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

                                                  NO. 31

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2014

_________

THURSDAY, MARCH 20, 2014

Thursday, March 20, 2014
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

In addressing Solomon, David admonished his son, saying:

"Take heed now, for the Lord has chosen you to build a house as the sanctuary; be strong, and act."     (I Chronicles 28:10)

Join your heart with mine as we pray:

Holy God, just as David called upon Solomon to be strong and to act for the betterment of the people he was called to serve, so do we call upon each Senator and every aide also to be diligent in service. As these leaders together strive to build a stronger and ever-better South Carolina, lead them, Lord, to focus not upon easily achieved short-term successes but to strive for results which hold solid, long-term benefit for our State. Likewise, Lord, guide and strengthen the members of our Armed Forces, wherever they happen to serve. In Your loving name we pray, Lord. Amen.

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

Point of Quorum

At 11:05 A.M., Senator SCOTT made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator SCOTT moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Bennett                   Bright
Bryant                    Campsen                   Cleary
Corbin                    Courson                   Cromer
Grooms                    Hayes                     Hembree
Johnson                   Malloy                    Martin, Larry
Martin, Shane             Massey                    Nicholson
O'Dell                    Peeler                    Reese
Scott                     Setzler                   Shealy
Thurmond                  Turner                    Williams
Young

A quorum being present, the Senate resumed.

ADDENDUM TO THE JOURNAL

The following remarks by Senator THURMOND were ordered printed in the Journal of February 26, 2014:

Remarks by Senator THURMOND

Thank you Mr. President. Fellow Senators, if you do not mind, lend me your ears for a minute or two. I think we all come into this body with a little background. How we were raised, our parents, and people we have interaction with building our experiences. As a result of my up bringing, I am a very strong proponent of public education. Now some of you might find that somewhat unusual, I guess. But, I want to tell you when Senator CAMPSEN was up here earlier giving his opening remarks, I wrote down something he said. The conviction of the heart-- Senator, this is about the conviction from my heart. I can speak on it because I was raised in public schools in Aiken. Senator YOUNG from Aiken was my neighbor. He and I both attended Aiken High School. I had some outstanding teachers there. As you listen to my proposed Bill, a Bill that deals with teachers and issues with underperforming teachers, I want to talk about that process from my perspective being raised in Aiken. I can remember two teachers being instrumental. David Salter who taught biology, the other Jill Garret, formerly Jill Walston, taught English. They inspired me to be educated in those subjects. I was raised by a father who was the former superintendent of education in Edgefield. I am reminded about the importance of education in my family life as my wife's mother, Diane England, was an administrator in Oconee. Senator ALEXANDER was part of that family for about 30 years as an administrator and teacher. I was fortunate enough to attend the College of Charleston for two years. I bring these things, these experiences, along with, most importantly, four children that I have the challenge of raising. Two of my children are currently in public schools. If it is up to me, they will be raised in public schools. So one of the first things I did after having this background and interest in public education was sit down with my school superintendent in Charleston. I literally did this probably a couple weeks after I was elected. I met with Superintendent Nancy McGinley. She explained that the district spends thousands of dollars dealing with administrative appeals concerning nonrenewal of teacher contracts through the administrative process. In other words, these teachers are challenging being fired. Money is not in the class room, not spent to recruit or retain good teachers, but rather spent on lawyers. Those in the legal profession might find it ironic that I am talking about not giving money to lawyers. I believe it would be better spent in the classroom. I was perplexed by this process. As you know, we live in a right to work State. How were teachers appealing termination? I moved on with that idea. So over the last 14 months I tried to learn about it. I believe good teachers are extremely important. The last 14 months I have been trying to understand how do teachers really go about the process -- excuse me, how do principals go through the process of getting rid of underperforming teachers given we have administrative or union type of rights. I met with the school superintendent of education, principals from around the State, from Orangeburg, Spartanburg and Lexington, to name a few, along with obviously many in my own district. Just so you know, I am not aware of any profession in which this type protection is afforded. How to go about the process of non-renewal. How do we get there. The first step is an informal discussion. I have learned this through talking to the vice principles and trying to become educated on this process. The first step is informal discussion. The teacher is notified that he or she is not meeting expectations. Encouragement is given, but no formal evaluation is undertaken. The second step is an improvement plan. The teacher who is underperforming may be placed on an improvement plan. They have written documentation of the problem, which usually includes a goal based evaluation and a professional plan. This offers a good amount of time and encouragement to try to get a teacher on the right track. A mentor is also usually assigned. That is my understanding of this improvement plan phase. Step two can take up to a year. Step three is a formal evaluation in which the three-person team is assigned to gather evidence and data from other teachers, students and parents. This team meets with the teacher, who is of concern, and will evaluate that teacher and offer an improvement plan. In other words, improvements have not been met so there is an opportunity to continue encouragement. They are offered summary evaluation. This process also takes months and months. Step four is the nonrenewal. This usually occurs in March with the teacher who is on contract indicated, or renewed. Usually, they have two and one half months prior to the end of the semester or end of time period of teaching and have been told by their administrator, principal, they are not welcome to come back. This non-renewal can be appealed to the elected board. During the appeal, very frustratingly, the teacher continues to be paid. Senator from Lexington, can you imagine this being the way you operated things in your own business? By analogy I want to just point out that you have a young paralegal and they have these requirements. It is not working well. You are missing deadlines; you are simply not able to file the documents properly. We will have a short discussion. Nothing written about this. The second phase, we will assign a mentor, maybe another paralegal. This is required of you. The third phase is we will actually find three people in your law firm to evaluate you, pull them from what they are doing and sit down and evaluate. All the while you are continuing to be able to work as the paralegal. Presumably missing more deadlines, presumably missing more, non-performing as you would see fit. Finally, upon the decision you make to say, "Ma'am, this is not working out." That paralegal says, "I will appeal to another body and you will not be able to fire me." I bring this up because a lot of us would agree that our children are extremely important and our children are our most valuable asset. We have a system in place that allows for that child to be taught for years on end. They are taught by somebody identified as being ineffective or insufficient. Another issue is the parents of that child or those children over the years are never notified that the teacher is not up to par. Teachers continue to get paid as I mentioned earlier. This is a major problem in rural communities. Those that do not have the ability to simply put another teacher in because they do not have the funds. This keeps the rural community or that district in limbo. Often teachers will wait to the last second as they appeal and withdraw their appeal-- getting paid for doing nothing. No record is created of attempt to non-renew. Without it, another district can inherit underperforming teachers. Principles spend an exorbitant amount of time regarding the non-renewal and in my meeting with them could at most handle two teacher non-renewals in one year. Finally, principals often change which causes the process to start over, delaying some ineffective teachers from being let go. Once a non-renewal is reversed, the future ability to dismiss the teacher is exponentially harder and more difficult. As a result, the teacher having the argument says they are simply picking on her. I have identified the problem but I have not done a good job explaining what the solution is. That is what the purpose of the Bills are. I want to go over the three Bills briefly. The first is the union - like non-renewal appeal. In essence it would uphold our tradition as a right to work state at the same time allowing for teachers to challenge the termination under the traditional antidiscrimination option, such as race, gender, etc... and enables all employees in South Carolina. The second Bill would require districts to inform parents their child is being taught by a teacher who has been put on a formal evaluation. The third would require the Department of Education to create a database for all principals to access and gain valuable knowledge of a teacher who has been on the path of non-renewal, ensuring they are making informed decisions about hiring new teachers. At the same time I have introduced these Bills I want to also say that I co-sponsored S. 963, which is Senator JACKSON'S Bill, which raises teacher salaries to the national average. I want to make it clear that I am for good teachers in South Carolina. As I pointed out earlier, I was frustrated as a tenth grader in history. I can remember, as would Senator YOUNG, without saying the teacher's name, nor will I say it now, this teacher taught by asking me to write down everything she said, along with 30 other students in there. As I wrote everything down, if I had a question, she would simply say, Look at your notes." She had been there for a long time. I have no knowledge whatsoever of chemistry as a result of that method of teaching. I want to make it clear that I am for good teachers. If that is ratified, teachers like that driftwood chemistry teacher I mentioned are simply getting by, do not care to make a difference in lives of young people -- her days and those like her would be numbered. Mr. President, I would be happy by to answer any questions.

***

Doctor of the Day

Senators SHANE MARTIN and BRIGHT introduced Dr. David Mitchell of Spartanburg, S.C., Doctor of the Day.

Leave of Absence

At 11:05 A.M., Senator SHANE MARTIN requested a leave of absence beginning at 12:17 P.M. until Monday at 9:41 A.M.

Leave of Absence

On motion of Senator CLEARY, at 11:05 A.M., Senator CAMPBELL was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator McELVEEN, at 11:05 A.M., Senator KIMPSON was granted a leave of absence for today.

Leave of Absence

On motion of Senator NICHOLSON, at 12:00 P.M., Senator WILLIAMS was granted a leave of absence for the balance of the day.

Expression of Personal Interest

Senator SHANE MARTIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator JACKSON rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator CLEARY rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 865 (Word version)     Sen. Grooms
S. 1077 (Word version)   Sen. Peeler

RECALLED

H. 4902 (Word version) -- Reps. Norrell, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G.A. Brown, R.L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H.A. Crawford, K.R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M.S. McLeod, W.J. McLeod, Merrill, Mitchell, D.C. Moss, V.S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, R.L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO RECOGNIZE THE IMPORTANCE OF MIDDLE-LEVEL EDUCATION, TO HONOR THE CONTRIBUTIONS OF THOSE WHO EDUCATE THIS UNIQUE AGE GROUP, AND TO DECLARE MARCH 2014 "MIDDLE-LEVEL EDUCATION MONTH" IN SOUTH CAROLINA.

Senator COURSON asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Education.

The Resolution was recalled from the Committee on Education and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1110 (Word version) -- Senators McElveen and Johnson: A CONCURRENT RESOLUTION TO WELCOME THE SUMTER SCHOOL DISTRICT TEACHER FORUM TO THE SOUTH CAROLINA STATE HOUSE AND TO PROCLAIM APRIL 7, 2014, "SUMTER TEACHER FORUM CELEBRATION OF EXCELLENCE DAY" IN SOUTH CAROLINA.

Senator COURSON asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Education.

The Resolution was recalled from the Committee on Education and ordered placed on the Calendar for consideration tomorrow.

Expression of Personal Interest

Senator SCOTT rose for an Expression of Personal Interest.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1143 (Word version) -- Senator Davis: A SENATE RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE GRESSETTE SENATE OFFICE BUILDING ON THURSDAY, NOVEMBER 20, 2014, AND FRIDAY, NOVEMBER 21, 2014, TO CONDUCT THE YOUTH IN GOVERNMENT PROGRAM.
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The Senate Resolution was adopted.

S. 1144 (Word version) -- Senator Thurmond: A BILL TO AMEND ARTICLE 5, TITLE 59, CHAPTER 25 OF THE 1976 CODE, RELATING TO THE EMPLOYMENT AND DISMISSAL OF TEACHERS, BY ADDING SECTION 59-25-425, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL ADOPT A WRITTEN REDUCTION IN FORCE POLICY, AND TO PROVIDE FOR THE FACTORS THAT MUST BE CONSIDERED WHEN CREATING THE REDUCTION IN FORCE POLICY.
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Senator THURMOND spoke on the Bill.

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

S. 1145 (Word version) -- Senators Hayes and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO PROHIBIT SPECIFIED AGENCIES AND ENTITIES FROM PROVIDING ANY INDIVIDUAL STUDENT DATA OR ANY DATA THAT MAY BE USED TO IDENTIFY INDIVIDUAL STUDENTS TO THE UNITED STATES DEPARTMENT OF EDUCATION, ANY OTHER AGENCY OF THE FEDERAL GOVERNMENT, OR ANY THIRD PARTY WITHOUT PERMISSION OF THE GENERAL ASSEMBLY BY A JOINT RESOLUTION; BY ADDING SECTION 59-18-355 SO AS TO PROVIDE FOR REQUIRED CRITERIA AND PROCEDURES TO REVISE CERTAIN STATE CONTENT STANDARDS OR FOR A NEW STANDARD OR A CHANGE IN A CURRENT STANDARD; TO AMEND SECTION 59-18-310, RELATING TO THE DEVELOPMENT OR ADOPTION OF A STATEWIDE ASSESSMENT PROGRAM TO PROMOTE STUDENT LEARNING AND MEASURE STUDENT PERFORMANCE, SO AS TO DELETE EXIT EXAMINATION REQUIREMENTS FOR STUDENTS BEGINNING WITH THE GRADUATING CLASS OF 2015, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH A STUDENT WHO DID NOT RECEIVE A HIGH SCHOOL DIPLOMA BECAUSE OF A FAILURE TO MEET THE EXIT EXAMINATION REQUIREMENT MAY RECEIVE A HIGH SCHOOL DIPLOMA; BY ADDING SECTION 59-18-325 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ADMINISTER CERTAIN NEW ASSESSMENTS TO STUDENTS IN SPECIFIED GRADES IN THE 2014-2015 SCHOOL YEAR AND IN FUTURE SCHOOL YEARS FOR PARTICULAR ASSESSMENTS; TO AMEND SECTION 59-18-350, AS AMENDED, RELATING TO THE CYCLICAL REVIEW AND ANALYSIS OF STATE STANDARDS AND ASSESSMENTS, SO AS TO PROVIDE FOR THE TIMELINE FOR A REVIEW OF STATE STANDARDS FOR SPECIFIED SUBJECTS, AND TO REVISE THE DURATION OF PREVIOUS CONTENT STANDARDS; TO AMEND SECTION 59-18-950, RELATING TO CRITERIA FOR SCHOOL DISTRICT AND HIGH SCHOOL RATINGS, SO AS TO REVISE THIS CRITERIA; TO AMEND SECTION 59-48-35, RELATING TO REQUIREMENTS FOR A DIPLOMA FOR STUDENTS ENROLLED IN THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, SO AS TO DELETE THE EXIT EXAMINATION REQUIREMENT; TO REPEAL SECTION 59-139-60 RELATING TO VARIOUS ASSESSMENTS OF STUDENTS, SCHOOLS, AND SCHOOL DISTRICTS; AND TO PROVIDE THAT ON THE EFFECTIVE DATE OF THIS ACT SOUTH CAROLINA SHALL NO LONGER BE A GOVERNING OR ADVISORY STATE IN THE SMARTER BALANCED ASSESSMENT CONSORTIUM, AND FURTHER THAT SOUTH CAROLINA MAY NOT ADOPT OR ADMINISTER THE SMARTER BALANCED ASSESSMENT.
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Read the first time and referred to the Committee on Education.

S. 1146 (Word version) -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-687 SO AS TO PROVIDE THAT THE PYGMY SHREW IS DESIGNATED AS THE OFFICIAL STATE LAND MAMMAL OF SOUTH CAROLINA.
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Read the first time and referred to the Committee on Judiciary.

S. 1147 (Word version) -- Senators Rankin and Hembree: A BILL TO AMEND SECTION 62-5-401, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTIVE PROCEEDINGS IN RELATION TO THE ESTATE AND AFFAIRS OF CERTAIN PERSONS INCLUDING MINORS, PERSONS WITH MENTAL OR PHYSICAL ILLNESS OR DISABILITY, AND MISSING PERSONS, SO AS TO PROVIDE FOR EXPEDITED HEARINGS IN THE CASE OF MISSING PERSONS UNDER CERTAIN CIRCUMSTANCES.
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Read the first time and referred to the Committee on Judiciary.

S. 1148 (Word version) -- Senators Malloy, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, L. Martin, S. Martin, Massey, Matthews, McElveen, McGill, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Scott, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE GENERAL ASSEMBLY THAT NASCAR RACING IS AN INTEGRAL AND VITAL PART OF THE STATE OF SOUTH CAROLINA AND ITS ECONOMY AND TO RECOGNIZE THE DARLINGTON RACEWAY AS ONE OF OUR STATE'S MOST TREASURED ATTRACTIONS, AS WELL AS IDENTIFY SOUTH CAROLINA'S RICH NASCAR HISTORY IN THE STATE OF SOUTH CAROLINA AND TO NAME THE WEEK OF APRIL 6, 2014 THROUGH APRIL 13, 2014 AS DARLINGTON RACEWAY WEEK, A WEEK TOO TOUGH TO TAME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1149 (Word version) -- Senator Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE CHAMBER OF THE SOUTH CAROLINA SENATE AND THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES IN 2014 AT A DATE AND TIME DETERMINED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO PROVIDE THAT IF SUBSEQUENT TO A DETERMINATION EITHER BODY IS IN SESSION, THE CHAMBERS MAY NOT BE USED AND ALTERNATE DATES AND TIMES MAY BE SELECTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 1150 (Word version) -- Senators Jackson and Scott: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR A'JA RIYADH WILSON FOR HER OUTSTANDING ATHLETIC AND ACADEMIC CAREERS AT HEATHWOOD HALL EPISCOPAL SCHOOL, TO CONGRATULATE HER ON HER MANY AWARDS AND ACCOLADES, AND TO WISH HER WELL IN THE FUTURE ON AND OFF THE BASKETBALL COURT.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 1151 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON THE PASSING OF DIANNA KELLY JENNINGS OF RICHLAND COUNTY, AND TO EXTEND THEIR DEEPEST SYMPATHY TO HER LARGE AND LOVING FAMILY AND HER MANY FRIENDS.
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The Senate Resolution was adopted.

H. 4223 (Word version) -- Reps. Nanney, Delleney, Lucas, Simrill, G. M. Smith, Stringer, Bedingfield, Wood, Clemmons, H. A. Crawford, Gagnon, Atwater, Huggins, Owens, Limehouse, Norman, Erickson, Willis, Rivers, Allison, Ballentine, Bannister, Burns, Chumley, Henderson, Long, Merrill, D. C. Moss, Pitts, Pope, G. R. Smith, Tallon, Thayer, Hamilton, Harrell, Toole, Forrester, Felder, Hiott, Taylor, Bowen, Loftis, Hixon, J. R. Smith, Putnam, Daning, Crosby, Barfield and Goldfinch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 41, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT", TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY, TO PROVIDE NECESSARY TERMS, TO PROVIDE A PHYSICIAN OR ALLIED HEALTH PROFESSIONAL SHALL CALCULATE THE PROBABLE POST-FERTILIZATION AGE OF AN EMBRYO OR FETUS BEFORE PERFORMING OR INDUCING AN ABORTION, TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED IF THE PROBABLE POST-FERTILIZATION AGE OF THE EMBRYO OR FETUS IS TWENTY OR MORE WEEKS, TO PROVIDE FOR EXCEPTIONS, TO REQUIRE CERTAIN EDUCATIONAL MATERIALS BE PRODUCED AND DISTRIBUTED, AND TO PROVIDE THE ACT DOES NOT IMPLICITLY OR OTHERWISE REPEAL ANOTHER PROVISION OF LAW.

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

H. 4949 (Word version) -- Reps. Hardwick, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bernstein, Bingham, Bowen, Bowers, Branham, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clemmons, Clyburn, Cobb-Hunter, Cole, H. A. Crawford, K. R. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Edge, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Harrell, Hart, Hayes, Henderson, Herbkersman, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Kennedy, King, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Munnerlyn, Murphy, Nanney, Neal, Newton, Norman, Norrell, R. L. Ott, Owens, Parks, Patrick, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sabb, Sandifer, Sellers, Simrill, Skelton, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Toole, Vick, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Wood: A CONCURRENT RESOLUTION TO CONGRATULATE MARY C. HOLMES OF HORRY COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER MUCH HAPPINESS IN THE DAYS AHEAD.

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

H. 4951 (Word version) -- Reps. Ryhal, Barfield, Clemmons, Anderson, Goldfinch, Edge, H. A. Crawford, Hardee and Hardwick: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE COASTAL CAROLINA UNIVERSITY MEN'S BASKETBALL TEAM FOR AN OUTSTANDING SEASON AND FOR CAPTURING THE 2014 BIG SOUTH CHAMPIONSHIP TITLE.

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

H. 4955 (Word version) -- Reps. Barfield, Clemmons, Hardwick, Goldfinch, Hardee, Edge, Ryhal, Anderson, H. A. Crawford, George and Hayes: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR COACH ALAN CONNIE AND THE COASTAL CAROLINA UNIVERSITY CHANTICLEER WOMEN'S INDOOR TRACK AND FIELD TEAM FOR THEIR OUTSTANDING SEASON AND FOR CAPTURING THE 2014 BIG SOUTH INDOOR TRACK AND FIELD CHAMPIONSHIP.

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

Motion Adopted

On motion of Senator O'DELL, with unanimous consent, Senators PEELER, FAIR, REESE, PINCKNEY and DAVIS were granted leave to attend a subcommittee meeting and were granted leave to vote from the balcony.

REPORTS OF STANDING COMMITTEES

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable and Senator HUTTO a minority unfavorable report on:

S. 204 (Word version) -- Senators Bright, Bryant, Verdin, Shealy and Fair: A BILL TO AMEND SECTION 44-41-10 OF THE 1976 CODE, RELATING TO DEFINITIONS CONCERNING ABORTIONS, TO PROVIDE THAT A LICENSED PHYSICIAN WHO PERFORMS AN ABORTION MUST ALSO BE BOARD CERTIFIED IN OBSTETRICS AND GYNECOLOGY; AND TO AMEND CHAPTER 41, TITLE 44, BY ADDING SECTION 44-41-25 TO PROVIDE THAT A PHYSICIAN PERFORMING AN ABORTION OUTSIDE OF A HOSPITAL MUST HAVE ADMITTING AND STAFF PRIVILEGES AT A LOCAL CERTIFIED HOSPITAL.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 997 (Word version) -- Senator Jackson: A BILL TO AMEND SECTION 40-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SPEECH PATHOLOGISTS AND AUDIOLOGISTS PRACTICE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS; TO AMEND SECTION 40-67-50, RELATING TO LICENSURE FEES, SO AS TO ADD, REVISE, AND DELETE FEES; TO AMEND SECTION 40-67-220, RELATING TO LICENSURE REQUIREMENTS, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 40-67-260, RELATING TO ANNUAL AUDITS OF LICENSURE RECORDS THAT THE BOARD MAY CONDUCT, SO AS TO PROVIDE THE BOARD MAY CONDUCT THESE AUDITS BIENNIALLY INSTEAD OF ANNUALLY; AND TO AMEND SECTION 40-67-280, RELATING TO ACTIVATION OF AN INACTIVE LICENSE, SO AS TO REQUIRE SUBMISSION OF A FORM DEVELOPED AND PROVIDED BY THE BOARD.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1035 (Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman, Bryant and Verdin: A BILL TO AMEND ARTICLE 4, CHAPTER 53, TITLE 44 OF THE 1976 CODE, RELATING TO THE CONTROLLED SUBSTANCES THERAPEUTIC RESEARCH ACT OF 1980, TO ENACT THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH ACT; TO ESTABLISH THE MEDICAL CANNABIS THERAPEUTIC TREATMENT RESEARCH PROGRAM AT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR PATIENTS ELIGIBLE TO PARTICIPATE IN THE PROGRAM; TO PROVIDE WHO AND UNDER WHAT CIRCUMSTANCES MEDICAL CANNABIS CAN BE ADMINISTERED TO A PATIENT; TO PROVIDE FOR NOTICE TO A PARTICIPATING PATIENT THAT THE PATIENT WILL BE PARTICIPATING IN A RESEARCH STUDY AND OF THE EXPERIMENTAL NATURE OF THE MEDICAL CANNABIS PROGRAM; TO PROVIDE FOR THE PROTECTION OF A PARTICIPATING PATIENT'S PERSONAL INFORMATION; TO PROVIDE FOR THE OPERATION OF THE PROGRAM BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE REPORTING REQUIREMENTS BY ACADEMIC MEDICAL CENTERS THAT SUPERVISE OR ADMINISTER MEDICAL CANNABIS TREATMENTS; AND TO PROVIDE CRIMINAL AND CIVIL IMMUNITY FROM STATE ACTIONS OR SUITS ARISING FROM THE PROPER IMPLEMENTATION OF THIS ACT; AND TO PROVIDE THAT THE STATE SHALL DEFEND STATE EMPLOYEES WHO, IN GOOD FAITH, CARRY OUT THE PROVISIONS OF THIS ACT; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO COLLABORATE WITH ACADEMIC MEDICAL CENTERS TO ASSIST INTERESTED PATIENTS WITH THE APPLICATION PROCESS TO PARTICIPATE IN EXISTING UNITED STATES FOOD AND DRUG ADMINISTRATION APPROVED INVESTIGATIONAL NEW DRUG STUDIES CONCERNING MEDICAL CANNABIS.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 1036 (Word version) -- Senator Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 15, TITLE 40 SO AS TO ENACT THE "DENTAL SEDATION ACT", TO PROVIDE REQUIREMENTS CONCERNING THE PROVISION OF VARYING LEVELS OF SEDATION TO DENTAL PATIENTS; TO AMEND SECTION 40-15-85, RELATING TO DEFINITIONS IN THE DENTISTRY PRACTICE ACT, SO AS TO ADD NECESSARY DEFINITIONS; AND TO DESIGNATE THE EXISTING SECTIONS OF CHAPTER 15, TITLE 40 AS ARTICLE 1 "GENERAL PROVISIONS".

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Medical Affairs submitted a majority favorable and Senator HUTTO a minority unfavorable report on:

S. 1077 (Word version) -- Senators Hembree, Verdin, Cromer, Bennett, Cleary, Thurmond, Massey, Hayes, Shealy, Grooms, Young, Fair, Campbell, Courson, Davis, L. Martin, Alexander, Gregory, Turner and Peeler: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT THE STATE HEALTH CARE CHOICE ACT, SENATE BILL 1711, TO ENSURE THAT THE STATE OF SOUTH CAROLINA AND ALL STATES HAVE THE OPTION TO CONTINUE TO IMPLEMENT STATE LAWS RELATING TO HEALTH CARE DELIVERY AND HEALTH INSURANCE THAT WERE IN EFFECT PRIOR TO THE DATE OF ENACTMENT OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.

Ordered for consideration tomorrow.

Senator GROOMS from the Committee on Transportation submitted a favorable with amendment report on:

H. 3631 (Word version) -- Reps. Daning, Crosby, Sottile, Atwater, Sabb, Erickson, Newton and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-115 SO AS TO PROVIDE FOR THE ISSUANCE OF GOLF CART PERMITS, TO REGULATE THE OPERATION OF GOLF CARTS, AND TO PROVIDE A PENALTY; AND TO REPEAL SECTION 56-2-105 RELATING TO THE ISSUANCE OF GOLF CART PERMITS AND THE OPERATION OF GOLF CARTS.

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 20, 2014

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has returned the following Bill to the Senate with amendments:

S. 657 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO MAGISTRATE JURY AREAS IN EACH COUNTY, SO AS TO REVISE AND UPDATE THE TERRITORIAL DESCRIPTIONS OF THE JURY AREAS AND PROVIDE REFERENCES TO PUBLIC MAPS SHOWING THE JURY AREAS.
Very respectfully,
Speaker of the House

Received as information.

S. 657--Referred to Committee on Judiciary

Upon the recommendation of Senator COURSON, under Rule 32C, the PRESIDENT referred the Bill to the Committee on Judiciary.

Message from the House

Columbia, S.C., March 20, 2014

Mr. President and Senators:

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

S. 405 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 1-23-560, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE CODE OF JUDICIAL CONDUCT TO ADMINISTRATIVE LAW JUDGES AND THE ENFORCEMENT AND ADMINISTRATION OF THESE RULES BY THE STATE ETHICS COMMISSION, SO AS TO PROVIDE INSTEAD THAT THE JUDICIAL DEPARTMENT SHALL HANDLE COMPLAINTS AGAINST ADMINISTRATIVE LAW JUDGES FOR POSSIBLE VIOLATIONS OF THE CODE OF JUDICIAL CONDUCT IN THE SAME MANNER AS COMPLAINTS AGAINST OTHER JUDGES.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 20, 2014

Mr. President and Senators:

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

H. 3410 (Word version) -- Reps. Forrester, Allison, Loftis, V.S. Moss, Cole, Tallon, Mitchell, Cobb-Hunter and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 1, TITLE 13 SO AS TO TRANSFER THE REGIONAL EDUCATION CENTERS ESTABLISHED BY THE EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE DEPARTMENT OF COMMERCE; TO AMEND SECTION 59-59-170, RELATING TO THE EDUCATION AND ECONOMIC DEVELOPMENT COORDINATING COUNCIL, AND SECTION 59-59-190, RELATING TO ASSISTANCE OF THE DEPARTMENT OF EMPLOYMENT AND WORKFORCE, THE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, AND THE COMMISSION ON HIGHER EDUCATION SHALL PROVIDE THE DEPARTMENT OF EDUCATION WITH RESPECT TO CERTAIN PROGRAMS UNDER THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT, SO AS TO MAKE CONFORMING CHANGES; AND TO REPEAL SECTION 59-59-180 RELATING TO REGIONAL EDUCATION CENTERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 20, 2014

Mr. President and Senators:

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

H. 3978 (Word version) -- Reps. White and G.M. Smith: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, TO DEFINE "MEDICAID PERMIT DAY", TO SPECIFY THE MANNER IN WHICH ADDITIONAL MEDICAID PERMIT DAYS ARE ALLOCATED, TO SET FORTH COMPLIANCE STANDARDS AND PENALTIES FOR VIOLATIONS, AND TO PROVIDE CERTAIN REPORTING REQUIREMENTS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 20, 2014

Mr. President and Senators:

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

H. 3231 (Word version) -- Reps. Atwater, Huggins, Toole, Ballentine, Taylor, Bingham, Pitts and Wood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-90 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL NOT DISCRIMINATE AGAINST MOTORCYCLES, MOTORCYCLE OPERATORS, OR MOTORCYCLE PASSENGERS.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCE

S. 1134 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND DR. JAMES FRASER LYON IV FOR HIS MANY YEARS OF FAITHFUL SERVICE TO GOD, THE CHURCH, AND HER PEOPLE IN THE SACRAMENT OF HOLY ORDERS OF THE PRIESTHOOD AND TO COMMEND HIM FOR BECOMING THE LONGEST-SERVING RECTOR AT THE EPISCOPAL CHURCH OF THE GOOD SHEPHERD IN COLUMBIA.

Returned with concurrence.

Received as information.

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

THIRD READING BILLS

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

S. 1013 (Word version) -- Senator Malloy: A BILL TO PROVIDE THAT IF, AFTER CLOSING THE BOOKS, THE DARLINGTON COUNTY SCHOOL DISTRICT HAS IN ITS UNASSIGNED FUND BALANCE MORE THAN FIFTEEN MILLION DOLLARS, THEN THE COUNTY AUDITOR MUST GRANT A SCHOOL DEBT PROPERTY TAX CREDIT, AND IF ANY EXCESS REMAINS, A SCHOOL PROPERTY TAX CREDIT, AND TO PROVIDE THE MANNER IN WHICH THE CREDIT IS CALCULATED.

S. 908 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING RISK-BASED CAPITAL, SO AS TO REVISE EXISTING DEFINITIONS AND DEFINE ADDITIONAL TERMS; TO AMEND SECTION 38-9-320, RELATING TO PREPARING AND SUBMITTING A RISK-BASED CAPITAL REPORT, SO AS TO PROVIDE FOR DETERMINING A HEALTH ORGANIZATION'S RISK-BASED CAPITAL REPORT AND TO PROVIDE THAT EACH RISK FOR A LIFE AND HEALTH INSURER, PROPERTY AND CASUALTY INSURER, AND A HEALTH ORGANIZATION MUST BE DETERMINED IN A CERTAIN MANNER; TO AMEND SECTION 38-9-330, AS AMENDED, RELATING TO COMPANY ACTION LEVEL EVENTS, SO AS TO ADD AN ADDITIONAL EVENT CONCERNING A HEALTH ORGANIZATION, AMONG OTHER THINGS; TO AMEND SECTION 38-9-360, RELATING TO THE ROLE OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHEN A MANDATORY CONTROL LEVEL EVENT OCCURS, SO AS TO ADD PROVISIONS CONCERNING HEALTH ORGANIZATIONS; TO AMEND SECTION 38-9-370, RELATING TO HEARINGS AVAILABLE TO A LICENSEE TO CHALLENGE A DETERMINATION OR ACTION BY THE DIRECTOR IN RESPONSE TO A MANDATORY CONTROL LEVEL EVENT, SO AS TO PROVIDE A LICENSEE MAY HAVE THE HEARING CONFIDENTIALLY, ON THE RECORD, AND BEFORE THE DIRECTOR UPON PROVISION OF CERTAIN NOTICE, AND TO PROVIDE THE DIRECTOR SHALL SET A DATE FOR THE HEARING IN A CERTAIN MANNER; TO AMEND SECTION 38-9-380, RELATING TO THE CONFIDENTIALITY OF RISK-BASED CAPITAL REPORTS AND ADJUSTED RISK-BASED CAPITAL REPORTS, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH THE DIRECTOR MAY SHARE, RECEIVE, AND USE CERTAIN RELATED INFORMATION THAT IS CONFIDENTIAL AND PRIVILEGED; TO AMEND SECTION 38-9-430, RELATING TO EXEMPTIONS FROM REPORTING REQUIREMENTS, SO AS TO ADD PROVISIONS CONCERNING DOMESTIC HEALTH ORGANIZATIONS; AND TO AMEND SECTION 38-9-340, SECTION 38-9-350, SECTION 38-9-365, SECTION 38-9-390, SECTION 38-9-400, SECTION 38-9-440, AND SECTION 38-9-460, ALL RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, SO AS TO MAKE CONFORMING CHANGES.

S. 561 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 16-17-680 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING, SELLING, AND TRANSPORTING OF NONFERROUS METALS, SO AS TO DEFINE THE TERM "COIL" AND PROVIDE THAT A SECONDARY METALS RECYCLER MUST NOT PURCHASE OR OTHERWISE ACQUIRE A COIL.

S. 1026 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 29-5-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUITS ON CONTRACTOR PAYMENT BONDS, SO AS TO PROVIDE THAT CERTAIN WRITTEN NOTICE REQUIRED OF A REMOTE CLAIMANT MUST BE SENT BY CERTIFIED OR REGISTERED MAIL, AND MUST GENERALLY CONFORM WITH STATUTORY LIMITS ON THE AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER; TO PROVIDE ANY PAYMENT BOND SURETY FOR THE BONDED CONTRACTOR SHALL HAVE THE SAME RIGHTS AND DEFENSES OF THE BONDED CONTRACTOR; TO MAKE THE LANGUAGE APPLICABLE TO ANY PAYMENT BOND WHETHER PRIVATE, COMMON LAW, PUBLIC, OR STATUTORY IN NATURE, WHEN THE BONDS ARE NOT OTHERWISE REQUIRED OR GOVERNED BY STATUTE; AND TO PROVIDE NECESSARY DEFINITIONS.

S. 1130 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUILDING CODES COUNCIL, RELATING TO IRC SECTION R312.2 WINDOW FALL PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4435, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 1, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO MAKE CONFORMING AND TECHNICAL CORRECTIONS IN ORDER FOR CHAPTER 1 TO REMAIN CONSISTENT WITH OTHER REVISED CHAPTERS; TO MAKE CERTAIN CHANGES TO CLARIFY AMBIGUITIES THAT HAVE ARISEN OVER THE YEARS; TO MAKE CERTAIN SUBSTANTIVE CHANGES, INCLUDING CHANGES RELATED TO THE EXPANSION OF THE DEFINITION OF GOOD FAITH AND THE RELEVANCE OF COURSE OF PERFORMANCE IN CONTRACT INTERPRETATION; TO AMEND CHAPTER 7, TITLE 36, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLE 7 OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE CHAPTER IN ITS ENTIRETY IN ORDER TO PROVIDE FOR THE USE OF ELECTRONIC DOCUMENTS OF TITLE AND TO MAKE CONFORMING CHANGES; TO MAKE CONFORMING CHANGES IN OTHER CHAPTERS OF THE UNIFORM COMMERCIAL CODE; AND TO REPEAL SECTIONS 36-2-208 AND 36-2A-207.

AMENDED, READ THE THIRD TIME
SENT TO THE HOUSE

S. 841 (Word version) -- Senator Cleary: A BILL TO AMEND ARTICLE 1, CHAPTER 13, TITLE 63, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE REGULATION OF CHILDCARE FACILITIES, BY ADDING SECTION 63-13-185, SO AS TO PROHIBIT THE ADMINISTRATION OF MEDICATION TO A CHILD BY AN EMPLOYEE OR VOLUNTEER OF A CHILDCARE FACILITY WITHOUT PARENTAL PERMISSION, AND TO INCLUDE EXCEPTIONS IN CIRCUMSTANCES OF EMERGENCIES, AND TO PROVIDE PENALTIES.

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

Motion Under Rule 26B

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

There was no objection.

Senator MALLOY proposed the following amendment (JUD0841.002), which was adopted:

Amend the bill, as and if amended, page 2, by striking lines 13 through 16, in Section 63-13-185, as contained in SECTION 1, and inserting therein the following:

/     (D)   This section does not apply to a person who administers a medication as prescribed, directed, or intended, to a child, when that person has a good faith belief the child is suffering from a medical emergency and administering medication would prevent the death or serious injury of the child.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

The amendment was adopted.

The question then was third reading of the Bill.

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

Ayes 35; Nays 0

AYES

Alexander                 Bennett                   Bright
Bryant                    Campsen                   Cleary
Corbin                    Cromer                    Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Lourie
Malloy                    Martin, Larry             Massey
McElveen                  McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Scott                     Setzler
Shealy                    Thurmond                  Turner
Verdin                    Young

Total--35

NAYS

Total--0

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

SECOND READING BILL

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 798 (Word version) -- Senators Malloy and Williams: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO REVISE THE MANNER IN WHICH CANDIDATES FOR ELECTION TO THE SCHOOL BOARD ARE DEEMED TO BE ELECTED, TO PROVIDE THE COUNTY SCHOOL BOARD MAY DETERMINE SALARIES AND ALLOWANCES OF BOARD MEMBERS AND APPROVE LOCAL TAX FUNDS NEEDED FOR THESE SALARIES AND ALLOWANCES, AND TO DELETE PROVISIONS REQUIRING THE BOARD MEMBERS TO RECEIVE A PER DIEM AND THE CHAIRMAN TO RECEIVE ADDITIONAL COMPENSATION.

S. 798--Ordered to a Third Reading

On motion of Senator MALLOY, S. 798 was ordered to receive a third reading on Friday, March 21, 2014.

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 THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-165 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY DECLARE A CAPTIVE INSURANCE COMPANY INACTIVE IN CERTAIN CIRCUMSTANCES AND THAT THE DIRECTOR MAY MODIFY THE MINIMUM TAX PREMIUM APPLICABLE TO THE COMPANY DURING INACTIVITY; BY ADDING SECTION 38-90-215 SO AS TO PROVIDE A PROTECTED CELL MAY BE EITHER INCORPORATED OR UNINCORPORATED, AND TO PROVIDE REQUIREMENTS FOR EACH; BY ADDING SECTION 38-90-250 SO AS TO PROVIDE THE DEPARTMENT MUST CONSIDER A LICENSED CAPTIVE INSURANCE COMPANY THAT MEETS THE REQUIREMENTS OF AN INSURER FOR ISSUANCE OF A CERTIFICATE OF AUTHORITY TO ACT AS AN INSURER; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE ADDITIONAL TERMS AND REVISE DEFINITIONS OF CERTAIN EXISTING TERMS; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO THE DOCUMENTATION REQUIRED FOR LICENSING CAPTIVE INSURANCE COMPANIES, SO AS TO REMOVE THE REQUIREMENT OF A CERTIFICATE OF GENERAL GOOD ISSUED BY THE DIRECTOR; TO AMEND SECTION 38-90-35, RELATING TO THE CONFIDENTIALITY OF INFORMATION CONCERNING CAPTIVE INSURANCE COMPANIES SUBMITTED TO THE DEPARTMENT OF INSURANCE, SO AS TO REVISE REQUIREMENTS FOR MAKING THE INFORMATION SUBJECT TO DISCOVERY IN A CIVIL ACTION; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION REQUIREMENTS, SECURITY REQUIREMENTS, AND RESTRICTIONS ON DIVIDEND PAYMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK, AND TO REVISE REQUIREMENTS FOR CONTRIBUTIONS TO A CAPTIVE INSURANCE COMPANY INCORPORATED AS A NONPROFIT, AMONG OTHER THINGS; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS OF A CAPTIVE INSURANCE COMPANY, SO AS TO REVISE THE FORM OF CAPITAL REQUIRED FOR A CAPTIVE INSURANCE COMPANY THAT IS NOT A SPONSORED CAPTIVE INSURANCE COMPANY THAT ASSUMES RISK; TO AMEND SECTION 38-90-55, AS AMENDED, RELATING TO THE INCORPORATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE, AND THE ISSUANCE OF CAPITAL STOCK AT PAR VALUE; TO AMEND SECTION 38-90-60, AS AMENDED, RELATING TO INCORPORATION OPTIONS AND REQUIREMENTS FOR CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE AVAILABLE OPTIONS; TO AMEND SECTION 38-90-80, AS AMENDED, RELATING TO INSPECTIONS AND EXAMINATIONS OF CAPTIVE INSURANCE COMPANIES BY THE DEPARTMENT, SO AS TO DELETE REFERENCES TO PURE CAPTIVE INSURANCE COMPANIES AND SPECIAL PURPOSE CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-90, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A CAPTIVE INSURANCE LICENSE, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE LOANS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE A SPONSORED CAPTIVE INSURANCE COMPANY MAY MAKE LOANS TO ITS PARENT COMPANY IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 38-90-130, AS AMENDED, RELATING THE PROHIBITION AGAINST PARTICIPATION IN PLAN, POOL, ASSOCIATION, GUARANTY, OR INSOLVENCY FUNDS BY CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE CAPTIVE INSURANCE COMPANIES, INCLUDING PURE CAPTIVE INSURANCE COMPANIES, MAY PARTICIPATE IN A POOL FOR THE PURPOSE OF COMMERCIAL RISK SHARING, AMONG OTHER THINGS; TO AMEND SECTION 38-90-180, AS AMENDED, RELATING TO THE APPLICABILITY OF CERTAIN PROVISIONS RELATING TO INSURANCE, SO AS TO PROVIDE REQUIREMENTS FOR THE NAME OF NEW CAPTIVE INSURANCE COMPANIES, TO PROVIDE CIRCUMSTANCES IN WHICH A SPONSORED CAPTIVE INSURANCE COMPANY MAY ESTABLISH PROTECTED CELLS, INCLUDING REQUIREMENTS FOR A PLAN OF OPERATION, THE ATTRIBUTIONS OF ASSETS AND LIABILITIES BETWEEN A PROTECTED CELL AND THE GENERAL ACCOUNT OF THE SPONSORED CAPTIVE INSURANCE COMPANY, AND ADMINISTRATIVE AND ACCOUNTING PROCEDURES; TO AMEND SECTION 38-90-210, RELATING TO THE SEPARATE ACCOUNTING OF PROTECTED CELLS WHEN ESTABLISHED, SO AS TO REQUIRE THIS ACCOUNTING MUST REFLECT THE PARTICIPANTS OF THE PROTECTED CELL IN ADDITION TO EXISTING REQUIREMENTS; TO AMEND SECTION 38-90-220, AS AMENDED, RELATING TO CERTAIN REQUIREMENTS APPLICABLE TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REVISE THE REQUIREMENTS; TO AMEND SECTION 38-90-230, AS AMENDED, RELATING TO PARTICIPANTS IN SPONSORED CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE THAT PROTECTED CELLS ASSETS ARE ONLY AVAILABLE TO CREDITORS OF THE SPONSORED CAPTIVE INSURANCE COMPANY AND RELATED REQUIREMENTS, AND TO PROVIDE REQUIREMENTS CONCERNING OBLIGATIONS OF SPONSORED CAPTIVE INSURANCE COMPANIES WITH RESPECT TO PROTECTED CELLS AND ITS GENERAL ACCOUNT; TO AMEND SECTION 38-90-240, RELATING TO THE ELIGIBILITY OF A LICENSED CAPTIVE INSURANCE COMPANY FOR CERTIFICATE OF AUTHORITY TO ACT AS INSURER, SO AS TO DELETE THE EXISTING LANGUAGE AND TO PROVIDE FOR WHO MAY PARTICIPATE IN A SPONSORED CAPTIVE INSURANCE COMPANY AND OBLIGATIONS OF THESE PARTICIPANTS, AND TO PROVIDE SPONSORED CAPTIVE INSURANCE COMPANIES MAY NOT BE USED TO FACILITATE INSURANCE SECURITIZATION TRANSACTIONS; TO AMEND SECTION 38-90-450, AS AMENDED, RELATING TO ORGANIZATION REQUIREMENTS FOR SPECIAL PURPOSE FINANCIAL CAPTIVES, SO AS TO DELETE PROVISIONS CONCERNING THE MINIMUM NUMBER AND STATUS OF INCORPORATORS, AND PREREQUISITES TO TRANSMITTING ARTICLES OF INCORPORATION TO THE SECRETARY OF STATE; AND TO REPEAL SECTION 38-90-235 RELATING TO TERMS AND CONDITIONS FOR PROTECTED CELL INSURANCE COMPANIES TO APPLY TO SPONSORED CAPTIVE INSURANCE COMPANIES.

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

S. 511 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FOUR PERCENT SPECIAL ASSESSMENT RATIO, SO AS TO PROVIDE THAT AN ELIGIBILITY PROVISION REQUIRING A CERTAIN OWNERSHIP PERCENTAGE DOES NOT APPLY IF THE PROPERTY IS HELD BY A TRUST, FAMILY LIMITED PARTNERSHIP, OR LIMITED LIABILITY COMPANY UNDER CERTAIN SITUATIONS.

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

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

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

S. 862 (Word version) -- Senators Shealy and Turner: A BILL TO AMEND SECTION 40-59-260 OF THE 1976 CODE, RELATING TO THE EXCEPTION FOR PROJECTS BY A PROPERTY OWNER FOR PERSONAL USE, TO PROVIDE THAT AN OWNER OF RESIDENTIAL PROPERTY WHO IMPROVES THE PROPERTY OR WHO BUILDS OR IMPROVES THE STRUCTURES OR APPURTENANCES ON THE PROPERTY AT A COST OF MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS SHALL NOT WITHIN TWO YEARS AFTER COMPLETION OR ISSUANCE OF A CERTIFICATE OFFER THE STRUCTURE FOR SALE OR RENT, AND CONSTRUCTION OR IMPROVEMENTS TO THE STRUCTURE, GROUP OF STRUCTURES, OR APPURTENANCES THAT COST THE OWNER-BUILDER LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS ARE NOT EVIDENCE OF "SALE" OR "RENT" FOR THE PURPOSES OF THIS SECTION.

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

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.

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

S. 817 (Word version) -- Senator L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-47 SO AS TO REQUIRE PERSONS SEEKING CERTAIN POSITIONS OR WHO VOLUNTEER OR SERVE IN A POSITION SUPPORTED, SPONSORED, OR ADMINISTERED BY THE SOUTH CAROLINA COMMISSION ON NATIONAL AND COMMUNITY SERVICE TO UNDERGO A STATE AND NATIONAL CRIMINAL HISTORY BACKGROUND CHECK AND TO PROVIDE PROCEDURES TO BE FOLLOWED AND FOR THE COSTS OF THE BACKGROUND CHECKS.

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

S. 1037 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 56-1-148 OF THE 1976 CODE, RELATING TO THE IDENTIFYING CODE AFFIXED ON THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN CRIMES, TO REMOVE THE FIFTY DOLLAR FEE ASSOCIATED WITH THE IDENTIFYING CODE.

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

S. 1070 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES THE AUTHORITY TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; AND TO AMEND SECTION 50-11-520, AS AMENDED, 50-11-530, 50-11-540, AND 50-11-544, ALL RELATING TO THE DEPARTMENT OF NATURAL RESOURCES' REGULATION OF THE HUNTING OF WILD TURKEYS, SO AS TO REVISE THE SEASON FOR THE HUNTING AND TAKING OF MALE WILD TURKEYS, TO ESTABLISH "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY", TO ESTABLISH BAG LIMITS FOR THE TAKING OF MALE WILD TURKEYS, TO PROVIDE THAT THE DEPARTMENT MUST CONDUCT AN ANALYSIS OF THE STATE'S WILD TURKEY RESOURCES AND ISSUE A REPORT TO THE GENERAL ASSEMBLY WHICH RECOMMENDS CHANGES TO THE WILD TURKEY SEASON AND BAG LIMITS, TO REVISE THE DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, AND TO ALLOW IT TO PROMULGATE EMERGENCY REGULATIONS FOR THE PROPER CONTROL OF THE HARVESTING OF WILD TURKEYS, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS THAT REGULATE THE HUNTING OF WILD TURKEY, AND TO PROVIDE THAT ALL WILD TURKEY TRANSPORTATION TAGS MUST BE VALIDATED AS PRESCRIBED BY THE DEPARTMENT BEFORE A TURKEY IS MOVED FROM THE POINT OF KILL.

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

S. 1071 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 50-1-60, AS AMENDED, SECTIONS 50-11-120, 50-11-150, AND SECTIONS 50-11-310, 50-11-335, 50-11-430, ALL AS AMENDED, RELATING TO THE DIVISION OF THE STATE INTO GAME ZONES, SMALL GAME SEASONS, SMALL GAME BAG LIMITS, THE OPEN SEASON FOR ANTLERED DEER, THE BAG LIMIT ON ANTLERED DEER, AND BEAR HUNTING, SO AS TO DECREASE THE NUMBER OF GAME ZONES, REVISE THE DATES FOR THE VARIOUS SMALL GAME SEASONS, TO REVISE THE SMALL GAME BAG LIMITS FOR THE VARIOUS GAME ZONES, REVISE THE DATES FOR THE VARIOUS ANTLERED DEER OPEN SEASON; AND TO REPEAL SECTION 50-11-2110 RELATING TO FIELD TRIALS IN AND PERMITS FOR GAME ZONE NINE.

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

H. 3021 (Word version) -- Reps. Clemmons, Sellers, R.L. Brown, Putnam, Kennedy, Gilliard, Toole, Branham, Rutherford, King and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 55 TO TITLE 11 SO AS TO ENACT THE IRAN DIVESTMENT ACT OF 2013 AND TO PROHIBIT CERTAIN INVESTMENTS AND CONTRACTS WITH PERSONS DEEMED TO BE ENGAGING IN INVESTMENT ACTIVITIES IN IRAN.

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

H. 3124 (Word version) -- Reps. Bingham, Taylor, Long and M.S. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 63-7-315 SO AS TO PROHIBIT AN EMPLOYER FROM DISMISSING, DEMOTING, SUSPENDING, OR DISCIPLINING AN EMPLOYEE WHO REPORTS CHILD ABUSE OR NEGLECT, WHETHER REQUIRED OR PERMITTED TO REPORT; AND TO CREATE A CAUSE OF ACTION FOR REINSTATEMENT AND BACK PAY WHICH AN EMPLOYEE MAY BRING AGAINST AN EMPLOYER WHO VIOLATES THIS PROHIBITION.

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

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.

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

H. 4482 (Word version) -- Rep. Ridgeway: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-691 SO AS TO PROVIDE THAT THE WOOLY MAMMOTH IS DESIGNATED AS THE OFFICIAL STATE FOSSIL OF SOUTH CAROLINA.

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

H. 4385 (Word version) -- Rep. Parks: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 178 IN GREENWOOD COUNTY FROM ITS INTERSECTION WITH "MAYS CROSSROADS" TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 25 "DR. BENJAMIN E. MAYS HIGHWAY", AND THAT APPROPRIATE MARKERS OR SIGNS BE ERECTED ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "DR. BENJAMIN E. MAYS HIGHWAY".

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

AMENDMENT PROPOSED, CARRIED OVER

H. 3919 (Word version) -- Reps. Owens, Bowen, Patrick, Taylor, Anderson, Allison, Brannon, Loftis, Ballentine, Rivers, Huggins, Knight, Simrill, King, Willis, Whitmire, McCoy, Anthony, Crosby, Neal, Clyburn, Barfield, Bedingfield, R.L. Brown, Cobb-Hunter, George, Hayes, Hiott, Hixon, Hosey, Lucas, Pope, Putnam, G.R. Smith, Wells, Wood, Whipper, Mitchell, Robinson-Simpson and Dillard: A BILL TO AMEND SECTION 59-18-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXIT EXAM REQUIRED FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ALL STUDENTS MUST TAKE THE EXIT EXAM TO GRADUATE BUT NEED NOT ATTAIN ANY MINIMUM SCORE ON THE EXIT EXAM TO GRADUATE, TO PROVIDE AN ELIGIBLE STUDENT WHO PREVIOUSLY FAILED TO RECEIVE A HIGH SCHOOL DIPLOMA OR WAS DENIED GRADUATION SOLELY FOR FAILING THE EXIT EXAM MAY REENROLL IN HIGH SCHOOL AND WILL NOT HAVE TO PASS THE EXIT EXAM TO RECEIVE A HIGH SCHOOL DIPLOMA, AND TO REQUIRE THE DEPARTMENT OF EDUCATION TO REMOVE ANY CONFLICTING REQUIREMENTS AND PROMULGATE CONFORMING CHANGES IN ITS APPLICABLE REGULATIONS; TO AMEND SECTION 59-48-35, RELATING TO REQUIREMENTS FOR A DIPLOMA FROM THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS, AND SECTION 59-139-60, RELATING TO THE DUTY OF THE STATE BOARD OF EDUCATION TO REVIEW STUDENT PERFORMANCE ON ASSESSMENT TESTING AND TO MONITOR THE PERFORMANCE OF SCHOOLS AND SCHOOL DISTRICTS, ALL SO AS TO MAKE CONFORMING CHANGES; AND TO CREATE THE HIGH SCHOOL ASSESSMENT STUDY COMMITTEE TO CONSIDER WHETHER THE HIGH SCHOOL ASSESSMENT PROGRAM SHOULD REMAIN THE ACCOUNTABILITY ASSESSMENT USED BY THE STATE AND TO RECOMMEND AN ALTERNATIVE IF NECESSARY, TO PROVIDE FOR THE COMPOSITION AND STAFFING OF THE STUDY COMMITTEE, TO REQUIRE THE COMMITTEE REPORT CERTAIN INFORMATION TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE TERMINATION OF THE STUDY COMMITTEE.

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

Senator HAYES proposed the following amendment (AGM\ 3919C007.AGM.AB14):

Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION   ___.   Article 3, Chapter 18, Title 59 of the 1976 Code is amended by adding:

"Section 59-18-325.   (A)   All students entering the eleventh grade for the first time in school year 2014-2015 and subsequent years, and all students entering the twelfth grade for the first time in school year 2014-2015 only, must be administered a career readiness assessment and a college readiness assessment that are provided by vendors and are procured by the department. The results of the assessments must be provided to each student, their respective schools, and to the State to:

(1)   assist students, parents, teachers, and guidance counselors in developing individual graduation plan and in selecting courses aligned with each student's future ambitions;

(2)   promote South Carolina's Work Ready Communities initiative; and

(3)   meet federal and state accountability requirements.

(B)   Students may subsequently use the results of these assessments to apply to college or to enter careers. The results must be added as part of each student's permanent record and maintained at the department for at least ten years. The purpose of the results is to provide instructional information to assist students, parents, and teachers to plan for each student's course selection. This course selection might include remediation courses, dual-enrollment courses, advanced placement courses, internships, or other options during the remaining semesters in high school. /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

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

OBJECTION

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

Senator BRYANT explained the Bill.

Senator YOUNG objected to further consideration of the Bill.

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

SPECIAL ORDER FAILED

H. 3412 (Word version) -- Reps. Harrell, Lucas, Clemmons, Herbkersman, Loftis, Barfield, Huggins, Bowen, K.R. Crawford, Allison, Merrill, Ballentine, McCoy, Wood, Erickson, Putnam, Bannister, Branham, Taylor, Limehouse, Southard, Atwater, Bingham, Brannon, Chumley, Cole, Crosby, Daning, Delleney, Gagnon, Gambrell, Goldfinch, Henderson, Hiott, Hixon, Kennedy, Lowe, D.C. Moss, V.S. Moss, Murphy, Newton, Owens, Patrick, Pitts, Pope, Rivers, Ryhal, Sandifer, G.M. Smith, G.R. Smith, J.R. Smith, Sottile, Spires, Stringer, Tallon, Thayer, Toole, White, Whitmire, Willis, Hardwick, Quinn, Hamilton, Forrester and Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO PROVIDE THAT THE SALES, USE, AND CASUAL EXCISE TAX REVENUES IN A FISCAL YEAR FROM THE SALE, USE, OR TITLING OF A VEHICLE REQUIRED TO BE REGISTERED AND LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF MOTOR VEHICLES MUST BE CREDITED TO THE STATE NON-FEDERAL AID HIGHWAY FUND, AND TO PROVIDE FOR THE USE OF THESE REVENUES.

Senator CLEARY moved that the Bill be set for Special Order.

Senator GROOMS argued contra to the motion to make the Bill a Special Order and Senator LEATHERMAN argued in favor of the motion to make the Bill a Special Order.

Senator BRYANT asked unanimous consent to argue contra to the motion to make the Bill a Special Order.

There was no objection.

Senator SHEHEEN asked unanimous consent to argue in favor of the motion to make the Bill a Special Order.

There was no objection.

OBJECTION

Senator GROOMS asked unanimous consent to set H. 3412 and S. 300 for Special Order.

Senator SCOTT objected.

The question then was the motion to set H. 3412 for Special Order.

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

Ayes 25; Nays 16

AYES

Alexander                 Allen                     Cleary
Coleman                   Courson                   Davis
Gregory                   Hutto                     Jackson
Johnson                   Leatherman                Lourie
Malloy                    Matthews                  McElveen
McGill                    Nicholson                 O'Dell
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond

Total--25

NAYS

Bennett                   Bright                    Bryant
Campsen                   Corbin                    Cromer
Fair                      Grooms                    Hayes
Hembree                   Martin, Larry             Massey
Peeler                    Turner                    Verdin
Young

Total--16

Having failed to receive the necessary vote, the motion to make the Bill a Special Order failed.

Remarks To Be Printed

On motion of Senator JACKSON, with unanimous consent, the remarks of Senator SHEHEEN, when reduced to writing and made available to the Desk, would be printed in the Journal.

Remarks To Be Printed

On motion of Senator SCOTT, with unanimous consent, the remarks of Senator CLEARY, when reduced to writing and made available to the Desk, would be printed in the Journal.

Motion Adopted

Senator PEELER moved to dispense with the balance of the Motion Period.

Senator GROOMS moved to table the motion to dispense with the balance of the motion period.

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

Ayes 9; Nays 32

AYES

Bright                    Bryant                    Campsen
Corbin                    Cromer                    Grooms
Lourie                    Shealy                    Verdin

Total--9

NAYS

Alexander                 Allen                     Bennett
Cleary                    Coleman                   Courson
Davis                     Fair                      Gregory
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Leatherman
Malloy                    Martin, Larry             Massey
Matthews                  McElveen                  McGill
Nicholson                 O'Dell                    Peeler
Rankin                    Reese                     Scott
Setzler                   Sheheen                   Thurmond
Turner                    Young

Total--32

The Senate refused to table the motion to dispense the balance of the motion period.

MOTION ADOPTED

At 1:05 P.M., on motion of Senator PEELER, the Senate agreed to dispense with the balance of the Motion Period.

  Expression of Personal Interest

Senator CORBIN rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator CROMER rose for an Expression of Personal Interest.

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

CONCURRENCE IN HOUSE AMENDMENTS

H. 4395 (Word version) -- Rep. Bales: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTURE OF UNITED STATES HIGHWAY 601 AND REYNOLDS ROAD IN THE TOWN OF EASTOVER IN HONOR OF ELIZABETH WORKMAN DEVEAUX, AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERSECTION THAT CONTAIN THE WORDS "ELIZABETH WORKMAN DEVEAUX INTERSECTION".

The House returned the Concurrent Resoluton with amendments, the question being concurrence in the House amendments.

Senator JACKSON explained the amendments.

The Senate concurred in the House amendments, and a message was sent to the House accordingly.

Motion Adopted

On motion of Senator COURSON, the Senate stood adjourned.

ADJOURNMENT

At 1:15 P.M., on motion of Senator COURSON, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

Recorded Vote

Senator BRIGHT desired to be recorded as voting against the motion to adjourn.

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