groins, or other structures must be determined by the department as the most landward point of erosion at any time during the past forty years, unless the best available scientific and historical data of the inlet and adjacent beaches indicate that the shoreline is unlikely to return to its former position. In collecting and utilizing the best scientific and historical data available for the implementation of the retreat policy, the department, as part of the State Comprehensive Beach Management Plan provided for in this chapter, among other factors, must shall consider, among other factors: historical inlet migration, inlet stability, channel and ebb tidal delta changes, the effects of sediment bypassing on shorelines adjacent to the inlets, and the effects of nearby beach restoration projects on inlet sediment budgets.

(3)   The baseline within inlet erosion zones that are stabilized by jetties, terminal groins, or other structures must be determined in the same manner as provided for in item (1). However, the actual location of the crest of the primary oceanfront sand dunes of that erosion zone is the baseline of that zone, not the location if the inlet had remained unstabilized.

(4)   Notwithstanding any other provision of this section, where a department-approved beach nourishment project has been completed, the local government or the landowners, with notice to the local government, may petition an administrative law judge to move the baseline as far seaward as the landward edge of the erosion control structure or device or, if there is no existing erosion control structure or device, then as far seaward as the post project baseline as determined by the department in accordance with Section 48-39-280(A)(1) by showing that the beach has been stabilized by department-approved beach nourishment. If the petitioner is asking that the baseline be moved seaward pursuant to this section, he must show an ongoing commitment to renourishment which will stabilize and maintain the dry sand beach at all stages of the tide for the foreseeable future. If the administrative law judge grants the petition to move the baseline seaward pursuant to this section, no new construction may occur in the area between the former baseline and the new baseline for three years after the initial beach nourishment project has been completed as determined by the department. If the beach nourishment fails to stabilize the beach after a reasonable period of time, the department must move the baseline landward to the primary oceanfront sand dune as determined pursuant to items (1), (2), and (3) for that section of the beach. Any appeal of an administrative law judge's decision under this section may be made pursuant to Title 23 of Chapter 1.

(B)   To implement the retreat policy provided for in subsection (A), a setback line must be established landward of the baseline a distance which that is forty times the average annual erosion rate or not less than twenty feet from the baseline for each erosion zone based upon the best historical and scientific data adopted by the department as a part of the State Comprehensive Beach Management Plan.

(C)   The department, before July 3, 1991, must shall establish a final baseline and setback line for each erosion zone based on the best available scientific and historical data as provided in subsection (B) and with consideration of public input. The baseline and setback line must not be revised before July 1, 1998, nor later than July 1, 2000. After that revision, the baseline and setback line must be revised not less than every eight years but not more than every ten years after each preceding revision. Nothing in this section allows the seaward movement of the baseline after July 1, 2014. In the establishment and revision of the baseline and setback line, the department must shall transmit and otherwise make readily available to the public all information upon which its decisions are based for the establishment of the final baseline and setback line. The department must shall hold one public hearing before establishing the final baseline and setback lines. Until the department establishes new baselines and setback lines, the existing baselines and setback lines must be used. The department may stagger the revision of the baselines and setback lines of the erosion zones so long as every zone is revised in accordance with the time guidelines established in this section.

(D)   In order to locate the baseline and the setback line pursuant to subsections (A), (B), and (C), the department must shall establish monumented and controlled survey points in each county fronting the Atlantic Ocean. The department must shall acquire sufficient surveyed topographical information on which to locate the baseline. Surveyed topographical data typically must be gathered at two thousand foot intervals. However, in areas subject to significant near-term development and in areas currently developed, the interval, at the discretion of the department, may be more frequent. The resulting surveys must locate the crest of the primary oceanfront sand dunes to be used as the baseline for computing the forty-year erosion rate. In cases where no primary oceanfront sand dunes exist, a study conducted by the department is required to determine where the upland location of the crest of the primary oceanfront sand dune would be located if the shoreline had not been altered. The department, by regulation, may exempt specifically described portions of the coastline from the survey requirements of this section when, in its judgment, the portions of coastline are not subject to erosion or are not likely to be developed by virtue of local, state, or federal programs in effect on the coastline which would preclude significant development, or both.

(E)   A landowner claiming ownership of property affected who feels that the final or revised setback line, baseline, or erosion rate as adopted is in error, upon submittal of substantiating evidence, must be granted a review of the setback line, baseline, or erosion rate, or a review of all three. The requests must be forwarded to the department board in accordance with Section 44-1-60, and the final decision of the board may be appealed to the Administrative Law Court, as provided in Chapter 23, of Title 1."

SECTION   4.   Section 48-39-290(A) of the 1976 Code, as last amended by Act 259 of 2011, is further amended to read:

"Section 48-39-290.   (A)   No new construction or reconstruction is allowed seaward of the baseline except:

(1)   wooden walkways no larger in width than six feet in width;

(2)   small wooden decks no larger than one hundred forty-four square feet;

(3)   fishing piers and associated amenity structures which are open to the public. Those fishing piers with their associated amenity structures including, but not limited to, baitshops, restrooms, restaurants, and arcades, which existed September 21, 1989, may be rebuilt if they are constructed to the same dimensions and utilized for the same purposes and remain open to the public. In addition, those fishing piers with their associated amenity structures which that existed on September 21, 1989, and that were privately owned, privately maintained, and not open to the public on this that date also may be rebuilt and used for the same purposes if they are constructed to the same dimensions;

(4)   golf courses qualified wave dissipation devices;

(5)   normal landscaping, sandfencing, revegetation of dunes, minor beach renourishment and dune construction;

(6)   structures specifically permitted by special permit as provided in subsection (D);

(7)   pools, may be reconstructed if they are landward of an existing, functional erosion control structure or device;

(8)   existing groins, which may be reconstructed, repaired, and maintained. New groins may only be allowed only on beaches that have high erosion rates with erosion threatening existing development or public parks. In addition to these requirements, new groins may be constructed, and existing groins may be reconstructed, only in furtherance of an ongoing beach renourishment effort which meets the criteria set forth in regulations promulgated by the department and in accordance with the following:

(a)   The applicant shall institute a monitoring program for the life of the project to measure beach profiles along the groin area and adjacent and downdrift beach areas sufficient to determine erosion/accretion rates. For the first five years of the project, the monitoring program must include, but is not necessarily limited to:

(i)     establishment of new monuments;

(ii)   determination of the annual volume and transport of sand; and

(iii)   annual aerial photographs.

Subsequent monitoring requirements must be based on results from the first five-year report.

(b)   Groins may only be permitted only after thorough analysis demonstrates that the groin will not cause a detrimental effect on adjacent or downdrift areas. The applicant shall provide a financially binding commitment, such as a performance bond or letter of credit that is reasonably estimated to cover the cost of reconstructing or removing the groin and/or restoring the affected beach through renourishment pursuant to subitem (c).

(c)   If the monitoring program established pursuant to subitem (a) shows an increased erosion rate along adjacent or downdrift beaches that is attributable to a groin, the department must shall require either that the groin be reconfigured so that the erosion rate on the affected beach does not exceed the preconstruction rate, that the groin be removed, and/or that the beach adversely affected by the groin be restored through renourishment.

(d)   Adjacent and downdrift communities and municipalities must be notified by the department of all applications for a groin project.

(e)   Nothing in the this section shall be construed to create creates a private cause of action, but nothing in this section shall be construed to limit or limits a cause of action under recognized common law or other statutory theories. The sole remedies, pursuant to this section, are:

(i)     the reconstruction or removal of a groin; and/or

(ii)   restoration of the adversely affected beach and adjacent real estate through renourishment pursuant to subitem (c), or both.

An adjacent or downdrift property owner that who claims a groin has caused or is causing an adverse impact shall notify the department of such the impact. The department shall render an initial determination within sixty days of such notification. Final agency action shall must be rendered within twelve months of notification. An aggrieved party may appeal the decision pursuant to the Administrative Procedures Act.

A permit must be obtained from the department for items (2) through (8). However, no permit is required under pursuant to this chapter for associated amenity structures constructed on fishing piers if local governmental bodies having responsibility for the planning and zoning authorize construction of those amenity structures. Associated amenity structures do not include those employed as overnight accommodations or those consisting of more than two stories above the pier decking. Associated amenity structures, excluding restrooms, handicapped access features, and observation decks, may occupy no more than thirty-five percent of the total surface area of the fishing pier or be constructed at a location further seaward than one-half of the length of the fishing pier as measured from the baseline. The department, in its discretion, may issue general permits for items (1), (2), and (6) where issuance of the general permit would advance the implementation and accomplishment of the goals and purposes contained in Sections 48-39-250 through 48-29-360."

SECTION   5.   Section 48-39-290(B)(1)(b)(v) of the 1976 Code is amended to read:

"(v)   Replacement of habitable structures destroyed beyond repair due to manmade causes is allowed provided the rebuilt structure is no larger than the original structure it replaces and is constructed as far landward as possible, but the new structure must not be farther seaward than the original structure."

SECTION   6.   Section 48-39-290(B)(2) of the 1976 Code by adding:

"(f)   Subitem (b) does not apply to an existing erosion control device of at least four thousand contiguous linear feet that is located landward of an area which the department has granted a permit authorizing a renourishment project that does not qualify for public funding and the permit is active as of the date of the enactment of this provision."

SECTION   7.   Section 48-39-290(D)(2) of the 1976 Code is amended to read:

"(2)   The department's Permitting Committee Coastal Division is the committee to shall consider applications for special permits."

SECTION   8.   Section 48-39-320 of the 1976 Code is amended by adding a new subsection to read:

"(C)   The board, upon the recommendation of the Office of Ocean and Coastal Resource Management, may allow the use of any technology, methodology, or structures, whether or not referenced in this chapter, if it is anticipated that the action will be successful in addressing an erosional issue in a beach area."

SECTION   9.   Chapter 39, Title 48 of the 1976 Code is amended by adding:

"Section 48-39-135.   Golf courses seaward of the baseline that existed prior to the effective date of the regulations promulgated in 1991 pursuant to the Beachfront Management Act may be protected under emergency orders issued or approved by the department using the same methodology that is used to protect structures pursuant to emergency orders."

SECTION   10.   This act takes effect upon approval by the Governor; however, Section 48-39-130, as amended, remains subject to the repeal provision pursuant to Section 5, Act 41 of 2011./

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 37; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campsen
Cleary                    Corbin                    Courson
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 Peeler
Scott                     Setzler                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Total--0

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 3125 (Word version) -- Reps. Hodges, M.S. McLeod, Mitchell, Whipper, R.L. Brown, Hiott, Toole, Hardee, Cobb-Hunter, Dillard and Robinson-Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "MICROENTERPRISE DEVELOPMENT ACT" BY ADDING CHAPTER 55 TO TITLE 11 SO AS TO PROVIDE THAT THE DEPARTMENT OF COMMERCE SHALL ESTABLISH THE MICROENTERPRISE PARTNERSHIP PROGRAM TO PROMOTE AND FACILITATE THE DEVELOPMENT OF MICROENTERPRISES IN THIS STATE AND TO DEFINE "MICROENTERPRISE" AS A BUSINESS, WHETHER NEW OR EXISTING, INCLUDING STARTUP, HOME-BASED, AND SELF EMPLOYMENT, WITH FIVE OR FEWER EMPLOYEES; TO PROVIDE THAT THE DEPARTMENT SHALL AWARD GRANTS TO COMMUNITY ORGANIZATIONS TO MAKE LOANS AND DEVELOP LOAN SOURCES; TO ESTABLISH CRITERIA TO BE CONSIDERED IN AWARDING GRANTS; TO PROVIDE THAT APPROPRIATED FUNDS MAY BE AWARDED AS A GRANT TO MICROLOAN DELIVERY ORGANIZATIONS AND THAT SUCH GRANTS MUST BE MATCHED BY NONSTATE FUNDS; TO PROVIDE THE PURPOSE FOR WHICH GRANT FUNDS MAY BE EXPENDED; TO PROVIDE CERTAIN PROVISIONS THAT MUST BE IN A CONTRACT BETWEEN THE DEPARTMENT AND A STATEWIDE MICROLENDING SUPPORT ORGANIZATION; AND TO REQUIRE THE STATE TO SUBMIT AN ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (BH\3125C002.BH.DG14), which was adopted:

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

/   SECTION   1.     A.     Title 11 of the 1976 Code is amended by adding:

  "CHAPTER 55

Microenterprise Development

Section 11-55-10.   This chapter may be cited as the 'Microenterprise Development Act'.

Section 11-55-20.   As used in this chapter:

(1)   'Department' means the Department of Commerce.

(2)   'Financial institution' means an organization authorized to do business under state or federal laws relating to financial institutions.

(3)   'Microenterprise' means any business, whether new or existing, with five or fewer employees, including startup, home-based, and self-employed businesses.

(4)   'Microloan' means any business loan up to twenty-five thousand dollars.

(5)   'Microloan delivery organization' means a community-based or nonprofit program that has developed a viable plan for providing training, access to financing, and technical assistance for microenterprises.

(6)   'Operating costs' means the costs associated with administering a loan or a loan guaranty, administering a revolving loan program, or providing for business training and technical assistance to a microloan recipient.

(7)   'Program' means the Microenterprise Partnership Program.

(8)   'Statewide microlending support organization' means a community-based or nonprofit organization that has a demonstrated capacity and a plan for providing and administering grants or loans to microloan delivery organizations.

Section 11-55-30.   The purposes of this chapter are to:

(1)   better ensure that South Carolina's microenterprises are able to realize their full potential to create jobs, enhance entrepreneurial skills and activity, and increase the capacity of low-income households to become self-sufficient; and

(2)   facilitate the development of a permanent infrastructure of statewide microlending support organizations to serve the microenterprise and self-employment sectors.

Section 11-55-40.   The Department of Commerce shall establish the Microenterprise Partnership Program to coordinate and facilitate the development of microlending and microenterprises in this State and:

(1)   shall secure funding to provide grants to microloan delivery organizations for the development and financing of microenterprises, including identifying and coordinating private and federal sources of funds that may be available to the department to enhance the state's ability to facilitate program grants;

(2)   may engage in contractual relationships with statewide microlending support organizations to assist with the administration of this program, including awarding and overseeing grants.

Section 11-55-50.   In developing criteria for awarding grants to microloan delivery organizations, the department shall consider the organization's:

(1)   plan for providing business development services and microloans to microenterprises;

(2)   plan for securing loan assistance from financial institutions;

(3)   plan for coordinating the services and loans provided by the microloan delivery organization with loans from financial institutions;

(4)   scope of services to be provided;

(5)   ability to provide business development in areas of chronic economic distress and low-income regions of the State;

(6)   area of the State to be served, with consideration being given to achieving equitable geographic distribution in awarding grants to areas of the State in need, including rural and urban communities and neighborhoods;

(7)   ability to provide business training and technical assistance to microenterprise clients;

(8)   ability to monitor and provide financial oversight of microloan recipients; and

(9)   sources and sufficiency of operating funds.

Section 11-55-60.   Authorized funds may be awarded as a grant to a microloan delivery organization if:

(1)   the authorized funds granted are matched by the microloan delivery organization with nonstate funds equivalent in money or in kind equal to one dollar for each one dollar of the grant funds requested. These matching funds may be secured from any nonstate source, including private foundations, federal or local government sources, quasi-governmental entities, or financial institutions or from any other entity whose funding source does not include funds appropriated by the General Assembly; and

(2)   at least fifty percent of microloan funds are disbursed by the microloan delivery organization in microloans that do not exceed ten thousand dollars.

Section 11-55-70.   A grant made by the department to a microloan delivery organization may be used to:

(1)   satisfy matching fund requirements for other federal or private grants;

(2)   establish a revolving loan fund from which the microloan delivery organization may make loans to microenterprises;

(3)   establish a guaranty fund from which the microloan delivery organization may guarantee loans made by financial institutions to microenterprises; and

(4)   provide funding for the operating costs of a microloan delivery organization.

Section 11-55-80.   If the department enters into a contractual relationship with a statewide microlending support organization, the contract must state that:

(1)   authorized funds granted to the statewide microlending support organization must be matched by the organization with nonstate funds equivalent in money or in kind equal to one dollar for each one dollar of the grant funds requested; these matching funds may be secured from any nonstate source, including private foundations, federal or local government sources, quasi-governmental entities, or financial institutions or any other entity whose funding source does not include funds appropriated by the General Assembly;

(2)   if awarding grants, the statewide microlending support organization shall award and administer the grants in accordance with the purposes of and in compliance with this chapter; and

(3)   no greater than ten percent of authorized or contracted funds may be used for operating or administering the grant program.

Section 11-55-90.   The department shall submit an annual report to the Governor and the General Assembly before January first of each year that must include, but is not limited to, the demand for grants and a description of the type of applicants who have sought grants from the Microenterprise Partnership Program, a list of the recipients, the amount of each grant awarded and the intended purpose of each grant, the impact of grants awarded, which may include information from previous years, a number and description of the partnerships between financial institutions and microloan delivery organizations that have resulted from grants made to microloan delivery organizations, and an evaluation of the program's performance based on the purposes of this chapter.

Section 11-55-100.     The department shall promulgate regulations to carry out the provisions of this chapter."

B.     This SECTION takes effect January 1, 2014.

SECTION   2.   (A)   There is established a Clean Energy Industry Manufacturing Market Development Advisory Commission to assist in the development of clean energy technology, materials, and products manufactured in this State.

(B)   The commission is composed of fourteen members. The Secretary of the South Carolina Department of Commerce, or the secretary's designee, and the Director of the State Energy Office, or the director's designee, shall serve on the commission and the Secretary of Commerce shall appoint one member representative from each of the following:

(1)   advanced vehicle technology industry;

(2)   alternative transportation fuels industry;

(3)   battery manufacturing industry;

(4)   biomass energy industry;

(5)   energy efficiency industry;

(6)   higher education research institution's incubation and business development department;

(7)   hydroelectric industry;

(8)   hydrogen storage or fuel cell industry;

(9)   solar manufacturing industry;

(10)   S.C. Technical College System's clean energy workforce development department;

(11)   utility industry; and

(12)   wind components manufacturing industry.

(C)   Appointed members serve at the pleasure of their appointing authority and without compensation or expenses.

(D)   The commission must meet as soon as practicable after appointment and organize itself. The chairman must be designated by the Secretary of Commerce and the commission shall select its own vice chairman and adopt those procedures necessary for its operations. A majority of the members constitutes a quorum to do business. As necessary, the Secretary of Commerce may expend public funds and may solicit, receive, and expend private funds from any relevant sources and entities in order to carry out the commission's purposes. The Secretary of Commerce, on behalf of the commission, may utilize department staff or engage consultants as may be necessary and prudent to assist the commission in the performance of its duties and responsibilities; however, the Secretary of Commerce may not expend more than one hundred thousand dollars in the aggregate to engage consultants. Also, the Department of Commerce may seek the assistance of the staff of the State Energy Office, as necessary.

(E)   Not later than December 31, 2014, the commission shall provide to the Governor and the General Assembly an initial report which must include, to the extent possible, the following:

(1)   a description and analysis of this state's existing clean energy manufacturing industry;

(2)   an analysis of job development potential for clean energy manufacturing in this State, including the expected composition of the jobs as full- or part-time, and the potential wages for such jobs;

(3)   an analysis of market potential in this State, in other states, or in foreign countries for technology, materials, and products manufactured by a clean energy industry from this State;

(4)   recommendations for actions which may be taken to provide incentives for manufacturing or operation of clean energy technology, materials, and products from this State. These recommendations must contain an analysis of existing incentives, including, but not limited to, those incentives provided for in Sections 12-6-3377, 12-6-3588, 12-6-3600, and 12-6-3610, the effectiveness or lack thereof, and whether any incentives should be amended or repealed. If the commission recommends additional incentives, the commission must forward its recommendation to the Board of Economic Advisors to prepare a revenue impact statement;

(5)   an analysis of incentives offered by neighboring and other states for the manufacturing or operation of clean energy technology, materials, and products;

(6)   recommendations on categories of clean energy markets that should be developed in this State and benchmarks to increase clean energy manufacturing in this State; and

(7)   recommendations for marketing and public education programs that should be implemented by economic development entities to provide information to the public and to business and industry on the benefits of investment in the clean energy manufacturing industry in this State. Any such recommendations shall include a fiscal impact statement from the Office of State Budget.

(F)   The commission shall issue a final report by September 30, 2015. The final report must include all the items required by subsection (E) and any revisions to the initial report. Following the submission of its final report, and unless authorized by a further or subsequent enactment, the commission is dissolved. The General Assembly may extend the date by which the commission must provide its reports.

(G)   The dissolution of the commission must not be construed so as to restrict the Secretary of Commerce from appointing an advisory council pursuant to Section 13-1-40 on matters similar to the jurisdiction of the Clean Energy Industry Manufacturing Market Development Advisory Commission.

SECTION   3.   Except as provided otherwise, this act takes effect upon approval by the Governor.       /

Renumber sections to conform.

Amend title to conform.

Senator O'DELL explained the committee amendment.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 32; Nays 7

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Cromer                    Fair
Gregory                   Grooms                    Hayes
Hembree                   Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Massey                    Matthews                  McElveen
McGill                    Nicholson                 O'Dell
Peeler                    Reese                     Scott
Setzler                   Sheheen                   Turner
Verdin                    Williams

Total--32

NAYS

Bright                    Bryant                    Corbin
Davis                     Martin, Shane             Thurmond
Young

Total--7

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4561 (Word version) -- Reps. Hixon, King, Hodges, Simrill, Huggins, Ballentine, Brannon, Hiott, Hardwick, Bales, Knight, Clyburn, Southard, Tallon, Skelton, Erickson, Sottile, Limehouse, Stavrinakis, McCoy, Parks, Crosby, Anthony, Mitchell, Bowen, H.A. Crawford, Robinson-Simpson, Toole, Kennedy, Patrick, Bowers, Atwater, Bedingfield, Williams, M.S. McLeod, G.R. Smith, George, Putnam, Allison, Burns, Chumley, Clemmons, Cobb-Hunter, Daning, Delleney, Dillard, Edge, Felder, Forrester, Funderburk, Gagnon, Hamilton, Hardee, Hart, Hayes, Henderson, Horne, Hosey, Jefferson, Loftis, Long, Lowe, Lucas, W.J. McLeod, V.S. Moss, Murphy, Newton, Norman, Owens, Pitts, Pope, Ridgeway, Riley, Rutherford, Sabb, Sandifer, J.R. Smith, Taylor, Thayer, Wells, White, Whitmire, Willis, Wood and R.L. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES TO ENTER INTO THE INTERSTATE BOATING VIOLATOR COMPACT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.

The Committee on Fish, Game and Forestry proposed the following amendment (4561R001.GEC), which was adopted:

Amend the bill, as and if amended, page 5, by striking line 29 and inserting:

/   the issuing state and shall not require the person to post collateral to   /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the committee amendment.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Jackson                   Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 O'Dell
Peeler                    Reese                     Scott
Setzler                   Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4643 (Word version) -- Rep. Sandifer: A BILL TO REPEAL SECTION 40-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 40-67-50 BOTH RELATING TO CERTAIN PROFESSIONAL LICENSING FEES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Committee on Labor, Commerce and Industry proposed the following amendment (4643R001.TCA), which was adopted:

Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:

/   SECTION   2.   This act takes effect July 1, 2014.       /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 39; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Johnson                   Leatherman
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 O'Dell
Peeler                    Scott                     Setzler
Sheheen                   Thurmond                  Turner
Verdin                    Williams                  Young

Total--39

NAYS

Total--0

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 988 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 27-2-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE SOUTH CAROLINA GEODETIC SURVEY (SCGS) WITH RESPECT TO DETERMINING COUNTY BOUNDARIES, SO AS TO AUTHORIZE AND DIRECT THE SCGS TO CLARIFY COUNTY BOUNDARIES AND MEDIATE BOUNDARY DISPUTES BETWEEN COUNTIES BY PROVIDING A PROCEDURE ALLOWING THE SCGS ADMINISTRATIVELY TO ADJUST COUNTY BOUNDARIES, TO PROVIDE THE PROCEDURES INCLUDING NOTICE THAT SCGS MUST FOLLOW IN MAKING SUCH ADJUSTMENTS, TO PROVIDE THAT AFFECTED PARTIES MAY APPEAL THESE ADJUSTMENTS TO THE ADMINISTRATIVE LAW COURT IN A DE NOVO HEARING, TO PROVIDE THE METHOD OF DETERMINING THE EFFECTIVE DATE OF THESE ADMINISTRATIVE COUNTY BOUNDARY ADJUSTMENTS AND THE NOTICE REQUIREMENTS FOR THESE ADJUSTMENTS TO BE EFFECTIVE AND TO PROVIDE THAT NOTHING CONTAINED IN THIS ADMINISTRATIVE PROCESS RESTRICTS THE AUTHORITY OF THE GENERAL ASSEMBLY BY LEGISLATIVE ENACTMENT TO ADJUST OR OTHERWISE CLARIFY COUNTY BOUNDARIES BY LEGISLATIVE ENACTMENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

The Committee on Judiciary proposed the following amendment (JUD0988.002), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 15 through 24, in Section 27-2-105(B)(1), as contained in SECTION 2, and inserting therein the following:

/     (B)(1)   An affected party disagreeing with a boundary certified by the SCGS may file a request for a contested case hearing with the South Carolina Administrative Law Court according to the court's rules of procedure. An affected party has sixty calendar days from the date of a written notice sent to the affected party to file an appeal with the Administrative Law Court.     /

Amend the bill further, as and if amended, by striking lines 41 and 42 on page 3 and striking lines 1 and 2 on page 4, in Section 27-2-105(B)(4), as contained in SECTION 2, and inserting therein the following:

/       (4)   The decision of the Administrative Law Court may be appealed as provided in Section 1-23-610.   /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the committee amendment.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Scott                     Setzler                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

H. 4646 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A BILL TO AMEND SECTION 59-48-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE GOVERNORS SCHOOL FOR SCIENCE AND MATHEMATICS, SO AS TO PROVIDE A PROVOST OR VICE PRESIDENT OF ACADEMIC AFFAIRS WHO MUST SERVE AS AN EX OFFICIO MEMBER MAY DESIGNATE A PERSON TO SERVE IN HIS PLACE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.

The Committee on Education proposed the following amendment (MS\4646C001.MS.AB14), which was adopted:

Amend the bill, as and if amended, by deleting SECTION 1 in its entirety and inserting:

/ SECTION   1.   Section 59-48-20, as last amended by Act 176 of 2012, is further amended to read:

"Section 59-48-20.   (A)(1)   The school is under the management and control of a board of trustees consisting of eleven members, as follows:

(1)(a)   one member from each congressional district appointed by the Governor;

(2)(b)   two members appointed from this State at large appointed by the Governor;

(3)(c)   the State Superintendent of Education, ex officio, or his designee;

(4)(d)   the Executive Director of the Commission on Higher Education, ex officio, or his designee.

(2)   Members appointed by the Governor shall serve for four years and until their successors are appointed and qualify, except that of those first appointed, the members representing the First, Second, and Third Congressional Districts and one at-large member shall serve for two years and until their successors are appointed and qualify. Members shall receive mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions.

(3)   In his appointments, the Governor shall seek to obtain the best qualified persons from the business, industrial, and educational communities, including mathematicians and scientists.

The board of trustees shall explore use of the facilities of Coker College for the school's campus.

(B)   The board of trustees of the Special School of Science and Mathematics shall also shall include the following six additional members:

(1)   the President of the South Carolina Governor's School of Science and Mathematics Foundation, Inc., to serve ex officio;

(2)   the provost or vice president for academic affairs from each of the following higher education research institutions, to serve ex officio, or his designee:

(a)   Clemson University;

(b)   the University of South Carolina; and

(c)   the Medical University of South Carolina; and

(3)   two members appointed from the State at large appointed by the Governor to serve for terms of four years each and until their successors are appointed and qualify. Vacancies shall must be filled by appointment in the manner of original appointment for the remainder of the unexpired term.

(C)   An ex officio member who is authorized to designate a person to serve on the board in his stead only may make the designation if he intends for the designee to serve continuously instead of intermittently with himself or another designee." /

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 38; Nays 1

AYES

Alexander                 Allen                     Bennett
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Leatherman
Lourie                    Malloy                    Martin, Larry
Martin, Shane             Massey                    Matthews
McElveen                  McGill                    Nicholson
Peeler                    Scott                     Setzler
Thurmond                  Turner                    Verdin
Williams                  Young

Total--38

NAYS

Bright

Total--1

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME

S. 1189 (Word version) -- Senators Gregory, Reese, McElveen, Hembree, Hutto, Lourie, Campsen, Cleary, Allen, Shealy, O'Dell, Campbell, Cromer, Hayes, Verdin, Sheheen, L. Martin and Kimpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ADD CHAPTER 39 TO TITLE 58, SO AS TO PROVIDE FOR A SOUTH CAROLINA DISTRIBUTED ENERGY RESOURCE PROGRAM, TO DEFINE CERTAIN TERMS, TO SET GOALS FOR THE PROGRAM, AND TO PROVIDE FOR THE PROCESS AND IMPLEMENTATION OF THE PROGRAM, INCLUDING THE APPLICATION AND APPROVAL PROCESS FOR THE PROGRAM AND COST RECOVERY; TO ADD CHAPTER 40 TO TITLE 58 SO AS TO PROVIDE FOR A NET ENERGY METERING PROGRAM, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR THE REQUIREMENTS FOR THE NET ENERGY METERING PROGRAM, INCLUDING COSTS AND THE RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF PURSUANT TO THIS PROGRAM; TO ADD ARTICLE 23 TO CHAPTER 27, TITLE 58, SO AS TO PROVIDE FOR THE LEASE OF RENEWABLE ELECTRIC GENERATION FACILITIES PROGRAM, TO DEFINE CERTAIN TERMS, TO PROVIDE FOR THE REQUIREMENTS OF THE LEASE PROGRAM, INCLUDING AN APPLICATION PROCESS AND REGISTRATION WITH THE OFFICE OF REGULATORY STAFF AND PENALTIES FOR VIOLATIONS OF THE LEASE PROGRAM; TO REQUIRE THE OFFICE OF REGULATORY STAFF TO REPORT TO THE PUBLIC SERVICE COMMISSION ON COSTS AND CHARGES ATTRIBUTABLE TO DISTRIBUTED ENERGY RESOURCES WITHIN CURRENT COSTS OF SERVICE RATE MAKING METHODOLOGIES; TO REQUIRE THE PUBLIC SERVICE COMMISSION TO PROMULGATE STANDARDS FOR RENEWABLE ENERGY FACILITY INTERCONNECTION; TO REQUIRE EACH DISTRIBUTION ELECTRIC COOPERATIVE BOARD TO CONSIDER NET ENERGY METERING POLICIES AND MAKE A REPORT TO THE OFFICE OF REGULATORY STAFF; TO REQUIRE EACH ELECTRIC COOPERATIVE TO INVESTIGATE THE RELATIONSHIP BETWEEN COSTS AND CHARGES ATTRIBUTABLE TO DISTRIBUTED ENERGY RESOURCES WITHIN CURRENT COST OF SERVICE RATEMAKING METHODOLOGIES AND REPORT ITS FINDINGS WITH THE OFFICE OF REGULATORY STAFF.

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

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

  Ayes 37; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hembree                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McGill                    Nicholson
O'Dell                    Peeler                    Reese
Scott                     Setzler                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Total--0

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

Recorded Vote

Senator HAYES desired to be recorded as voting in favor of the second reading of the Bill.

READ THE SECOND TIME

H. 4921 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2014-2015 SCHOOL YEAR FOR RETIRED TEACHERS WHO ARE NOT PARTICIPANTS IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM.

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

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 O'Dell
Peeler                    Reese                     Scott
Setzler                   Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

READ THE SECOND TIME

S. 897 (Word version) -- Senator Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-723 SO AS TO PROVIDE THAT A PERSON WHO RETIRES FROM A SOLICITOR'S OFFICE MAY PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS REGARDLESS OF WHETHER THE COUNTY IN WHICH HE IS EMPLOYED AT THE TIME OF HIS RETIREMENT PARTICIPATES IN THESE PLANS, AMONG OTHER THINGS, AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2012.

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

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

Ayes 30; Nays 6; Present 1

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Cleary
Coleman                   Corbin                    Courson
Cromer                    Davis                     Grooms
Hembree                   Johnson                   Leatherman
Lourie                    Martin, Larry             Matthews
McElveen                  McGill                    Nicholson
O'Dell                    Peeler                    Reese
Scott                     Setzler                   Sheheen
Turner                    Verdin                    Williams

Total--30

NAYS

Bright                    Bryant                    Martin, Shane
Massey                    Thurmond                  Young

Total--6

PRESENT

Malloy

Total--1

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

Recorded Vote

Senator HAYES desired to be recorded as voting in favor of the second reading of the Bill.

READ THE SECOND TIME

S. 1219 (Word version) -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-57 SO AS TO PROVIDE THAT NOTWITHSTANDING ANOTHER PROVISION OF LAW, SCHOOL DISTRICTS UNIFORMLY MAY NEGOTIATE SALARIES BELOW THE SCHOOL DISTRICT SALARY SCHEDULE FOR THE 2014-2015 SCHOOL YEAR FOR RETIRED TEACHERS WHO ARE NOT PARTICIPANTS IN THE TEACHER AND EMPLOYEE RETENTION INCENTIVE PROGRAM, AND TO EXTEND THIS NEGOTIATION OPTION TO SCHOOL DISTRICTS THROUGH JULY 1, 2020.

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

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

  Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Johnson                   Leatherman                Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    Matthews                  McElveen
McGill                    Nicholson                 O'Dell
Peeler                    Reese                     Scott
Setzler                   Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

READ THE SECOND TIME

H. 4578 (Word version) -- Reps. Sandifer, Toole, Rivers, Erickson and Long: A BILL TO AMEND SECTION 23-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "APPROVED INSPECTION AGENCY" TO REQUIRE THAT AN APPROVED INSPECTION AGENCY RETAIN A BUILDING CONSTRUCTION-ORIENTED ENGINEER OR ARCHITECT TO ENSURE COMPLIANCE; AND TO AMEND SECTION 23-43-90, RELATING TO INSPECTION AND CERTIFICATION OF A MODULAR BUILDING, SO AS TO PROVIDE THAT FINAL PLAN APPROVAL FOR A SINGLE FAMILY RESIDENTIAL MODULAR BUILDING BE PERFORMED BY AN APPROVED INSPECTION AGENCY, AND TO PROVIDE THAT FINAL APPROVAL FOR A COMMERCIAL MODULAR BUILDING BE PERFORMED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

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

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

  Ayes 39; Nays 0

AYES

Alexander                 Allen                     Bright
Bryant                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Cromer                    Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Reese                     Scott                     Setzler
Sheheen                   Thurmond                  Turner
Verdin                    Williams                  Young

Total--39

NAYS

Total--0

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

READ THE SECOND TIME

H. 4993 (Word version) -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-125 SO AS TO DESIGNATE THE THIRD SATURDAY IN SEPTEMBER AS "AYNOR HARVEST HOE-DOWN FESTIVAL WEEKEND".

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

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

  Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Scott                     Setzler                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

READ THE SECOND TIME

S. 1233 (Word version) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4453, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

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

Ayes 40; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Bryant                    Campbell
Campsen                   Cleary                    Coleman
Corbin                    Courson                   Cromer
Davis                     Fair                      Gregory
Grooms                    Hayes                     Hembree
Hutto                     Jackson                   Johnson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Scott                     Setzler                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

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

OBJECTION

S. 661 (Word version) -- Senators S. Martin, Bryant, Bright and Grooms: A BILL TO AMEND TITLE 44 OF THE 1976 CODE, RELATING TO HEALTH, TO ENACT THE "AGENDA 21 PROTECTION ACT" BY ADDING CHAPTER 137 TO PROHIBIT THIS STATE AND ITS POLITICAL SUBDIVISIONS FROM ADOPTING AND DEVELOPING ENVIRONMENTAL AND DEVELOPMENTAL POLICIES THAT, WITHOUT DUE PROCESS, WOULD INFRINGE OR RESTRICT THE PRIVATE PROPERTY RIGHTS OF THE OWNER OF THE PROPERTY.

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

Senator HEMBREE objected.

MINORITY REPORT REMOVED

S. 964 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 6-1-320 OF THE 1976 CODE, RELATING TO THE LIMIT ON ANNUAL PROPERTY TAX MILLAGE INCREASES IMPOSED BY POLITICAL SUBDIVISIONS, TO ADD AN EXEMPTION FOR MILLAGE IMPOSED BY THE GOVERNING BODY FOR OPERATING REVENUE NECESSARY TO RETAIN A FIRE DEPARTMENT'S ISO RATING.
Senator BRYANT asked unanimous consent to remove his name from the minority report of the Bill.

There was no objection and proper notation was made on the Bill.

MINORITY REPORT REMOVED

H. 3941 (Word version) -- Reps. Sandifer, Harrell, Bannister, Daning, Erickson, Forrester and Gambrell: A BILL TO AMEND SECTION 6-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A POLITICAL SUBDIVISION'S AUTHORITY TO SET A MINIMUM WAGE, SO AS TO ALSO PROHIBIT THE MANDATE OF AN EMPLOYEE BENEFIT.
Senator SCOTT asked unanimous consent to remove his name from the minority report of the Bill.

There was no objection and proper notation was made on the Bill.

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. 3797 (Word version) -- Reps. Sandifer and Erickson: A BILL TO AMEND CHAPTER 90, TITLE 38 TO MAKE VARIOUS CHANGES RELATED TO CAPTIVE INSURANCE COMPANIES.
(ABBREVIATED TITLE)

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

S. 1207 (Word version) -- Medical Affairs Committee: A BILL TO AMEND SECTION 24-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS OF PROBATION, SO AS TO TOLL THE PERIOD DURING PERIODS OF CIVIL COMMITMENT; TO AMEND SECTION 24-21-560, AS AMENDED, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO TOLL THE COMMUNITY SUPERVISION PERIOD DURING PERIODS OF CIVIL COMMITMENT; AND TO AMEND SECTION 24-21-670, RELATING TO PERIODS OF PAROLE, SO AS TO TOLL THE PAROLE PERIOD DURING PERIODS OF CIVIL COMMITMENT.

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

S. 909 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-90-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING CAPTIVE INSURANCE COMPANIES, SO AS TO DEFINE 'RISK RETENTION GROUP'; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO INCLUDE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES FORMED AS A RISK RETENTION GROUP; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO INCLUDE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES FORMED AS A RISK RETENTION GROUP; AND TO AMEND SECTION 38-90-70, AS AMENDED, SECTION 38-90-100, AS AMENDED, SECTION 38-90-110, AS AMENDED, AND SECTION 38-90-160, AS AMENDED, ALL RELATING TO MISCELLANEOUS REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO MAKE CONFORMING PROVISIONS FOR CAPTIVE INSURANCE COMPANIES FORMED AS RISK RETENTION GROUPS AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES FORMED AS RISK RETENTION GROUPS.

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

H. 3191 (Word version) -- Reps. Cole and Tallon: A BILL TO AMEND SECTIONS 56-5-130 AND 56-5-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE TERMS "MOTOR VEHICLE" AND "MOTORCYCLE", SO AS TO PROVIDE THAT MOPEDS ARE MOTOR VEHICLES AND NOT MOTORCYCLES.

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

S. 919 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 43-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FALSE CLAIMS, STATEMENTS, AND REPRESENTATIONS FOR PURPOSES OF QUALIFYING FOR AND RECEIVING PAYMENT FOR AND REIMBURSEMENT OF MEDICAID CLAIMS AND BENEFITS, SO AS TO PROHIBIT ANY PERSON FROM ENGAGING IN THE PROHIBITED CONDUCT AND TO EXPAND OFFENSES AND PENALTIES FOR VIOLATING THE PROVISIONS OF THE ARTICLE; AND TO AMEND SECTION 43-7-90, RELATING TO ENFORCEMENT OF THE ARTICLE, SO AS TO PROVIDE THE ATTORNEY GENERAL, OR A DESIGNEE, ADDITIONAL POWERS.

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

S. 1163 (Word version) -- Senators Young, Lourie, Shealy, L. Martin and Alexander: A BILL TO AMEND SECTION 63-7-940 OF THE 1976 CODE, RELATING TO THE USE OF UNFOUNDED ABUSE AND NEGLECT CASE INFORMATION AND SECTION 63-7-1990, RELATING TO THE CONFIDENTIALITY AND RELEASE OF RECORDS AND INFORMATION CONCERNING THE CENTRAL CHILD ABUSE AND NEGLECT REGISTRY, TO PROVIDE THAT INFORMATION WHCH MUST OTHERWISE REMAIN CONFIDENTIAL MAY BE RELEASED BY THE DIRECTOR OR DESIGNEE TO CONFIRM, CLARIFY, OR CORRECT INFORMATION CONCERNING A CASE THAT HAS BEEN MADE PUBLIC BY SOURCES OTHER THAN THE DEPARTMENT, TO RESPOND TO AN INQUIRY FROM A COMMITTEE OR SUBCOMMITTEE OF THE SENATE OR THE HOUSE OF REPRESENTATIVES OR A JOINT COMMITTEE OF THE GENERAL ASSEMBLY, OR TO COMPLY WITH REQUIREMENTS OF THE FEDERAL CHILD ABUSE PREVENTION AND TREATMENT ACT AND TO LIMIT CIVIL LIABILITY RESULTING FROM THE DISCLOSURE.

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

S. 1222 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO ENVIRONMENTAL CERTIFICATION BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1223 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, RELATING TO EMPLOYER-EMPLOYEE RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 4316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1224 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE APPRAISERS BOARD, RELATING TO REAL ESTATE APPRAISERS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4426, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1225 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ESTABLISH AND AMEND SCHEDULES OF FEES FOR CERTAIN PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 4997 (Word version) -- Reps. Herbkersman, Bowers, Owens, Simrill, Branham, G.M. Smith, Burns, Alexander, Hiott, Whipper, Douglas, Allison, Limehouse, Lowe, George, Bales, R.L. Brown, Gagnon, Hayes, Hodges, Hosey, W.J. McLeod, Murphy, Sabb, Sandifer and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-415 SO AS TO PROVIDE THAT AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE ISSUED AFTER JANUARY 1, 2015, MUST COMPLETE PRELICENSING EDUCATION COURSES BEFORE HE MAY BE ISSUED A LICENSE, TO PROVIDE THAT CERTAIN EDUCATIONAL REQUIREMENTS MUST BE SATISFIED BEFORE A LICENSE MAY BE RENEWED, AND TO PROVIDE THAT A PERSON WHO PROVIDES EDUCATION COURSES MUST BE AFFILIATED WITH A NATIONAL OR STATE INDUSTRY TRADE ASSOCIATION; AND TO AMEND SECTIONS 56-15-430, 56-15-440, AND 56-15-450, RELATING TO THE NONAPPLICABILITY OF THE PROVISIONS THAT REGULATE NONFRANCHISE AUTOMOBILE DEALER PRELICENSING TO FRANCHISED AUTOMOBILE DEALERS, NONFRANCHISED AUTOMOBILE DEALERS OWNED AND OPERATED BY A FRANCHISED AUTOMOBILE DEALER, NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS IS SALVAGE MOTOR VEHICLES, AND NONFRANCHISED AUTOMOBILE DEALERS WHOSE PRIMARY BUSINESS OBJECTIVE AND SUBSTANTIAL BUSINESS ACTIVITY IS IN THE RENTAL OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE PROVISIONS THAT REQUIRE AN APPLICANT FOR AN INITIAL NONFRANCHISE AUTOMOBILE DEALER LICENSE TO COMPLETE CERTAIN EDUCATION REQUIREMENTS ALSO DO NOT APPLY TO THESE AUTOMOBILE DEALERS.

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

H. 4873 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO AFFIRM THE DEDICATION OF THE GENERAL ASSEMBLY TO THE FUTURE SUCCESS OF SOUTH CAROLINA'S YOUNG PEOPLE AND TO THE PREVENTION OF CHILD ABUSE AND NEGLECT AND TO DECLARE THE MONTH OF APRIL AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF SOUTH CAROLINA.

On motion of Senator HUTTO, the Concurrent Resolution was carried over.

S. 1222 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ENVIRONMENTAL CERTIFICATION BOARD, RELATING TO ENVIRONMENTAL CERTIFICATION BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1223 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, RELATING TO EMPLOYER-EMPLOYEE RELATIONSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 4316, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1224 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE APPRAISERS BOARD, RELATING TO REAL ESTATE APPRAISERS BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 4426, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1225 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ESTABLISH AND AMEND SCHEDULES OF FEES FOR CERTAIN PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4437, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

RECOMMITTED

S. 1226 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - OFFICE OF STATE FIRE MARSHAL, RELATING TO OFFICE OF STATE FIRE MARSHAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 4445, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MASSEY, the Joint Resolution was recommitted to the Committee on Labor, Commerce and Industry.

S. 1227 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - OFFICE OF OCCUPATIONAL SAFETY AND HEALTH, RELATING TO ENFORCEMENT OF VIOLATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4446, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator MASSEY, the Joint Resolution was recommitted to the Committee on Labor, Commerce and Industry.

ADOPTED

S. 1193 (Word version) -- Senators Fair, Hutto and Jackson: A SENATE RESOLUTION TO RECOGNIZE THAT ABUSE AND NEGLECT OF CHILDREN IS A SIGNIFICANT PROBLEM AND TO DECLARE TUESDAY, APRIL 29, 2014, AS "CHILDREN'S ADVOCACY DAY" IN SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 1203 (Word version) -- Senator Alexander: A SENATE RESOLUTION TO DECLARE FRIDAY, JUNE 13, 2014 AS "CATHERINE DEVOE FISHER DAY" AND TO RECOGNIZE CATHERINE "CATIE" DEVOE FISHER ON HER MANY MUSICAL ACCOMPLISHMENTS.

The Senate Resolution was adopted.

S. 1161 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE JUNCTURE OF INTERSTATE 95 AND SOUTH CAROLINA HIGHWAY 61 IN COLLETON COUNTY "SCHP PATROLMAN FIRST CLASS WILLIE E. PEEPLES MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SCHP PATROLMAN FIRST CLASS WILLIE E. PEEPLES MEMORIAL INTERCHANGE".

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

S. 1166 (Word version) -- Senators Turner, Allen and Fair: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 37 ALONG INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY "LT. GOVERNOR NICK AND EMILIE THEODORE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "LT. GOVERNOR NICK AND EMILIE THEODORE INTERCHANGE".

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

S. 1191 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF UNITED STATES HIGHWAY 15 AND UNITED STATES HIGHWAY 301 IN ORANGEBURG COUNTY "SCHP PATROLMAN HARRY B. RAY MEMORIAL INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "SCHP PATROLMAN HARRY B. RAY MEMORIAL INTERSECTION".

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

H. 4053 (Word version) -- Rep. Sellers: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF UNITED STATES HIGHWAYS 321 AND 78 IN THE TOWN OF DENMARK "HARRISON CROSSROADS", AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "HARRISON CROSSROADS".

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

H. 4397 (Word version) -- Rep. Bowen: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF SOUTH CAROLINA HIGHWAYS 187 AND 24 IN ANDERSON COUNTY "PORTMAN SHOALS INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THE WORDS "PORTMAN SHOALS INTERSECTION".

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

H. 4537 (Word version) -- Rep. Hardee: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF HIGHWAY S-26-19 AND HIGHWAY S-26-139 IN HORRY COUNTY "DORMANS CROSSROADS" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS "DORMANS CROSSROADS".

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

H. 4851 (Word version) -- Reps. Gilliard, Whipper, Limehouse, Merrill, Crosby, Mack, Goldfinch, Horne, McCoy, Rivers and Sottile: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF MALL DRIVE AND LACROSS ROAD IN CHARLESTON COUNTY "MICHAEL 'MICKEY' S. WHATLEY INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS LOCATION THAT CONTAIN THE WORDS "MICHAEL 'MICKEY' S. WHATLEY INTERSECTION".

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

H. 5032 (Word version) -- Rep. Alexander: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF OAKLAND AVENUE FROM ITS INTERSECTION WITH NORFOLK STREET TO ITS INTERSECTION WITH WILSON ROAD IN THE CITY OF FLORENCE "REVEREND DR. VANDROTH BACKUS WAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF ROADWAY THAT CONTAIN THE WORDS "REVEREND DR. VANDROTH BACKUS WAY".

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

COMMITTEE AMENDMENT ADOPTED
RESOLUTION ADOPTED AS AMENDED

S. 1190 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT THE JUNCTURE OF INTERSTATE 26 AND UNITED STATES HIGHWAY 601 IN ORANGEBURG COUNTY "SCHP PATROLMAN FIRST CLASS ROY O. CAFFEY MEMORIAL INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SCHP PATROLMAN FIRST CLASS ROY O. CAFFEY MEMORIAL INTERCHANGE".

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (1190R001.LKG), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, by striking lines 8-14 and inserting:

/   That the members of the General Assembly request that the Department of Transportation name the rest stops located on Interstate 26 East at mile marker 150 and on Interstate 26 West near mile marker 152 in Orangeburg County "SCHP Patrolman First Class Roy O. Caffey Memorial Rest Stop" and erect appropriate markers or signs at these rest stops that contain the words "SCHP Patrolman First Class Roy O. Caffey Memorial Rest Stop".         /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House.

AMENDED, ADOPTED

H. 4802 (Word version) -- Reps. Burns, Loftis, G.R. Smith and Willis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT INDIVIDUAL SIGNS AT TWO MILE INTERVALS ALONG INTERSTATE HIGHWAY 385 FROM MILE MARKER 22 TO MILE MARKER 34 THAT CONTAIN THE WORDS "WORLD WAR I 1917-1918", "WORLD WAR II 1941-1945", "THE KOREAN WAR 1950-1953", "THE VIETNAM WAR 1956-1975", "SECOND PERSIAN GULF WAR 'OPERATION DESERT STORM' 1991", "AFGHANISTAN WAR OCTOBER 7, 2001 TO PRESENT", AND "THIRD PERSIAN GULF WAR MARCH 19, 2003 TO PRESENT".

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

Senator CORBIN proposed the following amendment (4802R001.TDC), which was adopted:

Amend the Concurrent Resolution, as and if amended, page 1, by striking lines 32-40 and inserting:

/   That the members of the General Assembly request that the Department of Transportation erect individual signs at two mile intervals along Interstate Highway 385 from Mile Marker 22 to Mile Marker 34 that contain the words "World War I 1917-1918", "World War II 1941-1945", "The Korean War 1950-1953", "The Vietnam War 1956-1975", "Persian Gulf War" and "Undeclared Wars".       /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Concurrent Resolution was ordered returned to the House with amendments.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

AMENDED, READ THE THIRD TIME,
RETURNED TO THE HOUSE

H. 3198 (Word version) -- Reps. J.E. Smith, M.S. McLeod, Bernstein, Ballentine and Finlay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-27-115 SO AS TO PLACE THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS UNDER THE GENERAL SUPERVISION OF THE STATE ELECTION COMMISSION, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH BY REGULATION THE MINIMUM QUALIFICATIONS FOR A PERSON TO SERVE AS THE DIRECTOR OF A COUNTY BOARD OF REGISTRATION AND ELECTIONS, TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH MANDATORY TRAINING CERTIFICATION AND CONTINUING EDUCATION REQUIREMENTS FOR THE DIRECTORS OF THE COUNTY BOARDS OF REGISTRATION AND ELECTIONS, AND TO REQUIRE COUNTY BOARDS OF REGISTRATION AND ELECTIONS TO MEET AT LEAST FOUR TIMES EACH CALENDAR YEAR; TO AMEND SECTION 7-27-110, RELATING TO THE APPOINTMENT OF MEMBERS OF BOARDS AND COMMISSIONS, SO AS TO PROVIDE THAT ALL COUNTIES MUST HAVE A SINGLE BOARD OF REGISTRATION AND ELECTIONS; TO AMEND SECTION 7-27-260, RELATING TO THE CHEROKEE COUNTY ELECTION COMMISSION AND THE CHEROKEE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-290, RELATING TO THE DILLON COUNTY ELECTION COMMISSION AND THE DILLON COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-320, RELATING TO THE GREENVILLE COUNTY ELECTION COMMISSION AND THE GREENVILLE COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-325, RELATING TO THE GREENWOOD COUNTY ELECTION COMMISSION AND THE GREENWOOD COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-335, RELATING TO THE HORRY COUNTY ELECTION COMMISSION AND THE HORRY COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; TO AMEND SECTION 7-27-415, RELATING TO THE SPARTANBURG COUNTY ELECTION COMMISSION AND THE SPARTANBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY; AND TO AMEND SECTION 7-27-430, RELATING TO THE WILLIAMSBURG COUNTY ELECTION COMMISSION AND THE WILLIAMSBURG COUNTY BOARD OF REGISTRATION, SO AS TO COMBINE THE BODIES INTO A SINGLE ENTITY.

On motion of Senator LARRY MARTIN, with unanimous consent, the Senate agreed to take up H. 3198.

Amendment No. 9

Senator CAMPSEN proposed the following amendment (JUD3198.005), which was adopted:

Amend the bill, as and if amended, page 4, by striking lines 1-10 and inserting:

/     (C)   The previous offices of county election commissions, voter registration boards, or combined boards are abolished. The powers and duties of the county election commissions, voter registration boards, or combined boards are devolved upon the Board of Voter Registration and Elections for each county created in subsection (A). Those members currently serving on the county election commissions, voter registration boards, or combined boards shall continue to serve in a combined governing capacity until at least five members of the successor board members established under this section are appointed and qualify.     /

Renumber sections to conform.

Amend title to conform.

Senator CAMPSEN explained the amendment.

The amendment was adopted.

The question then was third reading of the Bill.

There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.

Motion Adopted

On motion of Senator LARRY MARTIN, the Senate agreed to stand adjourned.

REPORT RECEIVED


              Report of the
Legislative Audit Council
Nominating Committee

April 2, 2014

Pursuant to Section 2-15-20, the Legislative Audit Council Nominating Committee favorably report the following candidates with terms prescribed by law to the General Assembly for election to the Legislative Audit Council.

The Nominating Committee consists of the following members of the House of Representatives, appointed by the Speaker, and members of the Senate, appointed by the President of the Senate.

Senator George E. Campsen III   Representative F. Gregory Delleney

Senator Robert W. Hayes, Jr.     Representative William E. Sandifer III

Senator Kent M. Williams       Representative David J. Mack III

The below listed candidates are hereby nominated for election by the General Assembly to the Legislative Audit Council.

1.   Mr. Philip F. Laughridge, for a term to expire June 30, 2019

2.   Ms. Jane Pike Miller, for a term to expire June 30, 2019

3.   Mr. Charles L.A. Terreni, for a term to expire June 30, 2019

Respectfully submitted,
/s/Senator George E. Campsen III   /s/Representative F. Gregory Delleney
/s/Senator Robert W. Hayes, Jr.     /s/Representative William E. Sandifer III
/s/Senator Kent M. Williams       /s/Representative David J. Mack III

ADJOURNMENT

At 2:17 P.M., on motion of Senator LARRY MARTIN, the Senate adjourned to meet tomorrow at 2:00 P.M.

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This web page was last updated on Wednesday, April 30, 2014 at 9:31 A.M.