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

Wednesday, May 13, 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 Psalmist declares:

"O Lord, we beseech you, give us success!"     (Psalm 118:25b)

Let us pray:

How very much, dear God, do we think of and pray for "success" for this, the Senate of South Carolina, for Your servants who labor here in this place, and, most of all, for all of the citizens of our beloved State. May each Senator here actively pursue worthy results, Lord, ones which will likely benefit every woman, man, and child -- for it is solely success in the shape and form of meaningful results for everyone that we dream about and that we expect. Meanwhile, O God, we also pray today for the victims of the second earthquake in Nepal and of the Amtrak wreck in suburban Philadelphia. So do we fervently ask these things in Your blessed name, 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

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Michael S. Rankin, 1704 Fair Street, Camden, SC 29020

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Roderick M. Todd, Jr., 407 Chestnut Street, Camden, SC 29020

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Darrell J. Drakeford, 2504 Thomas Street, Camden, SC 29020

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
James E. Davis, 531 Community Center Road, Camden, SC 29020

Doctor of the Day

Senator FAIR introduced Dr. Steven Samoya of Greenville, S.C., Doctor of the Day.

Leave of Absence

At 2:12. P.M., Senator HAYES requested a leave of absence for Senator CROMER for the balance of the day and Thursday, May 14, 2015.

Leave of Absence

At 2:12 P.M., Senator GREGORY requested a leave of absence for Thursday, May 14, 2015.

Leave of Absence

At 5:18 P.M., Senator HAYES requested a leave of absence for the balance of the day.

Expression of Personal Interest

Senator DAVIS rose for an Expression of Personal Interest.

Expression of Personal Interest

Senator LOURIE rose for an Expression of Personal Interest.

CO-SPONSORS ADDED

The following co-sponsors were added to the respective Bills:
S. 17 (Word version)     Sen. Kimpson
S. 146 (Word version)     Sen. Kimpson
S. 658 (Word version)     Sen. Kimpson

RECALLED AND RECOMMITTED

H. 3576 (Word version) -- Reps. Bannister, Merrill, Murphy, Atwater, Collins, Gagnon, Hamilton, Hicks, Pitts, Sandifer, G.R. Smith, Tallon, Whitmire, Henderson and Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-120 SO AS TO PROVIDE THAT CERTAIN WRITTEN AGREEMENTS BETWEEN NONPROFIT YOUTH SPORTS ORGANIZATIONS AND COACHES PROVIDE CONCLUSIVE EVIDENCE THAT THE COACH IS AN INDEPENDENT CONTRACTOR RATHER THAN AN EMPLOYEE OF THE ORGANIZATION AND THAT THE ORGANIZATION IS EXEMPT FROM CERTAIN OBLIGATIONS CONCERNING WORKERS' COMPENSATION COVERAGE, UNEMPLOYMENT INSURANCE COVERAGE, AND INCOME TAX WITHHOLDINGS, TO PROVIDE SPECIFIC REQUIREMENTS FOR THESE WRITTEN AGREEMENTS, TO PROVIDE THESE WRITTEN AGREEMENTS ARE NOT CONCLUSIVE PROOF OF THE EXISTENCE OF AN INDEPENDENT CONTRACTOR RELATIONSHIP FOR PURPOSES OF ANY CIVIL ACTIONS INSTITUTED BY THIRD PARTIES, AND TO DEFINE THE TERM "NONPROFIT YOUTH SPORTS ORGANIZATION".

Senator LARRY MARTIN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

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

On motion of Senator LARRY MARTIN, with unanimous consent, the Bill was committed to the Committee on Labor, Commerce and Industry.

Motion Adopted

On motion of Senator LEATHERMAN, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 762 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO GIVE FAMILY COURTS THE DISCRETION WHETHER TO REQUIRE A CHILD FOURTEEN YEARS OR OLDER TO BE PLACED ON THE REGISTRY, TO PROHIBIT FAMILY COURTS FROM PLACING A CHILD UNDER FOURTEEN YEARS ON THE REGISTRY, AND TO ALLOW PERSONS REQUIRED TO BE PLACED ON THE REGISTRY TO PETITION THE COURT FOR REMOVAL UPON REACHING TWENTY-ONE YEARS OF AGE; TO AMEND SECTION 23-3-490, AS AMENDED, RELATING TO PUBLIC INSPECTION OF SEX OFFENDER REGISTRY RECORDS, SO AS TO PROHIBIT PUBLIC ACCESS, EXCEPT FOR ACCESS BY VICTIMS, WITNESSES, SCHOOLS, AND OTHER BUSINESSES THAT PRIMARILY SERVE CHILDREN, WOMEN, OR VULNERABLE ADULTS; AND TO AMEND SECTION 63-3-510, RELATING TO FAMILY COURT JURISDICTION OVER CHILDREN, SO AS TO RETAIN JURISDICTION TO REVIEW PETITIONS FOR REMOVAL FROM THE SEX OFFENDER REGISTRY.
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Read the first time and referred to the Committee on Judiciary.

S. 763 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-13-825, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAINING FOR FAMILY CHILDCARE HOME OPERATORS AND EMPLOYEES, SO AS TO REQUIRE ADDITIONAL TRAINING; TO AMEND SECTION 63-13-830, RELATING TO STATEMENTS OF REGISTRATION FOR FAMILY CHILDCARE HOMES, SO AS TO PROVIDE ADDITIONAL AUTHORITY OF THE DEPARTMENT OF SOCIAL SERVICES AND RIGHTS OF FAMILY CHILDCARE HOMES; AND TO AMEND SECTION 63-13-850, RELATING TO APPEALS OF DECISIONS TO WITHDRAW A STATEMENT OF REGISTRATION OF A FAMILY CHILDCARE HOME, SO AS TO ALSO ADDRESS APPEALS OF DECISIONS TO DENY AN APPLICATION FOR A STATEMENT OR RENEWAL OF REGISTRATION.
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Read the first time and referred to the Committee on Judiciary.

S. 764 (Word version) -- Senators Fair, Hutto and Jackson: A BILL TO AMEND SECTION 63-19-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING CHILDREN IN AN ADULT JAIL, SO AS TO ELIMINATE THE EXCEPTION FOR CHILDREN TO BE TRIED AS AN ADULT AND TO DECREASE THE LENGTH OF TIME THAT A CHILD MAY BE HELD FOR VIOLATION OF COURT ORDER REGARDING A STATUS OFFENSE; TO AMEND SECTION 63-19-1020, RELATING TO THE RIGHT OF CERTAIN PERSONS AND ENTITIES INJURED BY DELINQUENT ACTS OF A CHILD TO INSTITUTE LEGAL PROCEEDINGS AGAINST THE CHILD, SO AS TO REQUIRE THAT THE CHILD AND HIS FAMILY SEEK COUNSELING WHEN THE STATUS OFFENSE IS OF INCORRIGIBILITY; TO AMEND SECTION 63-19-1440, AS AMENDED, RELATING TO COMMITMENT OF CERTAIN CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DISTINGUISH BETWEEN STATUS AND CRIMINAL OFFENSES, AND TO CHANGE THE REQUIREMENTS FOR COURT ORDERS; AND TO AMEND SECTION 63-19-2050, RELATING TO A PETITION TO EXPUNGE RECORDS OF CERTAIN OFFENSES, SO AS TO CHANGE AGE AND OTHER REQUIREMENTS AND TO ESTABLISH A PROCESS FOR AUTOMATIC EXPUNGEMENT OF STATUS OFFENSES.
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Read the first time and referred to the Committee on Judiciary.

S. 765 (Word version) -- Senators Corbin and Fair: A SENATE RESOLUTION TO RECOGNIZE AND CONGRATULATE CASEY WICKLINE OF GREENVILLE FOR REPRESENTING SOUTH CAROLINA AND THE UNITED STATES ON THE UNITED STATES' NATIONAL BOBSLED TEAM AND TO WISH HIM MUCH SUCCESS IN ALL HIS FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 766 (Word version) -- Senator Massey: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MR. DONALD HAMPTON MUNDY OF AIKEN FOR AN EXTRAORDINARY LIFE OF SERVICE TO HIS STATE AND NATION IN WORLD WAR II.
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The Senate Resolution was adopted.

S. 767 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE J.G. "PETE" OWENS OF CHESTERFIELD UPON THE OCCASION OF HIS RETIREMENT FROM THE AREA COMMISSION OF NORTHEASTERN TECHNICAL COLLEGE AND TO WISH HIM CONTINUED SUCCESS AND HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 768 (Word version) -- Senator Scott: A BILL TO AMEND SECTIONS 1-30-35, 44-20-30, 44-20-210, 44-20-220, 44-20-240, 44-20-320, 44-20-350, 44-20-360, 44-20-430, 44-20-1120, 44-20-1130, 44-20-1140, 44-20-1150, 44-20-1160, AND 44-20-1170, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO PROVIDE THAT THE DEPARTMENT IS HEADED AND GOVERNED BY A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND THAT THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS SERVES AS AN ADVISORY BOARD TO THE DIRECTOR; AND TO REPEAL SECTION 44-20-230 RELATING TO POWERS AND DUTIES OF THE DIRECTOR.
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Senator SCOTT spoke on the Bill.

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

S. 769 (Word version) -- Senator McElveen: A SENATE RESOLUTION TO RECOGNIZE THE SUMTER MARINE CORPS LEAGUE DETACHMENT 1202 UPON THE OCCASION OF ITS TENTH ANNIVERSARY AND TO HONOR THEM FOR THEIR DEDICATION TO UPHOLDING THE IDEALS OF AMERICAN FREEDOM AND DEMOCRACY.
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The Senate Resolution was adopted.

S. 770 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PENDLETON FARMERS SOCIETY UPON THE OCCASION OF ITS TWO HUNDREDTH ANNIVERSARY ON JUNE 12, 2015.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 771 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 56 SO AS TO ESTABLISH PROCEDURES THAT REGULATE THE RELATIONSHIP BETWEEN RECREATIONAL VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS OF RECREATIONAL VEHICLES; AND TO AMEND SECTION 56-15-10, AS AMENDED, RELATING TO CERTAIN TERMS AND THEIR DEFINITIONS REGARDING THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS, SO AS TO DELETE THE TERM "MOTOR HOME" AND ITS DEFINITION.
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Read the first time and referred to the Committee on Transportation.

S. 772 (Word version) -- Senator Bryant: A SENATE RESOLUTION TO RECOGNIZE AND HONOR THE CENTER ROCK FIRE DEPARTMENT IN ANDERSON FOR THE VALUABLE PUBLIC SERVICE IT RENDERS TO ITS COMMUNITY EVERY DAY AND TO CONGRATULATE THE DEPARTMENT ON THE CELEBRATION OF ITS FIFTIETH ANNIVERSARY.
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The Senate Resolution was adopted.

S. 773 (Word version) -- Senator Hutto: A CONCURRENT RESOLUTION TO RECOGNIZE THE SOUTHERN CAROLINA REGIONAL DEVELOPMENT ALLIANCE AND ITS AFFILIATED LEADERSHIP TEAM FOR ITS UNIFYING VISION TO COORDINATE AND WIN A FEDERAL PROMISE ZONE DESIGNATION THAT WILL CREATE JOBS, INCREASE ECONOMIC ACTIVITY, IMPROVE EDUCATIONAL OPPORTUNITIES, AND REDUCE VIOLENT CRIME.
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The Concurrent Resolution was adopted, ordered sent to the House.

S. 774 (Word version) -- Senators Scott, Alexander, Allen, Bennett, Bright, Bryant, Campbell, Campsen, Cleary, Coleman, Corbin, Courson, Cromer, Davis, Fair, Gregory, Grooms, Hayes, Hembree, Hutto, Jackson, Johnson, Kimpson, Leatherman, Lourie, Malloy, L. Martin, S. Martin, Massey, Matthews, McElveen, Nicholson, O'Dell, Peeler, Pinckney, Rankin, Reese, Sabb, Setzler, Shealy, Sheheen, Thurmond, Turner, Verdin, Williams and Young: A SENATE RESOLUTION TO RECOGNIZE AND HONOR MOUNT PILGRIM BAPTIST CHURCH UPON THE OCCASION OF ITS QUASQUICENTENNIAL ANNIVERSARY AND TO CONGRATULATE REVEREND ROCK E. SIMS AND THE CONGREGATION FOR ONE HUNDRED TWENTY-FIVE YEARS OF MINISTRY TO THE COMMUNITY.
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The Senate Resolution was adopted.

H. 3325 (Word version) -- Reps. J. E. Smith, Hodges, Weeks, Whipper, Mitchell, Govan and Gilliard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 61, TITLE 15 SO AS TO ENACT THE "UNIFORM PARTITION OF HEIRS' PROPERTY ACT"; TO DEFINE NECESSARY TERMS; TO PROVIDE FOR NOTICE BY PUBLICATION IN A PARTITION ACTION, TO PROVIDE PROCEDURES FOR A COURT TO FOLLOW IN DETERMINING THE VALUE OF THE PROPERTY AND FACTORS FOR A COURT TO CONSIDER FOR DIFFERENT TYPES OF PARTITIONS, TO PROVIDE FOR OPEN-MARKET SALES, SEALED BIDS, OR AUCTIONS, TO DESIGNATE THE EXISTING PROVISIONS OF CHAPTER 61 AS ARTICLE 1; TO AMEND SECTION 15-61-10, RELATING TO PARTITION ACTIONS, SO AS TO PROVIDE FOR A COURT HEARING TO DETERMINE IF THE PARTITION ACTION CONCERNS HEIRS' PROPERTY; AND TO AMEND SECTION 15-61-100, RELATING TO WRITS OF PARTITION, SO AS TO DELETE OBSOLETE REFERENCES.

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

H. 3852 (Word version) -- Reps. Tallon, Bannister, Loftis, Burns, Brannon, Allison, Ballentine, Bamberg, Bedingfield, Bingham, Clary, Clemmons, Cole, Collins, Delleney, Duckworth, Finlay, Forrester, Gagnon, Gambrell, Goldfinch, Hamilton, Hardee, Hardwick, Henderson, Hicks, Hiott, Horne, Huggins, Kennedy, Kirby, Long, McCoy, Merrill, D. C. Moss, V. S. Moss, Newton, Norman, Norrell, Pope, Quinn, Rutherford, Ryhal, Simrill, G. M. Smith, G. R. Smith, Sottile, Spires, Stavrinakis, Stringer, Taylor, Thayer, Willis, Yow, Bradley and Anthony: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-18-75 SO AS TO PROVIDE FOR ESCHEATMENT TO THE STATE OF UNCLAIMED UNITED STATES SAVINGS BONDS, TO PROVIDE FOR JUDICIAL DETERMINATION OF ESCHEATMENT, TO PROVIDE FOR PROCEDURES FOR CHALLENGING ESCHEATMENT, TO PROVIDE FOR DEPOSIT OF THE PROCEEDS OF ESCHEATMENT; AND BY ADDING SECTION 27-18-76 SO AS TO PROVIDE THAT A PERSON CLAIMING AN INTEREST IN A UNITED STATES SAVINGS BOND MAY FILE A CLAIM WITH THE ADMINISTRATOR ADMINISTERING THE UNIFORM UNCLAIMED PROPERTY ACT AND TO PROVIDE FOR LIMITATIONS ON SUCH CLAIMS.

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

H. 4080 (Word version) -- Reps. W. J. McLeod and Mitchell: A JOINT RESOLUTION TO CREATE A VOTING SYSTEM STUDY COMMITTEE, TO PROVIDE FOR THE MEMBERSHIP AND STAFFING OF THE STUDY COMMITTEE, AND TO PROVIDE FOR THE STUDY COMMITTEE'S REPORT AND DISSOLUTION.

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

H. 4146 (Word version) -- Rep. Hardwick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-23-15 SO AS TO INCREASE THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT.

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

H. 4161 (Word version) -- Reps. Jefferson, Williams, Cobb-Hunter, Ott, King, Southard, Daning, Crosby, George, Hart and M. S. McLeod: A CONCURRENT RESOLUTION TO RAISE THE AWARENESS OF THE BRADLEY BLAKE FOUNDATION SURROUNDING THE ISSUE OF GUN VIOLENCE AND TO DECLARE THE MONTH OF JUNE 2015 GUN VIOLENCE AWARENESS MONTH.

On motion of Senator SABB, with unanimous consent, the Concurrent Resolution was adopted and returned to the House.

H. 4164 (Word version) -- Reps. Clemmons, Bannister and Mack: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 27, 2015, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, UPON HER RETIREMENT ON OR BEFORE DECEMBER 31, 2015, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JULY 31, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, FIRST CONGRESSIONAL DISTRICT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THIRD CONGRESSIONAL DISTRICT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SEVENTH CONGRESSIONAL DISTRICT, SEAT 7, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE, SEAT 9, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE, SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2019; TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE, SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2019; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF LANDER UNIVERSITY, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM WILL EXPIRE JUNE 30, 2016; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, AT-LARGE, SEAT 10, WHOSE TERM WILL EXPIRE JUNE 30, 2021; AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE OLD EXCHANGE BUILDING COMMISSION, WHOSE TERM WILL EXPIRE JUNE 30, 2021; AND FOR THE PURPOSE OF ELECTING THREE MEMBERS TO THE BOARD OF TRUSTEES FOR THE WIL LOU GRAY OPPORTUNITY SCHOOL, AT-LARGE, WHOSE TERM WILL EXPIRE JUNE 30, 2019; AND FOR THE PURPOSE OF ELECTING THREE MEMBERS TO FILL VACANCIES OR EXPIRED TERMS ON THE LEGISLATIVE AUDIT COUNCIL PURSUANT TO SECTION 2-15-10 FROM AMONG THE CANDIDATES NOMINATED BY THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE PURSUANT TO SECTION 2-15-20.

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

Senator LEATHERMAN from the Committee on Finance submitted a majority favorable with amendment and Senator BRYANT a minority unfavorable report on:

S. 657 (Word version) -- Senators Leatherman, Lourie and Kimpson: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, TO AUTHORIZE ADDITIONAL PROJECTS, TO CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT, AND TO PROVIDE THAT THE PROVISIONS CONTAINED IN SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THIS ACT.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3186 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.R. Smith, G.M. Smith, McCoy, Clary, J.E. Smith, W.J. McLeod, Weeks, Whipper, Hicks, Atwater, Ballentine and Stavrinakis: A BILL TO AMEND SECTION 8-13-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ETHICS AND GOVERNMENT ACCOUNTABILITY, SO AS TO REVISE THE DEFINITION OF "BUSINESS WITH WHICH HE IS ASSOCIATED"; AND TO AMEND SECTION 8-13-1120, AS AMENDED, RELATING TO CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS, SO AS TO REVISE THE FORM AND REQUIRED CONTENTS OF STATEMENTS OF ECONOMIC INTERESTS.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator BRIGHT a minority unfavorable report on:

H. 3187 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, Weeks, W.J. McLeod and Stavrinakis: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO REVISE CERTAIN DEFINITIONS.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3188 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Douglas, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, Weeks, W.J. McLeod, J.E. Smith, Whipper and Erickson: A BILL TO AMEND SECTION 8-13-1314, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN CONTRIBUTION LIMITS AND RESTRICTIONS, SO AS TO PROHIBIT CONTRIBUTIONS FROM CERTAIN NONCANDIDATE COMMITTEES; AND TO AMEND SECTION 8-13-1340, AS AMENDED, RELATING TO RESTRICTIONS ON CONTRIBUTIONS BY ONE CANDIDATE TO ANOTHER AND COMMITTEES ESTABLISHED, FINANCED, MAINTAINED, OR CONTROLLED BY A CANDIDATE, SO AS TO DELETE THE CONTRIBUTION RESTRICTION EXCEPTION FOR CERTAIN TYPES OF COMMITTEES.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a majority favorable with amendment and Senator BRIGHT a minority unfavorable report on:

H. 3189 (Word version) -- Reps. Finlay, Cole, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Newton, Norman, Norrell, Pope, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, J.E. Smith, W.J. McLeod, Weeks, Whipper and Hicks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1313 SO AS TO REQUIRE A PERSON WHO IS NOT A COMMITTEE AND WHO MAKES AN INDEPENDENT EXPENDITURE IN AN AGGREGATE AMOUNT OR VALUE IN EXCESS OF FIVE HUNDRED DOLLARS DURING A CALENDAR YEAR OR MAKES AN ELECTIONEERING COMMUNICATION TO FILE A REPORT OF SUCH EXPENDITURE OR COMMUNICATION WITH THE STATE ETHICS COMMISSION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CAMPAIGN PRACTICES, SO AS TO DEFINE "ELECTIONEERING COMMUNICATION".

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3193 (Word version) -- Reps. Cole, Finlay, Newton, Pope, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, J.E. Smith, Hicks and Weeks: A BILL TO AMEND SECTION 8-13-1320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ATTRIBUTION OF CAMPAIGN CONTRIBUTIONS TO SPECIFIC TYPES OF ELECTIONS, SO AS TO REVISE THE MANNER IN WHICH CAMPAIGN CONTRIBUTIONS ARE ATTRIBUTED TO A PRIMARY ELECTION AND TO A PRIMARY ELECTION RUNOFF.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 3200 (Word version) -- Reps. Cole, Finlay, Newton, Pope, Anderson, Bales, G.A. Brown, R.L. Brown, Felder, Funderburk, Hart, Knight, Lucas, Murphy, Norman, Norrell, Putnam, Rivers, Southard, Spires, Tallon, Taylor, Wells, Williams, Willis, Long, Henderson, G.M. Smith, G.R. Smith, McCoy, Clary, J.E. Smith, Hicks and Jefferson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-756 SO AS TO PROVIDE THAT CERTAIN PROVISIONS PERTAINING TO USE OF OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, REPORTING OF PARTICULAR GIFTS, RESTRICTIONS ON FUTURE EMPLOYMENT AND RELATED PROVISIONS, DO NOT APPLY TO A PUBLIC EMPLOYEE OF AN INSTITUTION OF HIGHER EDUCATION WHO PARTICIPATES IN THE DEVELOPMENT OF INTELLECTUAL PROPERTY THAT BENEFITS THE INSTITUTION AND THE STATE OF SOUTH CAROLINA, IF THE INSTITUTION OF HIGHER EDUCATION RETAINS SOME ROYALTY RIGHTS TO THE INTELLECTUAL PROPERTY.

Ordered for consideration tomorrow.

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 3215 (Word version) -- Reps. Govan, Robinson-Simpson and Willis: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO REFORM ALIMONY, TO PROVIDE FOR MEMBERSHIP OF THE STUDY COMMITTEE AND THE METHOD OF APPOINTMENT OF MEMBERS, TO REQUIRE THE STUDY COMMITTEE TO PREPARE A REPORT WITH FINDINGS AND RECOMMENDATIONS FOR THE GENERAL ASSEMBLY, AND TO INCLUDE A SUNSET PROVISION FOR THE STUDY COMMITTEE.

Ordered for consideration tomorrow.

Senator LEATHERMAN from the Committee on Finance submitted a favorable report on:

H. 3846 (Word version) -- Reps. Yow and Henegan: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD, OR ITS SUCCESSOR STATE AGENCY, TO TRANSFER OWNERSHIP OF THE CHERAW NATIONAL GUARD ARMORY TO THE TOWN OF CHERAW.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Education submitted a favorable report on:

H. 3849 (Word version) -- Rep. Bingham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO EXEMPT PERSONALLY IDENTIFIABLE INFORMATION IN CERTAIN EVALUATIONS OF PUBLIC SCHOOL EDUCATORS AND STUDENT TEACHERS FROM PUBLIC DISCLOSURE.

Ordered for consideration tomorrow.

Appointments Reported

Senator LARRY MARTIN from the Committee on Judiciary submitted a favorable report on:

Statewide Appointments

Initial Appointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2009, and to expire May 19, 2016
5th Congressional District:
Alfred L. Reid, Jr., 1681 Huntmoor Drive, Rock Hill, SC 29732 VICE James R. Sanders, Jr.

Received as information.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2014, and to expire May 19, 2021
4th Congressional District:
Barry D. Wynn, 138 Turnberry Drive, Spartanburg, SC 29306

Received as information.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2015, and to expire May 19, 2022
2nd Congressional District:
Jack F. Wolfe, Jr., 2012 Johnson Marina Road, Chapin, SC 29036

Received as information.

Reappointment, Board of Directors of the South Carolina Public Service Authority, with the term to commence May 19, 2015, and to expire May 19, 2022
Georgetown County:
Danny J. "Dan" Ray, 735 Beach Bridge Road, Pawleys Island, SC 29585

Received as information.

Initial Appointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2011, and to expire June 30, 2015
2nd Congressional District:
Kent T. Washington, 400 Mallet Hill Road, Unit D1, Columbia, SC 29223 VICE Mary M. Amonitti (resigned)

Received as information.

Reappointment, South Carolina State Commission for Minority Affairs, with the term to commence June 30, 2015, and to expire June 30, 2019
2nd Congressional District:
Kent T. Washington, 400 Mallet Hill Road, Unit D1, Columbia, SC 29223

Received as information.

Message from the House

Columbia, S.C., May 12, 2015

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has appointed Reps. Newton, Taylor and Norrell to the Committee of Conference on the part of the House on:

S. 11 (Word version) -- Senators L. Martin, Malloy, Peeler, Courson, Campsen, Johnson, Hembree, Setzler, Coleman, Alexander, Scott and Sheheen: A BILL TO AMEND SECTION 30-4-80, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE NOTICE OF MEETINGS FOR PUBLIC BODIES, TO REQUIRE THAT A PUBLIC BODY MUST PROVIDE AN AGENDA FOR ALL REGULARLY SCHEDULED MEETINGS AND THAT ITEMS SHALL NOT BE ADDED TO THAT AGENDA LATER THAN TWENTY-FOUR HOURS BEFORE THE MEETING, EXCEPT BY A TWO-THIRDS VOTE OF THE BODY.
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., May 13, 2015

Mr. President and Senators:

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

S. 183 (Word version) -- Senators Hayes and Bryant: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 16-3-2010, RELATING TO HUMAN TRAFFICKING DEFINITIONS, SO AS TO DEFINE "COERCION"; BY AMENDING SECTION 16-3-2020, RELATING TO HUMAN TRAFFICKING OFFENSES, SO AS TO PROVIDE THAT A PERSON IS CONSIDERED A TRAFFICKER IF THE PERSON SOLICITS OR PARTICIPATES IN PROSTITUTION WITH ANOTHER PERSON KNOWING THAT THE OTHER PERSON IS A HUMAN TRAFFICKING VICTIM, TO PROVIDE THAT A VICTIM CONVICTED OF A HUMAN TRAFFICKING VIOLATION OR PROSTITUTION MAY MOTION THE COURT TO VACATE THE CONVICTION, AND TO PROVIDE THAT A VICTIM IS NOT SUBJECT TO PROSECUTION FOR HUMAN TRAFFICKING OR PROSTITUTION IF THE VICTIM WAS A MINOR AT THE TIME OF THE OFFENSE, AND TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CRIMINAL ACTION; BY AMENDING SECTION 16-3-2030, RELATING TO BUSINESSES AND HUMAN TRAFFICKING, SO AS TO PROVIDE THAT A COURT MAY CONSIDER DISGORGEMENT OF PROFIT FROM A BUSINESS INVOLVED IN HUMAN TRAFFICKING AND DISBARMENT FROM GOVERNMENT CONTRACTS; BY AMENDING SECTION 16-3-2040, RELATING TO HUMAN TRAFFICKING RESTITUTION, SO AS TO PROVIDE THAT THE COURT MAY ORDER AN AMOUNT REPRESENTING THE VALUE OF THE VICTIM'S LABOR OR SERVICES; BY AMENDING SECTION 16-3-2050, RELATING TO THE HUMAN TRAFFICKING TASK FORCE, SO AS TO PROVIDE THAT THE TASK FORCE MAY MAKE GRANTS OR CONTRACTS TO DEVELOP OR EXPAND VICTIM SERVICE PROGRAMS; BY AMENDING SECTION 16-3-2060, RELATING TO HUMAN TRAFFICKING CIVIL ACTIONS, SO AS TO PROVIDE THAT A VICTIM'S SEXUAL HISTORY IS NOT ADMISSIBLE BY A DEFENDANT IN A CIVIL ACTION; BY AMENDING SECTION 16-3-2070, RELATING TO VICTIMS' RIGHTS AND THE STATE CRIME VICTIM'S COMPENSATION FUND, SO AS TO PROVIDE THAT HUMAN TRAFFICKING VICTIMS ARE CONSIDERED VICTIMS REGARDLESS OF IMMIGRATION STATUS, TO PROVIDE THAT THE PICTURES AND IMAGES OF VICTIMS MUST BE KEPT CONFIDENTIAL, AND TO PROVIDE THE PROTOCOL A LAW ENFORCEMENT OFFICER SHALL FOLLOW WHEN INTERACTING WITH A VICTIM; AND BY ADDING SECTION 16-3-2100, SO AS TO REQUIRE THE POSTING OF INFORMATION REGARDING THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE IN CERTAIN BUSINESSES.
Very respectfully,
Speaker of the House

Received as information.

Order for consideration tomorrow.

Message from the House

Columbia, S.C., February 10, 2015

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

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

At-Large:

Mr. Brian M. Barnwell, 1992 Congaree Road, Eastover, SC 29044 VICE Thomas Galardi
Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 10, 2015

Mr. President and Senators:

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

STATEWIDE APPOINTMENT

Reappointment, State Ethics Commission, with term to commence June 30, 2015, and to expire June 30, 2020:

At-Large:

Mr. Brian M. Barnwell, 1992 Congaree Road, Eastover, SC 29044
Very respectfully,
Speaker of the House

Received as information.

HOUSE CONCURRENCES

S. 726 (Word version) -- Senators Cromer, Setzler, Shealy, Massey and Courson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION LOCATED AT THE JUNCTION OF UNITED STATES HIGHWAY 1, CHARTER OAK ROAD, AND PISGAH CHURCH ROAD IN LEXINGTON COUNTY "SERGEANT JOHN DAVID MEADOR II INTERSECTION" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERSECTION THAT CONTAIN THIS DESIGNATION.

Returned with concurrence.

Received as information.

S. 760 (Word version) -- Senators L. Martin, Malloy, Campsen, Peeler, Alexander, Hayes and Scott: A CONCURRENT RESOLUTION TO FIX NOON ON WEDNESDAY, MAY 27, 2015, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, CHIEF JUSTICE, UPON HER RETIREMENT ON OR BEFORE DECEMBER 31, 2015, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE WHICH WILL EXPIRE JULY 31, 2024; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND THE SUCCESSOR WILL FILL THE UNEXPIRED TERM OF THAT OFFICE; AND AS THE DATE TO MEET IN JOINT SESSION FOR THE PURPOSE OF ELECTING A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, FIRST CONGRESSIONAL DISTRICT, SEAT 1, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THIRD CONGRESSIONAL DISTRICT, SEAT 3, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, FIFTH CONGRESSIONAL DISTRICT, SEAT 5, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SEVENTH CONGRESSIONAL DISTRICT, SEAT 7, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE SEAT 9, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE SEAT 11, WHOSE TERM WILL EXPIRE JUNE 30, 2019, TO ELECT A MEMBER OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, AT-LARGE SEAT 13, WHOSE TERM WILL EXPIRE JUNE 30, 2019, AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF LANDER UNIVERSITY, SIXTH CONGRESSIONAL DISTRICT, SEAT 6, WHOSE TERM WILL EXPIRE JUNE 30, 2016, AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, AT-LARGE SEAT 10, WHOSE TERM WILL EXPIRE JUNE 30, 2021, AND FOR THE PURPOSE OF ELECTING A MEMBER TO THE BOARD OF TRUSTEES FOR THE OLD EXCHANGE BUILDING COMMISSION, WHOSE TERM WILL EXPIRE JUNE 30, 2021, AND FOR THE PURPOSE OF ELECTING THREE MEMBERS TO THE BOARD OF TRUSTEES FOR THE WIL LOU GRAY OPPORTUNITY SCHOOL, AT-LARGE, WHOSE TERM WILL EXPIRE JUNE 30, 2019, AND FOR THE PURPOSE OF ELECTING THREE MEMBERS TO FILL VACANCIES OR EXPIRED TERMS ON THE LEGISLATIVE AUDIT COUNCIL PURSUANT TO SECTION 2-15-10 FROM AMONG THE CANDIDATES NOMINATED BY THE LEGISLATIVE AUDIT COUNCIL NOMINATING COMMITTEE PURSUANT TO SECTION 2-15-209.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolutions were 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. 3843 (Word version) -- Rep. Allison: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR THE OFFICE OF FIRST STEPS STUDY COMMITTEE TO COMPLETE ITS REVIEW AND PRESENT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY FROM MARCH 15, 2015, AS PROVIDED IN ACT 287 OF 2014, TO JANUARY 1, 2016.

H. 3168 (Word version) -- Reps. Tallon, McCoy and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 9, TITLE 25 SO AS TO ENACT THE "SOUTH CAROLINA EMERGENCY MANAGEMENT LAW ENFORCEMENT ACT", TO DEFINE NECESSARY TERMS, AND PROVIDE QUALIFICATIONS, POWERS, DUTIES, AND LIMITATIONS OF SPECIAL LAW ENFORCEMENT OFFICERS SERVING PURSUANT TO THIS ARTICLE.

H. 3748 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PROCEDURES FOR CONTESTED CASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3749 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HYPODERMIC DEVICES; AND DRUGS AND DEVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4468, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

HOUSE BILLS RETURNED

The following Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 3575 (Word version) -- Reps. Jefferson, Southard, Johnson, Ott, Crosby, Dillard, Hosey, Knight, Williams, Gagnon and Gambrell: A BILL TO AMEND SECTION 44-96-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO REVISE THE DEFINITION OF "SOLID WASTE" TO EXCLUDE STEEL SLAG.

Senator CLEARY explained the Bill.

H. 3646 (Word version) -- Reps. Burns, Southard, Loftis, Ott and Dillard: A BILL TO AMEND SECTION 44-55-1310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS, SO AS TO ALLOW FOR NONGRAVITY-BASED SOIL-BASED ON-SITE DISPOSAL SYSTEMS; TO AMEND SECTION 44-55-1320, RELATING TO WASTEWATER COLLECTION, TREATMENT, AND DISCHARGE, SO AS TO AUTHORIZE SINGLE OR MULTIPLE DWELLING UNITS TO USE A COMMUNITY OR COMMERCIAL PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1330, RELATING TO SYSTEM INSTALLATION REQUIREMENTS, SO AS TO REMOVE CERTAIN REQUIREMENTS FOR A PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEM AND TO SET DESIGNATIONS FOR THE TRENCH BOTTOM OF A DISPOSAL SYSTEM; TO AMEND SECTION 44-55-1350, RELATING TO TILE FIELD PRODUCT REGULATIONS, SO AS TO ADD THE REQUIREMENTS OF SECTION 44-55-1310 TO REGULATIONS PROMULGATED OVER PASSIVE SOIL-BASED ON-SITE DISPOSAL SYSTEMS; AND TO REPEAL SECTION 44-55-1340 RELATING TO FINANCIAL ASSURANCE.

H. 3847 (Word version) -- Reps. G.R. Smith, Burns, Hamilton, Loftis, Robinson-Simpson, Putnam, Allison, Bannister, Chumley, Dillard, Nanney, Stringer and Willis: A JOINT RESOLUTION TO TEMPORARILY EXEMPT APPLICANTS FOR LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST ASSISTANT FROM THE REQUIREMENT OF HAVING A BACHELOR'S DEGREE FROM A REGIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION FOUND IN SECTION 49-67-220 OF THE 1976 CODE IF THE APPLICANT HOLDS A BACHELOR'S DEGREE IN SPEECH-LANGUAGE PATHOLOGY FROM A NATIONALLY ACCREDITED INSTITUTION OF HIGHER EDUCATION; TO PROVIDE THAT THE PROVISIONS OF THIS JOINT RESOLUTION LIBERALLY MUST BE CONSTRUED TO EFFECTUATE THE PURPOSES OF THIS JOINT RESOLUTION AND MUST BE APPLIED RETROACTIVELY; AND TO PROVIDE FOR THE EXPIRATION OF THIS JOINT RESOLUTION ON JULY 1, 2019.

READ THE THIRD TIME
SENT TO THE HOUSE

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

S. 737 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4481, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 738 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO MINIMUM STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4461, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator CLEARY explained the Joint Resolution.

S. 754 (Word version) -- Senators Cleary, Rankin and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-23-15 SO AS TO INCREASE THE BOUNDARIES OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT.

SECOND READING BILLS

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

S. 731 (Word version) -- Senator Hutto: A BILL TO AMEND ACT 581 OF 1992, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE, SO AS TO REAPPORTION THE FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF BAMBERG-EHRHARDT SCHOOL DISTRICT ONE MUST BE ELECTED, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.

S. 732 (Word version) -- Senator Hutto: A BILL TO AMEND ACT 581 OF 1992, RELATING TO DENMARK-OLAR SCHOOL DISTRICT TWO IN BAMBERG COUNTY, SO AS TO REAPPORTION THE FIVE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF DENMARK-OLAR SCHOOL DISTRICT NUMBER TWO MUST BE ELECTED, TO DESIGNATE A MAP NUMBER ON WHICH THESE SINGLE-MEMBER ELECTION DISTRICTS ARE DELINEATED, AND TO PROVIDE DEMOGRAPHIC INFORMATION PERTAINING TO THE REAPPORTIONED ELECTION DISTRICTS.

READ THE SECOND TIME

S. 739 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 4496, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator CLEARY explained the Joint Resolution.

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

Ayes 43; Nays 0

AYES

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

Total--43

NAYS

Total--0

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

CARRIED OVER

H. 3266 (Word version) -- Reps. Hiott, Bannister, Brannon, Erickson, Henderson, Collins, Sandifer, Corley, Tallon, Taylor, Thayer, Wells, Felder, Kirby, Hixon, Hodges, Riley, Ott, Goldfinch, Hardee, Gagnon, Pitts, Finlay, Southard, D.C. Moss, Chumley, Yow, Huggins, Kennedy, Rivers and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 TO TITLE 15 SO AS TO ESTABLISH THE "TRESPASSER RESPONSIBILITY ACT" WHICH PROVIDES A LIMITATION ON LIABILITY BY LAND POSSESSORS TO TRESPASSERS, AND TO PROVIDE EXCEPTIONS.

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

H. 3525 (Word version) -- Reps. Sandifer, Forrester and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 TO CHAPTER 23, TITLE 58 SO AS TO PROVIDE FOR THE REGULATION OF TRANSPORTATION NETWORK COMPANIES; TO AMEND SECTION 58-4-60, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF REGULATORY STAFF, SO AS TO PROVIDE FOR THE EXPENSES OF THE TRANSPORTATION DEPARTMENT BORNE BY ASSESSMENTS TO TRANSPORTATION NETWORK COMPANIES IN ADDITION TO EXISTING SOURCES; AND TO AMEND SECTION 58-23-50, RELATING TO EXEMPTIONS FROM REGULATION OF MOTOR VEHICLE CARRIERS BY THE PUBLIC SERVICE COMMISSION, SO AS TO EXEMPT TRANSPORTATION NETWORK COMPANIES.

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

H. 3304 (Word version) -- Reps. Brannon, Allison, Cole, Hicks, Tallon, Nanney, Henderson, Loftis, Hamilton, Stringer, Bannister and Putnam: A BILL TO CREATE THE LANDRUM FIRE AND RESCUE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, TO ESTABLISH A GOVERNING COMMISSION, AND TO PRESCRIBE THE FUNCTIONS AND POWERS OF THE COMMISSION.

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

S. 505 (Word version) -- Senators L. Martin, Hembree and Shealy: 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.

Senator CAMPBELL explained the Bill.

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

S. 740 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR WASTEWATER FACILITY CONSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 4485, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 741 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING COMMUNITY RESIDENTIAL CARE FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4484, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 742 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 4483, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator PEELER, the Resolution was carried over.

H. 3914 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO PARTICLE ACCELERATORS (TITLE C), DESIGNATED AS REGULATION DOCUMENT NUMBER 4482, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 658 (Word version) -- Senators Cleary and Kimpson: A SENATE RESOLUTION TO COMMEND AND SUPPORT TAIWAN'S DEMOCRATIC SYSTEM OF GOVERNMENT, ITS CLOSE RELATIONSHIP WITH THE UNITED STATES, AND THE NATION'S MEANINGFUL PARTICIPATION IN THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, AND THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE, AS WELL AS OTHER INTERNATIONAL ORGANIZATIONS, AND TO EXTEND THEIR MOST SINCERE BEST WISHES FOR CONTINUED COOPERATION AND SUCCESS.

On motion of Senator BRIGHT, the Senate Resolution was carried over.

ADOPTED

S. 720 (Word version) -- Senators Nicholson, Shealy and L. Martin: A SENATE RESOLUTION TO DECLARE THE MONTH OF MAY 2015 AS "TEEN PREGNANCY PREVENTION MONTH" THROUGHOUT THE STATE AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO WORK TOGETHER TO REDUCE AND PREVENT TEEN PREGNANCY FOR THE FUTURE SUCCESS OF OUR YOUNG PEOPLE.

The Senate Resolution was adopted.

AMENDED, AMENDMENT PROPOSED
OBJECTION

H. 3702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

The Senate proceeded to a consideration of the Joint Resolution.

Senator GREGORY proposed the following amendment (BBM\3702C001.BBM.DG15), which was adopted:

Amend the joint resolution, as and if amended, SECTION 1, page [3702-3], lines 18-21, by striking item (23) and inserting:

/   (23)   H27 - University of South Carolina -

Columbia Campus

Maintenance: Critical Care and

Repair (1:1 Match)     $5,446,913       /

Amend the joint resolution further, SECTION 1, page [3702-3], lines 34-37, by striking item (27) and inserting:

/   (27)   H37 - University of South Carolina

Lancaster Campus

Maintenance: Critical Care and

Repair (1:1 Match)   $   262,406       /

Renumber sections to conform.

Amend title to conform.

Senator GREGORY explained the amendment.

The amendment was adopted.

Senators HUTTO, MATTHEWS and COURSON proposed the following amendment (DAD CRF ORANGEBURG TEC), which was adopted:

Amend the joint resolution, as and if amended, Section 1, page 7, item (54), line 43 by striking /$26,329/ and inserting /$26,328/

Amend the joint resolution further, as and if amended, Section 1, page 10, after line 31, by adding an appropriately numbered item to read:

/ ( ) H59 - State Board for Technical and Comprehensive Education

Orangeburg-Calhoun Technical College - Upgrade Technology Infrastructure and Security System   $1 /

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator MATTHEWS explained the amendment.

The amendment was adopted.

Senators SHANE MARTIN, DAVIS, BRYANT and BRIGHT proposed the following amendment (3702R009.KM.SRM), which was proposed:

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

/   SECTION   1.   In accordance with the provisions of Section 36(B)(2) and (3), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for Fiscal Year 2014-2015 the following amounts:

(1)   H63 - Department of Education

School Bus Lease or Purchase   $   17,000,000

(2)   H03 - Commission on Higher Education

Out of State Veteran Tuition

Reimbursement-Colleges   $   7,000,000

(3)   H51 - Medical University of South

Carolina Children's Hospital   $   1

(4)   J02 - Department of Health and Human Services

Telemedicine   $   2,000,000

(5)   D10 - State Law Enforcement Division

New Laboratory Facility   $   1

(6)   D10 - State Law Enforcement Division

Vehicles   $   900,000

(7)   K05 - Department of Public Safety

Law Enforcement Vehicles   $   1,000,000

(8)   K05 - Department of Public Safety

Body Armor Replacement   $   800,000

(9)   K05 - Department of Public Safety

Supply Warehouse Roof

Replacement   $   250,000

(10)   P16 - Department of Agriculture

Consumer Protection Equipment   $   1,000,000

(11)   P28 - Department of Parks,

Recreation and Tourism Welcome Center

Facility Management   $   1

(12)   Y14 - State Ports Authority

Georgetown Port

Maintenance Dredging   $   2,600,000

(13)   U12 - Department of Transportation

Facility Maintenance and

Renovation   $   870,000

(14)   County Transportation Fund

Capital Expenditure Road

Maintenance   $   51,393,208

$   84,813,211

SECTION 2. (A)   Of the funds appropriated above in Section 1, item (4) to the Commission on Higher Education for Out-of-State Veteran Tuition Reimbursement - Colleges, the Office of State Treasurer is directed to establish a fund, separate and distinct from the general fund and all other funds, entitled the College and University Out-of-State Veteran Tuition Differential Reimbursement Fund. Any funds appropriated in this act for this purpose must be deposited into the fund and interest accrued by the fund must remain in the fund.

(B)   The purpose of the fund is to reimburse public institutions of higher learning, as defined in Section 59-103-5 of the 1976 Code, for revenue loss resulting from the provisions of Section 59-112-50(C). By March 1, 2016, a public institution of higher learning seeking a reimbursement from this fund must submit an application to the Commission on Higher Education to receive a reimbursement from the fund. The total reimbursement to a public institution may not exceed the difference between the amount the institution would have charged but for Section 59-112-50(C), and the amount the institution actually charged. The Commission on Higher Education may require any proof it determines necessary to verify the veracity of the application.

(C)   By June 15, 2016, the Commission on Higher Education must distribute the funds to those institutions that have applied pursuant to subsection (B). In the event that the total requested and verified reimbursements exceed the amount in the fund, the distribution to each public institution shall be reduced pro rata based on the institution's amount of verified reimbursements compared to the total amount of verified reimbursements of all institutions.

SECTION 3.   Funds appropriated above in Section 1, item (79) to the Department of Transportation shall be used to fund the Orangeburg District Office Building Renovation, Clarendon County Maintenance Complex Construction, SHEP Greenville/Spartanburg Office Construction, and Lexington Maintenance Complex Construction.

SECTION   4.   The Comptroller General shall post the appropriations contained in SECTION 1 of this joint resolution as provided in Section 11-11-320(D) of the 1976 Code. Unexpended funds appropriated pursuant to SECTION 1 of this joint resolution may be carried forward to succeeding fiscal years and expended for the same purposes.

SECTION   5.   This joint resolution takes effect thirty days after the completion of the 2014-2015 Fiscal Year in accordance with the provisions of Section 36(B)(3)(a), Article III, Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code.       /

Renumber sections to conform.

Amend title to conform.

Senator SHANE MARTIN explained the amendment.

Senator DAVIS explained the amendment.

Senator BRIGHT objected to further consideration of the Joint Resolution.

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

SET FOR ADJOURNED DEBATE

H. 3702 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2014-2015, AND TO ALLOW UNEXPENDED FUNDS APPROPRIATED TO BE CARRIED FORWARD TO SUCCEEDING FISCAL YEARS AND EXPENDED FOR THE SAME PURPOSES.

Senator LEATHERMAN moved to set the Joint Resolution for Adjourned Debate.

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

Ayes 27; Nays 17

AYES

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

Total--27

NAYS

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

Total--17

Having received the necessary votes, the Joint Resolution was set for Adjourned Debate.

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

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

Ayes 39; Nays 6

AYES

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

Total--39

NAYS

Bright                    Bryant                    Davis
Fair                      Martin, Shane             Thurmond

Total--6

MOTION ADOPTED

At 4:03 P.M., on motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

H. 3114 (Word version) -- Reps. Nanney, Hicks, Allison, Atwater, Ballentine, Bannister, Bingham, Brannon, Burns, Chumley, Clary, Corley, H.A. Crawford, Crosby, Daning, Delleney, Erickson, Forrester, Gagnon, Goldfinch, Hamilton, Henderson, Herbkersman, Hiott, Huggins, Kennedy, Limehouse, Loftis, Long, McCoy, Merrill, D.C. Moss, Newton, Pitts, Pope, Quinn, Ryhal, Sandifer, G.M. Smith, G.R. Smith, Stringer, Tallon, Taylor, Thayer, Yow, Wells, Willis, Hixon, Putnam, Rivers, V.S. Moss, Whitmire, Bedingfield, Hill, Duckworth and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 41, TITLE 44 SO AS TO ENACT THE "SOUTH CAROLINA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT", TO PROVIDE FINDINGS OF THE GENERAL ASSEMBLY, TO DEFINE NECESSARY TERMS, TO REQUIRE A PHYSICIAN TO CALCULATE THE PROBABLE POST-FERTILIZATION AGE OF AN UNBORN CHILD BEFORE PERFORMING OR INDUCING AN ABORTION, TO PROVIDE THAT AN ABORTION MAY NOT BE PERFORMED IF THE PROBABLE POST-FERTILIZATION AGE OF THE UNBORN CHILD IS TWENTY OR MORE WEEKS, TO PROVIDE FOR EXCEPTIONS, TO REQUIRE CERTAIN REPORTING BY PHYSICIANS WHO PERFORM ABORTIONS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE PUBLIC REPORTS THAT PROVIDE DATA ON ABORTIONS PERFORMED IN THE STATE AND TO PROMULGATE REGULATIONS, TO PROVIDE FOR A CIVIL RIGHT OF ACTION FOR CERTAIN INDIVIDUALS AGAINST A PHYSICIAN PERFORMING AN ABORTION IN VIOLATION OF THE ACT AND FOR INJUNCTIVE RELIEF, TO CREATE CRIMINAL PENALTIES, AND TO PROVIDE THE ACT DOES NOT IMPLICITLY OR OTHERWISE REPEAL ANOTHER PROVISION OF LAW.

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

Amendment No. P1

Senator GROOMS proposed the following amendment (3114R005.LS.LKG), which was carried over:

Amend the committee amendment, as and if amended, page [3114-1], by striking lines 31-34 and inserting:

/     (10)   'Severe fetal anomaly' means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, despite the provisions of life-preserving treatment, would be incompatible with sustaining life after birth for a reasonable time, not to exceed thirty days.     /

Renumber sections to conform.

Amend title to conform.

Senator GROOMS explained the amendment.

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

The Committee on Medical Affairs proposed the following amendment (H-3114), which was carried over:

Amend the bill, as and if amended, page 5, by striking lines 5-11 and inserting:

/         (10)   'Severe fetal anomaly' means in reasonable medical judgment, the unborn child has a severe congenital or chromosomal anomaly that is incompatible with independent and sustained life after birth.

(11)   Unborn child' or 'fetus' each means an individual organism of the species homo sapiens from fertilization until live birth.

(12)   'Woman' means a female human being whether or not she has reached the age of majority.

Section 44-41-440.   (A)   Except in the case of a medical emergency, rape, incest, or severe fetal anomaly no abortion must be performed or induced or be     /

Amend further, page 5, by striking line 32 and inserting:

/         weeks, except in the case of rape, incest, severe fetal anomaly, or in reasonable medical judgment, she has a condition                                         /

Amend further, page 7, by striking line 6 and inserting:

/         twenty or more weeks, whether the reason for the abortion was a medical emergency, rape, incest, or severe fetal anomaly, and if the reason was a medical emergency, the basis of the determination that the     /

Renumber sections to conform.

Amend title to conform.

On motion of Senator HUTTO, the committee amendment was carried over.

Amendment No. 1

Senator BRIGHT proposed the following amendment (3114R002.LS.LB), which was carried over:

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

/     SECTION   ( ).   Section 44-41-10(b) of the 1976 Code is amended to read:

"(b)   'Physician' means a person licensed to practice medicine in this State who is board certified in obstetrics and gynecology."       /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   ( ).   Chapter 41, Title 44 of the 1976 Code is amended by adding:

"Section 44-41-25.   Any abortion not performed in a certified hospital may only be performed by the pregnant woman's attending physician who must have admitting privileges at a local certified hospital and staff privileges to replace on-staff physicians at the certified hospital."       /

Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:

/     SECTION   ( ).   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.       /

Renumber sections to conform.

Amend title to conform.

Senator BRIGHT explained the amendment.

On motion of Senator LOURIE, the amendment was carried over.

Amendment No. 2

Senator BRIGHT proposed the following amendment (3114R003.LS.LB), which was carried over:

Amend the bill, as and if amended, page 10, after line 21, by adding an appropriately numbered new SECTION to read:

/     SECTION   ( ).   If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.       /

Renumber sections to conform.

Amend title to conform.

Senator BRIGHT explained the amendment.

Senator FAIR spoke on the amendment.

On motion of Senator HUTTO, the amendment was carried over.

EXECUTIVE SESSION

On motion of Senator LEATHERMAN, 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 Agriculture and Natural Resources Committee, 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, 2013, and to expire April 6, 2019
Veterinarian - At-Large:
Elizabeth M. Fuller, 1236 Sunset Drive, Charleston, SC 29407 VICE Oswald H. King
On motion of Senator VERDIN, the question was confirmation of Elizabeth M. Fuller.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Elizabeth M. Fuller was confirmed.

Having received a favorable report from the Education Committee, the following appointments were taken up for immediate consideration:

Initial Appointment, South Carolina Public Charter School District Board of Trustees, with the term to commence July 1, 2012, and to expire July 1, 2015
SC Alliance of Black Educators:
Ronald L. Epps, 6 Old South Drive, Columbia, SC 29209

On motion of Senator COURSON, the question was confirmation of Ronald L. Epps.

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                   Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Verdin                    Williams                  Young

Total--45

NAYS

Total--0

The appointment of Ronald L. Epps was confirmed.

Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence July 1, 2015, and to expire July 1, 2018
SC Alliance of Black Educators:
Ronald L. Epps, 6 Old South Drive, Columbia, SC 29209

On motion of Senator COURSON, the question was confirmation of Ronald L. Epps.

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                   Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Verdin                    Williams                  Young

Total--45

NAYS

Total--0

The appointment of Ronald L. Epps was confirmed.

Reappointment, South Carolina Public Charter School District Board of Trustees, with the term to commence May 3, 2014, and to expire May 3, 2018
At-Large, Governor:
Donald L. McLaurin, 13 Water Street, Charleston, SC 29401

On motion of Senator COURSON, the question was confirmation of Donald L. McLaurin.

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                   Davis
Fair                      Gregory                   Grooms
Hayes                     Hembree                   Hutto
Jackson                   Johnson                   Kimpson
Leatherman                Lourie                    Malloy
Martin, Larry             Martin, Shane             Massey
Matthews                  McElveen                  Nicholson
O'Dell                    Peeler                    Pinckney
Rankin                    Reese                     Sabb
Scott                     Setzler                   Shealy
Sheheen                   Thurmond                  Turner
Verdin                    Williams                  Young

Total--45

NAYS

Total--0

The appointment of Donald L. McLaurin was confirmed.

Having received a favorable report from the Judiciary Committee, the following appointments were 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:
Brian M. Barnwell, 1992 Congaree Road, Eastover, SC 29044 VICE Mr. Thomas Galardi

On motion of Senator LARRY MARTIN, the question was confirmation of Brian M. Barnwell.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hutto                    Malloy
McElveen                  Sabb                     Thurmond

Total--6

The appointment of Brian M. Barnwell was confirmed.
Reappointment, South Carolina State Ethics Commission, with the term to commence June 30, 2015, and to expire June 30, 2020
At-Large:
Brian M. Barnwell, 1992 Congaree Road, Eastover, SC 29044

On motion of Senator LARRY MARTIN, the question was confirmation of Brian M. Barnwell.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hutto                     Malloy
McElveen                  Sabb                      Thurmond

Total--6

The appointment of Brian M. Barnwell was confirmed.
Reappointment, South Carolina State Human Affairs Commission, with the term to commence June 30, 2015, and to expire June 30, 2018
3rd Congressional District:
Ashley P. Case, 1192 Garrett-Patton Road, Fountain Inn, SC 29644

On motion of Senator LARRY MARTIN, the question was confirmation of Ashley P. Case.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hutto                     Malloy
McElveen                  Sabb                      Thurmond

Total--6

The appointment of Ashley P. Case was confirmed.

Having received a favorable report from the Labor, Commerce and Industry Committee, the following appointments were taken up for immediate consideration:

Initial Appointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2011, and to expire June 30, 2015
3rd Congressional District:
Timothy W. Roberts, 2907 Rambling Path, Anderson, SC 29621

On motion of Senator ALEXANDER, the question was confirmation of Timothy W. Roberts.

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

Ayes 40; Nays 0; Abstain 5

AYES

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

Total--40

NAYS

Total--0

ABSTAIN

Allen                     Hayes                     Hutto
Setzler                   Young

Total--5

The appointment of Timothy W. Roberts was confirmed.

Reappointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2015, and to expire June 30, 2019
3rd Congressional District:
Timothy W. Roberts, 2907 Rambling Path, Anderson, SC 29621

On motion of Senator ALEXANDER, the question was confirmation of Timothy W. Roberts.

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

Ayes 40; Nays 0; Abstain 5

AYES

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

Total--40

NAYS

Total--0

ABSTAIN

Allen                     Hayes                     Hutto
Setzler                   Young

Total--5

The appointment of Timothy W. Roberts was confirmed.

Initial Appointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2011, and to expire November 27, 2015
General Public:
Dean S. Stephens, 102 Golf View Lane, Greenville, SC 29609

On motion of Senator ALEXANDER, the question was confirmation of Dean S. Stephens.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0
ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Dean S. Stephens was confirmed.

Reappointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2015, and to expire November 27, 2019
General Public:
Dean S. Stephens, 102 Golf View Lane, Greenville, SC 29609

On motion of Senator ALEXANDER, the question was confirmation of Dean S. Stephens.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0
ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Dean S. Stephens was confirmed.

Initial Appointment, Jobs Economic Development Authority, with the term to commence July 27, 2014, and to expire July 27, 2017
3rd Congressional District:
Joseph R. Millender, 319 Hammond Road, Greenwood, SC 29646 VICE Michael Nix (resigned)

On motion of Senator ALEXANDER, the question was confirmation of Joseph R. Millender.

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

Ayes 44; Nays 0; Abstain 1

AYES

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

Total--44

NAYS

Total--0

ABSTAIN

Hutto

Total--1

The appointment of Joseph R. Millender was confirmed.

Initial Appointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2014, and to expire November 27, 2018
LISW:
Harold T. Patrick, Jr., 37 Carolina Street, Charleston, SC 29403 VICE Marjorie Hammock

On motion of Senator ALEXANDER, the question was confirmation of Harold T. Patrick, Jr.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41
NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Harold T. Patrick, Jr. was confirmed.

Reappointment, South Carolina Residential Builders Commission, with the term to commence June 30, 2014, and to expire June 30, 2018
7th Congressional District:
Bryan H. Dowd, BHD Builders, Inc., 1931 Osprey Drive, Florence, SC 29501

On motion of Senator ALEXANDER, the question was confirmation of Bryan H. Dowd.

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

Ayes 40; Nays 0; Abstain 5

AYES

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

Total--40
NAYS

Total--0

ABSTAIN

Allen                     Hayes                     Hutto
Setzler                   Young

Total--5

The appointment of Bryan H. Dowd was confirmed.

Initial Appointment, South Carolina State Board of Social Work Examiners, with the term to commence November 27, 2012, and to expire November 27, 2016
LBSW:
Jacqueline S. Lowe, 3 South Canterbury Court, Blythewood, SC 29016 VICE Susan Powell Graham (resigned)

On motion of Senator ALEXANDER, the question was confirmation of Jacqueline S. Lowe.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41
NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Jacqueline S. Lowe was confirmed.

Reappointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2013, and to expire May 30, 2017
Dietician, Consulting:
Edna Cox Rice, 117 Scotland Drive, Lexington, SC 29072

On motion of Senator ALEXANDER, the question was confirmation of Edna Cox Rice.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Edna Cox Rice was confirmed.

Reappointment, South Carolina Board of Real Estate Appraisers, with the term to commence May 31, 2013, and to expire May 31, 2016
Licensed or Certified Appraiser:
George E. Knight, Jr., 4013 Kenilworth Road, Columbia, SC 29205

On motion of Senator ALEXANDER, the question was confirmation of George E. Knight, Jr.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of George E. Knight, Jr. was confirmed.

Reappointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2015, and to expire May 30, 2017
Public Member:
Michael C. Greene, 2918 Delano Drive, Columbia, SC 29204

On motion of Senator ALEXANDER, the question was confirmation of Michael C. Greene.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Michael C. Greene was confirmed.

Initial Appointment, South Carolina Panel for Dietetics, with the term to commence May 30, 2015, and to expire May 30, 2017
Dietician, Clinical:
Kay J. MacInnis, 5925 Sylvan Drive, Columbia, SC 29206 VICE Rona Wharton

On motion of Senator ALEXANDER, the question was confirmation of Kay J. MacInnis.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41
NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Kay J. MacInnis was confirmed.

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

Reappointment, South Carolina State Board of Nursing, with the term to commence December 31, 2013, and to expire December 31, 2017
4th Congressional District:
Carol Ann Moody, 2317 Roper Mountain Road, Simpsonville, SC 29681

On motion of Senator PEELER, the question was confirmation of Carol Ann Moody.

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

Ayes 42; Nays 0; Abstain 3

AYES

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

Total--42

NAYS

Total--0

ABSTAIN

Hutto                     Setzler                   Young

Total--3

The appointment of Carol Ann Moody was confirmed.

Reappointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2015, and to expire September 30, 2018
Occupational Therapist:
Ricardo Holmes, 2 Bradford Ridge Court, Columbia, SC 29223

On motion of Senator PEELER, the question was confirmation of Ricardo Holmes.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Ricardo Holmes was confirmed.

Reappointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2012, and to expire September 30, 2015
Occupational Therapist:
Ricardo Holmes, 2 Bradford Ridge Court, Columbia, SC 29223

On motion of Senator PEELER, the question was confirmation of Ricardo Holmes.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Ricardo Holmes was confirmed.

Reappointment, South Carolina State Board of Nursing, with the term to commence December 31, 2015, and to expire December 31, 2019
3rd Congressional District:
Wilma K. Swisher, 110 Cedar Court, Laurens, SC 29360

On motion of Senator PEELER, the question was confirmation of Kay Swisher.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Wilma K. Swisher was confirmed.

Reappointment, South Carolina State Board of Nursing, with the term to commence December 31, 2012, and to expire December 31, 2016
5th Congressional District:
Samuel H. McNutt, Jr., 5909 Highway 321 South, Winnsboro, SC 29180

On motion of Senator PEELER, the question was confirmation of Samuel H. McNutt, Jr.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Samuel H. McNutt, Jr. was confirmed.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2013, and to expire June 30, 2017
3rd Congressional District:
Vicki A. Thompson, 10010 Clovis Drive, Seneca, SC 29672 VICE Christine Sharp

On motion of Senator PEELER, the question was confirmation of Vicki A. Thompson.

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

Ayes 44; Nays 0; Abstain 1

AYES

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

Total--44

NAYS

Total--0

ABSTAIN

Hutto

Total--1

The appointment of Vicki A. Thompson was confirmed.

Reappointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2014, and to expire July 1, 2018
3rd Congressional District:
Kenneth C. Walker, 2810 East North Avenue, Anderson, SC 29625

On motion of Senator PEELER, the question was confirmation of Kenneth C. Walker.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hayes                     Hutto
Malloy                    Setzler                   Young

Total--6

The appointment of Kenneth C. Walker was confirmed.

Reappointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2014, and to expire July 1, 2018
4th Congressional District, Lay Member:
Martha H. Wright, 4171 Ridge Road, Greer, SC 29651

On motion of Senator PEELER, the question was confirmation of Martha H. Wright.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hayes                     Hutto
Malloy                    Setzler                   Young

Total--6

The appointment of Martha H. Wright was confirmed.

Initial Appointment, South Carolina State Board of Pharmacy, with the term to commence June 30, 2014, and to expire June 30, 2020
4th Congressional District:
Eric J. Strauss, 100 Mallard Street, Greenville, SC 29601 VICE David M. Banks

On motion of Senator PEELER, the question was confirmation of Eric J. Strauss.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Eric J. Strauss was confirmed.

Initial Appointment, South Carolina Commission on Disabilities and Special Needs, with the term to commence June 30, 2014, and to expire June 30, 2018
5th Congressional District:
Gary C. Lemel, 936 Ashford Way, Fort Mill, SC 29708 VICE Katherine Finley

On motion of Senator PEELER, the question was confirmation of Gary C. Lemel.

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

Ayes 44; Nays 0; Abstain 1

AYES

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

Total--44

NAYS

Total--0

ABSTAIN

Hutto

Total--1

The appointment of Gary C. Lemel was confirmed.

Initial Appointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2014, and to expire September 30, 2017
Occupational Therapist:
Todd A. Laliberte, 510 Juanita Drive, Florence, SC 29501 VICE Janie Turner

On motion of Senator PEELER, the question was confirmation of Todd A. Laliberte.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Todd A. Laliberte was confirmed.

Initial Appointment, Medical Disciplinary Commission of the State Board of Medical Examiners, with the term to commence July 1, 2014, and to expire July 1, 2018
2nd Congressional District:
Michael W. Powelson, 819 Aiken Street, Columbia, SC 29201 VICE Vacant (due to redistricting)

On motion of Senator PEELER, the question was confirmation of Michael W. Powelson.

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

Ayes 39; Nays 0; Abstain 6

AYES

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

Total--39

NAYS

Total--0

ABSTAIN

Davis                     Hayes                     Hutto
Malloy                    Setzler                   Young

Total--6

The appointment of Michael W. Powelson was confirmed.

Reappointment, South Carolina Mental Health Commission, with the term to commence July 31, 2013, and to expire July 31, 2018
7th Congressional District:
Alison Y. Evans, 612 West Home Avenue, Hartsville, SC 29550

On motion of Senator PEELER, the question was confirmation of Alison Y. Evans.

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

Ayes 43; Nays 0; Abstain 2

AYES

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

Total--43

NAYS

Total--0

ABSTAIN

Hayes                     Hutto

Total--2

The appointment of Alison Y. Evans was confirmed.

Initial Appointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2014, and to expire September 30, 2017
Occupational Therapist:
Mary Rebecca Terry, 605 Wando Street, Columbia, SC 29205 VICE Joyce J. Branham

On motion of Senator PEELER, the question was confirmation of Mary Rebecca Terry.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Mary Rebecca Terry was confirmed.

Initial Appointment, South Carolina Board of Occupational Therapy, with the term to commence September 30, 2014, and to expire September 30, 2017
Occupational Therapist:
Hima N. Dalal, 121 Clearview Drive, Columbia, SC 29212 VICE Susan M. Hardin

On motion of Senator PEELER, the question was confirmation of Hima N. Dalal.

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

Ayes 41; Nays 0; Abstain 4

AYES

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

Total--41

NAYS

Total--0

ABSTAIN

Hayes                     Hutto                     Setzler
Young

Total--4

The appointment of Hima N. Dalal was confirmed.

LOCAL APPOINTMENTS
Confirmations

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

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Michael S. Rankin, 1704 Fair Street, Camden, SC 29020

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Darrell J. Drakeford, 2504 Thomas Street, Camden, SC 29020

Reappointment, Kershaw County Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
James E. Davis, 531 Community Center Road, Camden, SC 29020

Reappointment, Kershaw County Part-time Magistrate, with the term to commence April 30, 2015, and to expire April 30, 2019
Roderick M. Todd, Jr., 407 Chestnut Street, Camden, SC 29020

Senator LEATHERMAN moved that the Senate stand adjourned.

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

Ayes 28; Nays 14

AYES

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

Total--28

NAYS

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

Total--14

Motion Adopted

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

ADJOURNMENT

At 5:27 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *

This web page was last updated on Thursday, December 10, 2015 at 4:13 P.M.