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

                                                  NO. 35

JOURNAL

OF THE

SENATE

OF THE

STATE OF SOUTH CAROLINA

REGULAR SESSION BEGINNING TUESDAY, JANUARY 14, 2014

_________

THURSDAY, MARCH 27, 2014

Thursday, March 27, 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:

Prior to Joshua's leading his people in a major engagement,   ". . .the Lord said to Joshua, 'Do not be afraid; do not be discouraged.'"

(Joshua 8:1b)

Please, pray with me:

O God of Mercy and of Love, here at what is probably the halfway point of this Legislative term, it is good to reflect upon all that has been accomplished by these Senators and by their aides. We are grateful for the good that these leaders have achieved. Yet there remains so much still to be done, so many needs that our people have, so many loose-ends to be tied up. Our prayer today is that these faithful servants will not be discouraged. May they continue to sense Your faithfulness and Your blessing. And may they still accomplish great good for the people of South Carolina. We pray this in Your loving name, Lord. Amen.

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

ADDENDUM TO THE JOURNAL

The following Message from the House was inadvertently omitted from the Journal of March 4, 2014:

Message from the House

Columbia, S.C., March 4, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, South Carolina State Board for Technical and Comprehensive Education, with term to commence July 1, 2011:

3rd Congressional District:

Mr. Charles G. Wilson, 116 Calhoun Road East, Greenwood, SC 29646 VICE Mr. Bettis Rainsford
Very respectfully,
Speaker of the House

Received as information.

MESSAGE FROM THE GOVERNOR

The following appointments were transmitted by the Honorable Nikki Randhawa Haley:

Local Appointment

Initial Appointment, Georgetown County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Steven C. Pop, 47 Deer Moss Ct., Pawley's Island, SC 29585 VICE Hon. Alan Walters

Privilege of the Chamber

On motion of Senator BRYANT, on behalf of Senator McELVEEN, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, will be extended to Ray Tanner, Harris Pastides and Steve Spurrier of the University of South Carolina on the occasion of congratulating Coach Spurrier on being the "winningest" coach in the history of Carolina football.

Doctor of the Day

Senators CAMPBELL and BENNETT introduced Dr. Otis Engelman of Summerville, S.C., Doctor of the Day. Dr. Engelman is Vice President of Palmetto Primary Care Physicians.

Leave of Absence

On motion of Senator MALLOY, at 11:20 A.M., Senator BRYANT was granted a leave of absence from 1:00 P.M - 3:00 P.M.

Leave of Absence

At 12:30.M., Senator LEATHERMAN requested a leave of absence for the balance of the day.

Leave of Absence

At 1:00 P.M., Senator SHEALY requested a leave of absence from April 1, 2014 through April 8, 2014.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 1094 (Word version)     Sen. Rankin

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1169 (Word version) -- Senators McElveen, Coleman, Cromer, Hembree, O'Dell, Setzler, Massey, Hutto, McGill, Malloy, Young, Matthews, Rankin, Gregory and Bennett: A SENATE RESOLUTION TO DECLARE MONDAY, MARCH 31, 2014 "LINEMAN APPRECIATION DAY" IN SOUTH CAROLINA AND TO RECOGNIZE SOUTH CAROLINA'S LINEMEN FOR THEIR DEDICATION TO KEEPING SOUTH CAROLINA'S CITIZENS SAFE.
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The Senate Resolution was adopted.

S. 1170 (Word version) -- Senator Cleary: A SENATE RESOLUTION TO RECOGNIZE AND HONOR LIEUTENANT RALPH RICHARD CARTER, FORMERLY OF THE MYRTLE BEACH FIRE DEPARTMENT, UPON THE OCCASION OF HIS RETIREMENT AFTER TWENTY YEARS OF DISTINGUISHED SERVICE, AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1171 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 38-71-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SECTION 38-71-1330, AS AMENDED, SECTION 38-71-1360, AND SECTION 38-71-1440, ALL RELATING TO THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT, ALL SO AS TO MAKE CHANGES TO REFLECT THE ELIMINATION OF THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO PROVIDE THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM MUST DEVELOP A PLAN TO PHASE OUT AND TERMINATE THAT PROGRAM AND THE PHASE OUT OF COVERAGE IT OFFERS BEFORE JANUARY 1, 2015; AND TO REPEAL SECTION 8-71-1380, SECTION 38-71-1390, SECTION 38-71-1400, SECTION 38-71-1410, AND SECTION 38-71-1420 ALL RELATING TO THE SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1172 (Word version) -- Senators Nicholson, Hayes, Turner, Sheheen, L. Martin, McGill, Alexander, O'Dell, Johnson, Scott and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-15-75 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF CRITERIA AND GUIDELINES FOR STATE-DESIGNATED CULTURAL DISTRICTS BY THE SOUTH CAROLINA ARTS COMMISSION, TO STATE THE INTENDED PURPOSE OF THE CULTURAL DISTRICTS, AND TO PROVIDE RELATED POWERS AND DUTIES OF THE COMMISSION WITH RESPECT TO THE CULTURAL DISTRICTS.
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Read the first time and referred to the Committee on Education.

S. 1173 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11, TITLE 25 SO AS TO CREATE THE SOUTH CAROLINA PRISONER OF WAR MEDAL, TO PROVIDE THAT THE GOVERNOR MAY PRESENT THE MEDAL ON BEHALF OF THE PEOPLE OF THE STATE OF SOUTH CAROLINA, TO SET FORTH ELIGIBILITY, AND TO ALLOW THE MEDAL TO BE AWARDED TO A DECEASED OR ABSENT PERSON.
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Read the first time and referred to the General Committee.

S. 1174 (Word version) -- Senators Jackson and Courson: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE DREHER HIGH SCHOOL GIRLS VARSITY BASKETBALL TEAM, COACHES, AND SCHOOL OFFICIALS FOR AN OUTSTANDING SEASON AND TO CONGRATULATE THEM FOR WINNING THE 2014 CLASS AAA STATE CHAMPIONSHIP TITLE.
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The Senate Resolution was adopted.

S. 1175 (Word version) -- Senator Grooms: 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.
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Read the first time and referred to the Committee on Transportation.

H. 3361 (Word version) -- Reps. Cobb-Hunter, Long, Weeks and R. L. Brown: A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.

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

H. 3400 (Word version) -- Reps. Merrill, Cobb-Hunter, Barfield, W. J. McLeod and Weeks: A BILL TO AMEND SECTION 43-5-1285, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVALUATION OF THE SUCCESS AND EFFECTIVENESS OF THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995, SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO REPORT ANNUALLY CERTAIN DATA TO THE GENERAL ASSEMBLY; BY ADDING SECTION 2-15-64 SO AS TO REQUIRE THE LEGISLATIVE AUDIT COUNCIL TO AUDIT EVERY THREE YEARS A PROGRAM OF THE DEPARTMENT OF SOCIAL SERVICES TO BE DETERMINED IN CONSULTATION WITH THE HOUSE JUDICIARY COMMITTEE AND SENATE GENERAL COMMITTEE AND TO AUTHORIZE THE LEGISLATIVE AUDIT COUNCIL TO SEEK REIMBURSEMENT OF AUDIT COSTS FROM THE DEPARTMENT OF SOCIAL SERVICES UNDER CERTAIN CIRCUMSTANCES; AND TO MAKE TECHNICAL CHANGES.

Read the first time and referred to the General Committee.

H. 4408 (Word version) -- Reps. Horne and Weeks: A BILL TO AMEND SECTION 63-11-1930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD TWO MEMBERS TO THE COMMITTEE; TO AMEND SECTION 63-11-1940, RELATING TO THE DUTIES OF THE STATE LAW ENFORCEMENT DIVISION'S DEPARTMENT OF CHILD FATALITIES, SO AS TO DELETE CERTAIN PROVISIONS REQUIRING THE DEPARTMENT TO PROCEED WITH AN INVESTIGATION OR TO CLOSE A CASE; AND TO MAKE TECHNICAL CORRECTIONS.

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

H. 4501 (Word version) -- Reps. Hiott, Knight, R. L. Ott and Sandifer: A BILL TO AMEND SECTION 44-2-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERB ACCOUNT AND THE SUPERB FINANCIAL RESPONSIBILITY FUND ESTABLISHED TO ASSIST IN CARRYING OUT THE PURPOSES OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DEFINE "USUAL, CUSTOMARY, AND REASONABLE COSTS", OF SITE REHABILITATION OF RELEASES FROM UNDERGROUND STORAGE TANKS CONTAINING PETROLEUM, AS PAYMENTS NOT LESS THAN THE JULY 1, 2011, SUPERB ALLOWABLE COST REIMBURSEMENT SCHEDULE AND TO FURTHER PROVIDE FOR THE USE AND APPLICATION OF THIS REIMBURSEMENT SCHEDULE.

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

H. 4519 (Word version) -- Reps. Pitts, D. C. Moss, Pope, Merrill, Gambrell, Patrick, Rutherford, Loftis, Clyburn, Toole, Atwater, Burns, G. M. Smith, K. R. Crawford, Lowe, Bannister, Bingham, Herbkersman, Sandifer, Simrill, G. R. Smith, Tallon and Whitmire: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 2 SO AS TO ESTABLISH THE CAPITOL POLICE FORCE, WHICH CONSISTS OF THE CAPITOL POLICE FORCE, THE SERGEANT AT ARMS OF THE SENATE, THE SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES, AND THE MARSHAL OF THE SUPREME COURT, TO PROVIDE THAT THE FUNCTIONS, POWERS, DUTIES, AND RESPONSIBILITIES EXERCISED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE BUREAU OF PROTECTIVE SERVICES AT THE STATE HOUSE AND CAPITOL GROUNDS AND THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT, INCLUDING ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES WHOSE DUTIES INVOLVE THE PROVISION OF SECURITY SERVICES AT THESE AREAS, BUT EXCLUDING THOSE AREAS OF THE STATE HOUSE THAT ARE RESERVED FOR THE EXECUTIVE CHAMBER AND THE GOVERNOR'S STAFF, ARE DEVOLVED UPON AND TRANSFERRED TO THE CAPITOL POLICE FORCE, TO PROVIDE THAT THE SERGEANT AT ARMS OF THE SENATE AND THE SERGEANT AT ARMS OF THE HOUSE OF REPRESENTATIVES SHALL HAVE EXCLUSIVE CARE AND CHARGE OVER SPECIFIC AREAS, AND PROVIDE THAT THE MARSHAL OF THE SUPREME COURT SHALL HAVE PRIMARY RESPONSIBILITY OVER THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT, AND OTHER SPECIFIED AREAS, TO PROVIDE FOR THE CREATION OF THE CAPITOL POLICE FORCE COMMITTEE, CONSISTING OF THREE MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT PRO TEMPORE, THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER, AND THREE MEMBERS APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROVIDE THAT THE DIRECTOR OF GENERAL SERVICES SHALL SERVE AS A NONVOTING MEMBER OF THE COMMITTEE, TO PROVIDE FOR THE DUTIES OF THE CAPITOL POLICE FORCE COMMITTEE, TO PERMIT THE CHIEF OF THE CAPITOL POLICE FORCE TO EMPLOY SUCH DEPUTY OFFICERS AND OTHER EMPLOYEES AS NECESSARY, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE, THE SERGEANTS AT ARMS OF THE SENATE AND HOUSE, THE MARSHAL OF THE SUPREME COURT, AND ALL THEIR DEPUTIES SHALL HAVE THE SAME POLICE POWERS AS SHERIFFS AND DEPUTY SHERIFFS, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE MAY ENTER INTO RECIPROCAL LAW ENFORCEMENT AGREEMENTS, TO PROVIDE THAT THE CHIEF OF THE CAPITOL POLICE FORCE, AND HIS DEPUTIES SHALL DEMONSTRATE KNOWLEDGE OF THE DUTIES OF LAW ENFORCEMENT OFFICERS OR UNDERGO TRAINING REQUIRED OF OFFICERS OF THE SOUTH CAROLINA STATE POLICE, AND TO PROVIDE FOR THE DUTIES OF THE CAPITOL POLICE FORCE OFFICERS; BY ADDING SECTION 14-3-135 SO AS TO PROVIDE FOR THE APPOINTMENT OF A MARSHAL OF THE SUPREME COURT AND TO DEFINE HIS DUTIES; TO AMEND SECTION 10-1-30, RELATING TO THE USE OF THE STATE HOUSE LOBBIES, STATE HOUSE STEPS, AND OTHER PUBLIC BUILDINGS AND GROUNDS, SO AS TO FURTHER PROVIDE FOR THE USE OF THESE FACILITIES AND HOW THIS USE IS REGULATED, AND TO PROVIDE THAT THE CAPITOL POLICE FORCE SHALL PROVIDE SECURITY SERVICES FOR ALL USES OF THE STATE HOUSE LOBBIES, STATE HOUSE STEPS AND GROUNDS, AND ALL PUBLIC BUILDINGS AND GROUNDS IN THE CAPITOL COMPLEX; TO AMEND CHAPTER 11, TITLE 10, RELATING TO TRESPASSES AND OFFENSES ON THE CAPITOL GROUNDS AND IN CAPITOL BUILDINGS, AND RELATED MATTERS, SO AS TO FURTHER PROVIDE FOR THESE TRESPASSES AND OFFENSES, FOR LAW ENFORCEMENT AUTHORITY OVER THEM, AND THE RELATED JURISDICTION OF SPECIFIED COURTS, INCLUDING PROVISIONS TO PROVIDE THAT THE PARKING LOTS ON THE CAPITOL GROUNDS AND AT THE SUPREME COURT BUILDING MUST BE POLICED BY THE CAPITOL POLICE FORCE, TO DELETE PROVISIONS RELATING TO NIGHT WATCHMEN AND POLICEMEN EMPLOYED BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE CAPITOL POLICE FORCE HAS THE RIGHT TO ISSUE PARKING TICKETS, TO DELETE REFERENCES TO THE CITY OF COLUMBIA RECORDER, AND TO FURTHER PROVIDE FOR THE JURISDICTION OF CERTAIN COURTS IN CRIMINAL MATTERS ARISING IN THESE LOCATIONS, TO DELETE REFERENCES TO THE STATE HOUSE RENOVATION PROJECT, AND TO REVISE THE DEFINITION OF "CAPITOL GROUNDS" SO AS TO INCLUDE THE SUPREME COURT BUILDING, ITS GROUNDS AND PARKING LOT.

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

H. 4630 (Word version) -- Reps. Funderburk, Pitts and Weeks: A BILL TO AMEND SECTION 23-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OR LAPSE OF THE LAW ENFORCEMENT CERTIFICATION OF AN OFFICER UPON HIS DISCONTINUANCE OF EMPLOYMENT, SO AS TO PROVIDE AN EXEMPTION WHEN THE EMPLOYMENT IS DISCONTINUED BECAUSE OF HIS ABSENCE FROM WORK DUE TO A DISABILITY HE SUSTAINED IN THAT EMPLOYMENT FOR WHICH HE RECEIVES WORKERS' COMPENSATION BENEFITS AND FROM WHICH HE HAS NOT BEEN AUTHORIZED TO RETURN TO WORK WITHOUT RESTRICTION TO REQUIRE HE SATISFY CONTINUING EDUCATION REQUIREMENTS OF THIS PERIOD; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2013.

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

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.

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

H. 4670 (Word version) -- Reps. Newton, Sandifer, Lowe, Ballentine, V. S. Moss, Hamilton, Bannister, Weeks and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-625 SO AS TO PROVIDE A PROCESS FOR EXPEDITING MORTGAGE FORECLOSURES AND TO DEFINE NECESSARY TERMINOLOGY.

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

H. 4732 (Word version) -- Reps. J. E. Smith and Clemmons: A BILL TO AMEND SECTIONS 7-11-20, 7-11-25, AND 7-13-15, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO THE CONDUCT BY THE STATE ELECTION COMMISSION OF PARTY CONVENTIONS OR PARTY PRIMARY ELECTIONS, THE AUTHORITY OF POLITICAL PARTIES TO CONDUCT ADVISORY PRIMARY ELECTIONS AT PARTY EXPENSE, AND THE DATE PROVIDED BY LAW FOR HOLDING PRIMARY ELECTIONS AND THE PRIMARIES NOT SUBJECT TO THAT DATE, SO AS TO DELETE OBSOLETE DATE REFERENCES, TO CLARIFY THE AUTHORITY OF A POLITICAL PARTY TO CONDUCT AN ADVISORY PRIMARY AT PARTY EXPENSE, TO CLARIFY THAT THE DATE OF A PRESIDENTIAL PREFERENCE PRIMARY CONDUCTED BY THE STATE ELECTION COMMISSION MUST BE SET BY THE PARTY RATHER THAN THE GENERAL STATE LAW DATE FOR PRIMARIES AND TO ALLOW THE STATE ELECTION COMMISSION TO CARRY FORWARD ANY YEAR END BALANCES IN ITS FILING FEE AND PRIMARY AND GENERAL ELECTION ACCOUNTS TO THE SUCCEEDING FISCAL YEAR, AND TO PROVIDE THAT THESE CARRIED FORWARD FUNDS MUST BE EXPENDED FOR THE SAME PURPOSE.

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

H. 4968 (Word version) -- Reps. Bingham, Allison, Anthony and Hayes: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL EDUCATION FINANCE ACT ALLOCATIONS, SO AS TO REVISE COST FACTORS OR WEIGHTINGS USED TO DETERMINE THESE ALLOCATIONS, AMONG OTHER THINGS.

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

REPORTS OF STANDING COMMITTEES
Appointments Reported

Senator VERDIN from the Committee on Agriculture and Natural Resources submitted a favorable report on:

Statewide Appointment

Initial Appointment, South Carolina State Board of Veterinary Medical Examiners, with the term to commence April 6, 2013, and to expire April 6, 2017
Veterinary Technicians:

William Marshall Liger, III, 415 Parkdale Dr. #14B, Charleston, SC 29414 VICE Christine M. Hartman

Received as information.

Senator ALEXANDER from the Committee on Labor, Commerce and Industry submitted a favorable report on:

Statewide Appointments

Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2011, and to expire July 27, 2014
6th Congressional District:

Curtis B. Carter, 2322 Lakeside Street, Orangeburg, SC 29118 VICE Jerome Stephens Bilton

Received as information.

Reappointment, Jobs Economic Development Authority, with the term to commence July 27, 2014, and to expire July 27, 2017
6th Congressional District:
Curtis B. Carter, 2322 Lakeside Street, Orangeburg, SC 29118

Received as information.

Initial Appointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2012, and to expire May 30, 2015
Consulting:

Edna Cox Rice, 117 Scotland Dr., Lexington, SC 29072 VICE Nancy Taylor

Received as information.

Initial Appointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2012, and to expire May 31, 2015
General Public:

Rex L. Casterline, 220 Executive Center Dr., Columbia, SC 29210 VICE Rhonwen L. Newton

Received as information.

Senator BRYANT from the Committee on Invitations polled out S. 1149 favorable:

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.

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

AYES

Bryant                    Alexander                 McGill
Verdin                    Campsen                   Cromer
Malloy                    Cleary                    Kimpson

Total--9

NOT VOTING

Total--2

Reese                     Johnson

S. 1149--Adopted, Sent to the House

Senator FAIR asked unanimous consent to take the Concurrent Resolution up for immediate consideration.

There was no objection.

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

On motion of Senator FAIR, the Concurrent Resolution was adopted, ordered sent to the House.

Message from the House

Columbia, S.C., March 27, 2014

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Daning, Merrill and Jefferson to the Committee of Conference on the part of the House on:

H. 4467 (Word version) -- Reps. Daning, Rivers, Crosby, Southard, Jefferson and Merrill: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE VARIOUS EXISTING PRECINCTS, TO ADD TEN PRECINCTS, AND TO REDESIGNATE THE MAP NUMBER ON WHICH THE NAMES OF THESE PRECINCTS MAY BE FOUND AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 20, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence June 30, 2013 and to expire June 30, 2018:

1st Congressional District:

Mr. Francis E. Grimball, 723 Kirk Court, Mount Pleasant, SC 29464 VICE Dr. Richard H. Fitzgerald
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 4, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence June 30, 2012 and to expire June 30, 2017:

7th Congressional District:

Ms. Julie S. Jeffords-Moose, 1630 Cherokee Road, Florence, SC 29501 VICE Vacant Due to Redistricting
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 4, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence June 30, 2011 and to expire June 30, 2016:

At-Large:

Ms. Sherri A. Lydon, 2530 Canterbury Road, Columbia, SC 29204 VICE Philip Florence
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., January 15, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence June 30, 2013 and to expire June 30, 2018:

5th Congressional District:

Mr. Twana N. Burris-Alcide, 591 Lakeside Drive, Rock Hill, SC 29730
VICE Vacant
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., March 4, 2014

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Appointment, State Ethics Commission, with term to commence June 30, 2010, and to expire June 30, 2015:

At-Large:

Mr. Thomas M. Galardi, 140 Foxwood Drive, Aiken, SC 29803
VICE Mr. George Manley
Very respectfully,
Speaker of the House

Received as information.

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

OBJECTION TO FURTHER CONSIDERATION OF THE BILL

S. 459 (Word version) -- Senators Sheheen and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-55, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO HOLDS A BEGINNER'S PERMIT OR A RESTRICTED DRIVER'S LICENSE TO DRIVE A MOTOR VEHICLE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO DRIVE A MOTOR VEHICLE THROUGH A SCHOOL ZONE WHILE USING A CELLULAR TELEPHONE OR TEXT MESSAGING DEVICE WHEN THE SCHOOL ZONE'S WARNING LIGHTS HAVE BEEN ACTIVATED.

Motion Under Rule 26B

Senator THURMOND moved to take up a further amendment pursuant to the provisions of Rule 26B.

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

Ayes 25; Nays 17

AYES

Allen                     Campbell                  Campsen
Cleary                    Davis                     Fair
Gregory                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Massey                    McElveen
McGill                    Nicholson                 Peeler
Reese                     Scott                     Setzler
Sheheen                   Thurmond                  Williams
Young

Total--25

NAYS

Alexander                 Bennett                   Bright
Bryant                    Corbin                    Courson
Cromer                    Grooms                    Hayes
Hembree                   Leatherman                Martin, Larry
Martin, Shane             O'Dell                    Shealy
Turner                    Verdin

Total--17

Having failed to receive the necessary vote, the Senate refused to take up the amendment.

The question then was third reading of the Bill.

Senator THURMOND objected to further consideration of the Bill.

OBJECTION TO FURTHER CONSIDERATION OF THE BILL

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.

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

There was no objection.

Motion Under Rule 26B

Senator GROOMS moved to take up a further amendment pursuant to the provisions of Rule 26B.

There was no objection.

  Amendment No. 3

Senator GROOMS proposed the following amendment (862R012.LKG):

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

/   SECTION   1.   Section 40-59-260 of the 1976 Code is amended to read:

"Section 40-59-260.   (A)   This chapter does not apply to an owner of residential property who improves the property or builds structures or appurtenances on the property if:

(1)   the owner does the work himself, with his own employees, or with licensed contractors or registered entities or individuals;

(2)(a)   the structure, group of structures, or appurtenances, including the improvements, are intended for the owner's sole occupancy or occupancy by the owner's family and are not intended for sale or rent; and or

(b)   the owner improves existing structures or appurtenances on the property at a cost not to exceed five thousand dollars; and

(3)   the general public does not have access to this structure.

(B)   In an action brought under this chapter, proof of the sale or rent or the offering for sale or rent of the structure by the owner-builder within two years after completion or issuance of a certificate or occupancy is prima facie evidence that the project was undertaken for the purpose of sale or rent, unless otherwise approved by the commission, and is subject to the penalties provided in this chapter. As used in this section, 'sale' or 'rent' includes an arrangement by which an owner receives compensation in money, provisions, chattel, or labor from the occupancy, or the transfer of the property or the structures on the property. This section does not exempt a person who is employed by the owner and who acts in the capacity of a builder or a specialty contractor of any kind.

(C)   To qualify for exemption under this section, an owner must personally appear and sign the building permit application. The local permitting agency shall provide the person with a disclosure statement, provided by the department, in substantially the following form:

  'Disclosure Statement

State law requires residential construction to be done by licensed residential builders and specialty contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own builder even though you do not have a license. You must supervise the construction yourself. You may build or improve a one-family or two-family residence or improve an existing structure or appurtenance. The building Except as provided below related to improvements, if you build or improve a one-family or two-family residence, it must be for your own use and occupancy. It may not be built for sale or rent. If you sell or rent a building you have built yourself within two years after the construction is complete, the law will presume that you built it for sale or rent, which is a violation of this exemption. If you only improve the property and do not intend to live in the property for two years you may not spend more than five thousand dollars on the improvements to qualify for the exemption. You may not hire an unlicensed person as your residential builder or specialty contractor. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations.'

(D)   At the time an owner personally appears and signs the building permit application as required by subsection (C) of this section, the local permitting agency shall provide the owner with all forms necessary to comply with subsection (E) of this section.

(E)   If a residential building or structure has been constructed or improved by an owner under the exemption provided for in this section, the owner of the residential building or structure must promptly file as a matter of public record a notice with the register of deeds, indexed under the owner's name in the grantor's index, stating that the residential building or structure was constructed or improved by the owner as an unlicensed builder. Failure to do so revokes the statutory exemption.

(F)   Nothing in this chapter may be construed to authorize an owner of a residential building or structure to hire a person or entity that is not licensed or registered in accordance with this chapter."       /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

Senator THURMOND objected to further consideration of the Bill.

THIRD READING BILLS

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

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.

S. 940--Recorded Vote

Senators SHANE MARTIN and BRIGHT desired to be recorded as voting against the third reading of the Bill.

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.

S. 1035 (Word version) -- Senators Davis, Rankin, Shealy, Cleary, L. Martin, Grooms, Bright, Pinckney, Coleman, Bryant, Verdin and Campbell: 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.

HOUSE BILL RETURNED

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

H. 3592 (Word version) -- Reps. Sandifer and Loftis: A BILL TO AMEND ARTICLE 8, CHAPTER 52, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "ENERGY INDEPENDENCE AND SUSTAINABLE CONSTRUCTION ACT OF 2007", SO AS TO DELETE CERTAIN DEFINITIONS, TO CHANGE CERTIFICATION STANDARDS WITH WHICH MAJOR FACILITY PROJECTS MUST COMPLY, TO ELIMINATE REFERENCE TO THE LEED AND GREEN GLOBES CERTIFICATION RATING SYSTEMS, AND TO MAKE TECHNICAL CORRECTIONS.

READ THE SECOND TIME

S. 1008 (Word version) -- Senators Setzler and Lourie: A BILL TO AMEND SECTION 9-8-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCLUDE ADMINISTRATIVE LAW JUDGES IN THE DEFINITION OF "JUDGE"; AND TO AMEND SECTION 9-8-40, AS AMENDED, RELATING TO MEMBERSHIP IN THE SYSTEM, SO AS TO ALLOW ADMINISTRATIVE LAW JUDGES SERVING ON JULY 1, 2014, TO ELECT TO BECOME A MEMBER.

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 6

AYES

Alexander                 Allen                     Bennett
Campbell                  Cleary                    Coleman
Courson                   Cromer                    Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Malloy                    Martin, Larry             Matthews
McElveen                  McGill                    Nicholson
O'Dell                    Peeler                    Rankin
Reese                     Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--37

NAYS

Bright                    Bryant                    Corbin
Davis                     Martin, Shane             Massey

Total--6

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

READ THE SECOND TIME

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 second reading of the Bill.

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

Ayes 45; Nays 0

AYES

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

Total--45

NAYS

Total--0

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

READ THE SECOND TIME

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.

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 41; Nays 5

AYES

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

Total--41

NAYS

Jackson                   McElveen                  Setzler
Sheheen                   Young

Total--5

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

CARRIED OVER

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

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

H. 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; AND MAKE CERTAIN OTHER CHANGES RELATED TO CAPTIVE INSURANCE COMPANIES.

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 MALLOY, the Bill was carried over.

H. 4603 (Word version) -- Reps. Sottile, Harrell, Goldfinch, Crosby, McCoy, Erickson, Murphy, Stavrinakis, Bowen and Forrester: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE OR APPROVE ORDERS ALLOWING SAND SCRAPING AND SANDBAGGING FOR THE PROTECTION OF GOLF COURSES.

On motion of Senator CLEARY, the Joint Resolution 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.

Senator MASSEY explained the Bill.

On motion of Senator MASSEY, 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 HUTTO, 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 SCOTT, the Bill was carried over.

H. 4482 (Word version) -- Rep. Ridgeway: A BILL TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE 1976 CODE, RELATING TO STATE EMBLEMS, BY ADDING SECTION 1-1-712A, SO AS TO DESIGNATE THE COLUMBIAN MAMMOTH AS THE OFFICIAL STATE FOSSIL.

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

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".

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

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.

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

S. 1093 (Word version) -- Senators Fair, Campbell, Young, Turner, Williams, Massey, Shealy and Thurmond: A BILL TO AMEND SECTION 24-3-965, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIVE JURISDICTION OF THE MAGISTRATES COURT TO TRY CASES INVOLVING THE OFFENSE OF FURNISHING TO AN INMATE AND THE POSSESSION BY AN INMATE OF CERTAIN CONTRABAND, SO AS TO PROVIDE THAT CONTRABAND COVERED BY THIS SECTION DOES NOT INCLUDE TELECOMMUNICATION DEVICES, AND TO DEFINE THE TERM "TELECOMMUNICATION DEVICE".

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

S. 894 (Word version) -- Senator Massey: A BILL TO AMEND CHAPTER 1, TITLE 14 OF THE 1976 CODE, RELATING TO GENERAL PROVISIONS APPLICABLE TO COURTS, BY ADDING SECTION 14-1-240, TO PROVIDE THAT A FIVE DOLLAR SURCHARGE TO FUND TRAINING AT THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY SHALL BE LEVIED ON ALL FINES, FORFEITURES, ESCHEATMENTS, OR OTHER MONETARY PENALTIES IMPOSED IN THE GENERAL SESSIONS COURT OR IN MAGISTRATES OR MUNICIPAL COURT FOR MISDEMEANOR TRAFFIC OFFENSES OR FOR NONTRAFFIC VIOLATIONS.

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

S. 900 (Word version) -- Senator Allen: A JOINT RESOLUTION TO CREATE THE "STUDY COMMITTEE ON EXPUNGEMENT OF CRIMINAL OFFENSES" TO REVIEW THE CRIMINAL LAWS OF THE STATE AND DETERMINE CRIMINAL OFFENSES APPROPRIATE FOR EXPUNGEMENT, TO PROVIDE FOR THE MEMBERSHIP AND STAFFING OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE'S TERMINATION.

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

S. 1085 (Word version) -- Senators Campbell, Grooms, Matthews, McGill and O'Dell: A BILL TO AMEND SECTION 4-37-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO THE USE OF LOCAL SALES AND USE TAX OR TOLL REVENUES TO FINANCE TRANSPORTATION INFRASTRUCTURE IN A COUNTY, SO AS TO PROVIDE A PROCEDURE FOR THE GOVERNING BODY OF A COUNTY IN WHICH THE TRANSPORTATION INFRASTRUCTURE LOCAL SALES AND USE TAX IS CURRENTLY IMPOSED FOR LESS THAN THE TWENTY-FIVE YEAR MAXIMUM IMPOSITION PERIOD, UPON REFERENDUM APPROVAL, MAY EXTEND WITHOUT INTERRUPTION THE INITIAL IMPOSITION FOR AN IMPOSITION PERIOD IN THE AGGREGATE NOT TO EXCEED TWENTY-FIVE YEARS, TO PROVIDE WHAT QUESTIONS MUST APPEAR ON THE REFERENDUM BALLOT, TO PROVIDE THAT A REFERENDUM FOR OTHER THAN THE INITIAL IMPOSITION OF THE TAX MAY BE HELD AT THE TIME OF EITHER A GENERAL OR SPECIAL ELECTION IN THE COUNTY, AS THE GOVERNING BODY OF THE COUNTY MAY DETERMINE, AND TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IN WHICH THE TRANSPORTATION INFRASTRUCTURE LOCAL SALES AND USE TAX IS CURRENTLY IMPOSED, WITHIN TWO YEARS OF THE TERMINATION OF THE TAX OR THE ANTICIPATED TERMINATION OF THE TAX AND UPON REFERENDUM APPROVAL, MAY RENEW WITHOUT INTERRUPTION THE IMPOSITION OF THE TAX AND PROVIDE THAT NO MORE THAN ONE REFERENDUM RELATING TO THIS TAX BE HELD IN A CALENDAR YEAR.

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 SCOTT, the Concurrent Resolution was carried over.

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

MOTION ADOPTED

At 12:36 P.M., on motion of Senator PEELER, the Senate agreed to dispense with the balance of the Motion Period.

Motion Adopted

On motion of Senator COURSON, the Senate agreed to go into Executive Session prior to adjournment.

EXECUTIVE SESSION

On motion of Senator COURSON, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

STATEWIDE APPOINTMENTS
Confirmations

Having received a favorable report from the Medical Affairs Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Board of Medical Examiners, with the term to commence December 31, 2010, and to expire December 31, 2014
At-Large - Gubernatorial:

Daniel F. Sadd, 112 Strathmoore Dr., Greer, SC 29650 VICE Dr. Louis E. Costa

On motion of Senator PEELER, the question was confirmation of Mr. Daniel F. Sadd.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McElveen                  McGill
Nicholson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

The appointment of Mr. Daniel F. Sadd was confirmed.

Having received a favorable report from the Medical Affairs Committee, the following appointment was taken up for immediate consideration:
Statewide Reappointment, South Carolina State Board of Medical Examiners, with the term to commence December 31, 2014, and to expire December 31, 2018
At-Large - Gubernatorial:

Daniel F. Sadd, 112 Strathmoore Dr., Greer, SC 29650

On motion of Senator PEELER, the question was confirmation of Mr. Daniel F. Sadd.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McElveen                  McGill
Nicholson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

The appointment of Mr. Daniel F. Sadd was confirmed.

Having received a favorable report from the Agriculature and Natural Resources, the following appointment was taken up for immediate consideration:

Initial Appointment, South Carolina State Board of Veterinary Medical Examiners, with the term to commence April 6, 2012, and to expire April 6, 2018
Consumer Advocate:
Rebecca I. Shealy, 41 Fernie Lane, Rembert, SC 29128 VICE Dr. Cindy Nord

On motion of Senator VERDIN, the question was confirmation of Ms. Rebecca I. Shealy.

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

Ayes 40; Nays 0; Abstain 1

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
McElveen                  McGill                    Nicholson
Peeler                    Pinckney                  Rankin
Reese                     Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Verdin                    Williams
Young

Total--40

NAYS

Total--0

ABSTAIN

Hutto

Total--1

The appointment of Ms. Rebecca I. Shealy was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Athletic Commission, with the term to commence June 30, 2014, and to expire June 30, 2018
1st Congressional District:
William Lee McCullough, 18 Rivers Ct., Beaufort, SC 29907 VICE William Lawson

On motion of Senator ALEXANDER, the question was confirmation of Mr. William L. McCullough.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McElveen                  McGill
Nicholson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

The appointment of Mr. William L. McCullough was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2012, and to expire June 30, 2017
7th Congressional District:
Julie S. Jeffords-Moose, 1630 Cherokee Road, Florence, SC 29501 VICE Vacant Due To Redistricting

On motion of Senator LARRY MARTIN, the question was confirmation of Ms. Julie Jeffords-Moose.

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

Ayes 38; Nays 0; Abstain 3

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams                  Young

Total--38

NAYS

Total--0

ABSTAIN

Hutto                     Malloy                    Thurmond

Total--3

The appointment of Ms. Jeffords-Moose was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2011, and to expire June 30, 2016
At-Large:

Sherri A. Lydon, 2530 Canterbury Rd., Columbia, SC 29204 VICE Philip Florence

On motion of Senator LARRY MARTIN, the question was confirmation of Ms. Sherri A. Lydon.

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

Ayes 38; Nays 0; Abstain 3

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams                  Young

Total--38

NAYS

Total--0

ABSTAIN

Hutto                     Malloy                    Thurmond

Total--3

The appointment of Ms. Sherri A. Lydon was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Reappointment, South Carolina State Ethics Commission, with the term to commence June 30, 2013, and to expire June 30, 2018
5th Congressional District:
Twana N. Burris-Alcide, 591 Lakeside Drive, Rock Hill, SC 29730

On motion of Senator LARRY MARTIN, the question was confirmation of Ms. Twana N. Burris-Alcide.

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

Ayes 38; Nays 0; Abstain 3

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams                  Young

Total--38

NAYS

Total--0

ABSTAIN

Hutto                     Malloy                    Thurmond

Total--3

The appointment of Ms. Twana N. Burris-Alcide was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2013, and to expire June 30, 2018
1st Congressional District:

Francis E. Grimball, 723 Kirk Ct., Mt. Pleasant, SC 29464 VICE Dr. Richard H. Fitzgerald

On motion of Senator LARRY MARTIN, the question was confirmation of Francis E. Grimball.

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

Ayes 38; Nays 0; Abstain 3

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams                  Young

Total--38

NAYS

Total--0

ABSTAIN

Hutto                     Malloy                    Thurmond

Total--3

The appointment of Francis E. Grimball was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointment was taken up for immediate consideration:
Initial Appointment, South Carolina State Ethics Commission, with the term to commence June 30, 2010, and to expire June 30, 2015
At-Large:
Thomas Miller Galardi, 140 Foxwood Dr., Aiken, SC 29803 VICE George Manley

On motion of Senator LARRY MARTIN, the question was confirmation of Mr. Thomas Miller Galardi.

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

Ayes 38; Nays 0; Abstain 3

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Jackson                   Johnson
Kimpson                   Lourie                    Martin, Larry
Martin, Shane             Massey                    McElveen
McGill                    Nicholson                 Peeler
Pinckney                  Rankin                    Reese
Scott                     Setzler                   Shealy
Sheheen                   Turner                    Verdin
Williams                  Young

Total--38

NAYS

Total--0

ABSTAIN

Hutto                     Malloy                    Thurmond

Total--3

The appointment of Mr. Thomas Miller Galardi was confirmed.

Having received a favorable report from the Medical Affairs Committee, the following appointment was taken up for immediate consideration:

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

Kelly A. Long, 116 South Shields Rd., Columbia, SC 29223 VICE Alan Smith

On motion of Senator PEELER, the question was confirmation of Mrs. Kelly A. Long.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McElveen                  McGill
Nicholson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

The appointment of Mrs. Kelly A. Long was confirmed.
Having received a favorable report from the Medical Affairs Committee, the following appointment was taken up for immediate consideration:

Statewide Reappointment, South Carolina State Board of Examiners in Speech Pathology and Audiology, with the term to commence June 1, 2014, and to expire June 1, 2018 Audiologist:

Kelly A. Long, 116 South Shields Rd., Columbia, SC 29223 VICE Alan Smith

On motion of Senator PEELER, the question was confirmation of Mrs. Kelly A. Long.

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

Ayes 41; Nays 0

AYES

Alexander                 Allen                     Bennett
Bright                    Campbell                  Campsen
Cleary                    Coleman                   Corbin
Courson                   Davis                     Fair
Gregory                   Grooms                    Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Lourie
Malloy                    Martin, Larry             Martin, Shane
Massey                    McElveen                  McGill
Nicholson                 Peeler                    Pinckney
Rankin                    Reese                     Scott
Setzler                   Shealy                    Sheheen
Thurmond                  Turner                    Verdin
Williams                  Young

Total--41

NAYS

Total--0

The appointment of Mrs. Kelly A. Long was confirmed.

Motion Adopted

On motion of Senator COURSON, the Senate stood adjourned.

ADJOURNMENT

At 1:09 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

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

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