South Carolina General Assembly
121st Session, 2015-2016
Journal of the Senate

Wednesday, March 4, 2015
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

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

The people of old were urged to:

"...praise the Lord your God for the good land he has given you."

(Deuteronomy 8:10b)

Please join me as we pray:

Loving God, we indeed thank You for this "good land" known as South Carolina. Here in this State we are blessed with marvelous resources, with gracious regions so very diverse. Yet even as we acknowledge the beauty and bounty of our "good land," we are reminded that our greatest treasure of all is found among the women, men and children of South Carolina. We once again call upon the members of this Senate, dear God, to care for each and every individual who makes up this greatest resource of all. By Your grace, may these leaders always care deeply and genuinely for each and every one of the good people of our State. In Your wondrous name we pray, O Lord. Amen.

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

MESSAGE FROM THE GOVERNOR

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

Local Appointments

Initial Appointment, Marion County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Cheryl C. Graham, 1924 South Highway 501, Marion, SC 29571 VICE Samuel Robert Drose

Initial Appointment, Fairfield County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Johnny Dewese, 13653 State Highway 200, Winnsboro, SC 29180 VICE Jerry Reed
Reappointment, Fairfield County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Johnny Dewese, 13653 State Highway 200, Winnsboro, SC 29180

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 4496
Agency: Department of Health and Environmental Control
Chapter: 61
Statutory Authority: 1976 Code Sections 44-75-10 et seq.
SUBJECT: Athletic Trainers
Received by Lieutenant Governor January 13, 2015
Referred to Medical Affairs Committee
Legislative Review Expiration May 13, 2015
March 30, 2015 Withdrawn and Resubmitted

Doctor of the Day

Senators LEATHERMAN and WILLIAMS introduced Dr. E. Conyers O'Bryan, Jr., MD of Florence, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator LEATHERMAN, at 2:24 P.M., Senator CROMER was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator MATTHEWS, at 2:24 P.M., Senator PINCKNEY was granted a leave of absence for the balance of the day.

Leave of Absence

On motion of Senator CAMPBELL, at 2:31 P.M., Senators CLEARY and GROOMS were granted a leave of absence for the balance of the day.

Leave of Absence

At 2:25 P.M., Senator SHANE MARTIN requested a leave of absence for Thursday, March 5 beginning at 1:47 P.M. until next Tuesday, March 10, 2015.

Expression of Personal Interest

Senator MASSEY rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator CAMPSEN rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 100 (Word version)     Sen. Bryant
S. 105 (Word version)     Sen. Shane Martin
S. 40 (Word version)     Sen. Campsen
S. 199 (Word version)     Sens. Bennett, Campbell, Verdin, Johnson
S. 316 (Word version)     Sen. Sheheen
S. 512 (Word version)     Sen. Larry Martin

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 498 (Word version) -- Senators Sheheen, Davis, Bryant and Alexander: A BILL TO AMEND ARTICLE 7, CHAPTER 11, TITLE 16 OF THE 1976 CODE, RELATING TO TRESPASSES AND UNLAWFUL USE OF LAND OF OTHERS, BY ADDING SECTION 16-11-605, TO PROVIDE THAT IT IS UNLAWFUL TO WILFULLY CAUSE OR ALLOW CERTAIN AERIAL VEHICLES, COMMONLY REFERRED TO AS DRONES, TO ENTER UPON OR ABOVE THE LAND OF ANOTHER, TO PROVIDE EXEMPTIONS, AND TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO AMEND CHAPTER 13, TITLE 17, RELATING TO ARREST, PROCESS, SEARCHES, AND SEIZURES, BY ADDING SECTION 17-13-180, TO PROVIDE THAT LAW ENFORCEMENT AGENCIES MAY NOT USE CERTAIN AERIAL VEHICLES, COMMONLY REFERRED TO AS DRONES FOR INVESTIGATIVE PURPOSES WITHOUT A WARRANT, TO PROVIDE FOR EXCEPTIONS, TO PROVIDE FOR A CIVIL CAUSE OF ACTION FOR VIOLATIONS, AND TO PROVIDE THAT EVIDENCE OBTAINED IN VIOLATION OF THIS SECTION IS INADMISSIBLE.
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Read the first time and referred to the Committee on Judiciary.

S. 499 (Word version) -- Senator Reese: A BILL TO AMEND SECTION 6-1-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF LOCAL HOSPITALITY TAX REVENUE, SO AS TO ALLOW THE REVENUE GENERATED AFTER FIVE YEARS TO BE USED FOR ANY PURPOSE APPROVED BY THE GOVERNING BODY.
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Read the first time and referred to the Committee on Finance.

S. 500 (Word version) -- Senator Hayes: A BILL TO AMEND ARTICLE 23, CHAPTER 17, TITLE 63, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO ENACT AMENDMENTS TO THAT ACT ADOPTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS FOR UNIFORM STATE LAWS IN 2008, AS REQUIRED BY THE FEDERAL "PREVENTING SEX TRAFFICKING AND STRENGTHENING FAMILIES ACT" INCLUDING, BUT NOT LIMITED TO, AMENDMENTS ADDRESSING INTERNATIONAL RECOVERY OF CHILD SUPPORT AND OTHER FAMILY MAINTENANCE AND DETERMINATION OF PARENTAGE.
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Read the first time and referred to the Committee on Judiciary.

S. 501 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO LAW ENFORCEMENT OFFICER AND E-911 OFFICER TRAINING & CERTIFICATION (RENUMBER AND REORGANIZE), DESIGNATED AS REGULATION DOCUMENT NUMBER 4350, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 502 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4372, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 503 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO PROCEEDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4455, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 504 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO REPORTING OF MISCONDUCT BY LAW ENFORCEMENT OFFICERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4345, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 505 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 24-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS OF PROBATION, SO AS TO TOLL THE PERIOD DURING PERIODS OF CIVIL COMMITMENT; TO AMEND SECTION 24-21-560, AS AMENDED, RELATING TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO TOLL THE COMMUNITY SUPERVISION PERIOD DURING PERIODS OF CIVIL COMMITMENT; AND TO AMEND SECTION 24-21-670, RELATING TO PERIODS OF PAROLE, SO AS TO TOLL THE PAROLE PERIOD DURING PERIODS OF CIVIL COMMITMENT.
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Read the first time and referred to the Committee on Corrections and Penology.

S. 506 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, RELATING TO ARTICLE 5, ADJUDICATION OF MISCONDUCT ALLEGATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4523, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 507 (Word version) -- Senator L. Martin: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE SOUTH CAROLINA ASSOCIATION OF FAMILY AND CONSUMER SCIENCES ON THE OCCASION OF ONE HUNDRED ONE YEARS OF OPERATING IN THE STATE OF SOUTH CAROLINA, TO COMMEND THE DEDICATED SERVICE THAT THE ASSOCIATION HAS GIVEN TO THE CITIZENS OF THIS STATE, AND TO DECLARE MARCH 18, 2015, AS "SOUTH CAROLINA ASSOCIATION OF FAMILY AND CONSUMER SCIENCES DAY" IN THE STATE.
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The Concurrent Resolution was introduced and referred to the Committee on Invitations.

S. 508 (Word version) -- Senators Kimpson and Shealy: A BILL TO AMEND SECTION 59-32-30(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO SUBJECTS TAUGHT IN THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO ADD THE SUBJECT OF DOMESTIC VIOLENCE AND HEALTHY FAMILY RELATIONSHIPS BEGINNING WITH THE 2016-2017 SCHOOL YEAR.
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Read the first time and referred to the Committee on Education.

S. 509 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE SIXTH ANNUAL SOUTH CAROLINA EMS MEMORIAL BIKE RIDE TO HONOR THOSE WHO HAVE GIVEN OF THEMSELVES WHILE RENDERING AID TO THE CITIZENS OF SOUTH CAROLINA.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 510 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE COURAGE AND SACRIFICE OF THE ELLOREE 21 IN ORANGEBURG COUNTY, A GROUP OF TEACHERS IN ELLOREE WHO CHANGED THE COURSE OF HISTORY OF THE CIVIL RIGHTS MOVEMENT IN SOUTH CAROLINA, AND TO COMMEND THEIR ROLE IN SECURING EQUALITY FOR AFRICAN-AMERICAN CITIZENS OF OUR STATE.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 511 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND SERGEANT MAJOR HENRY HUMPHRIES, U.S. ARMY (RET.), OF LEXINGTON COUNTY FOR HIS OUTSTANDING WORK IN SUPPORT OF VETERANS THROUGH A POST-TRAUMATIC STRESS DISORDER SUPPORT GROUP AND TO WISH HIM ALL THE BEST AS HE CONTINUES TO SERVE OUR VETERANS.
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The Senate Resolution was adopted.

S. 512 (Word version) -- Senators Sheheen, McElveen, Lourie and L. Martin: A BILL TO AMEND SECTION 6-13-90 OF THE 1976 CODE, RELATING TO WILFUL DAMAGE TO A WATER SYSTEM, TO PROVIDE DIFFERENT PENALTIES FOR VIOLATIONS OF THE SECTION BASED UPON THE AMOUNT OF PROPERTY DAMAGE; AND TO PROVIDE THAT ALL OFFENSES OF THIS NATURE SHALL BE SUBJECT TO THIS PENALTY.
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Read the first time and referred to the Committee on Judiciary.

S. 513 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO CONGRATULATE DR. DAVID SWINTON, PRESIDENT OF BENEDICT COLLEGE, ON THE OCCASION OF HIS TWENTIETH ANNIVERSARY AT THE HELM OF BENEDICT AND TO THANK HIM FOR HIS TWO DECADES OF DEDICATED SERVICE.
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The Senate Resolution was adopted.

S. 514 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND VIRGINIA COLLEGE IN COLUMBIA FOR FIVE YEARS OF PROVIDING EXCEPTIONAL AND WORTHY EDUCATIONAL OPPORTUNITIES AND TO WISH THE ADMINISTRATION, FACULTY, AND STUDENTS CONTINUED SUCCESS IN THE YEARS TO COME.
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The Senate Resolution was adopted.

S. 515 (Word version) -- Senator Nicholson: A SENATE RESOLUTION TO CONGRATULATE JUDGE WILLIAM K. CHARLES, JR. UPON THE OCCASION OF HIS NINETIETH BIRTHDAY ON MARCH 15, 2015, AND TO WISH HIM A JOYOUS BIRTHDAY CELEBRATION AND MANY YEARS OF CONTINUED HAPPINESS.
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The Senate Resolution was adopted.

S. 516 (Word version) -- Senator Williams: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND DR. ALVIN COSTELLO ROBINSON ON HIS FORTIETH PASTORAL ANNIVERSARY AT PLEASANT GROVE MISSIONARY BAPTIST CHURCH ON APRIL 11, 2015, AND TO WISH HIM CONTINUED HAPPINESS IN HIS SERVICE TO THE PEOPLE OF HIS COMMUNITY.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 517 (Word version) -- Senators Setzler, Jackson, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Sabb, Scott, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR EDITH FRANCES MOORHEAD SATTERFIELD UPON THE OCCASION OF HER RETIREMENT AFTER HALF A CENTURY OF SERVING THE CITIZENS OF THE MIDLANDS THROUGH THE JEWELRY WAREHOUSE AND TO WISH HER CONTINUED SUCCESS AND FULFILLMENT IN THE DAYS AHEAD.
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The Senate Resolution was adopted.

S. 518 (Word version) -- Senator Setzler: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND LIEUTENANT COLONEL BARRY WHITESIDE, U.S. ARMY (RET.), OF RICHLAND COUNTY FOR HIS OUTSTANDING WORK IN SUPPORT OF VETERANS THROUGH A POST-TRAUMATIC STRESS DISORDER SUPPORT GROUP AND TO WISH HIM ALL THE BEST AS HE CONTINUES TO SERVE OUR VETERANS.
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The Senate Resolution was adopted.

S. 519 (Word version) -- Senators Campsen, Campbell, Hutto, Sheheen, Cromer, Hayes, McElveen, Reese, Hembree, Johnson, Courson, Grooms, Jackson, Young, Lourie, Matthews, Gregory, Nicholson and Coleman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Read the first time and referred to the Committee on Finance.

H. 3464 (Word version) -- Reps. R. L. Brown, Whipper and G. A. Brown: A BILL TO AMEND SECTION 40-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, SO AS TO DELETE AND REPLACE THE CURRENT LANGUAGE WITH LICENSING REQUIREMENTS FOR BARBER SCHOOLS AND BARBER SCHOOL INSTRUCTORS.

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

H. 3522 (Word version) -- Rep. Norrell: A BILL TO AMEND SECTION 63-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANT SAFE HAVENS AT WHICH A PERSON MAY LEAVE AN INFANT UNDER CERTAIN CIRCUMSTANCES, SO AS TO REQUIRE SAFE HAVENS TO POST A NOTICE THAT STATES THAT THE LOCATION IS A SAFE HAVEN AND TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE THE NOTICE FOR USE BY SAFE HAVENS.

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

H. 3734 (Word version) -- Reps. McEachern, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO CONGRATULATE EDITH NORA MCCAFFREY OF COLUMBIA ON THE OCCASION OF HER NINETIETH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MUCH HAPPINESS IN THE DAYS AHEAD.

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

H. 3741 (Word version) -- Reps. Huggins, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, Gagnon, Gambrell, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Riley, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF DR. ROBERT WRIGHT SPEARS, PRESIDENT EMERITUS OF COLUMBIA COLLEGE, AND TO EXTEND DEEP SYMPATHY TO HIS LOVING FAMILY AND HIS MANY FRIENDS.

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

H. 3742 (Word version) -- Reps. Gagnon, Gambrell, Riley, Alexander, Allison, Anderson, Anthony, Atwater, Bales, Ballentine, Bamberg, Bannister, Bedingfield, Bernstein, Bingham, Bowers, Bradley, Brannon, G. A. Brown, R. L. Brown, Burns, Chumley, Clary, Clemmons, Clyburn, Cobb-Hunter, Cole, Collins, Corley, H. A. Crawford, Crosby, Daning, Delleney, Dillard, Douglas, Duckworth, Erickson, Felder, Finlay, Forrester, Funderburk, George, Gilliard, Goldfinch, Govan, Hamilton, Hardee, Hardwick, Hart, Hayes, Henderson, Henegan, Herbkersman, Hicks, Hill, Hiott, Hixon, Hodges, Horne, Hosey, Howard, Huggins, Jefferson, Johnson, Kennedy, King, Kirby, Knight, Limehouse, Loftis, Long, Lowe, Lucas, Mack, McCoy, McEachern, McKnight, M. S. McLeod, W. J. McLeod, Merrill, Mitchell, D. C. Moss, V. S. Moss, Murphy, Nanney, Neal, Newton, Norman, Norrell, Ott, Parks, Pitts, Pope, Putnam, Quinn, Ridgeway, Rivers, Robinson-Simpson, Rutherford, Ryhal, Sandifer, Simrill, G. M. Smith, G. R. Smith, J. E. Smith, Sottile, Southard, Spires, Stavrinakis, Stringer, Tallon, Taylor, Thayer, Tinkler, Toole, Weeks, Wells, Whipper, White, Whitmire, Williams, Willis and Yow: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CASEY ASHLEY, PROFESSIONAL FISHERMAN FROM ABBEVILLE COUNTY, FOR HIS FISHING ACCOMPLISHMENTS AND TO CONGRATULATE HIM ON TAKING TOP HONORS AT THE 2015 BASSMASTER CLASSIC.

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

REPORT OF STANDING COMMITTEES

Senator VERDIN from the Committee on Transportation submitted a favorable report on:

S. 199 (Word version) -- Senators Grooms, Hembree, Bennett, Campbell, Verdin and Johnson: A BILL TO AMEND SECTION 56-5-1535 OF THE 1976 CODE, RELATING TO SPEEDING IN WORK ZONES AND PENALTIES ASSOCIATED WITH SPEEDING IN WORK ZONES, TO DELETE THIS PROVISION AND CREATE "PEANUT'S LAW", TO PROVIDE A DEFINITION FOR THE TERMS "HIGHWAY WORK ZONE" AND "HIGHWAY WORKER", TO CREATE THE OFFENSES OF "ENDANGERMENT OF A HIGHWAY WORKER", AND TO PROVIDE PENALTIES FOR THESE OFFENSES; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM ESTABLISHED FOR THE EVALUATION OF THE DRIVING RECORD OF PERSONS OPERATING MOTOR VEHICLES, TO PROVIDE THAT "ENDANGERMENT OF A HIGHWAY WORKER" VIOLATIONS RANGE BETWEEN TWO AND SIX POINTS; AND TO REPEAL SECTION 56-5-1536 RELATING TO DRIVING IN TEMPORARY WORK ZONES AND PENALTIES FOR UNLAWFUL DRIVING IN TEMPORARY WORK ZONES.

Ordered for consideration tomorrow.

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

S. 331 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF US HIGHWAY 17 AT THE INTERSECTION OF FARROW PARKWAY AND SC 707 IN HONOR OF THE BELLAMY FAMILY, AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "THE BELLAMY INTERCHANGE".

Ordered for consideration tomorrow.

Message from the House

Columbia, S.C., March 4, 2015

Mr. President and Senators:

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

H. 3118 (Word version) -- Reps. Pitts and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-525 SO AS TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS GOVERNING CERTAIN AREAS TO ESTABLISH SEASONS, DATES, AREAS, BAG LIMITS, AND OTHER RESTRICTIONS FOR HUNTING AND TAKING WILD TURKEY; BY ADDING SECTION 50-11-580 SO AS TO ESTABLISH MALE WILD TURKEY HUNTING SEASON AS MARCH 20 THROUGH MAY 5, DECLARE THE SATURDAY PRECEDING MARCH 20 OF EACH YEAR TO BE "SOUTH CAROLINA YOUTH TURKEY HUNTING DAY" AND PROVIDE A PROCEDURE FOR YOUTH TURKEY HUNTING ON THIS DAY, TO PROVIDE A WILD TURKEY BAG LIMIT, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO REPORT TO THE GENERAL ASSEMBLY CERTAIN WILD TURKEY RESOURCES INFORMATION INCLUDING RECOMMENDATIONS REGARDING THE SEASON AND THE BAG LIMITS; TO AMEND SECTIONS 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 DEPARTMENT'S AUTHORITY TO REGULATE THE HUNTING OF WILD TURKEYS, 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 TURKEYS, 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; AND TO SUSPEND THE PROVISIONS OF SECTION 50-11-520 UPON THE EFFECTIVE DATE OF THE ACT UNTIL NOVEMBER 7, 2018, WHEN SECTION 50-11-580 IS REPEALED.
Respectfully submitted,
Speaker of the House

Received as information.

The Bill was ordered placed on the Calendar for consideration tomorrow.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3519 (Word version) -- Rep. Merrill: A BILL TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON LOTTERIES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY AUTHORIZE RAFFLES TO BE OPERATED AND CONDUCTED BY RELIGIOUS, CHARITABLE, OR NONPROFIT ORGANIZATIONS FOR RELIGIOUS, CHARITABLE, OR ELEEMOSYNARY PURPOSES, AND BY GENERAL LAW MUST DEFINE THE TYPE OF ORGANIZATION AUTHORIZED TO CONDUCT RAFFLES, TO PROVIDE THE STANDARDS FOR THEIR CONDUCT AND MANAGEMENT, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE FOR ANY OTHER LAW NECESSARY TO ENSURE THE PROPER FUNCTIONING, HONESTY, INTEGRITY, AND CHARITABLE PURPOSES FOR WHICH THE RAFFLES ARE CONDUCTED.

AMENDED, READ THE SECOND TIME

S. 193 (Word version) -- Senators Hutto, Campbell and Grooms: A BILL TO AMEND SECTION 56-1-2080 OF THE 1976 CODE, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER'S LICENSE, TO ESTABLISH THE INTRASTATE VISION WAIVER PROGRAM, TO PROVIDE THAT CERTAIN VISUALLY IMPAIRED INDIVIDUALS MAY OBTAIN A WAIVER FROM THE SIGHT REQUIREMENTS ASSOCIATED WITH A COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE FOR THE ELIGIBILITY REQUIREMENTS FOR THE WAIVER, THE CIRCUMSTANCES UNDER WHICH A WAIVER MAY GRANTED, AND THE PROCEDURES FOR OBTAINING A WAIVER.

The Senate proceeded to a consideration of the Bill.

Senators HUTTO and GROOMS proposed the following amendment (193R003.EB.CBH), which was adopted:

Amend the bill, as and if amended, page 2, by striking line 5 and inserting:

/     (3)   To be eligible to receive a waiver, an applicant, in the two years preceding his application for a commercial driver's license must:   /

Amend the bill further, as and if amended, pages 2 and 3, SECTION 1, by striking subsection (D)(4)(b) and inserting:

/       (b)   the applicant meets the same requirements for interstate driving, except that:

(i)   the applicant must have held a driver's license for the previous four years; and

(ii)   the applicant must present the form specified by the department, signed by an optometrist or an ophthalmologist licensed in the State of South Carolina each year, in lieu of meeting the vision requirements of Title 49, Code of Federal Regulations, Part 391.41, and must present a Medical Examination Report in which the medical safety officer has certified that he has found the applicant to be qualified under Part 391.41 in all other physical requirements set forth in 49 CFR, Part 391.41 and mark the medical certificate 'Qualifies for Vision Waiver' if the applicant meets the tolerance allowances for a waiver.     /

Amend the bill further, as and if amended, page 3, by striking lines 17-19 and inserting:

/     (6)   Vision waiver certificates are valid for a period not to exceed one year after the date of the applicant's medical examiner's physical examination.     /

Amend the bill further, as and if amended, page 3, by striking lines 24-25 and inserting:

/     (8)   All recipients of a vision waiver will be required to have a license with the appropriate 'CDL' restriction.     /

Amend the bill further, as and if amended, page 3, by striking lines 30-32 and inserting:

/         (ii)   the applicant continues to meet the vision standards contained in this subsection, requiring a yearly renewal of the DOT physical and all other requirements of Title 49, Code of Federal Regulations, Part 391.41.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

The amendment was adopted.

The question then was second reading of the Bill.

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

Ayes 40; Nays 0

AYES

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

Total--40

NAYS

Total--0

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

READ THE SECOND TIME

S. 304 (Word version) -- Senators L. Martin, Alexander, Verdin, Hayes, Peeler, Cromer, Corbin, Nicholson, Rankin, Hembree, Williams, Coleman and Campbell: A BILL TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE RENEWAL OR EXTENSION OF CONTRACTS TO BUY POWER FOR ADDITIONAL PERIODS NOT TO EXCEED FIFTY YEARS FROM THE DATE OF THE RENEWAL OR EXTENSION.

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

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

Ayes 40; Nays 0

AYES

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

Total--40
NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

READ THE SECOND TIME

S. 375 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 6-5-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURING DEPOSITS OF FUNDS BY LOCAL ENTITIES, SO AS TO ALLOW A LOCAL ENTITY TO DEPOSIT ALL OR A PORTION OF SURPLUS PUBLIC FUNDS IN ITS CONTROL OR POSSESSION IN ACCORDANCE WITH CERTAIN CONDITIONS.

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

Senator HAYES explained the Bill.

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

Ayes 41; Nays 0

AYES

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

Total--41

NAYS

Total--0

The Bill was read the second time, passed and ordered to a third reading.

CARRIED OVER

S. 373 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 9-1-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONAL FORMS OF RETIREMENT ALLOWANCES, SO TO ALLOW A MEMBER TO CHANGE THE FORM OF MONTHLY PAYMENT WITHIN FIVE YEARS OF A CHANGE IN MARITAL STATUS, INSTEAD OF ONE YEAR, AND IN CERTAIN SITUATIONS, TO REQUIRE THE MEMBER TO REIMBURSE THE RETIREMENT SYSTEM OF ANY EXCESS PAYMENT RECEIVED.

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

S. 379 (Word version) -- Senator Courson: A BILL TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 4 OF THE 1976 CODE, RELATING TO COUNTY TAX OFFICIALS; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 37, RELATING TO THE ASSESSMENT OF PROPERTY TAXES; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 39, RELATING TO COUNTY AUDITORS; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 43, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 45, RELATING TO COUNTY TREASURERS AND THE COLLECTION OF TAXES; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 49, RELATING TO ENFORCED COLLECTION OF TAXES GENERALLY; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 51, RELATING TO ALTERNATE PROCEDURES FOR THE COLLECTION OF PROPERTY TAXES; TO AMEND VARIOUS SECTIONS OF TITLE 12, CHAPTER 59, RELATING TO FORFEITED LANDS; AND TO AMEND SECTION 12-60-1760, RELATING TO PROPERTY TAX PROTESTS.

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

S. 398 (Word version) -- Senator Campsen: A BILL TO AMEND SECTION 22-2-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY EXAMINATION FOR MAGISTRATES, SO AS TO EXTEND THE TIME PERIOD FOR THE VALIDITY OF THE EXAMINATION SCORES FROM SIX MONTHS BEFORE AND SIX MONTHS AFTER THE TIME THE APPOINTMENT IS TO BE MADE TO ONE YEAR BEFORE AND ONE YEAR AFTER THE TIME THE APPOINTMENT IS TO BE MADE.

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

ADOPTED

S. 459 (Word version) -- Senator Turner: A SENATE RESOLUTION TO RECOGNIZE GRADUATE SC AND ITS GOAL OF INCREASING AWARENESS OF HIGH SCHOOL DROPOUTS AND OF PREVENTING HIGH SCHOOL STUDENTS FROM DROPPING OUT IN THE FUTURE AND TO PROCLAIM THE SECOND WEEK OF SEPTEMBER 2015 AS "GRADUATION AWARENESS WEEK OF 2015".

The Senate Resolution was adopted.

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

MOTION ADOPTED

At 2:42 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 475 (Word version) -- Senators Leatherman, Setzler, Courson, Matthews, Jackson, Hutto, O'Dell, Williams and Nicholson: A JOINT RESOLUTION TO REMOVE THE CURRENT MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY AND DEVOLVE THE BOARD'S POWERS UPON A NEW APPOINTED BOARD, TO SPECIFY THE MEMBERS OF THE NEW BOARD, TO PROVIDE ADDITIONAL POWERS TO THE NEW BOARD, AND TO PROVIDE THAT THE NEW BOARD SHALL SERVE UNTIL JULY 1, 2018, AT WHICH TIME ANOTHER BOARD SHALL BE ELECTED IN THE SAME MANNER AS THE CURRENT BOARD WAS ELECTED.

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

Amendment No. P1

Senator MALLOY proposed the following amendment (475R026.EB.GM), which was tabled:

Amend the committee report, as and if amended, page [475-1], line 26, by deleting /   June 30, 2018   / and inserting /   June 30, 2017   /

Amend the committee report further, as and if amended, page [475-1], line 37, by deleting /   June 30, 2018   / and inserting / June 30, 2017 /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the amendment.

Senator HUTTO spoke on the amendment.

Senator JACKSON spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Ayes 33; Nays 9

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Corbin                    Courson                   Fair
Gregory                   Hayes                     Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Martin, Larry             Matthews                  McElveen
Nicholson                 O'Dell                    Rankin
Reese                     Sabb                      Scott
Setzler                   Shealy                    Sheheen
Verdin                    Williams                  Young

Total--33

NAYS

Bright                    Bryant                    Davis
Malloy                    Martin, Shane             Massey
Peeler                    Thurmond                  Turner

Total--9

The amendment was laid on the table.

The Committee on Education proposed the following amendment (475R008.KM.JEC), which was adopted:

Amend the joint resolution, as and if amended, page 2, by striking line 39 and inserting:

/     (B)   Section 59-127-20 of the South Carolina Code, relating to the South Carolina State University Board of Trustees, election, and term, is suspended until June 30, 2018. There is       /

Amend the joint resolution further, as and if amended, page 3, by striking line 12 and inserting:

/   membership. Vacancies must be filled in the manner of the original appointment.       /

Amend the joint resolution, as and if amended, page 3, by striking lines 16-20 and inserting:

/   127, Title 59, whichever is later. The term of office for each seat on the Board of Trustees shall be suspended as of the date of removal pursuant to subsection (A) until a new member of the Board of Trustees is elected to that seat pursuant to Chapter 127, Title 59, after June 30, 2018. Initial terms of the new members of the Board of Trustees shall be the unexpired term of the seat to which they are elected.         /

Amend the joint resolution further, as and if amended, page 3, by striking line 22-25 and inserting:

/   established pursuant to subsection (B) is authorized to develop programmatic, personnel, and related policies it deems necessary to ensure that the university operates within its appropriated and authorized budget. The policies the board develops may be across all       /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY spoke on the committee amendment.

The committee amendment was adopted.

Amendment No. 1

Senator MALLOY proposed the following amendment (475R014.EB.GM), which was tabled:

Amend the joint resolution, as and if amended, page 2, by striking lines 11-16 in their entirety.

Renumber sections to conform.

Amend title to conform.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 2

Senators MASSEY and CAMPSEN proposed the following amendment (475R011.KM.ASM), which was tabled:

Amend the joint resolution, as and if amended, page 4, line 4, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   Proviso 19.2 contained in Act 286 of 2014, the General Appropriations Act, relating to the South Carolina State University Blue Ribbon Advisory Committee, is repealed.       /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

Senator SETZLER moved to lay the amendment on the table.

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

Ayes 27; Nays 15

AYES

Alexander                 Allen                     Bennett
Campbell                  Coleman                   Courson
Gregory                   Hayes                     Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Matthews                  McElveen
Nicholson                 O'Dell                    Rankin
Reese                     Sabb                      Scott
Setzler                   Sheheen                   Williams

Total--27

NAYS

Bright                    Bryant                    Campsen
Corbin                    Davis                     Fair
Hembree                   Martin, Shane             Massey
Peeler                    Shealy                    Thurmond
Turner                    Verdin                    Young

Total--15

The amendment was laid on the table.

Amendment No. 3

Senator MALLOY proposed the following amendment (475R009.KM.GM), which was tabled:

Amend the joint resolution, as and if amended, page 3, by striking lines 6 and 7 and inserting:

/   Education and Public Works Committee;

(5)   one member from the state at large appointed by the Governor; and

(6)   one member appointed by the Governor who graduated from the university.     /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Ayes 36; Nays 6

AYES

Alexander                 Allen                     Bennett
Campbell                  Campsen                   Coleman
Corbin                    Courson                   Davis
Fair                      Hayes                     Hembree
Hutto                     Jackson                   Johnson
Kimpson                   Leatherman                Lourie
Martin, Larry             Massey                    Matthews
McElveen                  Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Sabb                      Scott                     Setzler
Shealy                    Sheheen                   Thurmond
Turner                    Williams                  Young

Total--36

NAYS

Bright                    Bryant                    Gregory
Malloy                    Martin, Shane             Verdin

Total--6

The amendment was laid on the table.

Amendment No. 4

Senator MALLOY proposed the following amendment (475R010.KM.GM), which was withdrawn:

Amend the joint resolution, as and if amended, page 3, by striking lines 6 and 7 and inserting:

/   Education and Public Works Committee;

(5)   one member from the state at large appointed by the Governor; and

(6)   one member of the university's faculty appointed by the Governor.     /

Renumber sections to conform.

Amend title to conform.

On motion of Senator MALLOY, the amendment was withdrawn.

Amendment No. 5

Senator MALLOY proposed the following amendment (475R016.EB.GM), which was withdrawn:

Amend the joint resolution, as and if amended, SECTION 1, by striking subsection (C) and inserting:

/     Unless extended by the General Assembly, the board established pursuant to subsection (B) shall serve until June 30, 2017, or until a full board is elected and qualified pursuant to Chapter 127, Title 59, whichever is later. The term associated with each seat of the board shall continue to run as though this section was not enacted, so that the members elected pursuant to Chapter 127, Title 59, beginning July 1, 2017, shall serve the term associated with the member's respective seat./

Renumber sections to conform.

Amend title to conform.

On motion of Senator MALLOY, the amendment was withdrawn.

Amendment No. 6

Senator MALLOY proposed the following amendment (475R017.EB.GM), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1, by striking subsection (B) and inserting:

/   Notwithstanding any other provision of law, there is established a new temporary Board of Trustees of South Carolina State University, to be composed of five members appointed by the Governor. Each member must have experience in at least one of the following: finance, higher education administration, business administration, or public administration. The board shall meet as soon as practical and elect a chairman and other officers from its membership.     /

Renumber sections to conform.

Amend title to conform.

Senator HUTTO explained the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Ayes 30; Nays 12

AYES

Alexander                 Allen                     Campbell
Coleman                   Corbin                    Courson
Fair                      Gregory                   Hayes
Hembree                   Hutto                     Jackson
Johnson                   Kimpson                   Leatherman
Lourie                    Martin, Larry             Matthews
McElveen                  Nicholson                 O'Dell
Rankin                    Reese                     Sabb
Scott                     Setzler                   Sheheen
Turner                    Williams                  Young

Total--30

NAYS

Bennett                   Bright                    Bryant
Campsen                   Davis                     Malloy
Martin, Shane             Massey                    Peeler
Shealy                    Thurmond                  Verdin

Total--12

The amendment was laid on the table.

Amendment No. 7

Senator MALLOY proposed the following amendment (475R018.KG.GM), which was tabled:

Amend the joint resolution, as and if amended, SECTION 1, by striking subsection (B) and inserting:

/   (B)   Notwithstanding any other provision of law, there is established a new temporary Board of Trustees of South Carolina State University, to be composed of:

(1)   one member appointed by the Senate Majority Leader;

(2)   one member appointed by the Senate Minority Leader;

(3)   one member appointed by the House of Representatives Majority Leader;

(4)   one member appointed by the House of Representatives Minority Leader; and

(5)   one member appointed by the Governor.

Each member must have experience in at least one of the following: finance, higher education administration, business administration, or public administration. The board shall meet as soon as practical and elect a chairman and other officers from its membership.       /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Ayes 32; Nays 9

AYES

Alexander                 Allen                     Campbell
Campsen                   Coleman                   Corbin
Courson                   Fair                      Gregory
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Leatherman
Lourie                    Martin, Larry             Matthews
McElveen                  Nicholson                 O'Dell
Peeler                    Rankin                    Reese
Sabb                      Scott                     Setzler
Sheheen                   Turner                    Verdin
Williams                  Young

Total--32

NAYS

Bennett                   Bright                    Bryant
Davis                     Malloy                    Martin, Shane
Massey                    Shealy                    Thurmond

Total--9

The amendment was laid on the table.

Amendment No. 8

Senator MALLOY proposed the following amendment (475R019.EB.GM), which was withdrawn:

Amend the joint resolution, as and if amended, SECTION 1, by striking subsection (B) and inserting:

/   Notwithstanding any other provision of law, there is established a new temporary Board of Trustees of South Carolina State University, to be composed of:

(1)   one member appointed by the senator representing Senate District 39;

(2)   one member appointed by the senator representing Senate District 19;

(3)   one member appointed by the senator representing Senate District 30; and

(4)   one member appointed by the senator representing Senate District 10.

Each member must have experience in at least one of the following: finance, higher education administration, business administration, or public administration. The board shall meet as soon as practical and elect a chairman and other officers from its membership.         /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

On motion of Senator MALLOY, the amendment was withdrawn.

Amendment No. 10

Senator MALLOY proposed the following amendment (475R024.KM.GM), which was tabled:

Amend the joint resolution, as and if amended, page 2, by striking line 32 and inserting:

/   SECTION   1.   (A)   Immediately upon the election of a full new   /

Amend the joint resolution further, as and if amended, page 2, by striking lines 39-43 and on page 3, by striking lines 1-7 and inserting:

/   (B)   Notwithstanding any other provision of law, there is established a new temporary Board of Trustees of South Carolina State University, to be composed of five members elected by the General Assembly in joint session to a term ending on June 30, 2018, or until a full board is elected and qualified pursuant to Chapter 127, Title 59, whichever is later as provided in subsection (C).       /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 9

Senator MALLOY proposed the following amendment (475R023.KM.GM), which was tabled:

Amend the joint resolution, as and if amended, page 2, by striking lines 39-43 and on page 3, by striking lines 1-7 and inserting:

/     (B)   Notwithstanding any other provision of law, there is established a new seven member temporary Board of Trustees of South Carolina State University. The board shall, to be composed of:

(a)(i)   one member appointed by the President Pro Tempore of the Senate;

(ii)   one member appointed by the Speaker of the House of Representatives;

(iii)   one member appointed by the Chairman of the Senate Education Committee;

(iv)   one member appointed by the Chairman of the House Education and Public Works Committee; and

(v)   one member appointed by the Governor; and

(b)   two members appointed by the five members appointed pursuant to item (a), one of which must be an alumni of the university and one of which must be a member of the university's faculty.       /

Renumber sections to conform.

Amend title to conform.

Senator MALLOY explained the amendment.

Senator HUTTO spoke on the amendment.

Senator HUTTO moved to lay the amendment on the table.

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

Ayes 41; Nays 1

AYES

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

Total--41

NAYS

Malloy

Total--1

The amendment was laid on the table.

There being no further amendments, the question then was second reading of the Joint Resolution.

Senator MALLOY spoke on the Joint Resolution.

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

Ayes 41; Nays 1

AYES

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

Total--41

NAYS

Malloy

Total--1

The Joint Resolution was read the second time, passed and ordered to a third reading.

LOCAL APPOINTMENTS
Confirmations

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

Initial Appointment, Marion County Magistrate, with the term to commence April 30, 2014, and to expire April 30, 2018
Cheryl C. Graham, 1924 South Highway 501, Marion, SC 29571 VICE Samuel Robert Drose

Initial Appointment, Fairfield County Magistrate, with the term to commence April 30, 2011, and to expire April 30, 2015
Johnny Dewese, 13653 State Highway 200, Winnsboro, SC 29180 VICE Jerry Reed

Reappointment, Fairfield County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Johnny Dewese, 13653 State Highway 200, Winnsboro, SC 29180

Motion Adopted

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

MOTION ADOPTED

On motion of Senator JACKSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Allen David Martin, Sr. of Columbia, S.C. Mr. Martin was the father of our beloved David Martin, Building Maintenance Team Manager for the Budget and Control Board. He attended Olympia School, played basketball for Pacific and coached the Colonial Life basketball team. He worked as a supply clerk for Pacific Mills. Mr. Martin enjoyed gardening, landscaping and spending time with his family. He was a member of Wesley Memorial United Methodist Church. Allen was a loving father and doting grandfather who will be dearly missed.

ADJOURNMENT

At 5:52 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

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This web page was last updated on Tuesday, December 1, 2015 at 4:46 P.M.